HomeMy WebLinkAbout03-23-09i
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
IN RE: ~
o -_
TRUST UNDER WILL OF `°
~
JAMES H. HERENDEEN ~
NO. 1995-0777 '~ ~ .a
~
~
~ ~
_
~ N
APPLICATION FOR AN EXTENTION OF TIME TO FILE AUDITOR'S REPORT'
AND NOW this ~~ day of Mazch, 2009, comes Joseph D. Buckley, Esquire, the Auditor
appointed in the above captioned matter, pursuant to Rule 8.2 of the Rules of the Orphan's Court
and applies for an extension to file his report based on the following:
On December 11, 2007, following the filing of objections to the Account of the Trustee,
M&T Bank, of the Trust under the Will of James H. Herendeen, the Honorable Kevin A.
Hess appointed the undersigned as the Auditor.
2. On February 28, 2008, the Honorable Kevin A. Hess following the request of the objectors
to conduct additional discovery, issued an order expanding the undersigns appointment to
include additional objections and deferring hearings in this matter for a period of 90 days to
give the parties an opportunity to complete discovery.
3. The undersigned attempted to schedule and did schedule a hearing in this matter; however,
the death of the life tenant and scheduling conflicts with the objectors or their counsel, and
the departure of one of the objector's attorney, delayed all attempts for a hearing.
4. On March 3, 2009, a hearing was again scheduled for May 6 and May 7, 2009 and Notices
sent to all concerned.
5. Rule 8.2 of the Orphan's Court states in part "An auditor shall file his report within 90 days
afrer his appointment, unless, upon application, the court extends the time; ... .'
N~
.-t
6. Although the undersigned did attempt to schedule and hold hearings within the time set by
the Court, he was unsuccessful due to circumstances beyond his control.
7. The undersigned requests the Court extend the time for the filing of a report to sixty (60)
days following the close of the Auditor's Heazing.
Respectfully submitted,