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Home My WebLink About10-22-08 (2)1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION Loy T. Hempt, Deceased NO 21-1977-0231 NOTICE OF TRANSMITTAL OF RECORD AND SERVICE OF LIST OF DOCUMENTS AND NOW this 22"d day of October, 2008, notice is hereby given that the Clerk of Orphans' Court has transmitted the record on appeal to the Superior Court of Pennsylvania. Pursuant to Rule 1931(d) of the Pennsylvania Rules of Appellate Procedure a list of the record documents is attached to this notice. CC: ~~ ~~ ^~ ~ Glenda Farner Strasbaugh, Register ~~, ills - ra -- c~ ~;; ._,_~ Q ._~ - - r -~ n~ r,> -. _~ ._ : ~ -- ~~ , _,. ; ::~ -- ~ .: ~Q 08523210222008 Cumberland County - Orphans Cour1~ ORC621 Case No 1977-00231 Case Name: HEMPT LOY T Docket Entries Age P10/22/2008 Filed 3/31/77 1 LETTERS TESTAMENTARY BOOK WILL NO 76 RAGE 368 (REVOKED) CAJ 12/19/77 2 INVENTORY BOOK INV NO 39 PAGE 842 CAJ 12/19/77 3 DEDUCTIONS CAJ 4/12/78 4 REMAINDER APPRAISEMENT BOOK TAX 10-72-7 CAJ 4/20/78 5 INHERITANCE TAX APPRAISEMENT BOOK TAX 10-72-7 CAJ 5/16/79 6 FEDERAL ESTATE TAX RETURN- Lr"iC ~r~cti( C1C~Cllt71~~~} ~C61f ~ tale `~~~~• CAJ •5 5/16/79 7 AMENDED FEDERAL ESTATE TAX RETURN Cf?r ~y1~1~~ C~C'Ct.try}~~jl ~~?~i} ~r~~~~ ~t`A~ CAJ 1/27/92 8 LETTERS TESTAMENTARY BOOK WILL NO 120 PAGE 708 CAJ 7/23/02 9 TRUSTS TERMS,LIFE TENANT AND REMAINDER BENEFICIARY INFORMATION 7/23/02 10 FIRST AND FINAL ACCOUNT (TRUST) 8/23/02 11 OBJECTIONS CAJ 8/26/02 12 EXCEPTIONS/OBJECTIONS TO ACCOUNT 12/05/02 13 REPLY TO OBJECTIONS 4/21/03 14 PETITION FOR CONTINUANCE OF AUDITOR CAJ 4/21/03 15 ORDER IN RE PETITION FOR CONTINUANCE OF AUDITOR CAJ 08523210222008 Cumberland County - Orphans Court= ORC621 Case No 1977-00231 2/10/04 16 PETITION FOR CONTINUANCE OF AUDITOR CAJ 2/10/04 17 ORDER IN RE PETITION FOR CONTINUANCE OF ~~UDITOR CAJ Pl~/22/2008 4/08/04 18 ACCOUNTANT'S MOTION TO PERMANENTLY SEAL THEE RECORD BRIEF IN SUPPORT OF ACCOUNTANT'S MOTION TO PERMANENTLY SEAL THE RECORD ACCOUNTANT'S CONFIDENTIALITY DESIGNATIONS 4~~ITH RESPECT TO HEARING RECORD. 7/08/04 19 PETITION FOR CONTINUANCE OF AUDITOR 7/08/04 20 ORDER - SGINED 7-8-04 PETITITON FOR CONTINUANCE OF AUDITOR IT IS HEREBY ORDERED THAT THE TIME FOR WILLIAM A DUNCAN ESQ AUDITOR TO FILE A REPORT FOR SAID ACTION IS CONTINUED UNTIL 10-15-04. BY THE COURT - GEORGE E HOFFER PJ 10/14/04 21 AUDITOR'S REPORT TRANSCRIPTS FROM HEARING HELD ON 2/17/04 2/18/04 2/19/04 CAJ 10/25/04 22 EXCEPTIONS/OBJECTIONS TO ACCOUNT - FILED BY JOEL R ZULLINGER ON BEHALF OF W ROBERT MARK, FOREST H MARK, & S'T'EVEN E MARK 10/25/04 23 EXCEPTIONS/OBJECTIONS TO ACCOUNT - FILED BY HOWELL C METTE - ON BEHALF OF KALBACH OBJECTORS 10/25/04 24 OBJECTIONS TO AUDITOR'S REPORT 10/26/04 25 KALBACH OBJECTORS CLARIFYING SUPPLEMENTAL E1~CEPTION/OBJECTION TO AUDITORS/MASTERS REPORT AND RECOMMENDATIONS 11/02/04 26 TRANSCRIPT OF PROCEEDINGS AUDITORS HEARING VOLUME 1 6/15/04 CAJ 11/02/04 27 CARANSCRIPT OF PROCEEDINGS AUDITORS HEARING VOLUME 2 7/20/04 8/13/07 28 PRAECIPE TO LIST OBJECTIONS TO AUDITORS REPORT FOR ARGUMENT JAA 9/21/07 29 MOTION TO CLARIFY OR AMEND ACCOUNTANT'S OBJECTIONS TO THE AUDITOR'S REPORT AJW 08523210222008 Cumberland County - Orphans Couri: Page 3 ORC621 10/22/2008 Case No 1977-00231 9/25/07 30 NOTICE OF DEATH JAA 4/16/08 31 ORDER OF COURT DATED 04/16/08 IN RE EXCEPT]:ONS TO AUDITORS REPORT AND RECOMMENDATIONS BEFORE BAYLEY PJ GUIDO J THE AUDITORS REPORT AND RECOMMENDATIONS ARE SUSTAINED IN PART AND OVERRULED IN PART FOR THE REASONS SET FORTH IN THE ATTACHED C)PINION IT IS HEREBY ORDERED AND DIRECTED AS FOLLOWS GERALD L HEMPT IS REMOVED AS TRUSTEE OF THE LOY T HEMPT RESIDUARY TRUST WE PROPOSE THE APPOINTMENT OF ORRSTOWN BANK TO ACT AS SUCCESSOR TRUSTEE THIS APPOINTMENT SHALL BECOME FINAL UNLESS ANY F'ARTY OR THE PROPOSED TRUSTEE FILES A SPECIFIC OBJECTION WITHIN 20 DAYS GERALD L HEMPT IS SURCHARGED FOR THE FOLLOWING CONTINUED 4/16/08 32 CONT FROM ABOVE (A) $192,500 REPRESENTING DISTRIBUTIONS TO JEAN D HEMPT AFTER THE DEATH OF MAX C HEMPT (B) $41,215.31 FOR ATTORNEY REPRESENTING 1~~OFTTHE PRINCIPALTANDTINTERES~NDUE)THE~TRUSTBAS A RESULT OF LOANS TO VALLEY LAND COMPANY THE TRUSTEES EXCEPTION TO THE AUDITORS RECOMMENDATION REGARDING THE PRO RATA DISTRIBUTION OF ASSETS UPON THE DEATH OF JEAN HEMPT IS SUSTAINED AND THAT RECOMMENDATION IS REJECTED EXCEPT AS MODIFIED ABOVE THE AUDITORS REPORT AND RECOMMENDATIONS ARE HEREBY CONFIRMED AND ARE ENTERED AS AN ORDER OF COURT CONSISTENT THEREWITH CONTINUED 4/16/08 33 CONT FROM ABOVE THE DISTRIBUTIONS TO THE BENEFICIARY JEAN HEMPT BEFORE THE DEATH OF MAX C HEMPT ARE CONFIRMED AND THE TRUSTEES ACCOUNT IS CONFIRMED AS MODIFIED BY THIS ORDER FURTHERMORE THE TRUSTEES DIVISION OF THE RESIDUARY TRUST IN'r0 THREE DISTINCT TRUSTS IS SET ASIDE AND THE TRUSTEE IS HERE:3Y ORDERED TO REFORM THE RESIDUARY TRUST CREATED UNEDER ARTICLE :FIFTH OF THE WILL OF LOY T HEMPT INTO A SINGLE TRUST BY THE COURT EDWARD E GUIDO JUDGE COPIES MAILED 04/17/08 WSZ 5/06/08 34 GERALD L HEMPTS EXCEPTIONS TO THE APRIL 16 :?008 OPINION AND ORDER WSZ 5/23/08 35 RESPONSE OF KALBACH OBJECTORS TO GERALD L HF;MPT'S EXEPTIONS TO THE APRIL 16, 2008 OPINION AND ORDER wsz 5/27/08 36 ANSWER TO GERALD L HEMPT EXCEPTIONS TO THE ~~PRIL 16, 2008 OPINION AND ORDER OF COURT AJW 5/28/08 37 ORDER OF COURT DATED 5/27/08 IN RE TRUST CREATED UNDER ITEM FIFTH OF THE WILL THE COURT ADMINISTRATOR IS DIRECTED TO LIST GERALD L HEMPT'S EXCEPTIONS TO THE APRIL 16 2008 OPIAfION AND ORDER FOR THE JULY 9 2008 ARGUMENT COURT THE PARTIES ARE DIRECTED TO FILE BRIEFS IN ACCORDANCE WITH THE LOCAL RULES OF COURT BY THE COURT EDWARD E WSZDO JUDGE COPIES MAILED 05/28/08 08523210222008 ORC621 Cumberland County - Orphans Court: P10/22/2008 Case No 1977-00231 8/14/08 38 ORDER OF COURT DATED 08/13/08 IN RE AFTER F~EVIEW THE BRIEFS FILED EXCEPTIONSTTOSTHED04%16/08HOPINIONGANDNORDE~RRARE GRANTEDLINEPART THE EXCEPTION TO THE APPOINTMENT OF ORRSTO4~iN BANK IS SUCCESSOR TRUSTEE IS GRANTED IN LIEU OF ORRSTOWN BANK; WE PROPOSE THE APPOINTMENT OF THE HERSHEY TRUST CO TO ACT AS SUCCESSOR TRUSTEE THIS APPOINTMENT SHALL BECOME EFFECTIVE UPON THE ACCEPTANCE BY THE HEMPTEARERDENIED ANDAOUROORDERROFP4/16/08EISXHEREBOYNMADE FENALDBY THE COURT EDWARD E GUIDO COPIES MAILED 08/14/08 WSZ 9/12/08 39 APPLICATION FOR STAY AND FOR TERMS AND CONDITIONS OF APPROPRIATE SECURITY AJW 9/12/08 40 NOTICE OF APPEAL REQUEST FOR TRANSCRIPTS CERTIFICATE OF SERVICE AJW 9/12/08 41 ANOWICE OF APPEAL SENT USPS TO SUPERIOR COURT' ON 09/12/08 9/17/08 42 PRAECIPE FOR WITHDRAWAL DANIEL L SULLIVAN O]V BEHALF OF THE KALBACH OBJECTIORS CAJ 9/17/08 43 PRAECIPE FOR ENTRY OF APPEARANCE OF JOHN F '~ANINEK ON BEHALF OF KALBACH OBJECTORS CAJ 9/17/08 44 SUPERIOR COURT APPEAL DOCKET SHEET DOCKET NO 1642 MDA 2008 RECORD DUE 11/12/2008 CAJ 9/18/08 45 ORDER OF COURT DATED 09/12/08 PURSUANT TO FAA RCP 1925 THE APPELLANT SHALL FILE OF RECORD AND SEARVE OTi THIS JUDGE WITHIN TWENTY ONE DAYS OF THIS DATE A CONCISE STATEMENT OF ERRORS COMPLAINED OF ON APPEAL ANY ISSUE NOT PROPEF~LY INCLUDED IN THE CONCISE STATEMENT TIMELY FILLED AND SERVED PURSUANT TO RULE 1925 B SHALL BE DEEMED WAIVED BY THE COURT EDWARD E; GUIDO JUDGE COPIES MAILED 09/18/08 WSZ 9/24/08 46 ANSWERS AND NEW MATTER OF KALBACH OBJECTORS IN OPPOSITION TO APPLICATION FOR STAY AND FOR TERMS AND CONDITIONS OF APPROPRIATE SECURITY JAN 9/30/08 47 CORRESPONDENCE DATED 9/24/08 FROM SUSAN L PETRILLA RPR IN RE: 08523210222008 Cumberland County - Orphans Court= Page 5 ORC621 10/22/2008 Case No 1977-00231 ANDU2/19/04LOTHAT ARENCURRENTLYNDNETHEBPOSSF;SSIjON/OF/THE REGISTER OF WILLS. 9/30/08 48 TRANSCRIPT OF PROCEEDINGS OF AUDITORS HEARING VOLUME 1 2/17/04 CAJ 9/30/08 49 CARANSCRIPT OF PROCEEDINGS OF AUDITORS HEARING VOLUME 2 2/18/04 9/30/08 50 TRANSCRIPT OF PROCEEDINGS OF AUDITORS HEARING VOLUME 3 2/19/04 EXHIBITS CAJ 10/03/08 51 JOINT STIPULAATION OF ALL PARTIES WSZ 10/03/08 52 APPELLANTS STATEMENT OF ERRORS COMPLAINED OF ON APPEAL WSZ 10/07/08 53 ORDER DATED 10/06/08 IN RE JOINT STIPULATIO]V OF ALL PARTIES IT IS HEREBY ORDERED THAT UPON CONSIDERATION OF Ti~E JOINT STIPULATION OF ALL PARTIES REGARDING APPLICATION FOR STAY :FILED BY GERALD L HEMPT TRUSTEE OF THE LOY C HEMPT RESIDUARY TRUST THE ORDER ENTERED IN THIS MATTER ON 08/14/08 IS STAYED PENDING A~?PEAL SUBJECT TO THE FOLLOWING EXCEPTIONS AND CONDITIONS 1 THAT l?ORTION OF THE ORDER SETTING ASIDE TEH DIVISION OF THE RESIDUARY TRUST INTO THREE DISTINCT TRUSTS AND REQUIRING THE TRUSTEE TO REFORM THE THREE TRUSTS INTO A SINGLE TRUST SHALL BE DONE PROMPTLY 2 GERALD L HEMPT MAY CONTINUE IN HIS CAPACITY AS TRUSTEE DUR:CNG THE (CONTINUED) 10/07/08 54 CONTINUED- PENDENCY OF THE APPEAL AND UNTIL A FINAL NON APPEALABLE DETERMINATION THE TRUSTEE SHALL NOT MAKE DISTRIBUTIONS TO THE LIFETIME BENEFICIARY JEAN D HEMPT WITHOUT PF:IOR PERMISSION OF THE COURT OR THE CONSENT OF ALL REMAINDER BENEFICIARIES OF THE TRUST AND THE TRUSTEE SHALL KEEP THE REMAINDER BENEFICIARIES REASONABLY INFORMED AS TO TRUST ACTIVITY 3 THE TRUST ASSETS SHALL NOT BE DISTRIBUTED TO THE REMAINDER BENEFICIARIES tTNITL THE LATER TO OCCUR OF THE DEATH OF JEAN D HEMPT OR THE FINAL DETERMINATION IN THIS MATTER IF THAT FINAL DETERMINATION IS 'T'HAT THE DIVISION OF THE RESIDUARY TRUST INTO THREE DISTINCT TRU~~TS(CONTINUED) 10/07/08 55 CONTINUED- PENDENCY OF THE APPEAL AND UNTIL A FINAL NON APPEALABLE DETERMINATION THE TRUSTEE SHALL NOT MAKE DISTRIBUTIONS TO THE LIFETIME BENEFICIARY JEAN D HEMPT WITHOUT PRIOR PERMISSION OF THE COURT OR THE CONSENT OF ALL REMAINDER BENEFICIARIES OF THE TRUST AND THE TRUSTEE SHALL KEEP THE REMAINDER BENEFICIARIES REASONABLY INFORMED AS TO TRUST ACTIVITY 3 THE TRUST ASSETS SHALL NOT BE DISTRIBUTED TO THE REMAINDER BENEFICIARIES UNTTL THE LATER TO OCCUR OF THE DEATH OF JEAN D HEMPT OR THE FINAL DETERMINATION IN THIS MATTER IF THAT FINAL DETERMINATION IS THAT THE DIVISION OF THE RESIDUARY TRUST INTO THREE DISTINCT TRUSTS (CONTINUED) 08523210222008 Cumberland County - Orphans Court: gg ORC621 P10/22/2008 Case No 1977-00231 10/07/08 56 CONTINUED- WAS NOT PERMISSIBLE THE TRUST ASSETS SHALL UPON THE DEATH OF JEAN D HEMPT BE DISTRIBUTED TO THE' REMAINDER BENEFICIARIES IN ACCORDANCE WITH LAW IF THE FINAL DETERMINATION IS THAT THE DIVISION OF THE RESIDUARY TRUST INTO THREE DISTINCT TRUSTS WAS PERMISSIBLE THE TRUST ASSETS SHALL BE DISTRIBUTED TO THE REMAINDER BENEFICIARIES IN A MANNER CONSISTENT WITH THE DIVISION OF ASSETS WHICH HAD BEEN EFFECTED BY THE DIVISION OF THE RESIDUARY TRUST INTO THREE DISTINCT TRUSTS 4 NO DEPOSIT OF SECURITY BY APPELLANT GERALD L HEMPT SHALL BE REQUIRED BY THE COURT EDWARD E GUIDO J COPIES MAILED JAN 10/08/08 57 OPINION GERALD L HEMPT HAS FILED AN APPEAL FROM OUR FINAL ORDER OF AUGUST 13 2008 WHICH DENIED HIS EXCEPTIONS TO THE INTERIM ORDER DATED 4/16/08 THE REASONS FROM OUR DECISION ARE FULLY SET FORTH IN THE OPINION WHICH ACCOMPANIED THE 4/16/0!3 ORDER OF COURT -BY THE COURT EDWARD E GUIDO J COPIES MAILED 10/8/08 VIA USPS CAJ 10/22/08 58 cARTIFICATE AND TRANSMITTAL OF RECORD MAILED VIA USPS ON 10/22/08 10/22/08 59 NOTICE OF TRANSMITTAL OF RECORD AND SERVICE OF LIST OF RECORDS COPIES MAILED VIA USPS ON 10/22/08 CAJ ORPHANS' COURT Dl[VISION COURT OF COMMON PLEAS OF In Re: Loy T. Hempt, Deceased CUMBERLAND COUI`ITY PENNSYLVANIA NO. 21-1977-0231 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 10/22/08 JUDGE'S INITIALS: GFS TIME STAMP DATE: 10/22/08 ~ ~~ NOTICE OF TRANSMITTAL OF RECORD AND SERVICE OF LIST OF DOCUMENTS SERVICE TO: DANIEL L SULLIVAN-METTE EVANS & WOODSIDE JOEL ZULLINGER-ZULLINGER & DAMS DONALD B KAUFMAN-MCNEES WALLACE & NURICK METHOD OF MAILING: ENVELOPES PROVIDED BY: ® USPS ^ PETITIONER ^ RRR ^ JUDGE ^ HAND DELIVERED ®CLERK OF ORPHANS COURT ^ OTHER MAILED: 10/22/08 SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT ~i Deputy Clerk of Orphans' Court