HomeMy WebLinkAbout03-05-10IN RE: ESTATE OF
ROBERT M.
Deceased
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
N0.21-86-398
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MOTION FOR BRIEF CONTINUANCE OF THE
ORPHANS'
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AND NOW comes Robert M. Mumma, II, pro se, who hereby files the instant Motion for
a Brief Continuance of the Orphans' Court Hearing Scheduled for March 15, 2010, and in
support thereof avers as follows:
1. The undersigned Movant, Robert M. Mumma, II, pro se, is an adult individual
who is a beneficiary of the above-captioned Estate and the Trusts created under the Will of the
Decedent and who is a trustee of contingent beneficiaries of the above-captioned Estate and
Trusts.
2.. On December 14, 2009, the undersigned Movant filed a Motion for Vacation of
Appointment of Attorney Buckley as Auditor.
3. On December 21, 2009, the Orphans' Court (per Judge Oler) issued the following
Order:
AND NOW, this 21St day of December, 2009, upon consideration of the Motion
for Vacation of Appointment of Attorney Buckley as Auditor, a Rule is hereby issued
upon all interested parties to show cause why the relief requested should not be granted.
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RULE RETURNABLE at a hearing scheduled for Monday, March 15, 2010, at 9:30 a.m.,
in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
J. Wesley Oler, Jr., J.
4. The undersigned Movant is a resident of Martin County, Florida and has been
summoned for jury duty by the local Florida court and is therefore unable to appear in
Cumberland County, Pennsylvania on March 15, 2010.
5. Because two prior jury duty notices were excused, the undersigned Movant must
report for said jury duty in Florida on March 15, 2010.
6. According to the Auditor's Notice of Continuation of Auditor's Hearing dated
December 22, 2009, Auditor's hearings have been scheduled for the third full week and the
fourth full week of April 2410, i.e., from April 19 through April 23, 2010, and from April 26
through April 30, 2010.
7. The undersigned Movant is requesting a brief continuance of the Orphans' Court
hearing scheduled for March 15, 2010 to a date within either the latter half of the first full week
of Apri12010 (i.e., to April 7, 8, or 9) or the second full week of April 2010 (i.e., to April 12,
13,14,15, or 16).
8. Said continuance to any of the aforesaid proposed dates in April 2010 (i.e, April 7
to April 16) would take into account that (i) jury duty in Florida could be prolonged, and (ii) the
re-scheduled hearing date would nevertheless come before the upcoming Auditor's hearings
scheduled for the latter half of Apri12010.
9. As indicated by the foregoing, the iZistant Motion is not being filed for purposes
of delay as it is seeking only a brief continuance of the Orphans' Court hearing on March 15,
2010 until any date between April 7, 2010 and April 16, 2010.1
10. In accordance with Cumberland County Rule of Civil Procedure 208.3(a)(9), the
concurrence of opposing counsel was sought at 2:00 p.m. on March 4, 2010, however said
counsel had indicated that he was unable to indicate concurrence or nonconcurrence at that time;
he further indicated that he would need to review the matter and thereafter reply. As of 3:30
p.m. on March 5, 2010, the date of the filing of the distant Motion for a Brief Continuance, said
opposing counsel had not indicated either concurrence or nonconcurrence.
1 1. Pursuant to Cumberland County Rule of Civil Procedure 208.3(a}(2), the
Honorable J. Wesley Oler, Jr. has previously ruled on prior motions filed by the parties hereto.
WHEREFORE, the Movant respectfully requests that this Honorable Court issue an Order
which GRANTS the instant Motion for a Brief Continuance of the Orphans' Court Hearing
Scheduled for March 15, 2010, and which further re-schedules the said Hearing until any date
between April 7, 2010 and April 16, 2010.
Respectfully submitted,
Robert M. Mumma, II -pro se
Box F
Grantham, PA 17027
(717) 612-9720
1 Availability would be determined further if chosen to serve on a jury involving a lengthy case: if chosen
for a jury, and if such proceedings in Florida were to conflict with the proposed continuance dates in
Apri12010, then prompt and appropriate notice would be provided to the Orphans' Court and to all
parties.
CERTIFICATE OF SERVICE
I, Robert M. Mumma, II, pro se, do hereby certify that I caused a copy of the foregoing
Motion to be served this date by U.S. Mail, first class, postage prepaid, addressed to:
Brady Green, Esquire
Morgan, Lewis & Bockius, LLP
1701 Market Street
Philadelphia, PA 19103-2921
George B. Faller, Jr., Esquire
No V. Otto, III, Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
Barbara Mann Mumma
541 Bridgeview Drive
Lemoyne, PA 17043
Linda Mumma Roth
PO Box 480
Mechanicsburg, PA 17055
Joseph D. Buckley, Esquire
Court-Appointed Auditor
1237 Holly Pike
Carlisle, PA 17013
DATE: March 5, 2010
BY:
obert M. Mumma, II
Box F
Grantham, PA 17027
717-612-9720
PROSE