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F:IFILESIDA T AFILEIGcnerallCurrentl 1 1145.2.replytomotiontodismiss
Created: 9120104 0:06PM
Revised: 1/25/07 2:29PM
George B. Faller, Jr., Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTS ON LAW OFFICES
LD. No. 49813
Michael J. Collins, Esquire
LD. No. 200427
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Estate of Linwood B. Phillips, Jr.
INRE:
ESTATE OF LINWOOD B. PHILLIPS, JR.,:
Deceased
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DNISION
RESPONDENT'S REPLY TO
PETITIONER'S MOTION TO STRIKE
AND NOW, comes the Estate of Linwood B. Phillips, Jr., (hereinafter "The Estate"), by
and through their counsel, MARTSON DEARDORFF WILLIAMS OTTO GILROY &
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FALLER, and hereby responds to Alice R. Phillips' (hereinafter "Petitioner") M@8to Stria as
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1. Admitted. ~ (;; ~ CJ1
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2. Admitted. .6-2'T1 ::;:
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3. Admitted. =~ .r:-
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4. Paragraph 4 is a conclusion or interpretation of the law and is thus denied.
5. Paragraph 5 is a conclusion or interpretation of the law and is thus denied. By way
of further answer, Rule 206.4(b) of the Pennsylvania Rules of Civil Procedure speaks for itself.
6. Paragraph 6 is a conclusion or interpretation of the law and is thus denied.
7. It is denied that the Estate does not plead with specificity its bases for Preliminary
Objections. The balance of the allegations contained in Paragraph 6 are conclusions or
interpretations of the law and are thus denied.
8. Paragraph 8 is a conclusion or interpretation of the law and is thus denied.
9. Paragraph 9 is a conclusion or interpretation of the law and is thus denied.
10. Paragraph 10 is a conclusion or interpretation of the law and is thus denied.
11. Paragraph 11 is a conclusion or interpretation of the law and is thus denied.
12. Paragraph 12 is a conclusion or interpretation of the law and is thus denied.
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13. Admitted that there is no factual dispute with respect to the instant Motion. The
dispute is purely a legal one and can properly be resolved in Argument.
WHEREFORE, the Estate, requests that this Honorable Court dismiss Petitioner's Motion
to Strike and permit argument on the Estate's Preliminary Objections.
MARTS ON LAW OFFICES
By ~
George B. Faller, Jr., Esquire
I.D. No. 49813
Michael J. Collins, Esquire
I.D. No. 200427
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Date: January 25,2007
Attorneys for Estate of Linwood B. Phillips, Jr.
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CERTIFICATE OF SERVICE
I, Tricia D. Eckemoad, an authorized agent of MARTSON LAW OFFICES hereby certify
that a copy of the foregoiug Reply to Motion to Strike was served this date by depositing same in the
Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Neil Warner Yahn, Esquire
JAMES, SMITH, DIETTRICK & CONNELLY, LLP
P.O. Box 650
Hershey, P A 17033
Hubert X. Gilroy, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
10 East High Street
Carlisle, P A 17013
MARTS ON LAW OFFICES
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Tricia D. Eckenroad
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: January 25,2007