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HomeMy WebLinkAbout07-05-05 IN RE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : ORPHANS' COURT DIVISION : NO. 21-03-936 A..c( #0. ~/~OY-.30/ ELEANOR Ii. COOLIDGE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL AND NOW, comes the Petitioner, Julia Elizabeth Coolidge-Stolz, M.D., by and through her counsel. R. Mark Thomas, Esquire. and pursuant to this court's order of June 20, 2005, files a Concise Statement of Matters Complained of on Appeal: ij ISSUES RAISED ON APPEAL I. It was an abuse of discretion for the trial court to deny Petitioner's request for a trial b,y jury under 20 Pa.C.S. ~ 777(c). 2. The court erred in finding that a confidential relationship did not exist between the.decedent and her son. Respondent Thomas E. Coolidge. Such a finding is not supported by the cvidence. 3. The court erred in finding that the respondents did not receive a substantial benelit under the Will dated December 8. 2003. Such a finding is not supported by the evidence. 4. The court erred in its linding that the decedent did not suffer from a weakened intellect for a significant period of time prior to and/or on the date of execution of the Will dated Decembcr 8. 2003. Such a finding is not supported by the evidence. 5. The court's characterization of Petitioner's "unmeritorious" attempt to have a guardian apP0inted lor hcr mother reveals bias of judge against Petitioner in light of fact that only a few minutes of testimony were presented and Petitioner was not afforded opportunity to testify. \{ '1-- 6. The court's finding that Petitioner's relationship with the decedent was less than harmonious is not supported by the evidence. 7. In light of all of the testimony and documentary evidence submitted, it was an abuse or discretion for the court to find that Petitioner, Petitioner's witnesses and Petitioner's documentary evidence were not credible. Although the court makes no credibility holdings in its Adjudication and Decree, such ajudgment of the lack of credibility of Petitioner's case must be inferred Ji'om the tenor of the Adjudication and Decree, WHEREFORE, Petitioner intends to raise these Issues In her appeal of the court's Adjudication and Decree. Respectfully submitted, kMJ~ R. Mark Thomas, Esquire 10# 41301 101 S. Market Street Mechanicsburg, P A 17055 (717) 796-2100 . CERTIFICATE OF SERVICE L R. Mark Thomas. Esquire. hereby certify that I have served a true and correct copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Mechanicsburg. Pennsylvania. First Class Postage pre-paid, which service satisties the requirements of the Pennsylvania Rules of Civil Procedure, addressed to: James D. Flower, Jr., Esq. Attorney for Respondents 26 West High Street Carlisle, PA 17013 Robert M. Frey, Esq. Attorney tor the Estate of Eleanor U. Coolidge 5 South Hanover Street Carlisle. P A 17013 ~J~ R. Mark Thomas, Esquire 101 S. Market St. Mechanicsburg, PA 17055 717-796-2100 Dale: July 5.2005