HomeMy WebLinkAbout11-16-06
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NOV 16 2006
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ESTATE OF
LINWOOD B. PHILLIPS, JR.
:IN THE COURT OF COMMON PLEAS
:OF PENNSYLVANIA -
:CUMBERLAND COUNTY BRANCH
ALICE R. PHILLIPS
V.
ROBERT G. FREY
:NO. 21-06-0122
CONFERENCE MEMORANDUM
Status Conference was held before the undersigned Judge with counsel of record
on November 14,2006. It was agreed that Petitioner would file a reply to the P.O.s by
Monday, November 20,2006. If new matter is alleged, Respondents would have twenty
(20) days to file their written reply.
Briefing schedule would be a deadline of February 1,2007, for the heirs of the
Estate to su~mit their briefs on the P.O.s and Petitioners would have until March 1,2007,
to file a reply brief.
Argument Conference on the record is hereby scheduled for March 9, 2007, at
9:00 am. to be held in Courtroom #2 of the Perry County Courthouse, New Bloomfield,
Pennsylvania.
Petitioner has elected to withdraw the undue influence and tortious influence
claims at this time so that the sole issue to the brief and argument would be the Dead
Man's Rule. Depending on this Court's ruling, an appeal may be filed to an appellate
court before hearing could be scheduled in this matter.
Additionally, it was suggested that all of the heirs of the Estate, including the
remaindermen should be served with ~:~~~~,~~~$}n~dings and Petitioner's counsel
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has indicated that he will accomplish tha; i~~~I.~~ future.
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In order to facilitate service of all pleadings and briefs upon the undersigned
Judge, it is suggested that counsel fax all documents to the Judge directly (717-582-5166).
The hearing for November 21, 2006, is hereby CANCELLED.
C. JOSEP
41 st Judici
Specially P
November 14, 2006
cc: Neil W. Yahn, Esquire
Robert G. Frey, Esquire
George B. Faller, Jr., Esquire
Michael J. Collins, Esquire
Hubert X. Gilroy, Esquire
George F. Douglas, III, Esquire
Thomas F. Flower, Esquire
Court Administrator of Cumberland County
Court Administrator of Perry County
File
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: LINWOOD B. PHILLIPS, JR.
ALICE R. PHILLIPS
V.
ROBERT G. FREY
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-06-0122
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 11-14-06
JUDGE'S INITIALS: JAK
TIME STAMP DATE: CJR
IN RE: CONFERENCE MEMORANDUM
SERVICE TO:
NEIL W Y AHN ESQ. ROBERT G FREY ESO. GEORGE B FALLER ESO.
MI€IIAE~rcOCLR m LJO. HUBERT X GILROY ESQ. GEORGE F DOUGLAS III ESQ
THOMAS F FLOWER ESQ. CQTTO." ^:QrfRT OF CtJ1d~ c()~. ," 'Kt ADMIN OF PERRY CO
CO\,;)M
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
~ USPS
DRRR
D HAND DELIVERED
D OTHER_
D PETITIONER
D JUDGE
~ CLERK. OF ORPHANS COURT
MAILED: 11/20/06
SERVICE TO:
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METHOD OF MAILING:
ENVELOPES PROVIDED BY:
D USPS
DRRR
~ HAND DELIVERED
D OTHER_
D PETITIONER
D JUDGE
D CLERK. OF ORPHANS COURT
MAILED:
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