HomeMy WebLinkAbout12-21-10
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'
ORDER
AND NOW, this day of , 201_, upon consideration of Lisa M.
Morgan's Motion for Allowance of Appearance and Testimony by Telephone, the 1!viotion is granted.
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
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F:~FII.ES~Clienta~5844 Mumma Eatate~5844.1.Mumma Eatate~5644.1.motion for participation by phone.doc
Revised; 12/21/10 2:56PM
No V. Otto, III, Esquire
I.D. No. 27763
George B. Faller, Jr., Esquire
I.D. No. 49813
Jennifer L. Spears, 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
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IN RE:
Estate of Robert M. Mumma,
IN THE COURT OF COMM
CUMBERLAND COUNTY,
PLEAS OF
11rTSYLVANIA
Deceased.
N0.21-86-398
ORPHANS' COURT D
TELEPHONE
AND NOW, comes Lisa M. Morgan, and seeks confirmation by the Cou~t as follows:
1. By Order dated November 8, 2010, the Court scheduled a hearin~ 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. Mrs. Morgan filed a Motion for Continuance requesting that the hearing be
continued, which was denied by Order of Court dated December 9, 2010.
3. Mrs. Morgan is the founder and leader of a team in the annual ace for the Cure
event which is nationally scheduled for January 29, 2011. Mrs. Morgan has ben competing on a
regulaz basis in this event for over 10 yeazs since her close friend and godmother to her son was
diagnosed with breast cancer. When this friend passed away last yeaz, after los~ng her battle with
cancer, Mrs. Morgan founded a team in her memory. Substantially in advance o~ 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 a.m. on January 29, 2011. Attendance at the hearing, the day before the
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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 witlxin Mrs. Morgan's
control to change the date of this commitment.
4. Mrs. Morgan respectfully requests that she be allowed to app$az and testify, if
necessary, by telephone for the hearing on January 28, 2011. ~'
5. Judge Oler has signed prior Orders in this matter, and the hearing i~ scheduled before
Joseph Buckley, Esquire, the Auditor appointed by the Court.
7. Mr. Mumma, II's counsel, Maurice R. Mitts, Esquire, has indicated he does not
concur in the requested relief.
8. Bazbaza M. Mumma has indicated she does not object to the requlested relief.
9. Linda M. Mumma has not responded to the request for concurrence.
WHEREFORE, Lisa M. Morgan respectfully requests this Honorable (~ourt allow her to
participate by telephone for the hearing for January 28, 2011.
Respectfully submitted,
By:_ ',
No V. O o, I, Esquire
LD. No. 27763
George B. Faller, Jr., Esquire ',
LD. No. 49813
Jennifer L. Speazs, Esquire
LD. No.87445
MARTSON DEARDORFF WILL~AMS 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 Mazket Street
Philadelphia, PA 19103-2921
(215)963-5079
Dated: December 21, 2010 Attorneys for Lisa M. Morgan
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deazdorff Williams Otto Gilroy &
Faller, hereby certify that a copy of the Motion for Allowance by Telephone 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. 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 Friars Court
Mechanicsburg, PA 17050
Joseph D. Buckley, Esquire
1237 Holly Pike
Cazlisle, PA 17013
MARTSON LAW OFFICES
By
I Tn'i~ia Dr kenroad
.. Ten East igh Street
Cazlisle, PA 17013
Dated: December 21, 2010 (717) 243-3341