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Home My WebLink About10-30-13 ",:. C� Robert B. Eyre, Esquire Attorneys for Robe�1�. Mur�ia�I n I.D. No. 41990 � � �� Foehl & Eyre, P.C. � � � w� �� r � � W r�� 27 East Front Street � �, � ° � ;�� _ Media, PA 19063 � �: � � ° �i � �:� a� � �� 610-566-5926 �-� � �� ,�, : :.r� �---► ;_. � _� _� �_._ ;�. c...� � � � � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA In re: ESTATE OF ROBERT M. : MUMMA, Deceased. : ORPHANS' COURT DIVISION . . • No. 21-86-398 MOTION ON BEHALF OF ROBERT M. MUMMA, II TO ADJOURN . DATES FOR BRIEFING AND ARGUMENT OF OBJECTIONS TO AUDITOR'S REPORT Robert B. Eyre, Esquire, as counsel for Robert M. Mumma, II, ("Mr. Mumma"), hereby moves this Honorable Court as follows: 1. The undersigned entered his appearance as counsel for Mr. Mumma on May 31, 2013. 2. Mr. Mumma has been represented by other counsel in the past, but has appeared pro se in much of the proceedings in the 27 year history of this case. 3. An Auditor's Report was filed by the Court's appointed auditor, Joseph D. Buckley, Esquire on August 7, 2013, reporting on the audit of numerous accounts and objections, including objections by Mr. Mumma, dating back some eight years that were the subject of some 40 days of transcribed hearings and other proceedings in that time. 1 � Mr. Mumma represented himself in those audit proceedings, all pre-dating the undersigned's entry of appearance. 4. The undersigned filed Objections to the August 7, 2013 Auditor's Report on Mr. Mumma's behalf on September 18,2013. 5. On October 4, 2013, this Court issued an Order (entered October 7) scheduling argument on the Objections to the Auditor's Report for November 12, 2013, and requiring briefs by November 1. 6. Given the length of the Auditor's Report (130 pages) and size of the record at issue, the undersigned's present workload and limited staff, completion of a brief on the Objections in the time allowed was extraordinarily difficult; and recent developments have added to that difficulty necessita.ting an adjournment of the briefing and argument on the Obj ections. 7. On Thursday of last week, Mr. Mumma advised the undersigned that he desired to argue the Obj ections himself and to represent himself in future proceedings before this Court; and instructed the undersigned withdraw as his counsel in this matter. 8. At the same time, Mr. Mumma advised the undersigned that from October 31, 2013 through at least Thanksgiving (and possibly longer), he will be unable to work on the Objections or appear at argument for medical reasons; and requested that the undersigned request an extension of the time for briefs and adjournment of the argument on the Objections to the Auditor's Report for these reasons. 9. The undersigned has not been able to obtain Mr. Mumma's agreement to the specific form or content of a Motion to adjourn the briefing and argument of Objections, or a Petition to withdraw as counsel, but Mr. Mumma has made it clear as 2 late as yesterday that he needs the adjournment and intends the undersigned to withdraw as his counsel. 10. Contemporaneous with this Petition, the undersigned is filing a Petition to Withdraw as Mr. Mumma's counsel. 11. Based on the foregoing, the undersigned requests that the schedule for briefmg and argument of the Objections to the Auditor's Report be adjourned until at least December 13, 2013 for submission of briefs and argument on a date convenient to the Court thereafter, and possibly longer depending on Mr. Mumma's medical condition and the sta.tus of the Petition to Withdraw. 12. It is respectfully submitted that, in the context of the history of this case, this adjournment of the briefing and argument of the Objections to the Auditor's Report will not materially delay the progress or resolution of the case. 13. Based on the foregoing, good cause exists for adjournment of the briefing and argument of the Objections, and that granting this request is fair, equitable and in the interests of justice. , WHEREFORE, the undersigned requests this Court (i) enter an Order in the form submitted with this Motion, re-scheduling axgument and briefing on the Objections to the Auditor's Report and/or(ii)grant such other relief as this Court deems equitable and just. Dated: October 29, 2013 Robert . e, Esquire Foehl yre,P.C. 27 East Front Street Media,PA 19063 610-566-5926 Attorneys for Robert M. Mumma, II 3 VERIFICATION I, Robert B. Eyre, Esquire, counsel for Robert M. Mumma, II, verify that that the statements made in the Motion are true and correct to the best of my knowledge, information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa. Cons. Stat. Ann. Sec. 4904, relating to unsworn falsification to authorities. Date: Rob . , squire 4 CERTIFICATE OF SERVICE I hereby certify that on October 30, 2013, I caused a true and correct copy of the foregoing Motion to be served email and via first-class United Sta.tes mail, postage prepaid, and via email, on the following: Ivo V. Otto, IV, Esquire George B. Faller, Esquire Jennifer L. Spears,Esquire Martson Law Offices 10 East High Street Carlisle,PA 17013 Brady L. Green, Esquire Wilbraham Lawler& Buba 31 St Floor 1818 Market Street Philadelphia, PA 19103 Richard F. Rinaldo Williams Coulson, LLC 16�'Floor, One Gateway Center Pittsburgh, PA 15222 Ms. Linda M. Mumma, P.O. Box 30436 Bethesda,MD 20824 Robert M. Mumma, II Box F Grantham, PA 17027 Ro . Eyre , 5