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INRE:
ESTATE OF LOYT. HEMPT,
Deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
ORPHANS' COURT DIVISION
NO. 21-77-231
DECREE
The background of this Decree is as follows:
(1) A Petition for Adjudication and a First and Final Account for the Estate of
Loy T. Hempt, Deceased and the Residuary Trust Under Will of Loy T. Hempt (the
"Account") was filed with this Court on or about July 23, 2002; and
(2) Objections to the Account were timely filed on behalf of Robert Hempt
Kalbach, Robert H. Kalbach, Jr. and Richard C. Kalbach (the "Kalbach Family"); and
(3) Objections to the Account were timely filed on behalf of W. Robert Mark,
Forrest H. Mark and Steven E. Mark (the "Mark Family"); and
(4) Counsel for the Estate of Loy T. Hempt, the Kalbach Family and the Mark
Family have stipulated and agreed that appointment of an auditor and master is
necessary and proper; and
"
(5) Counsel have previously identified to the Court those persons whom they
believe cannot serve as an auditor/master because of actual or potential conflicts of
interest; and
(6) Counsel have consulted with each other and have agreed upon the form
and substance of this Decree (other than the identity of the auditor/master, who is
appointed solely by the Court, and the hourly compensation rate for the auditor/master,
which is set solely by the Court).
&
NOW, THEREFORE, this ~ t day of
hereby ORDERED and DECREED that
is appointed
as auditor and master (collectively "Auditor") in the above-captioned proceeding.
The Auditor is specifically directed pursuant to 20 Pa. C.S.A. ~751(1), to
investigate all issues of fact raised in and related to: (1) the Kalbach Family Objections,
(2) the Mark Family Objections, and (3) the Petition for Adjudication, and to report
findings of fact, conclusions of law and recommendations to the Court with respect to
the two sets of Objections and the Petition for Adjudication.
The Auditor is further directed, pursuant to 20 Pa. C.S.A. ~751(2), to examine
and audit the First and Final Account for the Estate of Loy T. Hempt and Residuary
Trust Under Will of loy T. Hempt and to make recommendations to the Court with
respect thereto.
The Auditor is empowered to take such actions and shall follow such procedures
as provided for: (1) in the Probate, Estate and Fiduciaries COde,(2) in the Orphans
Court Rules adopted by the Supreme Court of Pennsylvania, and (3) in the local Rules
of this Court. However, the Auditor shall file his report within one hundred eighty (180)
days after appointment (rather than within ninety (90) days) unless, upon application,
the time is extended by the Court.
The Auditor shall be entitled to reasonable compensation for his time~
expenses. Compensation for the Auditor shall be set at the rate of ~ per hour.
Invoices shall be rendered monthly and paid, initially, by the Residuary Trust Under Will
of loy T. Hempt. Responsibility for payment of the Auditor's compensation shall be
subject to possible subsequent modification by the Court.
Attached hereto is a list of Interested Persons identified by counsel. The Auditor
is directed to review promptly this list and advise the Court and counsel of any known
actual or potential conflict of interest and of any relationship or circumstances that
would give rise to any appearance of impropriety.
The Auditor is further directed to consult with counsel as soon as practicable and
thereafter establish a case management schedule setting forth discovery deadlines,
hearing dates, and other case management directives as he deems appropriate. The
case management schedule may be changed by the Auditor on his own, or, in his
discretion, upon application by any party.
Any confidential or proprietary information disclosed in any proceeding pursuant
hereto regarding any closely held business shall be held in strict confidence and shall
not be disclosed to a third party, and no party to the proceeding shall make any
business use of any such information.
BY THE COURT:
. .
INRE:
ESTATE OF lOY T. HEMPT,
Deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
ORPHANS' COURT DIVISION
NO. 21-77-231
INTERESTED PARTIES
Direct Interest
Attornevs/Firms Who Are
Reoresenting or Have
Reoresented Interested Parties
George F. Hempt
Gerald L. Hempt
Marion H. Semoff
Jean Doris Hempt, Incapacitated Person
Martha D. Bair
W. Robert Mark
Forrest H. Mark
Steven E. Mark
Robert Hempt Kalbach, Sr.
Robert H. Kalbach, Jr.
Richard C. Kalbach
Mette, Evans & Woodside
McNees, Wallace & Nurick
Martson, Deardorff, Williams
& Otto
Zullinger & Davis
Johnson, Duffie, Stewart &
Weidner
Marshall, Smith & Haddick
Michael Bangs
William Kollas
Tara Kollas
Ed Myers
Richard Snelbaker
Others for Conflict Review
Estate of Jean Doris Hempt, Incapacitated Person
Hempt Brothers, Inc.
Valley land Company, Inc.
C. A. Hempt Estate, Inc.
Pavex, Inc.
Liberty Excavators, Inc.
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