HomeMy WebLinkAbout12-07-04 (2)1N RE: MILDRED J. GERBER : IN THE COURT OF COMMON PLEAS
TRUST UNDER AGREEMENT : CUMBERLAND COUNTY, PENNSYLVANIA
dated DECEMBER 19, 1997 : ORPHAN'S COURT DIVISION
: NO. 21-2002-0540
PETITION FOR CONTINUANCE OF A UD1TOR
AND NOW, comes the Petitioner, William A. Duncan, Esquire, Auditor in the above-
captioned matter, and files this Petition for Continuance of Appointment of Auditor, making the
following statement:
1.
On or about November 25, 2003, the Petitioner, William A. Duncan, Esquire, was
appointed Auditor in the above-captioned action pursuant to Orphan's Court Rule 8.1 et seq. and
the Auditor accepted the appointment and received the file on or about November 30, 2003. A
copy of the Appointment of Auditor and Order of Court is attached hereto al~xhibit "A".
According to the Order of Court, the Auditor is to file a report after considerl~tion of all
issues raised by Objectors. -7
Due to the additional legal issues presented by the parties relating to the audit, the
Auditor is unable to file a report at this time.
Orphan's Court Rule 8.2 allows this Honorable Court to extend the time to file said report
upon application of the Auditor.
5.
The Auditor shall present his current billing as to this matter to the Trust and thereafter
shall do so monthly.
6.
Attached hereto are Stipulations entered into by Counsel related to the Audit. Said
Stipulations consent to the requested continuance.
7.
In accordance with the stipulations specified here and above, the Auditor respectfully
requests that all pending Motions and Petitions are dismissed without prejudice by the Court.
WHEREFORE, Petitioner, William A. Duncan, Esquire, respectfully requests that the
time for filing a report in this matter be extended until March 31, 2005.
Respectfully submitted,
DUNCAN & HARTMAN, P.C.
William A. Duncan, Esquire
One Irvine Row
Carlisle, PA 17013