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HomeMy WebLinkAbout09-29-08 (3)IN RE: ESTATE OF ROBERT M. MUMl~IA, Deceased IN THE COURT OF COMMON PLEAS OF r,,,, CUMBERLaAND COUNTY, PENN~VANI '1 ~, cis ORPHAN'S COURT DIVISION '' ~~ ~ ~~ ~ r ~~ ,' ~ ~v -;. N0.21-86-x'98 ::} ~; `-~ -n ~^ ~ _ ~; J ~ W ..-- N CD AND NOW, comes Robert M, Mumma, II, pro se, (the "Respondent" hereinafter) who responds as follows to the Motion of Bazbara McK. Mummma and Lisa M. Morgan to Dismiss Objections Asserting Bazbara McK. Mumma's Exercise of Withdrawal Rights under Article Seventh of Will Was Invalid or Improper, and in support thereof avers as follows: 1. Admitted as stated -given Movant's use of quotation marks and ellipses. By way of further response, the Will is in writing and speaks for itself, and the Respondent denies all characterizations of same as framed by the Movants. 1 i~Y~ ~~- ~-~ ~- f ~- -, r'~ 2. Admitted asstated -given Movant's use of quotation marks and ellipses. By way of further response, the Will is in writing and speaks for itself, and the Respondent denies all characterizations of same as framed by the Movants. 3. Denied. The Respondent denies the allegations set forth in Paragraph #3 of the instant motion as purported conclusions of law, as legally insuffiicient, as azgumentative, and not requiring a response. By way of further response, the Will is in writing and speaks for itself. 4. Denied. The Respondent denies the allegations set forth in Paragraph #4 of the instant motion as purported conclusions of law, as legally insufficient, as argumentative, and not requiring a response. By way of further response, the Will is in writing and speaks for itself. Also, the Respondent after reasonable investigation is without knowledge or information sufficient to form a belief as to the truth or falsity of this averment as well as the documents comprising Exhibit "A"; strict proof is demanded. 5• Denied. The Respondent denies the allegations set forth in Paragraph #5 of the instant motion as purported conclusions of law, as legally insufficient, as azgumentative, and not requiring a response. By way of further response, the Will is in writing and speaks for itself. Also, the Respondent after reasonable investigation is without knowledge or information sufficient to form a belief as to the truth or falsity of this averment; strict proof is demanded. 2 6. Admitted in part; denied in part. It is admitted thdt the Respondent and Bazbara M. Mumma have filed objections to the accounts, including those respecting Bazbaza McK. Momma's withdrawals from the Marital Trust. It is denied that the nature of said objections and the grounds underlying them aze unclear. By way of further response, the objections are in writing and speak for themselves, and the Respondent de~j~ies all characterizations of same as framed by the Movants. The Respondent further denies the allegations set forth in Paragraph #6 of the instant motion as purported conclusions of law, as llegaliy insufficient, as argumentative, and not requiring a response. 7. Admitted in part; denied in part, It is admitted that the Movants have conceded that they are not seeking dismissal of the objections regazding the manner in which the amounts of the withdrawals were calculated and/or the make-up of the assleets used to satisfy Mrs. Momma's requests. It is further admitted that Mrs. Mumma and/or htr estate intends to be legally bound for the amount of overpayments to her. The Respondent f~uther responds by denying the allegations set forth in Paragraph #7 of the instant motion als purported conclusions of law, as legally insufficient, as argumentative, and not requiring a response. Byway of further response, the Will, the objections, and/or the "executed written receipts" aze in writing and speak for themselves. Also, the Respondent after reasonable investigation is without knowledge or information sufficient to form a belief as to the truth or falsity of this averment as well as the "executed written receipts"; strict proof is demanded. 3 8. Denied. The Respondent denies the allegations het forth in Paragraph #8 of the instant motion as purported conclusions of law, as legally insufficient, as argumentative, and not requiring a response. By way of further response, the W~,11, the objections, and/or the "written requests for distribution" are in writing and speak for themselves. Also, the Respondent after reasonable investigation is without knowledge or information sufficient to form a belief as to the truth or falsity of this averment as well as the "written re Iq~uests for distribution"; strict roof is P demanded. Also, to the extent required to do so, Respondent incorporates herein the response to Paragraph #7 as set forth above. 9• Admitted as stated. 10. Admitted as stated. 4 WHEREFORE, the Respondent respectfully regluests that the Movants' Motion to Dismiss Objections Asserting Bazbaza McK. Mumma's l~xercise of Withdrawal Rights under Article Seventh of Will Was Invalid or Improper be DEFIED. It is further respectfully requested that the Movant's request in their WHEREFORE clause~ertaining to the exclusion of any evidence or testimony for the purpose of showing the invalidity of the exercise of the withdrawal power be DENIED. submitted, S Robe M. Mumma, II ` c P.O. ox 58 Bown#ansdale, PA 17008 (717) ~~, 612-9720 PRO ~'E ~II 5 CERTIFICATE OF SER~'VICE I, Robert M. Mumma, II, pro se, do hereby certif}~ that a co py of the foregoing Response to Motion to Dismiss Objections Asserting Barbara McKI Mumma's Exercise of Withdrawal Rights Under Article Seventh of Will Was Invalid or Imp~per `,~,~ served this date by U.S. Mail, first class, postage prepaid, addressed to: '~ George B. Fa11er, Jr., Esquire No V. Otto, III, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Brady Green, Esquire Morgan, Lewis 8c 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 Joseph D. Buckley, Esquire Court-Appointed Auditor 1237 Holly Pike Cazlisle, PA 17013 Z~ DATE: September fib, 2008 1~Y. S Robert M. Mwnma, II Box 58 Bowmansdale, PA 17008 ~' 717-612-9720 PROSE