HomeMy WebLinkAbout08-25-08IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF
ROBERT M. MUMMA CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
NO. 21-86-398
ORDER OF COURT
AND NOW, this 25th day of August, 2008, upon consideration of the
attached letter from Robert M. Mumma, II, the request for an extension of time for
submitting briefs is denied.
BY THE COURT,
J jWesley Ol , Jr.,
Robert M. Mumma, II
840 Market Street
Suite 164
Lemoyne, PA 17043
pro Se
George B. Faller, Esq.
10 East High Street - ~ ,
Carlisle, PA 17013 ~ -`'"? ``' - -
Brady L. Green, Esq. - '~~'
~. ;
Morgan, Lewis & Bockius, LLP : - ~ r -
1701 Market Street - ' ' - -
Philadelphia, PA 19103-2921 _ ___, t., _
_ ..~
Linda Mumma Roth
P.O. Box 480
Mechanicsburg, PA 17055
pro Se
Ralph A. Jacobs, Esquire
1515 Market Street
Suite 705
Philadelphia, PA 19102
Attorney for Barbara Mann Mumma
ROBERT M. MOMMA, II
840 Market Street
Suite 164
Lemoyne, PA 17043
(717) 612-9720
August 22, 2008
I~onorable J. Wesley Oler, Jr.
Cumberland County Court House
One Courthouse Square
High & Hanover Streets
Carlisle, PA 17013
RE: ESTATE OF ROBERT M. MOMMA
NO. 21-86-398
Dear Judge Oler:
At the conclusion of the Orphans' Court proceedings on Monday, August 18,
2008, Your Honor indicated that briefs with respect to the pending recusal motion could
be submitted within 14 days. Given the pivotal developments at said hearings along
with the nature of the potentially dispositive matters now of record in this case, it is
crucial that the litigants have the hearing transcript available in order to brief fully and
accurately this complex Estate matter.
The stenographer indicates that she does not anticipate making the transcript
available within said 14 day period. Accordingly, we would request that Your Honor
extend the briefing deadline so that the litigants have an opportunity to utilize the
transcript in preparing their briefs.
It is respectfully requested that Your Honor permit the filing of the undersigned's
brief within 7 days of receipt of the hearing transcript. Thereafter, any other litigant
could have an additional 7 days within which to submit their briefs.
AUG 2 2 1008
~~
This proposed revision to Your Honor's briefing deadline was forwarded to the
other litigants. Ralph Jacobs, Esquire has agreed to this revised briefing deadline.
C;ounsel for the Estate did not indicate either their concurrence or their dissent to this
proposal. Likewise, Linda Mumma did not reply; however, it is believed that she has
n~o opposition to such an extension.
Please advise at your earliest convenience. Thank you kindly for Your Honor's
attention to this matter.
Very truly yours,
~~~~
Robert M. Mumma, II
pro se
R:MM:mhu
C;C: George B. Faller, ]r., Esquire
Brady Green, Esquire
Ralph Jacobs, Esquire
Linda Mumma
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: ESTATE OF ROBERT M MUMMA CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-86-0398
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 08/25/08
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 08/25/08
IN RE: ORDER OF COURT
SERVICE TO: ROBERT M MUMMA II GEORGE B FALLER ESQ
BRADY L GREEN ESQ LINDA MUMMA ROTH
RALPH A JACOBS ESQ
METHOD OF MAILING: ENVELOPES PROVIDED BY:
~ USPS
[] RRR
HAND DELIVERED
OTHER
MAILED: 08/25/08
SERVICE TO:
^ PETITIONER
® JUDGE
^ CLERK OF ORPHANS COURT
ivIETHOD OF MAILING:
USPS
RRR
HAND DELIVERED
OTHER
MAILED:
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
Deputy 1
Clerk of Orphans' Court
FROM :MCDERMITT CONCRETE FRX N0. :7176121690 Rug. 25 2008 03:30PM P2
ROBERT IWt, MUMMA~ II
Box 58
l3awmansdale, PA 17008
(717) fi12-9720
August z~s, 2oos RUG 2 5 2008
BY FAX @ 717-X40-6440
Honorable J. Wesley Oler, Jr.
Cumberland County Court House
One Courthouse Square
High & Hanover Streets
Carlisle, FA 17013
RE: Estate of Robert M. Mumma
No. 22-$G~398
Orphans' Court -Cumberland County
iaear Judge Oler:
At the conclusion of last Monday`s hearing regarding the motion to vacate the
appointment of Taylor Andrews, Esquire as the Auditor in the Estate I'rtigation, Your
Honor indicated that the parties could have seven (7) days to submit a name or names
to the Orphans` Court for consideration as the replacement Auditor. Otherwise, Your
Honor indicated that you would nominate another attorney to replace Mr. Andrews,
Said seven (7) day period expires today.
From very recent communications received from Ralph Jacobs, Esquire, it is my
understanding that he has been in contact with Estate counsel concerning a list of
names of potential auditors whom the beneficiaries would agree to submit to Your
Honor for consideration, However, as of mid,ai~ernoon today, l have not been able to
reach Mr. Jacobs in order to obtain an update as to these communications with, Estate
counsel. From my earlier discussions with Mr. Jacobs, I believe that a name or list of
names will be provided ~a the Court in the next few days.
FROM :MCDERMITT CONCRETE FAX N0. :7176121690 Aug. 25 2008 03:31PM P3
Therefore, given this progress as to a possible agreement between the Estate
counsel and the beneficiaries, I am requesting that Your Wonor refrain from appointing a
replacement auditor at feast for the next few days. Indeed, it is possible that this letter
may reach your desk today after one or more of the other parties may have already
advised Your Wonor as to these recent developments and our need for a few more days.
Tn the event that I da not hear from Mr. ]acobs in the next few days, I will
submit my own Ilst of names to Your Wonor for consideration by the end of this week.
However, I believe that an agreed-upon list should be forthcoming in the next few days.
Thank you for your attention to this matter.
Yours truly,
.~
obert M. Mumma, II
PRO SE
RMM-mhu
CC: Brady Green, Esquire
George B. Faller, Jr., Esquire
Ralph ]acobs, Esquire
Linda Mumma
. .~IARTSON DEARL}ORFF W ILLIAMS OTTO ~-ILROY & FALLER
MARTSON
LAW OFFICES
10 EAST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
'I~LEPxoNE (717) 243-3341
FACSIMILE (717) 243-1850
INTERNET wwwmartsonlawcom
The Honorable J. Wesley Oler, Jr.
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
WILLIAM F. MARTSON
JoxN B. FOWf.AR III
DANIEL K. DEARDORFF
THOMAS J. WIIa.IAMS*
No V. CrTro III
HLBERT X. GIIILOY
GEORGE B. FALLER JR.*
DAVID A. FrIZSIMONs
CHRISTOPHER E. RICE
JENNIFER L. SPEARS
SETH T. MOSEBEY
TRUDY E. FEHLINGER
KATIE J. MAXWELL
'BowRD CeaziPien CIVIL TxuL SeecuLisr
August 26, 2008
RE: In re: Estate of Robert M. Mumma, Deceased
No. 21-86-398 Orphan's Court.- Cumberland County C.C.P.
Our File No. 5844.1
Dear Judge Oler:
The parties in this matter are currently exchanging names and discussing potential candidates
to act as auditor. We write, to request that Your Honor grant the parties an additional two weeks to
have further discussions regarding the identification of a mutually agreeable candidate. Once the
parties have an agreed upon candidate or list of candidates, we would then submit them to the court
for approval and/or selection.
Very truly yours,
GBF/jls
cc: Mr. Robert M. Mumma, II
Ralph A. Jacobs, Esquire
Ms. Linda M. Mumma
Brady L. Green, Esquire
Ms. Lisa M. Morgan
MA SON LA ICES
eorge Faller, Jr.
Al,~~ 2 6 ?40
INFORMATI ON • ADVICE • ADVOCACY SM