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IN RE: SARAH MCCREA CHAPMAN
JONES, LATE OF LOWER MIFFLIN
TQWNSHIP, CUMBERLAND
~~®UNTY, DECEASED
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~~~ MEMORAN
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:IN THE COURT OF COMMON PLEAS
OF PENNSYLVANIA -
CUMBERLAND COUNTY
ORPHANS COURT DIVISION
N0.2009-329
DUM
On November 1, 2012, this Court received a copy of Appellee M&T
Bank's Motion to Dismiss in regards to No. 1244 MDA 2012. Only upon
receiving a copy of this Motion has the Court become aware of the existence of
an appeal filed by Henry L. Chapman, Karen E. Chapman, and Katherine
Chapman Michalka, docketed at No. 1244 MDA 2012. Accordingly, because
Appellants failed to serve this Court with a copy of their Notice of Appeal, this
appeal should be dismissed.
This Court did receive Appellant John McCrea's Notice of Appeal
in regards to 1234 MDA 201.2, and in response filed a Rule 1925 Opinion,
which was filed with the Superior Court on September 7, 2012. That Opinion,
according to the relevant Superior Court Docket Sheet, was "Transferred from
1234 MDA 2012" to 1244 MDA 2012 on September 26, 2012. This Court can
only assume that the Superior Court's Prothonotary's Office believed the
Opinion filed on September 7 was meant to apply to both 1234 MDA 2012 and
1244 MDA 2012.
This Court did not intend such transference to occur. As stated
earlier in this Memorandum, this Court was not made aware that a separate
appeal in this matter existed until November 1, 2012. Therefore, the Rule 1925
~ "Phis action was originally filed in Cumberland County, but was transferred to the 41 ~` Judicial
District (Perry and Juniata Counties) due to a conflict. This Court is therefore specially presiding.
Opinion (entitled "Final Memorandum") filed by this Court on September 7,
2012, was only ever meant to pertain to 1234 MDA 2012.
As of the date of this Memorandum, this Court has not been served
a Notice of Appeal in regards to 1244 MDA 2012, and has therefore never
~ ordered Appellants to file a Statement of Matters Complained of in accordance
with Pa. R.A.P. 1925(b). Consequently, we have not been made aware of the
errors complained of giving rise to this appeal.
Therefore, because Appellants failed to serve this Court with a copy
of their Notice of Appeal, in direct violation of Pa. R.A.P 906(a)(2), the Court
believes this appeal should be dismissed.
BY THE COURT,
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K NETH A. MUMMAH, J.
4ls' Judicial District, Specially Presiding
Date: ~ ~ ` 7 `/ ~
cc: Jeffrey B. Boswell, Esquire
Seth E. Mosebey, Esquire
No V. Otto, III, Esquire
James D. Flower, Jr., Esquire
John McCrea, llI
Michael T. Foerster, Esquire
llaniel Sullivan, Esquire
Dickinson School of Law
The National Trust for Scotland
Episcopal Diocese of Central Pennsylvania
Perry County Court Administrator
Cumberland County Court Administrator
In Ke: SARAH MCCREA CHAPMAN JONES
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 09-0329
CERTIFICATE OF SERVICE OF ORDER
ORDER DA'f E: 11/7/12
JUDGE'S INITIALS: KAM
TIME STAMP DATE: ] 1/l/12
IN RE:
MEMORANDUM
SERVICE TO: JEFFREY BOSWELL IVO OTTO JAMES FLOWER JR JOHN MCCREA
MICHAEL FOERSTER DANIEL SULLIVAN DICKINSON SCHOOL OF LAW
THE NATIONAL TRUST FOR SCOTLAND EPISOPAL DIOCESE OF CENTRAL PA
SETH MOSBEY
METHOD OF MAILING:
® USPS
^ KKK
^ HAND DF.L.IVERED
^ OTHER
MAILED: 11/20/12
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
® CLERK OF ORPHANS COURT
SERVICE TO: CUMBERLAND COUNTY COURT ADMINISTRATOR
METHOD OF MAILING:
^ USPS
^ KKR
® HAND DELIVERED
^ OTHER
MAILED: 1 1 /20/12
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPIIANS COURT
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Clerk of O a Court