HomeMy WebLinkAbout06-22-11IN RE: ESTATE OF ROBERT M. : IN THE COURT OF COMMON PLEAS OF
MUMMA, deceased :CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION Q
N0.21-86-398 `-
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APPLICATION FOR LEAVE TO REQUIRE SECURITY FOR PAYMEI~F H
AUDITOR'S EXPENSES AND FEES ~ r
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AND NOW, this 22"d day of June, 2011, 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 undersigned 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. Subsequent to holding more than thirty days of hearings, the undersigned began the
process of reviewing the transcripts and the evidence presented, the record of those
hearings: the notes of testimony and documentary evidence presented filled eleven
trans-files and the preparation of a report.
3. During the undersigned's review, one of the Executrices/Trustees, Mrs. Barbara
McK. Mumma passed away.
4. A stay of the undersigned's final report was sought and received and the undersigned
ceased review and preparation of the report.
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S. The surviving Executrice/Trustee filed a final accounting in this matter to which
objections were filed and Your Honor appointed the undersign to hold hearings on
those objections.
6. The undersigned devoted time to prehearing matters including motions and other
matters referred by Your Honor.
7. The applicant spent eighty-eight (88) hours reviewing the former hearing transcripts
and evidence and twenty two (22) hours to pre hearing matters.
8. The undersigned held nine (9) days of hearings for a total of sixty-six (66) hours.
9. The undersigned has incurred Court Reporter costs and fees in the amount of
$6,592.00 and miscellaneous expenses (travel, parking, telephone, copies, postage,
etc.) of $ l OS.00.
10. The applicant to date has devoted one hundred and seventy-six (176) hours to this
matter and requests a rate of $175.00 per hour for a total of $30,800.00.
11. The applicant's total costs and fees from the date of his last request until the date of
this request is $37,497.00.
12. 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 (SO%) from the
Marital Trust and fifty percent (SO%) from the Residuary Trust or one hundred
percent from the Resduary Trust if the two trust accounts have been consolidated, and
that the applicant reserve how any award or surcharge shall be allocated until his final
report.
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 $37,497.00.
Respectfully submitted,
Jys~ph D. Suck1~3/, ~squir
upreme Court I # 38444
1237 Holly Pike
Carlisle, PA 17013
(717) 249-2448
JoeBLawna aol.com