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HomeMy WebLinkAbout12-02-10~, No V. Otto, III, Esquire I.D. No. 27763 George B. Faller, Jr., Esquire I:D. No. 49813 Jennifer L. Speazs, Esquire I.D. No.87445 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717)243-3341 Attorneys for Lisa M. Morgan fir r" '~ '- . ~ ~ ~ ~. {I4 ~'~1141~ X11 i~i'..~J 2010 QEC -Z PM 12~ 17 c~R~ of ORPHAN'S COURT CUMBERLAND CO., PA IN RE: Estate of Robert M. Mumma, Deceased. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.21-86-398 ORPHANS' COURT DIVISION MOTION FOR CONTINUANCE OF HEARING AND NOW, comes Lisa M. Morgan, and seeks confirmation by the Court as follows: 1. By Order dated November 8, 2010, the Court scheduled a heazing on the motion of Robert M. Mumma, II to disqualify and remove Lisa Morgan as executrix and trustee in the above captioned matter for January 28, 2011 at 1:30 p.m. 2. Given the nature of Mr. Mumma, II's allegations in the motion, Mrs. Morgan anticipates that she will appear for the hearing. 3. Mrs. Morgan is unable to attend the currently scheduled heazing on January 29, 2011 because she is the founder and leader of a team in the annual Race for the Cure event which is nationally scheduled for January 29, 2011. Mrs. Morgan has been competing on a regular basis in this event for over 10 years since her close friend and godmother to her son was diagnosed with breast cancer. When this friend passed away last yeaz, after losing her battle with cancer, Mrs. Morgan founded a team in her memory. Substantially in advance of the scheduling of this hearing, Mrs. Morgan again committed to leading this team and has already purchased a team tent and begun to raise funds and enroll team members. This commitment requires Mrs. Morgan to be at the race site by 6:30 am on January 29, 2011. Attendance at the hearing the day before the event would make it extremely difficult, if not impossible, for Mrs. Morgan to return to Florida to fulfill her commitment. Because this is a nationally scheduled event, it is not within Mrs. Morgan's control to change the date of this commitment, and she would respectfully request that this Court reschedule the hearing to an alternate date. 4. Mrs. Morgan has filed final accounts for the trusts (a final account for the estate was filed many years ago), and the Auditor is in the process of scheduling hearings for eazly 2011 with respect to objections to those accounts. She has advised the beneficiaries of the trusts that she does not intend, as trustee, to sell or otherwise dispose of real estate, stock or other non- cash assets in the trusts or in entities controlled by the trusts, without seeking and obtaining prior approval of the Court. Mrs. Morgan's current activities consist of administering the properties and assets of the trusts, and making expenditures for costs and expenses incurred by them, including, without limitation, operating expenses, professional fees and taxes. Mrs. Morgan also is engaged, as she has advised the beneficiaries, in obtaining appraisals of the trusts' assets in order to permit the development of a plan of final distribution. Given the limited scope of these activities, and the overall timing of the relevant proceedings, no prejudice to any party would result from the requested rescheduling of the hearing. 5. For scheduling purposes, Mrs. Morgan is able to come to Pennsylvania any time during January, February, March or Apri12011, with the exception of the following dates due to other commitments including out-of--town plans and trial scheduled in Dauphin County, PA: February 4-11, February 24-28, and April 18-22. 6. Judge Oler has signed prior Orders in this matter, and the hearing is scheduled before Joseph Buckley, Esquire, the Auditor appointed by the Court. 7. Mr. Mumma, II, has indicated he does not concur in the requested relief. 8. Bazbaza M. Mumma has indicated she does not object to rescheduling the hearing, but stated that she believes the rescheduled date should be before the originally-scheduled date of January 28, 2011. 9. Linda M. Mumma has indicated she does not concur in the requested relief. 2 Y WHEREFORE, Lisa M. Morgan respectfully requests this Honorable Court reschedule the hearing for January 28, 2011 to another date when she is available to travel to Pennsylvania. Respectfully submitted, By: uw G rge .Faller, Jr., Esquire I.D. No. 49813 No V. Otto, III, Esquire I.D. No. 27763 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Brady L. Green, Esquire MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103-2921 (215)963-5079 Dated: December 2, 2010 Attorneys for Lisa M. Morgan 3 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the Motion for Continuance of Hearing was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Maurice Mitts, Esquire Mitts Milavec, LLC Two Logan Square Twelfth Floor 18th and Arch Streets Philadelphia, PA 19103 Ms. Barbara M. Mumma 541 Bridgeview Drive Lemoyne, PA 17043 Ms. Linda M. Mumma 512 Creekview Lane Mechanicsburg, PA 17055 Ms. Linda Mumma c/o Carter Ellis 203 Friars Court Mechanicsburg, PA 17050 Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 MARTS9N LAW OFFICES BY. ~~ Ten EastlHigh Street Carlisle, PA 17013 Dated: December 2, 2010 (717) 243-3341 4