HomeMy WebLinkAbout10-28-0810'24i'2008 11:41 ?17-243-1250 Iy1ARTSON LAW OFFICES PAGE 02,''x8
George B. Faller, Jr., Esquire
LD. No. 49813
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
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Attorneys for Robert G. Frey, Executor of the Estate of Linwood B. Phillips, Jr.
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IN RE: : IN THE COURT OF COMMON~LEAS Old':'
ESTATE OF LINWOOD B. PHILLIPS, JR.,: CUMBERLAND COUNTY, PENNSY'LV~dIA
NO. 21-06-0122
ORPHANS' COURT DIVISION
ORDER
AND NOW, this ~~ day of ~~~ , 2ppg, the verified petition of Robert G.
Frey, the Executor of the Estate of Linwood B. Phillips, Jr., deceased, having been filed,
requesting an order authorizing petitioner to compromise a certain claim against the estate; and
It appearing to the satisfaction of the court that notice of the hearing thereon has been
given as required by law; and
It further appearing after a hearing in this matter that the proposed compromise is just and
fair and in the best interest of the estate and the heirs; IT IS THEREFORE ORDERED,
ADJUDGED, AND DECREED that pursuant to 20 Pa.C.S. § 3323, Robert G. Frey, l::xecutor of
the Estate of Linwood B. Phillips, Jr., is authorized to compromise such claim by distributing to
Alice R. Phillips the sum of $4,000,000.00, in full satisfaction of the claim, as specifically set
forth below:
1. $200,000.00 within five (5) days of the date of this Order;
2. $3,800,000.00 in final distribution to be paid upon the expiration of thirty-five
(35) days from the date of this Order or the date Alice R. Phillips vacates the
Marital Residence, whichever last occurs;
3. Within five (5) days of the date of this Order, the parties and their counsel shall
meet at the property located at 93 Encks Mill Road, Carlisle, Pennsylvania, and
identify the personal property to be removed by Alice R. Phillips. In the event
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items to be removed are in dispute, the Court shall retain jurisdiction in the matter
to resolve any disputes and provided further that until said inspection, Alice R.
Phillips may not remove any personal tangible property;
Alice releases her rights, interests and claims with respect to any assets of the Estate
of Linwood B. Phillips, Jr., under. the decedent's testamentary documents probated
in the Cumberland County Orphans' Court including but not limited to hoer life estate
in various assets as further described therein; provided however, Alice retains her
right to continue to reside at the Marital Residence until payment in fullf of the final
distribution as provided in paragraph two above;
5. The Estate shalt retain ang~ a.*~d all cemeten-y plots located at Cumberland Valley
Memorial Gardens and to the extent necessary Alice R. Phillips will sign or
release any claims to such plots or execute any deeds which maybe necessary;
6. All claims of Alice R. Phillips, individually, against Karl Rominger, Esquire, are
hereby preserved and retained by her;
7. This Order, authorizing Executor Frey to distribute the aforementioned amounts,
constitutes an "order making distribution," and is immediately appeasable under
Pa.R.A.P. 342; and,
8. Notice of this Order shall be given to the following:
SurvivingSpouse
Alice R. Phillips
c/o Neil W. Yahn, Esquire
JAMES, SMITH, DIETTRICK &
CONNELLY, LLP
P_O. Box 650
Hershey, PA 17033
Son
Linwood B. Phillips, III
c/o Hubert X. Gilroy, Esquire
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
Dauuhter
Linda L. Stull
c/o Hubert X. Gilroy, Esquire
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
Son
Merle R. Phillips
938 Rockledge Drive
Carlisle, PA 17013
1Ft;':;4i'~'00c 11:1 r1'-24~-1°50 P~1AFcTSON LAW OFFICES PAuE 041~iC
Son
W. Alan Phillips
65 West Big Spring Avenue, Apt. 3
Newville, PA 17241
Grandchildren
Son of Linwood B. Phillips, III
Mark Phillips
344 Pond View Drive
Harleysville, PA 19438
Grandchildren
Children of W. Alan Phillips
April R. Phillips
Dept. Of Corrections, DC#OL0212
SCI Muncy
P.O. Box 180
Muncy, PA 17756
Michael A. Phillips
441 Crossroads School Road
Carlisle, PA 17015
Great Grandchildren
Children of Linwood B. Phillips, I'V
(deceased) and Catina Lee Phillips
Beyanca Phillips (minor)
Ryan Phillips (minor}
c/o Michael A. Scherer, Esquire
O'BRIEN, BARK & SCHERER
19 West South Street
Carlisle, PA 17013
Grandchildren
Children of Linda L. Stull
Kelly Diodato
91 Z Burr Avenue
Carlisle, PA 17013
John C. Miller, III
689 Valley View Drive
Boiling Springs, PA 17007
BY THE COURT:
s' ; J.
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: LINWOOD B PHILLIPS JR CUMBERLAND COUNTY
PENNSYLVANIA
NO. 06-0122
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 10/24/08
JUDGE'S INITIALS: CJR
TIME STAMP DATE: 10/28/08
IN RE: ORDER
SERVICE TO: NEIL YARN HUBERT GILROY GEORGE FALLER JR
MICHAEL SCHERER MERLE PHILIPS W ALAN PHILLIPS KEILLY DIODATO
MARK PHILLIPS JOHN C MILLER III APRIL R PHILLIPS MICHAEL PHILLIPS
METHOD OF MAILING: ENVELOPES PROVIDED BY:
® USPS
^ RR-R
^ HAND DELIVERED
^ OTHER
MAILED: 10/28/08
® PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
SERVICE TO:
METHOD OF MAILING:
^ USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED:
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
Clerk of Orphans' Court