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Home My WebLink About06-01-04 (2) INRE: ESTATE OF LOY T. HEMPT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A ORPHAN'S COURT DIVISION NO. 21-77-231 KALBACH OBJECTORS' REPLY IN OPPOSITION TO MOTION FOR NON-SUIT REGARDING REMOVAL OF TRUSTEE AND NOW, come the Kalbach Objectors, by and through their attorneys, METTE, EV ANS & WOODSIDE and hereby file the following Reply in Opposition to Motion for Non- Suit Regarding Removal of Trustee: A. Kalbach Objectors hereby reference and incorporate herein their Proposed Findings of Fact, Conclusions of Law, Brief, Reply Brief, and Reply in Opposition to Motion for Directed Verdict Regarding Division of the Trust, all of which demonstrate the need to remove Gerald Hempt as Trustee. B. In further response thereto, separate and apart from his undisputed self-dealing course of conduct, Gerald Hempt's multiple roles as Trust beneficiary, guardian and intestate heir of Jean Hempt, and shareholder, officer and director of Hempt Brothers, Inc., Valley Land Company and.C.A. Hempt Estate, Inc., are conflicts of interest requiring removal. His antipathy toward Robert H. Kalbach, Sr. simply underscores the need for removal. Even more compelling, however, Gerald Hempt has unapologetically practiced an undisputed course of conduct as Trustee in flagrant disregard for his fiduciary duties to Trust beneficiaries, conduct which demonstrates that his sole intention in dealing with Trust assets in the division of the Trust is to benefit himself and achieve his personal goals with respect to ultimate ownership of the Trust assets. WHEREFORE, the Motion for Non-Suit must be denied. Respectfully submitted, METTE, EVANS & WOODSIDE By: ~1-~ Howell C. Mette, Esquire Sup. Ct. J.D. No. 7217 Daniel L. Sullivan, Esquire Sup. Ct. J.D. No. 34548 Vicky Ann Trimmer, Esquire Sup. Ct. J.D. No. 49679 3401 North Front Street P. O. Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Kalbach Objectors DATED: ~ \ ,"Z 0'0 '-1 . CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Ivo V. Otto III Esquire MARTS ON, DEARDORF, WILLIAMS & OTTO 10 East High Street Carlisle, P A 17013 Donald Kaufman, Esquire McNEES, WALLACE & NURlCK 100 Pine Street P.O. Box 1166 Harrisburg, P A 17108-1166 Joel Zullinger Esquire ZULLINGER & DAVIS 14 North Main Street Suite 200 Chambersburg, P A 17201 Respectfully submitted, METTE, EVANS & WOODSIDE By: ~1-~ Howell C. Mette, Esquire Sup. Ct. J.D. No. 7217 Daniel L. Sullivan, Esquire Sup. Ct. J.D. No. 34548 Vicky Ann Trimmer, Esquire Sup. Ct. J.D. No. 49679 3401 North Front Street P. O. Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax DATED:~, 2.00Y \ Attorneys for Kalbach Objectors 399188vl