HomeMy WebLinkAbout11-04-13 (2) Robert B. Eyre, Esquire Attorneys for Robert M. Mumma, II
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IN THE COURT OF COMMON PLEAS OF CUMB�RLAN� �'�' �
COUNTY, PENNSYLVANIA
In re: ESTATE OF ROBERT M. .
MUMMA, Deceased. : ORPHANS' COURT DIVISION
: No. 21-86-398
SUPPLEMENTAL STATEMENT ON PETITION OF ROBERT B.
EYRE, ESQUIRE AND FOEHL & EYRE, P.C. TO WITHDRAW AS
COUNSEL TO ROBERT M. MUMMA, II
Robert B. Eyre, Esquire ("Petitioner"), on his own behalf, for his firtn, Foehl &
Eyre, P.C. and their client, Robert M. Mumma, II, ("Mr. Mumma"), hereby supplements
his Petition to Withdraw as Counsel (the "Petition") with the following statement:
1. Petitioner filed the Petition in the above matter on October 30, 2013.
2. Petitioner was advised to supplement the Petition and contemporaneous
Motion on Behalf of Robert M. Mumma, II to Adjourn Dates for Briefing and Argument
of Objections to the Auditor's Report ("Motion"), with a statement concerning the
position of the other parties on same.
3. Via email sent yesterday to the parties or their counsel, the undersigned
has requested the position of the other parties with respect to the Motion, and can advise
the Court of the following:
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a. Lisa Morgan, through counsel, has filed a written response to the Petition
that the undersigned interprets as follows: Lisa Morgan does not object
to Petitioner's withdrawal as counsel, but would object to any delay in the
proceedings.
b. Counsel for Barbara Mumma, Richard Rinaldo, Esquire, has advised that
his client "consent[s] to the adjournment of the briefing and argument of
the objections in order to give Mr. Mumma a reasonable opportunity to
either engage other counsel or to file a brief pro se."
c. The undersigned has no reply to his email from Linda Mumma and has
not been able to find a telephone number for her, so cannot report her
position on the matter.
4. The undersigned is filing a separate Supplemental Statement concerning
the position of the other parties on the contemporaneous Motion to Adjourn, but since the
response of Lisa Morgan to the Petition refers to the relief sought in the Motion, the
undersigned will comment briefly on the relationship of the two.
5. While the circumstances behind Petitioner's request to withdraw as
counsel are relevant, even compelling reasons for the request for adjournment of the
briefing and argument of the Objections to the Auditor's Report, the Motion to Adjourn
is supported by additional cause: the difficulty of the undersigned, given the magnitude of
the task, his workload and limited staffing, to complete the project, and Mr. Mumma's
report that he is unavailable on and after today for medical reasons.
6. It is important to resolve the Objections to the Auditor's Report and move
the administration of this Estate forward toward conclusion, but given the time it has
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taken to get to this climactic point, and the obvious importance of Mr. Mumma's full
participation in the adjudication of his Objections, it is respectfully submitted that
allowing some additional time for Mr. Mumma to do so is not only fair and equitable, but
best for the procedural and substantive integrity of the final adjud' a ion.
Dated: October 31, 2013
Robert B. Ey , Esquire
Foehl & e, P.C.
27 East ront Street
Media, PA 19063
610-566-5926
Attorneys for Robert M. Mumma, II
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CERTIFICATE AND PROOF OF SERVICE
I hereby certify that a true and correct copy of the foregoing Petition has been served by
first-class United States mail, postage prepaid, and via email, this 31 St day of October,
2013, 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
16th 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
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Robe . Eyre
Co risel for Robert M. Mumma, II
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