HomeMy WebLinkAbout03-10-11IN RE: ESTATE OF ROBERT M. IN THE COURT OF COMMON PLEAS OF
deceased CUMBERLAND COUNTY, PEI~ISYLVANJA
MUMMA
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21-86-398
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APPLICATION FOR AN EXTENTION OF TIME TO FILE AUDITOR'S REPORT
AND NOW this lOt" day of March, 2011, comes Joseph D. Buckley, Esquire, the Auditor
appointed in the above captioned matter, pursuant to Rule 8.2 of the Rules of the Orphan's Court
and applies for an extension to file his report based on the following:
1. On November 24, 2011, following Objections to the accounts and petitions for adjudication/
statement of proposed distribution of the Residuary Trust and Marital Trust under Will of
Robert M. Mumma, Deceased, the Honorable J. Wesley Oler, Jr. appointed the undersigned
as the Auditor.
2. Thereafter the undersigned contacted the counsel for the objectors and the Estate to arraign
a schedule for hearings.
3. During this same time period this Court was hearing a Motion regarding the status of the
Trustee and one of the Executors and the objecting parties requested no hearing be
scheduled until the Court conducted a hearing on the Motion.
4. Although it was suggested that the undersigns hearing be conducted immediately prior to or
following the said hearing on the Motion, as the parties and counsel would all be present, the
objectors would not so agree.
5. After hearing notices were sent followed by a request for continuance by one of the
Objectors, new hearing dates have been established for the week of May 2-6, 2011 and
hearing notices were sent to the parties March 3, 2011. (~ /
6. Rule 8.2 of the Orphan's Court states in part "An auditor shall file his report within 90 days
after his appointment, unless, upon application, the court extends the time; ... ."
7. Because the delay in the establishment of the hearing has not been caused by any lack of
diligence in attempting to schedule and conduct a hearing on the part of the undersigned,
coupled with the more than thirty days of hearing the undersigned has held in the accounting
of this Estate and the Trusts created thereunder, the undersigned humbly requests that the
Court enter an Order extending the time to present a report on the current objections until
sixty (60) days following the close of the auditor's hearings.
Respectfully submitted,