In Re: Estate of John E. Horner, et al v. Kenneth E. Horner (Summary Disposition)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT IN RE: ESTATE OF JOHN E. HORNER, : DECEASED, OMEGA BANK, EXECUTOR : OF THE ESTATE OF JOHN E. HORNER, : DECEASED, SUCCESSOR TO JOHN E. : HORNER, AN INCAPACITATED : PERSON BY HIS LIMITED GUARDIAN, : THE PEOPLES NATIONAL BANK OF : CENTRAL PENNNNSYLVANIA, : : Respondents : : v. : : KENNETH E. HORNER, : : Petitioner Nos. 478 & 479 MAL 2003 Petition for Allowance of Appeal from the Order of the Superior Court of Pennsylvania (Todd, Bowes and Tamilia, JJ.), Dated March 28, 2003, Nos. 1577 and 1582 MDA 2001, Affirming the Order of the Court of Common Pleas of Centre County Dated September 17, 2001. ORDER PER CURIAM DECIDED: December 4, 2003 AND NOW, this 4th day of December 2003, the Petitions for Allowance of Appeal are GRANTED, the order of the Superior Court is VACATED, and the matter is REMANDED to the Court of Common Pleas of Centre County for entry of an order conforming to Pa.R.C.P. 1517(a). See Chalkey v. Roush, 805 A.2d 491, 497 (Pa. 2002) (given confusion in courts below concerning whether party must file post-trial motions to preserve issues following equity trial where court s order fails to comply with Rule 1517(a), holding requiring such motions is made prospective and pending matter remanded for court to enter order conforming to Rule 1517(a)).

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