HomeMy WebLinkAbout07-19-07
IN THE MATTER OF
THE MAY M. MOORE FIVE YEAR
CHARITABLE LEAD ANNUITY
TRUST U/A DATED
NOVEMBER 7, 2001, AS
AMENDED AUGUST 6, 2002
JUL 18 2007~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
07-0138
I \ O~DER OF COURT
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AND NOW, on consideration of the attached Application of
Dale F. Shughart, Jr., Esquire, court-appointed Auditor, the
commission of the Auditor be and is hereby extended for an
additional six (6) months, such extended commission to commence on
2008.
Tuesday, July 24, 2007 and to expire on Wednesday, January 23,
By the Court,
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IN THE MATTER OF
THE MAY M. MOORE FIVE YEAR
CHARITABLE LEAD ANNUITY
TRUST UIA DATED
NOVEMBER 7, 2001, AS
AMENDED AUGUST 6, 2002
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
07-0138
APPLICATION FOR EXTENSION OF
AUDITOR'S APPOINTMENT
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Dale F. Shughart, Jr., Esquire, court-appointed Auditor in
regard to the above matter respectfully represents as follows:
1. Your Petitioner, Dale F. Shughart, Jr., Esquire, was
appointed auditor by Honorable J. Wesley Oler, Jr. on April 24,
2007 in regard to Objections filed by Amanda B. Reed and Araminta
Finn to the accounting filed by the Trustee of the May M. Moore
Five Year Charitable Lead Annuity Trust.
2. The undersigned Auditor assumed his responsibilities,
obtained and reviewed the file, and wrote to the attorneys for the
parties, Lowell R. Gates, Esquire, for the Trustee, and James M.
Stein, Esquire, for the Objectors, scheduling a pre-hearing
conference for Friday, May 25, 2007.
3. After receipt of the Auditor's Notice scheduling the
conference both attorneys contacted him and advised him that they
had agreed the proceedings should be held in abeyance until an
accounting was filed by co-Trustee Keeler and Danner, Financial
Services, LLP. Both counsel confirmed this agreement in writing.
4. It is the understanding of the Auditor that the request
for an Audit by Keeler and Danner has been filed and that such
proceedings are pending before the Court.
5. Pa.O.C. Rule 8.2 provides that the Auditor shall file a
Report within 90 days OF HIS APPOINTMENT unless the Court shall
extend the time.
6. The 90 day period established by Judge Oler's Order of
April 24 expires on Monday, July 23, 2007.
7. The Applicant believes and therefore avers that due to the
complexity of the issues and the fact that the parties are awaiting
a separate account from the co-Trustee, that the Court should
create an additional period of six months for the Auditor to
complete his duties and responsibilities in regard to this matter
and file his Report as required by the Pa.O.C.
WHEREFORE, the Applicant, Dale F. Shughart, Jr., court-
appointed Auditor, respectfully prays Your Honorable Court to
extend the term of his appointment for an additional six months,
-2-
commencing on Tuesday, July 24 and terminating on Wednesday,
January 23, 2008.
., Esquire
Court .D. 19373
10 West High Street
Carlisle, PA 17013
(717) 241-4311
Court-appointed Auditor
VERIFICATION
Dale F. Shughart, Jr., Esquire hereby verifies that the facts
set forth in the foregoing Application for Extension of Auditor's
Appointment are true and correct to the best of his knowledge,
information and belief, and understands that false statements
herein are made subject to the penalties of 18 Pa. C.S. ~4904
relating to unsworn falsifications.
DATE: July 18, 2007
-3-
IN THE MATTER OF
THE MAY M. MOORE FIVE YEAR
CHARITABLE LEAD ANNUITY
TRUST UjA DATED
NOVEMBER 71 20011 AS
AMENDED AUGUST 61 2002
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY I PENNSYLVANIA
ORPHANS' COURT DIVISION
07-0138
CERTIFICATE OF SERVICE
AND NOW, this 18th day of JulYI 2007, II Dale F. Shughart I
Jr., Esquire, court-appointed Auditor, hereby certify that I have
served a copy of the Application for Extension of Auditor's
Appointment by mailing a copy of the same by United States mail,
postage prepaid, addressed as follows:
Lowell R. Gates, Esquire
Gates, Halbruner & Hatch P.C.
1013 Mumma Road, Suite 100
Lemoynel PA 17043
James M. Steinl Esquire
Dick, Stein, Schemel, Wine & Frey LLP
13 West Main Street, Suite 210
Waynesboro, PA 17263
;[)
In Re: May M. Moore
ORDER DATED:
JUDGE'S INITIALS:
TIME STAMP DATE:
IN RE:
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO.~k()i O€9-
/}..I- 07-,Of3cg
CERTIFICA TE OF SERVICE OF ORDER
7 -20-07
JWO
7-20-07
ORDER OF COURT DATED 7-19-07
SERVICE TO:
LOWELL R GATES
JAMES M STEIN
DALE F SHUGHART JR
METHOD OF MAILING:
[I] USPS
ORRR
o Hand delivered
o Other: _
DA TE OF MAILING: 07-20-07
SERVICE TO:
ENENVELOPE(S) BY: ~ Petitioner
o Judge
o Clerk of Orphans' Court
METHOD OF MAILING:
DA TE OF MAILING:
o USPS
DRRR
o Hand delivered
o Other: _
ENVELOPE(S) BY:D Petitioner
o Judge
o Clerk of Orphans' Court
LDnl-whru ()9fJJMf11)
Deputy Clerk of Orphans' C rt
Clerk of the Orphans' Court