HomeMy WebLinkAbout01-05-04
INRE:
ESTATE OF LOYT. HEMPT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-77-231
TRUSTEE.S RESPONSE TO KALBACH OBJECTORS.
MOTION IN LIMINE TO PRECLUDE
ATTORNEY EXPERT TESTIMONY ON LEGAL ISSUES
Gerald L. Hempt, Trustee of the Residuary Trust under the Will of Loy T. Hempt,
by and through his undersigned counsel, makes the following response to the Kahlbach
Objectors' Motion in Limine to preclude expert testimony on legal issues:
1. The Kalbach Objectors have moved to preclude the testimony of C.
Thomas Work, Esquire, as an expert witness in this matter. A copy of Mr. Work's expert
report is attached to the Kalbach Objectors' Motion in Limine as Exhibit A.
2. The Trustee has submitted Mr. Work's expert report because the Auditor
may find it useful and of assistance to hear the expert testimony of an attorney who has
concentrated his practice in the area of law at issue in this matter.
3. The Auditor has the discretion to admit Mr. Work's expert testimony if the
Auditor finds the testimony helpful. See Pa.R.C.P. 702, 704.
WHEREFORE, the Trustee respectfully requests that the Auditor deny the
Motion in Limine of the Kalbach Objectors, and permit Mr. Work to testify as an expert
witness in these proceedings.
Respectfully submitted,
McNEES WALLACE & NURICK LLC
By ~ fl;,.~
Richard W. Stevenson
Attomey 1.0. No. 7120
Donald B. Kaufman
Attomey 1.0. No. 49674
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
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Attomeys for Gerald L. Hempt, Trustee
of the Residuary Trust under the
Will of Loy T. Hempt
Dated: January 5, 2004
-2-
CERTIFICATE OF SERVICE
I hereby certify that on this date, true and correct copies of the foregoing
document was served upon the following by first-class U.S. mail.
Daniel L. Sullivan, Esquire
METTE, EVANS & WOODSIDE
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
Joel Zullinger, Esquire
Zullinger-Davis, P.C.
14 North Main Street, Suite 200
Chambersburg, PA 17201
D~t.~
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Dated: January 5,2004