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Home My WebLink About01-03-12Ronald L. Finck, Esquire ~? "°~~~ . Sup. Ct. LD. No. 89985 ~ ~ ~., , ~- ~' METTE, EVANS 8c WOODSIDE ,~~c> ~ ~- E:. 3401 North Front Street ._- ~ ~ ; P.O. Box 5950 `- cr ~~ «~~ ~ , - Harrisbur PA 17110-0950 g, ~ ' ~ -" : J . ~ -- - (717) 232-5000 ~ _ 1' ~ ~? ;-'- ' rlfmck@mette.com --~ " C; r.:- IN ~~ IN THE COURT OF COMMON PLEAS WILLIAM I. EVANS WILL CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION DANNY B. EVANS, . Petitioner ORPHANS' COURT N0.21-08-0979 v. IRMA DAVENPORT, Respondent JURY TRIAL DEMANDED NOTICE OF APPEAL Notice is hereby given that Danny B. Evans, Petitioner above-named, hereby appeals to the Superior Court of Pennsylvania from the order entered in this matter on the 6~' day of December, 2011. The order has been entered in the docket as evidenced by the attached copy of the docket entries. Respectfully submitted, METTE, EVANS & WOODSIDE Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P.O. Box 5950 Harrisburg, PA 1 7 1 1 0-0950 (717) 232-5000 -Phone (717) 236-1816 -Fax Attorneys for Petitioner, Danny B. Evans Date: January 3, 2012 11021712292011 ORC621 Case No 2008-00979 A TRUE COi'Y Ft;O~Vi FtE00RD In Testimony wherof, I hereunto set my hand and the seal of said Court at Carlisle, PA Thisy of~20~. Gark of the Orphan(~~ OQUhrt, ~illS?'t~ ~.wi ~4.:r~! E t: is ~: 4~. `Y Cumberland County - Orphans Court Pa e 1 12/29/2011 Case Name: EVANS WILLIAM I Age Docket Entries Filed 10/01/08 1 PETITION FOR PROBATE AND GRANT OF LETTERS TESTAMENTARY OATH OF PERSONAL REPRESENTATIVE WILL DEATH CERTIFICATE MW 10/01/08 2 DECREE OF PROBATE AND GRANT OF LETTERS TESTAMENTARY MAW 10/27/08 3 TIFICATION OF NOTICE UNDER RULE 5.6 (A) W SZ 3/05/09 4 APPEAL FROM DECREE OF THE REGISTER OF WILLS WSZ 3/05/09 5 PETITION FOR CITATION SUR APPEAL FROM DECREE OF PROBATE WSZ 3/05/09 6 CERTIFICATE OF RECORD TO COURT UPON RECEIPT OF AN APPEAL FROM DECREE OF REGISTER OF WILLS FILED THIS DAY THE REGISTER OF WILLS CERTIFIES THE ENTIRE RECORD TO COURT PURSUANT TO PA CS 907 WITNESS MY HAND AND OFFICIAL SEAL OF THE OFFICE OATH CARLISLE PA THIS 5TH DAY OF MARCH 2009 GLENDA FARNER STRASBAUGH WSZ 3/06/09 7 DECREE IN RE PETITION FOR CITATION SUR APPEAL FROM DECREE OF PROBATE CITATION IS AWARDED UPON THE RESPONDENT IRMA DAVENPORT TO SHOW CAUSE WHY TFiE RELIEF REQUESTED IN THE PETITION OF DANNY B EVANS SHOULD NOT BE GRANTED RETURNABLE BY WAY OF A WRITTEN ANSWER TO FILED NOT LATER THAN 20 DAYS AFTER SERVICE -BY THE COURT EDGAR B BAYLEY PJ COPIES MAILED VIA USPS ON 3-6-09 CAJ 3j26/09 8 RESPONDENTS RESPONSE TO CITATION SUR APPEAL FROM DECREE OF PROBATE JAN 4/02/09 9 PRAECIPE FOR WITHDRAW OF APPEARANCE OF JANE ADAMS ESQ J~ECIPE FOR ENTRY OF APPEARANCE OF MARK A MATEYA ESQ 4/16/09 10 RESPONDENT'S FIRST AMENDED RESPONSE TO CITATION SUR APPEAL FROM DECREE OF PROBATE AJW 6/25/09 11 INHERITANCE TAX PYMT 11021712292011 Cumberland County - Orphans Court Pagge 2 ORC621 12/29/2011 Case No 2008-00979 PAID - 20,100.00 A N - 101 RECEIPT - CD011405 POSTMARK DATED - 06Cf25/2009 COMMUNITY LAND TRANSFER LLC 8/18/09 12 RESPONDENT EXECUTRIX'S RULE TO SHOW CAUSE WHY PETITIONERS PETITION FOR CITATION SUR APPEAL FROM DECREE OF PROBATE SHOULD NOT BE GRANTED WSZ 8/19/09 13 ORDER OF COURT DATED 8/18/09 IN RE RESPONDENT/EXECUTRIX'S RULE TO SHOW CAUSE WHY PETITIONERS PETITION FOR CITATION SUR APPEAL FROM DECREE OF PROBATE SHOULD NQT BE GRANTED THE MOTION FOR A RULE TO SHOW CAUSE WHY THE PETITION OF DANNY B EVANS SHOULD NOT BE DISMISSED WITH PREJUDICE IS DENIED THE RESPONDENT IRMA DAVENPORT SHOULD MOVE THE PETITION TO DISPOSITION -BY THE COURT EDGAR B BAYLEY PJ COPIES MAILED VIA USPS ON 8/19/09 CAJ 8/30/10 14 RULE 6.12 REMINDER LETTER MAILED TO ATTY & PERSONAL REPRESENTATIVE SAP 9/22/10 15 STATUS REPORT 6.12 INCOMPLETE FILED SAP 1/27/11 16 PETITION TO REQUEST A HEARING SAP 2/03/11 17 ORDER OF COURT DATED 02/03/11 IN RE PETITION TO REQUEST A HEARING A HEARING ON THE MERITS OF PETITIONERS PETITION FOR CITATION SUR APPEAL FROM DECREE OF PROBATE IS SCHEDULED FOR 3/22/11 AT 3:00 PM 2/N3~RiRM 1 BY THE COURT J WESLEY OLER JR JUDGE COPIES MAILED SAP 3/03/11 18 MOTION FOR CONTINUANCE OF HEARING AND SCHEDULING A JURY TRIAL WSZ 3/11/11 19 ORDER OF COURT DATED 3/11/11 IN RE MOTION FOR CONTINUANCE OF HEARING AND SCHEDULING OF A JURY TRIAL THE MOTION IS DENIED INASMUCH AS THERE IS NO RIGHT TO JURY TRIAL IN A CASE OF THIS TYPE IF A FURTHER PERIOD OF HEARING IS NECESSARY IT WILL BE SCHEDULED AT THE CONCLUSION OF THE HEARING ON TUESDAY'S/22/11 BY THE COURT J WESLEY OLER JR JUDGE COPIES MAILED ON 3/11/11 SAP 3/24/11 20 ORDER OF COURT DATED 03/22/11 IN RE MOTION TO TERMINATE UPON CONSIDERATION OF PETITIONE MOTION TO TERMINATE THIS MATTER IN HIS FAVOR ON THE GROUND THAT THE WILL OF WILLIAM I EVANS SHOULD NOT HAVE BEEN PROBATED IS DENIED BY THE COURT J WESLEY OLER JR JUDGE SAPIES MAILED ON 3/24/11 11021712292011 Cumberland County - Orphans Court Page 3 ORC621 12/29/2011 Case No 2008-00979 3/24j11 21 ORDER OF COURT DATED 3L22/11 IN RE RECORD TO REMAIN OPEN THE RECORD SHALL REMAIN OP N D A FURTHER FULL DAY OF HEARINS IS SCHEDULED FOR MONDAY 6 27 11 AT 9:30 AM IN CRTRM 1 AT TIME OF SDJOURNMENT THE PETITIONE WAS IN THE PROCESS OF PRESENTING HIS CASE IN CHIEF EXECUTRIX EXHIBIT 1 HAD BEEN IDENTIFIED AND ADMITTED PETITIONERS EXHIBIT HAD BEEN WITHDRAWN NEITHER COUNSEL HAS REQUESTED THAT THE STENOGRAPHER TRANSCRIBE AND FILE A COPY OF THE NOTES OF TESTIMONY FROM TODAYS PROCEEDING BY THE COURT J WESLEY OLAPR JR JZJDGE COPIES MAILED 03/24/11 3/30/11 22 HALFRDAY FHEARINGDIS/SCHEDULEDRINPTHETABOVEOMATTERTFOR 6/29~11ER AT 9:30 .~M IN CRTRM 1 -BY THE COURT J WESLEY OLER JR J COPIIES MAILED 3/30/11 CAJ 6/30/11 23 ORDER OF COURT DATED 6/27/11 IN RE RECORD TO REMAIN OPEN FOLLOWING A SECOND DAY OF HEARING WHICH HAS NOT YET BEEN COMPLETED THE RECORD SHALL R MAIN OPEN AND FURTHER HALF-DAY OF HEARING IS SCHEDULED FOR 6/29 11 COMMENCING AT 9:30 AM IT IS NOTED THAT AT THE TIME OF ADJOU ENT ON TODAYS DATE THE PETITIONER WAS IN THE PROCESS OF PRESENTING HIS CASE-IN-CHIEF AND HAD PRESENTED A NUMBER OF WITNESSES CONCLUDING WITH THOMAS EVANS AT THE TIME OF ADJOURNMENT ON TODAYS DATE PETITIONERS EXHIBITS 3 4 5 6 7 AND 8 HAD BEEN IDENTIFIED AND ADMITTED AT THE PROCEEDING ON 3/22/11 (NEXT) 6/30/11 24 (CONY) IT IS FINALLY NOTED THAT BOTH COUNSEL HAVE REQUESTED THAT THE STEONOGRAPHER TRANSCRIBE AND FILE THE NOTES OF TESTIMONX FROM TODAYS PROCEEDING COUNSEL HAVE FURTHE REQUESTED THAT THE NOTES OF TESTIMONY FROM THE PROCEEDING ON 3/2211 BE TRANSCRIBED AND FILED -BY THE COURT J WESLEY OLER J CAJIES MAILED 6/30/11 7/08/11 25 ORDER OF COURT DATED 6/29/11 IN RE MOTION FOR COMPULSORY NONSUIT FOLLOWING ARGUMENT BY COUNSEL THE IyOTION IS DENIED -BY THE COURT J WESLEY OLER JR J COPIES MAILED 7/8/11 CAJ 7/08/11 26 ORDER OF COURT DATED 6L29/11 IN RE RECORD TO REMAIN OPEN UPON CONSIDERATION OF THE PEETITTION FOR CITATION SUR APPEAL FROM DECREE OF PROBATE AND FOLLOWING A 3RD PERIOD OF HEARING WHICH HAS NOT YET BEEN CONCLUDED THE RECORD SHA L EMAIN OPEN AND A FURTHER FULL DAY OF HEARING IS SCHEDULED FOR 9 29 11 AT 9:30 AM THIS PROCEEDING WILL IN ALL LIKELIHOOD TAKE P C~ IN A COURTROOM OTHER THAN CRTRM 1 WHICH IS SCHEDULED FOR ANOTHER PROCEEDING WITH ANOTHER JUDGE IT IS NOTED THAT AT THE TIME OF ADJOURNMNET ON TODAYS DATE THE PETITIONER HAD COMPLETED THE PRESENTATION OF HIS CASE-IN-CHIEF AND THE EXECUTRIX/RESPONDENT (NEXT) 7/08/11 27 (CONY) HAD PRESENTED THE TESTIMONY OF HER FIRST WITNESS BERNARD DAVENPORT IT IS FURTHER NOTED THAT AT THE TIME OF ADJOURNMENT ON 11021712292011 Cumberland County - Orphans Court Page 4 ORC621 12/29/2011 Case No 2008-00979 TODAYS DATE PETITIONERS EXHIBIT 9 HAD BEEN IDENTIFIED AND ADMITTED NO OTHER EXHIBITS HAD BEEN IDENTIFIED AND ADMITTED NO OTHER EXHIBITS HAD BEEN IDENTIFIED AND ADMITTED PREVIOUSLY BOTH COUNSEL HAVE REQUESTED THAT THE STENOGRAPHER TRANSCRIBE AND FILE THE NOTES OF TESTIMONY FROM TODAYS PROCEEDING -BY THE COURT J WESLEY OLER JR J COPIES MAILED 7/8/11 CAJ 8/23/11 28 RELEASE HMW 9/02/11 29 RULE 6.12 REMINDER LETTER MAILED TO ATTY & PERSONAL REPRESENTATIVE DB 9/14/11 30 REV 1548 NOTICE INH TAX APPR JOINT ASSETS ACN 11003465 PAID IN FULL HEA 9/20/11 31 STATUS REPORT 6.12 INCOMPLETE FILED DB 10/05/11 32 ORDER OF COURT DATED 09/29/11 IN RE RECORD CLOSED UPON CONSIDERATION OF THE PETTITIION FOR CITATION SUR APPEAL FROM DECREE OF PROBATE AND FOLLOWING A FOURTH PERIOD OF HEARING AND THE EVIDENTIARY PHASE OF THE CASE HAVING BEEN CONCLUDED THE RECORD IS DECLARED CLOSED AND THE MATTER IS TAKEN UNDER ADVISEMANT BY THE WSZRT J WESLEY OLER JR JUDGE COPIES MAILED 10/05/11 9/30/11 33 ORDER OF COURT DATED 930[11 IN R APPEAL FROM DECREE OF RO ATE OF PETITION FOR CITATION SUR APP L A HEARING HELD ON 3 22 11 6/27 11 CJOUR/T FINDING WITH RESPECT 'PO HE THE4T~METOFTITSECREATIONRTHEDPETT WESLEY OLER JR J COPIES MAILED 9I/ CAJ 10/06/11 10/06/11 10/06/11 10/20/11 PETITION FOR CITATION SUR CONSIDERATION OF PETITIONERS OM DECREE OF PROBBATE FOLLOWING 6/29L11 AND 9L29/11 AND THE ROBATTED WILL IN HI5 CASE DATED ACK TESTAMENTARY CAPACITY AT ~N1IS DISMISSED -BY THE COURT J 34 TRANSCRIPT OF PROCEEDINGS DATED 3/22/11 IN CRTRM 1 CAJ 35 TARAJI~TSCRIPT OF PROCEEDINGS DATED 6/27/11 IN CRTRM 1 36 TRANSCRIPT OF PROCEEDINGS DATED 6/29/11 IN CRTRM 1 CAJ 37 D1EBITIONER'S EXCEPTIONS TO COURT ORDER DATED SEPTEMBER 30 2011 11021712292011 Cumberland County - Orphans Court Page 5 ORC621 12/29/2011 Case No 2008-00979 10/28/11 38 ORDER OF COURT DATED 10/25/2011 IN RE PETITIONER'S EXCEPTIONS TO COURT ORDER DATED 09/30/2011 AN ARGUMENT ID SCHEDULED IN THE ABOVE MATTER FOR MONDAY 11/28/2011 AT 11:15 AM IN COURTROOM NO 1 BRIEFS ARE DUE 5 DAYS PRIOR TO THE ABOVE SCHEDULED ARGUMENT BY THE COURT J WESLEY OLER JR JUDGE COPIES MAILED 10/28/2011 DMB 10/31/11 39 PETITIONER'SNEXCEPT~ONSSTOFCOURTOORDER DATEDD9/30%ORT TO MAW 12/06/11 40 ORDER OF COURT DP,.TED 12/3/11 IN RE PETITIONERS EXCEPTIONS 0 COURT ORDER DATED 9/30/11 AND FOLLOWING ORAL AGRUMENT HELD ON 11f28/11 THE EXCEPTIONS A E DISMISSED -BY THE COURT J WESLEY OLER J COPPIES NCIAAJLED 12/6/11 12/06/11 41 ORDER OF COURT DATED 12/3/11 RESPOND NT IRMA DAVENPORRT TO DATED 930/11 RESPONDF,NTS R COURT O DE DATED 9/30/11 BE THE RECORD IS DENIED - Y THE CAJ IN RE OBJECTIONS AND RESPONSES OF PETITIONERS EXCEPTIONS TO COURT ORDER BQUEST THAT PETITIONERS EXCEPTIONS TO DISMISSED FOR LACK OF CITATIONS TO COURT J WESLEY OLER MAILED 12/5/11 12/09/11 42 MOTION OF RESPONDENT IRMA DAVENPORT TO AMEND ANSWER TO CONFORM TO EVIDENCE ADMITTED AT TRIAL DMB Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 METTE, EVANS & WOODSIDE 3 (717)232-5000 rlfmck@mette.com ~ ~~ IN THE COURT OF COMMON PLEAS WILLIAM I. EVANS WILL CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION DANNY B. EVANS, . Petitioner ORPHANS' COURT N0.21-08-(~79 '_' • ~~n ~ 'a~C_~ .:~~m I _ IRMA DAVENPORT, ~=~,-,~~,~- ~•.. J, Respondent JURY TRIAL DEMANDED ~ «~~ ?~ ~._: :n . _.. ~'~ C~ REQUEST FOR TRANSCRIPT - ~' A Notice of Appeal having been filed in this matter, the official court reporter is hereby ordered to produce, certify and file the transcript in this matter in conforming with Rule 1922 of the Pennsylvania Rules of Appellate Procedure. t Respectfully submitted, ME//TT~~E, EVANS & WOODSIDE Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 -Phone (717) 236-1816 -Fax Attorneys for Petitioner, Danny B. Evans Date: January 3, 2012 ' The Court Reporter previously transcribed the proceedings that occurred on March 22, 2011, June 27, 2011, and June 29, 2011. The proceedings on September 29, 2011 have not yet been transcribed. Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 rlfinck@mette.com IN RE: WILLIAM I. EVANS WILL DANNY B. EVANS, Petitioner v. IRMA DAVENPORT, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ORPHANS' COURT N0.21-08-0979 c~ ~ ~ ~ ~ r ~1~~ m 'r ~ -r JURY TRIAL DEMANDED } ~ ~ -T, ~~~5 w PROOF OF SERVICE ~ "~' _-- ;_„ ~ ~ r• -T, I aver that I am this day serving a copy of the Notice of Appeal and the Request for Transcript in the above-captioned matter upon the following persons by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, addressed as follows: The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Squaze Cazlisle, PA 17013-3387 Court Reporter Cumberland County Courthouse One Courthouse Squaze Cazlisle, PA 17013-3387 Mazk Mateya, Esquire Mateya Law Firm 55 West Church Avenue Carlisle, PA 17013 Attorney for Respondent, Irma Davenport Court Administrator Cumberland County Courthouse One Courthouse Squaze Cazlisle, PA 17013-3387 Respectfully submitted, METTE, EVANS & WOODSIDE Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 -Phone (717) 236-1816 -Fax Attorneys for Petitioner, Danny B. Evans Date: January 3, 2012 546481v1