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HomeMy WebLinkAbout09-19-08F:\F1LES\Clients\Mumma 5844.1 (estate) 8747 (Kim)\5844J.M~mma Estate\5844.1.resp tax sale.doc Revised: 9/19/08 9:31AM George B. Faller, Esquire I.D. Number 49813 No V. Otto, III, Esquire LD. Number 257763 n Jennifer L. Spears, Esquire ~:o -~ i '-` ` ~ LD. Number 87445 ~f ~ ~ , r4, -~ ` MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 7: -~ - , ~ MARTSON LAW OFFICES J\ ~ 10 East High Street - , ~' Wt. Carlisle, PA 17013 `'~ _ ~ ~ ~`~ (717) 243-3341 ~ ~, Attorneys for Barbara McK. Mumma and Lisa M. Morgan ^' IN RE: IN THE COURT OF COMMON PLEAS OF Estate of Robert M. Mumma, CUMBERLAND COUNTY, PENNSYLVANIA Deceased NO. 21-86-398 ORPHAN'S COURT DIVISION ANSWER OF BARBARA MCK. MUMMA AND LISA M. MORGAN TO EMERGENCY MOTION TO PREVENT PUBLIC SALE OF REAL ESTATE BY TAX CLAIM BUREAU DUE TO NONPAYMENT OF DELINOUENT TAXES BY THE EXECUTRICES/TRUSTEES AND NOW, Barbara McK. Mumma and Lisa M. Morgan respond as follows to the Emergency Motion to Prevent Public Sale of Real Estate by Tax Claim Bureau Due to Nonpayment of Delinquent Taxes by the Executrices/Trustees: 1. Admitted. By way of further response, Mr, Mumma, II is, upon information and belief, being assisted by James G. Gault, Esquire, though Mr. Gault has not entered his appearance of record on behalf of Mr. Mumma, II. 2. Denied. To the contrary, a disclaimer was filed in this matter on or about January 12, 1987, whereby Mr. Mumma, II disclaimed any interest under the will of Robert M. Mumma. No court has issued a final ruling on the effect of the disclaimer. 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. 4. Denied. To the contrary, see the averments of Paragraph 2 above, which are incorporated herein by reference. 5. Admitted. 6. Admitted. 7. The allegations of this paragraph constitute legal conclusions to which no responsive pleading is required, and Mrs. Mumma and Mrs. Morgan therefore deny them. By way of further response, Mrs. Mumma and Mrs. Morgan deny that any actions taken by them with respect to the estate of Robert M. Mumma or the trusts established under his will have been inconsistent with or in violation of Mrs. Mumma and Mrs. Morgan's "legal and fiduciary duties." On the contrary, Mrs. Mumma and Mrs. Morgan have at all times attempted to protect the estate and the trusts against repeated attacks and litigation by Mr. Mumma, II that have had, and continue to have, an adverse financial impact upon the estate and the trusts. 8. The allegations of this paragraph constitute legal conclusions to which no responsive pleading is required, and Mrs. Mumma and Mrs. Morgan therefore deny them. By ~vay of further response, Mrs. Mumma and Mrs. Morgan deny that any actions taken by them with respect to the estate of Robert M. Mumma or the trusts established under his will have been inconsistent with or in violation of Mrs. Mumma and Mrs. Morgan's "legal and fiduciary duties." On the contrary, Mrs. Mumma and Mrs. Morgan have at all times attempted to protect the estate and the trusts against repeated attacks and litigation by Mr. Mumma, II that have had, and continue to have, an adverse financial impact upon the estate and the trusts. 9. The allegations in this paragraph constitute legal conclusions to which no responsive pleading is required. To the extent any response is required, Mrs. Mumma and Mrs. Morgan deny the allegations. Further, the Responses to Paragraphs 2 and 3 above are incorporated herein by reference. 10. Admitted. 11. Admitted in part; denied in part. Mrs. Mumma and Mrs. Morgan admit that legal titue to this property is currently held by Mumma Realty Associates II, an entity in which the estate is a majority owner; however, they believe it may have been intended to be conveyed in connection with the conveyance of adjoining property. 12. Denied. The allegations of this paragraph constitute legal conclusions to which no responsive pleading is required, and Mrs. Mumma and Mrs. Morgan therefore deny them. By way of further response, Mrs. Mumma and Mrs. Morgan deny that any actions taken by them with respect to the estate of Robert M. Mumma or the trusts established under his will have been inconsistent with or in violation of Mrs. Mumma and Mrs. Morgan's "legal and fiduciary duties." Moreover, the taxes on the property at issue were timely paid. Receipts for the payments of the taxes are attached hereto as Exhibit "A." 13. Admitted in part; denied in part. It is admitted that a "Notice of Public Sale" was issued by the Cumberland County Tax Claim Bureau. However, Mrs. Mumma and Mrs. Morgan timely paid the taxes as evidenced by Exhibit "A." 14. Admitted in part; denied in part. It is admitted that a "Notice of Public Sale" was issued by the Cumberland County Tax Claim Bureau. However, Mrs. Mumma and Mrs. Morgan timely paid the taxes as evidenced by Exhibit "A." 15. Admitted in part; denied in part. It is admitted that a "Notice of Public Sale" was issued by the Cumberland County Tax Claim Bureau. However, Mrs. Mumma and Mrs. Morgan timely paid the taxes as evidenced by Exhibit "A." 16. 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. By way of further response, the amount needed to keep the property from tax sale has been satisfied. 17. Admitted. By way of further response, Mrs. Mumma and Mrs. Morgan timely paid the taxes as evidenced by Exhibit "A." 1$. Denied. The allegations of this paragraph constitute legal conclusions to which no responsive pleading is required, and Mrs. Mumma and Mrs. Morgan therefore deny them. By way of further response, Mrs. Mumma and Mrs. Morgan deny that any actions taken by them wi~.th respect to the estate of Robert M. Mumma or the trusts established under his will have been inconsistent with or in violation of Mrs. Mumma and Mrs. Morgan's "legal and fiduciary duties." Moreover, the taxes on the property at issue were timely paid. 19. Denied. The allegations of this paragraph constitute a request for relief to which no responsive pleading is required, and Mrs. Mumma and Mrs. Morgan therefore deny them. By way of further response, the taxes on the property at issue were timely paid. 20. Denied. The allegations of this paragraph constitute a request for relief to which no responsive pleading is required, and Mrs. Mumma and Mrs. Morgan therefore deny them. By way of further response, the taxes on the property at issue were timely paid. 21. Denied. The allegations of this paragraph constitute legal conclusions to which no responsive pleading is required, and Mrs. Mumma and Mrs. Morgan deny them. By way of further response, the allegations of this paragraph are vague and ambiguous and are not susceptible of a meaningful response. To the extent that a further response is required, Mrs. ]'Mumma and Mrs. Morgan deny the allegations of this paragraph. 22. Admitted in part, denied in part. Mrs. Mumma and Mrs. Morgan admit that 1vlr. Mumma, II did not seek concurrence of their counsel prior to the filing of the instant motion. They admit that, had concurrence been sought from their counsel, it would not have been given. r/Irs. Mumma and Mrs. Morgan lack information sufficient to admit or deny the allegation that T/Ir. Mumma, II did not seek concurrence of other counsel or interested parties, or as to Mr. Mumma, II's motions in not seeking concurrence. 23. Admitted. WHEREFORE, Mrs. Mumma and Mrs. Morgan respectfully request that Mr. Mumma, Il's Emergency Motion to Prevent Public Sale of Real Estate by Tax Claim Bureau Due to Nonpayment of Delinquent Taxes by the Executrices/Trustees be denied as moot. Respectfully submitted, No V. Otto, III, Esquire I.D. No. 27763 George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Joseph A. O'Connor, Jr., Esquire Brady L. Green, Esquire MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103-2921 (215)963-5212, 5079 Attorneys for Barbara McK. Mumma September 19, 2008 and Lisa M. Morgan SE P'-17-2008(~lED) 08:07 Samuel Rndes, Esq. (FRX)717 761 1435 P. 002/003 ~~5' MEL.ISSa F. MIXELL dlREC'J'OR STi=PH>=N D. T! LEY ASSISTANT SOLiCITQR TAX Ci.AlNf BUREAU OF CUMBERLAND COUhiTY One Courthouse Square, CarNsle, PA 17013-3389 - p 17) 2~#0-636 Printed: ~9/12i08 C ~ Receipt No.: 63545 9:56c41 Receipt Date: 9j12/2008 Cont,roJ. Number: 12-000008 **** RECEIPT' **** Fage: 1 Property Description: PENNSYLVANIA SUPPLY COMPANY Cj0 ROBERT MiJNlMA LOT 1 AB 4"7 PG 36 S ITE 164 CcammerciaY - Vacant Land 840 MARKET, ST`REI;T Situs Information: LEMOYNE PA 17043 12TH STREET & CAMP HILL BY-PASS Map No: 12-20-1856-009 LEMOYNE BOROUGH Tax Penalty & Xear Description Face. Interest Gosts Total .___.~~ 2006 CTY~LEMOYNE BOR.O 947.20 111.72 558.92 2006 CL13-LEMOYNE BORO 36.64 9.06 45.70 2006 MUN-LEMOYNE BORO - 405.06 101.31. 506,37 2006 SCH-WEST SHORE 2959.55 503.72 15.00 2463.27 '.006 BUREAU COSTS 153.88 ~ 153.88 Received For Year Of 2006 $3743.14 Tata1 Received $3'793.14 Tender: ed > CHECK Received 13y > JC Pazd E~y > MUMMA REALTY ASSOCIATES Remarks ~ 1600014342 Receipt Number: 63695 Balance Due As Of 9/12/2008 Sale Year: 2006 ~ 55.60 Claim Yeax: 2007 3480.98 Claim Ba~.ance: 3536.5$ Total Received: $3'743.14 EXHIBIT "A" 5EP-17-~2008(4JE0) 08.07 Samuel Andes, Esq. (FRK)~17 X61 1435 _ P. 003/003 MELISSA F, MIXELL DiRFCTOR STE.PMEN p.TILEY ASSISTAM' SOLICITOR TAX CLAM BUREAU OF CUMBERLAND CQUNTY Qne Courthouse Square, Carlisle, PA 17013-3389 1717) 240-6366 Printed: 9/1,2/08 C 9:56:58 Control Number: 12-000008 PENNSYLVANTA SUPPLY COMPANY C:~O ROBERT MLlMMA S ITE 164 840 MARKET STREET LEMOYI~E PA 17 0 4 3 Map Nv: 12-20-1856-009 LOT ~ 1 P$ 4 7 PG 3 $ Commercial -- Vacant Land Sites Information: 12TH STREET & DAMP HILL BX--PASS LEMOYNE BOROLrGH 'l:'ax Penalty & Year Description 1~ace Interest Costs Total 2006 SCH-WEST SHORE 55.60 85,60 Received k'or Year Of 2006 $55.60 Tendered ~ ~ CASH Received 13y ~ JC Paid By ~ SAM ANDES Remarks ~ Receipt No.: 63546 Receipt Date: 9/x.2/2008 **** RECEIPT **** Page: 1 Property Description: 't'otal Received $55.60 Balance Aue As Of 9/12/2008 Claim Year: 2007 3480.9$ Claim Balance: 34$0.98 Receipt Number: 63546 Total Received: $55.60 F;\FILES1Clients\Mumma 5844.1 (estate) 8747 (Kim)\5844. LMumma Es[ate\5844-1.348.certservice CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent of Martson Law Offices, hereby certify that a copy of the foregoing Answer of Barbara Mck. Mumma and Lisa M. Morgan To Emergency Motion to Prevent Public Sale of Real Estate by Tax Claim Bureau Due to Nonpayment of Delinquent Taxes by the Executrices/Trustees 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) Ms. Linda Mumma 212 North Duke Street Durham, NC 27701 MARTSON LAW OFFICES By is D. Eckenroad East High Street Carlisle, PA 17013 Dated: September 19, 2008 (717) 243-3341