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Home My WebLink About07-31-14 IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS ROBERT M. MUMMA, : OF CUMBERLAND COUNTY, DECEASED : PENNSYLVANIA : 21-86-398 ORPHANS' COi�� ."� .�,-, � -'-';-�' L.. r*-�C-' L17�' � �;��, `T7?T- . I_ �=� _1� �1.- j:_.. �7 `--, - �-, �� r - G'� IN RE: MOTION TO VACATE APPOINTMENT OF AUDI'F�- �""{ , � , r ; O�' `� _`� :.�::: ORDER OF COURT D�--` °J �—n� cn ..�, � AND NOW, this 31 S`day of July, 2014, upon consideration of the "Motion of Barbara M. Mumma Pursuant to 20 Pa. C.S. §35ll for an Order That the Accounts Filed by the Trustee, Lisa M. Morgan, in the Above-Captioned Matter for the Period July 18, 2010 through December 31, 2012 Be Examined and Audited by the Court Itself in the First Instance, and Not by the Newly- Appointed Auditor," and it appearing (a) that the auditor had commenced work upon his assignment prior to the filing of the motion,� (b) that the motion�is predicated upon a statute applicable to counties having a "separate orphans' court division,"2 (c) that Cumberland County is not among the enumerated counties having a separate orphans' court division as that term is used by the legislature,3 and (d) that the corresponding statute applicable to counties such as Cumberland provides that the appointment of an auditor in the case of objections to an account is discretionary with the court,4 and the court, in the exercise of its discretion, and based upon the extraordinary demands upon the hearing official which virtually every step in this case � See"Motion of Barbara M. Mumma Pursuant to 20 Pa. C.S. §3511 for an Order That the Accounts Filed by the Trustee, Lisa M.Morgan, in the Above-Captioned Matter for the Period July 18,2010 through December 31,2012 Be Examined and Audited by the Court Itself in the First Instance,and Not by the Newly-Appointed Auditor,"at F.N. 1. �Id. at¶16. 3 See 42 Pa. C.S. §951(a)-(c). 4 See 20 Pa. C.S. §3512. w r � � entails5 and the benefit to the court provided by the services of a prior auditor, the motion to vacate the November 7, 2013 appointment of Auditor Anthony L. DeLuca is denied. By the court, �� J esley Oler, . S. J. Anthony L. DeLuca, Esquire 113 Front Street Boiling Springs, PA 17007 Auditor Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 Former Auditor Shaun E. O'Toole, Esquire 220 Pine Street Harrisburg, PA 17101 Attorney for Robert M. Mumma, II Ivo V. Otto, III, Esquire George B. Faller, Jr., Esquire 10 East High Street Carlisle, PA 17013 Attorneys for Lisa M. Morgan Brady L. Green, Esquire Wilbraham, Lawler& Buba, P.C. 1818 Market Street, Floor 31 Philadelphia, PA 19103-3654 Attorney for Lisa M. Morgan and Estate of Barbara McK. Mumma 5 Objections to prior accounts have occasioned about 40 days of auditor's hearings. .� . - r ` *+ Richard F. Rinaldo, Esquire One Gateway Center, 16th Floor Pittsburgh, PA 15222 Attorney for Barbara M. Mumma Linda M. Mumma P.O. Box 70 Mechanicsburg, PA 17055 Court Administrator _ _._ _ : ORPHANS' COURT DNISION . COURT OF COMMON PLEAS OF [n Re: Robert M. Mumma,Deceased . CUMBERLAND COIJNTY . PENNSYLVANIA . N0.21-86-0398 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 7/31/14 JUDGE'S INITIALS: JWO TIME STAMP DATE: 7/31/14 IN RE: Order of Court ............................................................................................................................ SERVICE TO: Ivo V. Otto III Martson Law Offices 10 East Hieh Street Carlisle PA 17013 Brady L. Green 1818 Market Street 31 S`Floor Philadelnhia PA 19103 Anthony L.DeLuca 113 Front Street PO Box 358 Boilin Springs PA 17007 METHOD OF MAILING: ENVELOPES PROVIDED BY: �USPS � PETITIONER ❑RRR ❑ NDGE ❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER MAILED: 7/31/14 ............................................................................................................................ SERVICE TO: Shaun O'Toole 220 Pine Street Harrisbur�PA 17101 Joseph D. Buckley 1237 Holly Pike Carlisle PA 17013 Richard F Rinaldo Williams Coulson Johnson Lloyd Parker&Tedesco One Gateway Center 16`�`FL Pittsburgh PA 15222 Linda M.Mumma PO Box 70 Mechanicsbur�PA 17055 METHOD OF MAILING: ENVELOPES PROVIDED BY: �USPS �PETITIONER ❑RRR ❑JUDGE ❑HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER MAILED: 7/31/14 � �(, % �� Deputy Clerk of Orphans' Co