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Home My WebLink About07-16-08 (5) ~., : , v _,.. _ _ _ George B. Faller, Jr., Esquire I.D. No. 49813 No V. Otto, III, Esquire ^~°r•, ,. ~,~.9 J'JL 16 PPS ~-: ~ LD. No. 21763 MARTSO]N DEARDORFF WILLIAMS OTTO GILROY & FALLER c`~ i,,,`_ C;~~.r~K ._,r MARTSO:~f~ LAW OFFICES O~;'~"-'~~'''J'`~ G~~~URT 10 East High Street ~~ ~~ '~~ _ ~ ~ ,' ~~ Carlisle, P.A 17013 (717) 243-3341 Attorneys :For the Estate IN RE ESTATE OF IN THE COURT OF COMMON PLEAS OF ROBERT :M. MUMMA :CUMBERLAND COUNTY, PENNSYLVANIA Deceased N0.21-86-398 ORPHAN'S COURT DIVISION RESPONSE OF BARBARA McK. MUMMA AND LISA M. MORGAN TO FURTI~ER MOTION OF ROBERT M. MUMMA II FOR DISCLOSURE OF EXECUTRICES' AND/OR TRUSTEES' STATUS AS SHAREHOLDERS PURSUANT TO ORPHANS' COURT ORDER OF OCTOBER 3 2007 AI\fD NOW, comes Lisa Mumma Morgan and Barbara McK. Mumma as Executrices of the Estate of Robert M. Mumma and Trustees under his will, respond as follows to the Motion of Robert M. Mumma, II: 1. Admitted. Mrs. Mumma and Mrs. Morgan admit that Mr. Mumma, II, is currently acting pro se in that no counsel has entered an appearance on his behalf. Mrs. Mumma and Mrs. Morgan understand, however, that Mr. Mumma, II, is being assisted by counsel with respect to these matters. 2. Denied. To the contrary, a disclaimer was filed in this matter on or about January 6, 1987, whereby the Petitioner disclaimed any interest in the above-captioned Estate. The Court has not issued a final ruling on the effect of that disclaimer, as indicated in the Auditor's letter of September 26, 2005. By way of further response, Mrs. Mumma and Mrs. Morgan incorporate by reference their Response to Petition to Orphans' Court Division for the Entry of the Date of the Deemed Denial of Exceptions Under Pennsylvania Orphans' Court Rule 7.1(f) and New Matter. ~~~ 3. Denied. After reasonable investigation, Mrs. Mumma and Mrs. Morgan are without knowledge or information sufficient to form a belief as to the truth or falsity of this averment. They demand strict proof. 4. Denied. To the contrary, see the averments of Paragraph 2 above, which are incorporated herein by reference. 5. Admitted. 6. Admitted. 7. Admitted that Robert M. Mumma, II, filed a motion to recuse the Auditor and to appoint a new Auditor on or about January 31, 2005. 8. Admitted in part, denied in part. Mrs. Mumma and Mrs. Morgan admit that Judge Oler has referred the issues raised in various motions or petitions filed in the case to the; Auditor for purposes of a recommended order and/or interim report. Those orders are in writing and speak for themselves, and Mrs. Mumma and Mrs. Morgan deny all charactf;rizations thereof and all remaining allegations of this paragraph. 9. Admitted in part, denied in part. Mrs. Mumma and Mrs. Morgan admit that Judge Oler presided over a proceeding on October 3, 2007. Mrs. Mumma and Mrs. Morgan deny that the proceeding was a "hearing." On the contrary, the October 3, 2007, proceeding; was a Status Conference at which Judge Oler issued a comprehensive Order setting deadlines for completion of various aspects of these proceedings. 10. Admitted in part, denied in part. Mrs. Mumma and Mrs. Morgan admit the Auditor's last "interim report" was dated December 30, 2005. Mrs. Mumma and Mrs. Morgan deny all remaining allegations of this paragraph as argumentative and not requiring a response. 11. Admitted in part, denied in part. Mrs. Mumma and Mrs. Morgan admit that the la:>t pre-hearing conference held by the Auditor occurred on October 19, 2006. Mrs. Mumma and Mrs. Morgan deny the remaining allegations of this paragraph as argumentative and not requiring a response. 12. Admitted in part; denied in part. Mrs. Mumma and Mrs. Morgan admit that the Auditor made several attempts by letters in January and February, 2008 to schedule apre-hearing conference. However, the Auditor's letter of February 11, 2008, indicates that it is Mr. Mumma, II, who advised he was not available for apre-hearing conference that was originally scheduled, and agreed to by counsel, for February 2.9, 2008. Mrs. Mumma and Mrs. Morgan deny the remaining allegations of this paragraph as argumentative and not requiring a response. 13. Denied. Mrs. Mumma and Mrs. Morgan are without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph, which therefore are deemed to be denied. Mrs. Mumma and Mrs. Morgan are not aware of any actions the Auditor has taken since February, 2008 to schedule apre-hearing conference in this case. 14. Admitted. 15. Admitted in part, denied in part. Mrs. Mumma and Mrs. Morgan admit that Judge Oler has issued Orders referring issues to the Auditor for purposes of a recommended order and/or interim report, and that the Auditor has not issued any recommended orders or interim reports since at least January, 2008. Mrs. Mumma and Mrs. Morgan deny the remaining allegations of this paragraph as argumentative and not requiring a, response. They also deny any implication that the Court set forth deadlines or time periods for the Auditor to decide any matters that have been referred to him. 16. Denied. The allegations of this paragraph constitute legal conclusions and or otherwise do not require a response. They are, therefore, denied. By way of further response, to the extent that the allegations of this paragraph refer to alleged shareholdings by Mrs. Mumma or Mrs. Morgan individually in any of the listed corporations, such allegations are irrelevant to the instant proceedings. To the extent they relate to interests owned by the Estate of Robert M. Mumma, Deceased or the Trusts established in his will, such interests result directly or indirectly from the stock ownership of Mr. Mumrna, Sr., as of the date of his death. Mrs. Mumma and Mrs. Morgan expressly deny that they have ever failed to disclose the grounds upon which the Estate and/or the Trusts own interests in any Mumma family corporations. On the contrary, they have repeatedly provided information on these issues to Mr. Mumma, II, both formally and informally. Mrs. Mumma and Mrs. Morgan incorporate by reference their responses to all discovery served and/or requests or inquiries made by Mr. Mumma, II, and/or his counsel in this and/or other proceedings, including all documents produced or provided in responsc; to such discovery, requests or inquiries. 17. Denied. The allegations of this paragraph constitute legal conclusions to which no response is required. Moreover, they are vague, ambiguous and not susceptible of a meaningful response. They are, therefore, denied. By way of further response, the allegations of this paragraph are wholly inadequate to allege claims or causes of action under the Pennsylvania Rules of Civil Procedure or the cited statutory sections. Mrs. Mumma and Mrs. Morgan deny that they lack or ever have lacked appropriate authority or status for any step or action they have taken in respect of the Estate of Robert M: Mumma, Deceased or the Trusts established under his will. 18. Denied. No response to this paragraph is necessary, and Mrs. Mumma and Mrs. Morgan therefore deny its allegations. 19. Denied. No response to this paragraph is necessary, and Mrs. Mumma and Mrs. Morgan therefore deny its allegations. 20. Admitted in part, denied in part. Mrs. Mumma and Mrs. Morgan admit that Mr. T/Iumma, II, did not seek concurrence of counsel prior to filing the instant motion. Mrs. Mumma and Mrs. Morgan deny the remaining allegations of this paragraph. 21. Admitted. Judge Oler has previously decided motions and petitions filed in these proceedings. WHEREFORE, Mrs. Mumma and Mrs. Morgan respectfully request that Mr. Mumma, II's Further Motion for Disclosure of Executrices' and/or Trustees' Status as Shareholders Pursuant to Orphans' Court Order of October 3, 2007, be denied. MAR By Date: July 16, 2008 W OFFICES I.D. No. 49813 ~ No V. Otto, III, Esquire I.D. No. 27763 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Barbara McK. Mumma & Lisa M. Morgan F'~FILES\Clients\Mumma 5844.1 (estate) 8747 (Kim)\5644.1.Mwnma Estate\5844-1.398.certservice CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent of Martson Law Offices, hereby certify that a copy of the foregoing Response of Barbara Mck. Mumma and Lisa M. Morgan to Further Motion of Robert M. Mumma, I[, for Disclosure of Executrices' And/or Trustees' Status as Shareholders Pursuant to Orphans' Court Order of October 3, 2007, was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Robert M. Mumma, II Box 58 Bowmansdale, PA 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, PA 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) Taylor P. Andrews, Esquire ANDREWS & JOHNSON 78 West Pomfret Street Carlisle, PA 17013 (Court-Appointed Auditor) MARTS N LAW OFFICES By ~ ~ Tricia D. ckenroad 10 East Hi Street Carlisle, PA 17013 (717) 243-3341 Dated: July 16, 2008