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HomeMy WebLinkAbout12-06-11J r~,r ~-s, ~`-~~ _.A.^L.; i.~ ~ ~'''~i~~ ~:r~I t~cC -6 PFD 3~ 57 CLERK CF ORPHAN`S COURT CUt~'8~~~ ,.r.i~~,~r~ r;~7 PA IN RE: ESTATE OF LOTTIE IVY DIXON Deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION /: N0.21-07-0686 IN RE: ESTATE OF GEORGE F. DD~ON, JR Deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION N0.21-1994-0754 STATEMENT IN SUPPORT OF OBJECTIONS TO AUDITOR'S REPORT OF GEORGE F. DIXON, III AND RICHARD E. DIXON AND NOW come George F. Dixon, III and Richard E. Dixon to file this statement in support of their objections to the Auditor's Report and Recommendation in this case: In this Orphan's Court matter, on October 20, 2011, George F. Dixon, III and Richard E. Dixon filed "Objections to Auditor's Report of George F. Dixon, III and Richard E. Dixon." On the same date, "Objection of Marshall Dixon, Executor of the Estate of Lottie Ivy Dixon, to the Auditor's Report and Recommendation" was filed. On or about November 24, 2011, counsel for a6o~a~ Marshall Dixon, Executor of the Estate, filed Praecipes to List Objection for Argument related to both sets of objections for Argument Court on December 16, 2011. The Local Rules of Orphans' Court, specifically Rule 8.7-2, provide for the filing of objections to an auditor's report and require that objections "be specific as to the basis of the Objection whether as to the findings of fact or conclusions of law, or both." C.C.O.C.R 8.7-2. Any party in interest may list the matter for azgument. C.C.O.C.R 8.7-3. However, there is no mention of a requirement for a brief or a briefing schedule. Further, the Cumberland County Rules of Procedure, specifically Local Rules 1028(c), 1034(a) and 1035.2(a), do not address a procedure for handling objections to an auditor's report. Nevertheless, to the extent that a brief is deemed to be required here, Objectors George F. Dixon, III and Richard E. Dixon stand upon and incorporate by reference their Objections to the Auditor's Report filed on October 20, 2011 which state specific objections to both findings of fact and conclusions of law as contemplated by C.C.O.C.R. 8.7-2.Objectors also rely upon and incorporate by reference their "Proposed Findings of Fact and Conclusions of Law Submitted by George F. Dixon, III and Richard E. Dixon" filed on Apri19, 2010 (Docket Entry No. 64) and their Reply Findings of Fact and Conclusions of Law filed on May 14, 2010 (Docket Entry No. 68). Based on the above filings, the Court should reject the Recommendation (Number 1) of the Auditor's Report that the account objections to the First Intermediate Accounting and Proposed Schedule of Distribution of the Executor in the Estate of Lottie Ivy Dixon be dismissed. Rather, the account objection as well as the Objections to the Auditor's Report of George F. Dixon, III and Richazd E. Dixon should be sustained. In addition, the Objection of Marshall Dixon to the Auditor's Report should be dismissed. 4601499 2 • Respectfully submitted, OBERMAYER REBMANN MAXWELL & HIPPEL LLP Date: December 5, 2011 BY: a6o~a~ Walter W. ohen, Esquire Attorney ID # 12097 Kevin J. Kehner, Esquire Attorney ID # 33539 200 Locust Street, Suite 400 Harrisburg, PA 17101 717-234-9730 717-234-9734 (fax) Counsel for George F. Dixon, III and Richard E. Dixon 3 CERTIFICATE OF SERVICE I, KEVIN J. KEHNER, certify that on this date, I have served a true and correct copy of the foregoing Statement in Support of Objections to Auditor's Report of George F. Dixon, III and Richard E. Dixon upon the following, by first-class mail, addressed as follows: Elizabeth P. Mullaugh, Esquire Kimberly M. Colonna, Esquire McNEES, WALLACE & NURICK 100 Pine Street P.O. Box 1166 Harrisburg, Pennsylvania 17108-1166 Daniel L. Sullivan, Esquire SAIDIS, SULLIVAN & ROGERS 26 West High Street Carlisle, Pennsylvania 17013 Mark D. Bradshaw, Esquire STEVENS & LEE Harrisburg Market Square 17 North Second Street, 16a' Floor Harrisburg, Pennsylvania 17101 Chazlotte Dixon 323 Bayview Street Camden, ME 04843 Date: December 5, 2011 Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, Pennsylvania 17013 Kevin : Kehner, Esquire a6o~a~ 4