HomeMy WebLinkAbout12-11-06
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PRO C E E DIN G S
MR. GILROY: Good morning, Judge.
MR. YARN: Good morning, your Honor.
THE COURT: Good morning. Why don't you
introduce yourselves for the record, please.
MR. YARN: Good morning, your Honor. Neil
Yahn of James Smith Dietterick and Connelly. And we
represent the petitioner, Alice Phillips, in this matter.
THE COURT: Okay.
MR. FALLER: George B. Faller, Jr., your
Honor. And I represent the executor, Robert G. Frey.
MR. GILROY: Good morning, Judge. Hubert
Gilroy representing beneficiaries Linda Stull and Linwood B.
Phillips, III.
THE COURT: Okay.
MR. FREY: Your Honor, I am Robert G. Frey the
executor.
THE COURT: Okay. Very good. Who would like
to start here this morning, give me an update of what we're
doing?
MR. YARN: Your Honor, if I could, please. We
had filed a petition to enforce the elector share of our
client, Alice Phillips. Robert Frey filed a response citing
a preliminary I'm sorry -- prenuptial agreement.
We then filed our petition to set aside that
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prenuptial agreement at the end of August of this year.
There was a response to that of which Robert Frey objected.
Preliminary objections, are responses due? Our position is
now on those.
What we were hoping to accomplish today, your
Honor, is limited to within the prenuptial agreement matter.
We wanted to set a date for argument to list our response to
the POlS, have an argument list date for that, and a
briefing schedule set for that.
Their PO's are basically under the auspices of
the dead man's statute. We would like to set that -- our
response to those PO's, set it for argument, and set a
briefing schedule for it.
With that, we'd also then like to then
schedule this for a hearing with discovery deadlines.
16 Contemporaneous, your Honor, in September of this year we
17 also then filed an undue influence claim and a tortious
18 interference claim of which they have also responded to.
19 However, it's our position at this stage the
20 prenuptial agreement should really dictate the course of the
21 second matter, that being the tortious interference undue
22 influence claim. Because depending on the outcome of that
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matter, dictates, then, how we proceed under the undue
influence slash tortious interference claim.
THE COURT: Okay. Who would like to respond
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first?
MR. FALLER: Just initially, your Honor.
THE COURT: You can remain seated.
MR. FALLER: There are two des positive
motions, I think, pending on our behalf. The first is to
remove the prohibit any testimony under the invalidation
of the prenup based on the dead man's act.
If we're correct on that, they're out of court
on that. The tortious interference claim has been brought
in the orphans' court. We have filed objections saying that
that's something that should be brought in the civil side, a
regular tort claim, if there are defendant's there.
And I think the petition names people as
respondents. They need to be named as defendant's, served
by the sheriff, and proceed accordingly. I don't think
anybody has even been served with that petition. For the
sake of economy, it was our hope to have all those des
positive motions decided at one time.
And to point out why, I think the depositions
which are scheduled -- we have a deposition scheduled
tomorrow of Sue Henry, which is part of this tortious
interference claim.
MR. YARN: No. We're -- if I may respond,
your Honor?
THE COURT: Yes, you may.
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MR. YARN: Your Honor, we are -- our
understanding is we're deposing her under the auspices of
the -- she's a material witness with regards to the
prenuptial agreement and our desire to set it aside.
MR. FALLER: Okay.
MR. YARN: I think the subpoena itself -- I'm
sorry. Strike that. The notice of death is under the
auspices of that matter, meaning the death notice that we
provided.
MR. FALLER: Okay. That may be. Maybe I was
confused, your Honor, because it was a deposition notice.
And I don't mind the informality. Deposition notice, as
opposed to a subpoena, because she's not a party or named to
be a party.
MR. YARN: I understand.
MR. FALLER: That's fine, then, if that's what
we're going forward with. It would just be our position,
rather than having to take up court time on two occasions.
There is a des positive motion pending in the tortious
interference claim. It would be our request to just set one
briefing and argument schedule as to both matters.
THE COURT: Okay.
MR. GILROY: Judge, I agree relative to the
tortious interference. What Alice Phillips filed was a
petition for relief citing undue influence and tortious
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interference with testamentary expectancy and named four
respondents: Mr. Frey, the executor; Mr. Frey's dad, Robert
M. Frey; my client, Linda Stull; and Susan Henry, who is
being deposed tomorrow.
And with all due respect to the petitioners, I
don't think -- I haven't seen any law that suggests you can
just file a petition in orphans' court and claim a tort.
You have to go over to across the hall to the prothonotaries
and file a separate tort action, civil action, and commence
it the appropriate way.
So we don't want to just let that sit. My
client is named as the respondent. We want to get it taken
care of. I think it should be withdrawn. That's probably
the most efficient manner, because I think it will be
dismissed, but we'll have to see.
But regardless, our view is that we want to
proceed on that issue to have that matter resolved. And I
don't believe that it would be overly burdensome for the
parties to just combine the two issues for purposes of
briefing.
So you basically agree with it?
Correct.
Okay. Are all the parties
THE COURT:
MR. GILROY:
THE COURT:
represented, by the way?
MR. GILROY: I don't believe they are, Judge.
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Because the beneficiaries on the estate, besides Alice
2 Phillips, the petitioner, is taking some. Generally the
3 estate leaves the rest to the four children as income
4 beneficiaries and then the multiple grandchildren consisting
5 of--
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MR. FREY: I think there are six.
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MR. GILROY: Six grandchildren who are all
8 adults. And technically I believe that they have a seat at
9 the table, each one of them.
MR. FALLER: In other words, the will leaves
11 everything to L. B. Phillip's children and trust. They get
12 the income. And the residuary part of that trust is going
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to go to all the grandchildren, who I don't believe have
14 been served with any of the petitions.
15 MR. YARN: Well, just to clarify, it would be
16 the remainder interest. But also, your Honor, just to add
17 to that. One of the essential parts of this matter and why
18 we believe that they need to be bifurcated is two things.
19 Number 1, an undue influence claim is
20 certainly within this form in the orphans' court. It's in
21 the appropriate jurisdiction. The tortious claim, tortious
22 interference claim is what we'll call a new creature, that
23 is for lack of a better term, does not have a substantive
24 amount of case law within Pennsylvania on it. With that,
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I we're certainly willing to amend our complaint within that.
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But to back up and the reason we believe that
these need to be bifurcated is, let's face it, we've got an
elective share that we have filed. Our client is seeking
the elective share of this estate. And if, in fact, the
prenuptial agreement is then invalidated, our client will
then secure the elective share.
7 However, if, in fact, the estate documents,
8 the will and subsequent codicils executed in March of '05
9 and the codicils in November of '05, are then set aside as
10 well, you then go back to the decedents prior estate plan,
11 which was his will done, as I understand it, over ten years
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ago. There he did not leave or provide for Alice Phillips.
You then look to statute. Okay? How does
14 then Alice Phillips take? She takes as an intestate heir
15 then, because there is no document providing for her. So
16 whereas under the elector share she would get a third, under
17 her intestate share she gets a half.
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Those are entirely separate issues. If the
prenup is not set aside, it would be imprudent for us to
continue down the path of going the undue influence claim.
We realize that. We understand that and recognize that.
But we're also looking to preserve our rights to attack the
validity of those documents pending the outcome of this
prenuptial agreement and our desire to set that aside.
MR. GILROY: I suggest the undue influence
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coupled with the tortious interference may be as a bad
marriage on that petition. I agree undue influence would
need to be litigated in the orphans' court. I would suggest
tortious interference is a separate civil action.
And perhaps counsel can agree to, you know, a
portion of that petition or amended petition that could be
filed. And we haven't -- I know I haven't talked with
George about whether we believe we need to address the undue
influence matter, because I haven't thought it through.
But Neil's suggestion that if all we have is
undue influence and the election against the will, then one
should be done first and one should be done second. That's
my knee jerk reaction right now
THE COURT: Okay.
MR. GILROY: -- but I haven't thought that
through.
THE COURT: All right.
MR. GILROY: So if the tortious interference
was just abandoned, my position relative to undue influence
may change.
MR. YARN: And, your Honor, if I may. Our
client is certainly not going to continue to pursue anything
against the undue influence claim or tortious interference
if we are unsuccessful in the ability to set aside the
prenup, because she is then waiving her rights to any share
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under it. We recognize that, your Honor.
MR. GILROY: And all I'm saying is that if
you're not going to pursue it, just withdraw it at the -- I
just don't think it should be in the orphans' court.
Raising a claim of undue influence, yes.
Making a claim against four named individuals
who are apparently monetary damaged because of their alleged
undue influence and/or tortious interference, that's across
the hall in the prothonotary's office as a civil action.
And that's my only suggestion. Counsel can
preserve any statute on that by walking across the hall and
filing a writ of summons. And if we want to make or file a
complaint, we will. But I think that's where that needs to
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And my client should not be sitting back
having this issue hanging over her head simply because Alice
wants to proceed with one issue first and get to making the
tortious interference claim at her desire.
MR. YARN: Well, your Honor, if I could. We
would be willing to withdraw those, both the undue influence
claim and the tortious interference claim, provided,
however, we preserve our right to later challenge them.
THE COURT: Okay. Any problem with that?
MR. GILROY: He is going to file a lawsuit
within the statute. I think that's what he'll have to do.
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MR. YARN: No. This is my request, your
Honor, is that the statute is toll. Not only on the undue
influence claim, which typically you have to bring in within
one year of probate. One year, within when that document is
presented for probate, you've got to file an undue influence
claim.
So we not only want to still preserve our
statutory tolling period there, but also the tolling period
with regards to the tortious interference claim. We're
certainly willing to withdraw them both conditioned upon
that.
MR. GILROY: I won't toll anything, Judge. He
needs to file what he needs to file. And if we need to
agree as to whether he filed the proper documents, that's
we filed a motion to dismiss and preliminary objections.
THE COURT: Well, maybe I can rule on that, if
that will help you decide what you want to do.
MR. YARN: Well, your Honor, we're more than
willing to withdraw them. I'm still within the statutory
period. We can file a writ.
MR. GILROY: Well, then that solves the
problem until he decides what he wants to do.
THE COURT: All right. Why don't you do that.
Then we only have one issue; right?
MR. FALLER: Correct.
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THE COURT: One matter to brief?
MR. FALLER: One matter to brief would be the
dead man's.
4 THE COURT: Okay. Right?
5 MR. YARN: That is correct, your Honor.
6 THE COURT: Okay. Why don't we do that then.
7 How much time do you need? Are we ready for briefs now?
8 MR. FALLER: I think they need to file their
9 response.
10 THE COURT: All right.
11 MR. YARN: We need to file our response, but
12 we'd also like it listed for argument
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THE COURT:
MR. YARN:
Okay.
-- with a briefing schedule to
respond.
THE COURT: All right. So that's the only
issue we need to discuss today or are there other issues?
MR. YARN: Well, then, your Honor, if we
could, we would also still like to set a discovery deadline
and hearing date for this. We're filling into March of '07
already, if we could get something on the calendar.
THE COURT: Sure.
MR. GILROY: Well, on that, Judge, if the
estate is successful on the preliminary objections filed by
the executor, I don't think we're going to need a hearing.
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MR. YARN: Your Honor, we would still employ
this Court to set a date for the hearing at this time. It
would -- just for the ease. I think that's a rather high
degree of hope.
THE COURT: I have no problem with setting a
hearing. How many days do you need for this? If I don't
give you -- in other words, if this goes away, that will
give me an extra vacation.
MR. GILROY: Well, that's right. But in the
meantime, Judge --
THE COURT: A week? You need a week?
MR. FALLER: It depends on what time of year
it is.
MR. GILROY: In the meantime, we've expended a
considerable amount, no doubt, of time, effort, and funds in
discovery that perhaps we don't need to do.
MR. FALLER: I would not refer to anything
that we had done as discovery. Because as an investigation
and just background and the whole point of raising the dead
man's act, is that we're not going to do any discovery. So
far as the discovery deadline is concerned, I don't --
MR. YARN: Let me clarify it, Mr. Faller.
Co-counsel, however you want to define him, just
acknowledged that he had performed discovery. Okay? This
is on the record. I've heard what he has said.
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Your Honor, what weld like to do is if we can
just set a date, five days is what we anticipate for a
hearing. You know we donlt believe it will be beyond that.
But from the standpoint of given the volume of this matter,
we believe that five days is appropriate.
THE COURT:
MR. GILROY:
All right.
Judge, I did not acknowledge I've
done discovery. I'll be in discovery tomorrow, because I'll
be sitting in a deposition listening to petitioner's
counsel, I presume, examine Sue Henry who is apparently a
fact witness on this matter. That does not mean I'm
involved in that discovery. It means -- it doesn't mean I'm
taking discovery
THE COURT: Okay.
MR. GILROY: -- or that I'm in any way waiving
the dead man's act.
THE COURT: All right.
MR. FALLER: There has been discovery, I
think, a deposition set up by Mr. Yahn's office. I don't
think we've objected to any of it, as far as I can recall.
But if Mr. Yahn is of the opinion that there was discovery
done, I would like to know what he feels that either of us
have done as far as discovery.
MR. YARN: Your Honor, I'd like to preserve my
right to -- I can set that forth in argument at the time.
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When this is listed for argument, then I can brief it.
THE COURT: All right. So that's another
issue?
MR. YARN: It's certainly an issue whether
they've already waived the dead man's statute is our
position, I guess.
THE COURT:
MR. GILROY:
All right. Okay.
I assume that would be set forth
in an answer which we haven't seen yet.
THE COURT: Right.
MR. YARN: Understood.
THE COURT: All right. When do you think the
answer will be filed?
MR. YARN: I should have the answer set for
Monday, your Honor.
THE COURT: All right. If you do that by
Monday, then how much time would you need to do the briefs?
Do you want a reply brief? Do you want a
MR. FALLER: I think we're the moving party
and we would have the first brief due. I just don't know if
there is going to be any new matter in the response. I mean
there may be.
THE COURT: Oh, something else you'd have to
respond to?
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MR. FALLER: To respond to. From what he's
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saying, if he's alleging that we somehow --
THE COURT: I guess there might be.
MR. FALLER: -- waive the dead man's act --
THE COURT: Right.
MR. FALLER: -- we may need to respond to a
factual pleading. So I'm thinking --
THE COURT: All right.
MR. FALLER: we'd get another 20 days. I
don't think, and I'm -- the fact that this is in orphans'
court may tweak it a little. But I think the rules require
an answer within 20 days unless there is an order otherwise
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So, I mean, if he's getting it filed then, we
15 MR. YARN: And, your Honor, if I may. One of
16 the difficulties that I think we can all agree on has been
17 the fact that we still have to file our documents in
18 Cumberland County and then ultimately forward them to you,
19 your Honor.
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And one of the things that I would request,
which has not been a problem to date, is the 20 day response
period. We're certainly not going to hold Mr. Faller and
his office fast to that. And as of the date today, no one
has averred it. They have been most cordial on our end in
responding to the PO's that they've filed.
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So, your Honor, I mean, if we're looking at
the 20th of December, from a standpoint of if we have our
response, and there are 20 days from that. I'm just trying
to get some bearing on this that would probably then go into
January to actually list this for argument.
MR. GILROY: Perhaps we don't need to list it
if we just agree upon a briefing schedule. Between us, your
Honor, we just set this specially for an argument.
THE COURT: You can do that.
MR. GILROY: Yes. And I assume I'm going to
be filing a brief maybe in support of Mr. Faller's just to
get something moving. We have to file something by December
20th and we're the moving party. A brief by February 1 and
a response by March 1. I'm just throwing numbers out there
to keep it moving and then argument in late March.
MR. YARN: We have no objections to that, your
Honor. But if we could set a date for the argument itself.
THE COURT: So you want two dates set, two
matters set?
MR. YARN: Correct.
THE COURT: Well, let's assume. Let's assume,
for purposes of this discussion, that you're successful in
your position at the argument. Would there be a reason to
delay the hearing date then? Would there be discovery that
would have to be performed? In other words, can we
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realistically set a feasible date for a hearing?
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MR. YARN: Your Honor, we can still proceed
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with discovery, i.e. of certain depositions of individuals,
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From that, they can certainly preserve their right to object
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based on the dead man's statute at each of those deps.
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From that, as long as we have 60 days from the
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date it was listed for argument on the dead man's, that we
9 then list it 60 days after. So we're probably into June of
10 '07 to actually list it for a hearing. And, your Honor, we
11 would just request that from the standpoint of some other
12 matters that are taking up time.
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THE COURT: Does that sound reasonable?
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MR. GILROY: Basically asking for a hearing
15 maybe in July, July or August, just so we get it on the
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MR. YARN: Well, if we're looking at let's say
18 Thursday, March 1st, for argument for purposes of the dead
19 man's. And then if we go 60 days out from March 1st.
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MR. GILROY: I think March 1st is when your
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brief was going to be due, our brief due February 1.
THE COURT: That's what I thought you said.
MR. GILROY: Your brief due March 1.
MR. YARN: Okay. Fair enough.
MR. GILROY: Let's say argument, depending
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upon your schedule, later in March.
THE COURT: And that would be a half day?
MR. GILROY: At the most.
MR. YARN: Certainly I couldn't imagine it
taking even that.
MR. GILROY: Just to highlight the issue,
Judge, the burden is then going to be on the Court to get a
decision out
THE COURT: That's true.
MR. GILROY: -- before the
THE COURT: Yes.
MR. GILROY: You know if we argue in March and
then we have a hearing scheduled in July or August, that's
fine with us. But...
THE COURT: Let me give you my fax number.
And if you can fax to me any of these documents directly
when you file them, that would be helpful. Sometimes I
don't get stuff right away. 582-5166.
If you can just have your secretary do that,
that would be helpful. And I have -- and we do have a law
clerk here that we're trying to get on full time. If she's
still with us, it would be helpful for me to have her look
at those briefs. Maybe I can make a decision at or right
after argument, perhaps.
MR. FALLER: One other issue, your Honor,
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looking ahead. If Mr. Yahn is correct in his initial
argument and the Court sets a hearing, we would still plan
on asserting the dead man's act. I guess we're getting
speculative now, but if we want to preserve the right to
THE COURT: Yes, yes, I understand.
MR. FALLER: -- blanch the dead man's act.
THE COURT: Right.
MR. FALLER: We're not going to be doing
discovery. So we're going to -- for us to gauge how long
we're going to need for a hearing is difficult, because we
don't know what the presentation of evidence will be in
that. So I would think it would certainly be more than one
day.
MR. YARN: You mean with regards to the
hearing itself on the merits, if we get that far?
MR. FALLER: On the merits.
MR. YARN: I quite candidly think that,
depending naturally on the outcome of the argument, we would
at least need three days for our case in chief.
THE COURT: You need one day?
MR. FALLER: Depending on what's in that, I
would say one to two.
THE COURT:
MR. GILROY:
THE COURT:
So five days is reasonable?
Yes.
Okay.
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MR. FALLER: The other issue is no matter how
I that initial issue is decided, I haven't looked at the idea
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of whether that would be an appealable issue.
I know that
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rules of appellate procedure have changed recently and there
is something now known as the collateral order doctrine.
I'm just kind of thinking out loud.
MR. YARN: I understand.
MR. FALLER: I think if it is granted, it's
9 clearly an appealable issue as to Alice.
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THE COURT: Let's assume you lose on that
11 issue.
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MR. YARN: Correct.
THE COURT: Do you think you would have the
14 ability then to file an appeal?
15
MR. YARN: Well, actually, your Honor, my
16 understanding is that we would.
17
18
THE COURT: Okay.
MR. YARN: Because ultimately what I would
19 expect, if we lose on that issue, he's going to come back
20 with a summary judgment motion immediately. So I would
21 expect that.
22
23
MR. FALLER: Right.
MR. YARN: So then I guess kind of thinking
24 out loud, your Honor, perhaps the appropriate course is to
25
just list this to argument on the dead man's and leave the
.
.
.
23
1
hearing on the merits as an open matter until we're able to
2 ultimately address that. Is that fair?
3
MR. GILROY:
That works.
I:
I
MR. FALLER:
And because if we lose that
4
5 issue, and we don't have -- and we don't appeal, are we kind
6 of whipsawed because our hands are tied because the --
7 perhaps because of the ruling of the dead man's act. But we
8 still can't do discovery. If we want to preserve the issue
9 for appeal, are we forced to appeal in an interlocutory
10 fashion? So I think probably do the argument and then set
11 the other thing would be best.
12
THE COURT: Okay. Why don't we do it that
13
way. So some time -- so we'll just set a half day argument
14 date. You guys can come upstairs and talk to Angie, deputy
15 court administrator, and you can check with your offices and
16 make sure that you're available on that particular day end
17 of March.
18
MR. GILROY: Just so it's not the 17th, Judge.
19
THE COURT: That's right. Maybe we can have
20 it down there at your office. You know? I'm sure we can
21 have a very good discussion on the dead man's rule. The
22 dead tank and all that stuff.
23
MR. GILROY: Or the dead keg.
24
THE COURT: Anything else, gentlemen?
25
MR. GILROY: Just to summarize, Judge. I
24
~ 1 understand that Mr. Yahn will get his response to the
2 : preliminary objection by next Monday. And then 20 days from
3 'that point there will be an opportunity to file a reply.
~
~
4 And then the estates and any interested party's brief will
5 be due February 1. And Mr. Yahn's brief will be due March
6 1. And the argument on that will be set upstairs.
7 THE COURT: That's right.
8
MR. FALLER: Okay. Just a quick question.
9 And this -- do you -- Mr. Yahn, do you anticipate any, based
10 on your response, any need for a factual hearing created by
11 the PO's? Is there going to be any -- you understand what I
12 mean? Your response to the PO's, are we going to need to
13
stretch this out because there is going to be disputed
14 facts?
15
MR. YARN: I think it will depend on your
16 response.
17
MR. FALLER: Okay.
18
MR. GILROY: So we may be asking for a
19 hearing, I guess, Judge, if --
20 MR. FALLER: He's going to respond to the
21 preliminary objections. And what I'm hearing is there may
22 be factual allegations or facts in dispute based on his new
23 matter and my response thereto.
24
THE COURT: So you want more time?
25
MR. FALLER: Let's wait and see. I mean we're
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
.
, -
25
kind of getting the cart ahead of the horse here.
MR. GILROY: Yes.
MR. FALLER: He's going to have it within --
THE COURT: I'm sure we can give you a full
day at this point for end of March.
MR. GILROY: I think we just want to say that
we might be calling you and asking for a hearing --
THE COURT: Okay.
MR. GILROY: -- because of these factual
disputes and we want the Court aware of that.
THE COURT: All right.
MR. GILROY: Rather than saying you thought
you guys told me there wasn't going to be a need for a
hearing.
THE COURT: Right. We'll set aside a full
16 day. Why don't we go upstairs and see if we can set a date,
17 and then I'll do a memo along the lines we just discussed.
.
18
19
20
21
22
23
24
25
You're also going to withdraw the other action; correct?
MR. YARN: I will, your Honor.
THE COURT: Okay.
MR. YARN: Can I just clarify so that I'm on
the same page? What I understand George just referenced is
we do have a new matter. When we file an answer to the PO,
we'll have a new matter that we're going to unequivocally be
raising, factual issues within that. They're going to file
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
.
-.-
26
a response. What I hear you saying, George, is, you know,
there is a substantial likelihood you're going to want a
hearing on those issues on or before we even get into the
briefing schedule.
THE COURT: Oh, okay. I didn't know that.
MR. FALLER: Yes. I'm saying I don't know
that until I would see it. I was just alerting the Court to
the possibility.
THE COURT: Oh, I didn't understand that.
Okay.
MR. FALLER: If he files new matter and I deny
any of the new matter.
MR. YARN: Then we're going to need to have a
hearing to determine those facts at issue.
15 MR. FALLER: Correct.
16 MR. YARN: And then that will certainly throw
17 a monkey wrench into our briefing schedule. That's a
18 technical term. I think we can perhaps defer on that until
19 you see my new matter.
.
20
21
22
23
24
25
THE COURT: All right.
MR. FALLER: That's fine.
THE COURT: Okay.
MR. GILROY: We don't agree on the merits of
the case, Judge, but we've been getting along pretty good.
THE COURT: I noticed that. Anything else on
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
.
.-
27
the record?
MR. GILROY: Do we need to address the issue
of the other parties?
THE COURT: Well
MR. GILROY: And I'm not saying I want to
address it. I just want to make sure it's mentioned in the
record that there are other parties out there that want
notice. They need to be given an opportunity to be involved
in these proceedings.
THE COURT: Why don't we incorporate that
issue into the briefing schedule then, since you raised it.
I raised it. You responded to it.
MR. GILROY:
THE COURT:
Right.
I don't think you disagree with
it.
MR. GILROY: But should they be notified of
17 the briefing schedule?
18
19 yes.
20
21
.
22
23
24
25
THE COURT: Well, that's another question,
MR. GILROY: And some of them have been.
Obviously I'm representing two of them. And there are some
grandchildren out there. I just don't want to see, frankly,
us to be up here a year from now and somebody having hired a
lawyer and said they should have notified me way back when
you had that first conference.
.
.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
.
{ -
28
1
THE COURT: I'll direct that all of the heirs
2 retain you and that should take care of it.
3 MR. GILROY: No objection on my end, Judge.
4 THE COURT: This will be your career case. I
just ask that we conclude before I retire in five years.
MR. YARN: There you go.
THE COURT: I intend to become a senior judge,
so I can still handle this case. But...
MR. GILROY: Israel was my career case with
Judge Quigley.
THE COURT: Huh?
MR. GILROY: Israel was my career case with
Judge Quigley.
THE COURT: Yes, I remember the Israel family.
MR. GILROY: And it's still open.
THE COURT: I got to know them right away when
I was district attorney back in the mid 70's. One of them
had a drinking problem.
MR. GILROY: Yes, well, they were Irish.
THE COURT: Frank.
MR. YARN: Your Honor, if I may. We'll
certainly provide notice. I think, Robert, you had provided
us a list of all the bennies. We'll even provide the
remainderman. If it please the Court, then any remainderman
that we have notice of who they are, we'll provide them a
,
.
1
2
3
4
5
6
7
8
9
10
29
copy of the petition set aside. I can have that done
certainly by the close of the week.
THE COURT: I think that would be best that we
include them.
MR. YARN: I will make -- I can't make any
recommendations as to what counsel may procure.
THE COURT: Right. That's fine. Okay.
Anything else, gentlemen, on the record?
MR. FALLER: No, your Honor.
THE COURT: Let's go up and see if we can get
11 a date for you.
12 (Whereupon, the hearing was concluded at 11:55
.
13
14
15
16
17
18
19
20
21
22
23
24
25
.
a.m.)
.
.
.
1
2
3
4
30
COMMONWEALTH OF PENNSYLVANIA )
) ss:
COUNTY OF CUMBERLAND )
5 I, LINDA C. LARSON, a Court Reporter and
6 Notary Public in the Commonwealth of Pennsylvania do hereby
7 certify that I reported the foregoing proceedings had and
8 testimony taken on November 14, 2006, and that the same is
9 true and correct in accordance with my original machine
10 shorthand notes taken at said time and place.
11
12
13
14
15
6Q~~~ C ~A~~_
Llnda C. Larson
Court Reporter and Notary Public
In and for the Commonwealth of
Pennsylvania
16 Dated this 1st day of December, 2006, Carlisle,
Pennsylvania.
17
18
19
20
I nt: PENNSYLVANiA
Notarial SeIII
LJnda C. Lnon, Notary Public
CarfiIte Baco. CUmbeI1arid County
My eommtssiOn &pires Mar. 4. 2010
Member. Pennsylvania A8aOCIatlon of Notarl..
-
r.c
21 The foregoing certification does not apply to any
reproduction of the same by any means unless under the
22 direct control and/or supervision of the certifying
reporter.
23
24
25
1
. I acknowledged [1] - 18:23, 19:8, 19:18,
7:18 collateral [1] - 22:5
'05 [2] - 9:8, 9:9 14:24 19:25,20:24,21:2, But.. (2) - 20:14, 28:8
'07[2] -13:20,19:10 act[7]- 5:7, 14:20, 21:18,22:25,23:10, BY [3] -1:16,1:19, combine (1) -7:19
15:16,17:3,21:3, 23:13,24:6 commence (1) - 7:9
1:22 COMMON (1) - 1:1
1 21 :6, 23:7 aside [8] - 3:25, 6:4,
action [5] - 7:9, 10:4, 9:9,9:19,9:24, 10:24, C COMMONWEALTH
1 (7) - 8:19, 18:13, 11:9,25:18 25:15,29:1 [1) - 30:1
18:14, 19:~1, 19:23, add [1] - 8:16 asserting (1) - 21:3 calendar (2) -13:21, Commonwealth (2) -
24:5, 24:6 address [4] - 10:8, assume [5] - 16:8, 19:16 30:6, 30:13
10 (1) - 1: 18 23:2, 27:2, 27:6 18:10,18:21,22:10 candidly [1] - 21 :17 complaint [2J - 8:25,
11:30[1]-1:10 administrator (1) - attack [1] - 9:22 care[2]-7:13,28:2 11 :13
11:55(1)" 29:12 23:15 attorney [1J - 28:17 career [3] - 28:4, components [1] -
14[2] -1:10,30:8 adults (1) - 8:8 August [3] - 4: 1, 28:9,28:12 19:4
17013[2]-1:19,1:22 ago (1) - 9:12 19:15,20:13 Carlisle (3) - 1 :19, concerned (1) -
17033(1)~ 1:16 agree [8] - 6:23, auspices [3] - 4:10, 1:22,30:16 14:21
17th (1) - 23:18 7:21, 10:2, 10:5, 6:2,6:8 cart (1) - 25: 1 conclude [1] - 28:5
1st [4] - 19:18, 19:19, 12:14,17:16,18:7, available [1) - 23:16 case (7) - 8:24, concluded [1J-
19:20,30:16 26:23 averred (1) - 17:24 21:19,26:24,28:4, 29:12
agreement [7] - 3:24, aware[1J - 25:10 28:8,28:9,28:12 conditioned [1] -
2 4:1,4:6,4:20,6:4, Center[1] - 1 :11 12:10
20[5J-17:8,17:11, 9:5, 9:24 B certain [1] - 19:3 conference [1 J -
ahead [2) - 21:1, Certainly (1) - 20:4 27:25
17:21, 18:3, 24:2 25:1 background (1)- certainly [11J - 8:20, CONFERENCE [1] -
2006 [3] - 1:10, 30:8, alerting (1) - 26:7 14:19 8:25, 10:22, 12:10, 1:8
30:16 bad[1J-10:1
20th (2) -18:2, 18:13 ALICE (1) - 1:4 16:4, 17:22, 19:5, confused [1J - 6:11
Alice [9] -1:17,3:8, based [4] - 5:7, 19:6, 21:12,26:16,28:22, Connelly (1) - 3:7
21-06-G122-C (1)- 3:23,6:24,8:1,9:12, 24:9, 24:22 29:2 CONNELLY (1) -
1:4 9:14,11:16,22:9 bearing [1] - 18:4 certification [1] - 1:15
4 allegations [1J- become [1] - 28:7 30:21 considerable (1) -
. 24:22 behalf (1) - 5:5 certify (1) - 30:7 14:15
4 [1] - 1 :21 alleged [1] - 11:7 beneficiaries [3] - certifying (1) - 30:22 consisting [1] - 8:4
41ST[1] - 1:1 alleging [1] - 17:1 3:13,8:1,8:4 challenge [1 J - 11 :22 Contemporaneous
amend [1] - 8:25 bennies [1J - 28:23 change (1) - 10:20 [1) - 4:16
5 amended [1]- 10:6 best (2) - 23: 11, 29:3 changed [1) - 22:4 continue [2] - 9:20,
582-516$ [1J - 20:18 amount [2) - 8:24, better [1] - 8:23 check [1) - 23:15 10:22
14:15 Between (1) - 18:7 chief [1) - 21:19 control [1) - 30:22
6 AND[3J -1:15,1:18, beyond (1) - 15:3 children (2) - 8:3, copy (1) - 29:1
1:21 bifurcated [2] - 8: 18, 8:11 cordial [1] - 17:24
60(3) -1~:7, 19:9, Angie (1) - 23:14 9:2 citing [2] - 3:23, 6:25 Correct [5J - 7:22,
19:19 answer [5] - 16:9, blanch [1] - 21:6 civil [4] - 5: 11, 7:9, 12:25, 18:20,22:12,
650[1J -1:15 16:13,16:14,17:11, Bloomfield [1]- 1:12 10:4, 11:9 26:15
25:23 Box[1J -1:15 claim (22) - 4:17, correct [5] - 5:8,
7 anticipate (2) - 15:2, BRANCH [1J - 1:2 4:18,4:22,4:24,5:9, 13:5,21:1,25:18,
70's [1] - 28:17 24:9 brief[12]-13:1, 5:12,5:22,6:20,7:7, 30:9
appeal (4) - 22:14, 13:2,16:1,16:18, 8:19,8:21,8:22,9:20, counsel [4] - 10:5,
A 23:5, 23:9 16:20,18:11,18:13, 10:23,11:5,11:6, 14:23, 15:10,29:6
appealable [2) - 19:21, 19:23,24:4, 11:18,11:21,12:3, Counsel(1)-11:10
a.m [2] - 1:10,29:13 22:3, 22:9 24:5 12:6, 12:9 COUNTY [2] - 1 :2,
abandoned [1] - APPEARANCES (1) - briefing [10] - 4:9, clarify (3) - 8: 15, 30:2
10:19 1:14 4:13,6:21,7:20, 14:22, 25:21 County [2) - 1:11,
ability (2) - 10:24, appellate (1) - 22:4 13:14, 18:7,26:4, clearly [1) - 22:9 17:18
22:14 apply (1) - 30:21 26:17,27:11,27:17 clerk (1) - 20:21 coupled [1J - 10:1
able(1) - 23:1 appropriate [4) - briefs [3] -13:7, client [7] - 3:23, 7:3, course [2J - 4:20,
accom~lsh [1) - 4:5 7:10,8:21,15:5, 16:17,20:23 7:12,9:3,9:5,10:22, 22:24
accordance (1) - 22:24 bring (1) - 12:3 11 :15 COURT [83) -1:1,
30:9 argue (1) - 20:12 brought (2) - 5:9, close [1) - 29:2 3:4,3:9,3:15,3:18,
accordltlgly (1)- argument [22J - 4:7, 5:11 Co (1) - 14:23 4:25, 5:3, 5:25, 6:22,
. 5:15 4:8,4:12,6:21,13:12, BROUJOS [1J - 1 :21 Co-counsel [1) - 7:21,7:23,10:14,
acknowledge (1) - 15:25,16:1,18:5, burden [1) - 20:7 14:23 10:17,11:23,12:16,
15:7 18:8,18:15,18:17, burdensome (1) - codicils (2) - 9:8, 9:9 12:23,13:1,13:4,
13:6,13:10,13:13,
.
.
.
2
13:16, 13:22, 14:5, 23:22, 23:23 discussed (1)- expect (2) - 22:19, first (6) - 5: 1, 5:5.
14:11,15:6,15:14, deadline (2) -13:19. 25:17 22:21 10:12.11:17,16:20,
15:17, 16:2, 16:7. 14:21 discussion (2) - expectancy (1) - 7:1 27:25
16:10, 16:12, 16:16, deadlines (1) - 4:15 18:22,23:21 expended (1) - 14:14 five (4) -15:2.15:5,
16:23, 17:2, 17:4, DEARDORFF (1) - dismiss (1) -12:15 extra (1) . 14:8 21 :23, 28:5
17:7, 18:9, 18:18, 1:18 dismissed [1] - 7:15 forced (1) - 23:9
18:21,19:13,19:22, death (2) - 6:7, 6:8 dispute (1) - 24:22 F foregoing (2) - 30:7,
20:2, 20:9, 20: 11, decedents (1) - 9:10 disputed (1) - 24: 13 face (1) - 9:2 30:21
20:15,21:5.21:7, December (3) - 18:2, disputes (1) - 25:10 fact [5) - 9:4, 9:7, form [1) - 8:20
21 :20, 21 :23, 21 :25, 18:12,30:16 DISTRICT [1) - 1: 1 15:11,17:9,17:17 forth (2) - 15:25, 16:8
22:10,22:13,22:17, decide (1) - 12:17 district [1] - 28:17 facts (3) - 24:14, forward [2] - 6:17,
23:12,23:19,23:24, decided (2) - 5:18, Docket [1] - 1:4 24:22,26:14 17:18
24:7, 24:24, 25:4, 22:2 doctrine [1) . 22:5 factual [5] - 17:6, four [3] - 7: 1, 8:3,
25:8, 25: 11, 25: 15, decides [1) - 12:22 document [2] - 9:15, 24:10,24:22,25:9, 11:6
25:20, 26:5, 26:9, decision [2] - 20:8, 12:4 25:25 Frank [1] - 28:20
26:20, 26:22, 26:25, 20:23 documents (5) - 9:7, falr[1] - 23:2 frankly [1] - 27:22
27:4.27:10,27:14, defendant's [2] - 9:23, 12:14, 17:17, Fair [1] - 19:24 FREY [3] -1:5,3:16,
27:18,28:1,28:4, 5:12,5:14 20:16 FALLER [38) - 1 :19. 8:6
28:7, 28:11, 28:14, defer (1) - 26:18 done [8] - 9:11, 3:10,5:2,5:4,6:5, Frey [7] -1:20,3:11,
28:16, 28:20,29:3, define [1) - 14:23 10:12,14:18,15:8, 6:10,6:16,8:10. 3:16,3:23,4:2,7:2,
29:7,29:10 degree [1] - 14:4 15:22, 15:23,29:1 12:25, 13:2, 13:8, 7:3
Court [9) - 1 :25, delay [1] -18:24 doubt[1] - 14:15 14:12, 14:17, 15:18, Frey's [1) - 7:2
14:2,20:7.21:2, deny [1) - 26:11 down [2] - 9:20, 16:19, 16:25, 17:3, full (3) - 20:21, 25:4.
25:10,26:7,28:24, deposed [1] - 7:4 23:20 17:5, 17:8, 20:25, 25:15
30:5,30:13 deposing [1] - 6:2 drinking [1) - 28:18 21:6,21:8,21:16, funds [1] -14:15
court [9] - 5:8,5:10, Deposition [1] - 6:12 due [8) - 4:3, 7:5, 21:21,22:1,22:8,
6:18,7:7,8:20, 10:3, deposition (4) - 5:20, 16:20, 19:21, 19:23, 22:22, 23:4, 24:8, G
11:4,17:10,23:15 6:11,15:9,15:19 24:5 24:17.24:20,24:25, gauge [1] - 21:9
Courthouse [1) -
1 :11 depositions [2) - 25:3.26:6,26:11. Generally [1) - 8:2
created 11) - 24:10 5:19, 19:3 E 26: 15, 26:21. 29:9 gentlemen [2] -
creature [1) - 8:22 deps [1) - 19:6 ease [1] - 14:3 Faller [3] - 3:10, 23:24, 29:8
CROSS [1] - 2:2 deputy [1] - 23:14 East (1) - 1 :18 14:22, 17:22 GEORGE [1) - 1:19
CSR [1) - 1 :24 des [3] - 5:4, 5:17, economy [1] - 5:17 Faller's [1) - 18:11 George (4) - 3: 1 0,
Cumberland [1]- 6:19 efficient [1] - 7:14 family [1] - 28:14 10:8,25:22,26:1
17:18 DESCRIPTION [1) - effort [1] - 14:15 far [4] - 14:21, 15:20, Gilroy [1] - 3:13
CUMBERLAND [1)- 2:10 either [1] - 15:22 15:23,21:15 GILROY [52) - 1 :21,
30:2 desire [3] - 6:4, 9:24, election [1] - 10: 11 fashion (1) - 23:10 1 :22, 3:2, 3: 12, 6:23,
11:18 elective [3] - 9:3, 9:4, fast [1] -17:23 7:22, 7:25, 8:7, 9:25,
0 determine [1) - 26:14 9:6 fax [2) - 20:15,20:16 10:15,10:18,11:2,
dictate [1] - 4:20 elector [2) - 3:22, feasible [1] - 19:1 11:24,12:12,12:21,
dad (1) - 7:2 dictates [1] - 4:23 9:16 February (3) - 18:13, 13:23, 14:9, 14:14,
damaged [1] - 11:7 DIETTERICK (1)- employ [1] - 14:1 19:21, 24:5 15:7,15:15,16:8,
date [14) - 4:7, 4:8, 1:15 end [5] - 4:1, 17:24, file (17) - 7:7, 7:9, 18:6, 18:10, 19:14,
13:20, 14:2, 15:2, Dletterlck [1] - 3:7 23:16,25:5,28:3 11:12,11:24,12:5, 19:20, 19:23, 19:25,
17:21,17:23,18:17, difficult [1] - 21 :10 enforce (1) - 3:22 12:13, 12:20, 13:8, 20:3,20:6,20:10,
18:24,19:1,19:8, difficulties [1] - entirely [1] - 9:18 13:11,17:17,18:12. 20:12,21:24,23:3,
23:14,25:16,29:11 17:16 ESQUIRE [3] -1:16. 20:17,22:14,24:3, 23:18,23:23,23:25.
Date (1) -1:10 direct [2) - 28: 1, 1:19,1:22 25:23, 25:25 24:18,25:2,25:6,
Dated (1) - 30:16 30:22 essential [1) - 8:17 filed [14] - 3:22, 3:23, 25:9, 25: 12, 26:23,
dates [1] - 18:18 DIRECT [1) - 2:2 estate [6) - 8: 1, 8:3, 3:25,4:17,5:10,6:24, 27:2,27:5,27:13,
days [12) - 14:6, directly [1] - 20:16 9:4,9:7,9:10,13:24 9:3, 10:7, 12:14, 27:16,27:20,28:3,
15:2.15:5,17:8, disagree [1] - 27:14 ESTATE [1] - 1:4 12:15, 13:24, 16:13, 28:9,28:12,28:15,
17:11, 18:3, 19:7, discovery (18) - 4:15, estates [1] - 24:4 17:13, 17:25 28:19
19:9,19:19,21:19, 13:19, 14:16, 14:18, evidence [1) - 21 :11 files [1]- 26:11 given [2] - 15:4, 27:8
21 :23, 24:2 14:20.14:21,14:24, examine [1) - 15:10 filing [2) -11:12, grandchildren [4] -
dead [17'J - 4:11,5:7, 15:8,15:12,15:13, executed (1) - 9:8 18:11 8:4,8:7,8:13,27:22
13:3, 14:19, 15:16, 15:18, 15:21.15:23, executor (4) - 3: 11, filling [1] - 13:20 granted [1) - 22:8
16:5, 17:3, 19:6, 19:8, 18:24,19:3,21:9, fine (4] - 6:16,20:14, guess [5] - 16:6,
19:18,21:3,21:6, 23:8 3:17, 7:2, 13:25 26:21, 29:7 17:2,21:3,22:23,
22:25,23:7,23:21, discuss (1) -13:17 EXHIBITS (1] - 2:9
.
.
.
3
24:19 I 26:3 LINWOOD (1) - 1:4 might (2) - 17:2, 25:7
guys (2) -23:14, Itself (3) - 6:6, 18:17, list (8) - 4:7, 4:8, mind (1) - 6:12
25:13 i.e(1) -19:3 21:15 18:5, 18:6, 19:9, Monday (3) - 16:15,
idea (1) - 22:2 19:10,22:25,28:23 16:17, 24:2
Ii 111[2] - 1 :23,3:14 J listed [3] - 13:12, monetary (1) - 11:7
imagine [1] - 20:4 16:1,19:8 monkey [1] - 26:17
half [3] - ~ :17,20:2, Immediately [1] - James [1] - 3:7 listening [1] - 15:9 morning [6] - 3:2,
23:13 I 22:20 JAMES [1] - 1 :15 litigated [2) - 10:3, 3:3,3:4,3:6,3:12,
hall [3] - ~:8, 11 :9, Imprudent [1] - 9:19 January [1) - 18:5 11:14 3:19
11:11 IN(2)-1:1,1:4 jerk[1)-10:13 LLP[1]-1:15 most (3) - 7:14,
handle [11 - 28:8 include [1] - 29:4 JOSEPH [1) - 1:9 look [2] - 9: 13, 20:22 17:24, 20:3
hands [1] - 23:6 Income [2] - 8:3, Jr[1] - 3:10 looked [1] - 22:2 motion (3) - 6:19,
hanging 11] - 11 :16 8:12 JR[2]-1:4,1:19 looking [4) - 9:22, 12:15,22:20
Hanoverl[1) - 1 :21 Incorporate [1] - judge [1] - 28:7 18:1,19:17,21:1 motions [2] - 5:5,
head [1] _111 :16 27:10 Judge [16] - 3:2, lose [3] - 22:10, 5:18
hear[1] - 26:1 INDEX [2] - 2:1,2:9 3:12,6:23,7:25, 22:19,23:4 moving (4) -16:19,
heard [1] - 14:25 Individuals [2] - 12:12, 13:23, 14:10, loud [2] - 22:6, 22:24 18:12,18:13,18:15
hearing ~3] - 4:15, 11 :6, 19:3 15:7,20:7,23:18, MR [133] - 3:2, 3:3,
13:20, 13:25, 14:2, Influence [17] - 4:17, 23:25,24:19,26:24, M 3:6,3:10,3:12, 3:16,
14:6, 15:3~ 18:24, 4:22,4:24,6:25,8:19, 28:3,28:10,28:13 3:21, 5:2, 5:4, 5:23,
19:1, 19:1~, 19:14, 9:20,9:25,10:2,10:9, judgment [1] - 22:20 machine [1] - 30:9 6:1,6:5,6:6,6:10,
20:13, 21:~, 21:10, 10:11,10:19,10:23, JUDICIAL [1] - 1:1 man's [15] - 4: 11, 6:15,6:16,6:23,7:22,
21 :15,23:1,24:10, 11:5,11:8,11:20, July [3] - 19:15, 5:7, 13:3, 14:20, 7:25,8:6,8:7,8:10,
24:19,24:21,25:7, 12:3, 12:5 20:13 15:16, 16:5, 17:3, 8:15,9:25,10:15,
25:14,26:$.26:14, infonnallty [1] - 6: 12 June [1] - 19:9 19:6, 19:8, 19:19, 10:18,10:21,11:2,
29:12 Initial [2] - 21 :1,22:2 jurisdiction [1] - 21 :3, 21 :6, 22:25, 11:19,11:24,12:1,
helr[1] -l14 Intend [1] - 28:7 8:21 23:7, 23:21 12:12,12:18,12:21,
heirs [1] 28:1 interest [1] - 8:16 manner(1) - 7:14 12:25, 13:2, 13:5,
help [1] - !12:17 Interested [1] - 24:4 K March [13] - 9:8, 13:8,13:11,13:14,
helpful [3] - 20:17, interference [17] - keep [1] -18:15 13:20, 18:14, 18:15, 13:18,13:23,14:1,
20:20, 20:~2 4:18,4:21,4:24,5:9, keg [1] - 23:23 19:18,19:19,19:20, 14:9, 14:12, 14:14,
Henry [3]!- 5:21, 7:3, 5:22, 6:20, 6:24, 7:1, key [1] - 19:4 19:23,20:1,20:12, 14:17, 14:22, 15:7,
15:10 8:22, 10: 1, 10:4, kind [4] - 22:6, 23:17,24:5,25:5 15:15,15:18,15:24,
hereby [1] - 30:6 10:18,10:23,11:8, 22:23,23:5,25:1 MARKED [1] - 2:10 16:4,16:8,16:11,
Hersheyi[1] - 1:16 11:18,11:21,12:9 knee [1] - 10:13 marriage [1) - 10:2 16:14, 16:19, 16:25,
High [1] -1 :18 interlocutory [1]- known [1] - 22:5 MARTSON[1]-1:18 17:3, 17:5, 17:8,
high [1) -14:3 23:9 material [1] - 6:3 17:15, 18:6, 18:10,
highlight (1) - 20:6 Intestate [2) - 9:14, L matter (22) - 3:8, 4:6, 18:16, 18:20, 19:2.
hired [1) . 27:23 9:17 4:21,4:23,6:8,7:17, 19:14,19:17,19:20,
hold [1) -17:22 Introduce [1) - 3:5 lack [1) - 8:23 8:17,10:9,13:1,13:2, 19:23, 19:24, 19:25,
Honor [~) - 3:3, 3:6, Invalidated [1] - 9:5 LARSON (1) - 30:5 15:4,15:11,16:21, 20:3, 20:4, 20:6,
3:11, 3:16l3:21, 4:6. Invalidation (1) - 5:6 Larson [2) - 1 :24, 19:4,22:1,23:1, 20: 1 0, 20: 12, 20:25,
4: 16, 5:2, 5:24, 6: 1, investigation [1)- 30:12 24:23, 25:23, 25:24, 21:6,21:8,21:14,
6:11, 8:16~ 10:21, 14:18 late [1) -18:15 26:11,26:12,26:19 21:16,21:17,21:21,
11:1,11:1. ' 12:2, involved [2] - 15: 12, law [3] - 7:6, 8:24, matters [3] - 6:21, 21:24,22:1,22:7,
12:18, 13: ),13:18, 27:8 20:20 18:19, 19:12 22:8.22:12,22:15,
14:1,15:1 15:24, Irish [1] - 28:19 lawsuit [1] - 11 :24 mean [8] -15:11, 22:18,22:22,22:23,
16:15, 17: 5, 17:19, Israel (3) - 28:9, lawyer (1) - 27:24 15:12,16:21,17:13, 23:3, 23:4, 23: 18,
18:1,18:8 18:17, 28:12,28:14 least (1) - 21:19 18:1,21:14,24:12, 23:23, 23:25, 24:8,
19:2, 19:1 ), 20:25, issue [20) - 7:17, leave [2) - 9:12, 24:25 24:15,24:17,24:18,
22: 15, 22: '4,25:19. 11:16,11:17,12:24, 22:25 meaning (1) - 6:8 24:20, 24:25, 25:2,
28:21, 29: ~ 13:17, 16:3, 16:4, leaves [2] - 8:3, 8: 1 0 means [2] - 15:12, 25:3, 25:6, 25:9,
HONO~BLE [1) - 20:6,20:25,22:1, likelihood [1] - 26:2 30:21 25:12,25:19,25:21,
1:9 I 22:2, 22:3, 22:9, limited [1] - 4:6 meantime (2) - 26:6, 26: 11, 26: 13,
hope (2) 5:17, 14:4 22:11, 22:19,23:5, Linda (5) - 1 :23, 14:10, 14:14 26:15,26:16,26:21,
hoping [ ) -4:5 23:8,26:14,27:2, 1:24,3:13,7:3,30:12 memo [1) - 25:17 26:23, 27:2, 27:5,
horse [1] - 25:1 27:11 LINDA [1] - 30:5 mentioned [1] - 27:6 27:13,27:16,27:20,
HUBER" [1] - 1 :22 Issued [1] - 17:12 lines [1] - 25:17 merits [4] - 21:15, 28:3. 28:6, 28:9,
Hubert [ ) - 3:12 issues [5] -7:19, Linwood [2] - 1 :23, 21:16,23:1,26:23 28:12,28:15,28:19,
9:18, 13:17,25:25, 3:13 mid [1] - 28:17 28:21, 29:5, 29:9
.
.
.
4
multiple [1] - 8:4 15:19, 17:23,23:20 PERRY (1] - 1:2 19:2 REDIRECT (1] - 2:2
offices (1] - 23:15 Perry (1] - 1 :11 PROCEEDINGS (1] - refer (1] - 14:17
N one [14] - 5:18,6:20, petition [10] - 3:22, 1:7 referenced [1]-
named [51- 5:14, 8:9,10:11,10:12, 3:25,5:13,5:16,6:25, proceedings [2) - 25:22
6:13,7:1,1:12,11:6 11:17,12:4,12:24, 7:7, 10:2, 10:6,29:1 27:9, 30:7 regardless [1] - 7:16
names [1]- 5:13 17:20, 17:23,19:4, petltloner[2] - 3:8, procure [1] - 29:6 regards [3] - 6:3,
naturally [1] - 21:18 21:12,21:20,21:22 8:2 prohibit [1) - 5:6 12:9,21:14
need [26] ~ 5:14, One [7) - 8:17, 12:4, petitioner's [1) - 15:9 proper [1] - 12:14 regular(1] - 5:12
8:18,9:2, 10:3, 10:8, 13:1,13:2,17:15, petitioners [1] - 7:5 prothonotaries [1) - REHKAMP [1] - 1:9
12:13, 13:1, 13:8, 20:25,28:17 petitions [1) - 8:14 7:8 relative [2] - 6:23,
13:11,13:17,13:25, open [2] - 23: 1, Phillip's [1] - 8:11 prothonotary's (1) - 10:19
14:6, 14:11, 14:16, 28:15 PHilliPS [2] - 1 :4, 11:9 rellef(1] - 6:25
16:17, 17:5, 18:6, opinion [1] - 15:21 1:4 provide [4] - 9:12, remain [1] - 5:3
21:10,21:19,21:20, opportunity [2] - Phlllips(9)-1:17, 28:22, 28:23, 28:25 remalnder(1) - 8:16
24:10,24:12,25:13, 24:3, 27:8 1:23,3:8,3:14,3:23, provided [3] - 6:9, remainderman (2) -
26:13,27:2,27:8 opposed [1) - 6:13 6:24,8:2,9:12,9:14 11 :21, 28:22 28:24
needs [3) - 11 :13, order(2) - 17: 11, place [1] - 30:10 providing [1) - 9:15 remember (1) - 28:14
12:13 22:5 Place [1] -1:11 Public [3] - 1 :25, remove [1) - 5:6
Neil [1] - 3:6 original (1] - 30:9 plan [2] - 9:10, 21:2 30:6,30:13 reply [2] -16:18,
NEll[1]-1:16 orphans' (6] - 5:10, pleading (1) - 17:6 purposes [3] - 7:19, 24:3
Nell's [1)!- 10:10 7:7,8:20,10:3,11:4, PLEAS [1] - 1:1 18:22, 19:18 reported [1) - 30:7
New (1) - !1:12 17:9 PO [1] - 25:23 pursue [2] - 10:22, Reporter (3] - 1 :25,
neW[B] - 8:22, 16:21, otherwise (1] -17:11 PO's (6] - 4:8,4:10, 11:3 30:5,30:13
24:22, 25:23, 25:24, OTTO [1] -1:18 4:12,17:25,24:11, reporter (1] - 30:22
26:11,26:12,26:19 outcome [3) - 4:22, 24:12 Q represent [2) - 3:8,
next [1] - 24:2 9:23,21:18 point (4] - 5:19, quick (1) - 24:8 3:11
NO [1) - 2:10 overly (1) - 7:18 14:19,24:3,25:5 Quigley (2] - 28:10, represented [1]-
None [2] - 2:3, 2: 11 portion [1] - 10:6 28:13 7:24
North(1)-1:21 p position [6] - 4:3, quite (1] - 21:17 representing [2] -
Notary [3] - 1 :25, P.C(1]-1:18 4:19,6:17, 10:19, 3:13,27:21
30:6,30:13 P.J [1] -1:9 16:6, 18:23 R reproduction (1] -
notes [1]- 30:10 P.O [1) -1:15 positive [3] - 5:4, 30:21
notice [7j- 6:7, 6:8, page (1] - 25:22 5:18,6:19 raised [2] - 27: 11, request [4] - 6:20,
6:11, 6:12~ 27:8, part (2) - 5:21,8:12 possibility [1] - 26:8 27:12 12:1, 17:20, 19:11
28:22, 28:25 particular (1] - 23:16 preliminary [5] - raising [2] - 14:19, require [1) - 17:10
noticed 11] - 26:25 parties [4] - 7: 19, 3:24, 12:15, 13:24, 25:25 residuary [1) - 8:12
notified (2] - 27:16, 7:23, 27:3, 27:7 24:2, 24:21 Raising [1) - 11:5 resolved [1] - 7:17
27:24 parts (1) - 8:17 Preliminary [1) - 4:3 rather [2) - 6:18, 14:3 respect (1] - 7:5
November[3] -1:10, party [4] - 6:13,6:14, prenup [3) - 5:7, Rather [1] - 25:12 respond [7) - 4:25,
9:9, 30:8 16:19, 18:13 9:19, 10:25 RE [1] - 1:4 5:23, 13:15, 16:24,
numberl1] - 20:15 party's [1] - 24:4 prenuptial [7) - 3:24, reaction [1) - 10:13 16:25, 17:5,24:20
Number[1] - 8:19 path [1] - 9:20 4:1, 4:6, 4:20, 6:4, ready [1) - 13:7 responded [2) -
numbe,. [1] - 18:14 pending [3) - 5:5, 9:5, 9:24 realistically [1] - 4:18,27:12
6: 19, 9:23 presentation [1] - 19:1 respondent (1] -
0 PENNSYLVANIA (2] 21:11 realize [1] - 9:21 7:12
- 1: 1, 30: 1 presented (1) - 12:5 really [2] - 4:20, 19:4 respondents [2) -
object (1) - 19:5 Pennsylvania [B) - preserve [B] - 9:22, reason (2] - 9: 1, 5:14, 7:2
objected [2] - 4:2, 1:12,1:16,1:19,1:22, 11:11,11:22,12:7, 18:23 responding [1]-
15:20 15:24, 19:5,21:4,
8:24,30:6,30:14, reasonable [2] - 17:25
objectloin (2] - 24:2, 30:16 23:8 19:13,21:23 response [16] - 3:23,
28:3 presume (1] -15:10 RECEIVED [1] - 2:10 4:2,4:7,4:12, 13:9,
objecti~ns (6] - 4:3, people (1] - 5:13
5: 1 0, 12: 1~, 13:24, performed [2] - pretty [1] - 26:24 recently [1] - 22:4 13:11,16:21,17:21,
14:24,18:25 probate [2) - 12:4, recognize [2) - 9:21, 18:3,18:14,24:1,
18:16, 24:1 Perhaps [1) - 18:6 12:5 11 :1 24:10,24:12,24:16,
Obvlou ,Iy [1] - perhaps [6] -10:5, problem [5) - 11 :23, recommendations 24:23,26:1
27:21 12:22, 14:5, 17:21, [1) - 29:6 responses [1] - 4:3
occaSits (1] - 6:18 14:16,20:24,22:24,
23:7,26:18 28:18 record (5] - 3:5, rest [1] - 8:3
OF [7] - : 1, 1: 1, 1 :4, period [4] - 12:8, procedure [1] - 22:4 14:25,27:1,27:7, retain [1] - 28:2
1:7,30:1,130:2 12:20, 17:22 proceed [5) - 4:23, 29:8 retire (1] - 28:5
office (4]1- 11 :9, 5:15,7:17,11:17, RECROSS [1) - 2:2 rights (2] - 9:22,
.
.
.
5
10:25 15:9 T tortious [18} - 4:17, walklng[1}-11:11
ROBERT [1} - 1:5 six [1} - 8:6 table [1} - 8;9 4:21, 4:24, 5:9, 5:21, wants [2} - 11;17,
Robert [7l- 1 :20, Six [1] - 8:7 6;19,6:24,6;25,8;21, 12:22
3:11,3:16,13:23,4:2, slash [1} - 4:24 tank[1} - 23:22 10:1,10:4,10:18, week (3) - 14:11,
7:2, 28:22 SMITH [1} - 1:15 technical [1} - 26:18 10:23,11:8,11:18, 29:2
RPR [1} - 1 ;24 Smith [1} - 3;7 technically [1} - 8:8 11:21,12:9 whereas [1} - 9:16
rule[2} -12;16, solves [1} - 12:21 ten (1) - 9:11 TRANSCRIPT (1) - whipsawed [1} -
23:21 Sometimes [1}- tenn [2} - 8:23,26:18 1:7 23:6
rules [2} - 17:10, 20:17 testamentary [1} - true [2} - 20:9, 30:9 whole[1]-14:19
22:4 sorry [2} - 3:24, 6:7 7:1 truSt[2} - 8:11,8:12 WILLIAMS [1} -1:18
ruling [1] - 23:7 sound [1} - 19:13 testimony [2] - 5:6, trying [2} - 18:3, willing [4] - 8:25,
specially [1] - 18:8 30;8 20:21 11:20,12:10,12:19
S speculative [1} - TESTIMONY [1} - 2;1 tweak [1] - 17:10 withdraw [5] - 11 :3,
21:4 THE [84} - 1;1, 3;4, two [8] - 5:4, 6:18, 11:20,12:10,12:19,
sake [1] - 5:17 Square [1] - 1 :11 3:9,3:15,3:18,4:25, 7:19, 8:18, 18:18, 25:18
schedule [11] - 4:9, SS[1] - 30:1 5:3, 5:25, 6:22, 7:21, 21 ;22, 27:21 withdrawn [1] - 7:13
4:13,4:15,6:21, stage [1] - 4:19 7:23, 10:14, 10:17, typically [1] - 12:3 witness [2} - 6:3,
13:14,18:7,20:1, 11:23,12:16,12:23,
26:4,26:17,27:11, standpoint [3] - 15:11
15:4,18:2,19:11 13:1, 13:4, 13:6, U WITNESSES [1} - 2:2
27:17 13:10, 13:13, 13:16,
scheduled [3] - 5:20, start [1] - 3:19 13:22, 14:5, 14:11, ultimately [3] - words [3] - 8:10,
20:13 statute [7} - 4: 11, 15:6, 15:14, 15:17, 17:18,22:18,23:2 14:7, 18:25
seat [1] - 8:8 9:13,11:11,11:25, 16:2, 16:7, 16:10, under[9] - 4:10, works [1] - 23:3
seated [1] - 5;3 12:2, 16:5, 19:6 16;12, 16:16, 16:23, 4:23, 5:6,6:2, 6:7, wrench [1] - 26:17
second 12] - 4:21, statutory [2] - 12:8, 17:2,17:4,17:7,18:9, 9:16,11:1,30:21 writ[2]-11:12,
10:12 12:19 18:18,18:21,19:13, Understood [1] - 12:20
secretary [1] - 20:19 still [11] - 12:7, 19:22,20:2,20:9, 16:11
secure [1} - 9:6 12:19,13:19,14:1, 20:11,20:15,21:5, undue [17] - 4:17, y
see [7] - 7: 15, 24:25, 17:17, 19:2,20:22, 21:7,21:20,21:23, 4:21,4:23,6:25,8:19, YAHN [45] - 1:16,
25:16,26:7,26:19, 21 :2, 23:8, 28:8, 21:25,22:10,22:13, 9:20,9:25, 10:2, 10:8, 3:3, 3:6, 3:21, 5:23,
27:22,29:10 28:15 22:17,23:12,23:19, 10:11,10:19,10:23, 6;1,6:6,6;15,8:15,
seeking [1] - 9:3 Street [2] - 1: 18, 1 :21 23:24, 24;7, 24:24, 11:5,11:8,11:20, 10:21,11:19,12:1,
senior[1] - 28:7 stretch [1] - 24:13 25:4,25:8,25:11, 12:2, 12:5 12:18,13:5,13:11,
separate [3] - 7:9, Strike [1] - 6:7 25:15,25:20,26:5, unequivocally [1] - 13:14,13:18,14:1,
9:18, 10:4 stuff [2] - 20:18, 26:9, 26:20, 26:22, 25:24 14:22, 15:24, 16:4,
September[1] - 4:16 23:22 26:25,27:4,27:10, unless [2] -17:11, 16:11,16:14,17:15,
served [8] - 5:14, Stull [3] - 1 :23, 3: 13, 27:14,27:18,28:1, 30:21 18:16, 18:20, 19:2,
5:16,8:14 7:3 28:4, 28:7, 28: 11, unsuccessful [1] - 19:17, 19:24,20:4,
set [30] - 3:25,4:7, subpoena [2] - 6:6, 28:14,28:16,28:20, 10:24 21:14,21:17,22:7,
4:9,4:11,4:12,6:4, 6:13 29:3,29:7,29:10 up[6]-6:18,9:1, 22:12,22:15,22:18,
6:20,9:9,9:19,9:24, subsequent [1] - 9:8 thereto [1] - 24:23 15:19, 19:12,27:23, 22:23,24:15,25:19,
10:24, 13:19, 14:2, substantial [1] - 26:2 they've [2] - 16:5, 29:10 25:21,26:13,26:16,
15:2, 15:19, 15:25, substantive [1] - 17:25 update [1] - 3: 19 28:6, 28:21, 29:5
16:8, 16:14, 18:8, 8:23 thinking [3] - 17:6, upstairs [3] - 23:14, Yahn [5] - 3:7,15:21,
18:17, 18:18, 18:19, successful [2]- 22:6, 22:23 24:6,25:16 21:1,24:1,24:9
19:1,23:10,23:13, 13:24, 18:22 third [1] - 9:16 Yahn's [2] - 15:19,
24:6,25:15,25:16, Sue[2]-5:21,15:10 three[1]-21:19 V 24:5
29:1 suggest [2] - 9:25, throw [1] - 26:16 vacation [1] - 14:8 year [6] - 4: 1, 4: 16,
sets [1] - 21:2 10:3 throwing [1] - 18:14 12:4, 14:12,27:23
setting [1] - 14:5 suggestion [2] - Thursday [1] - 19:18 validity [1] - 9:23 years [2] - 9: 11, 28:5
share (7) - 3:22, 9:3, 10:10,11:10 tied [1] - 23:6 view [1] - 7:16 yourselves [1] - 3:5
9:4,9:6,9:16,9:17, suggests [1] - 7:6 TO [2] - 2:1,2:9 volume [1] -15:4
10:25 summarize [1] - today (3) - 4:5, vs [2] - 1:4
Sheriff:) - 5;15 23:25 13:17, 17:23
shorth nd (1)- summary [1] - 22:20 toll [2] - 12:2, 12:12 W
30:10 summons [1] -11:12 toiling [2] - 12:8 walt [1] - 24:25
slde[1]t5:11 supervision [1] - tomorrow [3] - 5:21, waive [1] -17:3
simply [1] - 11 :16 30:22 7:4, 15:8 waived [1] -16:5
slt(1)-7:11 support [1} - 18: 11 tort [3] - 5:12, 7:7, waiving [2] - 10:25,
sitting j2] -11:15, Susan [1] - 7:3 7:9 15:15