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Home My WebLink About06-16-101N RE: ESTATE OF ROBERT M. : IN THE COURT OF COMMON PLEAS OFa MUMMA, deceased :CUMBERLAND COUNTY, PE1~ISYLVA~A ~- ~0 ~ ~,, =x~ cam..-. ORPHANS' COURT DIVISION ~-' c~ ~~- '~ ,rn - -, • ' - :r' cry - _- NO.21-86-398 "'" - _ ' -~,--~ -c~ "~ ~ ' _ ,.' APPLICATION FOR LEAVE TO REQUIRE SECURITY FOR PAYMEl~i' OF TH~ ~' AUDITOR'S EXPENSES AND FEES AND NOW, this 16~' day of June, 2010, comes Joseph D. Buckley, Esquire, the auditor appointed and currently serving in the above captioned case and applies to the Orphan's Court for a partial payment of his fees incurred and costs expended in the above captioned matter based on the following: 1. On September 19, 2008 the Court by the Order of the Honorable J. Wesley Oler, Jr., appointed the applicant as replacement auditor for the above captioned Estate which included Accounts filed for the Estate and accounts filed for the Marital Trust and the Residual Trust. 2. Thereafter, the applicant received files from the previous Auditor and the Clerk of the Orphan's Court, which files consisted of approximately fifteen (15) lineal feet of files including: accountings, objections, motions, opinions of numerous courts, reports, discovery matters, letters, and other matters relating to this audit. 3. On October 15, 2009, applicant filed a request for interim payment for the time and cost expended in this matter through October 15, 2009 and such request was granted by this Honorable Court and payment was received. 4. Since October 15, 2009, the applicant held scheduled and held an additional 23 days of Auditor Hearings: a. October 26, 2009 beginning at 8:30 AM and ending at 5:30 PM. The applicant also provided and paid for the attendance and recording of the pre-hearing conference in the amount of $925.00 b. October 27, 2009 beginning at 8:30 AM and ending at 4:30 PM. The applicant also provided and paid for the attendance and recording of the pre-hearing conference in the amount of $706.10. c. October 28, 2009 beginning at 8:30 AM and ending at 6:00 PM. The applicant also provided and paid for the attendance and recording of the pre-hearing conference in the amount of $766.00 d. October 29, 2009 beginning at 9:00 AM and ending at 4:30 PM. The applicant also provided and paid for the attendance and recording of the pre-hearing conference in the amount of $680.35. e. October 30, 2009 beginning at 9:00 AM and ending at 4:30 PM and the auditor remained until 5:00 PM. The applicant also provided and paid for the attendance and recording of the pre-hearing conference in the amount of $712.00. f. December 14, 2009 beginning at 9:00 AM and ending at 4:30 PM. The applicant also provided and paid for the attendance and recording of the pre- hearing conference in the amount of $706.00. g. December 15, 2009 beginning at 8:15 AM and ending at 12:30 PM and the auditor remained until 1:00 PM. The applicant also provided and paid for the attendance and recording of the pre-hearing conference in the amount of $554.20. h. December 16, 2009 beginning at 2:OOAM and ending at 5:00 PM. The applicant also provided and paid for the attendance and recording of the pre- hearing conference in the amount of $517.00. i. December 17, 2009 beginning at 9:00 AM and ending at 4:30 PM. The applicant also provided and paid for the attendance and recording of the pre- hearing conference in the amount of $901.45. j. December 18, 2009 beginning at 8:00 AM and ending at S:OOPM and the auditor remained until 5:30 PM due to circumstances. The applicant also provided and paid for the attendance and recording of the pre-hearing conference in the amount of $901.00. k. April 19, 2010 beginning at 9:00 AM and ending at 4:45PM and the auditor remained until 5:00 PM due to circumstances. The applicant also provided and paid for the attendance and recording of the pre-hearing conference in the amount of $802.00. 1. April 20, 2010 beginning at 9:00 AM and ending at S:OOPM. The applicant also provided and paid for the attendance and recording of the pre-hearing conference in the amount of $868.45. m. April 21, 2010 beginning at 9:00 AM and ending at S:OOPM. The applicant also provided and paid for the attendance and recording of the pre-hearing conference in the amount of $760.45. n. April 22, 2010 beginning at 8:00 AM and ending at S:OOPM. The applicant also provided and paid for the attendance and recording of the pre-hearing conference in the amount of $816.30. o. April 23, 2010 beginning at 9:00 AM and ending at 4:15PM and the auditor remained unti14:30 PM due to circumstances. The applicant also provided and paid for the attendance and recording of the pre-hearing conference in the amount of $703.00 p. April 26, 2010 beginning at 9:00 AM and ending at 4:30PM and the auditor remained until 5:00 PM due to circumstances. The applicant also provided and paid for the attendance and recording of the pre-hearing conference in the amount of $715.00. q. April 27, 2010 beginning at 8:00 AM and ending at 1:OOPM. The applicant also provided and paid for the attendance and recording of the pre-hearing conference in the amount of $591.70. r. April 28, 2010 beginning at 9:00 AM and ending at S:OOPM and the auditor. The applicant also provided and paid for the attendance and recording of the pre-hearing conference in the amount of $887.65. s. April 29, 2010 beginning at 9:30 AM and ending at 4:30PM and the auditor remained until 5:00 PM due to circumstances. The applicant also provided and paid for the attendance and recording of the pre-hearing conference in the amount of $765.70. t. April 30, 2010 beginning at 9:00 AM and ending at 3:15PM and the auditor remained unti14:30 PM due to circumstances. The applicant also provided and paid for the attendance and recording of the pre-hearing conference in the amount of $727.00 u. June 14, 2010 beginning at 8:30 AM and ending at S:OOPM. v. June 15, 2010 beginning at 8:30 AM and ending at 6:OOPM and the auditor remained 6:30PM due to circumstances. w. June 16, 2010 beginning at 8:30 AM and ending at 11:30 and the auditor remained unti14:00 PM. 5. In addition to holding the hearings, the applicant also received three referrals from the Court during the hearings, reviewed correspondence, motions and briefs, letters and e-mails and Court orders, and prepared Auditor Reports and recommendations and therefore devoted twenty (20) additional hours to these matters. 6. The applicant has received and paid for Court Reporter fees in the amount of $15,006.35 and miscellaneous expenses (travel, parking, telephone, copies, postage, etc.) of $175.00. 7. The applicant from the date of the last order for interim fees until the present date to date has devoted 180.25 hours to this matter and requests a rate of $175.00 per hour for a total of $31,543.75 8. The applicant's total costs and fees to from October 16, 2009 to date is $46,725.10. 9. The applicant proposes that should the Court order payment of the costs and fees pending final resolution of this matter that it allocate fifty percent (50%) from the Marital Trust and fifty percent (50%) from the Residuary Trust and that the applicant reserve how any award or surcharge shall be allocated until his final report. 10. WHEREFORE, applicant prays this Honorable Court enter an Order requiring that security in the form of payment be made to the applicant in the amount of $46,725.10. Respectfully submitted, ~'o~ph D. Buck](, Esquir Supreme Court ID# 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 JoeBLaw(a~aol.com