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Home My WebLink About05-30-08 (4) IN RE: EST ATE OF ROBERT M. MUMMA, Deceased o :?:~ :J'_, ('~ IN THE COURT OF COMMON pt~s O~ CUMBERLAND COUNTY, PENN-SYEV ~A : ~ CQ (...) :';c:...;: a ORPHAN'S COURT DIVISION ~ ~15 -j -"'- NO. 21-86-398 \.0 <J1 N FURTHER MOTION FOR FILING OF A SUPPLEMENTAL INVENTORY PURSUANT TO ORPHANS' COURT ORDER OF OCTOBER 3. 2007 AND NOW comes Robert M. Mumma, II, pro se, and files the instant Further Motion for Supplemental Inventory, and in support thereof avers as follows: 1. The undersigned Movant is Robert M. Mumma, II, an adult individual, acting pro se in the instant case. 2. The Movant is a beneficiary of the above-captioned Estate and the Trusts created under the Will of the Decedent. I 3. The Movant is a trustee of contingent beneficiaries of the above-captioned Estate and the Trusts. 1 On December 21,2004, the Movant filed a Motion to Compel Discovery with its Paragraph #4 averring that he is a beneficiary of the Estate and the Trusts; on December 29,2004, the Executrices and/or Trustees filed a Response with its Paragraph #4 averring: "Admitted." See, Rizzo v. Haines. 555 A.2d 58 (pa. 1989)(judicial admissions in pleadings are conclusive in the case in which they are filed; such pleadings cannot later be contradicted by the party who has made them and the trial court abuses its discretion if it ignores the admission); DeMuth v. Miller, 652 A.2d 891 (pa. Super. 1995Xajudicial admission has the effect ofa confessory pleading in that the fact is thereafter to be taken for granted, so that the opposing party need offer no evidence to prove it and the party by whom the judicial admission was made is not allowed to disprove it). 1 .) 4. In accordance with prior court orders entered in this matter, including, but not limited to, this Court's Order dated February 23, 2000, the Movant has standing before the Orphans' Court in this case. 5. 23. By reference thereto as if fully set forth herein, the undersigned Movant hereby incorporates Paragraphs #5 through #23 of the FURTHER MOTION FOR SUPPLEMENTAL ACCOUNTING PURSUANT TO ORPHANS' COURT ORDER OF OCTOBER 3,2007 filed this same date with the Clerk of the Orphans' Court and served this same date upon the counsel of record and interested parties set forth on the attached Certificate of Service dated May 30, 2008. 24. Given that these proceedings were entrusted to the Auditor, and given that the Auditor has not engaged in any substantial activities in this case for months, the undersigned Movant formally requests that the Executrices and/or Trustees be compelled to file a supplemental inventory which shall fully disclose all real and personal property belonging to, obtained for, or acquired by the Estate and/or the Trusts subsequent to the most recent filing with the Orphans' Court, with a complete description and explanation thereof, including statements of valuation, proof of payment of any taxes, and copies of all records pertaining to said property. See generally, 20 Pa.C.S.A. ~ 3301, ~ 3303, as well as other sections of the Probate, Estates, and Fiduciaries Code, and related Pennsylvania case law. 25. Cognizant of the Orphans' Court's imposition of the May 31,2008 deadline, and in consideration of the stalled Auditor's proceedings, the Movant files the instant further motion as envisioned by Judge Oler's Order dated October 3,2007. 2 26. For purposes of this motion, the Movant hereby incorporates by reference thereto as if fully set forth herein the averments of all prior relevant petitions to compel accountings and/or filings of inventories, all prior requests for identification of Estate assets and the valuations thereof, and all related filings in this case which sought to require the Executrices and/or Trustees to account entirely for all property alleged to constitute assets of the Estate and the Trusts and which sought to protect the interests of the beneficiaries and interested parties in the Estate and the Trusts. 27. Pursuant to Cumberland County Rule of Civil Procedure 208.3(a)(9), the Movant has not obtained the concurrence of any counsel to the other interested parties inasmuch as the prior statements and representations of said counsel have indicated that the Movant would not receive cooperation from them with respect to such a motion. 28. Pursuant to Cumberland County Rule of Civil Procedure 208.3(a)(2), the Honorable Wesley Oler has previously ruled on prior motions filed by the parties hereto. WHEREFORE, the Movant respectfully requests that this Honorable Court issue an appropriate Order GRANTING the instant Further Motion for Filing of a Supplemental Inventory, or in the alternative, issue an appropriate Order which schedules a hearing on this matter. Respectfully submitted, ~~{t1t~/f"Z1~ r 1r- Robert M. Mumma, II Box 58 Bowmansdale, P A 17008 (717) 612-9720 PRO Sf 3 CERTIFICATE OF SERVICE I, Robert M. Mumma, II hereby certify that a copy of the foregoing Further Motion for Filing of a Supplemental Inventory was served on May 30, 2008 by U.s. Mail, first class, postage prepaid, addressed to: George B. Faller, Jr., Esquire Ivo V. Otto, III, Esquire Martson Law Offices 10 East High Street Carlisle, P A 17013 Brady Green, Esquire Morgan, Lewis & Bockius, LLP 1701 Market Street Philadelphia, PA 19103-2921 Ralph Jacobs, Esquire 1515 Market Street - Suite 705 Philadelphia, PA 19102 Linda Mumma Roth PO Box 480 Mechanicsburg, P A 17055 Taylor Andrews, Esquire Court-Appointed Auditor 78 West Pomfret Street Carlisle, P A 17013 DATE: May 30, 2008 ~/f~/.4 . . \ "t"tt/J ... 17 BY. . { )U'-1 4/1,V4 .JL Robert M. Mumma, II Box 58 Bowmansdale, P A 17008 717 - 612 - 9720 PROSE