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HomeMy WebLinkAbout10-30-13 (2) . • F�.�FILES\Clients\5844 Mumma Estate\5844.I9 Aceounts and Distribution Trusts\5844.19.Responses to Final Auditor Report 8.5.13\5844.19.reply to motion to adjourn.wpd Revised: 10/30/13 1�.56PM �:.'.'� Ivo V. Otto III, Esquire � `-•-' ,' � �`� LD. Number 27763 == `� " `=" George B. Faller, Jr., Esquire ,�' . ' �' � I.D. Number 49813 � ' � �'' ' ' c� Jennifer L. Spears, Esquire � r , I.D. Number 87445 � : MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER - " � MARTSON LAW OFFICES � ' �`� `'' 10 East High Street � ' � ' ;ti7 _,t Carlisle, PA 17013 � `�,' (717) 243-3341 iott(a�martsonlaw.com _fag ller(a�martsonlaw.com j spears(�martsonlaw.com Attorneys for Lisa M. Morgan : IN THE COURT OF COMMON PLEAS OF IN RE: ESTATE OF : CUMBERLAND COUNTY, PENNSYLVANIA ROBERT M. MUMMA : : ORPHANS' COURT DIVISION Deceased. : : N0. 21-86-398 REPLY OF LISA M. MORGAN TO MOTION TO ADJOURN OF ROBERT M. MUMMA, II 1-5. Admitted. 6. After reasonable investigation,Lisa M.Morgan is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph. It is specifically denied that an adjournment of the briefing and argument on the objections is necessitated, warranted or otherwise justified. 7-9. Lisa M. Morgan is without knowledge or information sufficient to form a belief as to the truth or falsity of these averments. Any implication, inference or allegation that additional time is warranted for the briefing and oral argument is denied. 10. Admitted. 11. Admitted that the request is so made.However,Lisa M.Morgan objects to any further delay in submitting briefs and conducting argument concerning the objections to the Auditor's Report, especially where the request is being made after the granting of a prior extension of time to file such objections, and now on the eve of a deadline for briefing, with the stated reason for the requested delay being the discharge by Robert M. Mumma, II, of his most recent attorney. � � . - 12. Denied. To the contrary, the history and context of this case demonstrate serial attempts to delay its resolution by virtue of Robert M. Mumma, II's repeated engagement and discharge of counsel in the midst of his functionally continuous pro se representation and consequent personal involvement in all aspects of the matter,not least the evidentiary hearings conducted over a period of some 40 days by the Auditor. 13. Denied. To the contrary, delaying the briefing and argument of the objections to the Auditor's Report will materially delay the progress toward resolution of the case. Good cause does not exist where the cause of the requested delay is discharge by Robert M.Mumma,II,of his current attorney. WHEREFORE, the undersigned request that this Court deny the Motion for Adjournment. MARTSON LAW OFFICES By Ivo V. Otto III, Esquire George B. Faller, Jr., Esquire Jennifer L. Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Brady L. Green, Esquire MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103-2921 (215) 963-5079 Attorneys for Lisa M. Morgan Date: October 30, 2013 � - CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent of Martson Deardarff Williams & Otto, hereby certify that a copy of the foregoing Reply of Lisa M. Morgan to Motion to Adjourn of Robert M. Mumma, II was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Robert B. Eyre, Esquire Foehl & Eyre, PC 27 East Front Street Media, PA 19063 Richard F. Rinaldo, Esquire Williams Coulson Johnson Lloyd Parker & Tedesco, LLC One Gateway Center, 16`h Floor Pittsburgh, PA 15222 Ms. Linda M. Mumma P.O. Box 30436 Bethesda, MD 20824 Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 MARTSON LAW OFFICES Tri a D. c nroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 10/30/13