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Home My WebLink About07-17-08George B. Faller, Jr., Esquire I.D. No. 49813 No V. Otto, III, Esquire c7 a LD. No. 27763 ~~ "" "Y' `~ -~ MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER a~ C r' ~; c_ _~r -z~ MARTSON LAW OFFICES `- _ ~ ~ ,,, __- ~--~ ~:~T 10 East High Street =~~o r- t ~ Carlisle, PA 17013 , -- ~ . I (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 FURTHER MOTION OF ROBERT M. MUMMA II FOR SUPPLEMENTAL ACCOUNTING PURSUANT TO ORPHANS' COURT ORDER OF OCTOBER 3.2007 AND 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. 8. Admitted. By way of further response, on August 15, 1991, Accounts were filed for the Residuary Trust, the Marital Trust and the Estate. On June 1, 2000, Accounts were filed for the Residuary Trust, the Marital Trust and the Estate. On May 15, 2000, Accounts were filed for the Marital Trust and the Estate. On January 8, 2004, a Fourth and Final Account was filed for the Estate, however it has not yet been presented for confirmation. Accounts were filed for the Marital Trust and the Residual Trust on March 9, 2004. 9. Admitted. 10. Admitted in part; denied in part. Mrs. Mumma and Mrs. Morgan admit that an account was filed for the Residuary Trust on March 9, 2000, and that on March 26, 2004, a praecipe was filed referring to that account stating that "such filing is for information purposes only and is not to be presented for confirmation." See also Paragraph 8 above. 11. Admitted. 12. Admitted that Robert M. Mumma, II filed supplemental objections to the accounts on May 27, 2004. 13. Admitted. 14 Admitted. 15. 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. 16. 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 characterizations thereof and all remaining allegations of this paragraph. 17. 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. 18. 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. 19. Admitted in part, denied in part. Mrs. Mumma and Mrs. Morgan admit that the last 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. 20. 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 29, 2008. Mrs. Mumma and Mrs. Morgan deny the remaining allegations of this paragraph as argumentative and not requiring a response. 21. 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. 22. Admitted. 23. 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. 24. Admitted in part, denied in part. Mrs. Mumma and Mrs. Morgan admit that the Auditor has not held any hearings or issued any substantive orders for a period of months. However, they are not aware, and therefore deny, any allegations regarding any work performed or steps taken by the Auditor during that time. The remaining allegations of the paragraph appear to constitute legal conclusions to which no response is required and/or are too vague and ambiguous to be susceptible of a meaningful response, and Mrs. Mumma and Mrs. Morgan deny all such allegations. By way of further response, Mrs. Mumma and Mrs. Morgan deny that they have failed to meet any obligation imposed by any of the cited sections of the Probate, Estates and Fiduciaries Code or "related Pennsylvania law." They further deny that they are obligated to file a "supplemental accounting" as part of the instant proceedings, which relate to accountings previously filed and objections to those accountings. Mrs. Mumma and Mrs. Morgan intend to supplement the accounts for the trusts under the will of Robert M Mumma, Deceased at an appropriate time. They already have filed a final accounting for his Estate. 25. Denied. No response to this paragraph is necessary, and Mrs. Mumma and Mrs. Morgan therefore deny its allegations. 26. Denied. No response to this paragraph is necessary, and Mrs. Mumma and Mrs. Morgan therefore deny its allegations. By way of further response, Mrs. Mumma and Mrs. Morgan incorporate by reference all prior statements, motions and briefing on the subject of Mr. Mumma, II's allegations that they have failed appropriately to account for property owned by the Estate and the Trusts and/or actions taken by them as executrices and trustees. 27. Admitted in part, denied in part. Mrs. Mumma and Mrs. Morgan admit that Mr. Mumma, 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. 28. 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 Supplemental Accounting Pursuant to Orphans' Court Order of October 3, 2007, be denied. MARTSO AW OFFICES By Date: July 16, 2008 George .Fall Jr., Esquire LD. No. 4981 No V. Otto, III, Esquire I.D. No. 27763 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Barbara McK. Mumma c~C Lisa M. Morgan F:\FILES\CGents\Mumma 5644.1 (estate) 8747 (Kim)\5844. LMttmma Estate\5844-1.398.catservice 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, II for Supplemental Accounting 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) MARTSON L W OFFI S By Tricia D. E enroad 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 16, 2008