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HomeMy WebLinkAbout07-09-12Jeffrey R. Boswell, Esquire Supreme Court I.D. #25444 BOSWELL, TINTNER & PICCOLA 315 North Front Street Harrisburg, Pennsylvania 17101 Phone (717-236-9377) Fax(717-236-9316) E-mail (fbt,swell,c~btoal2w.:;cr~i) IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS SARAH McCREA CHAPMAN JONES :CUMBERLAND COUNTY, PENNSYLVANIA LATE OF LOWER MIFFLIN TWP., :ORPHANS' COURT DIVISION CUMBERLAND COUNTY, PA., DECEASED. : NO. 2009-329 NOTICE OF APPEAL Notice is hereby given that Henry L. Chapman, Karen E. Chapman and Katharine Chapman Michalka, appeal to the Superior Court of Pennsylvania from the Order entered in this matter on June 7, 2012, which Order is attached to this Notice of Appeal as Exhibit "A". This Order has been entered in the docket as evidenced by the attached copy of the docket entry, which docket entries were{certified by the Clerk of the Orphans' Court, Cumberland County, Pennsylvania on ~~r~e-~~, 2012. Respectfully submitted, ii,y~~ ~.7 G~ ~~ ~ ~ ~ ~ ~~ i<r'. .~ m ~:R ~n t.~,l is .... Cf'~ .-~ ~ ~ il.~ Y w ~' `~ ~ ~ ~ ~ ~~., DATED: July 9, 2012 BOSWELL, TINTNER & PICCOLA By: - J f y oswell, Esquire I.D. No. 25444 315 N. Front Street Harrisburg, PA 17101 (717) 236-9377 Attorneys for Henry L. Chapman, Karen E. Chapman, and Katharine Chapman Michalka EXHIBIT IN RE: ESTATE OF SARAH MCCREA CHAPMAN JONES, LATE OF LOWER MIFFLIN TWP., CUMBERLAND COUNTY, PA, DECEASED :IN THE COURT OF COMMON PLEAS :OF PENNSYLVANIA - :CUMBERLAND COUNTY :ORPHANS COURT DIVISION :NO. 2009-329 (~R1)FR AND NOW, May 29, 2012, the Exceptions filed by John McCrea, Individual Co-Trustee and the Exceptions filed by Henry L. Chapman, Karen E. Chapman and Katharine Chapman Michalka, Contingent Beneficiaries, are hereby DENIED. BY THE COURT, G NNETH A. MUMMAH, JUDGE 41St Judicial District Specially Presiding cc: Jeffrey B. Boswell, Esquire Seth E. Mosebey, Esquire ' No V. Otto, III, Esquire James D. Flower, Jr., Esquire John McCrea, III Miehael T. Foerster, Esquire llaniel Sullivan, Esquire o Dickinson School of Law ~ N .~ The National Trust for Scotland ~' `~'-' `'~ ~w c ~~ o Episcopal Diocese of Central Pennsylvania ~ a `=~ ~ Per Coun Court Administrator _ r^ ~;~-'-. --~ ~ ' `~ Cumberland County Court Administrator ° ~ % -~ ' ` T' O ~a ~ E311E COPY FROM RECORD ~ w p~-1 ~ `n~ r,, In Testimony wherof, I hereunto set my hand and the seal of said Cant at Carasb, PA This,~dey of~~.~~ (~, ~~ ~~ ~p l ~ ~P(~ 11 Q ~ U e _ , . , , ~I ,( 1 Cbtk of !t-s Orphans Ccwrt (,r !( ! CumbertenQ County A TRUE COPY FROM RECOR© In Testjmony wherof, t hereurto sit my hand and the seat of id Crwrt at Carlis4e, 2 i 2-- { Is . ~~`~Y of ~. Clerk of the rt_ d mY 15374807092012 Cumberland County ~ n ns~our.t Page 1 ORC621 7/09/2012 Case No 2009-00329 Case Name: JONES SARAH MCCREA CHAPMAN Age Docket Entries Filed 4/08/09 1 PETITION TO TERMINATE TRUST CAJ 4/15/09 2 DECREE DATED 4/13/09 IN RE PETITION TO TERMINATE TRUST IT IS HEREBY ORDERED AND DECREED THAT A CITATION IS HEREBY AWARDED DIRECTED TO HENRY L CHAPMAN KAREN E CHAPMAN KATHERINE CHAPMAN MICHALKA AND JOHN MCCREA III TO SHOW CAUSE WHY THE PETITION TO TERMINATE TRUST SHOULD NOT BE SUSTAINED THE AFORESAID CITATION SHALL BE RETURNABLE ON 5/13/2009 AT 11:00 AM AT WHICH TIME A WILL BE SCHEDULED IF THERE IS OPPOSITION - BY THE COURT KEVIN A HESS J COPIES MAILED VIA LISPS ON 4/15/09 CAJ 5/12/09 3 OBJECTIONS IN THE FORM OF AN ANSWER TO PETITION TO TERMINATE TRUST JAN 5/12/09 4 PRAECIPE FOR ENTRY OF APPEARANCE JAN 5/12/09 5 AMENDED PETITION TO TERMINATE TRUST CAJ 5/15/09 6 ORDER DATED 05/15/09 IN RE PETITION TO TERMINATE TRUST THE UNDERSIGNED NOW BEING SATISFIED THAT HE HAS A CONFLICT OF INTEREST IN LIGHT OF THE POTENTIAL INVOLVEMENT OF ST JOHN'S EPISCOPAL CHURCH THIS MATTER IS REFERRED TO THE COURT ADMINISTATOR FOR COPIESGMAILEDTVIA ~SPSRONU05/15/pg THE COURT KEVIN A HESS JUDGE COPY HAND DELIVERED TO COURT ADMIN ON 05/15/09 AJW 5/27/09 7 DECREE DATED 05/26/09 IN RE AMENDED PETITION TO TERMINATE TRUST IT IS HEREBY ORDERED AND DECREED THAT A CITATION IS HEREBY AWARDED DIRECTED TO ALFRED MCCREA CHAPMAN HENRY L CHAMPAN KAREN E CHAPMAN KATHERINE CHAPMAN MICHALKA ST JOHN'S EPISCOPAL CHURCH AND JOHN MCCREA III TO SHOW CAUSE WHY THE AMENDED PETITON TO TERMINATE TRUST SHOULD NOT BE SUSTAINED THE AFORESAID CITATION SHALL BE RETURNABLE ON MONDAY 07/27/2009 AT 9:30 AM AT WHICH TIME A HEARING SHALL BE SCHEDULED UPON THE WITHIN AMENDED PETITION BY THE COURT EDWARD E GUIDO JUDGE COPIES MAILED 05/27/09 WSZ 7/21/09 8 NOTICE TO PLEAD ANSWER AND OBJECTIONS TO AMENDED PETITION TO TERMINATE TRUST JAN 7/24/09 9 OBJECTIONS IN THE FORM OF AN ANSWER TO AMENDED PETITION TO TERMINATE TRUST 15374807092012 Cumberland County - Orphans Court Pagj09/2012 ORC621 77 Case No 2009-00329 AJW 7/24/09 10 PETITIONDFORRADJUD/STATEMENTTOFSPROPOSEDODISTRIBUTDIONITRUSBUTION AJW 7/28/09 11 ORDER OF COURT DATED 07/27/09 IN RE PETITION TO TERMINATE TRUST IT APPEARING TO THE COURT THAT A PETITION HAS BEEN FILED IN THE COURT OF COMMON PLEAS OF PHILADELPHIA TO HAVE A PLENARY GUARDIAN APPOINTED FOR ALFRED CHAPMAN THESE PROCEEDINGS ARE STAYED PENDING THE OUTCOME OF THE PHILADELPHIA ACTION WE WILL SCHEDULE A NEW HEARING ON THIS PETITION UPON THE REQUEST OF EITHER PARTY AFTER THE PHILADELPHIA GUARDIANSHIP ACTION HAS BEEN RESOLVED IN THE EVENT THAT A PLENARY GUARDIAN IS NOT APPOINTED TO REPRESENT THE INTERESTS OF ALFRED CHAPMAN BY THE PHILADELPHIA COURT WE WILL APPOINT A GUARDIAN AD LITEM TO REPRESENT HIS INTERESTS IN THIS 7/28/09 12 COPIES MAILED VBA USPSCONR07/D28/09 E GUIDO JUDGE AJW 8/25/09 13 ORDER OF COURT DATED 08/25/09 IN RE PETITION OF ADJUDICATION/ STATEMENT OF PROPOSED DISTRIBUTION ACCOUNT IS CONFIRMED ABSOLUTELY BY THE COURT J WESLEY OLER JR J MAW 12/07/09 14 PETITIONDFORNADJUD/~RUSTWITH SCHEDULE OF PROPOSED DISTRIBUTION JAN 1/12/10 15 ORDER OF COURT DATED 01/12/10 IN RE PETITION OF ADJUDICATION/ STATEMENT OF PROPOSED DISTRIBUTION ACCOUNT IS CONFIRMED ABSOLUTELY AND DISTRIBUTION IS DECREED IN ACCORDANCE WITH THE PROPOSED SCHEDULE OF DISTRIBUTION HEREWITH BY THE COURT J WESLEY OLER JR JUDGE 4/06/10 16 MOTION TO SCHEDULE HEARING CAJ 4/07/10 17 ORDER OF COURT DATED 04/07/10 IN RE MOTION TO SCHEDULE HEARING A HEARING ON THE PETITION TO TERMINATE TRUST IS SCHEDULED FOR JUDGE/COPIESIMA~LED 04/pOjRTOROOM 3 BY THE COURT EDWARD E GUIDO WSZ 6/09/10 18 ORDER OF COURT DATED 06/09/10 IN RE PETITION TO TERMINATE TRUST AFTER CONFERENCE WITH THE PARTIES IT APPEARS THAT THERE ARE OTHER ISSUES TO BE RESOLVED IN CONNECTION WITH THE CHARITABLE REMAINDER TRUST THAT WAS ALSO CREATED UNDER THE WILL THE PARTIES HAVE AGREED THAT THE HEARING ON M&T BANKS PETITION THE CHAPMAN LODGE TRUST WILL BE CONTINUED GENERALLY AND CONSOLIDATED TO BE HEARD WITH THE OTHER ISSUES TO BE RAISED IN CONNECTION WITH THE CHARITABLE 15374807092012 Cumberland County - Orphans Court ORC621 Case No 2009-00329 Pa7/09/2012 REMAINDER TRUST BY THE COURT EDWARD E GUIDO JUDGE COPIES MAILED 06/09/10 WSZ 10/12/10 19 PRAECIPE ENTRY OF APPEARANCE OF ROSEMARY R FERRINO ON BEHALF OF PLENARY GUARDIAN HENRY L CHAPMAN CAJ 3/08/11 20 PETITION FOR RULE TO SHOW CAUSE WSZ 3/11/11 21 DECREE DATED THE TRUSTEES THIS RULE IS OF COMMON PL COURT EDWARD wsz 03/11/11 IN RE PETITION FOR RULE TO SHOW CAUSE WHY SHOULD NOT PAY ALL THE LEGITIMATE EXPENCSES IS ISSUED RETURNABLE AT 1:00 PM 05/13/2011 IN COURTROOM 3 COURT EAS OF CUMBERLAND COUNTY ORPHANS COURT DIVISION BY THE E GUIDO JUDGE COPIES MAILED 03/11/11 3/11/11 22 ORDER OF COURT DATED 03/11/11 IN RE PETITION FOR RULE TO SHOW CAUSE THE PARTIES ARE ADVISED THAT THE UNDERSIGNED JUDGE IS AN ADJUNCT PROFESSOR AT DICKINSON COLLEGE A ONE TENTH REMAINDER BENEFICIARY OF THE CHARITABEL REMAINDER TRUST WHILE WE DO NOT BELIEVE SAID POSITION WILL AFFECT OUR ABILITY TO DECIDE THIS MATTER IMPARTIALLY AND SOLELY ON THE MERITS IN ORDER TO AVOID THE APPEARANCE OF A CONFLICT WE WILL RECUSE OURSELVES AT THE REQUEST OF ANY INTERESTED PARTY SO LONG AS THE REQUEST IS MADE WITHIN 30 DAYS OF THE DATE OF THIS ORDER BY THE COURT EDWARD E GUIDO JUDGE COPIES MAILED 03/11/11 WSZ 4/04/11 23 COMMONWEALTHS RESPONSE AND OBJECTIONS WSZ 4/04/11 24 PRAECIPE FOR ENTRY OF APPEARANCE ON BEHALF OF THE ATTORNEY GENERAL AS PARENS PATRIAE MICHAEL T FOERSTER WSZ 4/18/11 25 cRAECIPE FOR ENTRY OF APPEARANCE OF DANA SCADUTO 4/26/11 26 PETITION FOR JOINDER OF CHARITABLE REMAINDER ENTITIES AND FOR STAY OF RULE TO SHOW CAUSE RETURN DATE MAW 5/03/11 27 wOZION FOR CONTINUANCE 5/03/11 28 RESPONSE TO PETITION FOR RULE TO SHOW CAUSE CAJ 5/05/11 29 DECREE DATED 05/04/11 IN RE PETITION FOR JOINDER OF CHARITABLE 15374807092012 Cumberland County - Orphans Court ORC621 Case No 2009-00329 Pa7/09/2012 REMAINDER ENTITIES AND FOR STAY OF RULE TO SHOW CAUSE RETURN DATE IT IS ORDERED 1 THE FIVE CHARITABLE REMAINDER ENTITES SPECIFIED AND IDENTIFIED IN THE INSTANT PETITION ARE HEREBY JOINDED AS INDISPENSABLE PARTIES IN THE INSTANT PROCEEDING 2 THE RETURN DATE OF 05/13/11 PREVIOUSLY SET FOR THE RULE TO SHOW CAUSE BY DECREE DATED 03/11/11 IS HEREBY STAYED TO PERMIT THE FIVE SPECIFIED ENTITIES TO FILE RESPONSES OR OBJECTIONS TO THE PREVIOUSLY ISSUED RULE TO SHOW CAUSE 3 THE UNDERSIGNED BEING EMPLOYED AS AN ADJUNCT PROFESSOR BY DICKINSON COLLEGE HEREBY RECUSE CONTINUED 5/05/11 30 CONTINUED FROM ABOVE OURSELVES FROM ANY FURTHER PARTICIPATION IN THIS MATTER BY THE COURT EDWARD E GUIDO JUDGE COPIES MAILED 05/05/11 wsz 5/05/11 31 ORDER OF COURT DATED 05/04/11 IN RE MOTION FOR CONTINUANCE THE RETURN DATE FOR THE RULE TO SHOW CAUSE AND HEARING IN THE CASE ORIGINALLY SET FOR 05/13/11 AT 1:00 PM IS CONTINUED SINCE THE UNDERSIGNED IS EMPOLOYED BY DICKINSON COLLEGE AS AN ADJUNCT PROFESSOR AND IT HAS BEEN JOINED AS A PARTY THE COURT ADMINISTRATOR IS DIRECTED TO ASSIGN THIS MATTER TO ANOTHER JUDGE FOR A HEARING BY THE COURT EDWARD E GUIDO JUDGE COPIES MAILED 05/05/11 WSZ 5/23/11 32 ORDER OF COURT DATED 5/16/11 IN RE HONORABLE KENNETH A MUMMAH OF THE 41ST JUDICIAL DISTRICT IS HEREBY APPOINTED TO PRESIDE OVER THE ABOVE CAPTIONED MATTER -BY THE COURT KEVIN A HESS PJ COPIES EMAILED BY COURT ADMINISTRATOR ON 5/19/11 CAJ 6/08/11 33 MOTION TO SCHEDULE HEARING WSZ 6/29/11 34 DECREE DATED 6/13/11 IN RE MOTION TO SCHEDULE HEARING A HEARING ON THE RULE TO SHOW CAUSE AND PETITION TO TERMINATE TRUST FILED AT THE ABOVE REFERENCED DOCKET NUMBER IS HEREBY SCHEDULED FOR 8/25/11 AT 9:00 AM IN CRTRM 2 OF PERRY COUNTY NEW BLOOMFIELD PA -BY THE COURT KENNETH A MUMMAH COPIES MAILED 6/29/11 CAJ CAJ 7/25/11 35 RESPONSE OF BROWN UNIVERSITY DICKINSON COLLEGE AND THE PENNSYLVANIA STATE UNIVERSITY TO PETITION FOR RULE TO SHOW CAUSE DB 7/25/11 36 PRAECIPE FOR WITHDRAWAL OF APPEARANCE OF DANA SCADUTO DB 8/08/11 37 RESPONSE OF JOHN MCCREA INDIVIDUAL CO TRUSTEE TO PETITION FOR RULE TO SHOW CAUSE HMW 8/16/11 38 ORDER DATED 08/11/2011 IN RE COURTS OWN MOTION HEARING SCHEDULED 15374807092012 Cumberland County - Orphans Court ORC621 Case No 2009-00329 Pa7/09/2012 ON THE RULE TO SHOW CAUSE AND PETITION TO TERMINATE TRUST ON 08/25/11 BE AND IS HEREBY RESCHEDULED TO WEDNESDAY 08/24/11 AT 9:00 AM IN COURTROOM 2 PERRY COUNTY COURTHOUSE NEW BLOOMFIELD PA BEFORE THE UNDERSIGNED SPECIALLY PRESIDING BY THE COURT KENNETH A MUMMAH JUDGE COPIES MAILED 08/16/11 wsz 8/17/11 39 SECOND AND PARTIAL ACCT OF MANUFACTURER & TRADERS TRUST AND JOHN MCCREA III CO-TRUSTEES FOR TRUST UNDER WILL OF SARAH MCCREA CHAPMAN JONES FOR CHAPMAN LODGE PETITION FOR ADJUDICATION - TRUST MAW 8/17/11 40 SECOND AND PARTIAL ACCOUNT OF MANUFACTURERS AND TRADERS TRUST CO AND JOHN MCCREA III CO-TRUSTEES FOR SARAH MCCREA CHAPMAN JONES CHARITABLE REMAINDER TRUST UNDER WILL DATED 9/8/76 CODICIL 10/6/77 FBO ALFRED MCCREA CHAPMAN PETITION FOR ADJUDICATION - TRUST MAW 8/30/11 41 ORDER DATED 08/24/11 IN RE PETITION FOR M&T BANK TO TERMINATE THE CHAPMAN LODGE TRUST THE COURT IS HEREBY RESERVING ITS DECISION AS DISCUSSED THIS DATE THE COURT WILL NOT ISSUE DECISION UNTIL AT DISTRICT/SPECIABLLYTPRES~DINGKE OPIESAMAILEDH08/D31/111ST JUDICIAL WSZ 9/06/11 42 ORDER DATED 08/31/11 UPON CONSULTATION WITH COUNSEL OF RECORD HEARING ON THE RULE TO SHOW CAUSE AND PETITION TO TERMINATE TRUST BEGAN ON WEDNESDAY 08/24/11 IS HEREBY CONTINUED TO RESUME AT 9:30 AM IN COURTROOM 2 PERRY COUNTY COURTHOUSE NEW BLOOMFIELD PA BEFORE THE UNDERSIGNED SPECIALLY PRESIDING BY THE COURT KENNETH A MUMMAH JUDGE COPIES MAILED 09/06/11 WSZ 9/13/11 43 ORDER DATED 09/08/11 IN RE UPON COURTS MOTION HEARING ON THE RULE TO SHOW CAUSE AND PETITION TO TERMINATE TRUST SCHEDULED FOR FRIDAY 09/09/11 IS HEREBY CONTINUED TO RESUME AT 9:00 AM AND CONCLUDE AT 4:00 PM ON TUESDAY 10/04/11 IN COURTROOM 1 PERRY COUNTY COURTHOUSE NEW BLOOMFIELD PA BEFORE THE UNDERSIGNED SPECIALLY PRESIDING BY THE COURT KENNETH A MUMMAH JUDGE 41ST JUDICIAL DISTRICT SPECIALLY PRESIDING COPIES MAILED 09/13/11 WSZ 10/11/11 44 ORDER OF COURT DATED 10/11/11 IN RE PETITION OF ADJUDICATION/ STATEMENT OF PROPOSED DISTRIBUTION ACCOUNT IS CONFIRMED ABSOLUTELY BY THE COURT J WESLEY OLER JR WSZ 10/11/11 45 ORDER OF COURT DATED 10/11/11 IN RE PETITION OF ADJUDICATION/ STATEMENT OF PROPOSED DISTRIBUTION ACCOUNT IS CONFIRMED ABSOLUTELY BY THE COURT J WESLEY OLER JR wsz 1/05/12 46 ORDER DATED 12/29/11 IN RE PETITION TO TERMINATE TRUST IT IS 15374807092012 Cumberland County - Orphans Court ORC621 Case No 2009-00329 Pa7/09/2012 ORDERED THAT THE TRUST UNDER PARAGRAPH 19 OF THE LAST WILL AND TESTAMNET IS HEREBY TERMINATED THE TRUSTEE IS ORDERED TO FILE A FINAL ACCOUNT WITHIN 60 DAYS OF TODAYS DATE ANY OBJECTIONS TO THE ACCOUNT SHALL BE FILED WITHIN 20 DAYS AFTER FILING OF THE FINAL ACCOUNT AND NOTICE TO ALL INTERESTED PARTIES IF NO OBJECTIONS ARE TIMELY FILED THEN THE BALANCE OF THE PRINCIPAL AND UNDISTRIBUTED INCOME IS HEREBY AWARDED TO THE SAINT JOHNS EPISCOPAL CHURCH CARLISLIE PA BY THE COURT KENNETH A MUMMAH JUDGE SPECIALLY PRESIDING COPIES MAILED 01/06/12 WSZ 1/05/12 47 ORDER DATED 12/29/11 IN RE PETITION FOR RULE TO SHOW CAUSE AFTER HEARING AND AFTER REVIEW OF THE TESTIMONY AND ALL LEGAL MEMORANDUM FILED HEREON THE PETITIONERS REQUEST TO REFORM THE CHARITABLE REMAINDER TRUST IN ORDER TO PAY EXPENSES CARE MAINTENANCE AND SUPPORT OF ALFRED MCCREA CHAPMAN IS HEREBY DENIED BY THE COURT KENNETH A MUMMAH JUDGE SPECIALLY PRESIDING COPIES MAILED 01/06/12 WSZ 1/24/12 48 EXCEPTIONS OF JOHN MCCREA INDIVIDUAL CO-TRUSTEE TO ORDER OF COURT DATED DECEMBER 29 2011 FILED JANUARY 5 2012 TERMINATING CHAPMAN LODGE TRUST CAJ 1/26/12 49 EXCEPTIONS OF HENRY L CHAPMAN KAREN E CHAPMAN AND KATHARINE CHAPMAN MICHALKA CONTINGENT BENEFICIARIES OF THE TESTAMENTARY TRUST OF SARAH MCCREA CHAPMAN JONES AND LIFE TENANTS TO ORDER OF COURT DATED DECEMBER 29 2011 AND FILED JANUARY 5 2012 TERMINATING THE CHAPMAN LODGE TRUST CAJ 1/27/12 50 CERTIFICATE OF SERVICE DMB 2/03/12 51 PETIDTIONDFORNADJUD/~TATEMENT OFHPROPOSED DIBTRIBUTDIONTTRUSTION CAJ 2/22/12 52 OBJECTIONS OF JOHN MCCREA INDIVIDAUL COTRUSTEE TO PROPOSED THIRD AND FINAL ACCOUNT AND SCHEDULE OF PROPOSED DISTRIBUTION FOR TRUST UNDER WILL OF SARAH MCCREA CHAPMAN JONES FOR CHAPMAN LODGE HMW 3/02/12 53 OBJECTIONS OF HENRY L CHAPMAN KAREN E CHAPMAN AND KATHARINE CHAPMAN MICHALKA CONTINGENT BENEFICIARIES AND LIFE TENANTS OF THE TESTAMENTARY TRUST OF SARAH MCCREA CHAPMAN JONES AND OF HENRY L CHAPMAN GUARDIAN OF ALFRED MCCREA CHAPMAN TO THE THIRD AND FINAL ACCOUNT OF MANUFACTUREERS AND TRADERS TRUST COMPANY CORPORATE TRUSTEE AND THE SCHEDULE OF PROPOSED DISTRIBUTION OF THE TRUST UNDER WILL OF SARAH MCCREA CHAPMAN JONES FOR CHAPMAN LODGE HMW 3/06/12 54 ORDER OF COURT DATED 03/06/12 IN RE THIS BEING THE TIME FOR A CONFIRMATION OF ACCOUNTS AND IT APPEARING THAT OBJECTIONS HAVE 15374807092012 Cumberland County - Orphans Court ORC621 Case No 2009-00329 Page 7 7/09/2012 BEEN FILED TO THIS ACCOUNT AND IT FURTHER APPEARING THAT THE HONORABLE KENNETH A MUMMAH OF THE 41ST JUDICIAL DISTRICT HAS BEEN TASKED WITH VARIOUS MATTERS RELATED TO THIS TRUST WE TAKE THE APPOINTMENT OF AN AUDITOR UNDER ADVISEMENT UNTIL WE ARE ABLE TO DISCUSS THE MATTER FULLY WITH JUDGE MUMMAH BY THE COURT ALBERT H MASLAND JUDGE COPIES MAILED 03/06/12 WSZ 3/08/12 55 CORRESPONDENCE DATED 03/08/12 IN RE ENCLOSED FOR FILING THE VERIFICATION OF HENRY L CHAPMAN DATED 3/2/12 TO BE INCORPORATED WITH THE FILING OF THE OBJECTIONS OF HENRY L CHAPMAN KAREN E CHAPMAN AND KATHARINE CHAPMAN MICHALKA CONTINGENT BENEFICIARIES AND LIFE TENANTS OF THE TESTAMENTARY TRUST CAJ 3/09/12 56 ORDER OF COURT DATED 03/08/12 IN RE THIRD AND FINAL ACCOUNT AND OBJECTIONS UPON CONSULTATION WITH THE HONORABLE KENNETH A MUMMAH OF THE 41ST JUDICIAL DISTRICT WE DIRECT THAT THE OBJECTIONS FILED TO THE THIRD AND FINAL ACCOUNT OF MANUFACTURERS AND TRADERS TRUST COMPANY BE REFERRED TO JUDGE MUMMAH FOR DISPOSITION BY THE COURT ALBERT H MASLAND JUDGE COPIES MAILED 03/09/12 WSZ 3/16/12 57 ANSWER OF MANUFACTURERS AND TRADERS TRUST COMPANY TO OBJECTIONS OF HENRY L CHAMPMAN KAREN E CHAPMAN AND KATHERINE CHAPMAN MICHALKA AND HENRY L CHAPMAN AS GUARDIAN OF ALFRED MCCREA CHAPMAN CAJ 3/16/12 58 ANSWER OF MANUFACTURERS AND TRADERS TRUST COMPANY TO OBJECTIONS OF JOHN MCCREA TO THE THIRD AND FINAL ACCOUNT AND SCHEDULE OF DISTRIBUTION CAJ 6/07/12 59 ORDER DATED 5/29/2012 IN RE EXCEPTIONS FILED BY JOHN MCCREA INDIVIDUAL CO TRUSTEE AND THE EXCEPTIONS FILED BY HENRY L CHAPMAN KAREN E CHAPMAN AND KATHARINE CHAPMA MICHALKA CONTINGENT BENEFICIARIES ARE HEREBY DENIED BY THE COURT KENNETH A MUMMAH JUDGE 41ST JUDICIAL DISTRICT SPECIALLY PRESIDING COPIES MAILED 6/8/2012 DMB 6/07/12 60 ORDER DATED 5/29/2012 IN RE OBJECTIONS FILED BY JOHN MCCREA HENRY L CHAPMAN KAREN E CHAPMAN AND KATHARINE CHAPMAN MICHALKA IS HEREBY SCHEDULED FOR A HEARING ON MONDAY 7/2/2012 AT 10:30 AM IN COURTROOM 2 OF THE PERRY COUNTY COURTHOUSE BY THE COURT KENNETH A MUMMAH JUDGE 41ST JUDICIAL DISTRICT SPECIALLY PRESIDING COPIES MAILED 6/8/2012 DMB 7/05/12 61 NOTICE OF APPEAL REQUEST FOR TRANSCRIPTS CERTIFICATE OF SERVICE DOCKET ENTRY CAJ 15374807092012 Cumberland County - Orphans Court ORC621 Case No 2009-00329 7/06/12 62 CAJICE OF APPEAL SENT TO SUPERIOR COURT UPS ON 7/6/12 Pa7/09/2012 7/09/12 63 TRANSCRIPT OF PROCEEDINGS IN RE HEARING BEFORE KENNETH A MUMMAH JUDGE 08/24/2011 IN THE PERRY COUNTY COURTHOUSE NEW BLOOMFIELD PA WSZ 7/09/12 64 TRANSCRIPT OF PROCEEDINGS IN RE HEARING BEFORE KENNETH A MUMMAH JUDGE 10/04/2011 IN THE PERRY COUNTY COURTHOUSE NEW BLOOMFIELD PA WSZ c ; ~~ .,, ~ , "~~ 4 ~, ^" Jeffrey R. Boswell, Esquire ~~ ". tD Supreme Court LD. #25444 U? ' Q ~ "[ ~.~ ; r -; BOSWELL, TINTNER & PICCOLA 315 N th F t St t ~ ''- ~j~ J ~ - "*? "~ t i or ron ree '~ Harrisburg, Pennsylvania 17101 ~3 ~;? `~ Phone (717-236-9377) Fax (717-236-9316) E-mail (iboswell(a~btpalaw.com) IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS SARAH McCREA CHAPMAN JONES :CUMBERLAND COUNTY, PENNSYLVANIA LATE OF LOWER MIFFLIN TWP., :ORPHANS' COURT DIVISION CUMBERLAND COUNTY, PA., DECEASED. : NO. 2009-329 PROOF OF SERVICE OF NOTICE OF APPEAL I hereby certify that I am this day serving copies of the foregoing Notice of Appeal, the docket entries, and this Proof of Service on the following persons in the manner indicated below: Service by first class mail addressed as follows: No V. Otto, III, Esquire Seth E. Mosebey, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 For co-trustee, M&T Bank Original Petitioner Michael T. Foerster, Esquire Office of Attorney General Charitable Trusts & Organizations Section 14th Floor -Strawberry Square Harrisburg, PA 17120 For Pennsylvania Attorney General John McCrea, III, Esquire P. O. Box 341 Newville, PA 17241 Individual co-trustee Hon. Kenneth A. Mummah P. O. Box 668 New Bloomfield, PA 17068 41St Judicial District Specially Presiding ,~ James D. Flower, Esquire Flower Law LLC 10 West High Street Carlisle, PA 17013 For St. Johns Episcopal Church Daniel L. Sullivan, Esquire 26 West High Street Carlisle, PA 17013 For Dickinson School of Law DATED: July 9, 2012 Veronica Rheam P. O. Box 668 New Bloomfield, PA 17068 Official court reporter By: Je rey R. Boswell, Esquire I.D. No. 25444 315 N. Front Street Harrisburg, PA 17101 (717) 236-9377 Attorneys for Henry L. Chapman, Karen E. Chapman, and Katharine Chapman Michalka