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HomeMy WebLinkAbout03-18-15 (4) F:\F1LES\C1ients\14474 Blake\14474.1.mot.continuance l.wpd Seth T. Mosebey, Esquire I.D.No. 203046 CZ` David A. Fitzsimons, Esquire t I.D. No. 41722 MARTSON LAW OFFICES 10 East High Streetcx� I r.y ,. F ir r Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioner IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF Ernest H. Blake, Deceased CUMBERLAND COUNTY, PENNSYLVANIA Late of Lower Allen Township ORPHANS' COURT DIVISION Cumberland County, PA NO. 21-12-0088 COMBINED MOTION FOR CONTINUANCE AND MOTION IN LIMINE AND NOW, comes Pamela Vazquez, Executrix of the Estate of Ernest H. Blake, by her attorneys,Martson Law Offices,and hereby files this Combined Motion for Continuance and Motion in Limine as follows: 1. Pamela Vazquez ("Movant") is the Executrix of the Estate of Ernest H. Blake ("Decedent"). 2. On December 13, 2013, Movant filed a First and Final Account (the "Account") to conclude her administration of Decedent's estate. 3. At the Confirmation of Accounts held on January 14, 2014, Patricia Bowser ("Objector") field verbal objections to the Account. 4. With the concurrence of counsel for Movant,this Court issued an Order of Court on January 14,2014,providing Objector with thirty(30)days to file written objections to the proposed distribution. 5. On January 24,2014,Movant filed a Praecipe to Relist the Account for confirmation on March 4, 2014. 6. On February 12, 2014, Objector filed Objections to the Account seeking reimbursement for, among other things, various funeral related expenses. 7. On March 4, 2014, the Honorable Albert H. Masland issued an Order of Court directing the parties to "use their best efforts to resolve the outstanding issues." 8. Pursuant to the request of the parties, the Honorable Albert H. Masland held a conference with counsel for the parties on May 9, 2014. 9. On May 9,2014,the Honorable Albert H.Masland issued an Order of Court directing the parties to use their best efforts to mediate their dispute. 10. The parties agreed to mediate the outstanding issues and engaged in mediation on November 14, 2014. 11. On November 24,2014,the Honorable Christylee L. Peck issued an Order of Court scheduling a hearing for February 20, 2015, to resolve the Objections. 12. Counsel for Objector contacted counsel for Movant to request a continuance for the hearing, and counsel for Movant concurred with the request. 13. On January 5, 2014, the Honorable Christylee Peck issued an Order of Court rescheduling the hearing to March 30, 2015, 14. On March 18, 2015, Movant filed a Motion for Partial Summary Judgment seeking a decision to dismiss Objector's claim for reimbursement of funeral-related expenses, which constitute the bulk of Objector's claims. 15. Movant's Motion for Partial Summary Judgment is scheduled to be heard on April 17, 2015. 16. On March 16, 2015, counsel for Movant contacted counsel for Objector to request a continuance for the hearing on the Objections until a decision was reached on Movant's Motion for Partial Summary Judgment. 17. Counsel for Objector does not concur with the request for a continuance. 18. Movant did not file her Motion for Partial Summary Judgment for the purpose of delaying the hearing in this matter,nor does Movant believe that a continuance would unreasonably delay or prolong a decision on the Objections. Pa. R.C.P. No. 1035.2. 19. Movant believes and avers that both equity and the interests of judicial economy weigh in favor of a continuance. 20. In the event that a continuance is not granted, Movant requests a motion in limine precluding the admission of any evidence relating to the funeral-related expenses until a decision has been reached on the Motion for Partial Summary Judgment. 2 21. Given that the Movant is a resident of South Carolina and has significant commitments to her family and employer,Movant also requests permission to testify at the hearing by telephone or other remote communication methods. 22. Particularly if the hearing is initially limited to testimony and evidence relating to Objector's claim relating to her personal property, Movant's testimony will be limited, and the expense to the Estate for travel and lodging for the Movant to provide such limited testimony will be unduly burdensome and detrimental to the heirs of the Estate. 23. Concurrence of counsel for Objector was sought,and Objector does not concur with the relief requested in this Motion. 24. The Honorable Christylee Peck has been assigned to this matter. WHEREFORE, Movant, Pamela Vazquez, Executrix of the Estate of Ernest H. Blake, requests (1) that a continuance be granted for the hearing scheduled for March 30, 2015; (2) or in the alternative, that a motion in limine be granted in her favor limiting the testimony at the hearing on March 30,2015,to evidence relating to personal property and that Movant be permitted to participate in the hearing by telephone or other remote communication methods, as directed by this Court. MARTSON LAW OFFICES By• J , Seth T. Mosebey, EsAy re I.D.No. 203046 (� David A. Fitzsimons, Esquire I.D.No. 41722 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 3113115' Attorneys for Pamela Vazquez, Executrix for the Estate of Ernest H. Blake 3 CERTIFICATE OF SERVICE I,Melissa A. Scholly,an authorized agent for Martson Deardorff Williams Gilroy&Faller, hereby certify that a copy of the foregoing Motion was served this date by depositing same in the Post Office at Carlisle, PA, first class mail,postage prepaid, addressed as follows: Stacy B. Wolf, Esquire WOLF & WOLF 10 West High Street Carlisle, PA 17013 Counsel for Objector, Patricia Bowser MARTSON LAW OFFICES By:4-T� 1�x � Air', Melissa);r cholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: J I � � 1� 4