HomeMy WebLinkAbout05-03-11IN RE: ESTATE OF
SARAH MCCREA CHAPMAN
JONES, LATE OF LOWER
MIFFLIN TOWNSHIP,
CUMBERLAND COUNTY, PA
DECEASED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION n
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MOTION FOR CONTINUANCE ~~
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COMES NOW John McCrea, individual co-trustee of the charitable remainder cx=
trust, reformation of which is sought in the previously filed Petition For Rule to Show
Cause, in w2hich proceeding a return date and hearing has been set for Friday, May 13,
2011, and requests the Court to grant a continuance and stay of the return date and
hearing, for the following reasons:
1. My daughter is a senior at Kansas State University and, barring unforeseen
calamity, set to graduate from the university on May 14, 2011.
2. I, along with my wife and child, have for a long time been planning to attend
my daughter's commencement exercises at the university in Manhattan,
Kansas. We plan to drive there on Friday, May 13, 2011.
3. I have on Monday May 2, 2011, e-mailed all counsel involved in this
proceeding to request whether they have any objections to the requested
continuance.
4. Counsel for M&T Bank, counsel for St. Johns Episcopal Church, the Deputy
Attorney General for the Commonwealth of Pennsylvania, and general
counsel for Dickinson College, have all sent me reply a-mails stating they
have no objections to the requested continuance.
5. Attorney Jeffrey Boswell, who represents the original Petitioners, has not
responded to my a-mail either by reply a-mail or telephone call.
6. The issue sub judice in the original Petition will not suffer prejudice if the
matter is continued beyond the current return date of May 13, 2011. In fact,
there is before the Court my pending Petition for Joinder and Stay, which
seeks to bring into the proceeding as necessary parties the five charitable
remainder entities names in the charitable remainder trust, and which seeks a
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stay to allow those charitable remainder entities ample time to file their
objections and responses to the original Petition which seeks to reform the
charitable remainder trust.
WHEREFORE, for the reasons stated herein, your Petitioner John McCrea
moves this Honorable Court to grant a continuance of the return date and hearing
now set for May 13, 2011, in this matter.
May 3, 2011 ~~,/~~.,
Jo cCrea
VERIFICATION
The facts set forth in the foregoing Motion for Continuance are true and correct,
to the best of my knowledge, information and belief.
This Verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to
unsworn falsification to authorities.
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J cCrea,
Dated: May 3, 2011
CERTIFICATE OF SERVICE
I certify that I have served a true and correct copy of the foregoing Petition and
proposed Decree upon the following persons and in the manner specified after each
person's name:
Seth E. Mosebey, Esquire
Martson Law Offices
10 East High Street
Cazlisle, PA 17013
For co-trustee, M&T Bank
James D. Flower, Esquire
Flower Law LLC
10 West High Street
Carlisle, PA 17013
For St. Johns Episcopal Church
(e-mail to smosebey@martsonlawoffices. com)
(e-mail to jim(a~lower-law.com)
Michael T. Foerster, Esquire (e-mail to mfoerster@attorneygeneral.gov)
Office of Attorney General
Charitable Trusts & Organizations Section
14"' Floor -Strawberry Square
Harrisburg, PA 17120
For Pennsylvania Attorney General
Jeffrey R. Boswell, Esquire (e-mail tojboswell@btpalaw.com)
315 North Third Street
Harrisburg, PA 17101
For Henry Chapman, Karen Chapman & Katharine Chapman Michalka
Original Petitioners
Dana Scaduto, Esquire
Dickinson College
P.O. Box 1773
Cazlisle, PA 17013
For Dickinson College
Dated: May 3, 2011
(e-mail to scadutod@dickinson.edu)
G
McCrea