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Home My WebLink About06-19-14 IN RE: ESTATE OF E. JEANNE �� (HOGUE) RECHT, deceased � �. QCountp of�umbert�nb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT ORPHANS' COURT DIVISION � �, � 21-13-0154 c, � r . �'' --` M � c' IN RE: CONTINUANCE c� -_. � �,_ �, « __ �,. Lt.,_ i-'' ....> ('?; '�:, �K_ � <�,� :�.� ORDER OF COURT �.-� �'� � ''� = c'� "i � A�N[�'�,jV'�W, this 19th day of June 2014, upon review of Petitioner's counsel's � �,•�� _� � � �, �;�ma��,l-to court s�aff, attached herein as Court Exhibit 1, that indicates counsel's belief � � N that the hearing "will probably take a full day or possibly up to a day and a half", the hearing originally reset for 10 July 2014 is continued. In the place of the hearing on 10 July 2014 the court will conduct a prehearing conference with counsel at 1:30 p.m. in the jury deliberation room of Courtroom Number Six, assuming the jury has completed its work, otherwise the court will relocate the conference. The parties shall submit, prior to the prehearing conference, but no later than the close of business on 7 July 2014, a prehearing memorandum to the Court Administrator and serve on all other parties a copy of same. The memorandum shall set forth in the following order: 1. A brief statement of the basic facts as Petitioner and/or Respondent perceives them. 2. A statement as to the principle issue(s) to be decided by the court. 3. A summary of legal issues regarding the admissibility of testimony, exhibits or any other matter for use at the hearing together with any legal authorities relied upon for their admissions and/or use expected. 4. The identity and short statement of testimony for each witness any party expects to calL 5. A list of exhibits with a brief identification of each in a columnar format. 6. The current status of any settlement negotiations including any statement as to whether an alternative resolution option has been sought. As this hearing was set to be heard in the month of June, the above information for the pretrial memorandum will not be unnecessarily burdensome. A tentative date for the rescheduled hearing in this matter is for 6 August 2014 at 1:30 p.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania. The advanced scheduling of the prehearing conference may allow the court to alter the hearing schedule as necessary to accommodate additional time. At the prehearing conference the following shall be considered: a. The order of testimony. b. The narrowing of issues. c. The entry of prehearing order to include time limits. d. The special scheduling of any witness either party intends to call. e. The possibility of obtaining admissions of fact and documents which will avoid unnecessary proof. f. Any such other matters as may aide in the disposition of the case. 2 The court shall make an order reciting the action taken at the conference, any agreements made by the parties, and limiting the issues for the hearing to those not disposed by admissions or agreements. Such order shall control the subsequent course of action unless modified at the hearing to prevent manifest injustice. BY THE Thomas A. acey C.P.J. Distribution: Kathleen Misturak Gingrich, Esq. Marc Roberts, Esq. Richard R. Reilly, Esq. John M. Recht, Jr. Jane Recht James Recht Joan R. Wolf Jan Recht Stogsdill 3 � s Hall, Marie From: Kathleen Misturak-Gingrich <kgingrich@pjrlaw.com> Sent: Friday, June 13, 2014 3:13 PM To: Hall, Marie Cc: 'Kathleen Misturak-Gingrich'; 'Amanda Bove'; marc@marcrobertslaw.com Subject: In re: Estate of E.Jeanne (Hogue) Recht, Dkt No. 21-13-154 Importance: High Dear Marie, Thanks for speaking with me today with respect to the above captioned Orphan's Court matter, currently set for hearing on July 10, 2014 at 1:30pm before the Honorable Thomas A. Placey.The luly 10 hearing date was set by Judge Placey after Attorney Roberts requested, with my concurrence, a continuance from the originally set hearing date of June 18, 2014, due to a conflict. I spoke with you today(with Attorney Robert's concurrence)to request that Judge Placey consider, if his schedule would permit, starting the Hearing earlier on July 10, 2014 or, a�ternatively, continuing it over to Friday,July 12, 2014. This request was necessitated for two (2) reasons. First, because 1 believe, based upon the number of witnesses that I alone will be calling, that the Hearing will probably take a full day or possibly, up to a day and a half. Second, because the Petitioner lives in Florida, I am trying to avoid the cost and inconvenience to Ms.Stogsdili of making multiple trips to Pennsylvania to attend the Hearing. I understand that Judge Placey personally set the Hearing date and that he did so in an effort to avoid delaying the Hearing until August, which I appreciate. However, unless the amount of time set for the July 10 Hearing can be extended, I fear that we will be having the second day of Hearing in August anyway. Unfortunately, that would necessitate a second trip and concomitant expense for Ms. Stogsdill. I did not discuss moving the Hearing to August with Attorney Roberts, but I have copied him on this email and would ask that he promptly notify the Court should he object to having the Hearing in August in the event that Judge Placey is unable to accommodate my request for additional time in July. Alternatively, that he notify the Court of any dates in August in which he is unavailable.The only date in August that I am unavailable is August 22, 2014 as I already attached in Dauphin County for Hearing on another case. Otherwise, I will make myself available as the Court's calendar permits. I apologize to the Court for the need to make this request, but in doing so, I hope to be able to avoid multiple Hearing dates that would be spread out over time. Thank you for your consideration and courtesy in this matter. Best regards. �� ,t�4t� C� �= � 1C � � �� t'��'E�, �, �C...l�5�r>c-° Kathleen Misturak-Gingrich, Esquire Law Offices of Peter 1. Russo, P.C. 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 717.591.1755. Extension 116 � EXHIBIT � � ��... � Iq ��4 : ORPHANS' COURT DNISION . COURT OF COMMON PLEAS OF In Re: Jeanne(Hogue)Recht,Deceased . CUMBERLAND COLJNTY . PENNSYLVANIA . N0.21-13-0154 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 6/19/14 JUDGE'S INITIALS: TAP TIME STAMP DATE: 6/19/14 IN RE: Order of Court ............................................................................................................................ SERVICE TO: Jan Recht Sto�sdi1125 Country Ciub Rd Shalimar FL 32579 Joan R. Wolf 411 Limestone Rd Carlisle PA 17013 Jane Recht 37 Randal Ave West Hartford CT 06783 John M.Recht Jr. 5520 Dansby Place Tallahassee FL 32311 Richard R.Reillv 54 N Duke St York PA 17401 METHOD OF MAILING: ENVELOPES PROVIDED BY: �USPS ❑PETITIONER ❑ RRR � JUDGE ❑HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER MAILED: 6/20/14 ............................................................................................................................ SERVICE TO: Marc Roberts 149 E Market Steet York PA 17404 Kathleen Misturak-Gingrich 635 N 12�'St Suite 101 Lemovne PA 17043 James Recht 45 Province St Apt 2703 Boston MA 02108 METHOD OF MAILING: ENVELOPES PROVIDED BY: � USPS ❑PETITIONER ❑RRR � JUDGE ❑HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER MAILED: 6/20/14 � �� Deputy Clerk of Orphans' Court