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HomeMy WebLinkAbout01-27-12~FCa~r~~~ ~~~;~ 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 1N RE: WILLIAM I. EVANS WILL DANNY B. EVANS, Petitioner v. IRMA DAVENPORT, Respondent ~~~z~aN2~ ars~~:56 CLF..~( OF IXJI~~,R ~ills~ ~R PA 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ORPHANS' COURT N0.21-08-0979 CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL The Appellant, Danny B. Evans ("Appellant") files this Concise Statement of Matters Complained of on Appeal, as follows: 1. This matter arises out of the Court's Orders dated September 30, 2011 and December 6, 2011 in which the Court dismissed the Petitioner's Appeal from Decree of Probate without an opinion. The basis for the dismissal is not readily discernable and therefore this concise statement of matters complained of on appeal is filed in general terms as contemplated by Pa. R.C.P. No. 1925(b)(4)(vi). 2. The Decedent, William I. Evans ("Decedent"), died on September 26, 2008 and on October 1, 2008, Appellee, Irma Davenport ("Appellee"), the Decedent's sister, filed a Petition for Probate of a Will dated April 17, 2006 (the "2006 Will"). 3. Appellee is the sole beneficiary of the 2006 Will. 4. The 2006 Will purports to revoke a prior Will created approximately eight (8) months eazlier in which the Decedent left the entirety of his estate to his son, the Appellant. 5. By Decree dated October 1, 2008, the Register of Wills admitted the 2006 Will to probate as the Last Will and Testament of the Decedent and Letters Testamentary were issued to the Appellee. 6. After a series of hearings before the Honorable J. Wesley Oler, Jr. beginning on Mazch 22, 2011 and concluding on September 29, 2011, the Court dismissed the Appellant's Appeal from Decree of Probate. 7. The Court's refusal to grant Appellant's Appeal from Decree of Probate was in error because the Appellee failed to establish her initial burden of proving that the formalities of execution had been followed with respect to the execution of the 2006 Will. 8. The Court erred in denying Appellant's Appeal from Decree of Probate because the evidence presented established that the Decedent lacked testamentary capacity. 9. The Court erred in denying Appellant's Appeal from Decree of Probate because the evidence presented established that the 2006 Will was the product of undue influence exercised by Appellee. 10. The Court erred in granting the Appellee's Motion to Amend her Pleadings after the record was closed and after a Notice of Appeal was filed in violation of Pa. R.A.P. No. 1701. 11. The Court's Order permitting the Appellee to amend her pleadings by rescinding admissions of fact after hearing is violative of the Appellant's due process of rights. 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) 236-1$16 -Fax Date: January 26, 2012. Attorneys for Appellant, Danny B. Evans PROOF OF SERVICE I aver that I am this day serving a copy of the Appellant's Concise Statement of Matters Complained of on Appeal 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 Thomas A. Placey Cumberland County Courthouse One Courthouse Square Cazlisle, PA 17013-3387 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Cazlisle, PA 17013-3387 Mazk Mateya, Esquire Mateya Law Firm 55 West Church Avenue Cazlisle, PA 17013 Attorney for Appellee, Irma Davenport Respectfully submitted, METTE, EVANS &. WOODSIDE Date: January 26, 2012 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 Appellant, Danny B. Evans sso6os~i