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Home My WebLink About02-10-04 IN RE: ESTATE OF WY T. BEMPT, D~eased : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :ORPBAN'S COURT DIVISION : NO: 21-77-231 ~ AND NOW, this I D day of Ff28. ORDER ,2004, upon consideration of the attached Petition for Continuance of Auditor, it is hereby ORDERED that the time for William A. Duncan, Esquire, Auditor in the above-captioned action, to file a report for said action is continued until July 30~ 2004. BY THE COURT, b1~a~;J GEO;GE HO AJ.I. -..-\ ,.--, IN RE: ESTATE OF LOY T. HEMPT, Deceased : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :ORPHAN'S COURT DIVISION : NO: 21-77-231 PETITION l!OR CONTINUANCE OF AUDITOR AND NOW, comes the Petitioner, William A. Duncan, Esquire, Audi~Or in the above-captioned matter, and files tbis petition for continuance of appointment of auditOr, making the following statement: 1. On or about January 31,2003, the Petitioner, William A. Duncan, Esquire, was appointed Auditor in the above-captioned action pursuant to Orphan's Court Rule 8.1 et seq. and the Auditor accepted the appointment and received the file on or about January 31, 2003. A copy of the Appointment of Auditor and Order of Court is attached hereto as Exhibit "A". 2. On or about April 21, 2003, the Petitioner, William A. Duncan, Esquire, was granted a Continuance of the Audit until April 30, 2004. A copy of the Continuance attached hereto as Exhibit "B". 3. Due to extensive discovery requested by the parties and scheduling conflicts the auditor is unable to file a report on or before April 30, 2004. 4. Orphan's Court Rule 8.2 allows this Honorable Court to extend the time to file said report upon application of the auditor. WHEREFORE, Petitioner, William A Duncan, Esquire, respectfully requests that the time for filing a re.port in this matter be extended until July 31, 2004. Respectfully submitted, DUNCAN & HARTMAN, P.C. By: ~ William A Duncan, Esquire 1 Irvine Row Carlisle, P A 17013 Date: 1/\ I '0\{ AT AN ORPHANS' COURT, Began on Friday the 31st day of January A.D. 2003, and holden at Carlisle, in and for Cumberland County, before the Honorable George E. Hoffer, President and Sole Judge the following proceedings were held to wit: THE PETITION IN RE: ESTATE OF LaY T. HEMPT, DECREE The background of this Decree is as follows: (1) A Petition for Adjudication and a First and Final Account for the Estate ofLoy 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 ofW. Robert Mark, Forrest H. Mark and Steven E. Mark (the"MarkFamily"); and (4) Counsel for the Estate ofLoy 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 person 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 31st day of January, 2003, it is hereby ORDERED and DECREED that William A. Duncan, 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 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 ofLoy T. Hempt and Residuary Trust Under Will ofLoy T. Hempt and to make recommendations to the Court with respect thereto. EXHIBIT I A:: r The Auditoris empowered to take such actions and shall followsuch procedures as provided for: (1) in the Probate, Estate and Fiduciaries Code, (2) in th.e 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 and expenses. Compensation for the Auditor shall be set at the rate of $150.00 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, George E. Hoffer, P .J. Commonwealth of Pennsylvania County of Cumberland William A. Duncan, Esq. being duly sworn according to law, deposes and says that he will perfonn the duties of auditor in the above estate with fidelity: <. .\. \' \('~./\. ..~\ :Z1.. r \ , . .' ..... : I J I l\.} \,'. (~.t," . ",-i ./ j' ". ,).., \../ ./\./'I.,~ ,"_.-' -'\.../\./\.. Auditor Sworn and Subscribed to before me this day of ,2003 A.D. Clerk of Orphans' Court Cumberland County, Pennsylvania '.", '.,"',." " '1 IN RE: ESTATE OF LOY T. HEMPT, Deceased : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :ORPHAN'S COURT DIVISION : NO: 21-77-231 ORDER AND ~OW, this l.r:)~ay ofAPt~~IW03, upon consideration of the attached Petition for Continuance of Auditor, it is hereby ORDERED that the time for William A. Duncan, Esquire, Auditor in the above-captioned action, to file a report for said action is continued until April 30, 2004. BY THE COURT, ~.J.0A~( f~;,W G 0 GEHO R,P.J. IZ IN RE: ESTATE OF LOY T. HEMPT, Deceased : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHAN'S COURT DIVISION : NO: 21-77-231 PETITION FOR CONTINUANCE OF AUDITOR AND NOW, comes the Petitioner, William A. Duncan, Esquire, Auditor in the above-captioned matter, and files this petition for continuance of appointment of auditor, making the following statement: 1. On or about January 31,2003, the Petitioner, William A. Duncan, Esquire, was appointed Auditor in the above-captioned action pursuant to Orphan's Court Rule 8.1 et seq. and the Auditor accepted the appointment and received the file on or about January 31, 2003. A copy of the Appointment of Auditor and Order of Court is attached hereto as Exhibit It A it. 2. According to the Order related to Filing of Report, the auditor shall file' a report within (180) days from the date ofthe auditor's appointment. 3. Due to anticipated extensive discovery requested by the parties and the anticipated expected testimony and reports, the auditor will be unable to file a report within the one hundred eighty (180) day time frame set forth in the Order of January 31, 2003. 4. All Counsel and the Auditor have agreed as to a schedule for proceeding in this matter and all Counsel have consented to the proposed extension of time for filing a Report. 5. Orphan's Court Rule 8.2 allows this Honorable Court to extend the time to file said report upon application of the Auditor WHEREFORE, Petitioner, William A. Duncan, Esquire, respectfully requests that the time for filing a report in this matter be extended until April 30,2004. Respectfully submitted, DUNCAN & HARTMAN, P.C. By: , \. Ar\~ \ \ \ \ ,. ~., \ j\,. V tA./l-C._(~,~ William A. DUncan, Esquire 1 Irvine Row Carlisle, P A 17013 DateOv~ThJ ~l\ 1 O~