HomeMy WebLinkAbout11-25-08IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS OF
LOTTIE IVY DIXON, :CUMBERLAND COUNTY, PENNSYLVANIA
Deceased :ORPHANS' COURT DIVISION
N0. 21-07-0686
PETITION OF WAYNE F. SHADE, ESQUIRE,
FOR EXTENSION OF APPOINTMENT AS AUDITOR
TO THE HONORABLE, THE JUDGES OF SAID COURT:
1.
On August 26, 2008, Petitioner was appointed auditor in the above-captioned
Estate.
2.
Petitioner promptly requested Pre-Hearing Memoranda from the parties of record
and dates for aPre-Hearing Conference.
3.
This estate is a substantial estate with probate assets of a value in excess of
$1,000,000.
4.
Objectors allege that the Executor undervalued various assets and engaged in a
WAYNE F. SI IADE
Attorney at Law
53 West Pomt?et Street
Carlisle, Pennsylvania
17013
pattern of conduct in the administration of the estate to benefit himself to the exclusion of
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his siblings. _ : ~'
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5.
Objectors indicate that they require additional information to enable them to file
the requested Pre-Hearing Memorandum.
6.
Objectors also indicate that, although the Executor has been cooperative in issuing
authorizations for Objectors to obtain information directly from various financial
institutions, Objectors are having difficulty in obtaining some of the information due to
bank mergers and acquisitions.
7.
Objectors further indicate that they should be able to complete their discovery and
submit their requested Pre-Hearing Memorandum by the end of January of 2009.
8.
Thereafter, the Auditor proposes to give the Executor thirty days to file a
responsive Pre-Hearing Memorandum and the Objectors fifteen days thereafter to file
their responsive Pre-Hearing Memorandum.
9.
With the intervening holidays, the time that the Objectors are requesting to pursue
discovery does not appear to the Auditor to be unreasonable.
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
-2-
10.
After the submission of Pre-Hearing Memoranda and aPre-Hearing Conference, it
would be expected that at least another sixty days will be necessary to schedule and
conduct a hearing and prepare and file a report.
WHEREFORE, the Auditor respectfully requests confirmation and extension of
his appointment until June 1, 2009.
Date: November 25, 2008
Respectfully submitted,
Wayn .Shade, Esquire
WAYNL F. SHAD
Attorney al Law
53 West Pomfret Stre
Carlisle, Pennsyh-ani
17013
-3-
I verify that the statements made in the foregoing Petition are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§4904, relating to unsworn falsification to authorities.
Date: November 25, 2008 G~ ~`Sr~~
Wayne .Shade, Esquire
WAYNE F. SHADE
Attorney ai Law
53 West Pomfret Strecl
Carlisle, Pennsylvania
17013