HomeMy WebLinkAbout02-01-07 (2)
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INRE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY~ PENNSYLVANIA
EST ATE OF LINWOOD B. PHllLLPSI JR. :
DECEASED
ALICE R. PHILLIPS,
ORPHANS' COURT DIVISION
Petitioner
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No. 21.06~0122
ROBERT G. FREY,
Respondent
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CONSENT ORDER
AND NOW, this
. day of February, 2007, upon agreement of
counsel~ it is hereby ORDERED and DECREED as follows:
1. The Motion of Alice R. Phillips to strike the Motion to Strike or Demurrer
of Robert G. Frey, and the Motion of Robert G. Frey to strike the Motion to Strike of Alice R.
Phillips, are marked withdrawn without prejudice.
2. The Petition for Relief Citing Undue Influence and Tortious Interference
with Testamentary Expectancy is marked withdrawn without prejudice.
3. The Respondent, Robert G. Frey shall, within 30 days ofthe date of this
Order, file with the Prothonotary, with a copy directly to the undersigned~ a brief in support of
his "Motion to Strike or Demurrer Regarding the Petition to Alice R. Phillips to Set Aside The
Prenuptial Agreement," and Alice R. Phillips shall file her reply brief in the same manner within
30 days thereafter. After completion ofbrienng, either party may request the Court to schedule
oral argument on the preliminary objections, if desired.
4. All issues, arguments and matters raised in the respective motions to strike
are preserved for the Court~s review to the extent raised in the briefs for the Court's
consideration in mling upon the preliminary objections.
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5. The briefing schedule and argument conference established in the Court's
Conference Memorandum dated November 14, 2006 are vacated.
George B. Fa! Jr., Esquire
The Manson Law Offices
Ten East High Street
Carlisle. P A 17013
Attorney for Attorney for Estate of Linwood B. Phillips, lIT
BY THE COURT:
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