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Home My WebLink About05-30-08 (13) George B. Faller, Jr., Esquire J.D. No. 49813 Ivo V. Otto, III, Esquire 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 Attorneys for Barbara McK. Mumma and Lisa M. Morgan o co ~?€; "\-c ..-~ r-:> c::> ~ cO ~ ,.- -, 0) c..: ....,f) -::J .~-) C) :~'--'\"'l.-1 ~ '55 --\ --0 -,;;... > ~,~' c...) \.0 INRE: Estate of Robert M. Mumma, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 21-86-398 Deceased. ORPHANS' COURT DIVISION MOTION OF BARBARA MCK. MUMMA AND LISA M. MORGAN TO DISMISS OBJECTIONS BASED UPON PURPORTED EXISTENCE OF AGREEMENT AMONG SHAREHOLDERS OF PENNSYL VANIA SUPPL Y COMPANY Barbara McK. Mumma and Lisa M. Morgan respectfully move as follows for dismissal of Robert M. Mumma, II's objections based upon the purported existence of various shareholders' agreements to the accounts filed by Mrs. Mumma and Mrs. Morgan with respect to the Estate of Robert M. Mumma, Deceased, and the Trusts established under his will. 1. Mr. Mumma, II has raised a number of allegations, nominally postured as "objections" to the accounts filed by Mrs. Mumma and Mrs. Morgan with respect to the Estate and the Trusts, with respect to the purported existence and legal import of an agreement among the shareholders of Pennsylvania Supply Company 1 2. Mr. Mumma, II claims, based on the alleged agreement, that Pennsylvania Supply Company or, in the alternative, its individual shareholders, were entitled to buy Mr. Mumma, Sr.'s majority shareholdings in the corporation upon his death. 3. Mr. Mumma, II's claims with respect to the purported shareholder agreement for Pennsylvania Supply Company are legally inadequate on a number of grounds, including: (a) Any claims or objections based on the purported shareholders' agreement is time-barred, as Mr. Mumma, II claims to have been aware of the alleged agreement at the time of his father's death, and he concedes he has not seen it since. (b) Mr. Mumma, II has conceded that while he "believes" such an agreement existed, he cannot state its terms. As a consequence, he is not able to proof the existence or terms ofthe agreement by clear and convincing evidence as required under Pennsylvania law. (c) Any agreement among the shareholders of Pennsylvania Supply Company that might have existed at the time of Mr. Mumma, Sr.' s death is irrelevant because all of the corporation's shareholders, including Mr. Mumma, II, agreed to its dissolution in December 1986. Mr. Mumma, II's challenges to that liquidation have been fully and finally adjudicated against him in prior litigation. 4. Additional factual background, argument and legal authority in support of this motion is set forth in Mrs. Mumma and Mrs. Morgan's accompanying memorandum of law, which is incorporated by reference herein. 2 WHEREFORE, Mrs. Mumma and Mrs. Morgan request that the Court dismiss all claims and objections of Robert M. Mumma, II based upon the purported existence of an agreement among the shareholders of Pennsylvania Supply Company. Respectfully submitted, BY:~~ ~ George B. Faller, Jr., Esquire J.D. No. 49813 Ivo V. Otto, III, Esquire J.D. No. 27763 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, P A 17013 (717) 243-3341 Brady L. Green, Esquire MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, P A 19103-2921 (215) 963-5079 Date: May 30, 2008 Attorneys for the Estate and Executrixes 3 CERTIFICATE OF SERVICE I I A an authorized agent of Martson Law Offices hereby certify that a copy of the foregoin Motion of Barbara McK. Mumma and Lisa M. Morgan to Dismiss Objections based upon Purported Existence of Agreement Among Shareholders of Pennsylvania Supply Company 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, P A 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 PomfTet Street Carlisle, P A 17013 (Court-Appointed Auditor) 10 East High Street Carlisle, P A 17013 (717) 243-3341 Date: May 30, 2008 F:\FILES\Clients\Mumma 5844.1 (estate) 8747 (Kim)\S844.I.Mumma ijstate\S844.l.Motion to Dismiss - PSC Agreement.DOC