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In Re: Estate of Sarah McCrea IN THE SUPERIOR COURT
Chapman Jones, Late of Lower OF PENNSYLVANIA
Mifflin Township, Cumberland
County, PA, Deceased (C.P. Cumberland County
Orphan's Court No. 21-09-0329)
Appeal of: John McCrea
No. 1234 MDA 2012
Filed: September 26, 2A12
Appellee, M&T Bank, has filed a motion to quash (properly, to dismiss)
the appeal filed by John McCrea from the order dated May 29, 20];2 (entered
June 8, 2012). The motion to quash erroneously was filed at No.I1244 MDA
2012 instead of No. 1234 MDA 2012. Appellee asserts that appellant failed
to file a Concise Statement of Errors Complained of on Appeal after having
been directed to do so by the trial court. Appellant has not filed ',an answer
to the motion.
By order of July 9, 2012, the trial court directed appellant to file a
Concise Statement pursuant to Pa.R.A.P. 1925(b), within twenty-five days of
the date of the order. When a trial court directs an appellant to file a Rule
1925(b) Statement, that appellant must comply in order to preserve issues
for appeal. See Commonwealth v. Lord, 719 A.2d 306 (Pa. 1998);
Commonwealth v. Hill, 16 A.3d 484 {Pa. 2011); see also Pa.R.A.P.
1925(b). Failure to timely file of record and serve on the trial judge the
requisite Concise Statement will result in waiver of issues on appeal. See
Pa.R.A.P. 1925(b)(4); Commonwealth v. Castillo, 888 A.2d 775 (Pa.
2005); Commonwealth v. Schofield, 888 A.2d 771 (Pa. 2005).
The July 9, 2012 order complied with the content requirements for
such orders. See Pa.R.A.P. 1925(b)(1) and (3). The trial court docket
indicates that the order was filed with the trial court filing office, which
docketed the order, recorded the date on the docket and gave notice to the
parties of the order on July 13, 2012. See Forest Highlands Community
Association v. Hammer, 879 A.2d 223 (Pa. Super. 2005). The trial court
docket and the certified record show that appellant untimely file~is Conroe
Statement on August 13, 2012. ~° "~ ~, ;~
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No. 1234 MDA 2012
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Accordingly, appellee's application for relief is hereby GRANTED and
the appeal filed by John McCrea at No. 1234 MDA 2012 is DISMISSED.
See Pa.R.A.P. 1972(a)(5) (authorizing dismissal for failure to preserve the
question below).
Per Curiam
TRUE QOPY FR
/'1~~
r Court o[
VII RH[~OI~D
r
I1~dCBe 11)1Mtict
~u~erior 4Court of ~etttt~pibattia
Karen Reid Bramblett, Esy.
Prothonotary Middle District
Mary A, Graybill, Es9.
Deputy Prothonotary
November 7, 2012
Glenda Farner Strasbaugh
Register of Wills
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
RE: In Re: Estate of Sarah McCrea Chapman Jones
No. 1234 MDA 2012
Trial Court Docket No: 21-09-0329
Penhsylvania Judicial Center
P.O. Bax 62435
601 Commonwealth Avenue, Suite 1600
Harrisburg, PA 171062435
(717)772-1294
www. s yperior. wort. state. pa. us
Dear Glenda Famer Strasbaugh:
Enclosed please find a certified copy of an order dated September 26, 2012 elntered in the
above-captioned matter.
Respectfully,
~..
Mary A. Graybill, Esq.
Deputy Prothonotary
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Enclosure
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