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Home My WebLink About08-26-10IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISItON Lottie T. Dixon, Deceased . NO 21-2007-0686 AND NOW this 26th day of August, 2010, notice is hereby given that the Clerk of Or~ha#~s' Court has transmitted the record on appeal to the Superior Court of Pennsylvania Pursuant to Rule 1931 ~d) lof the Pennsylvania Rules of Appellate Procedure a list of the record documents is attached to this notice. caj ~rienaa r arner ~rrasnaugn, n c ~i ;'ro ~ C~``~~~i r_~ C~ ~I, 'z0 Wills ~.s ~} O __ Y r ~? ... ~.~ C ' •'Ef CT _z~!_~ <~ `' '.". ~ - ~,~ .. ,,~ C ~ ) W 11500708262010 Cumberland Counter - Orphans Court Pagj26/2010 ORC621 8 Case No 2007-00686 Case Name: DIXON LOTTIE T Age Docket Entries Filed 7/19/07 1 PETITION FOR PROBATE AND GRANT OF LETTERS TESTAMENZIAR~Y OATH OF PERSONAL REPRESENTATIVE WILL DEATH CERTIFICATE DM 7/19/07 2 ECREE OF PROBATE AND GRANT OF LETTERS TESTAMENTARYI D U1 7/23/07 3 PRAECIPE FOR ENTRY OF APPEARANCE OF ELIZABETH P MUL~.,Af.JGH ESQ JAA 8/17/07 4 RTIFICATION OF NOTICE UNDER RULE 5.6 (A) JE ~ 9/27/07 5 INHERITANCE TAX PYMT PAID - 35 000.00 ACN - 101 RECEIPT - CD008746 POSTMARK DATED - 09/27/2007 DIXON MARSHALL L 10/10/07 6 IVER OF ACCOUNTING RECEIPT RELEASE AND INDEMNIFICA~T7~ON AGREEMENT JA ~ 3/28/08 7 INHERITANCE TAX PYMT PAID - 422.72 ACN - 101 RECEIPT - CD009477 POSTMARK DATED - 03/28/2008 DIXON MARSHALL L 3/28/08 $ INHERITANCE TAX PYMT PAID - 6,438.43 ACI~T - 101 RECEIPT - CD009478 POSTMARK DATED - 03/28/2008 DIXON MARSHALL L 3/28/08 9 INHERITANCE TAX PYMT PAID - 211.36 ACN - 101 RECEIPT - CD009479 POSTMARK DATED - 03/28/2008 DIXON CHARLOTTE 3/28/08 10 INHERITANCE TAX PYMT PAID - 2,014.96 ACN - 101 RECEIPT - CD009480 POSTMARK DATED - 03/28/2008 DIXON MARSHALL L 4fll/08 11 CORRESPONDENCE DATED 4 7 08 FROM DEPT OF REV TO MCNEE~SIWALLACE NURICK IN RESPONSE TO YOUR REQUEST FOR AN EXTENSION OF 'TIME TO FILE 11500708262010 Cumberland County - Orphans Court Pa8%26/2010 ORC621 Case No 2007-00686 THE INH TAX RETURN THE RETURN MUST BE FILED ON OR ~E~'ORE 9/28/08 CAJ ' 5/16/08 12 CAJERITANCE TAX RETURN ' 5/16/08 13 MA ENTORY 5/28/08 14 WSZERAL TAX RETURN #706 6/20/08 15 REV 1547 NOTICE INH TAX APPRAISEMENT 907.68 CREDIT AJW 7 25 08 16 FIRST AND FINAL AC OUNT WITH SCHEDULE OF PROPOSED D$S~'RIBUTION / / PETITION FOR ADJUD/CSTATEMENT OF PROPOSED DISTRIBUTIQN+DECEDENT AKK 8/08/08 17 CAJ 1607 INH TAX STATEMENT OF ACCT ACN 101 PAID IN ~'UI,L 8/22/08 18 OBJECTIONS OF M&T BANK RICHARD E DIXON AND GEORGE F~DxXON III TO THE FIRST INTERMEDIATE ACCOUNTING OF MARSHALL L DIXC~N'EXECUTOR AJW 8/22/08 19 OBJECTIONS TO THE FIRST INTERMEDIATE ACCOUNTING OF THE, ESTATE OF LOTTIE IVY DIXON AJW 8/22/08 20 OBJECTIONS OF RICHARD E DIXON AND GEORGE F DIXON III'~Tb THE FIRST INTERMEDIATE ACCOUNTING OF MARSHALL L DIXON EXECUTOR!, AJW 8/22/08 21 OBJECTIONS TO THE FIRST INTERMEDIATE ACCOUNTING OF T~iE'ESTATE OF LOTTIE IVY DIXON AJW 8/29/08 22 ORDER OF COURT DATED 0S/26L08 IN RE APPOINTMENT OF A~ TOR UPON CONSIDERATION OF THE OBJECTTION TO THE FIRST INTERNED A E ACCOUNTING OF THE ESTATE OF LOTTIE IVY DIXON FILED I HE ABOVE CAPTIONED MATTER WAYNE F SHADE ESQ IS APPOINTED AUDI O BY THE COURT J WESLEY OLER JR J COPIES MAILED VIA USPS ON 08/29/08 AJW 8/29/08 23 ORDER OF COURT DATED 08/2608 IN RE APPOINTMENT OF AL~D~TOR UPON CONSIDERATION OF THE OBJEC ION TO THE FIRST INTERMEDIA E 11500708262010 Cumberland County - Orphans Court ORC621 Case No 2007-00686 11/25/08 24 Pag~26/2010 ACCOUNTING OF THE ESTATE OF LOTTIE IVY DIXON FILED ''I THE ABOVE CAPTION MATTER WAYNE F SHADE ESQ IS APPOINTED AUDI~'0 BY THE COURT J WESLEY OLER JR J COPIES MAILED VIA USPS ON ,O /29/08 AJW PETITION OF WAYNE F SHADE ESQ FOR EXTENSION OF APPOI,I1dfTMENT OF AUDITOR AJW 12/03/08 25 ORDER OF COURT DATED 12 01/08 IN RE PETITION OF WAY~TE'~F SHADE ESQUIRE FOR EXTENSION OF APPOINTMENT AS AUDITOR IS #iE~2EBY CONFIRMED AND EXTENDED THROUGH JUNE 1 2009 BY THE C T J WESLEY OLER JR JUDGE COPIES MAILED 12/03/08 JAN 4/14/09 26 MOTION FOR ORDER SETTING SCHEDULE FOR DISCOVERY AND',H~ARING OBJECTIONS WSZ 4/17/09 27 ORDER OF COURT DATED 04 16/09 IN RE MOTION FOR ORDE ~ETTING SCHEDULE FOR DISCOVERY HEARING ON OBJECTIONS U O CONSIDERATION OF THE ATTACHED MOTION A RULE IS HERE Y ISSUED UPON ALL INTERESTED PARTIES TO SHOW CAUSE WHY THE RELIEF R QUESTED SHOULD NOT BE GRANTED RULE RETURNABLE WITHIN 20 DAY ~ THE DATE OF THIS ORDER THE MOVING PARTY SHALL BE RESPONSIBL OR SERVICE TO ALL PARTIES BY THE COURT J ESLEY OLER JR J COPIES MAILED VIA USPS ON 04/1709 AJW 5/06/09 28 CO TRUSTEES' RESPONSE TO RULE TO SHOW CAUSE WHY THE~,MO',TION FOR ORDER SETTING SCHEDULE SHOULD NOT BE GRANTED AJW 5/06/09 29 PETITION OF WAYNE F SHADE ESQUIRE FOR EXTENSION OF APPOINTMENT AS AUDITOR JAN 5/11/09 30 ORDER OF COURT DATED 05 10 09 IN RE PETITION OF WAYN SHADE ESQ FOR EXTENSION OF APPOINTMENT AS AUDITOR UPON CONSID ION THE PETITION IS HEREBY CONFIRMED AND EXTENDED THOUGH 02~ 1/2010 BY THE COURT J WESLEY OLER JR JUDGE COPIES MAILED 05/11/09 JAN 5/20/09 31 ORDER OF COURT DATED 05 18/09 IN RE MOTION FOR ORDER'S TTING SCHEDULE FOR DISCOVERY HEARING ON OBJECTIONS THIS TTER IS REFERRED TO THE AUDITOR WAYNE F SHADE ESQQ FOR REVIEW 'A BRIEF INTERIM REPORT AND RECOMMENDED ORDER BY 'I~`HE COURT J ~E~LEY OLER JR CO IES MAILED 05/21/09 JAN 5/27/09 32 RULE 6.12 REMINDER LETTER MAILED TO ATTY & PERSONAL RIEPIRESENTATIVE 11500708262010 Cumberland County - Orphans Court ORC621 Case No 2007-00686 AJW 5/29/09 33 JATANTUS REPORT 6.12 INCOMPLETE FILED LATE 6/12/09 34 DAI~RECTIVE 6/18/09 35 ORDER OF COURT DATED 06 17 09 IN RE DIRECTIVE UPON G'. THE PARTIES IT IS HEREBY ORDERED AND DECREED AS FOL O' ABOVE CAPTIONED PROCEEDINGS ON THE OBJECTIONS TO TH ACCOUNT AND THE OBJECTIONS TO THE TRUST ACCOUNT WIL CONSOLIDATED FOR THE PURPOSES OF DISCOV~RY HERRING 2 ALL DISCOVERY WILL BE CONCLUDED BY 08 31j09 3 THE~A RESOLVE DISCOVERY DISPUTES SUBJECT TO D NOVO REVIE~1 4 FUTHER PROCEEDINGS WILL BE IN ACCORDANCE WITH THE A DIRECTIVE OF THE AUDITOR SUBJECT TO MODIFICATION BY',U AGREEMENT OF THE PARTIES OR BY ORDER OF COURT BASEDCC Pa8%26/2010 ENT OF TEHE ISPOSITION TOR MAY THE COURT IMOUSE INUED) 6/18/09 36 CONTINUED-UPON GOOD CAUSE SHOWN AND 5 THE AUDITOR SF~A L SCHEDULE THE HEARING DATES AND GIVE NOTICE TO THE PARTIES AS'~R UIRED BY CUMBERLAND COUNTY ORPHANS COURT RULE 2.1-1 BY THE Cd ~ J WESLEY OLER JR JUDGE ' COPIES MAILED 06/19/09 JAN 8/25/09 37 PRAECIPE FOR WITHDRAWAL OF APPEANCE OF THOMAS A FREIVIC JILL E NEARY AND THE LAW FIRM OF BROADS & SINON LLP AS COUNSEL TO 1~NUFACTURERS & TRADERS TRUST CO RICHARD DIXON AND GEORGE F DIXON ',III CO TRUSTEES CAJ 8/27/09 38 PRAECIPE FOR ENTRY OF APPEARANCE OF MARK D BRADSHAW ~S OF THE FIRM OF 5TEVENS AND LEE ON BEHALF OF M&T TRUST COMPANY IN T E PLACE OF STANLEY A SMITH ESQ THOMAS A FRENCH ESQ AND JILL E N~ Y ESQ OF THE LAW FIRM OF BROADS AND SINON LLP JAN 10/09/09 39 JOATNION TO EXTEND DISCOVERY DEADLINE 10/16/09 40 ORDER OF COURT DATED 1011509 IN RE MOTION TO EXTEND'D SCOVERY DEADLINE A RULE IS HEREBY SSUED UPON ALL INTERESTED'P TIES TO SHOW CAUSE WHY THE RELIEF REQUESTED SHOULD NOT BE GR ED RULE RETURNABLE WITHIN 10 DAYS OF SERVICE THIS MATTER IS E ERRED TO THE AUDITOR FOR A BRIEF INTERIM REPORT AND RECOMMEND DIORDER BY THE COURT J WESL~Y OLER JR JUDGE COPIES MAILED 10 16/09 JAN 10/21/09 ~41 ANSWER IN OPPOSITION TO MOTION TO EXTEND DISCOVERY DEAI~,LINE FILED BY MARSHALL DIXON INDIVIDUALLY AND AS EXECUTOR OF THE' STATE OF LOTTIE IVY DIXON 11500708262010 Cumberland County - Orphans Court Pa8%26/2010 ORC621 Case No 2007-00686 JAN 10/23/09 42 INSTITUTIONAL TRUSTEE M&T BANKS RESPONSE TO RULE TG 51HOW CAUSE WHY DISCOVERY DEADLINE SHOULD NOT BE EXTENDED JAN 11/20/09 43 CtAJDJITOR'S REPORT ON DISCOVERY ISSUES 11/20/09 44 CAJPULATION TO AMEND SCHEDULING DIRECTIVE 12/01/09 45 ORDER OF COURT DATED 11L25109 IN RE AUDITORS REPORT'0 DISCOVERY ISSUES AFTER ARGUMENT OFF THHE PARTIES BEFORE THE AUD T R AND UPON THE RECOMMENDATION OF THE AUDITOR IN THE ATTACHED R P RT IT IS HEREBY ORDERED AND DECREED THAT THE MOTION OF COUNS LOF GEORGE F DI~ON III AND RICHARD E DIXON TO EXTEND THE DISCOVE Y'DEADLINE OF 09 30/09 IS DENIED WITHOUT PREJUDICE TO THE RENEWALiO THE MOTION TO THE AUDITOR AT THE PRE HEARING CONFERENCE SCHED E FOR 12/09//09 IN THE EVENT THAT MARSHALL L DIXON SHOULD A L TO DISCLOSE TO COUNSEL FOR GEORGE F DIXON III AND RIC E DIXON ALL OF HIS BROKERAGE STATEMENTS FOR ALL OF HIS BROKERAG CONTINUED) 12/01/09 46 CONTINUED-ACCOUNTS BY 5PM PREVAILING TIME ON 12/03/09 BY THE COURT J W~SLFY OLER JR JUDGE COPIES MAILED 12 02//09 JAN 12/10/09 47 PETITION FOR GENERAL CONTINUANCE OF HEARING AND TO P,LL,OW MARTSON LAW OFFICES TO WITHDRAW AS COUNSEL FOR GEORGE F DIXOINN III AND RICHARD E DIXON JAN 12/14/09 48 PRAECIPE TO WITHDRAW THE APPEARANCE OF THE LAW FIRM pF,MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER CAJ 12/29/09 49 ORDER DATED 12/1109 IN RE PETITION FOR GENERAL CON I ANCE OF HEARING AND TO AL OW MARTSON LAW OFFICES TO WITHDRA S COUNSEL GEORGE F DIXON III AND RICHARD E DIXON HEARINGS SCH D ED FOR 12/16 17 AND 18 2009 ARE CONTINUED THEY SHALL RET I NEW LEGAL COUNSEL 'WITHIN 35 DAYS AND THEIR NEW ATTORNEY SHALL'C NTACT THE AUDITOR AND OTHER LEGAL COUNSEL MARTSON LAW OFFICE S U~HO~~EAUDOITORSPAp OINTMEENTNISIEXTENDEDRT0~54J~52J1bG~B NTH~ECOURTS J WESLEY OLER JR J COPIES MAILED VIA USPS ON 12/15/09 CAJ 1/25/10 50 jPRSP~,ECIPE FOR ENTRY OF APPEARANCE FILED BY PAUL C HEINT7~ 2f 12/10 51 RESPONSE IN OPPOSITION TO PETITION TO APPOINT ADMINISITR;ATOR PRO 11500708262010 Cumberland County - Orphans Court Pa8%26/2010 ORC621 Case No 2007-00686 TEM FILED BY MARSHALL DIXON AS EXECUTOR OF THE ESTAITF~ OF LOTTIE IVY DIXON (WITH ORDER ORDER IS IN 21-94-754 CAJ 2/12/10 52 P~E'wITION FOR APPOINTMENT OF ADMINISTRATOR PRO TEM ' 2/16/10 53 ORDER OF COURT DATED 02L16110 IN RE PETITION FOR AP 0 NTMENT OF ADMINISTRATOR PRO TEM FIILEDD ON BEHALF OF GEORGE F D X N III AND RICHARD E DIXON AND OF THE RESPONSE IN OPPOSITION T ETITION TO APPOINT ADMINISTRATOR PRO TEM FILED BY MARSHALL DIX N AS EXECUTOR OF THE ESTATE OF LOTTIE IVY DIXON THE MATTER IS REF R ED TO THE AUDITOR WAYNE F SHADE ESQ FOR A BRIEF INTERIM REPOR T E AUDITORS RECOMMENDED ORDER PETITOINERS REQUEST FOR A STAY OF!, PROCEEDINGS IN THE INTERIM IS DENIED BY THE COURT J W SL Y OLER JR JUDE COPIES MAILED 02~16~10 JAN 2/19/10 54 CEAJITION FOR SIXTY DAY CONTINUANCE OF AUDITORS HEAR$NC~ 2/22/10 55 WSZECTIVE FILED BY COURT APPOINTED AUDITOR ' 2/23/10 56 ORDER OF COURT DATED 02j23L10 IN RE DIRECTIVE UPON TH RECOMMENDATION OF THE AUUDDITTOR IN THE ATTACHED DIREC'I~~I IS HEREBY ENDORSED AS AN ORDER OF COURT THE PETITION FOR AFPOI~T MENT OF AN ADMINISTRATOR PRO TEM IS DENIED AND THE PETITION FOR, ,CONTINUANCE OF THE HEARINGS IS DENIED BY THE COURT J WESLEY OLER JR JUDGE COPIES MAILED 02/23/10 JAN 3/15/10 57 EXCEPTIONS TO ORDER OF COURT DATED 2/23/10 DENYING P~T~ITTONERS PETITION FOR APPOINTMENT OF A ADMINISTRATOR PRO TEM CAJ 3/19/10 58 PETITION OF WAYNE F SHADE ESQUIRE FOR EXTENSION OF A~P~INTMENT OF AUDITOR JAN 3/23/10 59 ORDER OF COURT DATED 03L22f10 IN RE PETITION OF WAYN SHADE ESQ FOR EXTENSION OF APPOINTTME11vvT AS AUDITOR THE APPOINTM N OF WAYNE F S E ESQ AS AUDITOR IS HEREBY CONFIRMED AND EXTENDE HROUGH CO IESIMAILED 03/23/10 JAN 3/26/10 60 RESPONSE OF MARSHALL DIXON EXECUTOR OF THE EST TE OF L TTIE IVY DIXON TO EXCEPTIONS TO ORDER OF COURT DATED 02 23/10 D HYING PETITOINERS PETITION FOR APPOINTMENT OF AN ADM~NISTR~T R PRO TEM JAN 11500708262010 Cumberland County - Orphans Court ~ Pa8j26/2010 ORC621 Case No 2007-00686 3/30/10 61 ORDER OF COURT DATED 2/29j10 IN RE PETITION FOR APRO NTMENT OF ADMINISTRATOR PRO TEM WHHICH APPEAR TO BE IN THE 1~A URE OF A MOTION FOR RECONSIDERATION AND WILL BE REGARDED ASKS CH THE MATTER IS REFERRED TO THE AUDITOR WAYNE F SHADE ESQ FOR A_IB IEF INTERIM REPORT AND RECOMMENDED ORDER -BY THE COURT J WESLEY. LER JR J COPIES MAILED VIA 3/30/10 CAJ 4/01/10 62 AMENDED ORDER OF COURT DATED 03/31/10 IN RE THE PRI R ORDER OF COURT IN THIS MATTER DATED 02/29/10 IS HEREBY AMEND DI TO REFLECT THE CORRECT DATE OF THE ORDER AS MARCH 29 2010 IN A LIIOTHER RESPECTS THE PRIOR ORDER OF COURT SHALL REMAIN IN F L$~ FORCE AND EFFECT BY THE COURT J WFSL$Y OLER JR JUDGE COPIES MAILED 04 01 10 JAN 4/06/10 63 CAJ ND INTERIM REPORT AND RECOMMENDATIONS 4/09/10 64 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW SUE~MI~TTED BY GEORGE F DIXON III AND RICHARD E DIXON CAJ 4/12/10 65 ORDER OF COURT DATED 4/7f 10 IN RE SECOND INTERIM RE O T AND RECOMMENDATIONS THE RECOMMMMENDATIONS ARE HEREBY ENDO S D AS AN O~~DDEFF~~ OF COURT AND THE EXCEPTIONS TO THE ORDER OF C T DATED 2123L10 DENYING THE PETITION FOR APPOINTMENT OF AN INISTRATOR PRRO 'IT'EM IN THE NATURE OF A MOTION FOR RECONSIDERATI TREATED AS SUCH ARE DISMISSED -BY THE COURT J WESLEY OLER JR; ~ COPIES MAILED VIA USPS ON 4/12/10 CAJ 4/30/10 66 PROPOSED FINDINGS OF FACT AN CONCLUSIONS OF LAW OF M~,R~HALL DIXON EXECUTOR OF THE ESTATE OF LITTIE IVY DIXON WSZ 5/13/10 67 NOTICE OF APPEAL REQUEST FOR TRANSCRIPTS CERTIFICATE OF SERVICE CERTIFIED COPY OF DOCKET ENTRIES NOTICE OF APPEAL SENT UPS TO SUPERIOR COURT ON 5/13/010 5/14/10 68 REPLY OF GEORGE F DIXON III AND RICHARD E DIXON TO PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW CAJ 5/17/10 69 SEATPURN RECEIPT FROM SUPERIOR COURT RECEIVED ON 5j17/2010 11500708262010 Cumberland County - Orphans Court Pa8%26/2010 ORC621 Case No 2007-00686 5/17/10 70 SUPERIOR COURT APPEAL DOCKET SHEET DOCKET NO 8 8 A 2010 RECORD DUE 7~f12~010 SAP 5/18/10 71 ORDER OF COURT DATED 05/17[10 IN RE NOTICE OF APPEA~., PPELLANT IS DIRECTED PURSUANT TO PA RAP 1925B TO FILE OF RECORD I THIS COURT AND TO SERVE UPON THE UNDERSIGNED JUDGE A CONCISE S A EMENT OF ERRORS COMPLAINED OF ON APPEAL NO LATER THAN 21 DAY FTER ENTRY OF THIS ORDER ANY ISSUES NOT PROPERLY INCLUDED IN T E STATEMENT TIMELY FILED AND SERVED PURSUANT TO THIS ORDER SHAL E DEEMED WAIVED ' BY THE COURT J W$SLFY OLER JR JUDGE COPIES MAILED 05/18/10 JAN 6/01/10 ?2 TRANSCRIPT OF PROCEEDINGS AUDITORS HEARING BEFORE W~lY1~fE F SHADE AUDITOR 6/08/10 73 WSZCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEALM Y & PERSONAL ~RF~PRESENTATIVE 6/11/10 74 SAUpE 6.12 REMINDER LETTER MAILED TO ATT 6/16/10 75 SATPTUS REPORT 6.12 INCOMPLETE FILED LATE 8/19/10 76 OJUDGE COPIESUMAILED 08/19/10925 BY THE COURT J WESLE~ bLER JR WSZ ', 8/26/10 77 NMAOILED OVIATUR PSMONT8~26/lOECAJD AND SERVICE OF LIST ~F'RECORDS ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: Lottie I. Dixon, Deceased CUMBERLAND COUNTY PENNSYLVANIA NO. 21-07-A; ~ t~U~ tt CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 08-26-10 JUDGE'S INITIALS: TIME STAMP DATE: 08-26- IN RE: Notice of Transmittal of Record and Service of List of Documents SERVICE TO: Kevin Kehner Kimberly Colonna Charlotte Dixon Walter Cohen Mark Bradshaw Wayne Shade Elizabeth Mullau¢h Daniel Sullivan METHOD OF MAILING: ENVELOPES PROVIDED BY: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 08-26-10 SERVICE TO: ^ PETITIONER ^ JUDGE ® CLERK OF ORPHANS COURT METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT ~' Deputy Clerk of Orphans' Court