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HomeMy WebLinkAbout05-30-08 (11) F:\FILES\Clients\Mumma 5844.1 (estate) 8747 (Kim)\5844.I.Mumma Estate\5844.1.398.motion in limine!a Created: 9/20104 0:06PM Revised: 5/30108 2:37PM 5844.1 George B. Faller, Jr., Esquire I.D. No. 49813 MARTS ON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Barbara McK. Mumma and Lisa M. Morgan (") S;o :::.~~:o ....:.;-0 ) ;;:c 0 -"- ...'>- r-- c--'rn ,..;"".'"":: ;-, (.'.J5~ "c') .:j2?~ ::0 ."::J ...., )::,. N r:-,:-~) t:::J C4:1 ::::r. -.. ..t.._ -< w C) -0 :Jt: c..) .::- INRE: Estate of Robert M. Mumma, Deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-86-398 ORPHAN'S COURT DIVISION MOTION OF BARBARA McK. MUMMA AND LISA M. MORGAN TO DISMISS OBJECTIONS ASSERTING BARBARA McK. MUMMA'S EXERCISE OF WITHDRAWAL RIGHTS UNDER ARTICLE SEVENTH OF WILL WAS INVALID OR IMPROPER Barbara McK. Mumma and Lisa M. Morgan move as follows for an order dismissing the objections of Robert M. Mumma, II, and Barbara M. Mumma to the extent that they assert that an exercise of Mrs. Mumma's withdrawal rights under Article Seventh of the will of Robert M. Mumma, Deceased was improper or invalid: I. Under Article Seventh of his will, Mr. Mumma, Sr. gave Mrs. Mumma a "right. . . to request annually, in writing, a distribution. .. from the principal. . . up to five (5%) percent of then principal" of the Marital Trust. 2. The will further provides that Mrs. Mumma and Mrs. Morgan, as Trustees of the Marital Trust, upon receipt of such writing, "shall make payment thereof... during the calendar year in which said writing was received. . .." 3. Mrs. Mumma's right to exercise her 5 percent withdrawal power is absolute. Moreover, upon written notification of an exercise of the right, Mrs. Mumma and Mrs. Morgan have no discretion as to whether to honor the request. 4. Since Mr. Mumma, Sr.'s death, Mrs. Mumma has made written requests for distribution pursuant to Article Seventh ofthe will. In each instance, she requested 5 percent of the then-principal value of the Marital Trust. Copies of the written requests are attached hereto as Exhibit "A." q:: 5. Mrs. Mumma has not requested, nor have the Trustees made, any further distributions of principal from the Marital Trust beyond those permitted by the 5 percent withdrawal right. 6. Mr. Mumma, II and Barbara Mumma have asserted to the accounts filed by Mrs. Mumma and Mrs. Morgan with respect to the Marital Trust various objections regarding Mrs. Mumma's exercise ofthe 5 percent withdrawal power. Those objections are unclear as to the precise nature of and grounds underlying them. 7. Mrs. Mumma and Mrs. Morgan understand that Mr. Mumma, II, and Barbara Mumma have concerns regarding the manner in which the amounts of the withdrawals were calculated and/or the make-up of the assets used to satisfy Mrs. Mumma's requests. This motion does not seek dismissal of any objections asserted by Mr. Mumma, II or Barbara Mumma on those grounds. Indeed, Mrs. Mumma has executed written receipts in connection with the distributions that state, in part, that "[i]f it should be determined that any portion of such distribution represents an overdistribution, I agree, intending to be legally bound hereby, on behalf of myself and my estate, that the amount of such overpayment will be promptly refunded to the Trust." 8. However, in light of Mrs. Mumma's written requests for distribution, there is no basis for a challenge to the validity of the exercise of the withdrawal power or Mrs. Mumma's right or entitlement to receive funds in respect of those withdrawals. 9. The Honorable J. Wesley Oler, Jr., has ruled in this action. 10. Counsel for Barbara McK. Mumma and Lisa M. Morgan have not contacted Mr. Mumma as to his concurrence to this Motion; however, it is assumed he would have opposed it. WHEREFORE, Mrs. Mumma and Mrs. Morgan request that all objections to the accounts for the Marital Trust be dismissed on the grounds and to the extent that they purport to contest the validity of any exercise by Mrs. Mumma of the 5 percent withdrawal power. Mrs. Mumma and Mrs. Morgan further request that any evidence or testimony offered for the purpose of showing the invalidity of any exercise of the withdrawal power be excluded from any hearing in these proceedings. \. " \'\\ \\\.r\ \ \ / By:~~ George B. Faller, Jr. J.D. No. 49813 Ivo V. Otto, III J.D. No. 27763 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTS ON LAW OFFICES 10 East High Street Carlisle, P A 17013 (717) 243-3341 Date: May 30, 2008 Joseph A. O'Connor, Jr. Brady L. Green, Esquire MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103-2921 (215) 963-5079 Attorneys for Barbara McK. Mumma and Lisa M. Morgan ESTATE OF ROBERT M. MUMMA. DECEASED TRUST UNDER ARTICLE VII OF THE WILL OF ROBERT M. MUMMA ("the Trust") REOUEST FOR DISTRIBUTION OF PRINCIPAL BY BARBARA MeR. MUMMA WHEREAS, I, Barbara McK. Mumma, am given under said Article VII with respect to the Trust the "right ... to request annually, in writing, a distribution ... from the principal... up to five (5%) percent of the then principal..., and trustees, upon receipt of such writing, shall make payment thereof during the calendar year in which said writing was received", and I wish at this time to exercise such right to the maximum extent permitted. NOW, THEREFORE, I hereby request a distr ibution from the Trust of five percent of the value of the principal of the Trust, as of the date hereof, including the additional principal assets distributable to the Trust from the Estate of Robert M. Mumma pursuant to said Article VII. 1344 L".J At ~/71fk Barbara Mc~. Mumma /d- 3()-f~ Date Receipt of the foregoing Request for Distribution is hereby acknowledged. ~7/~ Lisa Mumma organ, Co-Trustee /;2 -~ -87 Date EXHIBIT "A" , ( ESTATE OF ROBERT M. MUMMA. DECEASED RECEIPT AND REFUNDING AGREEMENT WITH RESPECT TO PRINCIPAL WITHDRAWN FROM THE TRUST UNDER ARTICLE VII OF THE WILL OF ROBERT M. MUMMA (Wthe Trust.) I, Barbara McK. Mumma, hereby acknowledge receipt from Barbara McK. Mumma and Lisa Mumma Morgan, Trustees of the Trust, of the property described below, having a value of $ , distributed to me upon the exercise of my limited power to withdraw principal of said Trust. If it should be determined that any portion of such distribution represents an overdistribution, I agree, intending to be lega~ly bound hereby, on behalf of myself and my estate, that the amount of any such overpaYment (with interest thereon at the legal rate for any period following my death) will be promptly refunded to the Trust. 13& fa) /JuL Barbara McK. Mumma /J- 'I-?/ 'Date Property withdrawn: 78.545 shares of common stock of Nine-Ninety-Nine, Inc. and 39.388 shares of preferred stock of Nine-Ninety-Nine, Inc. " ESTATE OF ROBERT M. MUMMA. DECEASED TRUST UNDER ARTICLE VII OF THE WILL OF ROBERT M. MUMMA ("the Trust") REOUEST FOR DISTRIBUTION OF PRINCIPAL BY BARBARA McK. MUMMA WHEREAS, I, Barbara McK. Mumma, am given under said Article VII with respect to the Trust the "right ... to request annually, in writing, a distribution from the principal... up to five (5%) percent of the then principal ..., and trustees, upon receipt of such writing, shall make payment thereof ... during the calendar year in which said writing was received", and I wish at this time to exercise such right. NOW, THEREFORE, I hereby request a distribution from the Trust of' five percent of the value of the principal of the Trust, as of the date hereof, including the additional principal assets distributable to the Trust from the Estate of Robert M. Mumma pursuant to said Article VII. However, in complete satisfaction of this request I will accept 78.545 shares of common stock of Nine-Ninety-Nine, Inc. and 39.388 shares of preferred stock of Nine-Ninety-Nine, Inc. fJML.J}y }~ Barbara McK. Mumma /)-1-" Date Receipt of the foregoing Request for Distribution is hereby acknowledged. ,~ acb<V7a)~Q;(./ '-' Lisa Mumma Morgan Co-Trustee /J- '/-&3 Date ~ Barbara McK. Mumma 49 Hillcrest Road Wormleysburg, PA 17043 October 13, 1988 Arthur L. Klein, Esquire Morgan, Lewis & Bockius 2000 One Logan Square Philadelphia, PA 19103 Dear Art: This is to confirm our conversation as to my withdrawal powers for the Estate. I hereby exercise my withdrawal power to its fullest extent for the year of 1988. Sincerely yours, >.J~~~ );,~Z-~ Barbara McK. Mumma BMcKM/blm cc: George Hadley, Jr., CPA .' I f ( ESTATE OF ROBERT M. MUMMA. DECEASED RECEIPT AND REFUNDING AGREEMENT WITH RESPECT TO PRINCIPAL WITHDRAWN FROM THE TRUST UNDER ARTICLE VII OF THE WILL OF ROBERT M. MUMMA ("the Trust") I, Barbara McK. Mumma, hereby acknowledge receipt from Barbara MeR. Mumma and Lisa Mumma Morgan, Trustees of the Trust, of the property described below, having a value of $ , distributed to me upon the exercise of my limited power to withdraw principal of said Trust. If it should be determined that any portion of such distribution represents an overdistribution, I agree, intending to be legally bound he~eby, on behalf of myself and my estate, that the amount of any such overpayment (with interest thereon at the legal rate for any period following my death) will be promptly refunded to the Trust. ~L~~~ Barbara MeR. Mumma J/-~-J)1 Date Property withdrawn: 34.618 shares of common stock of Nine-Ninety-Nine, Inc. and 37.419 shares of preferred stock of Nine-Ninety-Nine, Inc. ( ESTATE OF ROBERT M. MUMMA. DECEASED TRUST UNDER ARTICLE VII OF THE WILL OF ROBERT M. MUMMA ("the Trust") REQUEST FOR DISTRIBUTION OF PRINCIPAL BY BARBARA MeR. MUMMA WHEREAS, I, Barbara McK. Mumma, am given under said Article VII with respect to the Trust the "right ... to request annually, in writing, a distribution ... from the principal... up to five (5%) percent of the then principal..., and trustees, upon receipt of such writing, shall make payment thereof ... during the calendar year in which said writing was received", and I wish at this time to exercise such right to the maximum extent permitted. NOW, THEREFORE, I hereby request a distribution from the Trust of five percent of ,the value of the principal of the Trust, as of the date hereof, including the additional principal assets distributable to the Trust from the Estate of Robert M. Mumma pursuant to said Article VII. However, in complete satisfaction of this request I will accept 34.618 shares of common stock of Nine-Ninety-Nine, Inc. and 37.419 shares of preferred stock in Nine-Ninety-Nine, Inc. /3C0L met hu~-:nu-/ //.~-11 Barbara MeR. Mumma Date Receipt of the foregoing Request for Distribution is hereby acknowledged. ~L~~&~ Co Trustee //-3~C)r Date .' , ESTATE OF ROBERT M. MUMMA. DECEASED TRUST UNDER ARTICLE VII OF THE WILL OF ROBERT M. MUMMA (lithe Trust") REOUEST FOR DISTRIBUTION OF PRINCIPAL BY BARBARA McK. MUMMA WHEREAS, I, Barbara McK. Mumma, am given under said Article VII with respect to the Trust the "right ... to request annually, in writing, a distribution ... from the principal... up to five (5%) percent of the then principal..., and trustees, upon receipt of such writing, shall make paYment thereof ... during the calendar year in which said writing was received", and I wish at this time to exercise such right to the maximum extent permitted. NOW, THEREFORE, I hereby request a distribution from the Trust of five percent of the value of the principal of the Trust, as of the date hereof, including the additional principal assets distributable to the Trust from the Estate of Robert M. Mumma pursuant to said Article VII. However, in complete satisfaction of this request I will accept 24 shares of common stock of Nine-Ninety-Nine, Inc., 36 shares of 10% preferred stock in Nine-Ninety-Nine, Inc., and 30.75 shares of the common stock of Hummelstown Quarries, Inc. ~~k~4n~~ Barbara McK. Mumma /;;l, - ;:< 8' - fl tJ Date Receipt of the foregoing Request for Distribution is hereby acknowledged. dJt'- /~~ ~(l-{;UJ Lisa Mumma MorgKn, Co-Trustee /cJ -026- yo Date ESTATE OF ROBERT M. MUMMA. DECEASED RECEIPT AND REFUNDING AGREEMENT WITH RESPECT TO PRINCIPAL WITHDRAWN FROM THE TRUST UNDER ARTICLE VII OF THE WILL OF ROBERT M. MUMMA (lithe Trust") I, Barbara McK. Mumma, hereby acknowledge receipt from Barbara McK. Mumma and Lisa Mumma Morgan, Trustees of the Trust, of the property described below, having a value of $ , distributed to me upon the exercise of my limited power to withdraw principal of said Trust. If it should be determined that any portion of such distribution represents an overdistribution, I agree, intending to be legally bound hereby, on behalf of myself and my estate, that the amount of any such overpaYment (with interest thereon at the legal rate for any period following my death) will be promptly refunded to the Trust. /3uL.JMr fi~~ Barbara McK. Mumma 1~-';<9'-j>O Date Property Withdrawn: 24 shares of common stock of Nine-Ninety-Nine, Inc., 36 shares of 10% preferred stock of Nine-Ninety-Nine, Inc. and 30.75 shares of common stock of Hummelstown Quarries, Inc. , , I f. ESTATE OF ROBERT M. MUMMA~ DECEASED TRUST UNDER ARTICLE VII OF THE WILL OF ROBERT M. MUMMA (lithe Trust") REOUEST FOR DISTRIBUTION OF PRINCIPAL BY BARBARA McK. MUMMA WHEREAS, I, Barbara McK. Mumma, am given under said Article VII with respec~ to the Trust the "right ... to request annually, in wri~ing, a distribution ... from the principal... up to five (5%) percent of the then principal ..., and trustees, upon receipt of such writing, shall make payment thereof ... during the calendar year in which said. writing was received", and I wish at this time to exercise such right to the maximum extent permitted. NOW, THEREFORE, I hereby request a distribution from the Trust of five percent of the value of the principal of the Trust, as ot the date hereof, including the additional principal assets distributable to the Trust from the Estate of Robert M. Mumma pursuant to said Article VII. However, in complete satisfaction of this request I will accept 29.000 shares of common stock of Nine-Ninety-Nine, Inc., 34.000 shares of preferred stock in Nine-Ninety-Nine, Inc. and 29.250 shares of the common stock of Hummelstown Quarries, Inc. ~~~k~ Barbara McK. Mumma 7/'-~ - 7/ Date Receipt of the foregoing Request tor Distribution is hereby acknowledged. ~a ~~ClAJ Lisa Mumma Morga . Co-Trustee 9'-d.0< -9/ Date , t ESTATE OF ROBERT M. MUMMA. DECEASED RECEIPT AND REFUNDING AGREEMENT WITH RESPECT TO PRINCIPAL WITHDRAWN FROM THE TRUST UNDER ARTICLE VII OF THE WILL OF ROBERT M. MUMMA (lithe Trust") I, Barbara McK. Mumma, hereby acknowledge receipt from Barbara McK. Mumma and Lisa Mumma Horgan, Trustees of the Trust, of the property described below, having a value of $ , distributed to me upon the exercise of my limited power to withdraw principal of said Trust. If it should be determined that any portion of such distribution represents an overdistribution, I agree, intending to be legally bound hereby, on behalf of myself and my estate, that the amount of such overpaYment (with interest thereon at the legal rate for any period following my death) will be promptly refunded to the Trust. /3~ LMl--u~ Barbara McK. Mumma f-c2;J, - ~ Date Property Withdrawn: 29.000 shares of common stock of Nine-Ninety-Nine, Inc. and 34.000 shares of preferred stock of Nine-Ninety-Nine, Inc.and 29.250 shares of common stock of Hummelstown Quarries, Inc. J f ESTATE OF ROBERT H. MUMMA. OECEASED TRUST UNOER ARTICLE VII OF THE WILL OF ROBERT M. MUMMA ("the Trust It) REQUEST FOR DISTRIBUTION OF PRINCIPAL BY BARBARA HeX. MUMMA WHEREAS, I, Barbara MeX. Mumma, am given under said Article VII with respect to the Trust the "right ... to request annually, in writing, a distribution ... from the principal... up to five (5'> percent of the then principal ..., and trustees, upon receipt of such writing, shall make payment thereof ... during the calendar year in which said writing was received", and I wish at this time to exercise such right to the maximum extent permitted. NOW, THEREFORE, I hereby request a distribution from the Trust of five percent of the value of the principal of the Trust, as of the date hereof, including the additional principal assets distributable to the Trust from the Estate of Robert M. Mumma pursuant to said Article VII. However, in complete satisfaction of this request I will accept 28.000 shares of common stock of Nine-Ninety-Nine, Inc., 33.000 shares of preferred stock in Nine-Ninety-Nine, Inc. and 28.000 shares of the common stock Of~~::~~~~C' Barbara McK. Mumma 2/13/92 Date Receipt of the foregoing Request for Distribution is hereby aCknOWledged~ . Lisa ~1f'i~0.0 2/~~: . . ESTATE OF ROBERT M. MUMMA. DECEASED RECEIPT AND REFUNDING AGREEMENT WITH RESPECT TO PRINCIPAL WITHDRAWN FROM THE TRUST UNDER ARTICLE VII OF THE WILL OF ROBERT M. MUMMA ("the Trust"} I, Barbara McK. Mumma, hereby acknowledge receipt from Barbara McK. Mumma and Lisa Mumma Morgan, Trustees of the Trust, of the property described below, having a value of $ , distributed to me upon the exercise of my limited power to withdraw principal of said Trust. If it should be determined that any portion of such distribution represents an overdistribution, I agree, intending to be legally bound hereby, on behalf of myself and my estate, that the amount of such overpaYment (with interest thereon at the legal rate for any periOd following my death) will be promptly refunded to the Trust. I:k -L.~.5>>t L Barbara McK. Mumma 2/13/92 Date Property Withdrawn: 28.000 shares of common stock of Nine-Ninety-Nine, Inc. and 33.000 shares of preferred stock of Nine-Ninety-Nine, Inc. 28.000 shares of common stock of Hummelstown Quarries, Inc. ESTATE OF ROBERT M. MUMMA. DECEASED RECEIPT AND REFUNDING AGREEMENT WITH RESPECT TO PRINCIPAL WITHDRAWN FROM THE TRUST UNDER ARTICLE VII OF THE WILL OF ROBERT M. MUMMA (lithe Trust") I, Barbara McK. Mumma, hereby acknowledge receipt from Barbara McK. Mumma and Lisa Mumma Morgan, Trustees of the Trust, of the property described below, having a value of $ distributed to me upon the exercise of my limited power to withdraw principal of said Trust. If it should be determined that any portion of such distribution represents an overdistribution, I agree, intending to be legally bound hereby, on behalf of myself and my estate, that the amount of such overpayment (with interest thereon at the legal rate for any period following my death) will be promptly refunded to the Trust. &t~k~ /-~-j>.3 Barbara McK. Mumma Date Property withdrawn: 27.000 shares of common stock of Nine-Ninety-Nine, Inc. and 31.000 shares of preferred stock of Nine-Ninety-Nine, Inc. 27.000 shares of common stock of Hummelstown Quarries, Inc. ESTATE OF ROBERT M. MUMMA, DECEASED TRUST UNDER ARTICLE VII OF THE WILL OF ROBERT M. MUMMA ("the Trust") REQUEST FOR DISTRIBUTION OF PRINCIPAL BY BARBARA McK. MUMMA WHEREAS, I, Barbara McK. Mumma, am given under said Article VII with respect to the Trust the "right ... to request annually, in writing, a distribution ... from the principal... up to five (5%) percent of the then principal..., and trustees, upon receipt of such writing, shall make payment thereof ... during the calendar year in which said writing was received", and I wish at this time to exercise such right to the maximum extent permitted. NOW, THEREFORE, I hereby request a distribution from the Trust of five percent of the value of the principal of the Trust, as of the date hereof, including the additional principal assets distributable to the Trust from the Estate of Robert M. Mumma pursuant to said Article VII. However, in complete satisfaction of this request I will accept 27.000 shares of common stock of Nine-Ninety-Nine, Inc., 31.000 shares of preferred stock in Nine-Ninety-Nine, Inc. and 27.000 shares of the common stock of Hummelstown Quarries, Inc. ; (; f3Lt;J {1-CL.1..t:.J }/lI; ~_U-~0F}1..~ ./" Barbara McK." Mumma j- 5'"- 9::3 Date hereby Receipt of the foregoing Request for Distribution is acknowledged. ~~ 41.X.-$vvrCi4&~ rJ.. -;2r'9~ i a Mumma Morgan Date ~ MEMORANDUM TO: FROM: DATE: RE: File Regina De Cesare December 22, 1994 Marital Trust U/W Robert R. Mumma Today I have placed in the vault for safekeeping the original 1994 withdrawal papers signed by Mrs. Mumma on December 9, 1994 and by Lisa M. Morgan on December 19, 1994. Copies have been placed in the Estate files. / ESTATE OF ROBERT M. MUMMA. DECEASED TRUST UNDER ARTICLE VII OF THE WILL OF ROBERT M. MUMMA ("the Trust") REOUEST FOR DISTRIBUTION OF PRINCIPAL BY BARBARA McK. MUMMA WHEREAS, I, Barbara McK. Mumma, am given under said Article VII with respect to the Trust the "right ... to request annually, in writing, a distribution ... from the principal... up to five (5%) percent of the then principal..., and trustees, upon receipt of such writing, shall make payment thereof ... during the calendar year in which said writing was received", and I wish at this time to exercise such right to the maximum extent permitted. NOW, THEREFORE, I hereby request a distribution from the Trust of five percent of the value of the principal of the Trust, as of the date hereof, including any additional principal assets distributable to the Trust from the Estate of Robert M. Mumma pursuant to said Article VII. I understand the Trustees of the Trust calculate its current principal market value at $9,049,460, and therefore in complete satisfaction of this request I will accept cash in the amount of $452,000. geM IMAJ lJJR. '* u~ Barbara McK. Mumma /2.- 7~ 'If Date Receipt of the foregoing Request for Distribution is hereby acknowledged. ,d~~~~ J.2-/f-y'lj Lisa Mumma Morgan . Date PH02/61555.1 ESTATE OF ROBERT M. MUMMA. DECEASED RECEIpt' AND REFUNDING AGREEMENT WITH RESPECT TO PRINCIPAL WITHDRAWN FROM THE TRUST UNDER ARTICLE VII OF THE WILL OF ROBERT M. MUMMA (lithe Trust") I, Barbara McK. Mumma, hereby acknowledge receipt from Barbara McK. Mumma and Lisa Mumma Morgan, Trustees of the Trust, of $452,000, distributed to me upon the exercise of my limited power to withdraw principal of said Trust. If it should be determined that any portion of such distribution represents an overdistribution, I agree, intending to be legally bound hereby, on behalf of myself and my estate, that the amount of such overpaYment (with interest thereon at the legal rate for any period following my death) will be promptly refunded to the Trust. :13 a-? -LoJ.~ In LU~-nzA./ Barbara McK. Mumma I ;Z - '1- 77' Date . Property withdrawn: $452,000. PH02/61551J.l ESTATE OF ROBERT M. MUMMA. DECEASED RECEIPT AND REFUNDING AGREEMENT WITH RESPECT TO PRINCIPAL WITHDRAWN FROM THE TRUST UNDER ARTICLE VII OF THE WILL OF ROBERT M. MUMMA (lithe Trust") I, Barbara McK. Mumma, hereby acknowledge receipt from Barbara McK. Mumma and Lisa Mumma Morgan, Trustees of the Trust, of $429,000, distributed to me upon the exercise of my limited power to withdraw principal of said Trust. If it should be determined that any portion of such distribution represents an overdistribution, I agree, intending to be legally bound hereby, on behalf of myself and my estate, that the amount of such overpaYment (with interest thereon at the legal rate for any period following my death) will be promptly refunded to the Trust. /3"" La/ hi ~ Barbara McK. Mumma r:2- -1- 9r Date Property withdrawn: $429,000. PH02/63425.1 ESTATE OF ROBERT M. MUMMA. DECEASED TRUST UNDER ARTICLE VII OF THE WILL OF ROBERT M. MUMMA (lithe Trust") REOUEST FOR DISTRIBUTION OF PRINCIPAL BY BARBARA McK. MUMMA WHEREAS, I, Barbara McK. Mumma, am given under said Article VII with respect to the Trust the "right ... to request annually, in writing, a distribution ... from the principal... up to five (5%) percent of the then principal..., and trustees, upon receipt of such writing, shall make payment thereof ... during the calendar year in which said writing was received", and I wish at this time to exercise such right to the maximum extent permitted. NOW, THEREFORE, I hereby request a distribution from the Trust of five percent of the value of the principal of the Trust, as of the date hereof, including any additional principal assets distributable to the Trust from the Estate of Robert M. Mumma pursuant to said Article VII. I understand the Trustees of the Trust calculate its current principal market value at $8,597,460, and therefore in complete satisfaction of this request I will accept cash in the amount of $429,000. /J(j/) -L~aJ;'1/ ~ Barbara MeR. Mumma ~ - /- 9J Date Receipt of the foregoing Request for Distribution is hereby acknowledged. ~ taJJ 1Jt<-f./!0!.a.)~ Lisa Mumma Morgan ~ - / - 9J Date PH02/63423.1 ESTATE OF ROBERT M. MUMMA. DECEASED RECEIPT AND REFUNDING AGREEMENT WITH RESPECT TO PRINCIPAL WITHDRAWN FROM THE TRUST UNDER ARTICLE VII OF THE WILL OF ROBERT M. MUMMA ("the Trust") I, Barbara McK. Mumma, hereby acknowledge receipt from Barbara McK. Mumma and Lisa Mumma Morgan, Trustees of the Trust, of $ t,f"Jf, 0 0 0 , distributed to me upon the exercise of my limited power to withdraw principal of said Trust. If it should be determined that any portion of such distribution represents an overdistribution, I agree, intending to be legally bound hereby, on behalf of myself and my estate, that the amount of such overpayment (with interest thereon at the legal rate for any. period following my death) will be promptly refunded to the Trust. / /"\ /.J~,fi :':vuJlj if ); /--'/J}!/nf ,'--- Barbara McK. Mumma /-'1- ~9l, Date Property Withdrawn: $ it]? J 000 PH02/98222.1 ( ESTATE OF ROBERT M. MUMMA. DECEASED TRUST UNDER ARTICLE VII OF THE WILL OF ROBERT M. MUMMA ("the Trust") REOUEST FOR DISTRIBUTION OF PRINCIPAL BY BARBARA McK. MUMMA WHEREAS, I, Barbara McK. Mumma, am given under said Article VII with respect to the Trust the "right ... to request annually, in writing, a distribution ... from the principal... up to five (5%) percent of the then principal..., and trustees, upon receipt of such writing, shall make payment thereof ... during the calendar year in which said writing was received", and I wish at this time to exercise such right to the maximum extent permitted. NOW, THEREFORE, I hereby request a distribution from the Trust of five percent of the value of the principal of the Trust, as of the date hereof, including any additional principal assets distributable to the Trust from the Estate of Robert M. Mumma pursuant to said Article VII. I understand the Trustees of the Trust cal~ul te its current principal market value at 8 iJ t" OJ tr6 0 ~\ft' t $ t4'31 - ~ . and therefore in complete satisfaction of this ,1/. r-- request I will accept cash in the amount of $ Vf :J!: () c- b . J ' , J . , v1 .../ '- .--;- " .JG.1 /~JW ,l} '~/)-Ui :1)!/JJ'~ Barbara McK. Mumma I-~- 9~ Date Receipt of the foregoing Request for Distribution is hereby acknowledged. Jfi(};,,-~c.--/toJ~ L - I J- -7& Lisa Mumma Morgan ~ Date PH02/98228.1 ESTATE OF ROBERT M. MUMMA. DECEASED TRUST UNDER ARTICLE SEVENTH OF THE WILL OF ROBERT M. MUMMA (lithe Trust") REQUEST FOR DISTRIBUTION OF PRINCIPAL BY BARBARA McR. MUMMA WHEREAS, I, Barbara McK. Mumma, am given under said Article VII with respect to the Trust the "right ... to request annually, in writing, a distribution ... from the principal... up to five (5%) percent of the then principal..., and trustees, upon receipt of such writing, shall make payment thereof ... during the calendar year in which said writing was received", and I wish at this time to exercise such right to the maximum extent permitted. NOW, THEREFORE, I hereby request a distribution from the Trust of five percent of the value of the principal of the Trust, as of the date hereof, including any additional principal assets distributable to the Trust from the Estate of Robert M. Mumma pursuant to said Article SEVENTH. ;6cu-Lvhk ~~~ Barbara McK. Mumma 2- $"- 7"J Date Receipt of the foregoing Request for Distribution is hereby acknowledged. ~~dda. ~ h.oJ Llsa Mumma Morgan ,:J-6-91 Date PH02t98228.1 ESTATE OF ROBERT M. MUMMA. DECEASED TRUST UNDER ARTICLE SEVENTH OF THE WILL OF ROBERT M. MUMMA ("the Trust") REQUEST FOR DISTRIBUTION OF PRINCIPAL BY BARBARA McK. MUMMA WHEREAS, I, Barbara McK. Mumma, am given under said Article VII with respect to the Trust the "right ... to request annually, in writing, a distribution ... from the principal... up to five (5%) percent of the then principal..., and trustees, upon receipt of such writing, shall make payment thereof... during the calendar year in which said writing was received", and I wish at this time to exercise such right to the maximum extent permitted. NOW, THEREFORE, I hereby request a distribution from the Trust of five percent of the value of the principal of the Trust, as of the date hereof, including any additional principal assets distributable to the Trust from the Estate of Robert M. Mumma pursuant to said Article SEVENTH. ~wk ~ 2-'7-97 .. .. Barbara McK. Mumma Date Receipt of the foregoing Request for Distribution is hereby acknowledged. /[k 1&vuu ~~ a2 - ]t-~ Lisa Mumma Morgan Date PH~41 W923 , 1 ESTATE OF ROBERT M. MUMMA. DECEASED TRUST UNDER ARTICLE SEVENTH OF THE WILL OF ROBERT M. MUMMA ("the Trust") REQUEST FOR DISTRIBUTION OF PRINCIPAL BY BARBARA McK. MUMMA WHEREAS, I, Barbara McK. Mumma, am given under said Article VII with respect to the Trust the "right ... to request annually, in writing, a distribution ... from the principal ." up to five (5%) percent ofthe then principal..., and trustees, upon receipt of such writing, shall make payment thereof ... during the calendar year in which said writing was received", and I wish at this time to exercise such right to the maximum extent permitted. NOW, THEREFORE, I hereby request a distribution from the Trust of five percent of the value of the principal ofthe Trust, as of the date hereof, including any additional principal assets distributable to the Trust from the Estate of Robert M. Mumma pursuant to said, Article SEVENTH. ~ L-v kck ~ 3-.3- >"r Barbara McK. Mumma Date Receipt of the foregoing Request for Distribution is hereby acknowledged. 1Ikh-~~~ d-/~-59 Lisa Mumma Morgan Date . Mrs. Barbara McK. Mumma 4333 North Ocean Boulevard Delray Beach, Florida 33483 Dear Mrs. Mumma: HADLEY Be COMPANY CERTIFIED PUBLIC ACCOUNTANTS 241 MAIN STREET BUFFA1-0, NEW YORK 14203 TELEPHONE 7U5-852-22oo FACSIMILE 718.8152-11848 June 8, 1999 Pursuant to your request, we enclose herewith a check payable to you in the amount of $ 500,000 representing a partial distribution of accumulated income in the Trust. If you have any questions, please advise. GWH:cs Enclosure cc: Mrs. Lisa M. Morgan v.JOseph O'Connor, Esq. Very truly yours, , HADLEY Be COMPANY CERTIFIED PUBL.IC ACCOUNTANTS 241 MAIN STREET BUFFALO. NEW YORK 14203 TELEPHONE 718-852-2200 FACSIMILE 710-852-5840 June 8, 1999 Mrs. Barbara McK. Mumma 4333 North Ocean Boulevard Delray Beach, Florida 33483 Re: 5% Withdrawal Power Dear Mrs. Mumma: We enclose herewith check payable to you in the amount of$ 354,000 from the Marital Trust of Robert M. Mumma. Such check represents your 1999 5% withdrawal power which you have requeste4 to exercise from the Marital Trust. Please have the check signed by Lisa Morgan as Co-Trustee prior to depositing such check. If you have any further questions relating to this matter, please advise. Very truly yours, HADLEY & COMPANY GWH:cs Enclosure cc: Mrs. Lisa M. Morgan v.1oseph O'Connor, Esq. QYyt~w J/affi; 9- '-- George Hadley, Jr. ( CA.-) , ~ HADLEY Be COMPANY CERTIFIED PUBLIC ACCOUNTANTS 241 MAIN STREET BUFFALO, NEW YORK 14203 TEI..EPHONE 71&-852-2200 F~SIMII..E 71&-852-58.. June 8, 1999 Joseph O'Connor, Esq. Morgan, Lewis & Bockius 2000 One Logan Square Philadelphia, Pennsylvania 19103 Re: Five Percent Withdrawal Power from Article 7 Trust Under Will of Robert M. Mumma for 1997 Dear Joseph: Weare providing our estimate regarding the five percent withdrawal power from Article 7 Trust Under Will of Robert M. Mumma for 1999 by Mrs. Barbara McK. Mumma. Trust Principal at December 31, 1995 per Accounting 1996 Gain Net of Taxes 1997 Gain Net of Taxes 1998 Gain Net of Taxes Increase Relating to 50 Shs. of Union Quarries, Inc. Total Assumed Market Value Trust Owns $ 6,616,660 11,424 Carrying Basis in Accounting Adjustment to Market Value - Increase Less 5% Withdrawal by Mrs. Mumma 1996 1997 1998 Adjusted Market Value Withdrawal Power (Rate) 6,000,000 50% 3,000,000 1.340.000 1,660,000 ( ( ( 4~8,000) 392,000) ~73.000) 7,085,084 5% x Amount $ 354.254 Say for 1999 Distribution Purposes $ 354.000 .. . Joseph O'Connor, Esq. Page 2 June 8, 1999 If you require further information, please advise. GWH:cs CC:. Mrs. Barbara McK. Mumma Mrs. Lisa M. Morgan Mrs. Rosalynn Vine Very truly yours, HADLEY & COMPANY ,. ?,. . ESTATE OF ROBERT M. MUMMA. DECEASED TRUST UNDER ARTICLE SEVENTH OF THE WILL OF ROBERT M. MUMMA ("the Trust") REQUEST FOR DISTRIBUTION OF PRINCIPAL BY BARBARA McK. MUMMA WHEREAS, I, Barbara McK. Mumma, am given under said Article VII with respect to the Trust the "right ... to request annually, in writing, a distribution ... from the principal... up to five (5%) percent ofthe then principal ..., and trustees, upon receipt of such writing, shall make payment thereof... during the calendar year in which said writing was received", and I wish at this time to exercise such right to the maximum extent permitted. NOW, THEREFORE, I hereby request a distribution from the Trust offive percent of the value of the principal of the Trust, as of the date hereof, including any additional principal assets distributable to the Trust from the Estate of Robert M. Mumma pursuant to said Article SEVENTH. :lJM L ht,r (~~p) Barbara McK. Mumma Date ;;L- la-tJ 0 Receipt of the foregoing Request for Distribution is hereby acknowledged. ~j~~ 02-02S-{)c) Lisa Mumma Morgan Date PH021l60441.J HADLEY & COMPANY CERTIFIED PUBLIC ACCOUNTANTS 241 MAIN STREET BUFFAL.O, NEW YORK 14203 TELEPHONE 71e-852-2200 FACSIMILE 7UI-852-584e April 5,2000 Mrs. Barbara McK. Mumma 4333 North Ocean Boulevard, Apt. D55 Delray Beach, Florida 33483 Re: 5% Distribution - 2000 Dear Mrs. Mumma: We enclose herewith Marital Trust Under Will of Robert M. Mumma check number 1799 in the amount of$ 367,000, payable to Barbara McK. Mumma. Such check should be signed by Lisa M. Morgan, as Co-Trustee, and deposited by you as sOQn as possible. If you have any questions regarding this matter, please advise. Very truly yours, GWH:cs Enclosure B cc: -1oseph O'Connor, Esq. Mrs. Lisa M. Morgan EST ATE OF ROBERT M MUMMA, DECEASED TRUST tINDER ARTICLE SEVENTH OF THE WILL OF ROBERT M. MUMMA ("the Trust") REQlJEST FOR DISTRIBUTION OF PRINCIPAL BY BARBARA McK. MUMMA WHEREAS, I, Barbara McK. Mumma, am given under said Article VII with respect to the Trust the "right ... to request annually, in writing, a distribution ... from the principal... up to five (5%) percent ofthe then principal..., and trustees, upon receipt of such writing, shall make payment thereof... during the calendar year in which said writing was received", and I wish at this time to exercise such right to the maximum extent permitted. NOW, THEREFORE, I hereby confirm that on February 15,2001 I have requested a distribution from the Trust of five percent of the value of the principal of the Trust as of January 1, 2001, ipc1uding any additional principal assets distributable to the Trust from the Estate of Robert M. Mumma pursuant to said Article SEVENTH. VIlA L~,~ ~,~_ ~-/)- "I Barbara McK. Mumma Date Receipt of the foregoing Request for Distribution is hereby acknowledged. ~t4V~ C)-Ia-O; Lisa Mumma Morgan Date I-PH: 1373137.1 . . ESTATE OF ROBERT M. MUMMA, DECEASED TRUST UNDER ARTICLE SEVENTH OF THE WILL OF ROBERT M. MUMMA ("the Trust") REQUEST FOR DISTRIBUTION OF PRINCIPAL BY BARBARA McK. MUMMA WHEREAS, I, Barbara McK. Mumma, am given under said Article SEVENTH with respect to the Trust the "right ... to request annually, in writing, a distribution ... from the principal... up to five (5%) percent of the then principal..., and trustees, upon receipt of such writing, shall make payment thereof ... during the calendar year in which said writing was received", and I wish at this time to exercise such right to the maximum extent permitted. NOW, THEREFORE, I hereby confirm that on January 4,2002 I requested a distribution from the Trust of five percent of the value of the principal of the Trust as of January 4,2002, including any additional principal assets distributable to the Trust from the Estate of Robert M. Mumma pursuant to said Article SEVENTH. -I-3ML~ JJt~- j'-02.. Barbara McK. Mumma Date Receipt of the foregoing Request for Distribution is hereby acknowledged. ~~~ L-S-oZ Lisa Mumma Morgan Date l-PH/!373137.2 ESTATE OF ROBERT M. MUMMA. DECEASED RECEIPT AND REFUNDING AGREEMENT WITH RESPECT TO PRINCIPAL WITHDRAWN FROM THE TRUST UNDER ARTICLE SEVENTH OF THE WILL OF ROBERT M. MUMMA ("the Trust") I, Barbara McK. Mumma, hereby acknowledge receipt from Barbara McK. Mumma and Lisa Mumma Morgan, Trustees of the Trust, of $448,000, distributed to me upon the exercise of my limited power to withdraw principal of said Trust. If it should be detennined that any portion of such distribution represents an overdistribution, I agree, intending to be legally bound hereby, on behalf of myself and my estate, that the amount of such overpayment will be promptly refunded to the Trust. 1:1(>/fLJ J';J<Y( JJ<P~ - I-;t:bz, Barbara McK. Mumma Date Property Withdrawn: $448,000. I-PHOLD/741620.2 . ESTATE OF ROBERT M. MUMMA. DECEASED RECEIPT AND REFUNDING AGREEMENT WITH RESPECT TO PRINCIPAL WITHDRAWN FROM THE TRUST UNDER ARTICLE SEVENTH OF THE WILL OF ROBERT M. MUMMA ("the Trust") I, Barbara McK. Mumma, hereby acknowledge receipt from Barbara McK. Mumma and Lisa Mumma Morgan, Trustees of the Trust, of $425,000, distributed to me upon the exercise of my limited power to withdraw principal of said Trust. If it should be determined that any portion of such distribution represents an overdistribution, I agree, intending to be legally bound hereby, on behalf of myself and my estate, that the amount of such overpayment will be promptly refunded to the Trust. l:3o-;LJJr/( ~~ /-'Z3-f)"2/ Barbara McK. Mumma Date Property Withdrawn: $425,000. l-PHOLDI741620J ESTATE OF ROBERT M. MUMMA. DECEASED TRUST UNDER ARTICLE SEVENTH OF THE WILL OF ROBERT M. MUMMA ("the Trust") REOUEST FOR DISTRIBUTION OF PRINCIPAL BY BARBARA McK. MUMMA WHEREAS, I, Barbara McK. Mumma, am given under said Article SEVENTH with respect to the Trust the "right ... to request annually, in writing, a distribution ... from the principal... up to five (5%) percent of the then principal..., and trustees, upon receipt of such writing, shall make payment thereof ... during the calendar year in which said writing was received", and I wish at this time to exercise such right to the maximum extent permitted. NOW, THEREFORE, I hereby confirm that on January 9,2003 I requested a distribution from the Trust of five percent of the value of the principal of the Trust as of January 9, 2003. I.k ~ ~ jn LUn(4K~/ I - 2.-3--0::- Barbara McK. M a Date Receipt ofthe foregoing Request for Distribution is hereby acknowledged. .d~ j-,;}3-cd Lisa Mumma Morgan Date I-PH/I373 137.3 I , ESTATE OF ROBERT M. MUMMA. DECEASED RECEIPT AND REFUNDING AGREEMENT WITH RESPECT TO PRINCIPAL WITHDRAWN FROM THE TRUST UNDER ARTICLE SEVENTH OF THE WILL OF ROBERT M. MUMMA ("the Trust") I, Barbara McK. Mumma, hereby acknowledge receipt from Barbara McK. Mumma and Lisa Mumma Morgan, Trustees of the Trust, of $360,000.00, distributed to me upon the exercise of my limited power to withdraw principal of said Trust. If it should be determined that any portion of such distribution represents an overdistribution, I agree, intending to be legally bound hereby, on behalf of myself and my estate, that the amount of such overpayment will be promptly refunded to the Trust. -h ~ 4,_ · / ~ ;;. -;;..3- a5 ~-1M~W //J::K. //~dJ Barbara McK. Mumma Date Property Withdrawn: $360,000.00 I-PH/l965582.2 .' , TRUST UNDER ARTICLE SEVENTH OF THE WILL OF ROBERT M. MUMMA ("the Trust"i REQUEST FOR DISTRIBUTION OF PRINCIPAL BY BARBARA McK. MUMMA WHEREAS, I, Barbara McK. Mumma, am given under said Article SEVENTH with respect to the Trust the "right ... to request annually, in writing, a distribution ....from the principal... up to five (5%) percent of the then principal..., and trustees, upon receipt of such writing, shall make payment thereof... during the calendar year in which said writing was received", and I wish at this time to exercise such right to the maximum extent permitted. NOW, THEREFORE, I hereby request a distribution from the Trust offive percent of the value ofthe principal of the Trust as of January 1,2005. 1J<24~wk J;;~ ;L-11- 0.5- Barbara McK. Mumma Date Receipt of the foregoing Request for Distribution is hereby acknowledged. ;f;/Ja~~ d-Flv~ Lisa Mumma Morgan Date I-PH/1373137.5 i " January 23, 2006 Joseph A. O'Connor, Jr. Morgan. Lewis & Bockius 1701 Market Street Philadelphia, PA 19103-2921 RE: Estate Planning Dear Joc: In connection with my estate planning, please forward a copy of my will and trust documents to Eric Job, Esq at the following address: 4600 N Ocean Blvd., Boynton Beach, FL 33435 . Mr Joh has been retained by Lisa in connection with her estate planning, and since she is the executrix and trustee for my estate, I feel sbe needs to be familiar witb the terms of my will and trust. If you have any questions about this, please do not hesitate to call. Sincerely, ~~ ~~~ Kim Mumma jJ ..e- /J". - , " : J /J .-M, jJ J"A . .....~I..(.. ~ /k~ /..;/ 0-"1 4-,6/ / //<:/( ~ 'J1r1 /'( ~e:.- TRUST UNDER ARTICLE SEVENTH OF THE WILL OF ROBERT M. MUMMA ("the Trust") REOUEST FOR DISTRIBUTION OF PRINCIPAL BY BARBARA McK. MUMMA WHEREAS, I, Barbara McK. Mumma, am given under said Article SEVENTH with respect to the Trust the "right... to request annually, in writing, a distribution... from the principal... up to five (5%) percent of the then principal..., and trustees, upon receipt of such writing, shall make payment thereof... during the calendar year in which said writing was received", and I wish at this time to exercise such right to the maximum extent permitted. NOW, THEREFORE, I hereby request a distribution from the Trust of five percent of the value of the principal of the Trust as of January 1, 2006. ~~ 'ltN!1J( ~ Barbara McK. Mumma Date Receipt of the foregoing Request for Distribution is hereby acknowledged. /: t?fu(L~~~ ~ Lisa Mumma Morgan Date ESTATE OF ROBERT M. MUMMA. DECEASED RECEIPT AND REFUNDING AGREEMENT WITH RESPECT TO PRINCIPAL WITHDRAWN FROM THE TRUST UNDER ARTICLE SEVENTH OF THE WILL OF ROBERT M. MUMMA ("the Trust") I, Barbara McK. Mumma, hereby acknowledge receipt from Barbara McK. Mumma and Lisa Mumma Morgan, Trustees of the Trust, of $340,000.00, distributed to me upon the exercise of my limited power to withdraw principal of said Trust. If it should be determined that any portion of such distribution represents an overdistribution, I agree, intending to be legally bound hereby, on behalf of myself and my estate, that the amount of such overpayment will be promptly refunded to the Trust. 1)0.4 Lu /JN~ JJ;~ Barbara McK. Mumma ( Date Property Withdrawn: $340,000.00 .. Marital Trust of Robert M Mumma P.O. Box 390 Camp Hill, Pennsylvania 17001-0390 February 5,2007 Joseph A. O'Connor, Jr. 1701 Market Street Philadelphia, PA 19103-2921 RE: 2007 Withdrawal Dear Joe: Please find enclosed the executed originals of Kim's 2007 5% withdrawal request. I have retained copies for my files. Sincerely, ~o.J Lisa M Morgan ESTATE OF ROBERT M. MUMMA. DECEASED RECEIPT AND REFUNDING AGREEMENT WITH RESPECT TO PRINCIPAL WITHDRAWN FROM THE TRUST UNDER ARTICLE SEVENTH OF THE WILL OF ROBERT M. MUMMA ("the Trust") I, Barbara McK. Mumma, hereby acknowledge receipt from Barbara McK. Mumma and Lisa Mumma Morgan, Trustees of the Trust, of$325,000.00, distributed to me upon the exercise of my limited power to withdraw principal of said Trust. If it should be determined that any portion of such distribution represents an overdistribution, I agree, intending to be legally bound hereby, on behalf of myself and my estate, that the amount of such overpayment will be promptly refunded to the Trust. .()4A~...)~a~ Barbara M-cK. M . /-/1- tJ -J Date Property Withdrawn: $325,000.00 , TRUST UNDER ARTICLE SEVENTH OF THE WILL OF ROBERT M. MUMMA (''the Trust") REOUEST FOR DISTRIBUTION OF PRINCIPAL BY BARBARA McK. MUMMA WHEREAS, I, Barbara McK. Mumma, am given under said Article SEVENTH with respect to the Trust the "right. .. to request annually, in writing, a distribution. .. from the principal ... up to five (5%) percent of the then principal..., and trustees, upon receipt of such writing, shall make payment thereof. .. during the calendar year in which said writing was received", and I wish at this time to exercise such right to the maximum extent permitted. NOW, THEREFORE, I hereby request a distribution from the Trust of five percent of the value of the principal of the Trust as of January 1, 2007. ~ IJ Q/) j'4-1eJ ~ ?t ~ Barbara McK. Mumma /- 17-07 Date Receipt of the foregoing Request for Distribution is hereby acknowledged. ~~~rt/Pt ESTATE OF ROBERT M. MUMMA. DECEASED RECEIPT AND REFUNDING AGREEMENT WITH RESPECT TO PRINCIPAL WITHDRAWN FROM THE TRUST UNDER ARTICLE SEVENTH OF THE WILL OF ROBERT M. MUMMA ("the Trust") I, Barbara McK. Mumma, hereby acknowledge receipt from Barbara McK. Mumma and Lisa Mumma Morgan, Trustees of the Trust, of$305,000.00, distributed to me upon the exercise of my limited power to withdraw principal of said Trust. If it should be determined th.at any portion of such distribution represents an overdistribution, I agree, intending to be legally bound hereby, on behalf of myself and my estate, that the amount of such overpayment will be promptly refunded to the Trust. 13 QA t--J lw! ?!t ~ Barbara McK. Mumm I-Iff-I) 8' . Date Property Withdrawn: $305,000.00 ,. TRUST UNDER ARTICLE SEVENTH OF THE WILL OF ROBERT M. MUMMA ("the Trust") REOUEST FOR DISTRIBUTION OF PRINCIPAL BY BARBARA McK. MUMMA WHEREAS, I, Barbara McK. Mumma, am given under said Article SEVENTH with respect to the Trust the "right... to request annually, in writing, a distribution... from the principal". up to five (5%) percent ofthe then principal. ", and trustees, upon receipt of such writing, shall make payment thereof... during the calendar year in which said writing was received", and I wish at this time to exercise such right to the maximum extent permitted. NOW, THEREFORE, I hereby request a distribution from the Trust of five percent of the value of the principal of the Trust as of January 1, 2007. 13i3J1L.....J lh.-X. tq~ H</-"c/ Barbara McK. Mumma Date Receipt of the foregoing Request for Distribution is hereby acknowledged. ~~~~~~~ Lisa Mumma Morgan /-/? -of Date CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent of Martson Law Offices hereby certify that a copy of the foregoing Motion of Barbara McK. Mumma and Lisa M. Morgan to Dismiss Objections Asserting Barbara McK. Mumma's Exercise ofW ithdrawal Rights under Article Seventh ofW ill Was Invalid or Improper was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Robert M. Mumma, II Box 58 Bowmansdale, P A 17008 Mr. Robert M. Mumma, II 6880 S.E. Harbor Circle Stuart, FL 34996-1968 Mr. Robert M. Mumma, II 840 Market Street, Suite 164 Lemoyne, P A 17043 Ralph A. Jacobs, Esquire JACOBS & SINGER, LLC 1515 Market Street, Suite 705 Philadelphia, PA 19102 (Attorney for Barbara Mann Mumma) Brady L. Green, Esquire MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103-2921 (Attorney for Estate and Executrixes) Ms. Linda Mumma Roth P.O. Box 480 Mechanicsburg, P A 17055 Taylor P. Andrews, Esquire ANDREWS & JOHNSON 78 West Pomfret Street Carlisle, PA 17013 (Court-Appointed Auditor) Date: May 30, 2008 a~mCES By 'i\J Jtl Alni J. mma 10 East High Street Carlisle, PA 17013 (717) 243-3341