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Home My WebLink About03-12-07 .. ESTATE OF LINWOOD B. PHILLIPS, JR. ALlCER. PHILLIPS IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 21-06-0122 . . ROBERT G. FREY NOnQ OF APPEAL NOTICE IS HEREBY given that Karl E. Rominger, hereby appeals to the Superior Court of Pennsylvania from the Order of Contempt entered on February 8, 2007, in the above-captioned Orphans' Court matter. This Order of Contempt has been entered in the docket as evidence by the attached copy of the docket entry. Date: March 12, 2007 Respectfully submitted, Rominger & Associates r- E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #81924 Attorney for Appellant o :::;Q ~ -: .............; , ;J . ;:;~~~ ~~ ~g - .....-"'.". ..' l:~" ':~) C~) " _~.~. ~-:~~i .'1' I ..J -i ,.~} = = -..l - ~.. -.'~ So r0 -0 (..) w -, "{ I-or; : ~:~ >-5 , :' ~~.-J , ~; . 1 I..-.,J J ' ~-' ~~j ESTATE OF LINWOOD B. PBaLIPS, JR. ALICE R. PBaLIPS . . IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 21-06-0122 ROBERT G. FREY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Appellant, do hereby certify that a true and correct copy of the within Notice Of AppeoJ was served upon the following individuals on the below date, by placing same in the United States Mail, first-class postage prepaid, addressed as follows: The Honorable C. Joseph Rehkamp Cneter Square New Bloomfield, Pennsylvania 17068 Clerk of Orphan's Court One Courthouse Square Carlisle, Pennsylvania 17013 Neil W. Yahn, Esquire JAMES, SMITH, DIEITERICK & CONNELLY LLP P.O. Box 650 Hershey, Pennsylvania 17033 Robert G. Frey, Esquire FREY & TILEY 5 South Hanover Street Carlisle, Pennsylvania 17013 George B. Faller, Jr., Esquire MARTSON, DEARDORFF, WILLIAMS OTTO, FAlLER & GILROY Ten East High Street Carlisle, Pennsylvania 17013 Michael J. Collins, Esquire MARTSON, DEARDORFF, WILLIAMS OTTO, FAlLER & GILROY Ten East High Street Carlisle, Pennsylvania 17013 Hubert X. Gilroy, Esquire MARTSON, DEARDORFF, WILLIAMS OTTO, FALLER & GILROY Ten East High Street Carlisle, Pennsylvania 17013 George F. Douglas, m, Esquire SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, Pennsylvania 17013 Thomas E. Flower, Esquire SAIDIS, FLOWER & LINDSAY 2109 Macket Street Camp Hill, Pennsylvania 17011 Official Court Reporter Center Square New Bloomfield, Pennsylvania 17068 Date: March 12, 2007 Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Court Administrator Peny County Courthouse Center Square New Bloomfield, Pennsylvania 17068 Respectfully submitted, Rominger & Associates /-" Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ill #81924 Attorney for Appellant I! ! . ?{lu~\:> FEB 11 ZO07y{\ \(j \. ESTATE OF LINWOOD B. PHILLIPS, JR. :IN THE COURT OF COMMON PLEAS :OF PENNSYLVANIA - :CUMBERLAND COUNTY BRANCH ALICE R. PHILLIPS V. ROBERT G. FREY :NO. 21-06-0122 ORDER AND NOW, February 8, 2007, after hearing, this Court finds Karl Rominger in Contempt for failure to give his deposition as he was Ordered to do on two separate occasions. A fine in the amount of $500.00 is hereby ORDERED in addition to counsel fees for a total amount of $5,662.83, as per Response Exhibit 1 attached hereto. Said Karl Rominger has sixty (60) days from this date within which to make arrangements to payoff said fine and costs. BY THE COURT, I cc: Neil W. Yahn, Esquire ......'f{obert G. Frey, Esquire Karl E. Rominger, Esquire George B. Faller, Jr., Esquire Michael J. Collins, Esquire Hubert X. Gilroy, Esquire George F. Douglas, III, Esquire Thomas F. Flower, Esquire Court Administrator of Cumberland County Court Administrator of Perry County File (~.) , ,-, --';"'-.." -.-"'! c:~ -...~ "", 1.._--' ,...,-, c;:, c.""') 09534403122007 ORC621 Case No 2006-00122 Case Name: Filed 2/08/06 2/13/06 4/27/06 5/11/06 5/26/06 6/01/06 6/05/06 6/05/06 6/05/06 6/05/06 6/06/06 6/13/06 Cumberland County - Orphans Court Page 1 3/12/2007 PHILLIPS LINWOOD B JR Docket Entries Age 1 PETITION FOR PROBATE AND GRANT OF LETTERS TESTAMENTARY OATH OF PERSONAL REPRESENTATIVE OATH OF SUBSCRIBING WITNESS (2) DEATH CERTIFICATE FIRST CODICIL OATH OF SUBSCRIBING WITNESS (2) SECOND CODICIL OATH OF SUBSCRIBING WITNESS (2) DEATH CERTIFICATE DECREE OF PROBATE AND GRANT OF LETTERS -l _l> , ::l~ 0.- ur 0 -l :D ;2 1-- i' II C o sv_.3=m ~ ',/ 0.<< 3 0 TESTAMENTARY 0 Sl c, i ~ i ~ ~ c \Sl:l.!.~ 2 CERTIFICATION OF NOTICE UNDER RULE 5.6 (A) iI' ~,"..)\~, Rill, ~ .. );~' f-i: 3 INHERITANCE TAX PYMT 5. 1,=:' ~ :II PAID - 1,300,000.00 ACN - 101 RECEIPT - CD006613 Q.i~ r',' I\),.:!I_' mg POSTMARK DATED - 04/27/2006 ~ o_! FREY ROBERT G i::\ I~ g. ~ 4 PETITION FOR RELIEF 5 ORDER OF COURT DATED 5-25-06 THE HONORABLE C JOSEPH REHKAMP OF THE 41ST DISTRICT IS HEREBY APPOINTED TO PRESIDE OVER THE ABOVE CAPTIONED MATTER BY THE COURT EDGAR B BAYLEY-PJ 6 NOTICE TO PLEAD AND SHOW CAUSE DATED 5/26/06 IN RE: PETITION FOR RELIEF. A CITATION IS HEREBY ENTERED AGAINST THE RESPONDENT, ROBER G FREY, TO PLEAD AND SHOW CAUSE AS TO WHY THE REQUESTED RELIEF SHOULD NOT BE GRANTED. RULE RETURNABLE IN WRITING TWENTY (20) DAYS FROM THE DATE OF SERVICE. BY THE COURT, C JOSEPH REHKAMP,J. 41 ST JUDICIAL DISTRICT 7 RETURN RECEIPT TO ROBERT G FREY RECEIVED ON 06/02/06 8 RETURN RECEIPT TO NEIL WARNER YARN RECEIVED ON 06/02/06 9 MOTION FOR EMERGENCY RELIEF 10 ORDER DATED 6/1/06 IN RE: MOTION FOR EMERGENCY RELIEF. JOINT STIPULATION IS HEREBY ENTERED AS AN ORDER OF COURT. BY THE COURT REHKAMP J. (NO STIPULATION ATTACHED) 11 JOINT STIPULATION 12 MOTION FOR EMERGENCY RELIEF 09534403122007 ORC621 Case No 2006-00122 6/14/06 6/14/06 6/16/06 6/16/06 6/20/06 6/20/06 6/20/06 6/22/06 6/22/06 7/11/06 Cumberland County - Orphans Court Page 2 3/12/2007 13 PRAECIPE FOR ENTRY OF APPEARANCE BY HUBERT X GILROY ESQ ON BEHALF OF LINDA L STULL 14 RESPONDENT'S ANSWER WITH NEW MATTER TO PETITION FOR RELIEF 15 ORDER AND DECREE DATED 06-14-06 IN RE: MOTION FOR EMERGENCY RELIEF. THE FOLLOWING IS HEREBY ORDERED: THE PETITIONER SHALL NOT ENTER ANY PROPERTY OTHER THAN THE HOMESTEAD OUTSIDE THE NATURAL BOUNDARY OF THE RESIDENCE AS PREVIOUSLY AGREED WITH THE EXECUTOR, HOWEVER THE SECURITY PERSONNEL ARE PERMITTED IF THEY REASONABLY BELIEVE THAT UNAUTORIZED PERSONS MAY BE ON OTHER PORTIONS OF THE PROPERTY; THE DECEDENT'S CHILDREN MAY NOT ACCESS THE PROPERTY EXCEPT IN THE NEUTRAL ZONE FOR EGRESS AND INGRESS PURPOSES; THE DECEDENT'S GRANDCHILDREN MAY NOT ACCESS THE PROPERTY EXCEPT IN THE PRESENCE OF THE DECEDENT'S CHILDREN; 16 CONTINUED FROM PEVIOUS ENTRY THE PARTIES ARE PROHIBITTED FROM ANY FORM OF COMMUNICATION; AND THE PARTIES ARE PROHIBITTED FROM USING ANY OPTICAL SURVEILLANCE DEVICES (COVERT OR NOT). BY THE COURT REHKAMP J 17 RETURN RECEIPT TO ROBERT G FREY ESQ-- RECEIVED ON 06-19-06 18 RETURN RECEIPT TO HUBERT X GILROY ESQ-- RECEIVED ON 06-19-06 19 RETURN RECEIPT TO GEORGE B FALLER JR ESQ-- RECEIVED ON 06-19-06 20 RETURN RECEIPT TO NEIL W YAHN ESQ-- RECEIVED ON 06-20-06 21 ELECTION AGAINST WILL AND CONVEYANCE SIGNED BY ALICE R PHILLIPS 22 EXECUTORS PETITION TO VACATE SPOUSE'S ELECTION TO TAKE AGAINST THE WILL 7/14/06 23 PRAECIPE OF APPEARANCE OF HUBERT X GILROY ESQ AS ATTORNEY FOR LINWOOD B PHILLIPS III 7/17/06 24 ORDER DATED 06/28/06 IN RE A HEARING ON THE PETITION TO REMOVE EXECUTOR IS HEREBY SCHEDULED FOR 07/27/06 AT 1:30 PM IN COURTROOM 1 OF THE PERRY COUNTY COURTHOUSE, NEW BLOOMFIELD, PA BY THE COURT C JOSEPH REHKAMP PJ 7/20/06 25 PETITION FOR WITHDRAWAL OF PETITION FOR RELIEF REMOVING RESPONDENT ROBERT G FREY AS EXECUTOR OF THE ESTATE OF LINWOOD B PHILLIPS JR 7/24/06 26 CITATION DATED 07-19-06 IN RE:EXECUTORS PETITION TO VACATE SPOUSES 09534403122007 ORC621 Case No 2006-00122 ELECTION TO TAKE AGAINST WILL UPON CONSIDERATION OF RESPONDENTS PETITION TO VACATE SPOUSES ELECTION TO TAKE AGAINST THE WILLL, IS RULE HEREBY ISSUED UPON THE PARTIES OF INTEREST IN THE ABOVE CAPTIONED CASE TO SHOW CAUSE IF ANY THEY HAVE WHY THE RELIEF OF RESPONDENT IN HIS PETITION SHOULD NOT BE GRANTED RULE RETURNABLE IN 20 DAYS FROM SERVICE IN WRITING BY THE COURT JUDGE REHKAMP 7/25/06 8/15/06 8/15/06 8/18/06 8/22/06 8/30/06 9/13/06 9/13/06 9/14/06 10/02/06 10/12/06 10/23/06 Cumberland County - Orphans Court Page 3 3/12/2007 27 ORDER DATED 7/19/06 IN RE PETITIONER'S PETITION FOR RELIEF REMOVING ROBERT G FREY AS EXECUTOR OF THE ESTATE OF LINWOOD B PHILLIPS JR FILED WITH THIS COURT ON MAY 11 2006 IS WITHDRAWN WITHOUT PREJUDICE BY THE COURT JUDGE REHKAMP 28 OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 29 OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 30 OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 31 PETITION TO SET ASIDE PRENUPTIAL AGREEMENT 32 NOTICE TO PLEAD AND SHOW CAUSE DATED 08/28/06 IN RE PETITION TO SET ASIDE PRENUPTIAL AGREEMENT A CITATION IS HEREBY ENTERED AGAINST THE RESPONDENT ROBERT G FREY TO PLEAD AND SHOW CAUSE AS TO WHY THE REQUESTED RELIEF SHOULD NOT BE GRANTED RULE RETURNABLE IN WRITING TWENTY DAYS FROM THE DATE OF SERVICE BY THE COURT JUDGE REHKAMP 33 MOTION TO STRIKE OR DEMURRER REGARDING THE PETITION OF ALICE R PHILLIPS TO SET ASIDE THE PRENUPTIAL AGREEMENT 34 PETITION FOR RELIEF CITING UNDUE INFLUENCE AND TORTIOUS INTERFERENCE WITH TESTAMENTARY EXPECTANCY 35 ORDER DATED 09 08 06 IN RE OBJECTIONS TO SUBPOENA TELEPHONE CONFERENCE CALL ON OBJECTIONS TO SUBPOENA IS SCHEDULED FOR FRIDAY SEPTEMBER 15 2006 AT 930 AM WITH THE JUDGES OFFICE INITIATING THE CALL TO ALL ATTORNEYS BY THE COURT C JOSEPH REHKAMP-PJ 41ST DISTRICT SPECIALLY PRESIDING 36 PRELIMINARY OBJECTIONS AND MOTION TO DISMISS FILED BY LINDA L STUFF 37 PRAECIPE FOR ENTRY OF APPEARANCE OF GEORGE F DOUGLAS III AND THOMAS E FLOWER OF SAIDIS FLOWER AND LINDSAY ON BEHALF OF RESPONDENT SUSAN R HENRY 38 ORDER DATED 9/20/06 IN RE: MOTION TO STRIKE OR DEMURRER REGARDING THE PETITION OF ALICE R PHILLIPS TO SET ASIDE THE PRENUPTIAL AGREEMENT. IT IS ORDERED THAT THE PETITIONER IS GIVE 20 DAYS FROM SERVICE TO SHOW WHY RESPONDENTS MOTION TO STRIKE SHOUD NOT BE 09534403122007 ORC621 Case No 2006-00122 GRANTED. BY THE COURT, C JOSEPH REHKAMP, PJ, 41ST JUDICIAL DISTRICT SPECIALLY PRESIDING. 10/23/06 10/23/06 10/24/06 10/24/06 11/06/06 11/13/06 11/16/06 11/16/06 Cumberland County - Orphans Court Page 4 3/12/2007 39 PETITION FOR STATUS CONFERENCE 40 ORDER DATED 10/09/06 UPON CONSIDERATION OF THE PRELIMINARY OBJECTIONS AND MOTION TO DISMISS FILED BY RESPONDENT, PETITIONER IS DIRECTED TO FILE AN ANSWER TO THE PRELIMINARY OBJECTIONS AND MOTION TO DISMISS WITHIN 20 DAYS OF THE DATE OF THIS ORDER. UPON FILING OF SAID ANSWER, ANY OF THE PARTIES MAY REQUEST THAT THE COURT SET A BRIEFING SCHEDULE OR OUTLINE ANOTHE PROCEDURE TO ADDRESS THESE PRELIMINARY OBJECTIONS AND MOTION TO DISMISS. BY THE COURT, JUDGE C JOSEPH REHKAMP, PJ. 41 RULE TO SHOW CAUSE DATED 9/20/06 UPON CONSIDERATION OF THE FOREGOING PETITION FOR RELIEF CITING UNDUE INFULENCE AND TORTIOUS INTERFERENCE WITH TESTAMENTARY EXPECTANCY, A CITATION IS HEREBY ENTERED AGAINST THE RESPONDENTS TO SHOW CAUSE AS TO WHY THE REQUESTED RELIEF SHOULD NOT BE GRANTED. RULE RETURNABLE WITHIN 20 DAYS OF SERVICE. BY THE COURT, JOSEPH C REHKAMP, PJ. 42 ORDER DATED 10/23/06 A STATUS CONFERENCE IS HEREBY SCHEDULED FOR 11/14/06 @11:30AM IN CRl OF THE PERRY COUNTY COURTHOUSE, NEW BLOOMFIELD, PA. BY THE COURT, JOSEPH C REHKAMP, PJ. 43 PRELIMINARY OBJECTIONS AND MOTION TO DISMISS 44 ORDER DATED 11 08 06 IN RE PRELIMINARY OBJECTIONS AND MOTION TO DISMISS UPON CONSIDERATION OF THE PRELIMINARY OBJECTIONS AND MOTION TO DISMISS FILED BY THE ESTATE OF LINWOOD B PHILLIPS JR PETITIONER ALICE R PHILLIPS IS DIRECTED TO FILE AN ANSWER TO THE PRELIMINARY OBJECTIONS AND MOTION TO DISMISS WITHIN TWENTY DAYS OF THE DATE OF THIS ORDER UPON FILING THE ANSEWR AN OF THE PARTIES MAY REQUEST THAT THE COURT SET A BRIEFING SCHEDULE OR OUTLINE ANOTHER PROCEDURE TO ADDRESS THESE PRELIMINARY OBJECTIONS AND MOTION TO DISMISS BY THE COURT JOSEPH C REHKAMP JUDGE 45 CONFERENCE MEMORANDUM STATUS CONFERENCE WAS HELD BEFORE THE UNDERSIGNED JUDGE WITH COUNSEL OF RECORD ON 11-14-06 IT WAS AGREED THAT PETITIONER WOULD FILE A REPLY TO THE POS BY MONDAY 11-20-06 IF NEW MATTER IS ALLEGED RESPONDENTS WOULD HAVE TWENTY DAYS TO FILE THEIR WRITTEN REPLY BRIEFING SCHEDULE WOULD BE A DEADLINE OF 2-1-07 FOR THE HEIRS OF THE ESTATE TO SUBMIT THEIR BRIEFS ON THE POS AND PETITIONERS WOULD HAVE UNTIL 3-1-07 TO FILE A REPLY BRIEF ARGUMENT CONFERENCE ON THE RECORD IS HEREBY SCHEDULED FOR 3-9-07 AT 9 AM TO BE HELD IN COURTROOM NO 2 OF THE PERRRY COUNTY COURTHOUSE NEW BLOOMFIELD PENNSYLVANIA (CONT BELOW) 46 (CONT FROM ABOVE) PETITIONER HAS ELECTED TO WITHDRAW THE UNDUE INFLUENCE AND TORTIOUS INFLUENCE CLAIMS AT THIS TIME SO THAT THE SOLE ISSUE TO THE BRIED AND ARGUMENT WOULD BE THE DEAD MANS RULE DEPENDING ON THIS COURTS RULING AN APPEAL MAY BE FILED TO AN APPELLATE COURT BEFORE HEARING COULD BE SCHEDULED IN THIS MATTER 09534403122007 ORC621 Case No 2006-00122 ADDITIONALLY IT WAS SUGGESTED THAT ALL OF THE HEIRS OF THE ESTATE INCLUDING THE REMAINDERMEN SHOULD BE SERVED WITH THE APPROPRIATE PLEADINGS AND PETITIONERS COUNSEL HAS INDICATED THAT HE WILL ACCOMPLISH THAT IN THE NEAR FUTURE IN ORDER TO FACILITATE SERVIE OF ALL PLEADINGS AND BRIEFS (CONT BELOW) 11/16/06 11/20/06 12/11/06 12/21/06 1/03/07 1/09/07 1/12/07 1/18/07 1/25/07 2/01/07 Cumberland County - Orphans Court Page 5 3/12/2007 47 (CONT FROM ABOVE) UPON THE UNDERSIGNED JUDGE IT IS SUGGESTED THAT COUNSEL FAX ALL DOCUMENTS TO'THE JUDGE DIRECTLY THE HEARING FOR NOVEMBER 21 2006 IS HEREBY CANCELLED BY THE COURT C JOSEPH REHKAMP PJ 41ST JUDICIAL DISTRICT SPECIALLY PRESIDING ' 48 CORRESPONDENCE REVENUE 11-14-06 49 TRANSCRIPT OF PRECEEDINGS CONFERENCE ON 11/14/06 IN PERRY COUTY COURTHOUSE BEFORE C JOSEPH REHKAMP PJ 50 MOTION TO STRIKE 51 ORDER DATED 12/28/06 IN RE MOTION TO STRIKE IT IS HEREBY OREDERED THAT THE MOTION TO STRIKE OR EMURRER REGARDING THE PTITION OF ALICE R PHILLIPS TO SET ASIDE THE PRENUPTIAL AGREEMENT ARE HEREBY STRICKEN RULE ISSUED TO SHOW CAUSE WHY RELIEF SHOULD NOT BE GRANTED RULE RETURNABLE IN WRITING 20 DAYS OF SERVICE C JOSEPH REHKEMP SP 52 MOTION TO COMPEL DEPOSITION 53 ORDER DATED 01/09/07 IN RE PETITIONERS MOTION TO COMPEL DEPOSITION TOGETHER WITH ANY RESPONSE AND PAPERS RELATING THERETO THE MOTION IS GRANTED IT IS ORDERED THAT RESPONDENT 1 APPEAR AT DEPOSITION SCHEDULED AT A MUTUALLY CONVENIENT DATE AND TIME FOR ALL PARTIES WITHIN 20 DAYS OF THE DATE OF THIS ORDER OR 2 FILE A MOTION FOR A HEARING ON THIS MOTION WITHIN 10 DAYS OF SERVICE OF SAID ORDER 3 FAILURE TO APPEAR AT THE SCHEDULED DEPOSITION OR IN THE ALTERNAATIVE FILE A MOTION TO SHOW CAUSE WHY THE DEPOSITION SHOULD NOT BE HELD SHALL CAUSE RESPONDENT TO SUFFER APPROPRIATE SANCTIONS UPON PROPER APPLICATION TO THE COURT BY THE COURT J WESLEY OLER JR 54 ORDER DATED 01/12/06 IN RE MOTION TO COMPEL THE MOTION IS GRANTED IT IS ORDERED THAT RESPONDENT APPEAR AT DEPOSITION SCHEDULED AT A MUTUALLY CONVENIENT DATE AND TIME FOR ALL PARTIES WITHIN 20 DAYS OF THE DATED OF THIS ORDER OR FILE A MOTION FOR A HEARING ON THIS MOTION WITHIN 10 DAYS OF SERVICE OF SAID ORDER FAILURE TO APPEAR AT THE SCHEDULED DEPOSITION OR IN THE ALTERNATIVE FILE A MOTION TO SHOW CAUSE WHY THE DEPOSITION SHOULD NOT BE HELD SHALL CAUSE THE RESPONDENT TO SUFFER APPROPRIATE SANCTIONS UPON PROPER APPLICATION TO THE COURT BY THE COURT C JOSEPH REHKAMP JUDGE 55 RESPONDENTS REPLY TO PETITIONERS MOTION TO STRIKE 56 EMERGENCY REQUEST TO STAY DEPOSITION BY DEPONENT KARL E ROMINGER . Cumberland County - Orphans Court Page 6 3/12/2007 09534403122007 ORC621 Case No 2006-00122 ESQ 2/01/07 2/06/07 2/05/07 2/05/07 2/05/07 2/14/07 57 CONSENT ORDER UNSIGNED 58 ORDER DATED 02/02/07 IN RE EMERGENCY REQUEST TO STAY DEPOSITION BY DEPONENT KARL E ROMINGER ESQ THE COURT HEREBY SCHEDULES A CONTEMPT HEARING FOR 2/7/07 AT 11 AM IN THE PERRY COUNTY COURTHOUSE COURTROOM NO 1 ALL PARTIES AND COUNSEL ARE ATTACHED FOR SAID HEARING BY THE COURT C JOSEPH REHKAMP PJ 59 CONSENT ORDER SIGNED AND NOW THIS 2ND DAY OF FEBRUARY 2007 UPON AGREEMENT OF COUNSEL IS IS HEREBY ORDERED AND DECREED AS FOLLOWS 1 THE MOTION OF ALICE R PHILLILPS 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 OF THE DATE OF THIS ORDER FILE WITH THE PROTHONOTARY WITH A COPY DIRECTLY TO THE UNDERSIGNED(CONT BELOW) 60 (CONT FROM ABOVE) A BRIEF IN SUPPORT OF HIS MOTION TO STRIKE OR DEMURER 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 OF BRIEFING EITHER PARTY MAY REQUEST THE COURT TO SCHEDULE ORAL ARGUMENT ON THE PRELIMINARY OBJECTIONS IS DESIRED 4 ALL ISSUES ARGUMENTS AND MATTTERS RAISED IN THE RESPECTIVE MOTIONS TO STRIKE ARE PRESERVED FOR THE COURTS REVIEW TO THE EXTENT RAISED IN THE BRIEFS FOR THE COURTS CONSIDERATION IN RULING UPON THE PRELIMINARY OBJECTIONS 5 THE BRIEFING SCHEDULE AND ARGUMENT 61 (CONT FROM ABOVE) CONFERENCE ESTABLISHED IN THE COURTS CONFERENCE MEMORANDUM DATED 11/14/06 ARE VACATED BY THE COURT C JOSEPH REHKAMP PJ IN PERRY COUNTY 62 ORDER DATED 02/08/07 IN RE AFTER HEARING THIS COURT FINDS KARL ROMINGER IN CONTEMPT FOR FAILURE TO GIVE HIS DEPOSITION AS HE WAS ORDERED TO DO ON TWO SEPERATE OCCASIONS A FINE IN THE AMOUNT OF $500.00 IS HEREBY ORDERED IN ADDITION TO COUNSEL FEES FOR A TOTAL AMOUNT OF $5662.83 AS PER RESPONSE EXHIBIT 1 ATTACHED HERETO SAID KARL ROMINGER HAS SIXTY (60) DAYS FROM THIS DATE WITHIN WHICH TO MAKE ARRANGEMENTS TO PAY OFF SAID FINE AND COSTS BY THE COURT C JOSEPH REHKAMP PJ In Re: LINWOOD B PHILLIPS JR ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA NO. 21-06-0122 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: NOTICE OF APPEAL 03-12-07 JUDGE'S INITIALS: N/A TIME STAMP DATE: 03-12-07 IN RE: NOTICE OF APPEAL """"""""""""""""""""""""""""""""""""""""""""""""""""""""""","'" SERVICE TO: SUPERIOR COURT METHOD OF MAILING: ENVELOPES PROVIDED BY: C8J USPS ORRR o HAND DELIVERED o OTHER_ o PETITIONER o JUDGE C8J CLERK OF ORPHANS COURT MAILED: 03-14-07 """"""""""""""""""""""""""""""""""""""""""""""""""""""""',"""'," SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: o USPS ORRR o HAND DELIVERED o OTHER_ o PETITIONER o JUDGE o CLERK OF ORPHANS COURT MAILED: ~~ Duty Cl k of Orphans' Court