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HomeMy WebLinkAbout04-01-05 INRE: ESTATE OF ROBERT M. MUMMA, deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO: 21-86-398 MOTION FOR EXTENSION OF TIME TO FILE REPORT Petitioner, Taylor P. Andrews, Esq., respectfully represents as follows in support of;tpis motion: ..,-. 1. Petitioner was appointed auditor in the above estate proceedings by the Hon. J. Wesley Oler, Jr. on January 6,2005. 2. Pa. Orphans' Court Rule 8.2 provides that an auditor shall file a report within ninety days of his appointment unless the court extends the time. 3. Petitioner seeks an extension of time for the filing of a report in this case for the following reasons: A. The account in this estate covers a period of approximately 19 years and the objections that have been filed to the account are numerous and will require substantial time to be heard. B. The auditor's work since his appointment has been delayed by the following motions filed by the objector, Robert M. Mumma II: 1) Motion to recuse Taylor P. Andrews, Esq. as auditor; 2) Motion for discovery that is scheduled for conference with the Court on April 4, 2005; 3) Motion to stay audit pending completion of discovery; and 4) Motion for a Jury Trial on objections to inventory and accounting. C. The objector, Robert M. Mumma II, has proceeded pro se since March 11,2005 and Petitioner has waited until the Court acted on the motion for discovery before proceeding to schedule a pre-hearing conference followed by necessary hearings. 4. An extension of at least 6 months, with the very real possibility of additional future extensions, is required for the completion of the auditor proceedings and the filing of an auditor's report. WHEREFORE, Petitioner respectfully requests that the Court grant the Petitioner an extension of 6 months to file his auditor report in the above matter. Ta or P ~ndrews, Esq., Petitioner and auditor 7 W omfret St., ar isle, PA 17013 717243-0123 Supreme Court ID#: 15641 IN RE: ESTATE OF ROBERT M. MUMMA, deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO: 21-86-398 CERTIFICATE OF SERVICE I hereby certify that on this date, April ~ 2005, I mailed a copy of MOTION FOR EXTENSION OF TIME TO FILE REPORT to the following persons at the following addresses by U.S. Mail, postage prepaid: Ivo Otto, Esq. 10 East High St. Carlisle, P A 17013 Joseph A. O'Connor, Jr., Esq. and Brady L. Green, Esq. Morgan, Lewis & Bockius, LLP 1701 Market St. Philadelphia, PA 19103-2921 Ralph A. Jacobs, Esq. 215 S. Broad St., lOth Floor Philadelphia, PA 19107 Robert M. Mumma II Box 58 Bowmansdale, P A 17008 . Andrews, Esq. nsel for Defendant