HomeMy WebLinkAbout10-23-03AT AN ORPHAN'S COURT, Began on Thursday the 23~a day of October, A.D. 2003, and holden at
Carlisle, in and for Cumberland County, before the Honorable George E. Itoffer, President and Sole
Judge the following proceedings were held to wit:
THE PETITION
INRE:
THE ESTATE OF HERBERT HULL
DECEASED
DECREE
The background of this Decree is as follows:
1. A First and Partial Account for the Estate of Herbert L. Hull, Deceased (the "Account") was filed with
this Court on or about July 25, 2002, and a restated First and Partial Account for the Estate of Herbert L.
Hull, Deceased (the "Account" was filed with this Court on or about July 25, 2002, and a restated First and
Partial Account for the Estate of Herbert L. Hull, Deceased, was filed July 25, 2003; and
2. Objections to the Account and Petition for Surcharge were timely filed on behalf of Tracy A. Hull; and
3. Counsel for the movant, Tracy A. Hull, has petitioned the Court for appointment of an Auditor pursuant
to Local Orphans' Court Rule 6.10-2.
NOW, THEREFORE, this 23~s day of October, 2003, it is hereby ORDERED and DECREED that
William Duncan, Esq. is appointed as auditor and master (collectively "Auditor") in the above-captioned
proceeding.
The Auditor is specifically directed pursuant to 20 Pa. C.S.A. 751 (1), to investigate all issues of
fact raised in and related to: Objections ofTracy A. Hull and Petition for Surcharge, and to report finding
of fact, conclusions of law and recommendations to the Court with respect to Objections and Petition for
Surcharge.
The Auditor if further directed, pursuant to 20 Pa. C.S.A. 751(2), to examine and audit the First
and Partial Account for the Estate of Herbert L. Hull and to make recommendations to the Court with
respect thereto.
The Auditor is empowered to take such actions and shall follow such procedures as provided for:
(1) in the Probate, Estate and Fiduciaries Code, (2) in the Orphans Court Rules adopted by the Supreme
Court of Pennsylvania, and (3) in the Local Rules of this Court. However, the Auditor shall file his report
within one hundred eighty (180) days after appointment (rather than withia ninety (90) days) unless, upon
application, the time is extended by the Court.
The Auditor shall be entitled to reasonable compensation for his time and expenses.
Compensation for the Auditor shall be set at the rate of $1 50.00 per hour. Invoices shall be rendered
monthly and paid, initially, by the Estate of Herbert L. Hull. Responsibility for payment of the Auditor's
compensation shall be subject to possible subsequent modi :fication by the Court.
The Auditor is direct to consult with counsel as soon as practicable and thereafter establish a case
management schedule setting forth discovery deadlines, hearing dates, and other case management
directives as he deems appropriate. The case management schedule may be changed by the Auditor on his
own, or, in his discretion, upon application by any party.
Any confidential or proprietary information disclosed in any proceeding pursuant hereto regarding
any closely held business shall be held in strict confidence and shall not be disclosed to a third party, and
no party to the proceeding shall make any business use of any such information.
/s/By the Court:
George E. Hoffer, P.S.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
William Duncan, Esq. being duly sworn according to law, deposes and says that he will perform
the duties of auditor in the above estate with fidelity:
Auditor
Sworn and Subscribed to before me this ~ "7
dayof :~l ,..' i4~ ,200~3 A.D.
Clerk ofO~ns' Cou~ Cumberland Co. Pe~sylvania