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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 : N0.21-1994-0754 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. ~ r.' c o .a -, a ~ ~ ~ ? J ~ -^C fir.') ~' _ : =, ~ - - '~ "'-1 f V ~ t'T 9 :.~_ f'~ 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 l,aw S3 West Pomfret Street Carlisle, Pennsylvania 17013 responsive Pre-Hearing Memorandum and the Objectors fifteen days thereafter to file their responsive Pre-Hearing Memorandum. -2- 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 -3- 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. -4- 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, Wayne .Shade, Esquire WAYNE F. SHADE Attorney at Lew 53 West Pomfret Street Carlisle, Pennsylvania 17013 -5- 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 6, 2009 G-C/ Wayne .Shade, Esquire WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013