HomeMy WebLinkAboutDocket Entries 02-16-1010025802162010 Cumberland County - Orphans Court
ORC621
Case No 2006-00122
Case Name: PHILLIPS LINWOOD B JR Age
Docket Entries
Filed
2/08/06 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
2/13/06 2 CERTIFICATION OF NOTICE UNDER RULE 5.6 (A)
4/27/06 3 INHERITANCE TAX PYMT
PAID - 1,300,000.00 ACN - 101 RECEIPT - CD006613
POSTMARK DATED - 04/27/2006
FREY ROBERT G
Pa~/16/2010
5/11/06 4 PETITION FOR RELIEF
5/26/06 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
6/01/06 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
6/05/06 7 RETURN RECEIPT TO ROBERT G FREY RECEIVED ON 06/02/06
6/05/06 8 RETURN RECEIPT TO NEIL WARNER YAHN RECEIVED ON 06/02/06
6/05/06 9 MOTION FOR EMERGENCY RELIEF
6/05/06 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)
6/06/06 11 JOINT STIPULATION
6/13/06 12 MOTION FOR EMERGENCY RELIEF
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6/14/06 13 PRAECIPE FOR ENTRY OF APPEARANCE BY HUBERT X GILROY ESQ ON BEHALF
OF LINDA L STULL
6/14/06 14 RESPONDENT'S ANSWER WITH NEW MATTER TO PETITION FOR RELIEF
6/16/06 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;
6/16/06 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
6/20/06 17 RETURN RECEIPT TO ROBERT G FREY ESQ-- RECEIVED ON 06-19-06
6/20/06 18 RETURN RECEIPT TO HUBERT X GILROY ESQ-- RECEIVED ON 06-19-06
6/20/06 19 RETURN RECEIPT TO GEORGE B FALLER JR ESQ-- RECEIVED ON 06-19-06
6/22/06 20 RETURN RECEIPT TO NEIL W YARN ESQ-- RECEIVED ON 06-20-06
6/22/06 21 ELECTION AGAINST WILL AND CONVEYANCE SIGNED BY ALICE R PHILLIPS
7/11/06 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
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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 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
8/15/06 28 OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21
8/18/06 29 OBJECTIONS TO SUBPOENA
CAJ
8/22/06 30 PETITION TO SET ASIDE PRENUPTIAL AGREEMENT
8/30/06 31 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
9/13/06 32 MOTION TO STRIKE OR DEMURRER REGARDING THE PETITION OF ALICE R
PHILLIPS TO SET ASIDE THE PRENUPTIAL AGREEMENT
9/13/06 33 PETITION FOR RELIEF CITING UNDUE INFLUENCE AND TORTIOUS
INTERFERENCE WITH TESTAMENTARY EXPECTANCY
9/14/06 34 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
10/02/06 35 PRELIMINARY OBJECTIONS AND MOTION TO DISMISS FILED BY LINDA L
STUFF
10/12/06 36 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
10/23/06 37 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.
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10/23/06 38 PETITION FOR STATUS CONFERENCE
10/23/06 39 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.
10/24/06 40 RULE TO SHOW CAUSE DATED 9/20/06 UPON CONSIDERATION OF THE
FOREGOING PETITION FOR RELIEF CITING UNDUE INFUUENCE 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.
10/24/06 41 ORDER DATED 10/23/06 A STATUS CONFERENCE IS HEREBY SCHEDULED FOR
11/14/06 @11:30AM IN CR1 OF THE PERRY COUNTY COURTHOUSE, NEW
BLOOMFIELD, PA. BY THE COURT, JOSEPH C REHKAMP, PJ.
11/06/06 42 PRELIMINARY OBJECTIONS AND MOTION TO DISMISS
11/13/06 43 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
11/16/06 44 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 (CONY BELOW)
11/16/06 45 (CONY 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
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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 (CONY BELOW)
11/16/06 46 (CONY 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
11/20/06 47 CORRESPONDENCE REVENUE 11-14-06
12/11/06 48 TRANSCRIPT OF PRECEEDINGS CONFERENCE ON 11/14/06 IN PERRY GOUTY
COURTHOUSE BEFORE C JOSEPH REHKAMP PJ
12/21/06 49 MOTION TO STRIKE
1/03/07 50 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
1/09/07 51 MOTION TO COMPEL DEPOSITION
1/12/07 52 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
1/18/07 53 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
1/25/07 54 RESPONDENTS REPLY TO PETITIONERS MOTION TO STRIKE
2/01/07 55 ESQRGENCY REQUEST TO STAY DEPOSITION BY DEPONENT KARL E ROMINGER
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2/01/07 56 CONSENT ORDER UNSIGNED
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2/05/07 57 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
2/05/07 58 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)
2/05/07 59 (CONY 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
2/05/07 60 (CONY 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
2/14/07 61 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 ROMIN ER 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 62 NOTICE OF APPEAL
JAA
3/15/07 63 NOTICE OF APPEAL SENT UPS TO SUPERIOR COURT ON 03/15/07 JAA
3/19/07 64 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
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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 ,J~
3/20/07 65 PRAECIPE FOR ORAL ARGUMENT
3/21/07 66 SUPERIOR COURT APPEAL DOCKET SHEET
DOCKET NO 463 MDA 2007
RECORD DUE 04/23/07 WSZ
3/28/07 67 CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL JAA
4/17/07 68 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 69 INHERITANCE TAX RETURN
WSZ
6/22/07 70 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
8/20/07 71 REV 1547 NOTICE INH TAX APPRAISEMENT ACN 101 CREDIT $115521.00
CAJ
9/19/07 72 ATJRANSCRIPT OF PROCEEDINGS CONTEMPT DATED 02/07/07
9/20/07 73 FINAL MEMORANDUM
AJW
9/21/07 74 NOTICE OF TRANSMITTAL OF RECORD AND SERVICE OF LIST OF RECORDS
COPIES MAILED VIA USPS ON 09/21/07
AJW
10/01/07 75 REV 1607 INH TAX STATEMENT OF ACCT ACN 101 PAID IN FULL
CAJ
10/02/07 76 CERTIFICATE AND TRANSMITTAL OF RECORD
AJW
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10/02/07 77 ACKNOWLEDGEMENT OF RECEIPT RECEIVED FROM SUPERIOR COURT
AJW
10/08/07 78 INHERITANCE TAX PYMT
PAID - 82.50 ACN - 101 RECEIPT - CD008795
POSTMARK DATED - 10/08/2007
JAMES SMITH DIETTERICK ET AL
*****************************VOID**********************************
10/26/07 79 PETITION FOR STATUS CONFERENCE
AJW
11/06/07 80 ORDER DATED 10 30/07 IN RE PETITION FOR STATUS CONFERENCE IS
HEREBY SCHEDULED FOR 12/26/07 AT 11AM IN CTR 1 OF THE PERRY COUNTY
COURTHOUSE NEW BLOOMFIELD PA BY THE COURT JOSEPH REHKAMP J
SERVICE MAILED VIA USPS ON 11/06/07
AJW
11/19/07 81 PETITION FOR ESTATE ACCOUNTING
CAJ
11/16/07 82 REV 1607 INH TAX STATEMENT OF ACCT ACN 101 CREDIT $82.50
CAJ
12/03/07 83 NOTICE TO PLEAD AND SHOW CAUSE DATED 11/28/07 IN RE PETITION FOR
ESTATE ACCOUNTING UPON CONSIDERATION OF THE FOREGOING
PETITION FOR ESTATE ACCOUNTING 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 20 DAYS FROM THE DATE OF SERVICE BY THE COURT RAMPKAMP J
SERVICE MAILED VIA USPS ON 12/03/07
AJW
12/20/07 84 RESPONSE TO PETITION FOR ESTATE ACCOUNTING
AJW
1/02/08 85 PRE TRIAL MEMO DATED 12/27/07 ALICE PHILLIPS THE PETITIONER
PRESENTED THIS COURT WITH A MOTION IN LIMINE BRIEFS SHALL BE FILED
ON OR BEFORE 01/04/08 WITH RESPONSIVE BRIEFS FILED BY 01/25/08 AND
ANY REPLY BRIEF BY 02 08/08 THEREAFTER ORAL ARGUMENT BY TELEPHONE
SHALL BE SCHEDULED FO 06 OF 2008 AND THE ATTORNEYS SHALL GIVE
COURT ADMIN AT LEAST 2 BLOCKS OF TIME 3 DAYS EACH FOR A HEARING
BEFORE THE UNDERSIGNED JUDGE PARTIAL ACCOUNTING SHALL BE SUBMITTED
TO THE COURT BY THE EXECUTOR BY 02/02/08 PETITIONER AGREES TO STAY
ANY OBJECTIONS TO SAID ACCOUNTING UNTIL A HEARING IN THIS MATTER
HAS BEEN HELD AND THE COURT HAS RULED ON HIS CLIENTS (CONTINUED
1/02/08 86 CONTINUED- STATUS AS BENEFICIARY PETITIONER IS NOT WAIVING ANY
RIGHTS BY AGREEING TO STAY THE FILING OF ANY OBJECTIONS IT IS
ANTICIPATED THAT THE CHILDREN WILL BE FILING A PETITION TO EXCLUDE
PETITIONER FROM THE MARITAL HOME HOWEVER THIS COURT WILL NOT RULE
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ON SAID ISSUE UNTIL AFTER THE HEARING IN THIS MATTER IN JUNE BY
THE COURT C JOSEPH REHKAMP PJ
COPIES MAILED 1/02/08
JAA
1/07/08 87 FAXED CORRESPONDENCE DATED 1/4/08 FROM NEIL YAHN ESQ TO C. JOSEPH
REHKAMP IN RE EXTENTION OF TIME TO FILE BRIEFS
MAw
1/08/08 88 PETITIONERS MOTION IN LIMINE
JAA
1/15/08 89 ORDER DATED 01/09/08 IN RE THREE DAY HEARING IN THE ABOVE MATTER
IS SCHEDULED FOR WEDNESDAY 06/25/08 THROUGH FRIDAY 06/27/08 IN
COURTROOM NO 2 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA BY THE
COURT C JOSEPH REHKAMP PJ
COPIES MAILED 01/15/08
JAA
1/15/08 90 RULE 6.12 REMINDER LETTER MAILED TO ATTY
AJW
1/18/08 91 ORDER DATED 01/09/08 TELEPHONIC ORAL ARGUMENT IN THE ABOVE MATTER
IS SCHEDULED FOR FRIDAY 03/07/08 AT 10 AM WITH THE JUDGES CHAMBERS
INITIATING THE CALL TO ALL ATTORNEYS BY THE COURT C JOSEPH REHKAMP
PJ
COPIES MAILED 01/18/08
JAA
1/25/08 92 RESPONDENTS RESPONSE TO PETITIONERS MOTION IN LIMINE
MAW
1/30/08 93 STATUS REPORT 6.12 INCOMPLETE FILED
WSZ
2/01/08 94 JN~FORMAL FIRST AND PARTIAL ACCOUNT
2/01/08 95 CERTIFICATE OF SERVICE
JAA
3/19/08 96 ORDER OF COURT DATED 2/26/08 UPON REQUEST OF HUBERT X GILROY FOR A
CONTINUANCE OF THE ARGUMENT SCHEDULED IN THIS MATTER ON 3/7/08 AND
IT BEING RELAYED TO THE COURT THAT LEGAL COUNSEL FOR THE OTHER
PARTIES DO NOT OPPOSE THE REQUEST THE TELEPHONIC ARGUMENT COURT
SCHEDULED FOR 3/7/08 IS CANCELLED AND RESCHEDULED TO 3/31/08 AT
2:00 PM WITH THE JUDGES OFFICE INITIATING THE CALL TO ALL
ATTORNEYS -BY THE COURT C JOSEPH REHKAMP
COPIES MAILED 3/20/08
CAJ
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4/09/08 97 ESTATE TAX CLOSING LETTER - FORWARDED TO DEPT OF REVENUE
AJW
6/06/08 98 MOTION TO QUASH PURSUANT TO RULE 4009.21
AJW
6/26/08 99 ORDER DATED 06/13/08 AFTER TELEPHONE CONFERNCE THIS DATE THE COURT
HEREBY CONTINUES THE THREE DAY SCHEDULED FOR 06/25/08 - 06/27/08
THE SAME IS TENTATIVELY SCHEDULED FOR 09/08/08 - 09/10/08 AT 9AM
IN CTR 1 PERRY COUNTY COURTHOUSE NEW BLOOMFIELD PA PENDING THE
ASSIGNMENT OF THE UNDERSIGNED BY THE SUPREME COURT TO HANDLE THIS
MATTER AS SR JUDGE AFTER RETIRING AS AN ACTIVE JDUGE ON 08/31/08
FURTHERMORE THE SAME IS SCHEDULED FOR A TELEPHONIC PRETRIAL
CONFERENCE ON 08/07/08 AT 2:30PM COUNSEL ARE DIRECTED TO FILE
PRETRIAL MEMORANDUMS NO LATER THAN 08/04/08 BY THE COURT C
JOSEPH REHKAMMP PJ SERVICE MAILED VIA USPS ON 06/26/08 AJW
7/16/08 100 ORDER DATED 07/11/08 IN RE MOTION IN LIMINE THE RESPONDENT IS
HEREBY PRECLUDED FROM INTRODUCING OR MAKING REFERENCE TO IN ANY
WAY THE USE OF THE DEAD MAN'S STATUTE AS CODIFIED IN TO PRECLUDE
THE PETITIONER FROM OFFERING TESTIMONY AS TO THE FRAUD IN THE
INDUCEMENT FAILURE TO DISCLOSE AND DURESS AS MORE FULLY SET FORTH
IN THE PETITION TO SET ASIDE PRENUPTIAL AGREEMENT BY THE COURT C
JOSEPH REHKEMP PJ
COPIES MAILED VIA USPS ON 07/16/08
AJW
/17/08 101 PRAECIPE TO THE REGISTER OF WILL OF CUMBERLAND COUNTY PLEASE BE
ADVISED THAT ROBERT G FREY EXECUTOR OF THE ESTATE OF LINWOOD B
PHILLIPS JR HEREBY WITHDRAWS ITS MOTION TO QUASH THE SUBPOENA TO
PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY TO ORRSTOWN BANK FROM
PETITIONER ALICE R PHILLIPS GEORGE B FALLER JR ESQ
AJW
7/23/08 102 BENEFICIARIES' MOTION TO AMEND ORDER OF 07/11/08 TO CERTIFY FOR
PURPOSES OF TAKING AN INTERLOCUTORY APPEAL
AJW
7/29/08 103 MOTION OF ROBERT G FREY FOR AN AMENDED ORDER FOR PURPOSES OF
TAKING AN INTERLOCUTORY APPEAL
CAJ
8/20/08 104 ORDER DATED 08/08/08 IN RE VARIOUS PENDING MOTIONS AFTER A
CONFERENCE VIA TELEPHONE WITH LEGAL COUNSEL INVOLVED IN THIS CASE
AND IN LIGHT OF THE VARIOUS OF MOTIONS THAT ARE PENDING BEFORE
THIS COURT IT IS ORDERED AND DIRECTED AS FOLLOWS 1 THE HEARINGS
PREVIOUSLY SCHEDULED FOR 09/08/08 THROUGH 09/10/08 ARE HEREBY
CANCELLED 2 THE PARTIES AND LEGAL COUNSEL SHALL SUBMIT TO
MEDIATION WITH A MEDIATOR AGREED UPON BY LEGAL COUNSEL FOR THE
PARTIES THE MEDIATION SHALL BE CONDUCTED ON 09/08/08 3 THE COURT
WILL CONDUCT ANOTHER TELEPHONIC PRE TRIAL CONFERENCE WITH THE
PARTIES ON 09/11/08 AT 2:30PM TO DISCUSS AT THAT TIME THE RESULTS
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8/20/08 105 CON'T OF THE MEDIATION AND WHAT FURTHER ACTIONS ARE NECESSARY IN
THIS CASE ATTORNEY GILROY SHALL INITIATE THE TELEPHONE CONFERENCE
4 PENDING RESOLUTION OF THE MEDIATION AND THE TELEPHONIC PRE TRIAL
CONFERENCE SCHEDULED ABOVE ALL MATTERS IN THS CASE STAYED THE
APPROPRIATE OPPORTUNITY WILL BE GIVEN TO ALL PARTIES TO FILE ANY
APPROPRIATE ANSWERS TO PENDING MOTIONS OR OTHER APPROPRIATE
PLEADINGS AS NECESSARY BY THE COURT C JOSEPH REHKAMP J
COPIES MAILED VIA USPS ON 08/20/08
AJW
9/30/08 106 ORDER DATED 09/24/08 IT IS HEREBY ORDERED AND DIRECTED THAT A
HEARING ON THE PROPOSED SETTLEMENT OF THIS MATTER IS HEREBY
SCHEDULED FOR 10/21/08 AT 10 AM IN COURTROOM NO 2 OF THE PERRY
COUNTY COURTHOUSE NEW BLOOMFIELD PA BY THE COURT C JOSEPH REHKAMP
SJ COPIES MAILED 10/01/08
JAN
10/16/08 107 PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM
WSZ
10/16/08 108 ORDER DATED 10/16/08 UPON CONSIDERATION OF THE PETITION FOR
APPOINTMENT OF GUARDIAN AD LITEM IT IS HEREBY ORDERED THAT MICHAEL
SCHERER ESQ SHALL BE APPOINTED GUARDIAN AD LITEM ON BEHALF OF
BEYANCA R PHILLIPS AND RYAN PHILLIPS BY THE COURT KEVIN A HESS
JUDGE
COPIES MAILED AND HAND DELIVERED 10/16/08
JAN
10/24/08 109 EXECUTORS PETITION FOR AUTHORITY TO SETTLE AND COMPROMISE THE
CLAIMS OF ALICE R PHILLIPS AGAINST THE ESTATE
JAN
10/28/08 110 ORDER DATED 10/24/08 IN RE EXECUTORS PETITION FOR AUTHORITY TO
SETTLE AND COMPROMISE THE CLAIMS OF ALICE R PHILLIPS AGAINST THE
ESTATE IT IS ORDERED ADJUDGED AND DECREED THAT ROBERT G FREY
EXECUTOR OF THE ESTATE OF LINWOOD B PHILLIPS JR IS AUTHORIZED TO
COMPROMISE SUCH CLAIM BY DISTRIBUTING TO ALICE R PHILLIPS
$4 000,000.00 IN FULL SATISFACTION OF THE CLAIM AS SET FORTH BELOW
1 2,000,000.00 WITHIN 5 DAYS OF THE DATE OF THIS ORDER 2
$3,800,000.00 IN FINAL DISTRIBUTION TO BE PAID UPON THE EXPIRATION
OF 35 DAYS FROM THE DATE OF THIS ORDER OR THE DATE OF ALICE R
PHILLIPS VACATES THE MARITAL RESIDENCE WHICHEVER LAST CONTINUED
10/28/08 111 CONT FROM ABOVE OCCURS 3 WITHIN 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 PA AND IDENTIFY THE
PERSONAL PROPERTY TO BE REMOVED BY ALICE R PHILLIPS IN THE EVENT
ITEMS TO BE REMOVED ARE IN DESPUTE THE COURT SHALL RETAIN
JURISDICTION IN THE MATER ALICE R PHILLIPS MAY NOT REMOVE ANY
PERSONAL TANGIBLE PROPERTY 4 ALICE RELEASES HER RIGHTS INTERESTS
AND CLAIMS WITH RESPECT TO ANY ASSET OF THE ESTATE 5 THE ESTATE
SHALL RETAIN ANY AND ALL CEMETERY PLOTS 6 ALL CLAIMS OF ALICE R
PHILLIPS INDIVIDUALLY AGAINST KARL ROMINGER CONTINUED
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10/28/08 112 CONT FROM ABOVE 7 AUTHORIZING EXECUTOR FREY TO DISTRIBUTE THE
AFOREMENTIONED AMOUNTS CONSTITUTES AN ORDER MAKING DISTRIBUTION
AND IS IMMEDIATELY APPEALABLE UNDER PA RAP 342 8 NOTICE OF THIS
ORDER SHALL BE GIVEN TO THE FOLLOWING ALICE PHILLIPS LINDA STULL
LINWOOD PHILLIPS III MERLE R PHILLIPS W ALAN PHILLIPS MARK
PHILLIPS APRIL PHILLIPS MICHAL A PHILLIPS BEYANCA PHILLIPS RYAN
PHILLIPS KELLY DIODATO JOHN MILLER BY THE COURT C JOSEPH REHCAMP
JUDGE COPIES MAILED 10/28/08
wsz
1/13/09 113 MOTION TO COMPEL DISTRIBUTION OF ESTATE ASSETS COMPRISED OF
MARITAL PROPERTY AND ENFORCE COURT ORDER
CAJ
1/15/09 114 RULE 6.12 REMINDER LETTER MAILED TO ATTY
AJW
1/16/09 115 STATUS REPORT 6.12 INCOMPLETE FILED
AJW
2/05/09 116 ORDER DATED 01/26/09 IN RE MOTION TO COMPEL DISTRIBUTION OF ESATE
ASSETS A TELEPHONE CONFERENCE BETWEEN COUNSEL AND THE UNDERSIGNED
JUDGE IS HEREBY SCHEDULED FOR TUESDAY 2/24/09 AT 1:00 PM WITH THE
JUDGES CHAMBERS INITIATING THE CALL BY THE COURT C JOSEPH REHKAMP
wOZIES MAILED 02/05/09
4/01/09 117 ORDER DATED 03/24/09 IN RE AFTER A TELEPHONE CONFERENCE HELD ON
02/24/09 IT IS HEREBY ORDERED AND DECREED AS FOLLOWS 1 THE
EXECUTOR SHALL RELEASE AN ADDITIONAL 300000.00 TO LEGAL COUNSEL
FOR ALICE PHILLIPS WHICH HAD BEEN HELD IN ESCROW 2 WITHIN 30 DAYS
OF THE DATE OF THIS ORDER COUNSEL FOR ALICE PHILLIPS SHALL PROVIDE
TO OPPOSING COUNSEL AND THE COURT A LIST OF WHAT PERSONAL PROPERTY
WAS RETAINED BY ALICE PHILLIPS AND TAKEN FROM THE ENCKS MILL ROAD
PROPERTY OR OTHERWISE DISPOSED OF OR SOLD INCLUDING BUT NOT
LIMITED TO PROPERTY WHICH SHE CLAIMED TO BE MARITAL PROPERTY AND 3
WITHIN 30 DAYS OF THE DATE OF THIS ORDER COUNSEL FOR THE (CONTINUE)
4/01/09 118 CONTINUE-EXECUTOR SHALL SUPPLY AN ITEMIZED LIST OF DAMAGES OR ANY
OTHER ITEMS WHICH THE EXECUTOR CLAIMS AS AN OFFSET TO THE
4000000.00 SETTLEMENT PAYABLE TO PETITIONER ALICE PHILLIPS
BY THE COURT C JOSEPH REHKAMP SJ
COPIES MAILED AND HAND DELIVERED 04/01/09
JAN
4/23/09 119 JX~ECUTORS LIST OF DAMAGES PURSUANT TO COURT ORDER DATED 03/24/09
5/01/09 120 PETITIONERS LIST OF PERSONAL PROPERTY RETAINED PURSUANT TO COURT
ORDER OF 3/24/2009 AND REQUEST FOR STATUS CONFERENCE
CAJ
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5/13/09 121 ORDER DATED 05/08/09 IN RE PETITIONERS LIST OF PERSONAL PROPERTY
RETAINED PURSUANT TO COURT ORDER OF 03/24/09 AND REQUEST FOR
STATUS CONFERENCE IS HEREBY SCHEDULED FOR 06/10/09 AT 2:30PM IN
THE FIFTH FLOOR HEARING ROOM OF THE CUMBERLAND COUNTY COURTHOUSE
CARLISLE PA
BY THE COURT C JOSEPH REHKAMP PJ
COPIES MAILED 05/13/09
JAN
7/24/09 122 PETITION FOR CITATION TO SHOW CAUSE WHY CLAIM OF HARVEY SHAPIRO
SHOULD NOT BE DISMISSED
AJW
8/10/09 123 HEARING ORDER DATED 07/31/09 IN RE PETITION FOR CITATION A HEARING
IS SCHEDULED FOR FRIDAY 09/18/09 AT 9AM IN THE 5TH FLOOR HEARING
ROOM OF THE CUMBERLAND COUNTY COURTHOUSE CARLISLE PENNSYLVANIA
BY THE COURT C JOSEPH REHKAMP PJ
COPIES MAILED 08/11/09
JAN
8/19/09 124 ORDER DATED 07/27/09 IN RE PETITON FOR ALLOWANCE OF APPEAL THE
PETITION FOR ALLOWANCE OF APPEAL IS DENIED - BY THE SUPREME COURT
OF PENNSYLVANIA MIDDLE DISTRICT
wsz
8/26/09 125 SHERIFF'S RETURN OF SERVICE
JAN
9/08/09 126 09/04/09ATE AND TRANSMITTAL OF RECORD RECEIVED FROM SUPERIOR COURT
WSZ
9/08/09 127 NON PRECEDENTIAL DECISION SEE SUPERIOR COURT I O P 65.37
WSZ
9/08/09 128 ORDER DATED 07/27/2009 THE PETITION FOR ALLOWANCE OF APPEAL IS
DENIED BY THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT
WSZ
9/18/09 129 PRAECIPE FOR ENTRY OF APPEARANCE OF JEFFREY R BOSWELL ON BEHALF OF
HARVEY H SHAPIRO
CAJ
9/18/09 130 CLAIMANTS ANSWER AND OBJECTIONS TO PETITION FOR CITATION TO SHOW
CAUSE WHY CLAIM OF HARVEY SHAPRIO SHOULD NOT BE DISMISSED
CAJ
9/25/09 131 PETITION TO INTERVENE
JAN
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11/05/09 132 ORDER OF COURT DATED 11/3/09 IN RE: PETITION FOR CITATION MATTER
IS RESCHEDULED FOR MONDAY 11/9/09 AT 9 AM IN 5TH FLOOR HEARING
ROOM OF CUMBERLAND COUNTY COURTHOUSE BY THE COURT C JOSEPH REHKAMP
SJ
MW
11/05/09 133 ORDER DATED 11/2/09 IN RE:INTERVENER IT IS ORDERED AND DECREED
THAT INTERVENER ALICE R PHILLIS IS DEEMED AN INTERVENING PARTY TO
THIS ACTION BY THE COURT C JOSEPH REHKAMP SJ MW
12/08/09 134 NOTICE OF APPEAL
REQUEST FOR TRANSCRIPTS
CERTIFICATE OF SERVICE
CERTIFIED COPY OF DOCKET ENTRIES
CAJ
12/08/09 135 NOTICE OF APPEAL MAILED TO SUPERIOR COURT ON 12/8/09 BY USPS
CAJ
12/14/09 136 RETURN RECEIPT OF NOTICE OF APPEAL BY SUPERIOR COURT OF PA
MAW
12/18/09 137 SUPERIOR COURT APPEAL DOCKET SHEET
DOCKET NO 2095 MDA 2009
RECORD DUE 2/8/10
CAJ
12/22/09 138 STATUS REPORT 6.12 INCOMPLETE FILED
CAJ
1/06/10 139 01/04/2010 THE ABOVE APPEAL IS HEREBY WITHDRAWN AND DISCONTINUED BY
ORDER OF HARVEY H SHAPIRO PRO SE ATTORNEY FOR APPELLANT
01/04/2010 DISCONTINUED
JAN
1/06/10 140 NOTICE OF DISCONTINUANCE OF ACTION THE ABOVE CAPTIONED MATTER HAS
BEEN MARKED DISCONTINUED WITH THIS COURT CERTIFICATION IS BEING
SENT TO THE LOWER COURT
JAN