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HomeMy WebLinkAbout03-03-11 p....a ,i `~ m 1 ,i r Ronald L. Finck, Esquire ~ ~ © '?~ METTE, EVANS & WOODSIDE ~ ~ - _ `T 3401 North Front Street .c Y ^ ' P.O. Box 5950 ~' ; ~`~ Harrisburg, PA 17110-0950 ~ (717) 232-5000 -Phone (717) 236-1816 -Fax rlfinck@mette.com ~ RE; : IN THE COURT OF COMMON PLEAS WILLIAM I. EVANS WILL CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION DANNY B. EVANS, Petitioner ORPHANS' COURT N0.21-08-0979 v. IRMA DAVENPORT, Respondent JURY TRIAL DEMANDED MOTION FOR CONTINUANCE OF HEARING AND SCHEDULING OF A JURY TRIAL AND NOW, comes the Petitioner, Danny B. Evans, by and through his attorneys, Mette, Evans & Woodside, and files this Motion for Continuance and avers the following: 1. This Honorable Court entered into an Order which schedules a hearing in the above-captioned matter for Mazch 22, 2011 at 3:00 p.m. The Order is attached hereto as Exhibit «A~, 2. Petitioner intends to call a number of witnesses, approximately eight (8), including the scrivener of the will in question, a medical expert, siblings of the decedent and the parties, in order to properly present his case. 3. Petitioner believes that a minimum of a full day of testimony will be necessary, but suggests that the Court set aside two days. ~"6' 4. Further, petitioner has made a timely demand for a jury trial. 5. The Honorable J. Wesley Oler, Jr. has been assigned to this matter. 6. Counsel for Respondent was contacted and concurs with this Motion. WHEREFORE, in light of the foregoing, the Petitioner respectfully requests this Honorable Court reschedule the hearing in the above-captioned matter to a jury trial with accommodations for a minimum of two full days of testimony. Respectfully submitted, METTE, EVANS & WOODSIDE Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. O. Box 5950 Harrisburg, PA 1 7 1 1 0-0950 (717) 232-5000 -Phone Attorneys for Petitioner Date: March 2, 2011 Danny B. Evans CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Mazk Mateya, Esquire Mateya Law Firm 55 West Church Avenue Carlisle, PA 17013 Respectfully submitted, METTE, EVANS & WOODSIDE Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 -Phone Attorneys for Petitioner Date: Mazch 2, 2011 Danny B. Evans