HomeMy WebLinkAbout02-07-14 IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS OF
ROBERT M. MUMNIA, : CUMBERLAND COUNTY, PENNSYLVANIA
Decreased .
: ORPHANS' COURT DIVISION
: N0. 21-86-398
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IN RE: APPLICATION FOR AN EXTENSION OF TIME TO FI�AUDITU�'S � �
REPORT � a -n �'? ca
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AND NOW,the `7'�� day of February, 2014, comes Antho�%�d�; �Luc� ' -��
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Esquire,the Auditor appointed in the above captioned matter anc�,�ti�suant to Ri�g o
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8.2 of the Rules of the Orphan's Court, applies for an extension of time to file his
report based on the following:
1. On November 7, 2013,the Honorable J.Wesley Oler,Jr. appointed the
undersigned as Auditor in this matter.
2. The Order of Court, dated November 7, 2013,wherein the undersigned
was appointed Auditor directed said Auditor to conduct a hearing and
file a report to the Objections of Robert M. Mumma, II to Account of
Marital Trust for period July 18, 2010 to December 31, 2012, and
Accompanying Petition for Adjudication filed by Lisa M. Morgan,
Trustee on September 6, 2013 and Objections of Robert M. Mumma, II
to Account of Residuary Trust for period July 18, 2010 to December 31,
2012, and Accompanying Petition for Adjudication filed by Lisa M.
Morgan,Trustee on September 6, 2013.
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3. On or about October 30, 2013, Robert B. Eyre, Esquire, Counsel for
Robert M. Mumma, II filed a Petition to Withdraw as counsel for Robert
M. Mumma, II.
4. On November 1, 2013, an Order was issued conditionally granting the
request for leave to withdraw,effective upon Robert M. Mumma, II's
filing of a Consent to the withdrawal.
5. On December 13, 2013,this Honorable Court issued a Rule upon
Robert M. Mumma, II to show cause, if any he has,why the Petition to
Withdraw should not be granted. Said Rule was Returnable within 20
days of the date of this Order.
6. Said Rule also stated that in the event no timely answer in opposition
was filed to the Rule by Robert M. Mumma, II the Court would
entertain a Motion to make the Rule Absolute and would grant the
Petition to Withdraw.
7. The undersigned has not scheduled a hearing on said Objections due to
the pending Petition of Counsel for Robert M. Mumma, II to Withdraw.
8. Rule 8.2 of the Orphans' Court Rules states, in part, that"An auditor or
master shall file his report within 90 days after his appointment,
unless, upon application,the Court extends the time;..."
9. Due to the pending Petition to Withdraw by counsel for Robert M.
Mumma, II,the undersigned respectfully requests that the Court enter
an Order extending the time to present a report on the current
objections until sixty (60) days following the close of the Auditor's
Hearing{s) on the above objections.
10. The undersigned is prepared to schedule said Hearing(s) in a timely
manner upon the resolution of the issue to Withdraw as counsel for
Robert M. Mumma, II.
WHEREFORE,the undersigned Auditor respectfully requests that this
Honorable Court grant the extension of time to file a report in this matter until Sixty
(60) days following the close of Hearing(s) to said Objections.
Respectfully Submitted, , �
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Anthony L. DeLuca�squire/Auditor
113 Front Street
P.O. Box 358
Boiling Springs, Pennsylvania 17007
(717) 258-6844
Supreme Court ID#: 18067