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HomeMy WebLinkAbout09-17-09 (2)F:~.FILESiCGentsi5844 Mumma Estate15844.17 Bobali~5844.17.mot for phone testimony.wpd Created: 9/20/04 0:06PM Revised: 9~i7/09 9:17AM No V. Otto, III, Esquire LD. No. 27763 ~ George B. Faller, Jr., Esquire ~ ..o -,-- ~~ ~' ,~. : 7 I.D. No. 49813 ~ tn r'*t '~~ ;a Jennifer L. Spears, Esquire ;-;~ ~ '° ~ ,'; , _, ; LD. No.87445 ' - • ~ ~ • --~ - -"--~ MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER _ " `'~'~ ~ `?-~~ `-- t t~'= MARTSON LAW OFFICES ~ ? ~ -=y r~ 10 East High Street ~ ~,' .. = r , • ~ Carlisle, PA 17013 ~ w '' ~~' (717) 243-3341 t a Attorneys for Barbara McK. Mumma and Lisa M. Morgan IN THE COURT OF COMMON PLEAS OF IN RE: :CUMBERLAND COUNTY, PENNSYLVANIA Estate of Robert M. Mumma, NO. 21-86-398 Deceased. : ORPHANS' COURT DIVISION MOTION FOR TESTIMONY BY TELEPHONE OF WITNESS LISA M. MORGAN AND NOW, come Barbara McK. Mumma and Lisa M. Morgan, and seek confirmation by the Court as follows: 1. On September 11, 2009, Barbara M. Mumma filed a Motion to Prevent Public Sale of Real Estate by Tax Claim Bureau Due to Nonpayment of Taxes by Executrices/Trustees. 2. An emergency hearing has been scheduled before the Honorable Edward E. Guido, on September 18, 2009 at 1:00 p.m., said hearing being scheduled with two days notice. 3. The Executrices intend to cal! Lisa M. Morgan, one of the Executrices, to testify at that hearing. 4. Mrs. Morgan lives in Florida and is not available to attend the hearing in person on such short notice. 5. Moreover, the Executrices wish to minimize expense to the Estate of Robert M. Mumma and avoid wasting Estate assets for something which is not the Estate's responsibility, as explained more fully in the Answer filed simultaneously with this Motion. 6. Judge Oler has signed prior Orders in this matter, and the hearing is scheduled before Judge Guido. 7. Robert' M. Mumma, II, has indicated he does not concur in the requested relief. 8. Barbara M. Mumma has been contacted, but has not responded to a request for concurrence with this Motion. 9. Linda M. Mumma has been contacted, but has not responded to a request for concurrence with this Motion. WHEREFORE, Barbara McK. Mumma and Lisa M. Morgan respectfully request this Honorable Court approve their request for Lisa M. Morgan to testify via telephone during the September 18, 2009, hearing before the Honorable Edward E. Guido. Respectfully submitted, MARTSON LAW OFFICES No V. ,III, Esquire 1. D. No. 27763 George B. Faller, Jr., Esquire I . D. No. 49813 Jennifer L. Spears, Esquire I.D. No. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Barbara McK. Mumma Date: September 17, 2009 and Lisa M. Morgan CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent of Martson Law Offices, hereby certify that a copy of the foregoing Motion for Testimony by Telephone of Witness Lisa M. Morgan was served this date by a-mail and depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Robert M. Mumma, II Box F Grantham, PA 17027 Mr. Robert M. Mumma, II 840 Market Street, Suite 164 Lemoyne, PA 17043 Mr. Robert M. Mumma, II 6880 S.E. Harbor Circle Stuart, FL 34996-1968 Brady L. Green, Esquire MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103-2921 (Attorney for Estate and Executrixes) Ms. Linda M. Mumma 212 North Duke Street Durham, NC 27701 Pro Se Ms. Barbara Mann Mumma 541 Bridgeview Drive Lemoyne, PA 17043 Pro Se Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 (Court Appointed Auditor) MARTSON LAW OFFICES 10 East Hig Carlisle, PA 17013 Dated: September 17, 2009 (717) 243-3341 By ~ Trici~ nroac ' h treel