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HomeMy WebLinkAbout04-08-05 (2) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE ESTATE OF ROBERT M. MUMMA, ORPHANS' COURT DIVISION Deceased. NO. 21-86-398 RESPONSE OF BARBARA McK MUMMA AND LISA M. MORGAN TO REQUEST OF ROBERT M. MUMMA, II FOR A JURY TRIAL PURSUANT TO 20 Pa.C.S. Ii 777(a) Barbara McK. Mumma and Lisa M. Morgan respond as follows to the requestor , Robert M. Mumma, II for a jury trial: 1. Admitted. 2. Denied. The allegations of this paragraph are legal conclusions to which !l() response is required, and therefore are denied. To the extent that a further response 'is required, Mr. Mumma, II's interest, if any, in the estate of Robert M. Mumma, Sr. is uncertain as a result of Mr. Mumma, II's disclaimer of his interest under Mr. Mumma, Sr. 's will. While Mr. Mumma, II has purported to revoke his disclaimer, the issue of the validity of that disclaimer has never been litigated by persons having standing to do so.' The identities of persons presently interested in the estate is uncertain. 3. Denied. The allegations of this paragraph are legal conclusions to which no response is required, and therefore are denied. 4. Denied. The allegations of this paragraph are legal conclusions to which no response is required, and therefore are denied. 5. Admitted. 6. Denied. The allegations of this paragraph are legal conclusions to which no response is required, and therefore are denied. By way of further response, Mrs. Mumma and Mrs. Morgan deny that there is any substantial or material dispute as to the ownership of any assets listed in the inventories and accountings they have filed. Mr. Mumma, II's request provides no information whatsoever as to the asset( s) as to which he believes such a dispute exists or the basis for such contention. The mere assertion of a dispute is not a sufficient basis upon which to order a jury trial, as no triable issue has been framed. The determinations as to whether (a) there is, in fact, a bona fide dispute as to the ownership of any asset( s) and (b) whether that dispute is significant can only be made following the audit process presently underway with respect to Mrs. Mumma and Mrs. Morgan's accounts and any proper objections thereto. Only through that process can an informed determination be made as to whether there exist any disputes as to which 20 Pa.C.S. S 777(a) might properly apply. McCarter's Estate, 36 D.&C. 625 (O.C. Philadelphia 1936) (mere claim does not support jury trial; "[t]here must be a substantial dispute and requisite proof submitted raising one"). This is particularly true in light of the fact that, over the course of more than I 5 years of litigation involving the estate and various Mumma family-owned businesses, numerous disputes and issues already have been litigated. Mr. Mumma, II may not, of course, invoke 20 Pa.C.S. S 777(a) as a vehicle to revisit issues previously litigated to finality. In addition, any "dispute" must, in order to warrant trial before a jury, be material to some issue presented by the accounts and objections. WHEREFORE, Mrs. Mumma and Mrs. Morgan respectfully request that Mr. Mumma, II's request for jury trial be denied. ~v Ivo V. Otto, III Hillary A. Dean MARTS ON, DEARDORFF, WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 717.243.3341 Joseph A. O'Connor, Jr. Brady L. Green Michael J. Riffitts MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103-2921 215-963-5212,5079,5418 Attorneys for Barbara McK. Mumma Lisa M. Morgan CERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing Response of Barbara McK. Mumma and Lisa M. Morgan to Request of Robert M. Mumma, n for a Jury Trial Pursuant to 20 Pa..C.S. S 777(a) was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Robert M. Mumma n Box 58 Bowmansdale, P A 17008 Mr. Robert M. Mumma n 6880 S.E. Harbor Circle Stuart, FL 34996 Taylor P. Andrews, Esquire Court-Appointed Auditor ANDREWS & JOHNSON 78 West Pomfret Street Carlisle, PA 17013 Ralph A. Jacobs, Esquire RALPH A. JACOBS & ASSOCIATES, LLC 215 $. Broad Street, 10th Floor Philadelphia, P A 19107 MARTS ON DEARDORFF WILLIAMS & OTTO By::!!i!J~ a j)rvo LD. Number: 92878 10 East High Street Carlisle, PAl 7013 (717) 243-3341 Date: April 'is ,2005 Attorneys for Barbara McK. Mumma and Lisa M. Morgan