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HomeMy WebLinkAbout09-15-08'» t Ralph A. Jacobs (I.D. No. 21387) Ralph A. Jacobs & Associates LLC 1515 Market Street Suite 705 Philadelphia, PA 19102 (215) 789-3110 N_ ~o 3~~ "V :: --~ ~. ~ l~'` - .)tiJ v7~ ~~ ~ Counsel fo B b w r ar ara Mann Mumma IN RE: ESTATE OF ROBERT M. MUMMA, DECEASED IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY ORPHANS COURT DIVISION NO. 21-86-398 OBJECTIONS OF BARBARA MANN MUMMA Barbara Mann Mumma hereby objects to the Accounts filed by the Executrices/Trustees in this matter on the following grounds: 1 • The selection of assets to be distributed to the Marital Trust and the Residuary Trust was inappropriate inasmuch as assets for which rapid appreciation could be expected were placed in the Marital Trust, not the Residuary Trust, thereby prejudicing the interests of beneficiaries and creating the potential for unnecessary estate tax liability upon the death of Barbara McKim Mumma. 2• Assets distributed to Barbara McKim Mumma as income distributions, including the Fulton Bank property, appear to have been undervalued thereby prejudicing ~_-., ~_ c-~; f-; C3~ :.ate r =r- :~ r~~j , `rz ~:: ~:~ {.,ice __ ~;, 9'"_ `2 't the interests of other beneficiaries. r ! 3• Inadequate valuation was made of certain assets distributed to Barbara McKim Mumma pursuant to her power to receive an annual distribution of 5% of the value of the Marital Trust, thereby prejudicing the interests of other beneficiaries. 4• Discretionary distributions were made to Barbara McKim Mumma from the Marital Trust despite her indication that she did not want distributions unless re ui q red for her immediate expenses, thereby prejudicing other beneficiaries and creatin the g potential for unnecessary estate tax liability 5• Estate assets and entities in which estate had an interest, including Bobali, were not managed efficiently resulting in a failure to maximize income and value, unnecessary exposure to liability, and the burdening of beneficiaries with expenses to prevent tax sales and to take other steps to preserve assets that should have been better protected. 6. unnecessary legal and other expenses and prejudicing the interests of beneficiaries. ~• The Estate was administered in a manner that exacerbated friction among family members thereby delaying the administration of the estate, increasing legal and other expenses, failing to effectuate the intent of the Testator, and otherwise prejudicin g beneficianes. The Estate was not wound up promptly or efficiently, instead incurring 2 r .,, Permission is requested to submit additional objections in the event further information is received at the postponed deposition of Joseph A. O'Conner, Jr., Es uire q , or other discovery proceedings in this matter. Respectfully submitted, Ralph A. Jacobs Attorney I.D. No. 21387 Ralph A. Jacobs & Associates LLC 1515 Market Street Suite 705 Philadelphia, PA 19102 (215) 789-3110 Counsel for Barbara Mann Mumma Dated: January 30, 2008 3 r + CERTIFICATE OF SERVICE I, Ralph A. Jacobs, hereby certify that I caused a copy of the foregoin Ob'ecti of Barbara Mann Mumma to be served via United States First Class mail u n t J °ns following on this 30th day of Janu P he ary, 2008: No V. Otto, III, Esquire Martson Deardorff Williams & Otto, P.C. Ten East High Street Carlisle, Pennsylvania 17013-3015 Brady L. Green, Esquire Morgan, Lewis & Bockius LLP 1701 Market Street Philadelphia, PA 19103-2921 Robert M. Mumma, II, pro se Box 58 Bowmansdale, PA 17008 ~\ Ralph A. Jacobs ~-