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IN RE: ESTATE OF : IN THE COURT OF COMM~~EA~_ OF
LOTTIE IVY DIXON, :CUMBERLAND COUNTY, YLANTA`
Deceased :ORPHANS' COURT DIVISIO~ r-:~ = T
N0.21-07-0686 " ~_~ ~n
IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS OF
GEORGE F. DIXON, JR., :CUMBERLAND COUNTY, PENNSYLVANIA
Deceased :ORPHANS' COURT DIVISION
QTIP -Trust : NO.21-1994-0754
PETITION OF WAYNE F. SHADE, ESQUIRE, NUNC PRO TUNC
FOR CONFIRMATION AND EXTENSION OF
APPOINTMENT AS AUDITOR
TO THE HONORABLE, THE JUDGES OF SAID COURT:
1.
On August 26, 2008, Petitioner was appointed auditor in the Estate of Lottie Ivy
Dixon (hereinafter the "estate").
2.
On March 3, 2009, Petitioner was appointed auditor in the Estate of George F.
Dixon, Jr.
3.
On June 17, 2009, the two cases were consolidated with agreement of the parties.
4.
WAYNE F. SHADE
Attorney at I.aw
53 West Pomfret Scree
Carlisle, Pem~sylvania
17013
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On March 22, 2010, your Honorable Court in the person of th~?oral~ J.
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Wesley Oler, Jr., J., extended the commission of the auditor throughr.~ 5, 3®10. ~ '
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5.
The auditor's hearing was held on February 24, 2010.
6.
Before the auditor could file his report, Richard E. Dixon and George F. Dixon, III
(hereinafter "the Brothers"), on March 15, 2010, filed exceptions to the denial of their
petition for appointment of an administrator pro tem.
7.
By order dated Apri17, 2010, and filed April 12, 2010, the court adopted the
recommendations of the auditor that the exceptions of the Brothers be denied.
8.
On May 13, 2010, the Brothers filed their notice of appeal and statement of errors
complained of on appeal.
9.
On August 19, 2010, the Orphans' Court issued an opinion, pursuant to Pa. R. Civ.
P. 1925 (a), in support of the denial of the exceptions of the Brothers to the denial of their
petition for appointment of an administrator pro tem.
WAYNE F. SHAnE
Attorney tU law 'i,
53 West Pomfret Street
Carlisle, Pennsylvania
17013
.'Z_
10.
On Apri15, 2011, the Superior Court quashed the appeal as being from an
interlocutory order that was not appealable as of right and for which permission to appeal
had not been granted.
11.
On Apri120, 2011, the Brothers filed an application for reconsideration in the
Superior Court on the asserted basis that the Superior Court erroneously stated in its
opinion quashing the appeal that the Brothers did not claim that the order from which the
appeal was taken was a collateral order.
12.
On May 26, 2011, the Brothers' application for reconsideration was denied, per
curiam, and the record was remitted to the Orphans' Court on July 5, 2011.
13.
While the consolidated cases were on appeal, the auditor's commission expired.
14.
Concurrently with this Petition, the auditor is filing his report.
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
-3-
0
15.
By agreement of the parties, issues regarding liability for attorney fees incurred by
the parties in addressing the various objections have been deferred and preserved for later
disposition.
16.
The auditor's report recommends that the parties be required to file any claims for
attorney fees incurred in addressing the various objections with the Clerk of the Orphans'
Court within twenty days from the date of the report.
WHEREFORE, the auditor respectfully requests that his commission be extended,
Hunt pro tunc, through December 19, 2011.
Date: September 19, 2011
Respectfully submitted,
Waynel~'. Shade, Esquire
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
-4-
I verify that the statements made in the foregoing Petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§4904, relating to unsworn falsification to authorities.
Date: September 19, 2011 ' / ~
Wayne .Shade, Esquire
WAYNE F. SHADE
Atmrney et Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013