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HomeMy WebLinkAbout03-09-10• P:\FILES\Ctiwte15844 Mmmm Eatate\5844.I.Mumme Estwe~5844.1.398.respome to motion to vacate Crewed: 9/20/Oq 0:06PM Revised: 3 /9/ I 0 10:46AM George B. Faller, Jr., Esquire n o LD. No. 49813 ~ ~ Jennifer L. Spears, Esquire ~ ~ a ~ ~ , ~` LD. No. 87445 `~°'rn ~ ~'`'-`~ MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER '~~~ ~ -~~ ~'' MARTSON LAW OFFICES ~ ~© ~ ~' 10 East High Street a ~ ro =~_ ~, Carlisle, PA 17013 <~ ~ (717) 243-3341 '`i Attorneys for Bazbaza McK. Mumma and Lisa M. Morgan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Estate of Robert M. Mumma, NO. 21-86-398 Deceased ORPHAN'S COURT DNISION EXECUTRIXES' RESPONSE TO MOTION FOR VACATION OF APPOINTMENT OF ATTORNEY BUCKLEY AS AUDITOR Admitted. 2. Denied. To the contrary, a disclaimer was filed in this matter on or about January 6, 1987, whereby the Petitioner disclaimed any interest in the above-captioned Estate. The Court has not issued a final ruling on the effect of that disclaimer, as indicated in the Auditor's letter of September 26, 2005. By way of further response, Mrs. Mumma and Mrs. Morgan incorporate by reference their Response to Petition to Orphans' Court Division for the Entry of the Date of the Deemed Denial of Exceptions under Pennsylvania Orphans' Court Rule 7.1(f) and New Matter. 3.-9. Admitted. 10. The filings, Motions and Petitions in this matter speak for themselves and therefore, no response is required. 11. Denied as stated. To the contrary, we believe that the Auditor has deferred ruling on numerous Motions until the conclusion of testimony in order to give Robert Mumma, II, the benefit of the doubt in presenting his case. The Orders aze writings which speak for themselves and we deny any characterizations. 12. Denied as stated. To the contrary, we believe that the Auditor has deferred ruling on numerous Motions until the conclusion of testimony in order to give Robert Mumma, II, the benefit of the doubt in presenting his case. 13. Respondents are unaware as to the averments contained in this paragraph. 14. Denied as stated. To the contrary, Respondents believe that Judge Oler intended the Auditor to file his report within 60 days of the conclusion of all of the Auditor's hearings. Since the hearing in this matter is ongoing, there would be no Auditor's report due. The Order is a writing which speaks for itself and we deny any characterizations. 15. Denied as stated. To the contrary as set forth in the answer to Paragraph 14, the Auditor's report as ordered by Judge Oler is not due unti160 days after the conclusion of the hearings in this matter, and the hearing in this matter is ongoing. 16.-20. Denied as stated. To the contrary, the Court has extended the time to file the report as indicated in the response to paragraph 14. Since the hearings are not concluded, there cannot be a default. The Pennsylvania Orphans' Court Rule is a writing which speaks for itself and we deny any characterizations. 21. Admitted. By way of further answer, the December 2009 hearings were held and further hearings have now been scheduled for Apri12010. 22. Denied as stated. To the contrary, the Auditor has conducted the hearings fairly, impartially and without any bias. The transcript is a writing which speaks for itself and we deny any characterizations. 23. Denied as stated. To the contrary, the Auditor has conducted the hearings fairly, impartially and without any bias. 24. Denied as stated. To the contrary, the Auditor has conducted the hearings fairly, impartially and without any bias. The transcripts referred to are writings which speak for themselves and we deny any characterizations. 25. Denied as stated. To the contrary, the Auditor has conducted the hearings fairly, impartially and without any bias. 26. Denied as stated. To the contrary, the Auditor should be allowed to continue to run the hearings in a fair and impartial manner without piecemeal intervention by the Movant. The Opinion and Order of Superior Court are writings which speak for themselves and we deny any characterizations. 27. Denied as stated. To the contrary, the Auditor should be allowed to continue to run the hearings in a fair and impartial manner without piecemeal intervention by the Movant. 28.-29. The averments of this paragraph constitute a conclusion of law to which no response is required. To the extent a response maybe deemed required, the averment is denied. 30. Denied as stated. To the contrary, the Auditor should be allowed to continue to run the hearings in a fair and impartial manner without piecemeal intervention by the Movant. 31. Denied as stated. To the contrary, the Auditor should be allowed to continue to run the hearings in a fair and impartial manner without piecemeal intervention by the Movant. The transcript and Order are writings which speak for themselves and we deny any characterizations. 32. Denied as stated. To the contrary, the Auditor should be allowed to continue to run the hearings in a fair and impartial manner without piecemeal intervention by the Movant. 33. Denied as stated. To the contrary, the Auditor should be allowed to continue to run the hearings in a fair and impartial manner without piecemeal intervention by the Movant. 34. Denied as stated. To the contrary, the Auditor should be allowed to continue to run the hearings in a fair and impartial manner without piecemeal intervention by the Movant. The transcript is a writing which speaks for itself and we deny any characterizations. 35. Admitted. 36. Admitted. WHEREFORE, Respondents request that this Court deny the Motion and allow the Auditor to continue with the hearings and discharge his appointed responsibilities by filing his report. MARTSON LAW OFFICES BY~~ ~ v 1 Georg B. alter, Jr., Esquire I.D. No. 49813 Jennifer L. Spears, Esquire I.D. No. 87445 10 East High Street Carlisle, PA 17013 (717)243-3341 Date: March 9, 2010 Attorneys for Barbara McK. Mumma and Lisa M. Morgan CERTIFICATE OF SERVI E I, Melissa A. Scholly, an authorized agent of Martson Law Offices, hereby certify that a copy ofthe foregoing Executrixes' Response to Motion for Vacation ofAppointment ofAttorney Buckley as Auditor was served this date by 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. Hazbor 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. Roth 512 Creekview Drive Mechanicsburg, PA 17055 Pro Se Ms. Bazbaza 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 B Y Meliss A. Scholly 10 East High Street Cazlisle, PA 17013 Dated: March 9, 2010 (717) 243-3341