HomeMy WebLinkAbout09-08-08___ _ _ __ . _ _ r
III
IN RE: ESTATE OF IN THE COl
ROBERT M. MUNIlvIA, CUMBERL~
Deceased
ORPHAN' S
N0.21-86-3
OF COMMON PLEAS OF
COUNTY, PENNSYLVANIA
N
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AND NOW comes Robert M. Mumma, II, pro se, who hereby files the instant
EMERGENCY MOTION, and in support thereof avers as follows:
1. The undersigned Movant, Robert M. M a, II, an adult individual, is pro se in
this matter inasmuch as no attorney has currently entered an appearance on his behalf.
2. The Movant is a beneficiary of the
under the Will of the Decedent.
Estate and the Trusts created
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3. The Movant is a trustee of contingent beneficiaries of the above-captioned Estate
and Trusts.
4. In accordance with prior court orders enter d in this matter, including, but not
limited to, this Court's Order dated February 23, 2000, th Movant has standing in this case.
5. The Executrices of the Estate and the
Trust are Lisa Mumma Morgan and Barbara McK. r
6. The foregoing individuals and entities are
Morgan, Lewis & Bockius and The Manson Law Office.
7. The Executrices /Trustees have a
and to preserve the assets of the Estate and the Trusts.
of the Marital Trust and Residuary
by the law firms of
legal and fiduciary duty to protect
8. The Executrices /Trustees have legal and duciary duties to prevent the assets of
the Estate and the Trusts from being mismanaged, Bimini hed, threatened, converted, or
otherwise subject to waste or the assertion of claims of o ers.
9. As beneficiary and as trustee of
to protect the interests of same in the Estate and the
interests from being mismanaged, diminished, threE
waste or the assertion of claims of others.
beneficiaries, the Movant has the right
and to seek protection of such
converted, or otherwise subject to
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10. The Executrices /Trustees have a legal an fiduciary duty to make timely
payment of real estate taxes which become due and payab a on real property of the Estate and the
Trusts.
11. Certain real property of the Estate and the rusts is located in Lemoyne,
Pennsylvania and consists of .83 acres which is more full described as "Lot 1 PB 47 PG 38,
Commercial -Vacant Land, 12`~ Street & Camp Hill By- ass" and is located in the Cumberland
County Tax Claim Bureau at Map Number 12-20-1856-0 9.
12. Despite their knowledge of their legal and duciary responsibilities to do so, the
Executrices /Trustees have failed to make payment of th real estate taxes due and owing on the
aforesaid real property.
13. The Cumberland County Tax Claim
with respect to the aforesaid real property which in
such real property at public sale for the purpose of
all costs incidental thereto.
Sure u has issued a "Notice of Public Sale"
irate the Tax Claim Bureau will expose
~llec ' g unpaid taxes, municipal claims and
14. The Cumberland County Tax Claim Bure u has issued written notice to parties of
interest which indicates that the real property is about to sold without the owners consent for
delinquent taxes and that the real property may be sold f r a small fraction of its fair market
value.
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15. The Cumberland County Tax Claim Burea has issued written notice to parties of
interest which indicates that said Bureau will expose the oresaid real property at Public Sale in
the Cumberland County Old Courthouse on SEPTEMBE 25, 2008 at 10:00am.
16. The Cumberland County Tax Claim Burea has issued written notice to parties of
interest which indicates that the approximate upset price r which the real property shall be sold
is $8,280.11.
17. The Cumberland County Tax Claim Bi
interest which indicates that the sum for taxes prior to
the Public Sale is $3,801.64.
18. The Executrices /Trustees have violated
payment of delinquent real estate taxes which have becc
the Estate and the Trusts, and have subjected said real p
great prejudice and detriment to the interests of the bens
has issued written notice to parties of
will remove the real property from
it legal and fiduciaries duty to make
due and payable on real property of
erty to Public Sale which would cause
iaries and contingent beneficiaries.
19. The Executrices /Trustees should be orde ed forthwith to make payment of any
and all real estate taxes (delinquent or otherwise) which due and owing on real property of
the Estate and the Trusts.
20. At a minimum, the Executrices /Trustees
payment of the aforesaid delinquent real estate taxes whi
real property of the Estate and the Trusts in the sum of $:
should be ordered forthwith to make
~h are due and owing on the aforesaid
~, 801.64 (or any adjusted sum which
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may hereafter apply, with or without any incidental costs may accrue, so as to prevent the real
property from being exposed to public sale by the Tax Cl ' Bureau).
21. For purposes of this motion, the Movant h reby invokes and incorporates by
reference thereto all remedies, claims, actions, and relat relief available for the removal of
Executrices and the Trustees as set forth in the Probate, E~tates and Fiduciaries Code, and further
invokes and incorporates by reference thereto all remedie ,rights, claims, entitlements, actions,
and related relief available to the Movant as a beneficiary or interested party as set forth in the
Probate, Estates, and Fiduciaries Code.
22. Pursuant to Cumberland County Rule of
has not obtained the concurrence of any counsel to the otl
prior statements and representations of said counsel have
receive cooperation from them with respect to such a
have said counsel removed as legal representation of the
23. Pursuant to Cumberland County Rule of
Honorable Wesley Oler has previously ruled on prior mo~ti
Procedure 208.3(a)(9), the Movant
interested parties inasmuch as the
that the Movant would not
in addition, a motion is pending to
and the Trusts.
Procedure 208.3(a)(2), the
filed by the parties hereto.
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WHEREFORE, the Movant respectfully requests t this Honorable Court issue an
Order which Grants the instant EMERGENCY MOTION which DIRECTS and ORDERS
the Executrices and the Trustees to make immediate pa ent forthwith of the aforesaid
delinquent real estate taxes which aze now due and owing on the aforesaid real property, and
which further directs and orders the Executrices and the tees to take any and all necessazy
and appropriate measures to prevent any real property of a Estate and the Trusts from being
exposed to any public sale by any taxing authorities, or, ternatively, that this Honorable Court
issue an appropriate Order which schedules a EMERGE CY HEARING on this matter so as to
prevent the public sale now scheduled for September 25 2008 at 10:00am.
Respectfully submitted,
Robert M. Mumma, II ` " '
Box 58
Bowmansdale, PA 17008
(717) 612-9720
PROSE
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I, Robert M. Mumma, II, do hereby certify that a
MOTION TO PREVENT PUBLIC SALE OF REAL ES'
DUE TO NONPAYMENT OF DELINQUENT TAXES
TRUSTEES was served this date by U.S. Mail, first class
George B. Faller, Jr., Esquire
No V. Otto, III, Esquire
Martson Law Offices
10 East High Street
Cazlisle, PA 17013
Brady Green, Esquire
Morgan, Lewis & Bockius, LLP
1701 Mazket Street
Philadelphia, PA 19103-2921
Ralph Jacobs, Esquire
1515 Mazket Street -Suite 705
Philadelphia, PA 19102
Linda Mumma Roth
PO Box 480
Mechanicsburg, PA 17055
Cumberland County Tax Claim Bureau
One CourtHouse Square
Carlisle, PA 17013 - 3389
DATE: September 8, 2008
spy of the foregoing EMERGENCY
ATE BY TAX CLAIM BUREAU
3Y THE EXECUTRICES /
postage prepaid, addressed to:
BY: ~~ ~
Robert M. Mumma, II
Box 58
Bowmansdale, PA 17008
717-612-9720
PRO SE