HomeMy WebLinkAbout12-19-12 (2)IN RE: ESTATE OF ROBERT M. IN THE COURT OF COMMON PLEAS OF
MUMMA, deceased CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
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sAP.I~LIC,~TI91~~'~R AN EXTENSION OF TIME TO FILE AUDITOR'S REPORT and
LITIOl`~FR LEAVE TO REQUIRE SECURITY FOR EXPENSES AND FEES
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AND NOW this ~7t'' day of December, 2012, comes Joseph D. Buckley, Esquire, the
Auditor appointed in the above captioned matter, pursuant to Rules 8.2 and 8.8 of the Rules of the
Orphan's Court and applies for an extension to file his report and for his expenses and fees based on
the following:
1. On September 19, 2008 and on November 24, 2011, following Objections to the accounts
and petitions for adjudication and 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. His Honor has referred to the Auditor numerous matters relating to this Estate and currently
two matters are pending.
3. Thereafter the undersigned has conducted hearings, conferences and provided interim
reports.
4. The undersigned was awaiting notice from the parties relative the receipt and distribution of
life insurance policies prior to issuing his next interim report.
5. The undersigned held a telephone conference on December 3, 2012 with the parties'
respective counsel and informed them he had finalized his interim report and also advised
them that the final report to His Honor on all the accountings and the issues presented would
thereafter be presented.
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6. The undersigned informed the parties' counsel that he had incurred expenses and fees to that
date and time in the amount of $48,728.00 and requested the parties agree so as to make this
application unnecessary.
7. In the past the parties had agreed on the expenses and fees and the Auditor was paid through
an agreement and Order of this Court.
8. Following the Auditor's request, the counsel for the trustee, Lisa Morgan, agreed to the
amount as did counsel for Barbara Mumma; however, the following day he received notice
from counsel for Robert M. Mumma, II, Jeffrey Brooks, Esquire, that Mr. Brooks had been
discharged by Mr. Mumma and that the undersigned should consult with Mr. Mumma.
9. The undersigned did again contact all counsel and Mr. Mumma and Mr. Mumma inquired as
to details on how the amount was ascertained. The Auditor graciously provided all counsel
and Mr. Mumma a breakdown of the total hours devoted to this matter, court reporter costs,
telephone charges, postage, copy and other expenses.
10. The undersigned received an additional request from Mr. Mumma that Mr. Mumma be
provided a more detailed account which would identify time spent and the issues related to
such time.
1 L The Auditor thereafter informed all counsel and Mr. Mumma that because they were not in
agreement, he would be filing this request.
12. The Auditor since advising the parties of the amount mentioned above has incurred expenses
and fees to this date and time in the amount of $49,178.50.
13. A copy of the time devoted to the matters referred to the undersigned and the costs associated
therewith is attached as Exhibit "A".
WHEREFORE, I unfortunately request leave from my duties and responsibilities until the
security which is now $49,178.50 is paid and thereafter to issue my interim reports immediately
and my final reports within thirty (30) days thereafter.
Respectfully submitted,
~ph D. $uckley, Esqui uditor
Supreme Court ID# 384 4
1237 Holly Pike
Carlisle, PA 17013
(717) 249-2448
JoeBLaw a;aol.com
EXHIBIT "A"
June 21, 2011 -Present
Attend final day of hearings. Review transcripts, notes and exhibits. Review briefs
of parties, motions and other pleadings. Review accounts and reports. Draft findings of
facts. Review all pertinent cases and court decisions. Review issues and draft responses
and recommendations for all for First auditor's and second auditor's referral for final
auditor's report.
Total time to date 248.50 hours
Interim Auditor's Referral October 5, 2011 -Petition to Authorize Distributions
October 5, 2011 -December 5, 2011 - Review Petition and referral. Conference
calls to parties. Review arguments. Draft and revise interim report to Court. Finalize
recommendations. File Interim report.
Total Time 7.0 hours
Interim Auditor's Report (Petition to Sell Real Estate, Redeem Life Insurance Policies, Iniate
and Develop Plan of Liquidation) May 2012 -Present
Review Petitions, Replies, New Matters and Replies to New matters and Referral.
Conference calls with parties or counsel. Review arguments. Review stipulated facts.
Schedule and attend argument. Draft and file Interim Report on one issue assigned.
Review files, briefs and cases. Draft report and recommendation. Conference calls with
parties or counsel.
Total Time 22.50
Total time 278.00 @ 175.00 = $48,650.00
Costs:
Court Reporter 418.00
Copies 650 @.10 65.00
Parking 6.50
Telephone charges 29.00
Postage 10.00
Total Costs 528.50
Total Costs and fees 49,178.50