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HomeMy WebLinkAbout09-30-04IN RE; : IN THE COURT OF CONMON FLEAS U~ : CUMBERLAND COUNTY, PENNSYLVANIA ELEANOR U. COOLIDGE : ORPHANS' COURT DIVISION : NO. 21-03-936 IN RE: PRE-HEARING CONFERENCE A pretrial conference in the above-captioned case was held in the chambers of Judge Oler on Tuesday, September 28, 2004. Present on behalf of Julia Elizabeth Ceelidge-Stolz was R. Hark Thomas, Esquire; present on behalf of Respondents'Thomas E. Coolidge and Philip W. Coolidge was James D. Flower, Jr., Esquire. This action involves a challenge hy Julia Elizabeth Coolidge-Stelz to the probate of the will of Eleanor U. Coolidge based en allegations ef lack ef testamentary capacity and undue influence. By separate Order of Court, this case has been scheduled for a hearing before Judge Oler en Wednesday, October 13, 2004, at 9:30 a.m. The estimated duration of the trial is 2 days. Presently pending before the Court is Petitioner's Motion for Trial Continuance, Order Directing Release ef Hedical Records, and Reconsideration ef Denial ef Petitioner's Request for Trial by Jury. With respect te this motion, a Rule was issued by the Court on September 22, 2004, and Respondent's response to the Rule is pending. Counsel at this pretrial conference have indicated that they will be preparing a stipulation to be filed in conjunction with counsel for the estate of Eleanor U. Coolidge (Robert H. Frey, Esquire} effecting a consolidation of this case with the case at number 21-04-301 wherein the will of Hs. Coolidge has been probated. The Court has indicated that it will sign a proposed order pursuant to this stipulation consolidating the cases. Petitioner's counsel has indicated that he expects this case te last 2 days, and Respondent's counsel has not disagreed with this projection. This will be a factor in evaluation of the Petitioner's motion for a continuance. By separate Order of Court, an order will be entered pursuant to an agreement ef counsel at this pre-hearing conference directing Chambersburg Hospital to release certain medical rec©rds pertaining to Eleanor U. Coolidge. With respect te settlement negotiations, it does not appear at this time that the parties will be able to resolve the case. By the Court, J/Wesley Oi~r-, 'J~r.~, ' J. R. Hark Thomas, Esquire 101 S. Market Street Mechanicsburg, PA 17055-6328 Fer Petitiener Julia Elizabeth Coelidge-Stolz James D. Flower, Jr., Esquire 26 W. High Street Carlisle, PA 17013 For Respondents Thomas E. Coolidge and Philip Coolidge