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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 , 2012:--
Although the saga of this dispute between three of the children of George
F. Dixon, Jr. and Lottie Ivy Dixon is befitting 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
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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
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Given the issue of attorney’s fees already before us, additional fees, which may be assessed by
this or another court are a necessary element of the agony.
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J. Wesley Oler, Jr., that “the court did not, as [may be] suggested by [the parties],
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treat the matter peremptorily.” 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
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forevermore.
Accordingly, we enter the following order:
ORDER OF COURT
AND NOW, this day of December, 2012, following briefing and
ORDER AND DIRECT
argument, we as follows:
1. The objections of the Executor to the Auditor’s Report and Recommendations
DENIED.
regarding the Executor’s Motion for Award of Attorney’s Fees are
2. The objections of George F. Dixon, III and George E. Dixon to the Auditor’s
DENIED.
Report and Recommendations on Attorney’s Fees are
3. The objections of the Executor to the Auditor’s Report and Recommendations
DENIED
on the merits are .
4. The objections of George F. Dixon, III and George E. Dixon to the Auditors
DENIED.
Report on the Merits are
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In re: Opinion Pursuant to Pa.R.A.P. 1925, August 19, 2010 at p. 16.
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Psalm 133, the NIV Study Bible, Zondervan Publishing House (1995).
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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,
Albert 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
th
16 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
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