HomeMy WebLinkAbout06-15-10IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ~,,,
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In Re: Estate of No. 21-06-0122~ri ~ ~ ~ ~ _
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LINWOOD B . PHILLIPS , JR . , ~ ~ !v - ~~~'~
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Orphans' Court
Deceased Division
York, Pa., Tuesday, June 1, 2010
Before the Honorable Penny L. Blackwell, Judge
APPEARANCES:
NEIL YARN, Esquire
For the Petitioners
GEORGE FALLER, JR., Esquire
For Robert G. Frey
HUBERT GILROY, Esquire
For Linda Stull and Linwood B. Phillips, III
ROBERT G. FREY, Esquire
For the Estate of Linwood B. Phillips, Jr.
O R D E R
Counsel have appeared today in this
particular matter and it is now directed that discovery
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will be undertaken within the next 90 days from today's
date. That means that discovery should be completed by
September lst, 2010.
Counsel are asked to confer and then
contact the Court through her judicial assistant, Kristi
Keuerleber, for the purposes of setting a status
conference that would be shortly after the discovery
date has tolled.
The issues surrounding this particular
matter apparently arise out of the settlement agreement
that was reached among the parties. There is an issue
concerning marital property, personal property, as well
as additional monies owed arising from the settlement
agreement itself.
Within the tangible personal property,
there is a sub-issue of whether it was gifted or jointly
acquired as counsel do dispute whether the settlement
agreement covered all marital property.
Counsel, I will ask for your guidance
with the identification of tangible personal property
that Mrs. Phillips contends is owed as well as the value
of that property.
It is hoped that counsel can confer as to
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whether there is any need for evaluation of the tangible
personal property that may be at issue. If no such
agreement could be reached, obviously, that can be
brought to the Court's attention.
There is also an issue as to whether the
settlement agreement itself precludes any further claims
by Mrs. Phillips against the estate. That will be an
issue that will be brought to the Court's attention
through the appropriate filing of petitions.
BY THE COURT:
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y L. Blackwell,
Judge
jnr - 6/8/10
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In Re: LINWOOD B PHILLIPS JR
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-06-0122
ORDER DATE:
JUDGE'S INITIALS:
TIME STAMP DATE:
CERTIFICATE OF SERVICE OF ORDER
IN RE: ORDER
SERVICE TO: NEIL YARN
GEORGE FALLER JR
HUBERT GILROY ROBERT G FREY
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Deputy
Clerk of Orphans' Court