HomeMy WebLinkAbout12-06-13 . � � , V
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Robert B. Eyre, Esquire Attorneys for Robert M. Mumma, II
I.D. No. 41990
Foehl & Eyre, P.C. � � �, ,�
27 East Front Street . � ° �� ;' �
Media, PA 19063 � � � � �%� �'
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610-566-5926 ` '`' r'�
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IN THE COURT OF COMMON PLEAS OF CUMB�LAI� �-�
'`� G J �j d
COUNTY, PENNSYLVANIA
In re: ESTATE OF ROBERT M. :
MUMMA, Deceased. : ORPHANS' COURT DIVISION
:
: No. 21-86-398
RESPONSE OF ROBERT B. EYRE, ESQUIRE, AS COUNSEL TO
ROBERT M. MUMMA II, TO RULE TO SHOW CAUSE IN RE:
PETITION TO INCLUDE IN THE RECORD RECENTLY
DISCOVERED INSURANCE DOCUMENTS
Robert B. Eyre, Esquire, as counsell for Robert M. Mumma, II, ("Mr. Mumma"),
hereby responds to this Court's Order of November 15, 2013 (the "November 15 Order to
Show Cause"), as follows:
1. On October 30, 2013, the undersigned filed a Petition to Withdraw as
Counsel (the "Petition to Withdraw") seeking leave for him and his firm to withdraw as
Mr. Mumma's counsel in the above Estate due, in part, to the express instructions of Mr.
Mumma that they withdraw so that Mr. Mumma could represent himself in the Estate. A
true and correct copy of the Petition to withdraw is attached hereto as Exhibit "A" and
incorporated herein by reference.
' As set forth below,the undersigned submits that Mr.Mumma's recent pro se submissions are sufficient
confirmation of his intention to represent himself to allow the withdraw of appearance by he undersigned
and his firm,already conditionally approved by this Court's Order of November 1,2013.
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2. On the same date, the undersigned, as counsel for Mr. Mumma, filed a
Motion on Behalf of Robert M. Mumma, II to Adjourn Dates for Briefing and Argument
of Objections to Auditor's Report (the "Motion to Adjourn Argument"), seeking to
adjourn the schedule for briefing and argument of certain previously filed Objections to
the August 7, 2013 Report of Auditor Joseph Buckley, Esquire (the "Auditor's Report").
A true and correct copy of the Motion to Adjourn Argument is attached hereto as Exhibit
"B" and incorporated herein by reference.
3. On November 1, 2013, the undersigned filed Supplemental Statements
concerning the position of other parties on both the Petition to Withdraw and Motion to
Adjourn Argument (the "Supplemental Statements"), true and correct copies of which are
attached hereto as Exhibit"C," and incorporated herein.
4. On November 1, 2013, this Court entered an Order In Re the Motion to
Adjourn and Petition to Withdraw (the "November 1 Order"), a true and correct copy of
which is attached hereto as Exhibit"D."
5. With respect to the Motion to Adjourn, the November 1 Order allowed a
one week extension of time (until November 8, 2013) for briefs on the Objections to the
Auditor's Report, but denied the request to adjourn the argument date of November 12,
2013.
6. With respect to the Petition to Withdraw, the November 1 Order
conditionally granted the request for leave to withdraw, as follows:
The request of Robert B. Eyre, Esq., and Foehl & Eyre,
P.C. to withdraw as counsel for Robert M. Mumma, II, in
this case in this court is granted, effective upon the client's
filing of a consent to the withdrawal in light of the court's
denial of the request for a continuance of the [November
12, 2013 argument on the Objections]; in the absence of
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such a filing by the client, the representation shall continue
through the argument without prejudice to counsel's right
to file a request to withdraw thereafter...
(November 1 Order at 9(2)
7. As of November 8, 2013, no "consent to withdraw" was filed by Mr.
Mumma in accordance with the Court's November 1 Order, but the undersigned had
received a draft brief from Mr. Mumma with a request that it be filed as his brief on the
Objections. The draft brief included additional information from Mr. Mumma
concerning his inability to participate in the argument on November 12 due to his
hospitalization for surgery. These facts were reported to the Court and made the basis of
a renewed request to adjourn the November 12 argument, as set forth in a Motion for
Reconsideration of the November 1 Order filed by the undersigned on November 8,
2013. A true and correct copy of the Motion for Reconsideration is attached hereto as
Exhibit"E" and incorporated herein by reference.
8. In accordance with the Court's November 1 Order, the undersigned filed a
brief on the Objections to Auditor's Report, also attaching the draft brief of provided by
Mr. Mumma, and appeared and argued the Objections before the Court on November 12,
2013.
9. At the November 12, argument, it was reported by counsel for Barbara K.
Mumma) and counsel for Trustee, Lisa Morgan, that Mr. Mumma had in fact filed his
own brief on the Objections as well as the Petition To Include In The Record Recently
Discovered Insurance Document (herein, the "Pro se Petition") which is the subject of
the Court's November 15 Order to Show Cause.
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10. As reported at the argument on November 12, 2013, the undersigned was
not aware that Mr. Mumma filed the Pro se Petition or his own brief on the Objections,
but did continue to believe and represent his understanding that Mr. Mumma desired and
intended the undersigned to withdraw as counsel and to represent himself in the Estate,
but was unable to appear or participate in assisting counsel in these proceedings due to
his hospitalization.
11. The undersigned still has not received the Pro se Petition or other papers
filed by Mr. Mumma,pro se, on November 8.
12. The undersigned received a telephone call from Mr. Mumma yesterday.
This was the first conversation the undersigned has had with Mr. Mumma since October.
13. In this conversation, Mr. Mumma authorized the undersigned to advise the
Court that he was no longer hospitalized, but was still recovering from his surgery and
unable to participate in these proceedings until January.
14. Mr. Mumma also indicated he had not received a copy of this Court's
November 1 Order to Show Cause.
15. Based on the foregoing, it is submitted that Mr. Mumma has made clear
his intention and desire to represent himself in this Estate and that the undersigned not
represent him. �
16. The recent Pro se filings by Mr. Mumma, including the Pro se Petition are
a sufficient manifestation of this intent, and the substantive equivalent of a consent to the
undersigned's withdraw.
17. The concern underlying the condition of a filed consent to withdraw set
forth in the November 1 Order—that Mr. Mumma would be unrepresented at the
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argument on November 12—is moot as the undersigned appeared and discharged his
obligation to represent Mr. Mumma through that argument.
18. Based on the foregoing the Petition to Withdraw should be deemed
granted and Mr. Mumma allowed to represent himself in this Estate.
19. To the extent that this Court's November 1 Order granting leave was
conditioned on a subsequent request by counsel, the undersigned hereby makes that
request, believing same to be consistent with the intention and desire of Mr. Mumma and
otherwise necessary and appropriate forth in the Petition to Withdraw.
20. Based on the foregoing, it is submitted that the Mr. Mumma should be
permitted to represent himself in this matter and his Pro Se Petition should accordingly
be accepted by this Court, with this court scheduling depositions and argument pursuant
to Pa.R.C.P. No. 206.7 in the event any opposition is filed. This would allow for the
Petition to be disposed of on the merits in the ordinary course and accommodate Mr.
Mumma's need to recover from his surgery.
WHEREFORE, it is respectfully requested that this Court enter on Order
accepting the Pro se Petition and, in the event of any opposition being filed to same, set a
schedule for depositions and argument pursuant to Pa.R.C.P. No. 2 6.7.
Dated: December 5, 2013
Robert yre, Esquire
Foehl Eyre, P.C.
27 East Front Street
Media, PA 19063
610-566-5926
Attorneys for Robert M. Mumma, II
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VERIFICATION
I, Robert B. Eyre, Esquire, verify that that the facts set forth in the foregoing
response are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. Cons.
Stat. Ann. Sec. 4904, relating to unsworn falsification to authorities.
Date: ���jL'���
ert B. Eyre, Esquire
6
CERTIFICATE AND PROOF OF SERVICE
I hereby certify that a true and correct copy of the foregoing Response has been served by
first-class United States mail, postage prepaid, and via email, this 5`� day of December,
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
31S`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
Anthony DeLuca, esquire
113 Front Street
Boling Springs, PA 17007
Jospeh D. Buckley, esquire
1237 Holly Pike
Carlisle PA 17013
_ .___._._
Robert B yre
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THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
In re: ESTATE OF RUBERT M. :
MUMMA, Deceased. : URPHANS' COURT DIVISION
:
: No. 21-86-398
RULE TO SHOW CAUSE
AND NO W,this day of ,2013,upon consideration
of the Petition Of Rabert B. Eyre, Esquire and Foehl&Eyre,P.C. To Withdraw As
Couxtsel To Rabert M. Mumma,II,the Court grants a rule to show cause why the Robert
B. Eyre,Esquire and Foehl&Eyre,P.C. should not be permitted to withdraw as counsel
in this matter.
Rule returnable on ,2013 at a.m.,in Courtroom
, Cumberland County Courthouse, Carlisle,Pennsylvania.
BY THE COURT:
J.
IN THE COURT OF C4MMUN PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
In re: ESTATE OF ROBERT M. :
117iTMMA, Deceased. : ORPHANS' COURT DIVISION
: �
: No. 21-86-398
ORDER
AND NOW,this day of ,2013,upon consideration
of the Petition Of Robert B.Eyre,Esquire and Foehl&Eyre,P.C. To Withdravc�As
Counsel To Robert M. Mumma, II,it is hereby ORDERED AND DECREED that Robert
B. Eyre, Esquire and Foehl&Eyre,P.C. be permitted to withdraw and are hereby
deemed to have withdrawn as counsel for Robert M. Mumma II in this matter.
BY THE COURT:
J.
Robert B. Eyre, Esquire Attorneys for Robert M. Mumma, II
I.D. No. 41990
Foehl & Eyre, P.C.
27 East Front Street
Media,PA 19063
610-566-5926
IN THE COURT UF CUMMON PLEAS OF CUMBERLAND
�CUIJN'I'YS FE?�?NSYLVANIA
In re: ESTATE OF ROBERT M. :
MUMMA, Deceased. : ORPHANS' C4URT DIVISION
:
: No. 21-86-398
PETITION OF ROBERT B. EYRE. ESQUIl2E_AND F�EHL & EYRE,
P.C. TO WITHDRAW AS COUNSEL TO R4BERT M. MUNIlVIA,II
Robert B. Eyre, Esquire ("Petitioner"), on his own behalf, for kus firm, Foehl &
Eyre, P.C. and their client, Robert M. Mumma, II, ("Mr. Mumma"}, hereby petitions this
Honorable Court for leave to withdraw as counsel in the above matter, and in support
thereof states the following:
l. Petitioner entered his appearance as counsel for Mr. Mumma on May 31,
2413.
2. Mr. Mumma has been represented hy other counsel in the past, but has
appeared pro se throughout much of the 27 year history of this case.
3. An Auditor's Report was filed by the Court's appointed auditor,3oseph 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.
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Mr. Mumma represented himself in those audit proceedings, all pre-dating Petitioner's
entry of appearance.
4. On Mr. Mumma's behalf, Petitioner filed Objections to the August 7,2013
Auditor's Report on September 18,2013.
5. On October 4, 2013, this Court issued an Oxder (entered October 7)
scheduling argument on the Objections to the Auditor's Report for November 12, 2013,
and requiring briefs to be filed by November 1.
6. Petitioner's relationship with Mr. Mumrna has become increasingly
strained in the last month.
7. Late last week, Mr. Mumma advised Petitioner that he desired to prepare
for and azgue the Objections himself and instructed Petitioner to withdraw as his counsel
in this Estate.
8. Petitioner has not been able to obtain Mr. Mu�runa's agreement to the
speci�c form or content of a Petition to withdraw as counsel, but Mr. Mumma made it
clear as late as yesterday that he desired and intended Petitioner to withdraw as his
counsel.
9. Mr. Mumma's instruction that Petitioner withdraw requires the
undersigned to withdraw and constitutes good cause under Pexu�sylvania Rule of Civil
Pracedure 1012(b) and Rule 1.16(a){3) of the Pennsylvania Rules of Professional
Conduct{"RPC") for the Petitioner's withdrawal.
10. Alternatively, and in addition, good cause exists for withdra.w under RPC
1.16 (4), (5}, {6) and{7), because, inter alia, the relationship between Petitioner and Mr.
Mumma has now deteriorated to the point that they are unable to agree on matters
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fundamental to the conduct of the case and continuation of the representation will result
in unreasonable financial burden and difficulty for Petitioner.�
11. In light of the lengthy history of this case, including the history of Mr.
Mumma's pYO se status and his discharge of Petitioner, submits there is no material
prejudice to Mr. Mumma in allowing Petitioner's withdrawal and that the Mr. Mumma
should be permitted to resume his pro se status or engage other counsel in these
pr��sedings.
WHEREFORE, Petitioner requests #his Court (i) issue a Rule to Show Cause on
the Petition to Withdraw as counsel; (ii} pertnit Petitioner and Foehl & Eyre, P.C. to
withdraw as counsel and/or(iii) grant such other relief as this Court deems equitable and
just.
Dated: October 29, 2013
Robert B re,Esquire
Foehl yre,P.C.
27 East Front Street
Media,PA 19063
610-566-5926
Attorneys for Robert M. Mumma,II
'Petitioner reserves the right to supplement this Petition with respect to these altemative grounds if
appropriate.
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VERIFICATION
I, Robert B. Eyre, Esquire, Petitioner in the foregoing Petition to Withdraw as
Counsel, verify that that the statements made in the Petition are true and correct to the
best of my knowledge, information and belief. I ur�derstand that false statements herein
aze made subject to the penalties of 18 Pa. Cons. Sta,t. Ann. Sec. 4904, relating to
unsworn falsification to authorities.
Date: �� ��
ert B. Eyre,Esquire
4
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, this 30th day of October, 2013, on the
following:
Ivo V. Otto, N,Esquire
George B. Faller, Esquire
J�ruufer I.. Speaxs,Esquire
Martson Law Offices
10 East High Street
Carlisle,PA 17013
Brady L. Green,Esquire
Wilbraham Lawler&Buba
31St Floor
1818 Mazket Street
Philadelphia,PA 19l 03
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
Crrantham,PA 17Q27
Robe .Eyre
Co sel for Robert M. Mumma, II
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IN T�IE COURT �F COMMON PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
In re: ESTATE OF ROBERT M. :
MUMMA, Deceased. : ORPHAN5' COURT DIVISION
:
: No. 21-86-398
ORDER RESCHEDULING BRIEFS AND ARGUMENT ON
OBJECTIONS TO AUDITOR'S REPORT
AND NOW,this day of ,2013,upan consideration
of the Motion on Behalf of Robert M. Mumma, II to Adjourn Dates for Briefs and
Argument of Objections ta Auditor's Report("Motion"),it is hereby ORDERED AND
DECREED that the Motion is GRANTED this Court's Order of October 4(entered
October 7),2013 is modified to aliow until , for briefs on the pending
Objections to the Auditor's Report of August 7,2413, and argument is hereby
rescheduled to , in Courtroom ,Cumberland County Courthouse.
BY THE COURT:
J.
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Robert B. Eyre, Esquire Attorneys for Robert M. Mumma, II
I.D. No. 41990
Foehl & Eyre, P.C.
27 East Front Street
Media, PA 190b3
610-566-5926
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUN�'Y, PE1�N�Y�.V�P•TI�
In re: ESTATE OF ROBERT M. :
MUMMA, Deceased. : ORPHANS' COURT DIVISIUN
:
: No. 21-86-398
MOTION ON BEHALF 4F ROBERT M.1�'IUMMA II TO ADJOURN
DATES FUR BRIEFING AND ARGUMENT OF
OBJECTIONS T4 AUDITOR'S REPORT
Robert B. Eyre, Esquire, as counsel for Robert M. Mumma, II, ("Mr. Murnma"),
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
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Mr. Mumma represented himsetf 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.Mumrna's behalf on September 18,2013.
5. On October 4, 2013, this Court issued an Order (entered October 7)
scheduling argu�ment on the Objecrions to the Auditor's Report for November 12, 2013,
a.nd 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 necessitating an adjournment of the briefmg
and argument on the Obj ections.
7. Qn Thursday of last week, Mr. Mwnma advised the undersigned that he
desired to argue the Objections himself and to represent himself in futuxe proceedings
before this Court; and instructed the undersigned withdraw as his counsel in this matter.
8, At the same time, Mr. Mununa advised the undersigned that from 4ctober
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
u.ndersigrxed 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 argurnent of
Objections, or a Petition to withdraw as counsel, but Mr. Mumma has made it clear as
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late as yesterday that he needs the adjournment and in#ends the undersigned to withdraw
as his counsel.
1 Q. Contemporaneous with this Petition, the undersigned is filing a Petition to
Withdraw as Mr. Mumrna's counsel.
11. Based on the foregoing, the undersigned requests that the schedule for
briefing and azgument of the Objections to the Auditor's Report be adjourned until at
:east I�ecer:iber 13, 2013 f�r submissien af�riefs and �rgu.ment on a date convenient to
the Court thereafter, and possibly longer depending on Mr. Mumma's medical condition
and the status of the Petirion 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 4rder in the form
submitted with this Motion,re-scheduling argument 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 29,2Q13
Robert . re,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. Murnma, II, verify that that the
statements made in the Motion are true and correct to the best of my tcnowledge,
information and 6elief. I understand that false statements herein are made subject to the
penalties of 18 Pa. Cons. Stat. Ann. Sec. 4904, relatiag 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 States 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
Bra.dy L. Green,Esquire
Wilbraham Lawler& Buba
31 St Floor
1818 Mazket Street
Philadelphia,PA 19103
Richard F. Rinaldo
Williams Coulson,LLC
16�'Fioor,One Gateway Center
Pittsburgh,PA 15222
Ms. Linda M. Mumrna,
P.O. Box 30436
Bethesda,MD 20824
Robert M. Mumma, II
Box F
Grantham,PA 17027
Ro . Eyre
5
Robert B. Eyre, Esquire Attorneys for Robert M. Mumma, II
I.D. No. 41990
Foehl & Eyre, P.C.
27 East Front Street
Media, PA 19063
610-566-5926
IN THE COURT OF COMMON PLEA5 OF CUMBERLAND
COUNTY, PENNSYLVANIA
In re: ESTATE OF ROBERT M. :
Mi7MMA,Deceased. : ORPHANS' C4URT DIVISION
:
: No. 21-86-398
SUPPLEMENTAL STATEMENT ON MOTION ON BEHALF OF
ROBERT M. MUMMA, II TO A.DJOURN DATES FOR
BRIEFING AND ARGUMENT OF
OBJECTIONS TO AUDITOR'S REPORT
Robert B. Eyre, Esquire Robert B. Eyre, Esquire, as counsel for Robert M.
Mumma, II, ("Mr. Mumma"), hereby supplements the Motion on Belialf of Robert M.
Murnma, II to Adjourn Dates for Briefing and Argument of Objections to the Auditor's
Report("Motion")as follows:
1. Petitioner filed the Motion in the above matter on October 30,2013.
2. Petitioner was advised to supplement the Motion and contemporaneous
Petition of Robert B. Eyre, Esquire and Foehl & Eyre, P.C. to Withdraw as Counsel
{"Petition for Withdrawal") with a sta.tement concerning the position of the other parties
on same.
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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:
a. Lisa Margan, through counsel, has filed a written response to the Motian,
that the undersigned interprets as follows: Lisa Morgan objects to any
delay in the proceedings.
b. Counsel for Bazbara Mumma, Richard Rinaldo, Esquire, has advised that
he "consent[s] to the adjaurnment of the briefing and argumant 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 repart her
position on the matter.
4. The undersigned is filing a separate Supplemental Statement concerning
the position of the other parties on the contemporaneous Petition for Withdrawal. Since
the objection of Lisa Morgan to the Motion refers to the Petition for Withdraw, the
undersigned desires to comment briefly on the relationship of the two.
5. While the circumstances behind Petitioner's request to withd.raw 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 Adjoum
is supported by additional cause: the difficulty of the undersigned,given the magnitude of
the task, his workload and limited stafFng, to complete the project, and Mr. Mumma's
report that he is unavailable on and after today for medical reasons.
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6. It is important to resolve the Objections to the Auditor's Report and move
the administration of this Estate forward towaxd conclusion. But given the time it has
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' tion.
Dated: Octobe�31, 2013
Rabert yre,Esquire
Foehl Eyre,P.C.
27 East Front Street
Media, PA 19063
61Q-566-5926
Attomeys for Robert M. Munnma,II
3
CERTIF`ICATE AND PROOF OF SERVICE
I hereby certify that a true and correct copy of the foregoing Supptemental Statement has
been served by first-class United States mait,postage prepaid,and via email,this 315�day
of October,2413,on the following:
Ivo V. Otto, IV,Esquire
George B.Faller, Esquire
Jenniier L. Speaxs, Esquirz
Martson Law Offices
10 East High Street
Carlisle,PA 17013
Brady L. Green,Esquire
Wilbraham Lawler&Buba
31 St Floor
1 S 18 Market Street
Philadelphia, FA 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 ert B yre
Coun for Robert M. Mumma,II
4
Robert B. Eyre, Esquire Attorneys for Robert M. Mumma, II
I.D. No. 41990
Foehl & Eyre, P.C.
27 East Front Street
Media, PA 19063
610-566-5926
IN THE COURT QF COMMON PLEAS OF CUMBERLAND
CQUNTY, PENNSYLVANIA
In re: ESTATE OF ROBERT M. :
MiTMMA, 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 T4 R4BERT M. MUNIlVIA, II
Robert B. Eyre, Esquire ("Petitioner"), on his own behalf, for his firm, 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 staternent:
l. Petitioner fiied the Petition in the above matter on October 30,2013.
2. Petitioner was advised to supplerr�ent the Petition and contemporaneous
Motion on Behalf of Robert M. Mumma, II to Adjourn Dates for Briefing and Argument
of Objections to t12e Auditor's Repart ("Morion"), with a statement concerning the
position of the other parties on same.
3. Via email sent yesterday #o 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
tha# 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 Barbaxa Mwmma, R.ichard Rinaldo, Esquire, has advised that
his client "consent[s] to the adjournment of the brie6ng and argument of
the objections in order to give Mr. Mumrna 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 Mumtna 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 compeliing reasons for the request for adjournment of the
briefmg and argument af 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 a.nd limited sta�"ing, 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
2
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANYA
In re: ESTATE OF ROBERT M. :
MLTMMA, Deceased. : O.RPHANS' COURT DIVISION
:
: No. 21-86-398
ORDER RESCHEDULING BRIEFS AND ARGUMENT O1V
OBJECTIONS TO AUDITOR'S REPORT
AND N�W,this day of ,2013,upon consideration
of the Motion far Reconsidetation of this Court's November l,2013 Order concerning
the Mation on Behalf of Robert M. Mumma, II to Adjourn Dates for Briefs and
Argument of Objections to Auditor's Report, it is hereby ORDERED AND DECREED
tha.t the Motion for Reconsideration is GRANTED and this Court's Order of November
1,2013 is modified to allow until , for briefs on the pending Objections
to the Auditor's Report of August 7,2013, and argument is hereby rescheduled to
,in Courtroom�Cumberland Couniy Courthouse.
BY THE COURT:
J.
IN RE:ESTATE OF ROBERT : IN THE COURT OF COMMON PLEAS OF
M.MUMMA, : CUMBERLAND COUNTY, PENNSYLVANIA
Deceased : 4RPHAN5' COURT DIVISION
: N0. 21-86-398
IN RE: MOTION ON BEHALF OF ROBERT M.MUMMA,II
TO ADJOURN DATES FOR BRIEFING AND ARGUMENT
�F OBJECTIQNS TU AUDITOR'S REPORT; SUPPLEMENTAL
STATEMENT ON M4TION ON BEHALF OF ROBERT M.
MUMMA,II TO ADJOURN DATES FOR BRIEFING AND
ARGUMENT OF QBJECTIONS TO AUDIT4R'S REPORT;
PETITION OF ROBERT B, EYRE,ESQUIRE AND F4EHL
& EYRE,P.C. TO WITHDRAW AS C4UNSTL TO R4BERT
M.MUMMA,II; and SUPPLEMENTAL STATEMENT 4N
BEHALF OF RQBERT B. EYRE,ESQUIItE AND FOEHL d�
EYRE,F.C.TO WITHDRAW AS COUNSEL TU ROBERT M.
MUlVIl1ZA,II
OR�3ER OF COURT
AND NOW, ttus Ist day of November, 2013, upon consideration of the above
- filings, as well as the Repiy of Lisa 1VI. Morgan To Motion To Adjoum of Robert M.
Mumma, II, it is ordered and directed as foliows:
1. The request to reschedule the argument on object�ons to the
auditor's report is denied;however, briefs may be submitted as late as
Frid�.y, November 8,2013;
2. The request of Robert B. Eyre, Esq., and Foehl& Eyre, P.C., to
withdraw as counsel for Robert M. Mumma, II, in this case in this
court is granted, effective upon the client's :�ling a consent to the
withdrawal in light of the court's denial af the request for ;$,
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continua,nce of the argument; in the absence of such � $;�g by tl� t t� �-,
. � r�7 '�•�- G? r,•7
CTJ .-.; C_� _.' �
client, the representation shall continue through the argutq��;`'.vraitho� �; �:s
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prejudice to counsel's right to file a request to withdrav���,.,,t�i���fter; �:� �;
Artld �� �; _., _:� -��� -��
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3. Nothing in this order is inte�nded to affect counsel's
representahan of the client in tnatters pending in other courts,
including the Pennsylvania Superior Court, where se�eral appeals of
rutings by this court in. thi� estate xre pending. See, e.g,, appeals
docketed at Nos. 1003 MDA 2013, 1027 MDA 2013, 1028 MDA
2013, and 1222 MDA 20i3 (Pa. Super. Ct.).
BY THE C�URT,
/ � I
� 6 .
. . Wesley O Jr., S.J.
Joseph D. Buckiey, Esq.
1237 Holly Pike
Carlisie, PA 170i3
Auditor
Robert B. Eyre, Esq.
2'7 East Front Street
Media, PA 19063
Attorney for Robert M. Mumma, II
Ivo V. Otto, IV, Esq.
George B. Faller, Esq.
Jennifer L. Spears, Esq.
10 East High Street
Cazlisle, PA 17013 .
Attorneys for Lisa M. Morgan
Brady L. Green, Esq.
Suite 3100
1818 Market Street
Ph.i�adelphia, PA 19103
Attorney for Lisa M. Morgan
Richard F. .Rinaldo, Esq.
I6th Floor
One Gateway Center
Pittsburgh, PA 15222
Attorney£or Barbara M. Mumma
.s� .
Linda Mann Mumma
P.Q. Box 3Q436
Bethesda, MD 20824 -
Pro Se
Robert M. Mumma, II
Box F
Grantham, PA 17027
Iy\ ♦
� � � �
�, .
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
ORDER RESCHEDULING BRIEFS AND ARGUMENT O1V
OBJECTIOATS TO AUDITOR'S REPORT
AND NOW,this day of ,2013,upon consideration
of the Motion far Reconsideration of this Court's November l,2013 Qrder concerning
tl�e Motion on Behalf of Robert M. Mumma, II to Adjouru Dates for Briefs and
Argament of Objections to Auditor's Report, it is hereby ORDERED AND DECREED
that the Motion for Reconsiderarion is GRANTED and this Court's Order of November
l,2013 is modified to allow until , for briefs on the pend.ing 4bjections
ta the Auditor's Report of August 7,2013, and argument is hereby rescheduied to
,in Courtroom ,CumberIand County Courthouse.
BY THE COURT:
J.
♦;. .
. �
Robert B. Eyre, Esquire Attorneys for Robert M. Mumma, II
I.D. No. 41990
Foehl &Eyre, P.C.
27 East Front Street
Media, PA 19063 �
610-56b-592b
IN THE COURT OF COMMON PLEAS QF CUMBERLAND
C4UNTY, PENNSYLVArTIA
In re: ESTATE OF ROBERT M. :
MiTMMA, Deceased. : ORPHANS' COURT DIVISIUN
:
: No. 21-86-398
MOTIUN FOR RECUlvISD�RATION QF ORDER OF NOVEMBER
1"2013 DENYING !IN PART)MOTIUN ON BEHALF OF ROBERT
M. MUMMA. II TO ADJOURN DATES FQR BRIEFING AND •
ARGUMENT OF OBJECTIONS TO AUDITOR'S REPURT
Robert B. Eyre, Esquire, as counsel for Robert M. Mumma, II, ("NIr. Mumma"),
hereby requests this Court to reconsider its Qrder of November 1, 2013 ("November 1
Order"),denying in part the Motion on Behalf of Robert M.Mumma, II to Adjourn Dates
for Briefing and Argument of Objections to the Auditor's Report("Motion to Adjourn"),
filed on October 30,2013, and in support thereof states as follows:
1. Petitioner filed the Motion to Adjourn in the above matter on October 30,
2Q13.
2. Petitioner was advised to supplement the Motion and contemporaneous
Petition of Robert B. Eyre, Esquire and Foehl &c Eyre, P.C. to Withdraw as Counsel
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("Petition to Withdraw") wzth a statement concerning the position of the other parties on
same, and did sa on October 31,2013.
3. The Motion to Adjourn and Petition to Withdraw are hereby incorporated
by reference herein.
4•. On November 1, 2013, this Court issued an Order substantially denying
the Motion to Adjourn (aliowing an additionaI week for briefs, but not adjourning the
argument) and granting the Petition to Withdra.w on the condition that a consent be filed
by Mr. Mumma to#he s�.me.
5. The undersigned. has received no further cansent from Mr. Mumma, and
has not had any direct communication with him other than a document entitled Brief of
Robert M. Mumma, TI in the Estate of Robert M. Mumma in Opposition to the Report of
Auditor Joseph Buckley{the"CIient Brief'),with a request that the undersigned fi1e it for
him.
6. The Client Brief is being included as Exhibit "A" to the undersigned's
Brief on Behalf of Robert M. Mumma, II in Support af Objections to the Auditor's
Report of August 7, 2013, and in Further Support af Motion for Adjournment of Briefing
and Argument. It is mentioned here because it includes additional information relevant to
tha reconsideration of the Motion for Adjournment that the undersigned believes he is
compelled to bring to the attention of the Court, here quoting directly from the
concluding paragraph of the Client Brief
I believe that tU.e Court is tota.11y unfair in not granting our
request for an extensiQn of time until early January. The
Auditor was granted 20 months worth of extensions.
Likewise I will not be abte to argue on the 12th since I
witl not be out of the hospital. I expected Lisa Morgan
ta object but believe it is demeaning of the Court to
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expect a party to forego a necessary tifesaving operation
or loose their apportunity for a full aad fair hearing.
This is particularly txue where there is no schedule for
heaxing the objections ta the Fifth accounts and the
Auditor's intern reports are the subject of the Superior
Cowrt Appeals.
(Emphasis a.dded}
7. The undersigned was aware of some vf these details when the Motion for
Adjournment was filed, but did not have clear authorization from Mr.Mumma to disclose
anything more than the fact that he (Mr. Mumma) had reported he was unavaitable for
medicat reasons. That lack of clarity may itself have been the result af Mr. Mumma's
condition and the strained retations between him and fhe undersigned reported in the
Petition to Withclraw. The undersigned was not comfortable disclosing more about his
client's medical condition than that which Mr. Mumma ha.d expressly authorized.
8. Since Mr. Mumma has expressly authorized the filing of the Client Brief,
and in it discloses that he will actually be hospitalized on November I2 for a necessary
lifesaving aperation, the undersigned believes it is not only necessary that the Court be
advised of them,but that the undersigned also advise the Court that this is consistent with
what he was told previously by Mr. Mumma.
9. The undersigned remains hesitant to disclose more details about a client's
private medical situation without more explicit authorization, but consistent with the
information now d.isclosed in the Cliant Brief, the undersigned believes it is appropriate
to confirm that medical reasons reported to him previously and referred to in the Motion
to Adjourn included that Mr. Mumma was to undergo a very serious surgical praceduxe
to treat a life threatening condition, that he would be hospitalized sometime in early
November and that he may not recover fully until January.
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10. The undersigned can also report that he understands that Mr. Mumma is in
the hospital as of sometime this week and is not taking calls or email at this time.
11. The Motion to Adjourn, it is submitted, was already supported by good
cause, including the difficulty of completing a brie£ in the time allowed given the
magnitude of the task, the worlcload and limited staffing of the undersigned, Mr:
Mumma's report tha# he was unavailable for medical reasons and the circumstances set
forth in a contemporaneous(October 29,2013)Petition of the undersigned.
12. �nly th� Trust�e, Lisa 141crgar:, obje�ted to t::e re�4este� a3j:,ta:,���t,
objecting to "further delay" but suggesting no particular prejudice that would occur
thereby.
13. It was not reasonable to expect the completion of objections ar briefs in
the time allowed by this Court. It took nine years for the appointment of an auditor far
the Audit Report to be submitted. Numerous extensions were allowed to the present
Auditor (the undersigned has counted six in the docket since March of 2009). It is
difficult, because of the number and sequence of accounts involved, to convert these
� extensions into a single calculation of additional time given the Auditor, but the last
hearing referred to in the Report was June 22, 2011—more than two years before tlze
Report was finally issued. Based on that, Mr. Mumma's assertion (in the Client Brie� of
20 months of extensions allowed the Auditor is conservative.
14. Because of the time-span involved, and Mr. Mumma's pYO se appeazance
before the Auditor, it was and is essential that he be involved in the preparation of the
brief and ha.ve the time, himseif, to retrieve information from a record that, using the
dates of the hearings in the Auditor's Report, covered ,over 40 days and includes
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conducted over four years ago. Accompiishing this was already impracticable, but
became impossible in fihe last two weeks.
� I5. Given the additional details now disclosed including fihe fact that Mr.
Mumma is believed to be hospitalized for a serious medical condition and will still be in
the hospital on November 12, it is submitted that the argument af November 12 must be
adjourned.
16. Separately, it is submitted that the pendency of appeats concerning interim
renorts of the same Attditor and present�ng issu.F'.13:C`J.'Y'�iI�3CY;a.'1C�:re.:t:ic���y inte�vine:
with the issues presented in the Auditor's Report of August 7,2013, divests this Court of
jurisdiction to proceed an the Objections at this #ime, a subject addressed in the Brief
being submitted contemporaneously on the Objections and this Motion.
WHEREFORE, it is respectfully requested that this Court reconsider its
November 1, 2013 Order and enter and Order further adjou ' g the briefing and
argtiment of the Obj ections.
Dated.:November 7,2013
� Robert B. re,Esquire
Foehl yre,P.C.
27 Ea Front Street
Media,PA 14063
610-566-5926
Attorneys for Robert M. Mumma, II
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CERTIFICATE AND PROQF 4F SERVICE
I hereby certify that a true and correct copy of the foregoing Motion has been served by
first-class United States mai1, postage prepaid, and via email, this 7�' da.y of October,
2Q13, on the following:
Ivo V. Otto,IV,Esquire
George B. Faller,Esquire
Jennifer L. Speazs,Esquire
Martsen Law�J�ces
10 East High Street
Carlisie,PA 17413
Brady L. Green,Esquire
Wilbraham Lawler& Buba
3 I S�Floor
1818 Market Street
Philadeiphia,PA 19103
Richard F. Rinaldo
Wiltiams Coulson,LLC
1 b�' Floor,One Gateway Center
Pittsburgh,PA 15222
Ms. Linda M. Mumma,
P.O.Box 30436
Bethesda, MD 20824
Robert M. Mumma, II
Bax F
Crrantham,PA 17027
Robert B,E
Counsel f obert M. Mumma, II
6