HomeMy WebLinkAbout10-10-06
IN RE:
THE EST ATE OF CARRIE A. SHIVELY
Deceased
Late of Newville Borough
: IN THE COURT OF COMMON PLEAS
: ORPHANS' COURT DIVISION
: NO. 2005-00519
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AND NOW comes, Mark A. Mateya, Esquire, Court Appointed Auditor in the abdve-refere~d
AUDITOR'S PETITION FOR
ENLARGEMENT OF TIME TO FILE
AUDITOR'S REPORT
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matter, and avers the following:
1. An Order of Court was issued in this matter on August 28, 2006, appointing Mark A. Mateya,
Esquire, Auditor. A copy of the Order of Court dated August 28, 2006, is attached hereto as Exhibit "A" and
is incorporated herein by reference.
2. A telephone conference was scheduled between the Auditor, John McCrea, Executor and Thomas
F. Flower, Esquire, on September 7,2006, to discuss the status of the case.
3. During the aforementioned conference on September 7, 2006, it was learned that the Executor had
not filed a responsive pleading to Objections to the Account filed on August 1, 2006, because the Objections
had not been served on the Executor of the Estate.
4. By agreement of the parties, Attorney Flower agreed to send a copy of the Objections to the
Account to the Executor and within twenty (20) days thereafter the Executor would file a responsive pleading
to the Objections.
5. On or about September 28,2006, the Executor filed a Response to Objection to the Proposed First
and Final Accounting.
6. The Auditor must statutorily advertise that a hearing is being held on the Objections to the
Proposed First and Final Accounting.
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7. In order to comply with the advertising requirements for the hearing on the Objections to the First
and Final Accounting, the Auditor is presently scheduling a hearing between the parties to make a
recommendation on the Objections to the First and Final Accounting in December of 2006.
8. Due to the agreement between the parties to allow the Executor sufficient time to respond to the
Objections, this matter is outside of the ninety (90) day requirement for the Auditor to file his
recommendation with the Court which would be on or about November 28, 2006.
WHEREFORE, it is respectfully requested that this Honorable Court issue an Order granting the
Auditor an additional sixty (60) days to file his findings and recommendation with this Court.
Respectfully submitted,
Date:
10 lie /0/
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Attorney ID No. 78931
P.O. Box 127
Boiling Springs, P A 17007
(717) 241-6500
(717) 241-3099 Fax
CERTIFICATE OF SERVICE
I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing
document on the following person(s) by depositing a true and correct copy of the same in the
United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County,
Pennsylvania addressed to:
Thomas E. Flower Esquire
2109 Market Street
Camp Hill PA 17011
John McCrea Executor
221 Doubling Gap Road
PO Box 341
Newville PA 17241
Dated:
La /0 /61
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PO Box 127
Boiling Springs, P A 17007
(717) 241-6500
(717) 241-3099 Fax