HomeMy WebLinkAbout05-06-09 (2)
IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS OF
LOTTIE IVY DIXON, :CUMBERLAND COUNTY, PENNSYLVANIA
Deceased :ORPHANS' COURT DIVISION
N0.21-07-0686
IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS OF
GEORGE F. DIXON, JR., :CUMBERLAND COUNTY, PENNSYLVANIA
Deceased :ORPHANS' COURT DIVISION
QTIP -Trust : N0.2 I -1994-0754
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 Estate of Lottie Ivy
Dixon (hereinafter the "estate").
2.
Petitioner promptly, on September 10, 2008, requested Pre-Hearing Memoranda
from the parties of record in the estate and dates for aPre-Hearing Conference.
3.
The estate is a substantial estate with probate assets of a value in excess of
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
$1,000,000.
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4.
Objectors allege that the Executor of the estate undervalued various assets and
engaged in a pattern of conduct in the administration of the estate to benefit himself to the
exclusion of his siblings.
5.
Objectors indicated that they required additional information to enable them to file
the requested Pre-Hearing Memorandum.
6.
Objectors also indicated that, although the Executor had been cooperative in
issuing authorizations for Objectors to obtain information directly from various financial
institutions, Objectors were having difficulty in obtaining some of the information due to
bank mergers and acquisitions.
7.
Objectors further indicated 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 proposed to give the Executor thirty days to file a
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
responsive Pre-Hearing Memorandum and the Objectors fifteen days thereafter to file
their responsive Pre-Hearing Memorandum.
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1
9.
On December 1, 2008, the appointment of Petitioner as the Auditor in the estate
was extended through June 1, 2009.
10.
On March 3, 2009, Petitioner was appointed Auditor of the related George F.
Dixon, Jr. QTIP Trust (hereinafter the "trust")
11.
Again, Petitioner promptly, on March 10, 2009, requested Pre-Hearing
Memoranda from the parties of record in the trust and dates for aPre-Hearing
Conference.
12.
The trust is a substantial trust with assets for distribution in excess of $5,000,000.
13.
By Order of February 20, 2009, counsel for the Objectors in the Estate of Lottie
Ivy Dixon, indicated that they needed to review the trust accounting before completing
their discovery in the estate.
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
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14.
Counsel for the Objectors in the Estate of Lottie Ivy Dixon further indicated in
their letter of February 20, 2009, that they had expected the account for the trust to have
been completed by the end of November of 2008.
15.
The account of the trust was filed on January 30, 2009.
16.
As a result of the foregoing, the discovery in the estate has not been completed,
and no Pre-Hearing Memoranda have been filed.
17.
On or about April 13, 2009, counsel for the Executor of the estate filed a Motion
captioned to both the estate and the trust requesting an order setting a schedule for
discovery and hearings and further requesting consolidation of the proceedings upon the
estate and the trust.
18.
On April 16, 2009, a Rule was issued upon all interested parties to show cause why
the relief requested should not be granted.
19.
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
The Rule is returnable on May 6, 2009.
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20.
The request for relief in the Motion for order setting schedule for discovery and
hearing and for consolidation requests a directive that the hearings be completed no later
than October 15, 2009.
21.
It is expected that the hearings will be extensive and that the Auditor will need
transcripts and requested findings of fact and conclusions of law in order to properly
resolve the issues presented.
22.
With the intervening holidays at the end of the year, Petitioner would request
confirmation and extension of his appointment in both the estate and the trust until
February 1, 2010.
Date: May 6, 2009
Respectfully submitted,
G~(/
Wayne .Shade, Esquire
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
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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: May b, 2009 ~,C/
Wayne .Shade, Esquire
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013