HomeMy WebLinkAbout10-09-12
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IN RE: ESTATE OF :THE COURT OF COMMON PLEAS OF
ROBERTA L KONSKO, :CUMBERLAND COUNTY, PENNSYLVANIA
Deceased :ORPHANS' COURT DIVISION
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DIRECTIVE o~-- .. l0 `- ,~-~ T
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AND NOW, this 4th day of October, 2012, the Auditor directs, as i$lrnws: ° `~
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1. By October 24, 2012, the objector, as the moving party, shall file with the c
Register of Wills and serve, upon the Auditor and upon counsel for the executor, a pre-
hearing memorandum. In his memorandum, the objector to the estate account shall set
forth the following:
(a) Statutory, case, or other legal authorities for which party has the burden
of proving each of the issues that are the subject of the objections;
(b) Statutory, case, or other legal authorities for the measure of proof
involving each of the issues that are the subject of the objections;
(c) The specific evidence that the objector will introduce to prove his
asserted reasonable value of the counsel fees of counsel for the executor of the
estate;
(d) The specific evidence that the objector will introduce to prove his
asserted reasonable value of the fees of the executor of the estate;
(e) The specific evidence that the objector will introduce to prove that the
executor is not entitled to have $1,138.45 paid from estate assets on account of the
income tax liabilities of the executor; and
(fj The specific evidence that the objector will introduce to prove that the
filing of a supplemental Pennsylvania inheritance tax return was necessitated by
negligence and lack of due diligence on the part of the executor.
2. By November 13, 2012, counsel for the executor shall file with the Register of
Wills and serve, upon the Auditor and upon the objector, apre-hearing memorandum. In
his memorandum, counsel shall set forth the following:
(a) Detailed responses to the contentions of the objector with respect to the
points in his pre-hearing memorandum with statutory, case, or other legal
authorities;
(b) Names and addresses of proposed fact witnesses;
(c) Names, addresses, and qualifications of any proposed expert witnesses;
(d) The substance of the testimony of each witness;
(e) Copies of proposed exhibits;
(fj Estimated time necessary for the hearing;
(g) Proposed disposition; and
(h) Email address of all heirs other than the objector and the executor.
3. By December 3, 2012, the objector shall file with the Register of Wills and
serve, upon the Auditor and upon counsel for the executor, a supplemental memorandum
with respect to the following:
(a) Names and addresses of proposed fact witnesses;
(b) Names, addresses, and qualifications of any proposed expert witnesses;
(c) The substance of the testimony of each witness;
(d) Copies of proposed exhibits;
(e) Estimated time necessary for the hearing; and
(f) Proposed disposition.
4. Upon receipt of satisfactory pre-hearing memoranda, the Auditor will schedule
a pre-hearing conference and hearing.
5. In the absence of written objection of either party in his pre-hearing
memorandum, any documents, including all notices and reports, may be served herein by
email.
Wayn F. Shade, Esquire
Auditor
Martin F. Butler, pro se
Michael L. Bangs, Esquire
Attorney for the Executor