HomeMy WebLinkAbout09-04-14 Fercino Law Otlice
I3Y: Rosemary R. Ferrino ttECotuxmllo��ceOF
ID d6773 aecisreaoewius
»o� [.owe�s�d�e�toad 2014 SEPT 04
vonh Walcs, PA 19454 ct�ucoFoar�uNswuat .�r
Attorney for Plenary Guardian and Individualty zs Beneficiary cut�m�tuArv�eounrrv �
IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS
SARAH MCCREA CHAPMAN JONES : CUMBERLANll COUNTY,PENNSYLVANIA
iRGST UNDER W[LL Ub/o : ORPHANS' COURT DNISION
CHAPMAN LODGE : YO. 21-2009-0329
MOTION TO CONTINUE ORAL ARGUMENT
Henry L. Chapman, plenary guardian of Alfred MeCrea Chapman, an incapacitated
person, and Individually, through his ondersigned cou�sel, respectfully requcsts oral argument
un the objeetions he has filed to the supplement to U�e third and final acc;ount by Manufacturers
and Traders Trust Company ("M&'1") in this matter,currently scheduled for o�al argument on
Thursday, September 4,2014 be continued umil no sooner t6an October 24,2014, and in support
thereof avers the tollowing:
1. On oc about May 16,2014 M&T as Co-Trustee of the Trust under the Will oT
Sarah MeCrea Chapman Jones for the Chapman L,odge filed a"Supplcment to the Third and
Final AccounC' atong with a Petition fo�Adjudication.
2. Timely objections[o the supplement, including whether Cumbedxnd County was
the appropriate venue for final disposition of this matter were flled by Henry L. Chapman as
guardian of his fadier Alfred McCrea Chapmads estate as well as individually.
3. The remaining objections dealt with disbursements included in the supplcment as
"reimbursement'to M&T as well as trusiee fees which is the subject matter of identical
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objections pending before the Orphan's Court of Philadelphia County in the matter known as
"The Estate of Alfred McCrea Chapman, AIP" under Fil�Number 1061 of 2009.
4. By Order of Court dated June 17, 2014 this Court set a briefing schedule with oral
argument set for Friday, August 15, 2014.
5. On August 8, 2014 counsel far St. John's Episcopal Church filed a motion to
continue oral argument as he was scheduled to be on vacation on the 15th� and argument was
thereafter ordered to proceed September 4, 2014.
6. On August 11, 2014, [before the Sept. 4t" date was ordered],undersigned counsel
requested counsel for St. John's, Steve Tiley, Esq. (with notice to M&T) consider entering a
stipulation to stay oral argument until such time as a conference on the objections in the related
Philadelphia matter could be held.
7. The suggestion by undersigned counsel further provided for St. John's to receive
any funds called for in M&T's petition so as not to prejudice or delay the church's expectations
on those monies and more importantly advised that the objections to the Lodge Trust would be
withdrawn if the Philadelphia conference did not result in a settlement or amicable resolution of
the pending objections there.
8. The dates on which the conference will be held in Philadelphia have been
narrowed to October 16th, though October 23`d'2014.
9. On August 28th, undersigned counsel was advised by Michael T. Foerster,
counsel for the Attorney General's office that he objects to any general continuance of the Lodge
Trust which was then joined by Counsel Tiley who had entered his appearance for St. John's in
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July. This prompted counsel for M&T to advise late on August 29`"that M&T was "constrained"
to align with the other objectors to any continuance.
10. The undersigned has contacted Co-Trustee John McCrea, III, and he has failed to
respond to all communications from undersigned counsel for the last 12 months. The remaining
Lodge Trust beneficiaries are the siblings of petitioner and have no objection to any continuance.
11. Undersigned counsel respectfully represents that in the interests of preserving
the court's time the interested parties are better served by continuing aral argument until no
sooner than October 24, 2014,.
12. Undersigned counsel respectfully suggests that with the stipulation as suggested
above there is no prejudice to St. John's Church or Trustee M&T in granting the continuance
and it better serves the Commonwealth overall that the interested parties proceed with the
Philadelphia conference as a potential amicable alternate disposition of the matters raised in the
objections.
WI�REFORE,Objector Henry Chapman,Individually and as Guardian of Alfred McCrea
Chapman respectfully requests that this Honorable Court issues an Order staying oral argument for a
date on or after October 24,2014.
Respectfu ly submitted,
. �,,,,,,,� ��/,,'„�
Rosemary R. Ferrino, Esq.
Attorney ID 46773
1501 Lower State Road Suite 205
North Wales, PA 194545-1216
(215) 283-4444
Counsel for Guardian, Henry L. Chapman
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IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS
SARAH MCCREA CHAPMAN JONES : CUMBERLAND COUNTY,PENNSYLVANIA
TRUST UNDER WILL f/b/o : ORPHANS' COURT DIVISION
CHAPMAN LODGE : NO. 21-2009-0329
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Motion to Continue Oral Argument
was served upon the foliowing parties via e-mail and/or fax:
Seth Mosebey, Esquire
10 East High Street Carlisle, PA 17013
Michael T. Forester, Esquire
Office of The Attorney General
14th Floor- Strawberry Square
Harrisburg, PA 17120
Stephen D. Tiley
5 South Hanover Street
Carlisle, Pennsylvania 17013-3307
Katherine C. Michalka
250 Loche Lloyd Parkway
Belton, MO 64042
John McCrea, III
221 Doubling Gap Road
Newville, PA 17241
Karen E. Chapman
1858 San Lorenzo Avenue
Berkley, CA 94707 �
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R y errmo, sq.
ttorney ID 46773
1501 Lower State Road Suite 205
North Wales, PA 194545-1216
(215) 283-4444
o? /� Counsel for Guardian, Henry L. Chapman
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