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HomeMy WebLinkAbout01-03-08 C) (;:;0 '..~ :::0 .' -;"1 (-J ~-L; f;:"\ -":~: :'-) '......:.;.......'-. r-..:> = C--::::;l = <- ~~~ z .-, _....J ["1-1 ,"""-.., ~-~ I W -u ::.t: f'0 CJ1 N 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 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 J 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. By Order dated July 20, 2007 the Auditor's Appointment was extended for an additional six (6) months to expire January 23, 2008. 5. Although it had been contemplated an Accounting would be filed by Keeler and Danner, an Order requiring the filing of such an Account was not entered until December 31, 2007. 6. 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, the Court should create an additional period of six (6) months for the Auditor to complete his duties in regard to this matter and file his Report as required by Pa.R.C.p. 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, commenclng on January 24, 2008 and expiring on July 23, 2008. Respectfully submitted, ale F. Supreme 10 West High Carlisle, PA 17013 (717) 241-4311 Court-appointed Auditor ,., Esquire 9373 -2- 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 Pa. C.S. ~4904 relating to unsworn falSifice.t~J---t DATE: January 3, 2008 -3- ,:j:...... 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION 07-0138 CERTIFICATE OF SERVICE AND NOW, this 3rd day of January, 2008, I, Dale F. Shughart, 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 Lemoyne, PA 17043 James M. Stein, Esquire Dick, Stein, Schemel, Wine & Frey LLP 13 West Main Street, Suite 210 Waynesboro, PA 17263 .-J t~!/ I Dale F. r. Supreme 19373 10 West High Street Carlisle, PA 17013 Telephone: (717) 241-4311