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Home My WebLink About12-10-10IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF ROBERT M. MUNIlVIA CUMBERLAND COUNTY, PENN~~ct'L.VAI~IIA ORPHANS' COURT DIVISION N0.21-86-398 '~ iN xr,: MuiiuN ruxwiV"1~1NUANCE OF HEARIN ORDER OF COURT AND NOW, this 9~' day of December, 2010, upon consideration o t~e Motion r Continuance of Hearing filed on behalf of Lisa M. Morgan, and with the ~otirt's sched e being such that no unscheduled time is available for the hearing prior t~ April 8, 2011, the motion is denied. Joseph D. Buckley, Esq. 1237 Holly Pike Carlisle, PA 17013 Auditor Robert M. Mumma, II Box F Grantham, PA 17027 Robert M. Mumma, II 840 Market Street Suite 33333 Lemoyne, PA 17043 J 4 0 -,~ 3 N CJi Q'~ m i J ~; ~ ~~ -ri -„ =~ ~ Cn BY THE COURT, ,_ _ _ Robert M. Mumma, II 6880 S.E. Hazbor Circle Stuart, FL 34996-1968 George B. Faller, Jr., Esq. No V. Otto, III, Esq. 10 East High Street Cazlisle, PA 17013 Brady L. Green, Esq. Morgan, Lewis & Bockius, LLP 1701 Market Street Philadelphia, PA 19103-2921 Maurice Mitts, Esq. Mitts Milavec, LLC Two Logan Squaze Twelfth Floor 18~' and Arch Streets Philadelphia, PA 19103 Linda Mumma Roth c/o Carter Ellis 203 Friazs Court Mechanicsburg, PA 170505 Bazbaza Mann Mumma 541 Bridgeview Drive Lemoyne, PA 17043 :rc >- a f- ~. DEC 0 2 ORDER 1N RE: Estate of Robert M. Mumma, Deceased. IN THE COURT OF COMMON P ETAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.21-86-398 . I, ORPHANS' COURT DIVISION of Lisa ed for AND NOW, this day of , 2010, upon coy M. Morgan's Motion for Continuance, the hearing is hereby 2011 at BY THE COURT, J. Wesley Oler, Jr., J. cc: Maurice R. Mitts, Esquire Ms. Barbara Mann Mumma Brady L. Green, Esquire George B. Faller, Esquire Ms. Linda M. Mumma Joseph D. Buckley, Esquire w~ ~~r~~rc ~~~~;~ oY ~~.~~~~cF ~; y'~t.~..a ZO10 DEC - ~! I2~ I ~ ~ 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 Cazlisle, PA 17013 (717)243-3341 Attorneys for Lisa M. Morgan IN THE COURT OF COMN ~ ~~ :CUMBERLAND COUNTY, Estate of Robert M. Mumma, : N0.21-86-398 Deceased. . ORPHANS' COURT DIVIS] MOTION FOR CONTINUANCE OF HEARING AND NOW, comes Lisa M. Morgan, and seeks confirmation by the Coy 1. By Order dated November 8, 2010, the Court scheduled a hear of Robert M. Mumma, II to disqualify and remove Lisa Morgan as executrix above captioned matter for January 28, 2011 at 1:30 p.m. 2. Given the nature of Mr. Mumma, II's allegations in the moti anticipates that she will appeaz for the hearing. 3. Mrs. Morgan is unable to attend the currently scheduled hearing 2011 because she is the founder and leader of a team in the annual Race for the is nationally scheduled for January 29, 2011. Mrs. Morgan has been competing basis in this event for over 10 years since her close friend and godmother to her diagnosed with breast cancer. When this friend passed away last year, after losi cancer, Mrs. Morgan founded a team in her memory. Substantially in advance ~ of this hearing, Mrs. Morgan again committed to leading this team and has alre~ - _ > C~ cau~r )CO.,PA ;AS OF YLVAr !as follows: on the mot. trustee in Mrs. on January 29, ~ujre event whi: on a regular soh was Zglher battle wi f ~,he schedulin 3y', purchased a L, .+~ '~ 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 tl~e hearing the d before the event would make it extremely difficult, if not impossible, for Mrs. l~vldrgan to ret to Florida to fulfill her commitment. Because this is a nationally scheduled ev~nt~ it is not wi Mrs. Morgan's control to change the date of this commitment, and she would that this Court reschedule the hearing to an alternate date. 4. Mrs. Morgan has filed final accounts for the trusts (a final acct was filed many years ago), and the Auditor is in the process of scheduling hey 2011 with respect to objections to those accounts. She has advised the benefit that she does not intend, as trustee, to sell or otherwise dispose of real estate, cash assets in the trusts or in entities controlled by the trusts, without seeking approval of the Court. Mrs. Morgan's current activities consist of administerir and assets of the trusts, and making expenditures for costs and expenses incur including, without limitation, operating expenses, professional fees and taxes. is engaged, as she has advised the beneficiaries, in obtaining appraisals of the order to permit the development of a plan of final distribution. Given the limn activities, and the overall timing of the relevant proceedings, no prejudice to z result from the requested rescheduling of the hearing. 5. For scheduling purposes, Mrs. Morgan is able to come to I during January, February, March or Apri12011, with the exception of the i other commitments including out-of--town plans and trial scheduled in l February 4-11, February 24-28, and April 18-22. 6. Judge Oler has signed prior Orders in this matter, and the before Joseph Buckley, Esquire, the Auditor appointed by the Court. 7. Mr. Mumma, II, has indicated he does not concur in the reau 8. Barbara M. Mumma has indicated she does not object to but stated that she believes the rescheduled date should be before the oriai January 28, 2011. 9. Linda M. Mumma has indicated she does not concur in the Ifor the est. ~s for early Ibs of the to k or other r the properties 3 lby them, [r~. Morgan a] assets in of Tarty would ~vania any ti e ~~ dates due to iln County, P rig is schedul belief. ling the hearii ~~eduled date ~d relief. 2 ~j ~ i WHEREFORE, Lisa M. Morgan respectfully requests this Honorabl~ the hearing for January 28, 2011 to another date when she is available to travel i i, Respectfully submitted, / Y V 1 ~.~, By: Gorge ~ Faller, Jr., Esquire I.D. No. 49813 No V. Otto, III, Esquire I.D. No. 27763 MARTSON DEARDORFF WILL GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Cazlisle, PA 17013 (717) 243-3341 Brady L. Green, Esquire MORGAN, LEWIS & BOCKIUS 1701 Mazket Street Philadelphia, PA 19103-2921 (215) 963-5079 Dated: December 2, 2010 Attorneys for Lisa M. Morgan 3 Court resched to' Pennsylvani OTTO r+ -~ a 1 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deazdorff Willi Faller, hereby certify that a copy of the Motion for Continuance of Hearing was depositing same in the Post Office at Cazlisle, PA, first class mail, postage pre follows: Maurice Mitts, Esquire Mitts Milavec, LLC Two Logan Squaze Twelfth Floor 18th and Arch Streets Philadelphia, PA 19103 Ms. Bazbaza 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 Friazs Court Mechanicsburg, PA 17050 Joseph D. Buckley, Esquire 1237 Holly Pike Cazlisle, PA 17013 MAR' LAW OFFICES By Dated: December 2, 2010 ~~~ Ten Eas High Street Cazlisle, PA 17013 (717) 243-3341 s Otto Gilro & sewed this dat by pa,'id, addresse as 4 I In Re: ESTATE OF ROBERT M MLJII~IA O~'HANS' COURT DIVISI N'. COURT OF COMMON PLEA ~~+ • CUMBERLAND COUNTY • PENNSYLVANIA • N0.21-86-0398 CERTIFICATE OF SERVI ORDER DATE: CE OF ORDER 12/10/2010 JUDGE'S INITIALS: JWp TIME STAMP DAB; 12/10/2010 ~ ~• ORDER OF COURT SERVICE TO: JOSEPH D BUC ..............................T...................,.............,.......... ...___ KLEY uADT• . __ METHOD OF MAILING: ®USPS D RRR HAND DELIVERED ^ OTHER MAILED: 1212/~p ENVELOPES PROVIDED BY: ', ® PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COUR SERVICE TO: ROB RT ~~~~~""""""~••••••• M MUMMA II .............. ROBERT M MUMM.e rr ",,,,", METHOD OF MAILING: ENVELOPES PROVIDED BY: ® USPS ~ RRR ^ PETITIONER ^ HAND DELIVERED ®JUDGE ^ OTNER ^ CLERK OF ORPHANS COURT MAILED: 12/~ 0 - '~ Deputy Clerk of Orphans' Court