HomeMy WebLinkAbout09-20-13 IN RE ESTATE OF : IN THE COURT OF COMMON PLEAS OF
ROBERT M. MUMMA, : CUMBERLAND COUNTY, PENNSYLVANIA
Deceased
ORPHANS' COURT DIVISION
NO. 21-86-398
ORDER OF COURT
AND NOW, this 20'' day of September, 2013, upon consideration of the attached
letter dated September 18, 2013, from Robert B. Eyre, Esq., it is ordered and directed as
follows:
1. The unsigned and incomplete Objections of Robert M. Mumma, To
August 7, 2013 Report of Auditor Joseph D. Buckley, Esquire, filed
September 16, 2013, is stricken from the record; and
2. The "Supplemental and Corrected Objections of Robert M. Mumma, II,
to August 7, 2013 Report of Auditor Joseph D. Buckley, Esquire, filed
September 19, 2013," is accepted even though a little bit late.
BY THE COURT,
_V
resley 1 r, Jr., J.
Joseph D. Buckley, Esq. c>
1237 Holly Pike ° T3 a
Carlisle, PA 17013 CO
Court-Appointed Auditor
Robert B. Eyre, Esq. o n T'
Foehl & Eyre, P.C. ° r
27 East Front Street yo crn o
Media, PA 19063 1'
Attorney for Robert M. Mumma, 11
No V. Otto, III, Esq.
George B. Faller, Esq.
Jennifer L. Spears, Esq.
10 East High Street
Carlisle, PA 17013
Attorneys for Lisa M. Morgan
Brady L. Green, Esq.
Wilbraham Lawler & Buba, P.C.
1818 Market Street
Suite 3100
Philadelphia, PA 19103
Attorney for Lisa M. Morgan
Richard F. Rinaldo, Esq.
Williams Coulson Johnson
Lloyd Parker & Tedesco, LLC
One Gateway Center, 16th Floor
Pittsburgh, PA 15222
Attorney for Barbara M. Mumma
Linda Mumma
P. O. Box 30436
Bethesda, MD 20824
Pro Se
09=18-'13 15;27 FAQM- T-073 P0002/0003 F-933
FO EH]L & 7EYR E
A PrgfesstonatCorparuiton
27 EAST FRONT STREET
ROBERT n,EYRE* MEDIA,PENNSYLVANIA 19063 GENE A.FOEHL+
PH;610.566.5926 PATRICK K.McCOYD+
Px;610.892,9307 +OfCounsci
•ALSO MEMBER NJ BAR rob@foehitaxv.com
Via Facsimile and Regular Mail September 18,2013
Hon.J. Wesley Oler,Jr.,
Senior Judge
Court of Common Pleas of Cumberland County
One Courthouse Square
Carlisle,PA 17013
SEP 19 2013
RE: )estate of Robert M.Mumma,Deceased.
Orphans' Court No.21-86-398
Dear Judge Oler:
This is to follow up on my telephone call of Monday concerning the filing of Objections,
on behalf of Robert M.Mumma 11,to the Auditor's Report in the above matter. As I reported
then,I was unable to complete and file the Objections of my client,Robert M.Mumma II,that
were due Monday. A document was filed by my client,but was a partial draft,unsigned and with
blanks throughout. When I called Monday to report this,I was in a hotel in the Harrisburg area
and thought then R would take only a day to get a corrected and complete document filed,but I
had to return to Philadelphia that evening and it has taken another day to complete and courier a
more complete document for filing. A courier is on his way to file this afternoon.
I am deeply embarrassed by my inability to manage this better,but there are extenuating
circumstances. Completing these Objections was an immense undertaking to begin with,and for
that reason I previously requested more time than the Court allowed for these Objections. On top
of that challenge,however,I have in the last month found myself in the midst of a deepening
crisis. In this time,two of the three fulltime attorneys in my office have departed—one on only
two days notice.These departures came at a time when I was already without the assistance of my
former partner,who has been absent for most of the last year due his own family medical crisis. I
have been carrying the work load of three attorneys for a month now,and this past week it has
frankly overwhelmed me. 1 have barely slept in a week.
Nonetheless,as of last Friday I thought(foolishly)that I could accomplish enough by
Monday to file reasonably complete Objections,and on Sunday I took up residence in a hotel
near my client's office, in Lemoyne,where I could access the shelves of transcripts,pleadings
binders and exhibits,to get the job done. By late Monday afternoon, however, it was evident that
I could not do ft. 1 was exhausted and not exercising good judgment and,in that moment,did not
object to my client delivering the incomplete and unsigned document.
03-18-'13 15:27 FROM- T-073 P0003/0003 F-433
I sincerely thought,then,that I could get a corrected document filed the next day
(Tuesday),but had to return to Philadelphia and,the travel time,the need to attend to other urgent
matters at the office and home,and sleep that I had no had for days,delayed me one more day.
The document being filed is still not where I wanted it,and I have included in the body of
the Objections a renewed request for more time to supplement and clarify them;but the purpose
of this letter is to request the grace of these two days,and request that the Court accept the
corrected document.
i do not write this for myself,but for my client. I do not think it is necessary or fair that
my client suffer for my difficulties I am experiencing. If there is any personal benefit I seek in
writing this it is the hope that by this explanation and sincere apology,I can assure Your Honor of
my continuing respect for the Court,and that I am focused more intently now on addressing my
staffing in the office.
If I can provide any more explanation or if there is anything else I can do in relaton to the
above,please do not hesitate to ask.
es ectf Ily,
Rob rt B. ..yr
Cc: No Otto,Esquire(via email)
Rick Rinaldo,Esquire(via email}
Linda Mumma(via email)
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: ROBERT M MUMMA CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-86-0398
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 04/26/13
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 04-26-13
IN RE: ORDER OF COURT
............................................................................................................................
SERVICE TO: JOSEPH BUCKLEY, 1237 HOLLY PIKE,CARLISLE PA 17013
ROBERT B EYRE 27 EAST FRONT STREET MEDIA PA 19063
IVO OTTO, 10 E HIGH STREET.CARLISLE PA 17013
BRADY GREEN, 1701 MARKET STREET,PHILADELPHIA PA 19103
JOH KERR, 5020 RITTER ROAD, SUITE 104, MECHANICSBURG PA 17055
RICHARD RINALDO,ONE GATEWAY CENTER, 16TH FLOOR,PITTSBURGH PA 15222
LINDA MUMMA,PO BOX 30436, BETHESDAY MD 20824
METHOD OF MAILING: ENVELOPES PROVIDED BY:
®USPS ❑ PETITIONER
❑ RRR ®JUDGE
❑ HAND DELIVERED ❑CLERK OF ORPHANS COURT
❑ OTHER_
MAILED: 09-23-2013
...............................................................................
SERVICE TO:
METHOD OF MAILING: ENVELOPES PROVIDED BY:
❑USPS ❑PETITIONER
❑ RRR ❑ JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER_
MAILED: 04/26/2013
uty
Clerk of Orphans' Court