HomeMy WebLinkAbout02-0284
Cumberland County, Pennsylvania
Estate of COLlAN, Bevin Michael
PETITION FOR GRANT OF LETTERS
d..1-O~ -;J.Yt.!
No.
also known as Bevin M COLlAN
, Deceased
Social Security No. 174646097
Jeffrey M COLlAN and Michele COLlAN,
Petitioner(s), who is/are 18 years of age or older, apply)ies) for:
(COMPLETE "A" OR "B" BELOW:)
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A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut
Decedent, dated and cOdicil(s) dated
named in the Last Will of the
State relevant circumstances, e.g., renunciation, death of executor, ete
Except as follows, Decedent did not marry, was not divorced and did not have a child born or adopted after execution of the documents offered
for probate; was not the victim of a killing and was never adjudicated incapacitated:
iii
B. Grant of Letters of Administration
(c.t.e., d.b.n.c.ta.: pendente lite, durante absentia: durante minoritate)
Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse
(if any) and heirs:
I Name Relationship Residence I
_)c...;::.>.QC--( '^,C~ ~~ 9'2. Ali." "'. .l)y ~r\~~ _......
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal
residence at 109 3rd Street, Boiling Springs, South Middleton Township, Cumberland County, Pennsylvania
(list street, number and municipality)
Decedent, then 19 years of age. died January 28 ,2002, at 109 3rd Street, Boiling Springs PA
(Location)
Decedent at death owned property with estimated values as follows:
(if domiciled in PA All personal property...... $ 30 p.;;u-->o-
(if not domiciled in PA Personal property in Pennsylvania. $
(if not domiciled in PA Personal property in County ............. $
Value of real estate in Pennsylvania. ................. ................. ................ ................... $
Total..................... ............... ....................... ..................................... ................. $
Real Estate situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the Last Will and Codicil(s) presented with this Petition and the grant of letters in
the appropriate form to the undersigned:
Signature
Typed or printed name and residence
Jeffre M COLlAN
92 Ashle Drive, Marietta PA 17547
Michele COLlAN
92 Ashle Drive, Marietta PA 17547
/7-5C/.- 9
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
The Petitioner(s) above-named swear(s) and affirm(s) that the statements in the foregoing Petition are true
and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the
Decedent, Petitioner(s) will well and truly administer the estate according to law.
Sworn to and affirmed and subscribed
before me this
19th
day of
~yLb~
Jeffrey M COL~
'iYI \' ('.k\ l h.. 8 0 Lf)~ )
Michele COLlAN
"'"'f ~.~
9"1M '.l.h e~ ,tJ~?)
MARY LEWIS
DECREE OF REGISTER
Estate of COLlAN Bevin Michael
also known as Bevin M COLI AN
Social Security No: 174646097
AND NOW, March -19th 2002
reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters 0 Testamentary W of Administration
Deceased
No. 21-2002-284
Date of Death: 1/28/2002
, in consideration of the Petition on the
~~
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((c.t.a., d.b.n.c.t.; penden~~"urante ntia; duro ("Jninoriate)
are hereby granted to Jeffrey M COLlAN and Michele COLlAN
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in the above estate and that the instrument(s), if any, dated N/A
described in the Petition be admitted to probate and filed of record as the Last Will of Decedent.
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FEES
Letters ................................... $ ~O.OO
Short Certificates(s) ..?..........
Renunciation ..........................
Extra Pages (
)..............
I.T.R.......................................
JCP Fee .................................
Inventory ................................
Other ..................................... $
$
$
$
$
$
$
$
6.00
~~
Signature
5.00
Attorney: MYERS, Forest N
I.D. No: 18064
Address: 137 Park Place West
Shippensburg
Telephone: 532.9046
DATE FILED: March 19th, 2002
3-19-2002
PA 17257
TOTAL .............................$ 71.00
!VIAILED LEITEIlS TO ATI'ORNEY on
9-
CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Name of Decedent:
Bevin Michael Coli an
Date of Death:
January 28, 2002
Estate No.:
21 - 02 - 0284
To the Register:
I certify that notice of beneficial interest required by Rule 5.6(a) of the
Orphans' Court Rules was served on or mailed to the following beneficiaries
of the above-captioned estate on June 24, 2002.
Name
Address
Jeffrey M Colian
Michele eolian
92 Ashley Drive, Marietta PA 17547
92 Ashley Drive, Marietta PA 17547
Notice has now been given to all persons entitled thereto under Rule 5.6(a)
except None.
Date: ~/;;<~/rPd-,
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Forest N yers, EsquIre
Attorney 1.0. #18064
137 Park Place West
Shippensburg PA 17257
Phone 717.532.9046
Fax 717.532.8879
e-mail fnmyers@earthlink.net
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Capacity: _X~ Counsel for Personal
Representative
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IN RE: ESTATE OF
BEVIN M. eOLIAN. Deeeased
: BEFORE THE REGISTER OF WILLS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 21 - 02 - 0284
PETITION TO REVOKE
LETTERS OF ADMINISTRATION
NOW comes the petitioner, William D. Barnett, III, by his attorney, Nathan C.
Wolf, Esquire, and presents this petition to revoke Letters of Administration,
representing as follows:
1. Petitioner is William D. Barnett, III, an adult individual residing at 428
Dogwood Court, Carlisle, Cumberland County, Pennsylvania 17013.
2. At the time of death, decedent resided in South Middleton Township,
Cumberland County, Pennsylvania.
3. Decedent executed a last will and testament in Pennsylvania before his
death on January 28, 2002 while he was residing in Pennsylvania. A true and correct
copy of the will is attached hereto as Exhibit "A".
4. Said will provides, inter alia that the sole beneficiary is a friend of the
decedent, William D. Barnett, III, referenced in the will as "Bill Barnett".
5. Decedent's parents retained counsel and opened an estate in the Office of
the Register of Wills of Cumberland County, averring that the decedent died intestate,
and based upon those representations, were granted Letters of Administration, on or
about March 19, 2002.
6. The administrators of the estate are in possession of the original
document, believed to be the last will and testament of the decedent, and have refused
to enter the same for probate.
7. The instant petition is filed with the intent to have the last will and
testament entered into probate so that proper administration of the estate may occur.
WHEREFORE, petitioner, William D. Barnett, III, through his attorney, Nathan C.
Wolf, respectfully requests that the Register of Wills revoke the letters of Administration
granted to Jeffery M. Colian and Michele Colian, require the return of all Letters of
Administration and short certificates to the Register of Wills, granted March 19, 2002
and to present the original will to the Register of Wills for probate.
November 12, 2002
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717 532-8879
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VERIFICATION
I, the undersigned. hereby verify that I am the petitioner in this action and that the
facts stated in the above Petitioner are true and correct to the best of my knowledge
and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.SA Section 4904, relating to unsworn falsification to authorities.
DATE:
11- fI
,2002
~
WILLIAM D. BARNETT, III
IN RE: ESTATE OF
BEVIN M. eOLIAN, Deceased
: BEFORE THE REGISTER OF WILLS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 21 - 02 - 0284
PETITION TO REVOKE
LETTERS OF ADMINISTRATION
NOW comes the petitioner, William D. Barnett, III, by his attorney, Nathan C.
Wolf, Esquire, and presents this petition to revoke Letters of Administration,
representing as follows:
1. Petitioner is William D. Barnett, III, an adult individual residing at 428
Dogwood Court, Carlisle, Cumberland County, Pennsylvania 17013.
2. At the time of death, decedent resided in South Middleton Township,
Cumberland County, Pennsylvania.
3. Decedent executed a last will and testament in Pennsylvania before his
death on January 28, 2002 while he was residing in Pennsylvania. A true and correct
copy ofthe will is attached hereto as Exhibit "A".
4. Said will provides, inter alia that the sole beneficiary is a friend of the
decedent, William D. Barnett, III, referenced in the will as "Bill Barnett".
5. Decedent's parents retained counsel and opened an estate in the Office of
the Register of Wills of Cumberland County, averring that the decedent died intestate,
and based upon those representations, were granted Letters of Administration, on or
about March 19, 2002.
6. The administrators of the estate are in possession of the original
document, believed to be the last will and testament of the decedent, and have refused
to enter the same for probate.
7. The instant petition is filed with the intent to have the last will and
testament entered into probate so that proper administration of the estate may occur.
WHEREFORE, petitioner, William D. Barnett, III, through his attorney, Nathan C.
Wolf, respectfully requests that the Register of Wills revoke the letters of Administration
granted to Jeffery M. Colian and Michele Colian, require the return of all Letters of
Administration and short certificates to the Register of Wills, granted March 19, 2002
and to present the original will to the Register of Wills for probate.
November 12, 2002
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717 532-8879
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VERIFICATION
I, the undersigned, hereby verify that I am the petitioner in this action and that the
facts stated in the above Petitioner are true and correct to the best of my knowledge
and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities.
DATE:
11-'if
,2002
~
WILLIAM D. BARNETT, III
JERRY R. DUFFIE
RICHARD W. STEWART
C. ROY WEIDNER, JR.
EDMUND G. MYERS
DAVID W. DELUCE
RALPH H. WRIGHT, JR.
DAVID J. LANZA
MARK C. DUFFIE
MEUSSA PEEL GREEVY
MICHAEL J. CASSIDY
ROBERT M. WALKER
LAW OFFICES
JOHNSON, DUFFIE, STEWART & WEIDNER
A Professional Corporation
301 MARKET STREET
P. O. BOX 109
LEMOYNE. PENNSYLVANIA 17043-0109
WEBSITE: www.jasw.com
HORACE A. JOHNSON
COUNSEL TO ruE FIRM
KEIRSTEN WALSH DAVIDSON
OF COUNSEL
TELEPHONE 717-761-4540
FACSIMILE 717-761-3015
E-MAIL mail@jdsw.com
WRITER'S EXT. NO. 124
E-MAIL rhw@jdsw.com
November 22, 2002
Donna M. Otto
First Deputy Register of Wills
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013-3387
RE: Estate of Bevin M. Colian, Deceased >\.C:~ '(\ca~ __\\_~t._b'--6. ~'-'C'~
Estate of John F. Stevenson, Deceasedx I'.......,l ~ 0 ~... t-'" <:L",k. b.<l. """";!I-;"l.-Od,.-
Estate of Francis L Sanders, Deceased l( c.,... o.~ (\In -:"4" (\ ~ ~ u. {VI' .. D :/ \l""V
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Dear Donna:
Enclosed are two originals and two copies of a Citation which can be issued in response
to the Petition to Revoke Letters of Administration filed by William D. Barnett, III, by his attorney,
Nathan C. Wolf, Esquire, with respect to the Estate of Bevin M. Colian. When Mr Wolf delivers
his necessary filing fee, the Citations may be executed and served by Mr. Wolf.
Also enclosed is an Order of the Register with respect to the Estate of John F.
Stevenson in response to the Petition for Grant of Letters and supplement to Petition for Grants
of Letters regarding probate of an unsigned copy of a lost Will with respect to the Estate of John
F. Stevenson. The Order may be signed and the Letters Testamentary may be granted to Kim
D. Pinci, the named Executor.
Also included with this letter is a marked up copy of the back of the share certificate for
Sanders Construction Co., Inc., showing how the back of the share certificate may be executed
by you, as authorized by the Orphans' Court.
Please do not hesitate to call if you have any questions.
Very truly yours,
~;;FFVWART & WEIDNER
Ralph H. W~ ~
RHW:lar:165489
Enclosures
BEFORE THE REGISTER Of WillS Of
Of CUMBERLAND COUNTY - PENNSYlVANIA
IN RE: ESTATE Of BEVIN M eOLIAN,
Deceased
No. 21 - 02 - 0284
KNOW All MEN BY THESE PRESENTS, THAT we, Jeffrey M Colian and
Michele Colian, of lancaster County, pennsYlvan~ are held and firmly bound unto the
Commonwealth of Pennsylvania, in the sum of < ... -=3. .~::P:l .- Dollars,
to be paid to the said Commonwealth, to which payment well and truly to be made,
we do bind ourselves jointly and severally, for and in the whole, our heirs, executors
and administrators, and each and every of them, firmly by these presents.
Sealed with our seals, and dated the 2::,.... day of November, 2003<
WHEREAS, the said Jeffrey M Colian and Michele Colian, on the~ day of
November, 2003, filed in the Office of the Register of Wills of Cumberland County,
Pennsylvania, a Caveat against the admission to probate of any paper writing alleged to
be the Last Will and Testament of Bevin M Colian, deceased, or the granting of Letters
Testamentary, on the Estate of Bevin M Coli an, deceased.
NOW, THE CONDITION Of THIS OBLIGATION IS, that if the said Caveator
shall pay any and all costs which may be occasioned by reason of such Caveat, and
which may be decreed by such Register of Wills, or by the Orphans' Court Division of
Cumberland County, Pennsylvania, to be paid by such Caveator, then this obligation to
be void, otherwise to remain in full force and effect.
Sealed and delivered
in the presence of:
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Je~ olian
~ ;'rJV I.{ (1c:L.&;J
Michele Colian
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CITATION
Office of Register of Wills
Cumberland County, Pennsylvania
IN RE: Estate of Bevin M. Colian, Deceased
No. 21-02-0284
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
TO: Jeffrey M. Colian and Michele Colian
Greetings:
At the instance of William D. Barnett, III, you are hereby cited to appear before
the Deputy Register of Wills for the County of Cumberland, at her office, Room 102, in
the City of Carlisle, on the 17th day of December, 2002, at 2:00 o'clock, P.M., and to
show cause why you should not deposit with this office the undated instrument, a copy
of which is attached hereto, which may be offered as a Will of Bevin M. Colian,
deceased.
WITNESS, Donna M. Otto, First Deputy Regisier. of Wills, and the seal of her
office at Carlisle, in said County, the":> I o-1:::fyu day ofY//i1 UAM PI.M) ,
2002.
151
First Deputy Register of Wills
: 155592
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CITATION
Office of Register of Wills
Cumberland County, Pennsylvania
IN RE: Estate of Bevin M. Colian, Deceased
No. 21-02-0284
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
TO: Jeffrey M. Colian and Michele Colian
Greetings:
At the instance of William D. Barnett, III, you are hereby cited to appear before
the Deputy Register of Wills for the County of Cumberland, at her office, Room 102, in
the City of Carlisle, on the 17th day of December, 2002, at 2:00 o'clock, P.M., and to
show cause why you should not deposit with this office the undated instrument, a copy
of which is attached hereto, which may be offered as a Will of Bevin M. Colian,
deceased.
WITNESS, Donna M. Otto, First Deputy Register of Wills, and the seal of her
office at Carlisle, in said County, the dl.?~ day ofGrl Fruhrn P, f) jLJ ,
2002.
: 155592
BEFORE THE REGISTER OF WILLS OF
OF CUMBERLAND COUNTY - PENNSYlVANIA
IN RE: ESTATE OF BEVIN M COllAN,
Deceased
No. 21 - 02 - 0284
ANSWER TO PETITION TO REVOKE
LETTERS OF ADMINISTRATION
NOW COMES Jeffrey M Col ian and Michele Col ian, Admin istrators of the Estate
of Bevin M Colian, deceased, and Answers the Petition of William 0 Barnett, III, as
follows:
1. Admitted as to identity, denied as to address, the Respondent having no
knowledge of the residence of William D Barnett, III.
2. Admitted.
3. Respondents deny the allegation of Paragraph 3 that Bevin M Colian
executed a Last Will and Testament and on the contrary aver that the document
attached to the Petition to Revoke Letters of Administration does not constitute a Will
- .
under the laws and decisions of Pennsylvania. The document is printed and contains
no signature at the end. The document is undated and there are no witnesses to the
document.
4. Admitted that the document refers to an individual named Bill Barnett.
Denied that the document constitutes a Will and that "Bill Barnett" and William 0
Barnett, III, are the same individual.
5. Admitted.
6. Denied. The Respondents are not in possession of the Original
document. It is further averred that for the reasons set forth in Paragraph 4, the
document does not represent a Will.
7. Paragraph 7 is a conclusion of law to which no answer is required.
WHEREFORE, Jeffrey M Colian and Michele Colian respectfully request that the
Petition is dismissed.
Date: Il.. n. a-"3..
- <~\r-
Forest N Myers, Esquire
Attorney 1.0. #18064
137 Park Place West
Shippensburg PA 17257
Phone 717.532.9046
Fax 717.532.8879
e-mail fnmvers@earthlink.net
I verify that the statements made in the foregoing Answer to Petition to
Revoke Letters of Administration are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. Cons. Stat. 9
4904, relating to unsworn falsification to authorities.
Date: J.1/ /I IO:L ~- -;:7~
Je~~oli~'n, Res;;;dent
I verify that the statements made in the foregoing Answer to Petition to
Revoke Letters of Administration are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. Cons. Stat. S
4904, relating to unsworn falsification to authorities.
Date: Ji) Iii 10;).. '-{YJlI:1LeiL. {6~~
Michele Colian, Repsondent
IN RE: THE ESTATE OF
BEVIN M. COllAN, DECEASED
BEFORE THE REGISTER OF WILLS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 21-02-0284
ORDER OF THE REGISTER OF WILLS
AND NOW, this 17th day of December, 2002, the hearing on the matter of the Citation issued
--lUnvm/1.Ju;, ~ 2002 to Jeffrey M. Colian and Michele Colian regarding the depositing with this Office of
a certain undated instrument having been set for Tuesday, December 17, 2002, and a continuance having
been requested, continuing the hearing on said matter until Wednesday, February 19, 2002, at 2:00 o'clock
P.M., IT IS HEREBY ORDERED, that said matter shall be continued until Wednesday, February 19, 2003, at
2:00 o'clock P.M., in this Office at the Cumberland County Courthouse, Carlisle, Pennsylvania.
4/X/1 ()J7 i]jbf
DONNA M. OTTO
First Deputy Register of Wills
BEFORE THE REGISTER OF WILLS OF
OF CUMBERLAND COUNTY - PENNSYLVANIA
IN RE: ESTATE OF BEVIN M eOLIAN,
Deceased
No. 21 - 02 . 0284
STIPULATION
And Now this 17th day of December, 2002 Nathan C Wolf, Esquire, Attorney for the
Petitioner, William D Barnett, III and Forest N Myers, Esquire Attorney for Jeffrey M Colian
and Michele Colian, administrators of the Estate of Bevin M Colian, Deceased, hereby
stipulate and agree that the hearing before the Register of Wills of Cumberland County,
Pennsylvania, scheduled for Tuesday the 17th day of December 2002, at 2:00 pm, be and
is hereby continued to Wednesday the 19th day of February, 2003, at 2:00pm in the Jury
Assembly Room, fourth floor, Court House, One Court House Square, Carlisle,
Pennsylvania.
The purpose of this continuance is to permit the Register of Wills to issue its
subpoena to the Coroner of Cumberland County, Michael Norris, to produce a document
alleged to be the will of Bevin M eolian.,
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Forest N Myers, Esquire
IN REI ESTATE OF
BEVIN M. COLlAN , Deceased
: BEFORE THE REGISTER OF WILLS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
I NO. 21 - 02 - 0284
AMENDED PETITION FOR PROBATE
AND TO REVOKE LETTERS
OF ADMINISTRATION
NOW comes the petitioner, William D. Barnett, III, by his attorney, Nathan C.
Wolf, Esquire, and presents this amended petition for Probate and to Revoke Letters of
Administration, representing as follows:
8. Petitioner incorporates the averments of paragraphs one through seven of
the Petition to Revoke Letters of Administration filed November 27,2002 as if set forth
fully herein.
9. Decedent did not marry, was not divorced and did not have a child born or
adopted after the execution of the will offered for probate, was not the victim of a killing
and was never adjudicated incompetent.
10. Upon information and belief, decedent, at death, owned property with
estimated values in excess of $30,000, in personal property, and owned no real estate.
11. Decedent's last will and testament, submitted as exhibit "A" to the petition
filed November 27,2002, identified William D. Barnett, your petitioner, as the sole
residual beneficiary of decedent's estate.
12. Petitioner therefore, is properly entitled to the grant of Letters of
Administration C.T.A., by the contents of the will and under the provisions of 20
Pa.C.S.A S3155(b).
WHEREFORE, petitioner, William D. Barnett, III, through his attorney, Nathan C.
Wolf, respectfully requests that the Register of Wills revoke the Letters of Administration
granted to Jeffery M. Colian and Michele Colian, require the return of all Letters of
Administration and short certificates to the Register of Wills, granted March 19, 2002
and to present the original will to the Register of Wills for probate, and furthermore, that
the Register grant Letters of Administration C.T.A to William D. Barnett, III.
March 21, 2003
N LF, ESQUIRE
ttorney for the Petitioner
35 East High Street
Suites 201/202
Carlisle, PA 17013.3052
(717) 243-6090
Supreme Court 10 NO. 87380
VERIFICATION
I, the undersigned. hereby verify that I counsel for the petitioner in this action and
that the facts stated in the above Petition are true and correct to the best of my
knowledge and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to
authorities.
DATE:#J D7
,2003
NATHAN
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FROM:
County of Cumberland
One Courthouse Square
Carlisle, PA 17013-3387
FAX 1/ (7 17) 240-7791
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. allon havins. its.prlncipal off'((:e in Phi(ide\phia, Pennsylvania does hereby make, constitute and appoinl Shari Westbafer,
',Kathy Snyde~ . ... --
.'each inifividually if there be more than one named, its INe and lawful AlIorney.in.Fact, to make, execute, ...1 and deliver as surety for and on
" its behalf, and a. il. act and deed any and all bonds and undertakings of suretyship, andIo bind the GENERAL ACClOfNT INSURANCE
'COMPANY OF AMERICA hereby as fully and tb the same extenl as if .uch bond(anitimdel1aldnss .,.d'ilther wt!tili8lobl~QfY.ind\i! nalure
lhereof were .igned by an Executive Officer of the CENERAl ACCIDENT INSVRANCE .cOMpANy t:1f' AME~I(:A;and ~aledan!f,atle<ted by
one ocher of such officers, and hereby ratifies and conflnm all thaI its said AlIomeyjsHn.Faa may do in pursuance hereof; prqVided Ihat any
bond or undertaking of suretyship executed under this authority shall be subject lO.the Ioltowirisflmitations: , ,.' ,.
Any Probale or Fiduciary Bond In an Amounl nollo exceed .......". "';':'.." .... ....,'.'.,!';.;;....... .,.;..... .,',......$1!1lOil,1lOO
My l'lanllff's Court Bond in an amounl nolto exceed ....... .. . . ..... .. . " . .. . .. , .. .. . .. . .. . . .. .. . .. " . ;.$ 100,000
MY .~blic Official Bond Cexdudln& blanket) In an amount not to exceed ....................................$ 100,000
,""='~:r:n~:r=~Bo~:~~==tat"::;:,'~ ~:::::::::::::::::::::::::::::::::..:::::::: 2:::
This pqWer'of atlo;ney is slanled unde'and byo:uthorilyof Subsection S.l(b) 01 Micle V 01 the by-Iaws of GENERAL ACCIDENT INSURANCE
COMi'ANY OF AMERI~ which bt!Ciine e((e(tive Fe~"!i-iY 20, 1992 "nd which provisions are in fun force and effect, reading IS lollows:
''S:'4;'';'" 8..,,/,0/.01""'''''''' 1'r~'VIC<O ~,lit'...... aIIicor deOsnated bvlhem or eiIher 0/_ sIalI_ _to .ppli.. ~ .nellI> ...horlzelhem
............ behaW o/the COm..." bonds and undeil.tlilnp. <<c<>piz_ ___ 01 indemnily.nd _..nInp ~ in !he "".le _. .neI to _1110 1<01 011110
Ccmpo"l' _; .neI Jb;oD aIJo _ _10 __.... such AII...........F......... ~me ond ......,he _...t~...... to him. A1Yr ."""'...... e>ceaiIed by .n.
tueh AIIom<', ;".F... \ND be.. bin&ns upon.... Compon. IS W li&ned bv.n _"Ne Offlcet, ,lid ~,itld,',.,d ~ bvlN, ~:. . <:.' '.: . .' ',,,' .' '.
This power 01 attorney is signed and sealed by facsimile under and by authorityti! llteJOfloWins resallitlOiiadopiea bY Ihe,~rif ofdliectors
of GENERAl ACCIDENT INSURANCE COMPANY OF AMERICA. at a lt1ttting,held "",Ihe 20th .~y, 01 Fefiiuaiy,:.I992; a. Whicl:r " quorum was
present, and said resolution has not been amended or repealed::' ,':,': ',':' '. ,.:' ','
--. .....In ....,,;"1,_01_ ............ to _ 5,1lbl olIN bl'--...... ~Ihe...""u...d such~ .neI_.neI 1he""'l"IN. Clo<npony
_be_ ..a"l'such_O/ ~"';'''I'<etlirIC3l. reliti.._ byfoalniile. ind '''I such.",""",, .. -..i!Y,"'.......bwinc.Sl,/dlIiaimllo,~.orliai"",.
.... _ be ""lid ind biftd'<qI .pan IN Company m .... euwle with lOOpect....,. bond '" ~Io wlIidIl;,~. . . ,.., ,
IN WITNESS WHEREOf, GENERAL ACCIDENT INSURANCE COMPANY OF AMJRICA has causecl these presents to be signed by Dennis S,
l'erl~b ~K:e President, and its corp<:!<lUe seal 10 be hereto affixed, this R.th day 01 January .
"_Hrf) .. ~7~<A
;",,:.;:?,:.:.:),!;~ Den.~IS''$...~,'Vl<<.P~ent
<;ammonwealth of PeMsyfvania
PhiJadelphia County
6th
;';'~: . ',', " .... .
". ... ". .. .davof 'January ,,~,:::'97:W~a!IY~~~~~~~~~~'~;~~~ to
of the GENERAL ACCIOENT INSURANCE. COMPANY 01' 1IMfRlCA,i.nd~.edthatl)trex~and ~ed
ndaffixedtheseal of said c()rporallon lhereto and lhat the-se<l!affixea 10 sa~.!~swmentlS lhe !'o/'P"rate 5ea!of said
Ie seal and.his signature were duly affixed pursuant 10lhe.pY.laws'ind tl)t;!ilSolution,qlthe.boaid d qir~ors of
.' ~.~. . ..+ . ..."'''' :ir,,,,,,'."
:,~; ~':,;, :-: t<. 1~
,.,i.J:t~~!~bF",;..<, '. .ir ry Public in and for Coc!\o>onweabh of Pennsylvania
I,Ja '. ~t ". ri;Secrerarv#, the G~ERAl Ag:IOENT INSURANCE COMPANY OFAMERICA, do hereby c~rti(y that the above
. and . .... . .... '. e ar#.correctc.9PV of a power ()(atlorney executed by GENERAL ACCIDENT INSURANCE COMP/lNY OF AMERICA,
wh~JSi$till in M1.fOl'.;iFand effec!i'and thatMie1e,~/Subsection 5.1 (b) of lhe by'laws of lhe Company and Ihe resolution setfon.h above are
still irifUll force anifeHect."2"'i'. .
2!itf;.>,. ......d.ay
1!!JJI'(:;jf'~ "X7 . "";;;'Q.
Jam8 E. Carr1flll. Assi<ta~t'i;ecretary
(,,' .
This Power of AlIorney may not be u
.. . . -
fl1l'-, do( llllH'11I h pl1l1t('d 0\1 " \)\0\\1) h~)( kglOl1tld
.. . Januar 6 1
'--"'-' .".:;.
oc,",':.:_:';.'._,:'.,_..'_ _::~,:::," ,_.. .
For verS~M authenticity of this Power of Attorney you may call, 1-800-288-2360 and ask for the Power of Attorney supervisor. Please refer tlfthe Power of
Attorney .number, the above named individualts) and details of the bond to which the power is attached. In Pennsylvania, Dial 215-625-3081.
SB.0062 7.92
LAW OFFICE
FOREST N. MYERS
137 Park Place West,
Shippensburg, Pennsylvania 17257
April 18, 2003
717/532-9046
Fax 717/532-8879
fn myers@earthlink.net
Mary C Lewis, Register of Wills
Cumberland County
One Court House Square
Carlisle PA 17013
Re: Polca v Polca
In Divorce
No. 2003 - 640
Dear Ms Lewis:
Enclosed please find four copies of the Respondent's Answer to Amended
Petition for Probate and to Revoke Letters of Administration for the above.
captioned matter.
Please time-stamp three copies and return them to me in the enclosed self-
addressed, stamped envelope I have provided.
Sincerely,
~ ~(:s>
Forest N. Myers
FNM/ash
Enclosures
.cooRJ'or us on tfie we6 at forestmvers.lawoffice.com
BEFORE THE REGISTER OF WILLS OF
OF CUMBERLAND COUNTY - PENNSYlVANIA
IN RE: ESTATE OF BEVIN M eOLIAN,
Deceased
No. 21 - 02 - 0284
ANSWER TO AMENDED PETITION FOR PROBATE
AND TO REVOKE LETTERS OF ADMINISTRATION
NOW COMES the Respondents, Jeffrey M Colian and Michele Colian,
Administrators of the Estate of Bevin M Colian, deceased, by their attorney, Forest N
Myers, Esquire, and answer the Amended Petition For Probate And To Revoke Letters
Of Administration as follows:
8. No answer to this Paragraph is required.
9. The averments of Paragraph 9 as to Decedent's marriage, divorce or
children born or adopted after the purported Will was executed are
admitted. The averments as to the manner of death of Decedent and his
capacity are conclusions and strict proof thereof is demanded at the
hearing.
10. The averments of Paragraph 10 are denied.
11. The averments of Paragraph 11 are denied insofar as they indicate that
Exhibit /I A" to the original Petition represents a Last Will and Testament.
It is admitted that the document identifies Petitioner, William D Barnett,
III as a beneficiary.
12. The averments of Paragraph 12 are denied.
WHEREFORE, Respondents request that the Register of Wills dismiss the
Amended Petition For Probate And To Revoke Letters Of Administration, and deny the
admission to probate of the document purported to be a Last Will and Testament.
't. l ~. 2.-<..=~
r
r"~
Forest N Myers, Esquire
Attorney I.D. #18064
137 Park Place West
Shippensburg PA 17257
Phone 717.532.9046
Fax 717.532.8879
e-mail fnmvers@earthlink.net
Date:
I verify that the statements made in the foregoing Amended Petition For
Probate And To Revoke Letters Of Administration are true and correct. I
understand that false statements herein are made subject to the penalties of
18 Pa. Cons. Stat. S 4904, relating to unsworn falsification to authorities.
Date: ~. Vi3 . 2..0-:>~
r - ~-X:--~
Forest N yers, Esq.
Attorney for Respondent
NATHAN C. WOLF, ESQUIRE
SUPREME COURT ID 87380
84 IOUTH PITT STREET
CARLISLE PA 17013
(717) 243-8080
ATTORNEY FOR PETITIONER
IN REI ESTATE OF
BEVIN M. eOLIAN, Dec....d
I BEFORE THE REGISTER Of WILLS Of
I CUMBERLAND COUNTY, PENNSYLVANIA
.
.
I NO. 21 - 02 - 0284
MOTION TO DISMISS CAVEAT
NOW comes the Movant. William D. Barnett. III. by his attorney, Nathan C. Wolf,
Esquire, and presents this Motion to Dismiss Caveat filed on December 11, 2003, by
Jeffrey M. Colian and Michele Colian. representing as follows:
1. Movant is William D. Barnett, III, an adult individual residing at 428
Dogwood Court, Carlisle, Cumberland County, Pennsylvania 17013.
2. Caveators are Jeffrey and Michele Colian, against whom a citation has
been issued as administrators of the Estate of Bevin N. Colianm, Deceased.
3.
11,2003.
Caveators filed a Caveat with the Register of Wills on or about December
4. Attached to the aforementioned Caveat was a document purporting to be
a Bond, the amount of which was set by the Register of Wills at three-thousand, five-
hundred dollars and no cents ($3,500.00)
5. Pursuant to 20 P.S. ~906(a), within ten (10) days of the filing of a Caveat,
the party filing the Caveat shall file appropriate bond in the name of the Commonwealth,
with sufficient surety, as the register of wills considers necessary, conditioned for the
payment of any costs which may be decreed against the caveator.
6. Movant believes and therefore avers that Caveators have not complied
with the statute and that in accordance with 20 P.S. S906(b), that the caveat shall be
considered abandoned. except as the register, for cause shown, shall extend the time.
7. Movant believes and therefore avers that Caveators were notified of the
deficiency of the "bond" presented to the Register on December 11, 2003 and took no
action to correct the deficiency.
8. Movant therefore requests that the Register issue an Order dismissing the
bond for failure to post adequate surety.
WHEREFORE, Movant, William D. Barnett, III, respectfully requests that the
Caveat filed by Jeffrey and Michele Colian be dismissed for failure to post adequate
bond and that the petition for probate be resolved to bring about a swift resolution in this
matter, and order any other relief as the Court deems appropriate.
Respectfully Submitted,
Dated: ~,di
Nath C. Wolf, Esquire
N LAW OFFICE
64 South Pitt Street
Carlisle, PA 17013
Supreme Court ID 87380
Attorney for Movant
VERIFICATION
I, Nathan C. Wolf, as counsel for Movant herein, hereby certify that the facts
stated in the foregoing petition are true and correct to the best of my knowledge,
information and belief. I understand that false statements made herein are subject to
the penalties of 18 Pa.C.SA Section 4094, relating to unsworn falsification to
authorities.
Date:
11;;(
/ ?
. Wolf, Esquire
I for Movant
NATHAN C. WOLF, ESQUIRE
SUPREME COURT ID S7380
84 SOUTH PITT STREET
CARLISLE PA 17013
(717) 24308080
ATTORNEY FOR PETITIONER
E
-
: BEFORE THE REGISTER OF WILLS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: ESTATE OF
BEVIN M. eOLIAN, Deceased
: NO. 21 - 02 - 0284
MOTION TO DISIYIISS CAVEAT
NOW comes the Movant, William D. Barnett, III, by his attorney, Nathan C. Wolf,
Esquire, and presents this Motion to Dismiss Caveat filed on December 11, 2003, by
Jeffrey M. Colian and Michele Colian, representing as follows:
1. Movant is William D. Barnett, III, an adult individual residing at 428
Dogwood Court, Carlisle, Cumberland County, Pennsylvania 17013.
2. Caveators are Jeffrey and Michele Colian, against whom a citation has
been issued as administrators of the Estate of Bevin N. Colianm, Deceased.
3.
11,2003.
Caveators filed a Caveat with the Register of Wills on or about December
4. Attached to the aforementioned Caveat was a document purporting to be
a Bond, the amount of which was set by the Register of Wills at three-thousand, five-
hundred dollars and no cents ($3,500.00)
5. Pursuant to 20 P.S. 9906(a), within ten (10) days of the filing of a Caveat,
the party filing the Caveat shall file appropriate bond in the name of the Commonwealth,
with sufficient surety, as the register of wills considers necessary, conditioned for the
payment of any costs which may be decreed against the caveator.
6. Movant believes and therefore avers that Caveators have not complied
with the statute and that in accordance with 20 P.S. 9906(b), that the caveat shall be
considered abandoned. except as the register, for cause shown, shall extend the time.
7. Movant believes and therefore avers that Caveators were notified of the
deficiency of the "bond" presented to the Register on December 11, 2003 and took no
action to correct the deficiency.
8. Movant therefore requests that the Register issue an Order dismissing the
bond for failure to post adequate surety.
WHEREFORE, Movant, William D. Barnett, III, respectfully requests that the
Caveat filed by Jeffrey and Michele Colian be dismissed for failure to post adequate
bond and that the petition for probate be resolved to bring about a swift resolution in this
matter, and order any other relief as the Court deems appropriate.
Respectfully Submitted,
Dated: 4~'f
By:
Nath C. Wolf, Esquire
N LAW OFFICE
64 South Pitt Street
Carlisle, PA 17013
Supreme Court 10 87380
Attorney for Movant
VERIFICATION
I, Nathan C. Wolf, as counsel for Movant herein, hereby certify that the facts
stated in the foregoing petition are true and correct to the best of my knowledge,
information and belief. I understand that false statements made herein are subject to
the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to
authorities.
Date:
,:1;{1
. Wolf, Esquire
I for Movant
NATHAN C. WOLF, ESQUIRE
SUPREME COURT ID 87380
84 SOUTH PITT STREI!T
CARLISLE PA 17013
(717) 243-41090
ATTORNI!Y FOR PETITIONER
IN RE: ESTATE OF
BEVIN M. eOLIAN, Deceased
: BEFORE THE REGISTER OF WILLS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 21 - 02 - 0284
CERTIFICATE OF SERVICE
I, Nathan C. Wolf, Esquire, counsel for the Movant, William D. Barnett, III, do
hereby certify I caused a true and correct copy of Movant's Motion to Dismiss Caveat to
be served upon the following person by facsimile and by placing the same in the U.S.
Mail on this date:
Forest N. Myers, Esquire
137 Park Place West
Shippensburg, PA 17257
(Counsel for Caveators)
Date: ,t~,)j y
olf, Esquire
W OFFICE
outh Pitt Street
Carlisle, PA 17013
Supreme Court 10 87380
Attorney for Movant
IN RE: THE ESTATE OF
BEFORE THE REGISTER OF WILLS OF
CUMBERLAND COUNTY, P A
BEVIN M. COLIAN, DECEASED
NO 21 - 02 0284
ORDER OF REGISTER OF WILLS
The caveat filed on December 11,2003 by Caveators Jeffrey and MichelIe Coli an is hereby
ABANDONED due to their failure to post proper surety bond pursuant to 20 P.S. section 906(a).
L
~
lenda Farner Strasbaugh
Cumberland County Register of Wills
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Restricted Delivery Fee
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PS Form 3800 June 2002 See Reverse lor Instructions
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BEFORE THE REGISTER OF WillS OF
OF CUMBERLAND COUNTY - PENNSYLVANIA
IN RE: ESTATE OF BEVIN M COLlAN,
Deceased
No. 21 - 02 - 0284
IN THE MATTER OFTHE ESTATE OF BEVIN M COLlAN,deceased, and in the
matter of a certain undated writing, offered to the Register of Wills of Cumberland
County, Pennsylvania, for probate as the Last Will and Testament of said Bevin M
Colian, deceased.
TO THE HONORABLE DONNA J OTTO, acting Register of Wills of
Cumberland County, Pennsylvania:
AND NOW, this l')h-- day of NOVEMBER, 2003, before the admission of the
said paper to probate, comes Jeffrey M Colian and Michele Colian, parents and heirs-at-
law of the said Decedent, before the Register and objects to the admission of the said
paper to probate as the Last Will and Testament of Bevin M Colian, Decedent, and file
this, their
CA VEA T
against said paper and against the probate thereof, and in support of this, their said
Caveat and objection, assigns the following
REASONS
1. That the paper offered for probate is not the writing of Bevin M Coli an.
2. That William D Barnett, III, has offered for probate the said paper and
that by reason thereof, certain material questions are in controversy
between these Caveators and the said William D Barnett, III, to wit:
(a) That the paper offered as the Last Will and Testament of Bevin M
Colian, deceased, is undated and unsigned and is not the writing
of Decedent.
(b) Whether or not the printed, not cursive, signature appearing at
the end of the writing is the signature of the Decedent.
(c) Whether or not the said writing was procured by undue
influence, duress, or constraint practiced upon the Decedent.
That the allegations set forth in Paragraph 2 (a), (b), and (c) concerning the
above issues made by this Caveat against probate of the said paper are denied by the
said William D Barnett, III, and thus material question as herein set forth are in
controversy between the parties.
3. That all persons interested in the said estate as heirs-at-Iaw, relatives,
next-of-kin, devisees, legatees, etc., so far as known are:
1. Jeffrey M Colian, father
2. Michele Colian, mother
3. Jason J Colian, brother
4. Nathan J Colian
5. William D Barnett, III
WHEREFORE, your Petitioners respectfully pray the Register of Wills of
Cumberland County, Pennsylvania, to refuse probate or certify the record to the
Orphans' Court Division under the provisions of Section 907 of the Probate, Estates,
and Fiduciaries Code.
Date: 1\ .tS". 2oo~
~7~~
Forest N yers, Esquire
Attorney I.D. #18064
137 Park Place West
Shippensburg PA 17257
Phone 717.532.9046
Fax 717.532.8879
e-mail fnmyers@earthlink.net
Date:
I verify that the statements made in the foregoing Caveat are true and correct.
I understand that false statements herein are made subject to the penalties of
18 Pa. Cons. Stat. 9 4904, relating to unsworn falsification to authorities.
// h~Jc,3
I .
if-c ~ ~~ :
Jeffrer? olian, Caveator
I verify that the statements made in the foregoing Caveat are true and correct.
I understand that false statements herein are made subject to the penalties of
18 Pa. Cons. Stat. 9 4904, relating to unsworn falsjfication to authorities.
Date: i J /-;JS/03
.~ (7/.
1 L (} 1D,1\ )
Michele Coli an, Caveator
BEFORE THE REGISTER OF WILLS OF
OF CUMBERLAND COUNTY - PENNSYlVANIA
IN RE: ESTATE OF BEVIN M eOLIAN,
Deceased
No. 21 - 02 - 0284
KNOW ALL MEN BY THESE PRESENTS, THAT we, Jeffrey M Colian and
Michele Colian, of Lancaster County, pennSYIVan~ are held and firmly bound unto the
Commonwealth of Pennsylvania, in the sum of - ~-=3. .-')()1) - Dollars,
to be paid to the said Commonwealth, to which payment well and truly to be made,
we do bind ourselves jointly and severally, for and in the whole, our heirs, executors
and administrators, and each and every of them, firmly by these presents.
Sealed with our seals, and dated the 2:,~ day of November, 2003.
WHEREAS, the said Jeffrey M Colian and Michele Colian, on the~ day of
November, 2003, filed in the Office of the Register of Wills of Cumberland County,
Pennsylvania, a Caveat against the admission to probate of any paper writing alleged to
be the Last Will and Testament of Bevin M Colian, deceased, or the granting of Letters
Testamentary, on the Estate of Bevin M Colian, deceased.
NOW, THE CONDITION OF THIS OBLIGATION IS, that if the said Caveator
shall pay any and all costs which may be occasioned by reason of such Caveat, and
which may be decreed by such Register of Wills, or by the Orphans' Court Division of
Cumberland County, Pennsylvania, to be paid by such Caveator, then this obligation to
be void, otherwise to remain in full force and effect
Sealed and delivered
in the presence of:
r
~c-
J
Je~~ar-~~
~,dVVJ (JnbJ
Michele Colian
~~
Estate of Bevin Colian
C&I Basic 1M
$5000 - Certification
12/11103 Reg of Wills Hearing
',~...'
.
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-$- 45:16,1746:256:2] 57:5 6:22 68:]2,\8 60:]66]:4,]262:\6
$5000 [SJ 16:2123:19 57:665:2466:]2 admission [II 14:12 arrangements[IJ 13:18 Bevin's[4] [5:746:18
24:252:2567:]3,13,]9 admit[1) ]8:]8 arrived [2] 8:]920:]8 56:]46J:3
67:20 -3- admitted[4j 2:89:21,23 arriving[IJ 21:11 biggest [IJ 13:24
3 [0] 14:9,]5,17 ]5:2 20:15 63:8 ashes [I] 13:22 Bill [10] 13:7,7,16 14:1
-1- 33:4 35:6 38:25 39:5 advance[IJ 68:6 aside [I] 49:8 17:16,1922:2423:2,7
30,000 [I] 67:15 advisement [I] 68:20 26:22
] [21] 7:15,17,20,238:23 aspects [I] 22:12 bit[2J 41:2055:24
9:2012:913:13,1420:5 34[IJ 2:4 affirm[l] 40:21 Assemb]Y[I] 1:11
20:1221:17 22:6 26:17 37 [I] 26:12 affirmatively [IJ 64:7 assets [31 49:25 67: 15,22 blinds [I] 42:18
31:2533:17 34:7 36:18 38[1] 2:4 again [10] 8:2312:1413:5 blue [IJ 45:10
36:23 38:25 39:5 assignment [I] 59:24 blurry [I] 46:22
]128 [IJ 28:20 27:2237:2142:2045:13 associated [II 22:5
-4- 57:361:2064:23 Boiling [5] 4:24 29:22
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29:7,8 34:9 52:21 asterisk [5] 13:15,21,25
]0:]0[1] 1:9 40 [21 26:]234:24 agree [I] 37:21 bottom [4] 9:8 13:1 26:24
] ] (2) 1:92:11 agreed [I] 67:12 26:18,21 33:24
40-hour [I] 34:22 attached [0] 8:25 9:3 brief [2] 25:9 54:4
] ] :48 [IJ 54:7 4] [II 2:5 ahead [I] 50:5 13:1421:18,2522:2,3 briefly[l] ]6:11
11 :49 [I] 54:7 428 [I] 41:17 alcoho1[3] 50:11 63:17 32:636:17
]2:09 [11 68:24 64:4 attend [I J 60:2 bring [I] 35:]9
14 [2] 2:11,13 -5- alcoholic [4] 62:12,14 attention [4J 8:22 12:9 brother [2] 48:8,9
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]6 ['] 13:1 22:10,13,13 50 [2] 46:1667:13 alcoholism [I] 50: 11 available [sJ 24: 16 25:5 building [SJ 16:2J 42:]7
]7 [6J 13:222:10,185]:4 500 [3J 67:13,18,18 alerted [IJ 8:14 36:8 37:22 40: 1 42:J8 51:10 53:1
51:5,19 54[1] 2:5 alive [3] 43:454:2355:12 aware[s] 4:156:4 8:15 built [IJ 53:24
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]8 [2] 2:1434:20 56:15,18,]957:22,23 along [I] 43: 13 awaY[3] 4:2246:1765:12 3]:833:665:23
19[1] 2:3 61:19,20 a]tered[l] 11:14 businesses [I] 49:10
always [5] 14:1 18:1,] -B-
-2- -6- 38:1445:7 B-a-r-n-e-t-t[IJ 4]:15 -C-
2 [10J 10:23 11:2,23 12:25 67[1] 2:5 ambulance [I] 48:22 Barnett[261 2:53:7,12 C[I] 1:17
]4:13,21,22 16:720:5,12 amount [3] 49:] 1 67: 12 12:20 13:3,4,7,8,13,16 ca[l] 16:18
22:9 33:18,24 34:4 38:3,4 -7- 67:20 ]4:] ]7:10 22:]6,18,24 camcorden4J 15:19,19
2002 [10] 4:19,206:23 7 [2] 2:9,9 analysis [I] 9:16 23:2,7,1926:2240:10,10 ]5:21,23
9:7,13 1] :20 20:25 26:7 7 :00 [II 56:20 Anile [131 2:429:11,13 41:8,1354:10 66:9,22 Camera[21 52:16,18
27: 18,25 28:20 42:2,9 29:1834:1938:2140:4 Barnett's [II 23:13 canceled [2J 37:18,21
43:2244:3 54:1255:2 -9- 40:11,16,17,18,20,24 basis [I] 31:l5 cannot[IJ 21:4
56:1466:12 Anile's [4J 13:2230:1 basketball [81 43:12,15
2003 [I] ]:9 9[1] 2:9 47:13 48:9 54:17,]855:956:2,6 capacity [I] 49:21
2] [11] 11:2513:517:8 9:30 [3J 8:]2,13 20:25 anSWer[6] 39:844:18 59:13 carers] 17:4,551:16,16
22:21,25 33:24 38:4 49:9 50:5 58:5,6 61 :14 bear[2] 9:1427:11 63:5
49:1163:2564:2 -A- answering[o] 44:19 hecame[l] 41:21 Carlisle[3J 1:11 41:17
21-02-0284 [IJ 3:4 60:5,7,8,2461:4,8,1262:3 become [IJ 66:13 68:8
2]-02-2084[1] 1:2 a,m[3] 1:954:7,7 anywaY[IJ 48:18 began [I] 26:13 case[l] 17:25
24th [II 11 :20 able [4] 31 :21 36:6,10,14 apartment[421 5:615:8 begins [IJ 33:4 cash [3] 16:21 23:1924:2
25 [1] 2:3 above [I] 51:l0 ]6:]7,2121:l0,12,13 behind[l] 55:13 cassette[2J 23:13 25:18
25th [IJ 43:6 abuse[3] 63:6,15,17 23:13,]5,]724:2,5,842:3 behoove [I] 68:17 cassettes [I] 15:20
abused[3J 50:10 62:13 42:5,2443:1,16,1744:]3 casually [1] 30:23
26th [14J 43:6,20,21,22 64:13 44:]445:2,22,2546:4,8 benefit[IJ 66:17 caveat[oJ 68:4,7,13,17
43:2544:1446:5,654:11 46:17,2348:1251:8,9,10 beside [IJ 20: 13
55:2,12,1559:]161:]1 according [I] 56:22 53:154:1155:8,]156:14 68:20,22
27[IJ 2:3 accurately [3J 34:5,7 57:7 59:8,11 65:24,25 bcst[loJ 12:1217:1420:6 CDs[IJ 53:14
27th [14] 43:644:3,13,14 69:2 appear[18] 9:17,1812:3 20:9,9,1523:2524:326:] cell [13] 44:17,1945:5,6
27:628:93]:2333:22
57:7,8,12,1758:15,16 acquaintances [2J 63:3 12:7,12,1425:1332:7,10 52:8 55:] 63: 10 64:6,9,25 45:7 58:22,25 60:5,9,16
59:] ],1560:4,]9 63:4 32:13 33:8,]4,]6,20,23 better[6] ]8:]832:14,16 6]:15,J862:5
28 [IJ 42:2 Acting [IJ 1:8 39:1,6,10 32:1833:10 36:21 certain [IJ 22:12
28th [34] 4:]9,209:7,13 additional [2] 25:22 APPEARANCES [I] between [4J 10:25 57:7 certainly [I] 63:9
26:6,727:18,2542:8,9 68:2 1:15 67:13,18 certificate['J 35:18,19
43:2344:]2,1656:1457:3 address [4J 6:1629:19 appeared [IJ 26: 11 Bevin [32] 1:23:34:12 36:737:12
57:7,13,19,20,21 58:17 41:1668:11 appreciate[l] 17:18 9:11,1411:22 ]2:2 ]4:4 certificates [3J 31:9
58:19,20,2359:5,660:4,6 addressed [IJ 3:8 appropriate [1] 68:12 ]6:1321:1922:727:1,2 35:14,21
60:7,20,21,2361:3,11 adjourned [IJ 68:24 area [2J 25:20 60:3 30:23]:1936:737:3,6 Certification [I] 27:14
29 [2] 2:4,14 38:141:2046:11 54:14
Deborah Zepp, Court Reporter (717) 528-8373
Index Page I
Estate of Bevin Colian
C&I Basic TM
certified - filling
12111103 Reg. of Wills Hearing
'"
.
ccrtified [I] 28:4 concerned [I] 40:]2 dark [1] 42:6 documents [23) 2:11 5:5 everybody [2] 48: 14, 15
certifY[3J 16:4,769:1 concerning[IJ 22:10 date[11] 1:94:]88:10 9:3 5:10,25 6:3,13 9:25 10:3 evidence[1] 3:216:9,]7
chair[2] 19:2420:] concluded[l] 18:14 9:6 11:1925:25 26:2,4,5 10:5,2511:1 12:16,20,24 8:223:1866:11 69:2
chance [IJ 23:11 conducted [I] 3:5 27:17,2428:19,2243:7 14:5,719:]8,21,23,25 exact [I] 20:8
43:23 55: 11 20:1240:]666:10
changed[2] 6l:9,12 connected [I] 15:19 dated[3) 9:]2,13 11:17 Dogwood[IJ 4]:17 exactlY[4J 16:2422:]7
characterize [IJ 37:9 considered[l] 8:17 done[2) 22:1944:25 22:2563:]
days [4] 30:12 56:24 57:] examination [12] 4:)
characterized [I) 64:6 considering [I] 64:24 57:2 DONNA[l] 1:8 J9:7,21 25:10 27:9 29:15
check [1] 2:]34:2] ]5:3 consists [I] 21:]7 dead [2] 17:546:20 door [2) 45:5 58:3 34:17 36:17 38:19 41:10
33:4,537:1642:16 contact [3] 35:550:15 death["J 4:]6,185:] 8:5 doors [IJ 42:19 54:8 67: 1
checks [3] 35:637:]8,22 51:24 12:1727:15,17,2428:2 down [IJ 6:7 examine [IJ 25:5
Chief [2] 4:8,10 contained [2J 15:2069:2 28:11,]630:11,173]:5 drank [2J 63:21,23 examined [3J 3:2529:13
child [1] 62: 13 containers [I] 24:9 50:]8,1852:]3 53:16 draw [2] 12:926:16 4]:9
choices [2] 13:11 23:3 contemplating [2] Deborah [2] 1 :23 69:7 Drawing[l] 13:12 except[2] ]7:228:20
Chris [12] ]7:1643:10,15 64:20 65:1 debts [II ]6:16 drew [2J 18:5,5 exception [I] 11:15
43:]954:12,2055:4,7,13 control [2] 16:1919:16 deceased[3J 1:319:11 excerpt[3] 16:1418:13
55:]7,21,22 cook [2J 35:2,3 65:16 drink [IJ 63:]9 18:24
Chris's [I] 43:18 copies [6] 5:116:1310:4 decedent [1] 8:5 19:22 droVe[2] 40:11 46:]5 excess [I] 67:]5
circumstances [2] 4:]5 11 :4,9,14 20:425:13,1430:241:18 drug [I) 63:6 Excuse[3] 23:1539:23
43:8 cops [I] 45:20 decedent's [2] 10:9,11 drugs [IJ 63:]5 57:12
clarification [21 12:16 COPYl81 11:1614:10 December [1) 1:9 Dudley [2] 41 :8,13 excused [SJ 29:4,940:12
26:]8 15:25 16:4,825:1928:4 decided [I] 43:14 due [IJ 44:5 40:13 41:6
clarified [I] 36:16 69:3 decision[3] 18:668:14 DUFFIE[I] ]:2] execute [I] 37:3
cleaT[2] 5:22 19:9 coroneT[4J 4:8 20:22 68:21 duly [2] 3 :25 41:9 exhibit[42] 6:17,19,22
client[11 57:15 25:4 28: 10 definitely [I] 50:9 dumpsteT[IJ 13:23 7:9,15,17,20,238:239:20
clients [I] 67:]2 coroner's [8] 4:256:18 delay[l] 68:2 duress [IJ 49:21 10:2311:2,23 12:9,25
close[3] 14:355:1963:2 8:6,7,1310:6 11:JO 15:16 department [IJ 8:20 during [3] 50:1 51:2,22 13:13,14 ]4:8,15 18:16
correct[so] 4:199:1,2 18:1920:5,]52]:1722:9
closed [IJ 68:23 11:4,5,816:4,819:15,18 Deputy [31 4:8,10 19:9 26:17 29:7,8 31:25 33:4
closest [IJ 16:23 19:]920:1921:1,2126:15 describe [2] 41:1949:]4 -E- 33:17,18,2434:4,7,935:6
closing [3] 67:7,10 68:12 26:2527:15,18,2428:1 description [3) 2:8 E-c-k-e-n-r-o-d-e [IJ 36:1837:638:339:5
coffee [2J 20:13 27:4 31:339:1,13 40:19 44:13 49:22 50:7 52:21
54:21,2455:3,5,10,14 4:6 exhibits[2) 2:7,15
coins [1] 24:9 desire [I] 18:2 earmarked[IJ 12:25
56:1557:4,558:2,459:17 determination [2] 4:25 existed [I] 66:11
Colian [44] ]:2 3:3 4:12 59:19,2161:13,1662:11 eaming[IJ 16:23 experience[IJ 9:17
4:14,229:1410:13 11:12 62:18,21 64:1065:1 I 66:1 6:10 Eckemode [12J 2:3 3:22
11:12,22 12:3 13:18 14:4 66:5 67:15 69:4 died [I] 4:23 3:244:46:3,11 7:229:25 expert[3J 9:16,]912:14
16:13 ]9:10 23:20,21,23 couch [I] 19:25 different [I] 24:8 19:3,927:829:2 explain [IJ 8:25
24:527:1,230:2,6,18 counsel [4] 1 :20 8:23 difficult [I] 7:7 effect [2J 22:22 61:4 extent [3J 24:4 36:6 60:25
31:1932:2534:5,11,]9
37:1438:21 39:1841:18 24:25 29:3 direct [11] 2:24:1 ]9:20 efforts [I] 13:24
43:349:],13 50:7 51:],22 count [2] 26: 10,11 29:1536:]638:441:10 either[5) 12:1923:767:6 -F-
52:2353:21 55:2,6,13 County IS] 1 :1,10 3:2 4:8 54:1055:656:13,17 67:1868:14 fact [3J 26:848:13 64:13
Colian's [36] 5:1,56:1,4 20:22 directions[4] 13:17,20 emancipated[2J 51:5 fair[IJ 41:24
12:17 23:15,17 31:22 32:1 couple(6] 19:630:12,19 15:1249:19 51:18
32:13 33:8,14,2],23 34:7 51:11 54:5 66:9 directly [I] 20:13 employer/employee familiar[sJ 12:2333:25
36:7,10 39:10 42:3,5 discovered [IJ ]5:10 34:266:2267:3
49:19,1950:1 52:2553:12 course [I] 31:8 [I] 3]:2 family [12J 10:8,9 13:6
53:13 54:11 55:8,11 57:7 Court[S] 1:],244:11 discretion [IJ 67:19 employment[l] 39:15 13:10 17:11 22:2323:1,3
59:8,11 60:7,8,1666:22 41:1769:8 discuss [2] 62:22 65:8 end[s] 11:24,2521:19 41:22 49:14,24 50:8
collect [I] 19:17 Courthouse [I] 1:10 discussed (IJ 52:12 22:7 67: 17 far['J 8:1616:1720:4,8
collected['J 8:],6,10,11 cremated [I] 23:1 discussion [6] 7:14 ending [I] 63:5 25:2037:538:340:12
11:6,1119:]420:2423:17 cremation [I] 13:22 10:22 ]6:1225:836:4 enjoy \II 16:22 64:12
collectively [I] 7:20 cross [0] 2:2 19:5,7 34:15 67:9 enteT[2J 42:2445:25 Farewell [IJ 14:4
coJlege 14] 59:2560:1,2 34:1754:2,5,8 dispatched[l] 21:3 entered [4] 45:22 46:7 fatheT[3J 10:1150:12
60:3 Cumberland[4J 1:1,10 disposed [3J 68:13,17 65:25 66:3 64:]6
commit [I] 52:9 3:24:8 68:22 entire[IJ 19:1 feet [4J 20:14,1627:4
committed [1] 24:6 cursive [S] 12:731:11 disposition [1] 49:24 ESQUIRE[2J 1:17,19 46:16
COMMON[I) 1:1 32:]7,2137:7 divorces [IJ 48:5 establish [IJ 28:2 felt [2J ) 3 :23 50: 13
Community [I] 60:3 customers [2] 35:9,16 Docket [I] 3:3 estate [6J ):23:3,34:15 few [I] 38:17
complete[2J 18:17,17 cycle [II 58:12 document[2S1 5:146:4 31:1949:11 file [2J 3: 18 68:8
completed[IJ 27:]4 6:6,9,10,207:48:2411:17 estimate[2) 20:1630:18 filed (31 3:7 6:23 68:21
-D- 11:23,2412:4,7 13:17 estimated [2] 28:3,11 filing [I] 68:6
Complied [2) 27:21 14:316:821:1922:12
28:14 D(1] 3:7 27:1928:1031:2132:12 evening[2) 43:561:24 filled [IJ 35:14
comprised [I] 7: 17 daily [I] 31:15 33:4,9 38:3 events [IJ 42:2 filling [I] 39:]9
Deborah Zepp, Court Reporter (717) 528-8373
Index Page 2
Estate IIf Bevin Colian
C&I Basic 1M
final - message
12/11/03 Reg. of Wills Hearing
',,-
Ifinal[l] 13:18 goeS(2J ]6:1749:18 item [If 26:18 left [oJ 23:13 45:B 55:11
fine [31 18:22 23: II 29:21 gone (7J 42:22 45:9,]2 -I- items [7J 7:208:4 13:21 59:2,1061:20
'irst[32] 7:19 B:14,19,21 50:] B 62:9,23,25 idea [IJ 52:9 19:1320:9,2427:3 lended[l] 53:14
9:3,9 12:6 21: 1 B,24,25 good [3] 22:1941:21 65:6 identified [3J 2:8 ] 1:2 itself[l] 29:7 less [IJ 30:10
22:2,3,3,B 31 :25 32:5,6 grandfatheC[81 49:B,9 20:5 letter-sized [2J 2:97:IB
32:1133:17,2536:17,20 65: I 0,12, I 4,] 6, IB,20 identify[l41 5:21 6:1,6 -J- Letters [4] 3:66:22 6B:16
36:22,24,25 38:6,8,10 grandmother[2J 17:12 68:16
44:17,22,2248:2] 6:B 7:4,B,22 B:24 9:10 J[11 1:8
fits [I] 15:20 50:21 12:22 ]4:8 ]5:2 ]9:17 January[20I 4:18,20,20 life [IOJ 13:24 17:2,24
five [3] 26:11 2B:20 46:19 Grant[2] 68:15,16 43:]B B:11 9:7,13 11:2020:25 IB:3,5 50:1,15 64:8,25
greW[2] 55:21,22 III[3J 2:541:B,]3 26:5,727:]7,2542:2,6,B 65:2
Fiveish [2] 57:24,25 group [1] 15:16 imagine [IJ 54:4 42:943:6,20,21,2244:3 light [IJ 53:22
fix [II 2B:I0 guess [5] 3:16 IB:15 36:2 immediatelY[3J 50:17 45:1654:1255:256:14 lights [I] 4B:22
fixed [I] 27:24 49:967:13 51:7,9 66:12 likely [2J 52:3 6B:5
flasWightl2] 46:15,17 guessing [I] 2B:IB imprinted [I] 15:3 JeffreY[2] 10:13 11:12 listed[IJ 67:15
Floor [I) 1:11 Guest[4] 2:13 15:333:4 inches [IJ 17:22 Jess[2] 42:1447:4 lived[.] 51:1,2,7,9,11,14
folks [IJ 23:12 35:6 Incidentally [I] 16:7 Jessica [3J 47:23,24 57:4 51:15,1565:1B
folIoW[1] 15:11 gUY[l] 17:13 included[l] 15:12 job [IJ 34:25 lives [3J 44:2346:14
followed [IJ 48:22 Including [IJ 64: 13 JOHNSON[IJ 1:21 50:21
following [1] 16:14 -H- incorporated IJ J 18: 16 Jordan [1] 15:7 living [4] 15:10 51:B 55:2
follows [31 3:2529:14 JRIJ] 1:22 65:14
H[ll1:22 INDEX II] 2:1 locate [I] 36:6
41:9 halfllOJ 30:B,20 31:3 indicatel4J 21:459:7,10 jumP[IJ 17:22
FOREST[2J l:1B,19 34:2142:1246:1156:24 64:25 Jury[JJ 1:11 locations (2J 63:5,]3
fonns [2J 39:20,23 57:1,1,2 indicatedl"J 5:16,19 locked[lI42:]9
forth [31 7:9,11 20:5 hand [I] 19:24 20:10,2321:1622:6,15 -K- longer [3] 30:20 34:22
forwarded [2] 28:7,8 handwriting [20] 2:10 24:11 27:1732:4,14,19 51:5
foster[31 51:14,1563:6 2:13 7:1B 9:16,17 12:13 32:21 33:10,2534:3,6,19 keep [IJ 51:24 100k[4] 14:11 31:25
31:6,1O,11,2232:1.B,13 35:1236:]7,21,24,2537:4 key [2] 43:1 46:14 37:2046:10
found [101 5:5 8:5 15:B 32:21,2233:B,14,16,20 37:13 3B:7,9,10,15 55:7 kid[IJ 18:1 looking [41 14:13 27:11
19:11,21 20:10,13 24:3 33:21 35:1336:1438:23 56:13 62:16 64:19 kind [3] 18:B 46:22 4B:23 43:7 53:3
27:4 64:22 39:1,1367:3 indication IJJ 24:7 looks [3J 33:25 34:2,4
four[4] 46:1947:16 4B:12 knew[o] 30:IB,23 31:2
58:20 happy [3J 14:250:16 indicatoC[2J 26:10,11 4]:2049:2351:22 100se[5] 2:97:1721:17
fourth [3] 1:11 26:18,21 62:17 individuals [21 25:24 Knocked[IJ 45:5 24:9 36:23
Harrisburg [I] 60:3 46:25 knowledge["J 4:]1 loud [21 5B:7,B
frankly [I] 6B:9 he'd[l] 31:14 influence [1] 49:22 lucky [IJ 16:20
frequently [I] 31:13 5:25 9:IB ]2:13,20 15:11
hear [31 39:B 42:19 5B:25 inherit[lo] 13:2,7,16 20:6,9,1623:2524:326:1
friend III] 17:1542:13 heard['1 45:546:10,17 14:1 17:822:16,17,24 27:6 2B:9 31:1B,23 33:22 -M-
43:1147:2 52:B 55:19 49:1 5B:7,B,9,11 61:1B 23:2,626:22 3]:IB 49:2,5 34:11 49:4 51:1,3,4,IB,19
63:10 64:6,9,25 65:6 hearing[3] 3:1,523:19 65:9,2] 52:1553:5,7,955:1 M[4] 1:210:13 11:22 12:2
friend's [I] 54:19 held[7J 4:97:]410:22 inheritance [21 50:22 known [21 52:3 53:23 machine[.] 44:1960:5
friends [5] 22:1941:21 16:1225:836:467:9 65:9 60:B,B,9,24 61:4,12 62:3
41 :2253:25 63:2 help [IJ 17:23 inheriting [1] 17:7 -L- machines [JJ 61:B
friendship [II 53:24 hereby [1] 69: 1 initial[l] 21:22 landlord[loJ 45:19,21 mail [3] 44:1960:11 62:6
front [2J ] I :22 29:22 high [3J 55:22,25 59:25 innermost [IJ 64: II 45:22,2346:748:9,11,13 majoC[l] 59:23
fulIYll1 69:2 higWighted[l] 13:21 inside[4J 15:2021:13 4B:15 66:2 makes [J) 14:2
funeral [2] 13:2228:7 42:1945:6 landlord's [II 42:15 manner(2) 5:1,2
funnY[l] 45:1 himself[2] 44:2563:17 instance [I] 39:16 large [1] 19:21 mark [II 29:6
hold 14] 37:2442:11,15 instances [II 23:5 last [25] 4:5 12:3 15:7 marked [131 2:87:B,15
56:23
-G- HoIlY[11 46:15 instructions [IJ 15:12 17:1421:22 22:B 24:11 7:2310:2311:414:]5
G-a-u-m-c-r[JJ 47:11 intended [lJ 6:5 36:2541:1443:3,9,18 29:8 31 :24 33:3 35:6
home (1J 2B:7 29:20 interpretation [lJ 23:10 44:10,11,22 46:4 47:6,19 52:21 66:10
game [01 43:12,1554:17 51:14,1554:1561:21 63:6 4B:4 50:1 51:254:20,22 married [II 48:6
54:1855:959:13 hope[2] 16:21 17:19 interviewed [31 4B:24 55:1,12 matter(2J 4B:13 6B:20
Gaumer(71 42:1447:4,8 HopefuIlY(1) 17:12 48:2566:14 late [I] 44:2
47:19,2548:] 57:4 hours [2J 26:1234:24 investigated [1] 23:18 laugh [1) 22:20 matters [2] 3:B 68:21
generaIly[ll 3B:22 house[4J 43:1144:2,17 investigating[l] 15:16 LAW[2J 1:16,IB may [11] 3:20 10:2027:20
generiC[l] 61:7 investigation [3] 8:4,6 40:1346:1247:9,10 49:5
54:19 leading [I] 39:2 49:2561:764:16
gift[7] 31:9 35:14,IB,19 Houseq51 42: 13 47:2,22 19:10 leaning [lJ 15:9 mean[7] 17:16,2251:6
35:21 36:737:12 47:23 57:4 invited[2J 41:2143:13 least[lJ 11:926:23 6B:1I 52:7,B 53:14 55:21
girl [11 47:4 hundred (1) 17:17 involved[4] 13:619:10 leaVe!51 16:1650:246]:5 measurements [1) 20:B
given [OJ 13:2,20 22: IB hung [21 41 :21 54:25 22:23 23:1 mention [1) 50:22
IRWIN[JJ 1:16 62:3,5
40:22 49:23 53: 12 hurry [IJ 4B:23 LecAnn!4] 47:1848:2,3 mentioned [1) 50:17
giving(3) 17:13,21,24 issue [4J 24:22 36:2 49:20
67:20 57:4 message [lIJ 44:1B,20
Deborah Zepp, Court Reporter (711) 528-8373
Index Page 3
Estate of Bevin Colian
C&I Basic 1M
messages - rapped
12/11/03 Reg of Wills Hearing
.
60:13,15,19,23,2561:1,3 58:8 63:3 16:10,1225:836:3,4 67:8 15:2449:2550:10 51:2,3 possessiOn[121 6:188:7
61:5,12 necessary [I] 24:22 67:9 51:6,2452:464:14 10:6 11:10 15:22 16:2
messages [31 60:5 62:3 need [7] 3:1710:1628:13 offer [II 40:9 part [131 8:4,6 12:524:16 19:23 24:5 28:10 35:22
62:5 28:2439:2240:1267:10 offered[IJ 18:16 24:2125:19,2337:22 37:1939:25
Michael [2J 15:6 20:22 needs [31 13:10 23:3 29:5 Office[lll 1:16,184:25 50:13,]551:562:1768:11 possibly [3J 50:11,12
middle [1] 21 :22 neVeT[lSJ 37:12,2546:23 6:188:8,1410:611:10 Parties [2] 7: I 6 10:25 55:]6
might [2J 17:24 35:24 46:2447:10 56:20 60:15 15:1628:8 36:8 parts [IJ 12:7 Post-it [IJ 12:25
mind [2J 6:4 36:22 60:1761:9,1463:2164:19 offices [II 25:5 Party [I] 67:6 practice [IJ 10:12
mine [21 42:13 47:2 64:2265:8,25 old [I] 35:2] passed [2] 4:22 65:12 prepared [1] 68:10
mine's {I] 43:11 next[61 13:9,2518:237:5 once[2J 45:251:4 past [2J 24:9 62:9 presence [II 63:23
minutes [51 18:2026:12 56:2058:13 One[lSl 2:95:177:17 paY[2] 37:14,16 present[4J 1:2019:13
54:5 58:20,21 nice [II 68:6 13:23 15:2020:1421:17 Pennsylvania [101 1:1 34:8 52:20
mislead [II 28:17 night[7] 8:12,1343:12 21:2322:1923:824:3,11 1:11 20:19,21 21:2,6,11 Press [IJ 15:6
moment[3] 7:13 40:3 44:2,3 45: 19 66:20 27:3,4,11 32:]834:6 24:141:1766:4 pressure [II 18:10
54:4 nobody [II 45: II 35:23,2537:4 38:7,12 people [4] 16:16 17:4,24 pretty[31 31:1244:23
Nodded [II 64:7 45:10 47:7 48:14 50:25
Monday [9J 43:23 44:5 51:2356:24,2557:258:3 54:22 55:17
44:1545:3,456:2557:10 None [IJ 48:22 58:11 60:1761:1562:9 percent[IJ 17:17 previously [4J 38:23
57:13 61:17 Nope [IJ 64:21 ones [IJ 34:1 Perhaps [II 39:24 39:1340:2261:14
money[lll 13: I 16:22 normal [IJ 10:12 opening [31 3:11,15,17 period [IJ 28:21 print[7] 31:1032:16,25
16:2317:722:16,1724:4 normally [21 35:5 37:6 opportunity [8J 5:88:24 person [3J 17:256:22 37:638:1,2239:9
49:750:2365:10,21 Norris [31 20:2224:23 10:1825:13 31:5 34:8 66:3 printed [13] 12:4,10,11
months [31 30: 19 34:20 27:14 35:1339:12 person's [I] 16:20 14:426:]7,2332:J2,22
51:12 notation [I] 18:23 opposed[IJ 37:10 pertinent [IJ 25:20 37:10 38:22 39:1,13,18
morning [I] 50:25 printing [4J 12:833:J2
most [6J 12:5,23 34:4,7 note [3J 6:1613:1 18:19 opposing [IJ 8:23 Petition [llJ 3:5,66:19 39:7,10
52:3 68:12 notebook [I] 20:5 ordeT[3] 31:1435:836:13 6:20,2220:12,1267:14 Probate [3J 3:667:14
notepad [4J 5:2020:1,15 68:14,15,15
Mostly [I] 63:4 orders [3] 35:1,936:11 PetitioneT[4] 1:173:10 68:15
21:24 original[12J 5:15,176:17 problem[3J 14:1440:14
motheT[18] 42:1445:9 3:2029:10
45:1247:448:2,350:11 notes [2] 20:4 69:2 6:20 10:3 11:10 16:5,8 Petitioner's [25] 7:15 45:15
50:12,19,2451:2462:10 nothing [llJ 19:328:25 22:22 28:4,5,6 7: 17 8:22 9:20 10:23 11:2 proceed [3J 3:2038:18
62:12,15,16,19,2364:16 34:1440:5,6,8,2353:15 originals [6J 5:11,12,13 13:1214:13,15,17,2115:2 50:3
Mount[11 46:14 66:7,2567:5 10:4,5,16 16:721:1622:626:16 proceeding[3J 24:17
move [II 14:12 NovembeT[1] 6:23 OTTO [II 1:8 28:1929:831:2533:3 37:2340:19
music [31 58:7,9,11 nOW[32J 3:17:1 12:19 own [2J 64:2565:1 36:18,23 38:4,25 39:5 proceedings [6J 1:5
Myers (7IJ 1:18,193:16 15:816:1918:6,719:20 owned [2J 49: 10 65:22 phone [20] 35:7,936:11 53:2268:5,2469:1,3
20:18,2321:4,1622:9 42:1543:1 144:]7,18,19 produced[IJ 10:16
5:21 6:2,8,13,197:1,4,7 23:11,2527:14,2235:12
9:22 10:15,20 14:11,14 37:5,1443:2550:17 51:1 -p- 45:6,746:958:22,25 60:5 property [2J 6:1 23:6
14:18,22,2418:12,18,25 55:1556:13 57:6 59:15 60:9,1661:5,15,1862:5 provide [3] 6:5 24:23
19:6,822:1 23:16,22 60:4,1961:1768:18,23 p,m [51 20:25 55:16 57:24 photographs [4J 20:7 68:2
24:2025:3,627:10,21,23 57:25 68:24 24:11,14,23
28:2429:534:15,16,18 number [3] 13:23 42:15 p.m. [IJ 57:23 pick[IJ 60:16 provides [IJ 67:18
36:1,538:11,1639:240:5 46:9 PI [IJ 2:9 pizza [31 29:2430:15,25 Public [IJ 69:8
40:7,14,1541:1,347:6,8 numbered[l] 33:17 P2[IJ 2:11 place [31 1:10 3:1 18:5 purpose [3] 54:1467:21
49:1754:6,956:9,11,12 numerica1[21 2:1211:1 P3 [IJ 2:13 67:24
57:14,1658:1860:14,22 places [II 41:22 purposes [2] 29:21 40:25
63:9,11 66:667:8,10,16 -0- P4[112:14 play [4] 15:6 56:2,6 58:12 pursuant [I] 3:5
67:23 68:3,8 pads [IJ 33:5 played[2J 16:1449:25 put [51 13:23 35:24 49:8
obituary[2J 13:2217:1 page [47J 2:9 7:17 8:25 playing [4J 42:20,21 58:7 51:1761:15
-N- object [2] 3:166:2 9:3,12,12,13 11:21,22,25 58:9 putting [I] 18:10
N[21 1:18,19 objection [llJ 9:22 14:14 12:6,10 13:1,2,5,1421:18 PLEAS[IJ 1:1
14: 19,20,22 18:25 25: 1 21:24,2522:2,3,5,13,13 point[lSJ 8:13,1716:10
name [391 4:3,5 9:9,11 29:3 39:2 56:8 63:7 22:18,21,2526:1732:5,6 -Q-
12:321:2222:4,826:23 objections [I I 3: 18 32:6,7,1233:1,17,17,24 24:726:13,1729:4,10 questioned [II 22:10
29:17,2532:11,2533:25 36:17,19,22,23,24,2537:5 40:1042:2444:2446:21
36:20,24,2537:1,10,10 observe [3J 25: 13 38:22 38:4,25 39:5 46:2248:666:10 questions [6] 19:627:7
37:11 38:1,1,5,6,8,10 39:13 pages [4J 7:1921:17,23 police [16] 8:2020:19,21 38:1740:454:166:9
39:1941:12,1442:14 obtain [3J 8:3 20:7 52:25 22:10 21:3,7,1124:145:21 quit[IJ 30:12
43:1845:2346:1847:4,6 obtained [II 12:17 papeT[sJ 2:9 44:5 59:20 46:2148:19,21,24,2566:4 quote [2J 65:9,9
48:4 54:20 66:3 66:14,14
name's [2J 47:18,19 obviously [51 4:1425:12 59:22,24 portion [51 18:1523:12
49:1968:4,13 paperwork [I] 50:23 -R-
narrow [II 6:7 occasion [31 37:1438:22 paragraph [IJ 13:6 26:234:1252:20
Nathan[2) 1:1768:9 59:4 portions [I] 25:25 radio [II 42:19
nature[2J 4:11 53:22 occurrence[IJ 51:23 paragraphs [II 23:8 position [2J 4:7,9 raised [IJ 49:20
NBA[1117:19 odd [41 45:664:22,24 65:4 paraphrase [I] 22:21 positive [4] 47:1848:4 RALPH[IJ 1:22
necessarily [3] 48: 17 off[lll 7:12,1410:21,22 parents [111 10:10,11 49:1262:14 rapped [IJ 58:3
Deborah Zcpp, Court Reporter (717) 528-8373
Index Page 4
Estate of Bevin Colian
C&I Basie 1M
'-
RatheT[l] 7:10 regular[l] 34:22 Salvatore [6] 2:4 29:11 eg.o s Heanng
RE [1] 1:1 relationship [1] 3]:3 29:13,]840:1747:13 signatures [I] 37:2 10:25
signed[2] 10:1137:10 stopped [1] 44:17
read [6] 13:9 15:5 22:22 41:1849:13,14,2350:8 samples [IJ 33:20 similar [1] 12:15
23:8,926:20 53:21 Saturdan6] 43:5,12,20 strange [2] 44:2462:8
reading [2] 22: 15 23:9 released [2] 11:11 15:24 43:21,2346:6 similarlY[l] 11:6 Street [I] 29:22
reads ['I 22:2523:127:1 relevance[4] 49:17,18 saw [1J 37:12,2538:12 simplY[l] 6:]6 strong [1] 53:24
real [1] 65:6 56:8 63:7 43:5,955:2,12 SisteT[lJ 47:14 stuff [2] 35:453:14
realized [IJ 45:14 relevant I'] 49:24 50:2 says I'] 13:322:1726:21 sister-in-law [1] 47:14 sub [I] 31:1
realizing [1] 20:3 63:9 scene[14] 8:2,14,17,19 situation [I] 16:18 subjeet[2J 18:]619:1
really [12] 3:17 16:18,24 remain [1] 53:25 10:1 11:7,11 12:1714:6 Six [1] 29:22 submit [1] 6:9
] 7:25 37:25 41 :21 42:13 remained[l] 55:13 20:18,2024:12,2448:20 slice [1] 31:] subpoena [2] 24:22 36:2
45:13 50:13,]4 59:23 67:4 remaining[l] 12:7 seheduled [I] 3:2 small [I] ]5:20 subs [1] 35:4
reason ['J 6:21 18:4 remedy [I] 68:2 sehool [4] 30: 16 55:22 sold [I] 35:16 sudden [1] 45:10
50:14 remembeT[6] 26:7 35:24 55:25 59:25 SolicitoT[l] 1 :22 sufficient [1] 40:25
receipt[3] 2:13 10:12 42:1450:1260:1866:19 Scott [5] 42:13 47:2,22
15:3 remind[l] 40:]5 47:2357:3 someone [4] 19:1635:18 sufficiently [1] 50:2
scribbled [2] 12:2,3 64:8,24 suicide [4] 5:4 24:6
receive [2] 49:8,11 rendered [I] 68:21 sometime[2] 50:18
received[1] 53:18 seated[l] 35:10 52: 10 64:20
renting [1] 4:23 61:11 Sunday [10] 44:1,2,2,15
recent [I] 62:9 repeat[,] 13:2558:14 Sebastian [2] 48:5,7 somewhere [1] 17:20 54:24,25,2557:8,13 59:18
recess [2] 54:4,7 64:23 second[B] ]3:5,1427:12 45:1250:1851:2362:9 supervision [I] 19:17
recognize [0] 6:25 31 :22 rcpeating [1] 58:11 32:638:5,6,1267:8 62:1967:12
seconds [2] 26:1246:19 suppose [IJ 5]:6
32:2,14,16,1833:10,12 Reporter-Notary [2] song[3] 42:2058:11,14 supposed [2] 17:765:9
38:5 1:24 69:8 secrets [1] 64:11 soon [1] 50:18
recognized [2] 36:19 request [5] 17:1 24:21 secure [2] 19:1767:22 sorry[1] 13:816:1623:23 sustained [1] 39:3
38:5 24:2325:1 36:1 secured [1] 8:18 33:1939:841:558:19 SWear[l] 40:21
recognizes [2] 32:21,22 reserve[l] 68:12 see [lB] 10:2014:1825:6 sort [2J 49:2] 65:23 sworn[,] 3:2540:1741:9
recollcction [4] 20:9 residence [1] 4:23 31:6,13 32:25 35:13 36:10 sounds [I] 47:11
27:628:15 59:23 respect[2] 21:1622:9 36:14,24,2537:10 42:16 speak [4] 6:3,558:1259:4 -T-
record['2] 3:164:35:21 responded [I] 48:20 43:7 52:15 54:22,24 66:16 specifically [2] 12:22 tablet'] 19:2420:13 27:5
7:5,12,149:21 10:21,22 Respondent[2] 3:14 seeing [4] 7:127:1937:3 13:3 tablet[s] 2:10 7:18 9:1
10:2411:215:216:10,12 38:14 spell [4] 4:541:1447:6
18:1924:2],2125:7,8 6:14 21:1832:7
29:1732:2036:3,441:12 Respondents [2] 1: 19 seem [I] 48:23 47:10 tablets [I] 8:1
41:1943:7,2266:1767:8 49:20 sense [1] 18:21 spending [1] 16:22 taking [4] 35:1 36:12
67:968:] 8,23 responsible[2] 19:17 sentence [I] 13:9 spent[,] 41:23,2552:1 64:25 65: 1
recorded [1] 25:21 51:6 separate[4J 7:199:]2 spoke ['I 44:10,11 66:19 tape [14] 15:22,23,25
recordcT[2] 23:1325:]8 rest [1] 44:23 22:5 36:23 spread [1] 13:22 18:17,17,]819:123:12
recording [1] 25:22 restaurant [sJ 34:25 sequencing [2] 2:12 Springs [sJ 4:24 29:22 25:16,17,22,2334:11
recordings [1] 25:22 35:10,1665:22,23 1]:1 51:1054:11 55:8 52:23
records [4] 4:21 20:7 restaurants [I] 49:10 serieS[2] 2:1111:1 staff [1] 20:24 Tavern[l] 51:11
21:539:15 retained [1] 2:15 server [1] 34:25 stamp[l] 11:16 team [2] 56:4,7
RECROSS [2] 2:227:9 retrievcd[2] 10:1 14:6 set[4] 15:949:10 67:11 stamped [6] 25:25 26:3 television [1] 15:9
red [I] 1]:15 rcturned [I] 10:7 67:20 26:4 28:20,22,23 ten [1] 20:16
redcems [I] 35:18 rcview [5] 5:88:2410:18 sevenish [2] 42:7 56:15 stand [1] 31:18 tenant [I] 46:9
redirect [6] 2:2 25:9,10 19:1 24:24 share [I] 50:15 standing [I] 46:16 terms [I] 42:2
38:17,1967:1 Revocation [1] 68:16 shared[1] 64:11 start [2] 5:1454:3 testamentary [I] 49:20
redundant[l] 3:19 revoke [2] 3:6 6:22 shed [1] 53:21 starting [I] 46: 11 testified [4] 3:2529:14
referencc [6] 13:4,13,15 right [11J 13:10 16:19 shop [2] 30:15,25 starts [1] 13:1 41:956:9
22:13 23:6,19 18:6,7,25 19:1 21:423:3 shop/restaurant [1] state [15] 4:36:420:19 testimony [13] 37:6,25
references [1] 12:19 23:11 47:] 1,14,21 57:11 29:24 20:21 21:2,6,11 24:1 38:440:9,13,18,2249:1
referred [1] 7:20 59:]667:]6,2368:]8 shorter [1] 34:23 29:]74]:1248:]9,21,25 54:10 55:6 56:13,17,23
referring [4] 6:7 10:9 ring [1] 35:7 shot[IJ 17:22 66:4,14 text [I] 12:4
49:6,7 ringing [3] 45:6 58:25 show[3] 31:2433:345:11 statement[6] 3:11,15,18 Thank [2] 4] :2,4
Reg [I] 24:20 61:18 showed[2] 26:1131:2] 19:2067:7 68:13 ThankS[l] 41:3
regard[s] 4:]26:1 13:18 road [1] 46:16 shown [1] 32:5 Statute[l] 67:18 t hernselves [2] 6:3,5
53:20 68:4 role [I] 49:25 shut[l] 42:19 staY[3] 43:1448:1458:15 they've [1] 67:12
regarding ['I 3.34:14 room[4] 1:1115:10 20:1 sign [B] 31:936:1237:11 stayed ['I 55:7 58:20 thinking[l] 45:14
49:1 20:]7 37:1238:1,1339:2250:23 59:13 third[1] 8:2512:1026:17
Rcgistcr[ls] 1:82:153:2 run [I] 29:24 signature [22] 9:8,14 STEWART[l] 1:21 32:1233:1,1737:5
6:924:16,22,24,2536:1,8 11:21,24,2512:12]:19 S till [2] 17:9 35:24 t hought [4] 44:25 45:6,8
37:2240:1 67:11,1968:19 -s- 22:632:2,3,10 33:23 34:8 stipulate[l] 10:15 45:13
Rcgistrar's [1] 28:8 Sal's [2] 47:548:8 35:23,25 36:7,10,19,21 stipulation [2] 7: 16 three[,] 21:1733:20
36:22 37:3 66:23 58:20
D
12/11/03 R
Rather - three
fWill
ehorah Zcpp, Court Reporter (717) 528-8373
Index Page 5
Estate of Bevin Colian
through [51 20:721:5
37:2048:464:8
ticket[2] 35:836:12
times [41 57:6,9,11 62:1
today [[41 5:10 6:21
23:1224:1426:2,1429:21
37:1044:21,2253:22 68:7
68:9,22
Todd [41 2:3 3:22,244:4
togetherrlJ 40: II
tomorrow[IJ 44:9
tOO['1 18:10 31:9 45:14
took [2J 35:9 36:1 I
tOP[41 11:1,1613:325:21
touch [II 52:4
tough[lJ 18:8
transcribed [31 18:20
18:24 19:2
transcript[,] 1:518:17
69:4
traveled [II 62:19
Tressler[SI 51:15,16,17
51:20 63:5
tribute [I] 15:7
trip [IJ 62:22
Trooperr21 66: I 8,20
troubled [I] 65:1
true ['I 16:4,863:15
truth ['I 40:22,23,23
try[4J 17:2340:1661:23
62:1
trying[HI 7:6,718:11,11
42:11,1544:2556:23
Tuesday [41 45:14,16
57:2,10
turn ['I 8:2215:617:7
turncd[IJ 67:17
TV [II 20:1
twice [21 57:862:2
two [131 4:10 7:19,19
17:21 18:2020:3,9,14
21:1827:437:254:22
57:9
tYPC[2] 33:561:7
up [HI 15:6 17:2445:8,11
49:10 55:21,22 60:16
used [61 23:5 30: I 5,25
31:937:338:14
usuallY[2J 38:1245:7
-V-
various [1] 63:5
video[4J 23:1325:18
52:15,18
videotape[121 2:14
15:1816:[3,1518:13,24
25:12,1428:1929:652:21
66:11
view[1] 23:12
vicwcd [7] 15:1825:12
25:2026:228:21 34:9,12
viewing [2] 26: 13 52:20
visited [IJ 59:8
voice [51 44:1960:9,9,11
62:5
volume[IJ 15:6
-W-
W-2 [IJ 39:20
W-4 [2J 39:16,23
W-e-e-m-s [II 54:20
wait [II 7:1
walked [1] 46:15
warning[IJ 68:6
watch[SI 43:12,1554:15
54:1855:8
watching [1 I 17:2 I
Weems['J 43:10,19
54:12,2055:4,7,13,17
59:4
WEIDNER [IJ 1:2]
weird[SI 44:1860:5,19
60:2361:1
whatnot [IJ 48:5
white [II 38:3
wholc [21 19:1 40:23
wife [I] 47:5
Wilderness[2J 51:16
63:5
-U- William ['J 2:5 3:7
Um-hum['1 31:9,17 12:2013:317:10 22:16
52:2 22:1841:8,13
unattached[1] 32:6 Wills [13] 1:82:153:2
unclear [II 21:8 6:1024:16,22,2536:1,8
under ['I 19:1649:21 37:2240:167:1968:19
68:20 wise [11 29:7
understand[6] 5:236:12 wish ['1 3:10,1413:7,7
28:13 50:9,20 68:3 13:1614:123:226:22
Undcrstood [I] 67:25 67:6
undue [I] 49:22 w~shed [II 22:24
units [[I 8:19 w~shes[2J 6:152:12
unless[1] 9:15 w~thdra":[IJ 56:11
unsigned [II 33:2 w~~olding [1] 39:23
unusual [I] 37:9 wlthm [41 27:441 :25
53:24 69:3
C&I Basic 1M
through - Zepp
12/11103 Reg. of Wills Hearing
Without[IJ 27:19
witness [201 3:24 6:15
27:2228:25 29:4,9,13
32:20,2334:1438:10
40:13 41:6,8 47:7,9 60:12
60:21 66:1967:5
WITNESSES [1] 2:1
WOLF [841 1:173:1,13
3:224:2 5:23,24 6:6,12
6:16,20,247:3,6,12,16,21
9:20,2410:17,21,2411:3
14:8,12,16,2015:1 16:10
18:15,22 ]9:3 21:25 23:15
23:21 25:1,9,11 27:7,20
28:25 29:3,6,10,16 32:20
32:24 34: 14 36:3 38:8,17
38:2039:440:3,9,18,21
40:2541:2,5,11 43:22,24
47:1249:1850:454:1,3
56:8,10 57:12,15 58:17
60:11,2063:766:7,17
67:2,5,14,2568:4,10
wondering [1] 56:10
word [1] 23:5
words [21 15:3,7
worked [HI 13:2430:5
30:14,20,22,2431:15
34:19
worried [2J 42: 13 46: I 1
WRIGHT["J 1:223:10
3:14,209:2314:19,23
18:21,23 19:524:1925:2
25:429:1 34:1538:18
39:340:6,841:450:2 54:2
63:866:8,21,2567:6,21
67:2468:1,19
write [51 17:2 32:25 35:7
44:5 59:20
writing[4J 9:19 12:7,10
31:13
writings [II 8:1
written [2J 7:19 12:5
wrong [II 9:16
wrote [II 37:7
-y-
yearr12J 17:1430:8,20
31:334:2141:20,2550:1
51:252:853:24,24
years [2] 4:10 20:3
yellow [SJ 2:9,107:18
7:189:]
yesterday [21 53:5,10
younger [lJ 55:24
yourself [2] 58:1 64:6
-Z-
Zepp [21 1 :23 69:7
Deborah Zepp, Court Reporter (71 7) 528-8373
Index Page 6
. Comp/eI& ltem8 " 2, and 3. AIao c:oInpIiIle
Item 4 If Restrtcted oen-y Is_.
~, Print your name and __ on the reverse
so that we can I!lIUm the ClIItI \0 you.
. Attach thIiI ClIItI \0 the back of the maIlpIece,
or on the front If space permits.
1. _ Addrosoed to:
A/aYfi~ C. kh/~8,.
~ s- c. r:I/ J;!; & .
CaeJ;d e./J11 /701:3
2. _Number
(lJ'snsfwflom -1Bbe/J
PS Form 3811, Apg~st~po1
;\ ;;,; :ii
3. Type
CeltflIod Mall a E'lcpwo Mall
a Rogist8IIlcI a RoIum ~ for MerchandI80
a Insured Mall a C.O.D.
4. ......I..lod 0eIIveIy'I (8ctno Fee) a _
7003 1010 0001 1203 7857
Oornootlc RoIum ReceIpt
102595-02-M-1540
. CompIelIIt""" " 2, and 3. AIao complete
Item 411:~1lStIlt;tect DelIVery Is_.
. Print m name and _ on the reverse
so that We canl!llUm \h$ ClIItI \0 you.
. Attach tl:1IsC8ld \0 \h$ back of the mollploce,
or on the front If space ",,""lIS.
1. _Ad_to:
~~:Zi-
SA' "....' k ?!
rffkns (f 17~S'7
2. _ Number
(lJ'snsfwflom -.nee...
PSFoJ!T1 ~1 ~, N'gu" ~
, \i iii i
a Agent
~~ -- ~ II' Acldtessee
B.llOcohIeclby(Prl__) O. Dateol~
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O,lodellvery_d_from_l? aVes
If YES. enter delivery __ below: a No
3. SeryJoOypo
Ilil"'CertIIled _ a ~ Mall
a Rog_ a RoIum ReceIpt for_18o
a Insured MaJI a 0.0.0.
4. _ Delivery? (8ctno Fee) a _
7003 1010 0001 1203 7840
OomesUc Return Reee6pt
--....;.0-
102595-Q2-M-1540
CITATION
Office of the Register of Wills
Cumberland County, Pennsylvania
IN RE: Estate of Bevin M. Colian, Deceased
No. 21-02-0284
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
TO: Forest N. Myers, Esquire
and
Nathan C. Wolf, Esquire
And now this 5th day of March 2004, you are hereby cited to appear before the Register
of Wills for the County of Cumberland in her office, Room 102, in the City of Carlisle,
on the 25th day of March at 3 :OOpm, in the matter of the Bevin M. Coli an Estate for a
hearing on the matter.
Glenda Farner Strasbaugiji ::
Register ofWills/Cumbe~d Coumy
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: I ..
INRE: ESTATE OF
BEVIN M. eOLIAN, Deceased
: BEFORE THE REGISTER OF WILLS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 21-02-0284
AEElDA VIT
Before me, the subscriber, personally appeared, Michele Colian and Jeffrey M Colian,
known to me, or satisfactorily proven, who being duly sworn according to law, do depose and say:
(1) That they are the Administrators of the Estate of Bevin M Colian, deceased.
(2) During the lifetime of the decedent, a Uniform Gifts to Minors Account was established
by the decedent's grandfather with the investment firm of Paine Webber, with an initial
account balance of $10,000.00.
(3) Decedent's date of death was January 28, 2002.
(4) At no time since decedent's death did the undersigned receive anyfunds from the
aforementioned account, and to the best of their knowledge and belief, no funds existed
in that account as of decedent's date of death.
(5) At no time since the decedent's death did the undersigned secure or obtain any money
from the decedent's residence at 1091bird Street, South Middleton Township,
Gunberland County Pennsylvania.
Date:
~~~
~JI', ~O~
Michele olian (Affiant)
~ ~..~
Jefft '.' an (~):J
{~,l:1
Date:
3.1~" 2-.~
Sworn and subscribed before me this
.,-~
'- " day of ~;z,:...... . 2004
S l: [d SZ IN~I \70,
~tary~
:;--~,)al:j
NOTARIAL SEAL
FOREST N.MYERS. NOTARY PUSUC
SHIPPENSBURG BOROUGH, COUNTY OF FRANKLIN
'JMMISSION EXPIRES DECEMBER 17. 2005
'fb.
From
#of ..
pages
Post-it< Fax Note
7671
Date
Co.
Phone #
INRE: ESTATE OF
BEVIN M. COLIAN , Deceased
Fax #
Fax'
: NO. 21- 02 - 0284
PRAECIPE
To the Register of Wills:
Kindly mark the petition for probate, petition for revocation of the grant of letters, including
any amendments filed thereto, filed by the objector William D. Barnett, III., WITI-IDRA WN with
prejudice. This matter has been resolved by mutual agreement of the parties executed this date.
Dated: March,25, 2004
Na , ire
37 uth Hanover Street
uite 201
Carlisle, PA 17013
Supreme Court I.D. No. 87380
(717) 241-4436
Attorney for Plaintiff
Respec
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IN RE: THE EST ATE OF
BEFORE THE REGISTER OF WILLS OF
CUMBERLAND COUNTY, PA
BEVIN M. COLIAN, DECEASED
NO 21 - 02 - 0284
ORDER OF THE REGISTER OF WILLS
AND NOW, this 19th day of February 2003, the hearing on the matter of the Citation
issued November 26, 2002 to Jeffrey M. Colian and Michele Colian regarding the
depositing with this Office of a certain undated instrument having been set for Tuesday,
December 17, 2002, and the hearing on said matter until Wednesday February 19,2003
at 2:00 o'clock P.M., IT IS HEREBY ORDERED, that said matter having been continued
generally.
~Cm.&/sC~
DONNA M. OTTO
First Deputy Register of Wills
IN RE: THE ESTATE OF
BEFORE THE REGISTER OF WILLS OF
CUMBERLAND COUNTY, P A
BEVIN M. COLIAN, DECEASED
NO 21- 02 - 0284
ORDER OF THE REGISTER OF WILLS
AND NOW, this 19th day of February 2003, the hearing on the matter of the Citation
issued November 26,2002 to Jeffrey M. Colian and Michele Colian regarding the
depositing with this Office of a certain undated instrument having been set for Tuesday,
December 17, 2002, and the hearing on said matter until Wednesday February 19,2003
at 2:00 o'clock P.M., IT IS HEREBY ORDERED, that said matter having been continued
generally.
~~~/S!~
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
INDEX
2
WITNESSES
DIRECT
CROSS
3
Todd Eckenrode
19
4
4
Salvatore Anile
34
29
5
William Barnett, III
54
41
6
7
EXHIBITS
8
NO. DESCRIPTION
IDENTIFIED
9
P1 One loose page of yellow
letter-sized paper with
handwriting and a yellow
tablet
7
P2
Series of documents with
numerical sequencing
11
P3
Receipt Guest Check with
with handwriting on it
15
P4
Videotape
18
2
REDIRECT
RECROSS
25
27
38
67
MARKED ADMITTED
7 9
10
14
14
29
(All exhibits were retained by the Register of Wills)
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
3
1
MR. WOLF: Now is the time and place for a hearing
2 scheduled before the Register of wills of Cumberland County
3 regarding the Estate of Bevin Colian, Estate Docket
4 No. 21-02-0284.
5 The hearing is conducted pursuant to the Petition
6 for Probate and a petition to Revoke Letters of Administration
7 filed by William D. Barnett.
8 Are there any matters that you want to be addressed
9 initially?
10
MR. WRIGHT: Yes. Does the petitioner wish to make
11 an opening statement?
12
MR. BARNETT: No.
13
MR. WOLF: No, not at this time, no.
14
MR. WRIGHT: Does the Respondent wish to make an
15 opening statement?
16
MR. MYERS: I guess just for the record, we object
17 to the -- no, I really don't need to make an opening
18 statement. Our objections are in the file so it would be
19 redundant.
20
MR. WRIGHT: The Petitioner may proceed with his
21 evidence.
22
MR. WOLF: I would call Todd Eckenrode.
23
24 TODD ECKENRODE, called as a witness, having been
25 duly sworn, was examined and testified as follows:
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
4
1 DIRECT EXAMINATION
2 BY MR. WOLF:
3
Q
4
A
5
Q
6
A
7
Q
8
A
9
Q
10
A
11
Q
State your name for the record, please.
Todd Eckenrode.
Would you spell your last name, sir?
E-c-k-e-n-r-o-d-e.
And your position, sir?
I'm the Chief Deputy Coroner for Cumberland County.
And how long have you held that position?
As Chief Deputy, approximately two years.
12 with regard to Bevin Colian?
Can you tell the Court the nature of your knowledge
13
A
14
Q
What are you asking?
15 estate that he -- are you aware of the circumstances of his
Obviously Mr. Colian, we're here regarding his
16 death?
17
A
18
Q
19 28th, 2002, be correct?
And do you know the date of death? Would January
20
A
21 check the records.
22
Q
23
A
Yes, I am.
January 28th or January 29th of 2002.
I'd have to
And do you know where Mr. eolian passed away?
24 Boiling Springs.
He died at his residence that he was renting in
25
Q
And did the Coroner's Office make a determination
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
5
1 as to the manner of Mr. Colian's death?
10
11
12
13
14
2
A
As the manner, yes.
And could you please
It was a suicide.
And were there documents found in Mr. Colian's
Yes, there was.
And have you had the opportunity to review those?
Yes, I have.
And do you have those documents with you today?
I have copies of the originals.
Do you have any of the originals?
I have some originals, yes.
I'd like to start with a document that I believe
15 you do have an original for.
16
17
3
Q
4
A
5
Q
6 apartment?
7
A
8
Q
9
A
Q
A
Q
A
Q
A
18 for, the
Q
19
20
21
A
Q
22 is clear?
23
(Indicated. )
Actually, the other one that you have an original
These or these (indicated)?
On the notepad I believe you have --
MR. MYERS: Could we identify these so the record
25
24 BY MR. WOLF:
MR. WOLF:
I understand.
Q
Do any of those documents to your knowledge
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
6
1 identify Mr. Colian's wishes with regard to his property?
2
MR. MYERS: To that I'm going to object.
I believe
3 the documents speak for themselves. Mr. Eckenrode could not
4 be aware of Mr. Colian's state of mind or what the document is
5 intended to provide. They will speak for themselves.
6 MR. WOLF: I'm asking him to identify that document
7 to which you were referring so that we can narrow down --
8
MR. MYERS: No, I think you can ask him to identify
9 the document and submit it as evidence and then the Register
10 of Wills will make the determination as to what the document
11 is, not Mr. Eckenrode, not you, not me.
12 MR. WOLF: I understand.
13 MR. MYERS: Do you have copies of these documents
14 for the Respondent?
15
THE WITNESS: No, I do not.
16
MR. WOLF: I had simply wanted to address the note
17 that is already in evidence as an exhibit, the original of
18 which is in the possession of the Coroner's Office.
19
MR. MYERS: This is an exhibit to your Petition.
20
MR. WOLF: My original Petition, it is the document
21
to which we are -- the reason we are here today.
It's
22 Exhibit A to the Petition to revoke Letters of Administration
23 that was filed November of 2002.
24 BY MR. WOLF:
25
Q
Sir, do you recognize
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
7
1
MR. MYERS: Now wait. Oh, okay. I'm seeing him
2 having something that I'm not having.
3
MR. WOLF: Well, that's --
4
MR. MYERS: Okay? Can we identify the document for
5 the record?
6
MR. WOLF: Well, I'm trying to do so.
7
MR. MYERS: I'm not trying to be difficult, but
8 could we have it like marked and then we can identify it as
9 your Exhibit A and so forth so we all know what we're talking
10 about? Rather than saying do you have this thing, what is it
11 and so forth.
12
MR. WOLF:
If we can go off the record for a
13 moment.
14 (A discussion was held off the record.)
15 (Petitioner's Exhibit No.1 was marked.)
16
MR. WOLF: The Parties have a stipulation that
17 Petitioner's Exhibit 1 is comprised of one loose page of
18 yellow letter-sized handwriting and a yellow tablet of which
19 the first two pages are also written on. Those two separate
20 items will be collectively referred to as Exhibit 1.
21 BY MR. WOLF:
22
Q
Could you identify, Mr. Eckenrode, what has been
23 marked as Exhibit I?
24
A
Yes, I can.
25
And can you tell us what that is?
Q
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
1
A
2 evidence at the scene.
They're tablets and writings that were collected as
3
Q
4
A
8
How did you come to obtain them?
5 found on or about the decedent at the time of death. They
As part of our investigation, these items were
6 were collected for part of the coroner's investigation.
.
7 Q Have they been in the possession of the Coroner's
8 Office since that time?
9
A
10
Q
11
A
Yes, they have.
Do you know what date they were collected?
These were collected on January 29th at
12 approximately 9:30 at night.
13
Q
9:30 at night. And at what point did the Coroner's
14 Office or was anyone first alerted to the scene? Are you
15 aware of that?
16
A
17
Q
18 secured?
19
A
As far as who was?
At what point would the scene have been considered
After the first units had arrived at the scene.
I
20 do not know whether it was -- it was the police department
21 that was the first to be there I believe.
22
Q
23 Exhibit 1 again. And opposing counsel having had the
I'd like to turn your attention to Petitioner's
24 opportunity to review that document, can you identify or
25 explain what the third page that was -- that is attached to
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
9
1 the yellow tablet, correct?
2 That's correct.
4
A
Q
it?
A
Q
A
Q
A
Q
A
Q
A
5
6
Yes, it does.
What's the date, sir?
14 it does bear a signature of Bevin Colian.
15
Q
And understanding that you are not -- unless I'm
16 wrong -- an expert in handwriting analysis, from your
17 experience, do those appear to be the same handwriting?
18 A From my knowledge, they appear to be the same
19 writing, yes; but I am not an expert.
20
I ask that Petitioner's Exhibit 1 be
21 admitted into the record.
MR. WOLF:
22
23
MR. MYERS: I have no objection.
MR. WRIGHT: They will be admitted.
24 BY MR. WOLF:
25
Q
Mr. Eckenrode, were there any other documents
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
10
1 retrieved from that scene?
2
A
Yes, there was.
And are these the original documents, sir?
No, these are not; these are copies of originals.
And the originals of these documents, are they in
6 the possession of the Coroner's Office?
3
Q
4
A
5
Q
7
A
8 family.
9
Q
10 parents?
11
A
No, they are not. They were returned to the
By the family, are you referring to the decedent's
The decedent's parents. The father signed for a
12 receipt that we as a normal practice do.
13
14
15
Q
A
And that would be Jeffrey M. Colian?
Yes, it is.
16 they are and they could be produced if you need the originals.
MR. MYERS: We will stipulate that that's where
17 BY MR. WOLF:
18
20
21
Q
19
A
And have you had the opportunity to review these?
Yes, I have.
MR. MYERS: May I see those?
MR. WOLF: Off the record.
(A discussion was held off the record.)
(Petitioner's Exhibit No.2 was marked.)
MR. WOLF: We're back on the record and there is
25 also a stipulation between the Parties that the documents, a
22
23
24
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
11
1 series of documents that have numerical sequencing at the top,
2 are identified for the record as Petitioner's Exhibit 2.
3 BY MR. WOLF:
4
Q
5
A
6
Q
7 scene?
8
A
9
Q
And they are marked as copies, correct?
That's correct.
And they were also similarly collected from the
That's correct.
10 original in possession of the Coroner's Office from the time
And have they -- at least the copies -- or was the
11 it was collected from the scene until it was released to Mr.
12
Colian
13
A
14
Q
15
A
to Mr. Jeffrey Colian?
Yes, it was.
Then these copies have not been altered in any way?
No, they have not, with the exception of the red
16 stamp of "Copy" on top.
17
Q
18
A
19
Q
20
A
21
Q
22
A
23
Q
And is that document dated, sir?
Yes, it is.
What's the date on that?
January 24th of 2002.
Is there a signature on that page, sir?
On the front page, yes, there is, Bevin M. Colian.
And in this document that is in Exhibit 2, is there
24 a signature at the end of that document, sir?
25
A
On Page 21 at the end, yes, there's a signature.
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
1
Q
12
What's that signature say?
Although scribbled, it appears to be Bevin M. and
3 the last name is scribbled but it does appear to be Colian.
2
A
And the document, the text of it, is that printed
5 or written for the most part?
4
Q
It actually appears that the first page is in
7 cursive writing. The remaining parts of the document appear
6
A
8 to be in printing.
9
Q
I'm going to draw your attention back to Exhibit 1.
10 The third page of that, is that printed writing?
11
A
That is printed.
And does it appear to be, to the best of your
13 knowledge, the same handwriting?
12
Q
Again, I'm not an expert; but it does appear to be
17 obtained at the scene of Mr. Colian's death?
Just for clarification, these documents were both
14
A
Yes, they were.
Now, are there references in either of those
20 documents to a William Barnett to your knowledge, sir?
15 similar.
16
Q
Yes, there is.
23 us? I believe you are the most familiar with both of those
And more specifically, could you identify those for
18
A
19
Q
21
A
22
Q
24 documents.
25
A
On Exhibit 2, we have earmarked on it a Post-it
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
13
1 note on Page 16 at the bottom where it starts, Any money that
2 I am to inherit I want to be given to -- and on Page 17 on the
3 top it says -- specifically William Barnett.
4
Q
Is there another reference to Mr. Barnett?
5
Again on Page 21, it appears to be like a second
A
6 paragraph, I don't want my family involved. Anything I were
7 to inherit, I wish to be Bill Barnett -- I wish to go to Bill
8
Barnett.
I'm sorry.
9
Q
And can you read the next sentence as well?
10
A
My family needs to know that he will make the right
11 choices with it.
12 Q Drawing your attention back to Petitioner's
13 Exhibit 1, is there a reference in there to Mr. Barnett?
14 A On Exhibit 1 on the second attached page, it does
15 make a reference to -- with an asterisk -- Anything I have or
16 am to inherit I wish to go to Bill Barnett.
17
Q
And that document, does it also give directions
18 with regard to final arrangements for Mr. eolian?
19
A
Yes, it does.
20
And what directions has he given?
Q
21
All items are highlighted with an asterisk, No
A
22 obituary, no funeral, cremation, spread ashes in Anile's
23
dumpster.
It appears like a number one, Felt that I put in
24 the biggest efforts in my life while I worked there.
25 The next asterisk was a repeat, Anything I have, I
DEBORAH ZEPP, eOURT REPORTER
(717) 528-8373
14
1 am to inherit, I wish to go to Bill Barnett. Always do what
2 makes you happy.
3
Q
How does that document close?
4
A
Farewell, printed Bevin Colian.
5
Q
And were there any other documents that were
6 retrieved at the scene?
7
A
There was other documents we have, yes.
8
MR. WOLF: I'm going to identify this as Exhibit
9 3.
10 Do you have a copy of that?
11
MR. MYERS: It seems to me I do. Let me just look.
12
MR. WOLF: Before that, I'll move for the admission
13 of Petitioner's 2 while you're looking for that.
14
MR. MYERS:
I don't have a problem. No objection.
15 (Petitioner's Exhibit No.3 was marked.)
16 BY MR. WOLF:
17
Q
Petitioner's 3 --
18
MR. MYERS: Can I see that?
19
MR. WRIGHT: Was that an objection?
20
MR. WOLF: I believe he said he had no objection to
21 Petitioner's 2.
22
MR. MYERS: I said I have no objection to 2.
23
MR. WRIGHT: Okay.
24
MR. MYERS: Here I think I have it. Okay. Yeah, I
25 have it.
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
1 BY MR. WOLF:
2
Q
3
A
4 it.
5
Q
6
A
7 Jordan tribute and Bevin's last words.
Press play and turn up the volume for Michael
8
Q
9
A
15
Can you identify Petitioner's 3 for the record?
It is a Receipt Guest Check with imprinted words on
Can you read it for us?
Now, where was that found in the apartment, sir?
It was leaning against the television set that was
10 in the living room where he was discovered.
11
Q
And to your knowledge, did anybody follow those
12 directions from your -- the instructions that are included on
13 that?
14
A
15
Q
16
A
17 there.
18
Q
19
A
Yes, we did.
We being the?
The Coroner's Office investigating group that was
And was there a videotape that was viewed?
20 contained one of the small cassettes that fits inside of the
This was connected to a camcorder and the camcorder
21 camcorder.
22
Q
23
A
And do you have that tape in your possession?
Not the camcorder tape, no, I don't. That was
24 released to the parents.
25
Q
Was a copy of that tape made?
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
1
A
16
Yes, it was.
Do you have that in your possession?
Yes, I do.
5 of the original?
You can certify that that's a true and correct copy
2
Q
Yes, I can.
8 that's a true and correct copy of the original document?
Incidentally, Petitioner's 2, you can certify that
10
3
A
4
Q
6
A
7
Q
9
A
11 briefly.
Yes, I can.
MR. WOLF: At this point we can go off the record
12 (A discussion was held off the record.)
13 (Whereupon, the videotape of Mr. Bevin Colian was
14 played and the following is an excerpt of that
15 videotape:)
16 "I'm sorry to those people that I -- I leave debts
17 to as far as like my apartment goes and everything
18
19
20
21
22
23
24
25
else. But that's a situation I ca -- really can't
control right now.
"Some lucky person's going to find a little over
$5000 in cash in this apartment building.
I hope
that you enjoy spending the money as much as I did
earning the money. Those who know me closest are
going to know exactly where it is if they really
think about it. They can take it.
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
17
1
"I request no obituary 'cause I don't feel there's
2
any person that can write about my life except for
3
me and I'm not going to do that.
4
"I'm -- a lot of people didn't care about me when I
5
was here so why should they care when I'm dead?
6
That's how I feel.
7
"I'm supposed to be inheriting money when I turn
8
21. Anything that I'm in
to inherit, if it's
9
still going to come to me or whatever, anything
10
that I'm going to have, I'd like William Barnett to
11
have it and his family.
12
"Hopefully somebody can talk my grandmother in to
13
giving it to the guy.
I've -- he's been with me
14
for the last year. He's been probably my best
15
friend I've ever had.
16
"I mean him, me and Chris both; but Bill has been
17
there a hundred percent of the time and I
18
appreciate him that
for that.
19
"I hope you make it to the NBA, Bill. You know,
20
I - - I'm going to be somewhere. I'm going to be
watching YOU1 and I'm going to be giving you two
inches on your jump shot. You know what I mean?
I'm going to try to help you as much as I can.
"A lot of people might think I'm giving up on life.
21
22
23
24
25
I really don't think that's the case.
I -- I've
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
10
11
12
13
14
15
18
1
always -- even when I was a little kid, I've always
2
had the desire to know what -- what's next, what's
3
after life, what's this all about, you know. And
4
for whatever reason, I feel like everything that
5
happened in my life drew me to this place and drew
6
me right now to make the decision I'm going to make
7
right now.
8
"You know, kind of tough to think about
9
things you want to say. It's like I think I'm
putting too much pressure on myself -- on myself.
I'm trying to be
trying to say it like -- "
MR. MYERS:
I think that's enough.
(Whereupon, the excerpt from the videotape was
concluded. )
16 offered as Exhibit 4 subject to having it incorporated as the
MR. WOLF: I guess we'll have to have that portion
17 complete tape, a transcript of the complete tape.
18
MR. MYERS: Wouldn't it be better to admit the tape
19 as Exhibit 4 and then we note on the record that we
20 transcribed approximately two minutes?
21
22
23
MR. WRIGHT: I think that would make sense.
MR. WOLF: That's fine.
MR. WRIGHT: And just make a notation that there's
24 going to be a transcribed excerpt from that videotape.
25
MR. MYERS: Right. And I have no objection to it
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
19
1 subject to our right to review and have the whole entire tape
2 transcribed.
3
MR. WOLF:
I have nothing further for Mr. Eckenrode
4 at this time.
5
MR. WRIGHT: Cross?
6
MR. MYERS: Yes, I have a couple questions.
7 CROSS EXAMINATION
8 BY MR. MYERS:
9
Q
Just so that I'm clear, Deputy Eckenrode, were you
10 involved in the investigation on the day that Mr. Colian was
11 found deceased?
12
A
Yes, I was.
13
Q
So you were present when these items were
14 collected?
15
A
That is correct.
16
Q
And you were or someone under your control and
17 supervision was responsible to collect and identify and secure
18 these documents; is that correct?
19
A
That is correct.
20
Q
Now, you made the statement in your direct
21 examination that by and large these documents were found on or
22 about the decedent.
23 Were these documents in his possession or on a
24 chair or table at his hand?
25
A
He was on the couch. Some of the documents were on
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
20
1 the chair. The notepad was on the TV that was across the room
2 from him.
3
And realizing this happened two years ago,
Q
4 approximately how far from the decedent were the notes and
5 notebook and so forth that you identified as Exhibit 1 and 2?
6
To the best of my knowledge -- and I'd have to go
A
7 back through the records and photographs to obtain from that
8 as far as exact measurements and where they were at. But to
9 my best knowledge and best recollection, these two items were
10 both found (indicated)
11
If you could just
Q
12
A
Petition 1 and Petition 2, the documents were both
13 found on the coffee table that was directly beside him
14 approximately one to two feet from where he was at. The
15 notepad, which is Exhibit 3, was to the best of my
16 knowledge -- I'm going to estimate -- approximately ten feet
17 across the room.
18
Now, when you arrived at the scene, is it not
Q
19 correct that the pennsylvania State Police had already been at
20 this scene for some time prior to you getting there?
21
The Pennsylvania State Police had been there as
A
22 well as the County Coroner, Michael Norris.
23
So do you know approximately -- now, you indicated
Q
24 that these items were collected by your staff at approximately
25 9:30 p.m. on the 29th of January of 2002.
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
1
A
21
That's correct.
If you know, what time were the pennsylvania State
3 Police dispatched?
2
Q
I cannot indicate that right now.
I would have to
5 go back through their records.
10
4
A
And if you know, who called the Pennsylvania State
That I am unclear of. That I would have to find
And if you know, was there anyone in the apartment
11 prior to the Pennsylvania State Police arriving at the
6
Q
12 apartment?
13
14
15
16
7 Police?
8
A
Inside the apartment?
Yes.
That I do not know.
Now, you've indicated with respect to Petitioner's
17 Exhibit No.1, which consists of the three pages -- one loose
18
9 out.
Q
A
Q
A
Q
that the first page has a
and two attached to the tablet
19 document -- or has a signature at the end there of Bevin.
20 Is that
21
A
22
Q
23
A
24
Q
25
That's correct.
And there's no last name, no middle initial?
You're saying which one of those pages?
The first page that's in the notepad.
MR. WOLF: I believe the first attached page.
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
22
1 BY MR. MYERS:
2
Q
The first attached page.
3
The first attached page, yes, has only the first
A
4 name.
5
Q
And then there's a separate page associated with
6 Petitioner's 1 and you indicated that also has a signature at
7 the end, "Bevin"?
8 A No, that has both first and last name.
9
Q
Now, with respect to Exhibit No.2, you were
10 questioned concerning Pages 16 and 17 --
11
A
Yes.
12
Q
-- certain aspects of that document. Going back to
13 Page 16, could you reference back to Page 16?
14
A
Yes.
15
Q
And your reading from that indicated that said, Any
16 money I am to inherit should go to William Barnett?
17
What it exactly says is, Any money I am to inherit
A
18
I want to be given to -- and on Page 17
William Barnett, is
19 one of my good friends. He has done a lot for me. He has
20 made me laugh. He has been there.
21
Q
And then on Page 21 -- and I'll paraphrase and you
22 can read the original -- something to the effect that he
23 didn't want his family to be involved in anything that he was
24 to inherit, he wished that to go to Bill Barnett.
25
A
What it exactly reads is -- on Page 21 what it
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
10
23
1 reads is, If I am cremated, I do not want my family involved.
2 Anything I were to inherit I wish to go to Bill Barnett. My
3 family needs to know that he will make the right choices with
4 it.
5
Q
So in both instances the word that he used was that
6 anything he was to inherit. He didn't reference any property
7 that he currently had that was to go to Bill Barnett in either
8 one of those paragraphs that you just read to us?
9
A
Well, from what I am reading -- and I had read it
to you
that would be the interpretation.
11
Q
Right. Fine. Now, you've had a chance with the
12 other folks here today to view a portion of the tape that was
13 left in the video cassette recorder in Mr. Barnett's apartment
14 which you
15
MR. WOLF: Excuse me, Mr. Colian's apartment.
16 BY MR. MYERS:
17
Q
or Mr. Colian's apartment that you had collected
18 as evidence when you investigated this. And do you recall
19 hearing Mr. Barnett make a reference to $5000 in cash?
20
A
Mr. eolian.
21
MR. WOLF: Mr. Colian.
22 BY MR. MYERS:
23
Q
I'm sorry. Mr. Colian, yes.
24
A
Yes, he did.
25
Q
Now, to the best of your knowledge, did you or
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
24
1 anyone working for you or the Pennsylvania State Police, if
2 you know, did anyone find the $5000 in cash in the apartment?
3
A
To the best of my knowledge, no one had found that.
4
Q
To the extent that you would know, how much money
5 did Mr. Colian have in his possession in his apartment on the
6 day that he committed suicide?
7
A
I have no indication with me at this point how much
8 was in the apartment. I know there was some different
9 containers that had loose coins; but past that, I don't -- I
10 do not know.
11
Q
One last question. You indicated photographs were
12 taken at the scene?
13
A Yes, they were.
Q Are those photographs here today?
A No, they are not.
Q Are they available to the Register of Wills as part
of this proceeding?
14
15
16
17
18
A
I would say they are.
19
MR. WRIGHT: Yes.
20
MR. MYERS: I would ask the Reg -- I'll make this
21
on the record so it's part of the record.
I would request the
22 Register of Wills to issue a subpoena, if necessary, or
23 request Mr. Norris to provide the photographs that were taken
24
on the day of this
at the scene to the Register for review
25 by counsel and the Register of Wills.
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
25
1
MR. WOLF: I have no objection to that request.
2
MR. WRIGHT: Very well.
3
MR. MYERS: I don't have anything else.
4
MR. WRIGHT: I believe that the coroner would make
5 available whatever you want to examine at their offices.
6
MR. MYERS: See, that's -- this isn't on the
7 record.
8 (A discussion was held off the record.)
9
MR. WOLF: Brief redirect.
10 REDIRECT EXAMINATION
11 BY MR. WOLF:
12
Q
As to the videotape that was viewed, you obviously
13 had the opportunity to observe the decedent. Does it appear
14 to be the decedent in that videotape?
15 A Yes.
16 Q And was there anyone else in the tape when
17 that that is also on the tape?
18 A On the video cassette that was in the recorder
19 where this copy was made from, it -- the part that is
20 pertinent as far as what we viewed some area before and after,
21 you can tell that it was recorded over top of another
22 recording so there is additional recordings on the same tape
23 which are on this tape that I have here. So in the part that
24 prior to and after, yes, there's other individuals on there.
25
Q
Were all those portions date stamped?
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
26
1
A
To the best of my knowledge, no.
2
Q
But the portion that we viewed today, was that date
3 stamped?
4
A
That was date stamped.
5
Q
And what was the date on that? Was it January
6 28th?
7
A
If I remember, it was January 28th of 2002.
8
Q
And in fact, there was also a time on there; was
9 there not?
10 A The count indicator -- I don't want to say it is a
11 time; but the count indicator showed what appeared to be five
12 hours 40 minutes and 37 seconds.
13
Q
And that's the point at which we began viewing it
14 today?
15
A
That's correct, approximately.
16
Q
And to draw your attention back to Petitioner's
17 Exhibit 1, the third page that is printed, just for a point of
18 clarification, the fourth asterisk item --
19 A Yes.
20 Q -- can you read that?
21 A The fourth asterisk says, Anything I have or am to
22 inherit, I wish to go to Bill Barnett.
23 Q And that does have at least a printed name at the
24 bottom?
25
A
That's correct.
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
27
1
Q
And it reads Bevin Colian?
2
Bevin Colian.
A
3
And you said that was one of the items that was
Q
4 found within one to two feet of -- that it was on the coffee
5 table?
6
To the best of my knowledge and recollection, yes.
A
7
I have no further questions for Mr.
MR. WOLF:
8 Eckenrode.
10 BY MR. MYERS:
9 RECROSS EXAMINATION
11
12 second.
Q
I was just looking, if you can bear with me for one
13
14
A
Sure.
Q
Now, Mr. Norris completed that Certification of
15 Death; is that correct?
16
A
Yes.
17
Q
And he indicated that the date of death was January
18 28th, 2002; is that correct?
19
A Without seeing the document, yes.
MR. WOLF: If I may.
MR. MYERS: (Complied. )
THE WITNESS: Now, your question again, sir?
BY MR. MYERS:
20
21
22
23
24
Q
Is it not correct that he fixed the date of death
25 at January 28th of 2002?
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
1
A
28
That's correct.
And he didn't establish a time of death?
It was estimated; although, it's not on this. This
4 is a certified copy; it is not the original.
2
Q
Do you have the original with you?
7 forwarded to the funeral home which would then have been
No, I do not. The original would have been
3
A
8 forwarded to the Registrar's Office.
5
Q
To the best of your knowledge, do you have a
10 document in the possession of the coroner that would fix the
6
A
11 estimated time of death?
9
Q
I do not have it with me.
Yes.
I understand that.
I need that back.
12
A
(Complied. )
Do you have any recollection as to what the time of
The time I do not. And I don't want to mislead you
18 even guessing it.
13
Q
And the videotape, Petitioner's No.4, is not date
20 stamped except for the 1/28 2002 five something and we --
14
A
It's been a period of time since I viewed it.
I
22 don't know if what is before and after is time stamped or date
15
Q
16 death was?
17
A
19
Q
21
A
23 stamped.
24
25
MR. MYERS: That's all I need. That's all I have.
MR. WOLF: Nothing further for the witness.
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
29
1
MR. WRIGHT: I don't think I have anything for Mr.
2 Eckenrode.
3
MR. WOLF: If counsel has no objection, if the
4 witness can be excused at this point.
5 MR. MYERS: I don't think he needs to be here.
6 MR. WOLF: Do we want to the mark the videotape
7 itself as Exhibit 4? I think that would be wise.
8
(Petitioner's Exhibit NO.4 was marked.)
9
(Witness excused.)
10
MR. WOLF: At this point the Petitioner would call
11 Salvatore Anile.
12
13 SALVATORE ANILE, called as a witness, was examined
14 and testified as follows:
15 DIRECT EXAMINATION
16 BY MR. WOLF:
17
Q
Would you state your name for the record, please?
18
A
It's Salvatore Anile.
19
Q
And your address, sir?
20
A
Business or home?
21
Q
Business is fine for the purposes today.
22
A
Six Front Street, Boiling Springs, PA.
23
Q
And what is it that you do, sir?
24
A
We run a pizza shop/restaurant.
25
Q
And what's the name of that?
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
10
11
12
13
14
15
16
1
A
Q
A
Q
A
Q
you?
A
Q
A
Q
A
that.
Q
A
school.
Q
30
Anile's.
Did you know the decedent, Bevin Colian?
Yes, I did.
How did you know him?
He worked for us.
For approximately how long did Mr. Colian work for
I'd say about a year and a half.
Okay.
More or less.
Was he working for you at the time of his death?
Actually I think he quit like a couple days before
And so did you know him before he worked for you?
Yeah, he used to come into the pizza shop after
18 think would you estimate that you knew Mr. Colian?
19
20
2
3
4
5
6
7
8
9
A
Q
22
21 you?
A
23
Q
Maybe a couple months.
Longer than the year and a half that he worked for
No.
I know him more when he worked for me.
But you said that you knew him more casually before
24 he worked for you?
25
A
Well, he used to come into the pizza shop to get a
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
31
1 sub or a slice, whatever.
2
Q
So basically you knew him from an employer/employee
3 relationship for a year and a half; is that correct?
4
A
Yes.
And before his death, did you have an opportunity
6 to see his handwriting?
5
Q
Yes, I did.
And how would you, in the course of business?
Urn-hum. He used to sign gift certificates, too.
And have you seen his print handwriting as well as
11 his cursive handwriting?
7
A
19 anything from the Estate of Bevin Colian?
8
Q
No.
And if I showed you a document, would you be able
22 to recognize whether or not it was Mr. Colian's handwriting?
9
A
Yes, to the best of my knowledge.
25 Petitioner's Exhibit 1 first. Does that look like Mr.
I'm going to show you what's been marked as
10
Q
16
A
Q
A
Q
for you?
A
Q
20
A
21
Q
23
A
24
Q
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
32
1 Colian's handwriting to you?
2
I recognize more his signature.
A
Yes.
3
Q
His signature?
4
A
(Indicated) .
5
Q
I've shown you the first page which is the
6 unattached page. The second page, which is the first attached
7 page to the tablet, does that appear to be the same
8 handwriting?
9
A
Yes.
10
Q
And does it appear to be the same signature?
11
A
His first name, yes.
12
Q
And the third page which is a printed document,
13 does that appear to be Mr. Colian's handwriting?
14
A
I recognize this {indicated} better than I do the
15 other.
16
You recognize his print better than you do the
Q
17 cursive?
18
A
I recognize this better than I do this one
19 (indicated) .
20
MR. WOLF: So for the record, the witness has
21 indicated that he recognizes his cursive handwriting more than
22 he recognizes the printed handwriting.
23
THE WITNESS: Yeah.
24 BY MR. WOLF:
25
Q
Did you ever see Mr. Colian write his name in print
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
33
1 as it appears on the third page?
2
A
3
Q
No, it's unsigned.
4 Exhibit 3 which is a document which begins as Guest Check.
I'm going to show you what's marked as Petitioner's
6 business?
5 Are these the type of check pads that you use in your
7
A
8
Q
9 that document?
10
A
Yes.
Does that appear to be Mr. Colian's handwriting on
Like I said, I recognize this (indicated) better
11 than I do the
12
Q
13
A
14
Q
15
A
16
Q
But do you recognize this printing?
Yes.
Does it appear to be Mr. Colian's handwriting?
Yes.
And does that appear to be the same handwriting as
17 on the third page of Exhibit 1 and the first numbered page of
18 Exhibit 2?
19
A
20
Q
I'm sorry, I don't --
Do these three handwriting samples, do they appear
21 to be Mr. Colian's handwriting?
22
A
23
Q
To the best of my knowledge, yes.
And does that appear to be Mr. Colian's signature
24 at the bottom of Page 21 of Exhibit 2?
25
A
This (indicated) first name looks more familiar
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
10
11
12
13
14
15
16
17
18
34
1 than the ones I seen before.
2
It looks more familiar than?
Q
3
Than (indicated).
A
4
Q
So you're saying that Exhibit 2 looks most
5 accurately like Mr. Colian?
6
This one (indicated)
A
7 Q Or Exhibit 1 is most accurately Mr. Colian's
8 signature. You had the opportunity -- you were present when
9 we viewed Exhibit 4?
A Yes.
Q To your knowledge, was that Mr. Colian on the tape
in the portion that we viewed?
A Yes.
MR. WOLF: I have nothing further for this witness.
MR. WRIGHT: Mr. Myers, cross?
MR. MYERS: Yes.
CROSS EXAMINATION
BY MR. MYERS:
19
Q
Mr. Anile, you indicated that Mr. Colian worked for
20 you approximately 18 months?
21
A
About a year and a half.
22
Q
And would he work a regular 40-hour work or longer
23 or shorter?
24
A
More than 40 hours.
25
Q
And his job was as a server in your restaurant
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
35
1 taking orders?
2
A
No, he was a cook.
3
Q
Cook?
4
A
Make subs and stuff like that.
5
Q
So he didn't normally come into contact with these
6 Guest Checks that you -- that's marked Exhibit No.3?
7
A
When the phone would ring, yes, he would write the
8 order on the ticket.
10 seated in the restaurant?
9
Q
So he took phone orders but not from customers
11
12
13
A
No.
Q
Now, from time to time, you indicated that he
had
that you had had an opportunity to see his handwriting
14 because he filled out gift certificates?
15
Yes.
A
16
Q
These were sold to customers from the restaurant?
17
A
Yes.
18
Q
And when someone redeems the gift certificate, they
19 bring that gift certificate back to you?
20
A
Yes.
21
Q
Do you have those old gift certificates in your
22 possession?
23
A
Actually I got one with his signature that I do not
24 remember where I put it. Somebody out there might still have
25 one with his signature.
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
36
1
MR. MYERS: I would request the Register of Wills
2 to issue a subpoena I guess
3
If we can go off the record.
MR. WOLF:
4 (A discussion was held off the record.)
5 BY MR. MYERS:
6
Q
To the extent that you would be able to locate a
7 gift certificate with Bevin Colian's signature on it, you
8 would make that available to the Register of Wills Office?
9
A
Yes.
If I had to, yes.
10
Q
And so you were able to see Mr. Colian's signature
11 when he took these phone orders?
12
A
He wouldn't sign the ticket if he was taking an
13 order.
14
Q
So you were able to see his handwriting?
15
Yes.
A
16
I should have clarified that. And in your direct
Q
17 examination, you indicated that on the first attached page
18 that was in Petitioner's Exhibit No.1, which would be this
19 page, you recognized that as his signature?
20
A
Yes, his first name.
21
Q
And you indicated that that signature was better in
22 your mind than the signature on the first page which is the
23 separate loose page of Petitioner's I?
24
A
On this (indicated) page, I see his first name and
25 his last name. On this (indicated) page, I only see his first
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
37
1 name.
2
Q
But which of those two signatures is more like the
3 signature you were used to seeing Bevin execute?
4
A
This one (indicated).
5
Q
Now, as far as the third -- the next page of that
6 exhibit, your testimony is that normally Bevin didn't print;
7 he wrote in cursive?
8 A Yes.
9 Q And would you characterize it as unusual that you
10 see his printed name as opposed to today his signed name?
Well, like I said before, he will sign his name on
11
A
12
the gift certificate.
I never saw him sign like this
13 (indicated) .
14
Q
Now, did you have occasion to pay Mr. Colian?
15
A
Yes.
16
Did you pay him with a check?
Q
17
Yes.
A
1B
Q
Do you have those canceled checks in your
19 possession?
20
A
I can look through.
21
Q
And again, would you agree to make those canceled
22 checks available to the Register of wills as part of this
23 proceeding?
24
A
If I get a hold of them, yes.
25
Q
So your testimony is that you never really saw
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
10
38
1 Bevin print his name, only sign his name?
2
A
Yes.
3
And as far as Exhibit No.2, the white document,
Q
4 Petitioner's No.2, on Page 21, your direct testimony was that
5 you didn't recognize the second name. You recognized his
6 first name but not the second?
7
This one, yes (indicated)
A
8
MR. WOLF: He's saying the first name here
9 (indicated) .
THE WITNESS: His first name here (indicated), yes.
11 BY MR. MYERS:
12
Q
But the second one is not what you usually saw him
13 sign?
14
No, I'm always used to seeing like this
A
15 (indicated) .
16
MR. MYERS: That's all I have.
17
MR. WOLF: I have a few questions on redirect.
18
MR. WRIGHT: Proceed.
19 REDIRECT EXAMINATION
20 BY MR. WOLF:
21
Q
Mr. Anile, when you said that Mr. Colian didn't
22 generally print, did you have occasion to observe his printed
23 handwriting previously?
24
A
Yes, I've seen it.
25
Q
And what is Page 3 of Petitioner's 1, that does
DEBORAH ZEPP, COURT REPORTER
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39
1 appear to be his printed handwriting; is that correct?
2
3
4 BY MR. WOLF:
5
Q
MR. MYERS: Objection. That's leading.
MR. WRIGHT: That would be sustained.
Does Page 3 of Petitioner's Exhibit 1, what does
6 that appear to be to you?
10
11
12
7
A
Printing.
I'm sorry, I didn't hear your answer.
It's print.
And does it appear to be Mr. Colian's printing?
Yes, it could be.
And you said that you have had the opportunity to
13 observe his printed handwriting previously, correct?
14
8
Q
yes, not as much as all this here.
Yes, but
15 Q Do you have any records from your employment of
9
A
16 him? For instance, a W-4?
Q
A
Q
A
17 A Yes, I should.
18 Q And on those, would Mr. Colian have printed his
19 name in filling those out?
20
A
21
Q
22
A
23
Q
24
A
25
Are you talking about the W-2 forms?
Yes.
I don't think you need to sign that.
The W-4, the withholding forms. Excuse me.
Perhaps, yes.
Q
And if you have those in your possession, would you
DEBORAH ZEPP, COURT REPORTER
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40
1 make those available to the Register of Wills as well?
2
A
Yes.
3
MR. WOLF:
If I could have just a moment.
I have
4
no further questions for Mr. Anile.
MR. MYERS: Nothing.
MR. WRIGHT: Nothing further?
MR. MYERS: No.
MR. WRIGHT: I have nothing for him.
MR. WOLF: The only other testimony I would offer
5
6
7
8
9
10 is that of Mr. Barnett. At this point I believe Mr. Barnett
11 and Mr. Anile drove together, that if you would like to be
12 excused, as far as I'm concerned, I don't need any more
13 testimony, if the witness may be excused.
14
15
MR. MYERS: No, I don't have a problem with it.
MR. MYERS: The only thing I would remind Mr.
16 Anile. he'll try to get those documents for us.
17 (Mr. Salvatore Anile was sworn.)
18
MR. WOLF: Mr. Anile, you just gave testimony in
19 this proceeding, correct?
20
MR. ANILE: Yes.
21
MR. WOLF: Do you swear or affirm that the
22 testimony that you had previously given was the truth, the
23 whole truth and nothing but the truth?
24
MR. ANILE: Yes.
25
MR. WOLF: Is that sufficient for purposes --
DEBORAH ZEPP, COURT REPORTER
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1
2
3
4
5
6
7
41
MR. MYERS: Yes.
MR. WOLF: Thank you.
MR. MYERS: Thanks a lot.
MR. WRIGHT: Thank you.
MR. WOLF: Sorry about that.
(Witness excused.)
8 WILLIAM DUDLEY BARNETT, III, called as a witness,
9 having been duly sworn, was examined and testified as follows:
10 DIRECT EXAMINATION
11 BY MR. WOLF:
12
13
14
15
16
17
18
Q
A
Q
A
Q
A
Would you state your name for the record, please?
William Dudley Barnett, III.
And can you spell your last name?
B-a-r-n-e-t-t.
And what's your address?
428 Dogwood Court, Carlisle, pennsylvania 17013.
Q
Your relationship to the decedent, Mr. Colian,
19 could you describe that for the record?
20
A
I knew Bevin for a little bit over a year. We
21 became really good friends, hung out all the time, invited him
22 to go places with me and my family, with other of my friends.
23
So you spent a lot of time with him; would that be
Q
24 fair to say?
25
Yes, within that year, I spent a lot of time with
A
DEBORAH ZEPP, COURT REPORTER
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10
11
42
1 him.
2
And in terms of the events of January 28, 2002, did
Q
3 you go to Mr. Colian's apartment?
4
A
Yes.
5
At what time did you go to Mr. Colian's apartment?
Q
6
I know it was dark in January so it was after 5:00.
A
7 I'd say maybe sevenish.
8
Q
And that was on January 28th?
9
A
January 28th, 2002.
Q
What happened when you got there?
A
Well, I had been trying to get a hold of him for
12 like probably a day and a half or so. And I was getting
13 really worried. So me, a friend of mine Scott Houser and -- I
14 can't remember her name -- Jess Gaumer and her mother, we were
15 trying to get a hold of the landlord's phone number so he
16 could check to see what was going on.
17
18
Q
And what happened when you went to the building?
A
Well, went to the building, all the blinds were
19 shut, doors were locked. You could hear a radio inside
20 playing the same song over and over again that had been
21 playing the day before, also.
22
23
24
So you had gone there the day before?
Q
A
I went there the day before, also.
Q
And at that point did you enter the apartment?
25
A
No.
DEBORAH ZEPP, COURT REPORTER
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10
11
12
13
43
1
Q
Did you have a key to the apartment?
2
A
No.
3
Q
And when was the last time you had seen Mr. Colian
4 alive?
5 A I saw him on Saturday evening which would have been
6 the 27th. Or the 26th? of January, or the 25th.
7
For the record, I'm looking to see what date that
Q
8 would have been. And what were the circumstances that you
9 last saw him?
A
I was over there with Chris Weems. And I got a
phone call.
I was going over to a friend of mine's house to
watch a basketball game.
It was Saturday night.
14 me. And he decided he was going to stay there -- him and
Actually I think I invited him to come along with
15 Chris were going to actually watch the basketball game.
16
17
18
20
21
22
At his apartment?
Q
A
At his apartment, yeah.
Q
Did you identify Chris's last name?
19
A
Chris Weems.
Q
And that was January 26th -- or Saturday?
A
Saturday, January 26th.
MR. WOLF: For the record, January 26th of 2002 was
23 a Saturday. The 28th, the date in question, had been Monday.
24 BY MR. WOLF:
25
Now, did you talk to him after the 26th?
Q
DEBORAH ZEPP, COURT REPORTER
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44
1
Yes. I talked to him on Sunday actually. He
A
2 wanted me to come over to his house Sunday night, late Sunday
3 night which would have been the 27th of January, 2002.
4 And I actually had told him that I couldn't, I had
5 a paper to write that was due Monday so I couldn't come over
6 with him.
7
Q
What did he say?
8
A
And he said, Oh, okay, whatever, you know, talk to
9 you tomorrow.
10
Q
So that was the last time you spoke with --
11
A
That's the last time that I spoke with him.
12
Q
And on the 28th -- well, you said you went there on
13 the 27th, correct, to his apartment?
14
A
No, no, the 26th I went to his apartment. The 27th
15 I talked to him which was Sunday. And then Monday around
16 5:00, which would have been the 28th, around 5:00 I went -- I
17
stopped. First I called his cell phone.
I called his house
18 phone. No answer. And there was a weird message on it, on
19 his answering machine and his cell phone voice mail.
20
Q
And can you tell us what that message said?
21
A
Yeah, it was to -- something about how today is the
22
first day of the
today is the first day of the last day of
23 the rest of our lives or something like that which was pretty
24 strange. But at that point, I didn't think anything -- he had
25
done anything to himself.
I just had thought he was trying to
DEBORAH ZEPP, COURT REPORTER
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45
1 be funny or something like that.
2
Q
Then you said that you went to his apartment once?
3
On Monday.
A
4
Q
On Monday?
5
Yes. Knocked on the door, called his cell, heard
A
6 his cell phone inside ringing which I thought was odd
7 that -- usually his cell phone was always on him. But I
8 thought maybe he had just got up and left and went -- 'cause
10 before that. But all of a sudden out of the blue one day he
9 he had gone to his -- with his mother I'm not sure how long
11 just didn't show up for work and nobody could find him. And
12 he had gone with his mother somewhere and didn't let anybody
13 know. So I thought maybe that had happened again so I really
14 wasn't thinking too much into it. But by Tuesday, I realized
15 that there was a problem.
16
17
18
19
Q
And Tuesday would have been January 29th?
A
29th, yes.
Q
So is that the day --
A
That's the night that we got the landlord to go in.
20 He called the cops.
21
22
23
So the landlord called the police?
Q
A
Yes. The landlord entered the apartment, came out.
Q
Do you recall the name of the landlord?
24
A
No, I don't.
25
Did you enter the apartment at all --
Q
DEBORAH ZEPP, COURT REPORTER
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1
A
No.
2
Q
-- on the 29th?
3
A
No.
4
Q
So the last time you were in the apartment, was
5 that on the 26th?
6
Saturday, the 26th.
A
7
And you say that the landlord entered the
Q
8 apartment?
9
A
Yeah. We got his phone number from another tenant.
10 And we had told him, you know, Look, we haven't heard from
11 Bevin in a day and a half. We're starting to get worried. We
12 believe he may be in there or we'd like to know if he is, you
13 know, so we can find out what's going on.
14
He came with the key.
I believe he lives in Mount
15 Holly. He drove in, walked in there with a flashlight. We
16 were standing out on the road which is probably about 50 feet
17
away from the apartment. And he had a flashlight.
I heard
18 him say Bevin's name, whatever.
19 He was in there for maybe four or five seconds and
20 he came back out and he said, He's in there, he's dead. And
21 at that point he called the police and I -- everything was
22 kind of blurry for me at that point.
23
But you never went into the apartment?
Q
24
A
No, I never did.
25
And who were the other individuals that were with
Q
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
1 yoU?
2
A
47
Scott Houser who is a friend of mine.
Okay.
A girl, her name is Jess Gaumer and her mother is
5 actually Sal's brother's wife.
10
3
Q
MR. MYERS: Spell the last name.
THE WITNESS: Which one?
MR. MYERS: Gaumer.
THE WITNESS: I believe it may be -- I'm not sure.
I've never actually had to spell that.
I believe it may be
Q
A
Q
A
Q
A
20
Q
4
A
11 G-a-u-m-e-r if that sounds right.
6
7
8
9
12 BY MR. WOLF:
13
14
15
16
17
18
And you said that is Mr. Salvatore Anile's
Sister -- or sister-in-law, yeah, right.
So they were all with you?
Yes, it was the four of us.
And
Her name's LeeAnn. But I'm not positive if her
19 last name's Gaumer.
21
A
22
Q
23
A
24
Q
25
A
So it would have been you --
Right.
-- Scott Houser --
Scott Houser, Jessica
Jessica --
Gaumer --
DEBORAH ZEPP, COURT REPORTER
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1
2
3
4
Q
A
Q
A
48
Gaumer --
and the mother LeeAnn.
and the mother LeeAnn.
5 divorces or whatnot. Because her and Sebastian were actually
But I'm not positive what her last name is through
6 not married at that point in time.
7
8
10 there?
9
11
12
13
14
said
Q
A
Q
A
Sebastian being?
He's Sal's brother.
Anile's brother. Okay. And the landlord was
And the landlord.
Q
Did any of the four of you go into the apartment?
A
No, only the landlord. As a matter of fact, I had
he had said, Everybody stay out here. No one else
15 should go in there. That's what the landlord told everybody.
16
17
Was this before he went in?
Q
A
Yes. I didn't necessarily want to go in there
18 after he came out anyway.
19
Q
So did you go in there and then the State Police
20 responded to the scene?
21
Yeah.
I believe the State Police were there first
A
22 followed by an ambulance. None of them had their lights on or
23 didn't seem like they were in any kind of hurry.
24
25
And were you interviewed by the police?
Q
A
I was interviewed by the State Police, yes.
DEBORAH ZEPP, COURT REPORTER
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49
1
Q
And we've heard testimony regarding what Mr. Colian
2 was to inherit.
3
A
Yes.
4
Q
What can you tell us -- do you have any knowledge
5 of anything he may -- that he was to inherit? Do you know
6 what he was referring to?
7
A
I believe he was referring to some money that his
8 grandfather had put aside for him that he was to receive when
9
he was 21.
I guess from my understanding his grandfather
10 maybe owned some businesses or restaurants, and he had set up
11 an estate for him to receive when he was 21. The amount I'm
12 not positive or anything like that.
13
Q
From your relationship with Mr. Colian, did he
14 describe to you his relationship with his family?
15
A
Yes.
16
Q
And can you
17
MR. MYERS: Could I ask for the relevance of this?
18
MR. WOLF: I think the relevance goes to what Mr.
19
Colian's
Mr. Colian's directions. Obviously the
20 Respondents have raised the issue of his testamentary
21 capacity, whether or not he was under any sort of duress or
22 undue influence and I believe that the description that he had
23 given to others that he knew of what his relationship was like
24 with his family is very relevant to the disposition of any
25 assets and what role, if any, his parents may have played
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
50
1 during the last year of Mr. eolian's life.
2
MR. WRIGHT: I believe it's sufficiently relevant.
3 Proceed.
4 BY MR. WOLF:
5
Q
Go ahead, answer the question.
6
What was the question?
A
7
The question was, What description did Mr. Colian
Q
8 give about his relationship with his family?
9
A
They definitely -- from what I understand, he had
10 told me that he was abused from his parents, that there was
11 use of alcohol, possibly alcoholism by his mother -- or his
12 father and possibly his mother if I remember.
13
He really wanted no part of them anymore. He felt
14 that, you know, he really had no reason to ever come in
15 contact or to share any part of his life with them. He seemed
16 happy with that.
17
Now, you mentioned that he had immediately prior to
Q
18 his death or sometime soon prior to his death gone somewhere
19 with his mother.
20
Yeah.
I believe -- from what I understand, I think
A
21
he went to maybe where his grandmother lives.
I'm not sure.
22 But he did mention it had something to do with his inheritance
23
I'm not sure if he had to go sign paperwork or what
money.
24 was going on with that, but he did leave to go with his mother
25 one morning.
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
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1
Q
Now, to your knowledge, had Mr. Colian lived with
2 his parents during the year -- when was the last time he lived
3 with his parents to your knowledge?
4
A
To my knowledge, it was before he was 17. Once he
5 was 17, he was emancipated and was -- had no longer part of
6
his
I mean, responsible to his parents I suppose.
7 Q Do you know where he lived immediately prior to the
8 apartment? Where he was living at the time.
9 A Immediately prior to the apartment, he lived in
10 another apartment building just above the Boiling Springs
11 Tavern but I don't believe he lived there more than a couple
12 months.
13
Q
Before that?
14
A
Before that he had lived with a foster home. He
15 lived in a foster home. Before that he lived at Tressler
16 Care, Tressler Wilderness Care I believe it's called. And I
17 think that he had actually been put into Tressler after he had
18 been emancipated from my knowledge.
19
Q
To your knowledge, he was approximately 17 when he
20 was with Tressler?
21
A
Yes.
22
Q
During the time that you knew Mr. Colian, other
23 than that one occurrence where he went somewhere with his
24 mother, did you know him to keep in contact with his parents?
25
A
No.
DEBORAH ZEPP, COURT REPORTER
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1
Q
52
And you said you spent a lot of time with him?
Urn-hum.
Would you most likely have known if he had been in
4 touch with his parents?
2
A
Yeah. He would have told me.
Why do you say that?
8 best friend for a year, so, I mean.
Well, he told me everything. I mean, I was his
3
Q
5
A
6
Q
7
A
9
Q
10 suicide?
11
12
A
Q
Did you have any idea that he was going to commit
No.
13 prior to his death?
Had he ever discussed with you any of his wishes
14
15
A
Q
16 camera?
A
17
18
19
20
Q
A
Q
No.
To your knowledge, did you ever see him use a video
Yes.
And did you ever use a video camera with him?
Yes.
21 of the videotape which is marked as Exhibit 4?
And you were present for the viewing of a portion
22
23
24
25
A
Q
A
Q
Yes.
And was that Mr. Colian on that tape?
Yes.
Did you ever obtain $5000 from Mr. Co1ian's
DEBORAH ZEPP, COURT REPORTER
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53
1 apartment building?
2
A
No.
Did you ever go looking for it?
No.
Did you have any knowledge of it until yesterday?
No, I did not.
How did you come by that knowledge?
From you.
10 yesterday?
And so you had no knowledge before I told you
11
12
3
Q
No.
Were you given anything of Mr. Colian's or did you
13 take anything of Mr. Colian's?
14
4
A
I mean, we lended each other CDs and stuff
No.
15 like that but nothing
16
17
18
19
20
5
Q
I'm saying after his death --
Oh. No.
-- have you received anything?
No.
21 to your relationship with Mr. Colian that would shed some
Is there anything else you can tell us with regard
6
A
22 light on the nature of the proceedings today?
23
7
Q
Well, like I said, you know, I'd known him for a
24 year and we built a strong friendship within a year and I
8
A
25 could have seen us, you know, remain friends for a long time.
9
Q
A
Q
A
Q
A
Q
A
Q
A
DEBORAH ZEPP, COURT REPORTER
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2
3
54
MR. WOLF: I have no further questions.
MR. WRIGHT: Cross?
MR. WOLF: Actually before you start, can we take a
4 moment, if we could, of a brief recess? Because I imagine
5 that will be another couple minutes of your cross.
6
MR. MYERS: Sure.
7 (A recess was taken from 11:48 a.m. 11:49 a.m.)
9 BY MR. MYERS:
8 CROSS EXAMINATION
10
Q
Mr. Barnett, your direct testimony was that you
11 went to Mr. Colian's apartment in Boiling Springs on the 26th
12 of January of 2002 with a Chris Weems?
13
A
14
Q
Yes.
15 to your home to watch --
The purpose of that was to ask Bevin to go with you
16
A
17
Q
No.
-- a basketball game? Where were you going to go
18 to watch a basketball game?
19
A
20
Q
21
A
22
Q
23 alive?
24
A
25
on Sunday.
I was going to go to another friend's house.
And Chris Weems, is his last name W-e-e-m-s?
Correct.
So you and he were the last two people to see him
Not correct. Because on Sunday -- I didn't see him
I'm not sure who hung out with him on Sunday.
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
1
Q
55
2 you saw Mr. Colian living was the 26th of January, 2002?
Well, to the best of your knowledge, the last time
3
A
Correct.
And you were with Chris Weems?
Correct.
And your direct testimony was that after Mr. Colian
7 indicated that he would not go with you, Chris Weems stayed
4
Q
8 with him at Mr. Colian's apartment in Boiling Springs to watch
5
A
9 a basketball game there?
10
11
6
Q
Correct.
12 of the 26th, that was the last time you saw him alive but
So when you left Mr. Colian's apartment on the date
A
Q
13 Chris Weems remained behind with Mr. Colian?
14
15
16
17
18
A
Q
A
Q
A
19
Q
20 though?
21
22
A
Q
Correct.
Now, do you know what time it was on the 26th?
I'd say 10:00 p.m. possibly.
You know Chris Weems pretty well?
Yes.
He's not as close a friend to you as Bevin was
Actually, yeah.
I mean, I grew up with Chris.
23 with him?
You grew up with Chris. You went to high school
24
A
25
Q
Well, yeah, he's a little bit younger than I am.
You were in high school at the same time?
DEBORAH ZEPP, COURT REPORTER
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1
A
56
Yes.
Did you play basketball with him?
Yes.
So you were on the same team?
No.
No. How did you play basketball with him if you
7 weren't on the same team?
10
11
12
13
2
Q
MR. WOLF: Objection. Relevance.
MR. MYERS: He testified. I'm asking.
MR. WOLF: I'm just wondering what - -
MR. MYERS: 1'11 withdraw the question.
BY MR. MYERS:
19
A
Q
A
Q
A
the 29th.
Q
3
A
Now, you indicated in your direct testimony that
14 you went to Bevin's apartment on the 28th of January, 2002,
4
Q
15 approximately 5:00 to sevenish. That's correct; is it not?
16
17
18
5
A
No.
That was your direct testimony.
5:00.
5:00?
Yeah.
I never said 7:00. That was the next day,
6
Q
23 testimony, because you had been trying to get a hold of him
8
9
Q
20
21
24 for one and a half days?
25
A
Well, when I went Monday, it wouldn't have been one
DEBORAH ZEPP, COURT REPORTER
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57
1 and a half days; it would have only been like half a day.
2 Tuesday would have been one and a half days.
3
Q
And you went there on the 28th again with Scott
4 Houser, Jessica Gaumer, and LeeAnn whoever; is that correct?
5 A Not correct. 29th we went.
6
Q
Oh, so that's the 29th now. How many times did you
7 go to Mr. eolian's apartment between the 27th and the 28th?
10
11
12
8
A
The 27th would have been Sunday. Twice.
Two times?
Monday and Tuesday.
Right. And both times
MR. WOLF: Excuse me. I think he said the 27th and
13 the 28th which was Sunday and Monday.
14
15
9
Q
MR. MYERS: Yes.
MR. WOLF: I believe my client --
16 BY MR. MYERS:
17
18
19
A
Q
Q
A
Q
20
A
21
Q
22
A
23
Q
24
A
25
Q
So you didn't go there at all on the 27th?
No.
You went the 28th?
The 28th.
What time did you go there on the 28th?
5:00.
5:00 p.m.?
Fiveish p.m.
Fiveish p.m. Okay. And you went there by
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
1 yourself?
2
A
3
Q
4
A
5
Q
6
A
7
Q
8
A
9
Q
10
A
11
Q
58
Correct.
No one was there. You rapped on the door?
Correct.
And no answer?
No answer.
But you heard loud music playing?
Not necessarily loud but I heard it.
You heard music playing?
Yes.
And you heard the music was one song on a repeating
12 play cycle so to speak?
13
A
Yeah, it was -- yes. Well, the next day it was the
14 same song so I assumed it was on repeat.
15
Q
16
A
17
How long did you stay there on the 27th?
The 27th?
MR. WOLF: The 28th.
18 BY MR. MYERS:
Or the 28th.
I'm sorry.
19
Q
20
A
21 minutes.
22
Q
23 28th?
24
A
25
Q
The 28th? I stayed there about four minutes, three
Did you use your cell phone to call him on the
Yes.
Did you hear his cell phone ringing?
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
1
A
59
Yes.
And you left?
Yes.
Did you have occasion to speak to Mr. Weems on the
On the 28th? Yes.
8 visited Bevin Colian's apartment?
Did you indicate to him what had happened when you
10
2
Q
Yes.
Did he indicate to you when he had left Bevin
11 Colian's apartment on the 26th or 27th since he had --
12
13
14
15
3
A
4
Q
5 28th?
6
A
7
Q
9
A
Q
A
Q
A
Q
16 right?
17
18
19
20
21
22
23
A
Q
A
Q
A
Q
A
No.
-- stayed there for a basketball game?
No.
Now, you talked to Bevin on the 27th, though,
Correct.
That's a Sunday?
Correct.
And you had a paper to write?
Correct.
What was the paper in?
I really have no recollection.
It wasn't a major
24 paper; it was just an assignment.
25
Q
What was it for, high school or college?
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
1
A
60
College.
What college do you attend?
Harrisburg Area Community College.
Now, was it on the 27th or the 28th that you got
5 the weird messages on the cell phone and answering machine?
2
Q
28th.
28th. Had you ever gotten Bevin Colian's answering
9 and cell phone voice machine or voice whatever you call it
or you had gotten Bevin Colian's answering machine
3
A
10 before that?
11
12
4
Q
MR. WOLF: Voice mail.
THE WITNESS: Yes.
I don't believe he had a
6
A
13 message though.
7
Q
14 BY MR. MYERS:
15
8
machine
16 called Bevin Colian's cell phone and it didn't pick up? You
So you never had gotten a message on when you had
Q
17 had never gotten one?
18
19
20
21
A
Q
No, not that I remember.
So now on the 27th, you got this weird message?
MR. WOLF: 28th.
THE WITNESS: The 28th.
22 BY MR. MYERS:
23
Q
The 28th you got this weird message. And the same
24 thing on the answering machine?
25
A
It wasn't the same message but to the same extent.
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
1
Q
61
It was a weird message?
Yes.
4 answering machine something to the effect that, This is Bevin,
And was the message prior to the 28th on Bevin's
2
A
5 I can't come to the phone, please leave a message and I'll
3
Q
6 call you back?
7
A
No.
I believe it may have been the generic type
8 that comes with the answering machines.
10
11
9
Q
So it was never changed?
No.
So on the 28th or sometime after the 26th, the
12 answering machine message got changed by Bevin?
13
14
A
Q
A
Q
Correct.
15 cell phone but he put one on there?
And previously he had never had an answer on his
16
17
A
Q
Correct.
18 heard the cell phone ringing?
Now, what time did you get there on Monday when you
19
20
A
21 home?
Q
22
23
A
Q
24 evening?
25
A
It was 5:00.
5:00 again. Okay. And you just left and went
Yes.
And then did you try to call him later that
Yes.
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
1
Q
A
Q
A
Q
mail?
A
Q
62
How many times did you try to call him?
Maybe twice.
Did you leave messages on his answering machine?
Yes.
Did you leave messages on his cell phone voice
9 he had one other time in the recent past gone somewhere with
2
3
4
5
6
10 his mother?
11
12
A
Q
Correct.
And this is his mother who is an alcoholic and
13 abused him as a child?
14
15
A
Q
I'm not positive if she is an alcoholic but
And this is the same mother -- I'm assuming this is
16 the same mother who Bevin had indicated to you that he wanted
17 no part of and seemed happy with --
18
19
A
Q
Correct.
But he traveled with his mother somewhere and
20 you're not sure where?
21
A
Correct.
23 his mother where he had gone?
Did you ever discuss with him after that trip with
22
Q
24
A
25
Q
Yes.
Did he tell you where he had gone?
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
63
1
A
He didn't say exactly.
2
Q
Did he have a lot of close friends?
3
A
Not necessarily. Acquaintances.
4
Q
Mostly acquaintances. Did he tell you that he had
5 been in various locations ending with Tressler Wilderness Care
6 and a foster home because of his drug abuse?
7
MR. WOLF: Objection. Relevance.
8
MR. WRIGHT: It will be admitted.
9
MR. MYERS: I think it's certainly relevant if he's
10 his best friend.
11 BY MR. MYERS:
12
Q
Did he tell you that's why he had been in those
13 locations?
14
A No.
Q Isn't it true he did abuse drugs?
A No.
Q Did he abuse alcohol himself?
A No.
Q Did he drink?
A No.
Q Never drank?
A Oh. Yes.
Q Did he drank in your presence?
A Yes.
Q Was he 217
15
16
17
18
19
20
21
22
23
24
25
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
1
2
3
4
5
6
7
8
A
Q
A
Q
A
Q
A
Q
64
No.
Were you 21?
No.
Do you know where he came by the alcohol?
No.
You characterized yourself as his best friend?
(Nodded affirmatively.)
Someone that you would go through life with as your
9 best friend?
10
11
12
13
A
Q
A
Q
14 parents?
15
16
A
Q
Correct.
Who shared his innermost secrets with you?
As far as I know, yes.
Including the fact that he had been abused by his
Yes.
That his father was an alcoholic and his mother may
17 be an alcoholic?
18
19
A
Q
Yes.
But he never indicated to you that he was even
20 contemplating suicide?
21
22
23
24
A
A
Nope.
Q
You never found that odd?
Repeat again.
Q
Do you find that odd that someone who's considering
25 taking his own life would not indicate to his best friend that
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
65
1 he was so troubled that he was contemplating taking his own
2 life?
3 A No.
4 Q That wasn't odd to you at all?
5 A No.
6 Q He was just a real good friend?
7 A Yes.
8 Q He never -- well, actually he did discuss his,
9 quote, inheritance that he was supposed to, quote, inherit
10 money from his grandfather?
11
12
A
Correct.
Q
Do you know when his grandfather passed away?
13
A
No.
14
Q
Was his grandfather living?
15
A
Not that I know of.
16
Q
Did he tell you that his grandfather was deceased?
17
A
No.
18
Q
Did he tell you where his grandfather lived?
19
A
No.
20
Q
Did he tell you anything about his grandfather
21 other than that he was going to inherit money from him?
22
He told me that he had owned a restaurant, a
A
23 restaurant or something, some sort of business.
24
Q
So on the 29th when you went back to the apartment,
25 you never entered the apartment?
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
66
1 A Correct.
2 Q And the landlord -- you don't recall his
3 name was the only person who entered prior to the
4 Pennsylvania State Police?
5
A
Correct.
6
MR. MYERS: I don't have anything else.
7
MR. WOLF: I have nothing further.
8 BY MR. WRIGHT:
9
Q
I have a couple of questions. Mr. Barnett, at what
10 point were you aware that any of the documents we have marked
11 as evidence or that videotape existed?
12
A
January 29th, 2002.
13
Q
How did you become aware of this?
14
A
The police -- State Police, whoever interviewed
15 me.
16
Q
I see.
17
MR. WOLF: For the benefit of the record, was that
18 Trooper Allen?
19
THE WITNESS: I don't remember.
I know I spoke to
20 Trooper Allen but I'm not sure if it was him that night.
21 BY MR. WRIGHT:
22
Q
Mr. Barnett, are you familiar with Mr. Colian's
23 signature?
24
A
No.
25
MR. WRIGHT: I have nothing further.
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
10
11
12
67
1 REDIRECT EXAMINATION
2 BY MR. WOLF:
3
Q
Were you familiar with his handwriting?
4
A
Not -- not really.
5
MR. WOLF: I have nothing further for the witness.
6
MR. WRIGHT: Does either Party wish to make a
7 closing statement?
8
MR. MYERS: Off the record just a second.
9
(A discussion was held off the record.)
MR. MYERS:
I don't need to make a closing
argument.
I would ask the Register to set the bond so that my
clients know what amount they've agreed to.
It's somewhere
13 between I guess 50 and $5000 -- or 500 and $5000.
14
MR. WOLF:
I believe the petition for Probate had
15 listed assets in excess of 30,000; is that correct?
16
MR. MYERS: I think that's probably right.
I think
17 in the end it turned out it probably wasn't that much. But
18 the Statute provides for a bond either 500 -- between 500 and
19 $5000 at the discretion of the Register of wills. And if you
20 set it at $5000, we have no issue with that amount.
21
MR. WRIGHT: The purpose of that bond is not to
22 secure the assets.
23
MR. MYERS: Right.
24
MR. WRIGHT: The purpose
25
MR. WOLF: Understood.
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
68
1
MR. WRIGHT:
-- of that bond is basically just to
2 provide a remedy for any additional delay.
3
MR. MYERS: I understand that.
4
MR. WOLF: With regard to the caveat, obviously
5 since there will be further proceedings, likely I will say it
6 would have been nice to have had advance warning of the filing
7 of the caveat prior to today.
8
MR. MYERS: I didn't get to Carlisle to file it
9 until today frankly, Nathan.
10
MR. WOLF: So that I could have prepared to at
11 least even in part address it. However, I believe it would be
12 probably most appropriate to reserve any closing argument or
13 statement until this caveat is disposed of because obviously
14 no decision can be made on our petition either for the
15 petition for Probate or the Petition for Grant of
16 Letters -- or Revocation and the Grant of Letters until the
17 caveat is disposed of so I don't think it would behoove anyone
18 to have that argument on the record right now.
19
MR. WRIGHT: Very well. The Register of wills will
20 take this matter under advisement. And as a caveat has been
21 filed, no decision will be rendered on the matters before us
22 today until the caveat has been disposed of.
23 The record is now closed.
24 (The proceedings adjourned at 12:09 p.m.)
25
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
69
1 I hereby certify that the proceedings and
2 evidence are contained fully and accurately in the notes taken
3 by me on the within proceedings and that this copy is a
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
4 correct transcript of the same.
5
6
7
8
9
p
ter-Notary Public
DEBORAH ZEPP, COURT REPORTER
(717) 528-8373
Z
~U
COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF REVENUE
DEPT. 280601
HARRISBURG, PA 17128-0601
DECEDENTS NAME (LAST, FIRST, AND MIDDLE INITIAl
COLIAN, Bevin M
DATE OF DEATH (MM-OD-Year)
01/28/2002
REV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
OFFICIAL USE ONLY
FILE NUMBER
2 1 -0 2 0 2 8 4
COUNTYCODE yEA~ NUMBER
SOCIAL SECURITY NUMBER
DATE OF BIRTH (MM-DO-Year) THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
1 1/02/1 982 REGISTER OF WILLS
(IF APPLICABLE} SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER
[] 1. Original Return [] 2. Supplemental Return [] 3. Remainder Return (date ofdeath pdorto 12-13-82)
[] 4. Limited Estate [] 4a. Future Interest Compromise (date of death after 12-1282) [] 5. Federal Estate Tax RetarD Required
r-~ 6. Decedent Died Testate (Atiach copy of W~II) N~ 7. Decedent Maintained a Living Trust (Attach copy of Trustl -- 8. Total Number of Safe Deposit Boxes
[] 9. Litigation Proceeds Received [] 10. Spousal Povedy Credit (date of death between 123~-9~ and 1195) [] 11. Election to tax under Sec. 9113(A) (^t~ch Sch O)
THIS SECTION MUST
Z
NAME
Forest N Myers
FIRM NAME (If Applicable)
Law Office Forest N Myers
TELEPHONE NUMBER
717.532.9046
COMPLETE MAILING ADDRESS
137 Park PI W
Shippensbur.q
PA 17257
1. Real Estate (Schedule A) (1)
2. Stocks and Bonds (Schedule B) (2)
3. Closely Held Corpora6on, Partnership or Sole-Propdetarship (3)
4. Mortgages & Notes Receivable (Schedule D) (4)
5. Cash, Bank Deposits & Miscellaneous Personal Property (5)
(Schedule E)
6. Jointly Owned Properly (Schedule F) (6)
] Separate Billing Requested
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Proper[,/ {7)
(Schedule G or L}
8. Total Gross Assets {total Lines
9. Funeral Expenses & Administrative Costs (Schedule H) {9)
10. Debts of Decedent, Mortgage Liabilities, & Liens {Schedule I) (10)
11. Total Deductions (total Lines 9 & 10)
12~ Net Value of Estate (Line 8 minus Line 11)
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been
made (Schedule J)
14. Net Value Subject to Tax (Line 12 minus Line 13)
(9)
OFFICIAL USE ONLY
(11)
(12)
(13)
(14)
0.00
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
15. Amount of Line 14 taxable at the spousal tax
rate, or transfers under Sec. 9116 (a)(12)
16. Amount of Line 14 taxable at lineal rate
17. Amount of Line 14 taxable at sibling rate
18, Amount of Line 14 taxable at ocllateral rate
19. Tax Due
20.
x __ (15)
x __ (16)
x .12 (17)
x .15 (18)
(19)
>> BESURETOANSWER~ELQUESTiONSONREVERSESiDEANDRECHECKMATH <<
Decede~t's Complete Address:
STREET ADDRESS
109 Third St
CITY
Boiling Springs I STATE PA
I ZIP 17007
Tax Payments and Credits:
1. Tax Due(Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
(1)
Total Credits (A + B +C ) (2)
Interest/Penalty if applicable
D. Interest
E. Penalty
Total Interest/Penalty ( D + E ) (3)
If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Check box on Page 1 Line 20 to request a refued {4)
If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5)
A. Enter the interest on the tax due. (SA)
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B)
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent reake a transfer and: Yes
a. retain the use or income of the property transferred; ........................................................................... []
b. retain the dght to designate who shall use the property transferred or its income; ........................................ []
c, retain a reversionary interest; or ...................................................................................................... []
d. receive the promise for life of either peyments, benefits or cara? ............................................................. []
2. If death occurred after December 12, 1982, did decedent transfer preperty within one year of death
without receiving adequate consideration? ............................................................................................... []
3, Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? ................. []
4. Did decedent own an Individual Retirement Acccont, annuity, or other con-prebate property which
contains a beneficiary designation? ....................................................................................................... []
No
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
Under penalties of perjurT, I declare that I have examined this return including accom~)anylng schedules and statements, and o he best of my knowledge and belief, s rue, correct and complete,
Declara~on o preparer other than the personal representative is b~ed on all inf~rma~on of which preparer has any knowredge,
SIGNATURE OF PERSON RESPONSIBLE FOR FILING RETURN
ADDRESS 'J~rey M Colian / i~ichel~ ~;oli~n
92 Ashley Dr Marietta
SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE
DATE
PA 17547
DATE
ADDRESS
Forest N Myers ~
137 Park PI W Shippensbur,q
PA 17257
For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3%
[72 P.S, §9116 (a) (1,1) (i)],
For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0% [72 P.S. §9116 (a) (1.1) (ii)l.
The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if
the surviving spouse is the only beneficiary.
For dates of death on or after July 1,2000:
The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent,
or a stepparent of the child is 0% [72 P.S. §9116(a)(1.2)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. §9116(1.2) [72 P.S, §9116(a)(1)],
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S. §9116(a)(1.3)]. A sibling is defined, under Section 9102, as an
individual who has at least one parent in common with the decedent, whether by blood or adoption,
BUREAU OF TNDZVZDUAL TAXES
INHERITANCE TAX DIVISION
DEPT. Z80601
HARRISBURG, PA 171Z8-060!
COMNON#EALTH OF PENNSYLVANIA
DEPARTHENT OF REVENUE
NOTICE OF INHERITANCE TAX
APPRAZSENENT, ALLO#ANCE OR DZSALLO#ANCE
OF DEDUCTIONS AND ASSESSNENT OF TAX
REV-1547 EX AFP (01-OS)
FOREST N MYERS
F N MYERS LAN OFFICE
137 PARK PL N
SHIPPENSBURG
DATE 11-01-2004
ESTATE OF COLIAN
DATE OF DEATH 01-28-2002
FILE NUMBER 210Z-OZ84
COUNTY CUMBERLAND
ACN 101
Amoun~ Remi~ad
CUT ALONG THIS LINE ~
BEVIN
HAKE CHECK PAYABLE AND REHZT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17015
RETA/N LOWER PORTION FOR YOUR RECORDS ~
M
REV-1547 EX AFP (01-03) NOTICE OF INHERITANCE TAX APPRAZSEHENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF COLIAN BEVIN MFZLE NO. 21 02-0284 ACN 101 DATE 11-01-2004
TAX RETURN HAS: (X) ACCEPTED AS FILED ( ) CHANGED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON:
1
3
$
6
7
8
ORIGINAL RETURN
Real Estate (Schedule A) (1)
S~ocks and Bonds (Schedule B) (2)
CloseZy Held Stock/Partnership Interest (Schedule C) (3)
Nor~gages/Notes ReceAvable (Schedule D) (4)
Cash/Bank Deposits/Risc. Personal Property {Schedule E) (5).
Join~/y Owned Property {Schedule F)
Transfers (Schedule G) (7)
Total Assets
APPROVED DEDUCTIONS AND EXEHPTZONS:
9
10
11
12
15
Funeral Expenses/Adm. Costs/Hisc. Expenses (Schedule H)
Dabts/Nortgage Liabilities/Liens (Schedule Z)
Total Deductions
Net Value of Tax Return
(9)
(10)
CharitabZe/Governmental Bequests; Non-elected 9115 Trusts (Schedule J)
Net VaZue of Estate Subject to Tax
O0
O0
O0
.00 NOTE: To insure proper
O0 credi* to your account,
O0 submit the upper portion
of ~his form ~ith your
tax payment.
.00
(8)
.00
.00
NOTE:
.00
(11) .~§
(12) .00
(15) .00
(14) .00
Z~ an assessment was issued prev/ously, lines 14, 15 and/or 16, 17,
reflect figures that include the total of ALL returns assessed to date.
18 and 19 will
ASSESSHENT OF TAX:
15. Amount of Line 14 at Spousal rate
16. Amount of L/ne 14 taxable a~ Lineal/Class A rate
17. Amount of Line 14 at Sibling rate
18. Amount of L/ne lq taxable at Collateral/Class B rate
19. Principal Tax Due
TAX CREDITS:
PAYNENT RECETpT BISCOUNT
DATE NUNBER /NTEREST/PEN PA/D (-)
ZF PAID AFTER DATE /NDZCATED~ SEE REVERSE
FOR CALCULATION OF ADD/TIONAL INTEREST.
(is), .00 x O0 = .00
(~6). .00 x 045= .00
(17). .00 x 1Z = .00
(~8), .00 x 15 = .00
(19)= . O0
AHOUNT PAID
TOTAL TAX CREDIT
BALANCE OF TAX DUE
INTEREST AND PEN.
TOTAL DUE
.00
.00
.00
.00
( IF TOTAL DUE ZS LESS THAN $1, NO PAYNENT 1S REgU/RED.
[F TOTAL DUE 1S REFLECTED AS A 'CRED/T" (CR), YOU NAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORH FOR /NSTRUCT/ONS.)
.
Register of Wills of Cumberland County
STATUS REPORT UNDER RULE 6.12
NameofDecedent: ()()\ I ctn I De (ilY\ r0
DateofDeath: ~\/')8l ~-;)...
Estate No.: () 0 rp ~ - 0 cp;x B 'i
Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following
with respect to completion of the administration of the above-captioned estate:
1. State~ether administration of the estate is complete:
. Yes jOt No 0
2. If the answer is No, state when the personal representative reasonably believes that
the administration will be complete:
3. If the answer to No. I is Yes, state the following:
a. Did the personal representative file a final account with the Court?
Yes 0 No f8f
b. The separate Orphans' Court No. (if any) for the personal representative's
account is:
c. Did the perso~epresentative state an account informally to the parties in
interest?YesA No 0
c. Copies of receipts, releases, joinders and approval of formal or informal
accounts may be filed with the Clerk of the Orphans' Court and may be
attached to this report.
D%~: .P'l/(J3! [J5
,.....,..'
~ \~
Signature
Fdeb't iJ M'1.~r.) ( [SG
Name
\?, -:t- furk- fit L0
~~. ppe A..~b~ f 0
-q-{ t ~ l. t G3 \
Telephone No.
Capacity: lLtPersonal Representative
o Counsel for personal representative
fA \~J4\
ufi
Estate Number
21-02-0284
Some Content
Is Sealed
See Clerk