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Home My WebLink About09-21-07 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF LINWOOD B. PHILLIPS, JR. NO 21-06-0122 NOTICE OF TRANSMITTAL OF RECORD AND SERVICE OF LIST OF DOCUMENTS AND NOW this 21 ST day of September, 2007, notice is hereby given that the Clerk of Orphans' Court has transmitted the record on appeal to the Superior Court of Pennsylvania. Pursuant to Rule 1931 (d) of the Pennsylvania Rules of Appellate Procedure a list of the record documents is attached to this notice. c: Neil W. Yahn, Esq. Robert G. Frey, Esq. Karl E. Rominger, Esq. George B. Faller, Esq. Michael J. Collins, Esq. Hubert X. Gilroy, Esq. George F. Douglas, III, Esq. Thomas F. Flower, Esq. Q ~~~o - _ r--. -.;'.;::-i-r"1 ;jS2? / '. f',..;) 2:: -..; (/,) Pj IJ N c-) { .....~ '"-~ V 2 r:? N N -:.i5 --.--/ Cumberland County - Orphans Court Page 1 9/21/2007 12483809212007 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 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 TESTAMENTARY 2 CERTIFICATION OF NOTICE UNDER RULE 5.6(A) 3 INHERITANCE TAX PYMT PAID - 1,300,000.00 ACN - 101 RECEIPT - CD006613 POSTMARK DATED - 04/27/2006 FREY ROBERT 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 YAHN 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 Cumberland County - Orphans Court Page 2 9/21/2007 12483809212007 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 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 YARN 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 Cumberland County - Orphans Court Page 3 9/21/2007 12483809212007 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 8/22/06 8/30/06 9/13/06 9/13/06 9/14/06 10/02/06 10/12/06 10/23/06 10/23/06 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 PETITION TO SET ASIDE PRENUPTIAL AGREEMENT 30 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 31 MOTION TO STRIKE OR DEMURRER REGARDING THE PETITION OF ALICE R PHILLIPS TO SET ASIDE THE PRENUPTIAL AGREEMENT 32 PETITION FOR RELIEF CITING UNDUE INFLUENCE AND TORTIOUS INTERFERENCE WITH TESTAMENTARY EXPECTANCY 33 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 34 PRELIMINARY OBJECTIONS AND MOTION TO DISMISS FILED BY LINDA L STUFF 35 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 36 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 GRANTED. BY THE COURT, C JOSEPH REHKAMP, PJ, 41ST JUDICIAL DISTRICT SPECIALLY PRESIDING. 37 PETITION FOR STATUS CONFERENCE Cumberland County - Orphans Court Page 4 9/21/2007 12483809212007 ORC621 Case No 2006-00122 10/23/06 10/24/06 10/24/06 11/06/06 11/13/06 11/16/06 11/16/06 38 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. 39 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. 40 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. 41 PRELIMINARY OBJECTIONS AND MOTION TO DISMISS 42 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 43 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) 44 (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 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) Cumberland County - Orphans Court Page 5 9/21/2007 12483809212007 ORC621 Case No 2006-00122 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 2/01/07 2/05/07 45 (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 46 CORRESPONDENCE REVENUE 11-14-06 47 TRANSCRIPT OF PRECEEDINGS CONFERENCE ON 11/14/06 IN PERRY COUTY COURTHOUSE BEFORE C JOSEPH REHKAMP PJ 48 MOTION TO STRIKE 49 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 50 MOTION TO COMPEL DEPOSITION 51 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 52 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 53 RESPONDENTS REPLY TO PETITIONERS MOTION TO STRIKE 54 EMERGENCY REQUEST TO STAY DEPOSITION BY DEPONENT KARL E ROMINGER ESQ 55 CONSENT ORDER UNSIGNED 56 ORDER DATED 02/02/07 IN RE EMERGENCY REQUEST TO STAY DEPOSITION BY Cumberland County - Orphans Court Page 6 9/21/2007 12483809212007 ORC621 Case No 2006-00122 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 2/05/07 2/05/07 2/05/07 2/14/07 57 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) 58 (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 59 (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 60 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 3/12/07 61 NOTICE OF APPEAL JAA 3/15/07 62 NOTICE OF APPEAL SENT UPS TO SUPERIOR COURT ON 03/15/07 3/19/07 JAA 63 ORDER DATED 03/15/07 IN RE STATEMENT OF MATTERS COMPLAINED OF AN APPEAL HAVING BEEN FILED WITH THE SUPERIOR COURT IT IS HEREBY ORDERED AND DIRECTED THAT THE APPELLANT FILE A CONCISE STATEMENT OF MATTERS COMPLAINED OF WITH RESPECT TO THE APPEAL TO SUPERIOR COURT FILED IN THIS MATTER AND A STATEMENT IDENTIFYING ANY TRANSCRIPT WHICH SHALL INCLUDE THE HEARING DATES WHICH MAY BE NECESSARY FOR APPELLATE PURPOSES BEFORE THIS COURT FILES IT FINAL MEMORANDUM IN THIS CASE A COPY OF SAID STATEMENT SHALL BE FORWARDED TO THE COURT AMDMINISTRATOR BY THE COURT C JOSEPH REHKAMP PJ JAA Cumberland County - Orphans Court Page 7 9/21/2007 12483809212007 ORC621 Case No 2006-00122 3/20/07 64 PRAECIPE FOR ORAL ARGUMENT 3/21/07 3/28/07 4/17/07 65 SUPERIOR COURT APPEAL DOCKET SHEET DOCKET NO 463 MDA 2007 RECORD DUE 04/23/07 WSZ 66 CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL JAA 67 ORDER DATED 04/16/07 ORAL ARGUMENT IN THE ABOVE MATTER IS SCHEDULED FOR TUESDAY 06/19/07 AT 8:30 AM IN COURTROOM 2 PERRY COUNTY COURTHOUSE NEW BLOOMFIELD PA BY THE COURT C JOSEPH REHKAMP PJ WSZ 5/03/07 68 INHERITANCE TAX RETURN WSZ 6/22/07 8/20/07 9/19/07 9/20/07 9/21/07 69 MEMORANDUM THIS COURT ENTERTAINED ORAL ARGUMENT ON PRELIMINARY OBJECTIONS FILED IN THE NATURE OF A DEMURRER ON JUNE 19 2007 AFTER CONFERENCE WITH COUNSEL IN CHAMBERS THIS COURT WILL SIGN AN AGREED ORDER SO THAT THE PRIMARY ISSUE IN THIS CASE OF THE APPLICABILITY OF THE DEAD MANS ACT TO THE FACTS OF THIS CASE CAN BE RESOLVED IN AN EXPEDITIOUS MANNER BY THE COURT C JOSEPH REHKAMP PJ 41 ST JUDICIAL DISTRICT SPECIALLY PRESIDING JAA 70 REV 1547 NOTICE INH TAX APPRAISEMENT ACN 101 CREDIT $115521.00 CAJ 71 TRANSCRIPT OF PROCEEDINGS CONTEMPT DATED 02/07/07 AJW 72 FINAL MEMORANDUM AJW 73 NOTICE OF TRANSMITTAL OF RECORD AND SERVICE OF LIST OF RECORDS COPIES MAILED VIA USPS ON 09/21/07 AJW In Re: ESTATE OF LINWOOD B PHILLIPS, JR ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-06-0122 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 09/21/07 JUDGE'S INITIALS: GFS TIME STAMP DATE: 09/21/07 IN RE: NOTICE OF TRANSMITTAL OF RECORD ~ ".. .. '\ .. '\ '\ .. .... .. .. .. .. .. .. .. .. '\ .. ... '\ .. .. ... .. " .. .. '\ .. .. .. .. .. .. '\ '\ .. .. .. .. .. ... .... .. '\ .. .. ... '\ .. ... .. .. .. .. '\ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. '\ .. .. '\ '\ .. .. '\ .. .. .. .. '\ .. .. '\ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. '\ SERVICE TO: NEIL W Y AHN ESO GEORGE B FALLER ESO GOERGE F DOULGAS ESO METHOD OF MAILING: ROBERT G FREY ESO MICHAEL J COLLINS ESO THOMAS F FLOWER ESO ENVELOPES PROVIDED BY: KARL E ROMINGER ESO HUBERT X GILROY ESO !:8J USPS DRRR D HAND DELIVERED DOTHER_ D PETITIONER D JUDGE !:8J CLERK OF ORPHANS COURT MAILED: 09/21/07 """"""""""""""""""""""""""""""""""""""""""""""""""..""..,....,,''II'''''''''''' SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: D USPS DRRR D HAND DELIVERED DOTHER_ D PETITIONER D mDGE D CLERK OF ORPHANS COURT MAILED: