HomeMy WebLinkAbout02-09-05 (2)
F'FlLl:SDATAFlLE',Mumma 5844 I (estale) ti747 (Kim}",58441 Mumma EstalC'.5844] Answer to MotLon 10 Rc:cuseRemu,e02 04 20115
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
IN RE ESTATE OF
ROBERT M. MUMMA,
ORPHANS' COURT DIVISION
Deceased.
NO. 21-86-398
ANSWER OF BARBARA McK. MUMMA AND LISA M. MORGAN
TO MOTION TO RECUSE/REMOVE ATTORNEY TAYLOR P. ANOREWS
AND TO APPOINT A NEW AUDITOR
I
Barbara McK. Mumma and Lisa M. Morgan respond as follows to the above motron of
Robert M. Mumma, II ("Mf. Mumma, II"):
I. Admitted.
v.
2. Admitted.
3. Admitted.
4. The allegation ofthis paragraph constitutes a legal conclusion to which no responsive
pleading is required.
5. Admitted.
6. It is admitted that an auditor, among other things, acts as a finder of fact. The
remaining allegation of this paragraph is a legal conclusion to which no responsive pleading is
reqUIred.
7. Admitted.
8. Denied.
9. Denied.
10. Denied for lack ofknowlcdge.
II. The allegation ofthis paragraph constitutes a legal conclusion to which no responsive
pleading is required. In any event, such allegation is denied.
12. It is admitted that the estate has been open since 1986. It is also admitted that matters
within the estate involve, among other things, real estate transactions and transactions among various
business entities. The remaining allegations ofthis paragraph are denied.
13. It is admitted that Attorney Andrews is a "competent attorney". The remaining
allegations of this paragraph are denied.
14. The allegation ofthis paragraph constitutes a legal conclusion to which no responsive
pleading is required. In any event, such allegation is denied.
WHEREFORE, Mrs. Mumma and Mrs. Morgan respectfully request that the Court enter an
order dismissing the motion and granting any and all such additional relief as may be appropriate.
Respectfully submitted,
aJ'-
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 and
Lisa M. Morgan
VERIFICATION
Ivo V. Otto, III, Esquire, of the finn of MARTS ON DEARDORFF WILLIAMS & OTTO,
attorneys for Barbara McK. Mumma and Lisa M. Morgan in the within action, certifies that the
statements made in the foregoing Answer of Barbara McK. Mumma and Lisa M. Morgan to Motion
to Recuse/Remove Attorney Taylor P. Andrews and to Appoint a New Auditor are true and correct
to the best of his knowledge, infonnation and belief. He understands that false statements herein
are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
~~
Ivo V. Otto, III
CERTIFICATE OF SERVICE
I, Jacqueline A. Decker, an authorized agent of Martson Deardorff Williams & Otto, hereby certify
that a copy of the foregoing Answer of Barbara McK. Mumma and Lisa M. Morgan to Motion to
Recuse/Remove Attorney Taylor P. Andrews and to Appoint a New Auditor was served this date by
depositing same in the Post Office at Carlisle, P A, first class mail, postageprepaid, addressed as
follows:
Daryl L. Christopher, Esquire
Kirk S. Sohonage, Esquire
SOHONAGE & CHRISTOPHER
P.O. Box 480
Camp Hill, PA 17001
Taylor P. Andrews, Esquire
Court-Appointed Auditor
ANDREWS & JOHNSON
78 West Pomfret Street
Carlisle, P A 17013
MARTS ON DEARDORFF WILLIAMS & OTTO
-' .,' ,/,. ,,",'/, ') L:1
By, .ci/1/Ldt C>lf K ~(ft'/ { .'
Z:iicqueline A. Decker
Ten East High Street
Carlisle, PAl 70 13
(717) 243-3341
Dated: February 9, 2005