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HomeMy WebLinkAbout11-14-03IN RE ELEANOR U COOLIDGE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : CIVIL DOCKET NO.: 02-03-936 : ORPHANS' COURT DIVISION PETITION TO PERMIT TELEPHONE TESTIMONY AND NOW, comes the petitioner, Julia Coolidge-Stolz, by and through ABOM & KUTULAKIS, L.L.P., and files this Petition to Permit Telephone Testimony and in support thereof avers the following: 1. On November 12, 2003, a Petition for Appointment of Temporary Guardian was filed in the above captioned matter. 2. On November 12, 2003, by Order of Court, a Hearing was scheduled to occur in the above captioned matter on November 17, 2003, at 9:30AM. 3. On November 13, 2003, subpoenas were prepared and served upon five (5) separate individuals. 4. Two of the individuals currently under subpoena are physicians, J. CRAIG JURGENSEN, M.D., and JAMES HEGARTY, M.D. 5. Both of these physicians have appointments scheduled for the time of the Hearing, but have indicated a willingness to give testimony by telephone. WHEREFORE, the Petitioner respectfully requests This Honorable Court to allow Doctor Jurgensen and Dr. Hegarty to deliver testimony via telephone at the Hearing scheduled to occur Monday, November 17, 2003. Respectfully Submitted, ABOM & KUTULAKIS, L.L.P. Kara W. Haggerty fo~ Michael T. Traxler, Esquire Attorney I.D. No. 90961 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner CERTIFICATE OF SERVICE AND NOW, this I/4' d~ay of November 2003, I, Kara W. Haggerty, Esquire, of Aborn & Kutulakis, L.L.P., hereby certify that I did serve a tree and correct copy of the foregoing PETITION TO PERMIT TELEPHONE TESTIMONY upon the following: VIA HAND DELIVERY James D. Flower, Jr., Esq. 26 W. High St. Carlisle, PA 17013 Robert G. Frey, Esq. 5 South Hanover St Carlisle, PA 17013 ABOM & KUTULAKIS, L.L.P. Kara W. Es~u~i~ 36 South Hanover Street Carlisle, PA 17013 THLAKIS Hand Delivered The Honorable J. Wesley Oler Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Eleanor U. Coolidge Docket No. 02-03-936 Orphan's Court Division Dear Judge Oler: I learned this afternoon that a Petition to Permit Telephone Testimony that was filed earlier today could not be accepted by you because it did not contain the appropriate indication as to whether the other attorneys involved in the matter opposed or concurred with the Petition. I spoke with Attorney Stephen Tiley who informed me that his office is in opposition to our Petition. In addition, I spoke with Attorney Jackie Smith, of Saidis Shuff Flower & Lindsay, who informed me that as of Friday afternoon, November 14, 2003, she did not have authority to concur with our Petition. I thank you for your attention to this matter. If you have any questions, please contact me at your convenience. Very truly yours, JAA/rdr Cc: James D. Flower, Esquire Robert G. Frey, Esquire Julia Coolidge-Stolz 36 SOUTH HANOVER STREET CAILLISLE, PA 17013 106 WALNUT STREET (717) 249-0900 I-DaUUSBUr~G, PA 17101 FAX (717) 249-3344 (717) 232-9511 IN RE: ELEANOR U. : IN THE COURT OF COMMON PLEAS OF COOLIDGE : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 21-03-936 ORDER OF COURT AND NOW, this 14th day of November, 2003, upon consideration of the Petition to Permit Telephone Testimony, a Rule is issued upon the parties to show cause why the relief requested should not be granted. RULE RETURNABLE at the hearing scheduled in this matter for Monday, November 17, 2003, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Counsel should be prepared with authority in support of their respective positions at the hearing. BY THE COURT, Kara W. Haggerty, Esq. J/J0g_/d/.. esley Ol~Ir?, Michael T. Traxler, Esq. 36 South Hanover Street Carlisle, PA 17013 Attorney for Petitioner James G. Flower, Jr., Esq. 26 W. High Street Carlisle, PA 17013 Attorney for Thomas Coolidge Steve Tiley, Esq. 5 South Hanover Street · Carlisle, PA 17013 Attorney for Eleanor Coolidge :rc IN RE: Eleanor U. Coolidge IN THE COURT OF COMMON PLEAS ORPHANS' COURT DIVISION GUMBERLAND COUNTY, PENNSYLVANIA NO. 21-2003-0936 RULE WE COMMAND, you that laying aside all business and excuses whatsoever, you be and appear in your proper person before the Honorable Judges of the Court of Common Pleas, Orphans' Court Division at a session of the said Court there to be held, for the County of Cumberland to show cause why the relief requested should not be granted. RULE RETURNABLE at the hearing scheduled in this matter for Monday, November 17, 2003, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Counsel should be prepared with authority in support of their respective postitions at the hearing. Witness my hand an official seal of office at Carlisle, Pennsylvania, this 14th day of November, 2003. Clerk; Orphans' Cot~rt Dix}ision ' ' Cumberland County, Carlisle, PA My Commission Expires on the Ist Monday January, 2006 IN RE: Eleanor U. Coolidge IN THE COURT OF COMMON PLEAS ORPHANS' COURT DIVISION CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-2003-0936 RULE WE COMMAND, you that laying aside all business and excuses whatsoever, you be and appear in your proper person before the Honorable Judges of the Court of Common Pleas, Orphans' Court Division at a session of the said Court there to be held, for the County of Cumberland to show cause why the relief requested should not be granted. RULE RETURNABLE at the hearing scheduled in this matter for Monday, November 17, 2003, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Counsel should be prepared with authority in support of their respective postitions at the hearing. Witness my hand an official seal of office at Carlisle, Pennsylvania, this 14th day of November, 2003. Clerk, Orphans Co~rrt Division Cumberland County, Carlisle, PA My Commission Expires on the 1st Monday January, 2006