SUPERIOR COURT OF PENNSYLVANIA
Civil Docketing Statement
Pursuant to Pa.R.A.P. 3517, you must complete this form in its entirety and return this form and attachments to the Prothonotary of the Superior Court by June 22, 2021. A completed copy of this form must also be provided to each appellee. THIS FORM IS FOR CIVIL APPEALS ONLY, as indicated on the trial court docket and/or order from which you are appealing.
FAILURE TO COMPLETE THIS DOCKETING STATEMENT IN ITS ENTIRETY IN A TIMELY MANNER, WITH ALL REQUESTED DOCUMENTS ATTACHED, WILL RESULT IN DISMISSAL OF THE APPEAL.
A. CASE IDENTIFICATION
1. Case Caption: Estate of James B. Karn_________________________ 2. Superior Court Docket No.: 647 WDA 2021_____________________________-___ 3. Party or parties filing appeal: Karn, James L._________________________________
B. TIMESLINESS OF APPEAL (Check only those which apply and fill in the date(s)) (X) Date of judgment or order appealed from: May 17, 2021___________________________ ( ) Date of Pa.R.C.P. 236 notice: ______________________________________ ( ) Date praecipe for judgment filed: ______________________________________ ( ) Date judgment filed: ______________________________________ ( ) Date notice of appeal filed: ______________________________________ Was reconsideration requested in the lower court? ( ) Yes (X) No (date) _____________ Was it expressly granted? ( ) Yes ( ) No (date) _____________
C. APPEAL FROM THE TRIAL COURT
1. Is the order appealed from a final, appealable order? (X) Yes ( ) No Specify rule and subsection governing finality (e.g. Pa.R.A.P. 301, 313, 341) and, if desired, any applicable case law
Pa.R.A.P. 301 ______________________________________________________________
2. If the order is not a final order:
a. Is the order appealable as of right under Pa.R.A.P. 311 ( ) Yes ( ) No
(specify which subsection) _________________________________________________ b. Was permission to appeal granted pursuant to:
i. Pa. R.A.P. 1311 ( ) Yes ( ) No Misc. Docket No. ________________ ii. Pa. R.A.P. 1501 et seq ( ) Yes ( ) No Misc. Docket No. ________________
3. How have issues been preserved? (e.g. pre-trial motions, timely objection, motion to remove non-suit, petition to strike/open).
Appellate brief ______________________________________________________________ __________________________________________________________________________ __________________________________________________________________________
D. RELATED CASES
List all related cases pending in any court (e.g. co-defendants, cross-appeal, cross-claims, counterclaims, bankruptcy proceedings or other appeals):
CASE NAME COURT CASE NO. TYPE OF CASE _____________________________________________________________________________
_____________________________________________________________________________ _____________________________________________________________________________ Docket No. of cross-appeal: __________________________
E. DESCRIPTION OF APPEAL (if necessary, attach additional pages for completion of 1 and 2) 1. Brief description of action and result below:
This was an action in which the appellant sought the trial court’s direction in division of the Estate of James B. Karn. The trial court ordered that $26, 500.41 be distributed in accordance with Schedule A and the unconverted real estate in accordance with Schedule B, both schedules attached in the trial court’s order. ________________________________________ 2. Issues to be raised on appeal:
Whether the trial court abused its discretion by awarding the estate funds to a beneficiary before the debts were paid; and whether the trial court erred when it removed the appellant as executor of the deceased’s estate._____________________________________________________________________
HAVE YOU ATTACHED (failure to attach any of the following, without explanation, may result in sua sponte action by this Court, including dismissal of the appeal):
(1) Trial court’s judgment, order or decree from which this appeal is taken? (X) Yes ( ) No (2) Notice of appeal? (X) Yes ( ) No (3) Up-to-date trial court docket? (X) Yes ( ) No (4) Trial court opinion, if available? (X) Yes ( ) No
Signature _____________________________ E-Mail Address __________________________ Print Name James L. Karn________________ Atty. I.D. No. ___________________________ Address ______________________________ Date __________________________________
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