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HomeMy WebLinkAbout02-10-04IN RE: THE ESTATE of HERBERT L. HULL Deceased : IN TIlE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :ORPHAN'S COURT DIVISION : NO: 21-02-00515 PETITION FOR CONTINUANCE OF AUDITOR 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: On or about October 23, 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 14, 2003. A copy of the Appointment of Auditor and Order of Court is attached hereto as Exhibit "A". According to the Order of Court, the auditor was to file a report within one hundred eighty (180) days from the date of the auditor's appointment. Due to anticipated extensive discovery requested by the parties the auditor is unable to file a report within the one hundred eighty (180) day time frame set forth in Orphan's Court Rule 8.2. Orphan's Court Rule 8.2 allows this Honorable Court to extend the time to file said report upon application of the auditor. WHEREFORE, Petitioner, William A. Duncan, Esquire, respectfully requests that the time for filing a report in this matter be extended until August 15, 2004. Date: Respectfully submitted, DUNCAN & HARTMAN, P.C. By: William A. Duncan, Esquire 1 Irvine Row Carlisle, PA 17013 AT AN ORPHAN'S COURT, Began on Thursday the 23ra day of October, A.D. 2003, and holden at Carlisle, in and for Cumberland County, before the Honorable George E. Hoffer, President and Sole Judge the following proceedings were held to wit: THE PETITION 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 23ra 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 within 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 $150.00 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 modification by the Court. INRE: THE ESTATE of HERBERT L. HULL Deceased : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :ORPHAN'S COURT DIVISION : NO: 21-02-00515 ORDER AND NOW, this ]~)T{~day of ~-~/L'~, ,2004, upon consideration of the attached Petition for Continuance of Auditor, it is hereby ORDERED that the time for William A. Duncan, Esquire, Auditor in the above-captioned action, to file a report for said action is continued until August 15, 2004. BY THE COURT, GEORGE HOFFER, P.~/. Exhibit "A"