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Home My WebLink About11-26-08 (2)n - ~'~ `r_i IN RE: ESTATE OF IN THE COURT OF COMMON PLEF v r ROBERT M. MUMMA, CUMBERLAND COUNTY, PENNSYL~ANI~ _' - Deceased - _, ~^> ~ -- -:, ORPHAN'S COURT DIVISION - -~ . rv - N0.21-86-398 ~ co ' MOTION REGARDING ORAL ARGUMENT SESSION OF DECEMBER 17, 2008 SPECIFICALLY -MOTION TO CANCEL ORAL ARGUMENT SESSION, OR IN THE ALTERNATIVE, MOTION TO RESTRICT SCCIPE OF MATTERS TO BE PRESENTED FOR ADJUDICATION AT ORAL ARGUMENT, OR IN THEALTERNATIVE, MOTION TO CONTINUE ORAL ARGUMENT SESSION PENDING RESOLUTION OF MOTION FOR ENTRY OF RULE 206.7(a) ORDER. AND NOW, comes Robert M. Mumma, II, pro se, who files the instant Motion Regarding Oral Argument Session of December 17, 2008, and in support thereof avers as follows: 1. On August 22, 2008, the undersigned Movant filed a Motion for Disqualification of Morgan, Lewis & Bockius (`'`MLB" hereinafter) and The Martson. Law Office ("Martson" hereinafter) from Continuing Legal Representation of the Estate and the Trusts. 2. On August 28, 2008, the Orphan's Court issued the following Order: AND NOW, this 28th day of August, 2008, upon consideration of the Motion to Disqualify Morgan, Lewis 8~ Bockius and the Martson Law Office from Continuing Legal Representation of the Estate and the Trusts, it is ordered that: 1. A Rule is issued upon all interested parties and the said law firms to show cause why Movant is not entitled to the relief requested; 2. Answers to the motion shall be filed within 21 days of the date of this order; 3. The petition shall be decided under Pa. R.C.P. 206.7; 4. Depositions shall be completed within 49 days of the date of this order; 5. Argument shall be held on Wednesday, December 17, 2008, at 11:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. 6. Briefs shall be submitted at least seven days prior to argument. 7. Pending argument and further order of court, neither law firm is prohibited from continuing its representation of record herein. BY THE COURT, J. Wesley Oler, Jr., J. 3. In accordance with said Order of August 28, 2008, Barbara McK. Mumma and Lisa M. Morgan filed an Answer and New Matter on September 18, 2008„ 4. Despite the instructions in Judge Oler's Order of August 28, 2008,, neither of the said law firms, i.e., neither MLB nor Martson, on their own accord or via other counsel retained by either of the said law firms, returned a rule to show cause why the relief requested should not be granted, nor was an answer filed on behalf of either of the said law firms. 5. Despite the instructions in Paragraph #1 of Judge Oler's Order of August 28, 2008, neither of "the said law firms" responded to the rule returnable to show cause why Movant is not entitled to the relief requested. 6. Despite the instructions in Paragraph #2 of Judge Oler's Order of August 28, 2008, neither of "the said law firms" filed an answer to the motion either within 21 days of the order or at any other time thereafter. 7. On November 21, 2008, the undersigned filed a motion entitled "Motion for Entry of a Rule 206.7(a) Order". Said motion expressly relied upon Paragraph #3 of Judge Oler's Order of August 28, 2008 which provided that the motion to disqualify Estate counsel was to be decided under Pa. R.C.P. 206.7. 8. Said Motion for Entry of a Rule 206.7(a) Order requests the Court to enter an appropriate Order under Pa. R.C.P. 206.7(a) given that all averments of fact in the motion to disqualify Estate counsel shald be deemed admitted because the s~~id law firms failed to comply with the August 28, 2008 Order by not showing cause why the relief requested should not be granted and by not filing an Answer on behalf of the said law firms. 9. Paragraph #7 of Judge Oler's Order of August 28, 2008 provides: "Pending argument and further order of court, neither law firm is prohibited from continuing its representation of record herein." Failure of thie said law firms to comply with said Order now calls into question whether the said law firms can continue its representation inasmuch as all averments of fact in the motion to disqualify Estate counsel shall be deemed admitted pursuant to Rule 206.7(a). 10. Paragraph #5 of Judge Oler's Order of August 28, 2008 provides: "Argument shall be held on Wednesday, December 17, 2008, at 11:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania." Failure of the said ]aw firms to comply with said Order now calls into question whether or not said oral argument session can proceed, and/or whether the said law firms can participate in said oral argument session inasmuch as all averments of fact in the motion to disqualify Estate counsel shall be deemed admitted pursuant to Rule 206.7(a). 11. The primary relief requested by the instant Motion Regarding Oral Argument Session of December 17, 2008 seeks the cancellation of said oral argument session given the recent Motion for Entry of a Rule 206.7(a) Order wherein such an appropriate order shall provide that all averments of fact in the motion to disqualify Estate counsel shall be deemed admitted. 12. In the alternative, the instant Motion Regarding Oral Argument Session of December 17, 2008 requests the Court to identify those matters which can be argued or cannot be argued in light of the said law firms failure to comply with Judge Oler's Order of August 28, 2008, or otherwise to restrict the scope of those matters which can be presented for adjudication via the court order and opinion which customarily follows oral argument. 13. In the alternative, the instant Motion Regarding Oral Argument Session of December 17, 2008 requests the Court to continue generally oral argument pending resolution of the Motion for Entry of a Rule 206.7(a) Order. Any order granting this relief should likewise continue generally the briefing deadline set forth in Paragraph #6 of Judge Oler's Order of August 28, 2008. 14. The undersigned has not obtained the concurrence of counsel to the other interested parties (or in this instance, from either of the said law firms) inasmuch as the prior actions, statements and representations of said counsel (or in this instance, of either of the said law firms) have indicated that the undersigned would not receive cooperation from them with respect to the relief sought via the instant motion. 15. The Honorable J. Wesley Oler, Jr., has previously ruled on prior motions filed in this case. WHEREFORE, based upon the reasons set forth hereinabove, the undersigned respectfully requests that this Honorable Court cancel the oral argument session scheduled for December 17, 2008 in light of the appropriate Order to be entered under Rule 206.7(a) as sought by the undersigned's recent Motion for Entry of a Rule 206.7(a) Order filed on 1~lovember 21, 2008. In the alternative, the undersigned respectfully requests that this Honorable Court identify those matters which can be argued or cannot be argued in light of the said law firms failure to comply with Judge Oler's Order of August 28, 2008, or otherwise to restrict the scope of those matters which can be presented for adjudication via oral argument in light of the said law firms failure to comply with Judge Oler's Order of August 28, 2008. In the alternative, the undersigned respectfully requests that this Honorable Court continue generally the oral argument session pending resolution of the undersigned's recent Motion for Entry of a Rule 206.7(a) Order filed on November 21, 2008. Respectfully submitted, Robert M. Mumma, II Box F Grantham, PA 1702;7 (717) 612-9720 PROSE CER'T'IFICATE OF SERVICE I, Robert M. Mumma, II, pro se, do hereby certify that I caused a copy of the foregoing Motion Regarding Oral Argument Session of December 17, 2008 to be served this date by U.S. Mail, first class, postage prepaid, addressed to: George B. Faller, Jr., Esquire No V. Otto, III, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Brady Green, Esquire Morgan, Lewis & Bbckius, LLP 1701 Market Street Philadelphia, PA 19103-2921 Ralph Jacobs, Esquire 1515 Market Street -Suite 705 Philadelphia, PA 1 ~ 102 Linda Mumma Roth PO Box 480 Mechanicsburg, PA 17055 Joseph D. Buckley, Esquire Court-Appointed Auditor 1237 Holly Pike Carlisle, PA 17013 DATE: November 26, 2008 BY: ~ - "" ~~~'~~~ ~~ Robert M. Mumma, II Box F Grantham, PA 17027 717-612-9720 PROSE