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Home My WebLink About12-28-12 IN RE: IN THE COURT OF COMMON PLEAS OF ESTATE OF LOTTIE IVY DIXON, :CUMBERLAND COUNTY, PENNSYLVANIA Deceased 21-07-0686 ORPHANS' COURT IN RE: IN THE COURT OF COMMON PLEAS OF ESTATE OF GEORGE F. DIXON, JR. :CUMBERLAND COUNTY, PENNSYLVANIA QTIP -- Trust 21-94-0754 ORPHANS' COURT ORDER OF COURT AND NOW, this ~~day of December, 2012, following briefing and argument, we ORDER AND DIRECT as follows: 1. The objections of the Executor to the Auditor's Report and Recommendations regarding the Executor's Motion for Award of Attorney's Fees are DENIED. 2. The objections of George F. Dixon, III and George E. Dixon to the Auditor's Report and Recommendations on Attorney's Fees are DENIED. 3. The objections of the Executor to the Auditor's Report and Recommendations on the merits are DENIED. 4. The objections of George F. Dixon, III and George E. Dixon to the Auditors Report on the Merits are DENIED. Wherefore the Auditor's Report and Recommendations on the merits filed September 19, 2011 and the Auditor's Report and Recommendations with respect to attorney's fees filed May 23, 2012, are adopted and endorsed as orders of court. X::~7 ,. `R ... i ~" .J 4 ,. i w ~'-~ cv ,. .~ a ~ C~ `-!~ q ~ c -~ C~} V ~ W ~ Cld O WCiG ~ •~ V ~4~ By the Court, Albert H. Masland, J. 1 21-94-0754 ORPHANS' COURT 21-07-0686 ORPHANS' COURT Kimberly M. Colonna, Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Kevin J. Kehner, Esquire Obermayer Rebmann Maxwell & Hippel LLP 200 Locust Street, Suite 400 Harrisburg, PA 17101 Mark D. Bradshaw, Esquire Stevens & Lee, P.C. 17 North Second Street 16th Floor Harrisburg, PA 17101 Daniel L. Sullivan, Esquire 2109 Market Street Camp Hill, PA 17011 Charlotte Ivy Dixon 323 Bayview Street Camden, ME 04843 Wayne F. Shade, Esquire 53 W. Pomfret Street Carlisle, PA 17013 :sal -2- IN RE: : IN THE COURT OF COMMON PLEAS OF ESTATE OF LOTTIE IVY DIXON, :CUMBERLAND COUNTY, PENNSYLVANIA Deceased 21-07-0686 ORPHANS' COURT IN RE: IN THE COURT OF COMMON PLEAS OF ESTATE OF GEORGE F. DIXON, JR. :CUMBERLAND COUNTY, PENNSYLVANIA QTIP -- Trust 21-94-0754 ORPHANS' COURT MEMORANDUM OPINION AND ORDER OF COURT Masland, J., December 28, 2012:-- Although the saga of this dispute between three of the children of George F. Dixon, Jr. and Lottie Ivy Dixon is betting of a more extensive opinion, this memorandum opinion is offered to the parties as, perhaps, their final opportunity to lay down their battleaxes and not only spare another forest, but also spare themselves the additional agony of another appeal.' For our part, we will spare the parties a full recitation of the factual and procedural background and note merely that following extensive briefing of all contested issues, the court heard equally extensive argument on December 7, 2012. Let there be no doubt, our decision in no way reflects our opinion of the quality of advocacy and argument by counsel. Their expertise is not in question. Nevertheless, after a thorough review of the briefs and due consideration of the arguments, not to mention the time necessary to become familiar with the file, we are convinced that the auditor's reasoning and recommendations are correct. In the face of likely appeals, we preemptively echo the sentiments of the Honorable ' Given the issue of attorney's fees already before us, additional fees, which may be assessed by this or another court, are an unaviodable element of the agony. 21-94-0754 ORPHANS' COURT 21-07-0686 ORPHANS' COURT J. Wesley Oler, Jr., that "the court did not, as [may bej suggested by [the parties], treat the matter peremptorily." 2 However, in lieu of adding fuel to the fire, the court suggests the parties consider the words of King David (who witnessed more discord between his sons than has been generated thus far by the Dixon brothers): How good and pleasant it is when brothers live together in unity! It is like precious oil poured on the head, running down on the beard, running down on Aaron's beard, down upon the collar of his robes. It is as if the dew of Hermon were falling on Mount Zion. For there the Lord bestows his blessing, even life forevermore.3 Accordingly, we enter the following order: ORDER OF COURT AND NOW, this day of December, 2012, following briefing and argument, we ORDER AND DIRECT as follows: 1. The objections of the Executor to the Auditor's Report and Recommendations regarding the Executor's Motion for Award of Attorney's Fees are DENIED. 2. The objections of George F. Dixon, III and George E. Dixon to the Auditor's Report and Recommendations on Attorney's Fees are DENIED. 3. The objections of the Executor to the Auditor's Report and Recommendations on the merits are DENIED. 4. The objections of George F. Dixon, III and George E. Dixon to the Auditors Report on the Merits are DENIED. s In re: Opinion Pursuant to Pa. R.A. P. 1925, August 19, 2010 at p. 16. Psalm133, the NIV Study Bible, Zondervan Publishing House (1995). -2- 21-94-0754 ORPHANS' COURT 21-07-0686 ORPHANS' COURT Wherefore the Auditor's Report and Recommendations on the merits filed September 19, 2011 and the Auditor's Report and Recommendations with respect to attorney's fees filed May 23, 2012, are adopted and endorsed as orders of court. By the Court, r'~/ A ert H. Masland, J. Kimberly M. Colonna, Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Kevin J. Kehner, Esquire Obermayer Rebmann Maxwell & Hippel LLP 200 Locust Street, Suite 400 Harrisburg, PA 17101 Mark D. Bradshaw, Esquire Stevens & Lee, P.C. 17 North Second Street 16t" Floor Harrisburg, PA 17101 Daniel L. Sullivan, Esquire 2109 Market Street Camp Hill, PA 17011 Charlotte Ivy Dixon 323 Bayview Street Camden, ME 04843 Wayne F. Shade, Esquire 53 W. Pomfret Street Carlisle, PA 17013 :sal -3- In Re: LOTTIE IVY DIXON ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-07-0686 21-94-0754 ORDER DATE: 12/28/2012 JUDGE'S INITIALS: TIME STAMP DATE: 12/28/2012 CERTIFICATE OF SERVICE OF ORDER IN RE: ORDER OF COURT SERVICE TO: KIMBERLY M COLONNA PO BOX 1166 HBG PA 17108 KEVIN J KEHNER 200 LOCUST ST SUITE 400 HBG PA 17101 MARK D BRADSHAW 17 N 2ND STREET HBG PA 17101 DANIEL L SULLIVAN 2109 MARKET ST CAMP HILL PA 17011 CHARLOTTE IVY DIXON 323 BAYVIEW ST CAMDEN ME 04843 WAYNE F SHADE 53 W POMFRET ST CARLISLE PA 17013 METHOD OF MAILING ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 12/31/2012 ENVELOPES PROVIDED BY• ^ PETITIONER ® JUDGE ^ CLERK OF ORPHANS COURT SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY• ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT ~~v,~~~~U~~~~~~ Deputy