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Home My WebLink About04-15-09George B. Faller, Jr., Esquire I.D. No. 49813 No V. Otto, III, Esquire ~ I.D. No. 27763 ~n ,° ~ Jennifer L. Spears, Esquire ~=1- ~ ~ ~ ;~ ~_ I.D. No. 87445 ~`? ~ ~;= MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER _ <> ~ -- ,- ; ` MARTSON LAW OFFICES -' G'~ ~ c~~ cri -" `---' c.~~~ .-:- 10 East High Street >' y ~ `' Carlisle, PA 17013 .. = - (717) 243-3341 -n =+ ~ ~ ~"' ' Attorneys for Barbara McK. Mumma and Lisa M. Morgan ~`' _ +~•~ IN THE COURT OF COMMON PLEAS IN RE: OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Robert M. Mumma, NO. 21-86-398 Deceased. ORPHANS' COURT DIVISION ANSWER OF BARBARA MCK. MOMMA AND LISA M. MORGAN TO THE MOTION OF ROBERT M. MOMMA, II TO STAY AUDITOR'S HEARING Barbara McK. Mumma and Lisa M. Morgan respond as follows to the Motion of Robert M. Mumma, II to Stay Auditor's Hearing: 1. Admitted in part; denied in part. It is admitted that no counsel is currently appearing on record for Mr. Mumma, II. However, 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. It is further denied that Mr. Mumma, II is a beneficiary of the estate and trusts because 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. 2. Denied as stated. The allegations of this paragraph constitute legal conclusions, to which no response is required. By way of further response, Barbara ~~ti Mumma and Linda Mumma are contingent remaindermen of the trusts established under the will of Robert M. Mumma. 3-4. Admitted. 5. Admitted. 6. Admitted in part, denied in part. It is admitted that a pre-hearing conference conducted by the Auditor on October 29, 2008. That conference was recorded, and the transcript of it is in writing and speaks for itself, and all characterizations thereof are denied. 7. Admitted. 8. Admitted. By way of further response, the letter is a writing which speaks for itself. 9. Admitted. By way of further response, the letter is a writing which speaks for itself. 10. Admitted. By way of further response, the Order is a writing which speaks for itself. 11. Admitted that a portion of the February 26, 2009 Order of Court is accurately represented, however the full Order is a writing which speaks for itself. 12. Admitted. By way of further response, the letter is a writing which speaks for itself. 13. Admitted. By way of further response, the letter is a writing which speaks for itself. 14. Denied. After reasonable investigation, Mrs. Mumma and Mrs. Morgan are without knowledge or information sufficient to admit or deny the allegations of this 2 paragraph, which they therefore deny. The allegations that the response by Estate counsel is non-responsive and/or incomplete are vague and ambiguous and are not susceptible of a meaningful response. They are, therefore, denied. 15. Admitted. By way of further response, the letter is a writing which speaks for itself. 16. Denied. After reasonable investigation, Mrs. Mumma and Mrs. Morgan are without knowledge or information sufficient to admit or deny the allegations of this paragraph, which they therefore deny. The allegations that the response by Estate counsel is non-responsive and/or incomplete are vague and ambiguous and are not susceptible of a meaningful response. They are, therefore, denied. 17. Admitted. By way of further response, the letter is a writing which speaks for itself. 18. Denied. After reasonable investigation, Mrs. Mumma and Mrs. Morgan are without knowledge or information sufficient to admit or deny the allegations of this paragraph, which they therefore deny. The allegations that the response by Estate counsel is non-responsive and/or incomplete are vague and ambiguous and are not susceptible of a meaningful response. They are, therefore, denied. 19. Admitted in part, denied in part. It is admitted that a Rule to Show Cause was issued on March 30, 2009 in response to a motion filed by Mr. Mumma, II, entitled an "Emergency Motion to Compel Compliance with Court Order and Motion for Disclosure of Warehoused Estate Files and Records and Motion for Sanctions." The Executrices filed an Answer to that Motion on April 6, 2009. The remaining allegations are denied. That Answer is incorporated by reference herein. 3 20. Admitted in part, denied in part. It is admitted that the Objectors were provided with approximately eight boxes of documents on or about March 26, 2009. It is denied that the Order of February 26, 2009 references either "copies" or "originals." By way of further response, the Objectors were offered the opportunity to review and inspect the documents in the office of Morgan Lewis & Bockius if they so desired. 21. Denied. The allegations of these paragraphs constitute requests for relief to which no response is required. To the extent that a further response is required, the allegations of these paragraphs are denied. 22. Admitted in part, denied in part. It is admitted that Mr. Mumma, II provided a list he created of what he believed to be the outstanding matters before the Auditor at a pre-hearing conference on October 29, 2008. Any implications beyond that are denied. 23. Admitted in part, denied in part. It is admitted that the list contained in paragraph 23 references some of the issues referred to the Auditor for an interim report and/or recommended order (namely, these are the issues raised by Mr. Mumma, II), however it is denied that that list is a complete list of issues referred to the Auditor. 24. Denied. It is denied that Mr. Mumma, II has raised any basis requiring a stay of the Auditor's Hearing scheduled for April 21-23, 2009. Moreover, this Motion requesting a stay provides evidence of why this estate has gone unresolved for so many years, despite Mr. Mumma, II's repeated complaints that the estate has languished far too long. 25. Admitted in part, denied in part. It is admitted that the March 30, 2009 Order referred to the Auditor for an interim report and recommended order Mr. Mumma, 4 II's claims raised in his "Emergency Motion to Compel," however it is denied that the "Emergency Motion" requires disposition prior to any evidentiary hearing before the Auditor. 26. It is denied that the matters previously referred to the Auditor require disposition prior to any evidentiary hearing before the Auditor. By way of further response, most, if not all, the issues before the Auditor can be part of the interim report and/or recommended order presented to Judge Oler. 27. It is denied that the disposition and/or resolution of all the issues before the Auditor would impact or govern the proceedings before the Auditor. The hearing before the Auditor is on the objections raised by the Objectors, and they can proceed with the hearing on the basis of their objections. 28. Denied. By way of further response, the Response of the Executrices to Mr. Mumma, II's Emergency Motion to Compel, which was filed on April 6, 2009 is hereby incorporated in its entirety. WHEREFORE, Mrs. Mumma and Mrs. Morgan respectfully request that Mr. Mumma, II,'s Motion to Stay Auditor's Hearing be denied. MART AW FFICES By Geor .Faller, Jr., Esquire . D. o. 49813 No V. Otto, III, Esquire I.D. No. 27763 Jennifer L. Spears, Esquire I.D. No. 87445 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: April 15, 2009 Attorneys for Barbara McK. Mumma & Lisa M. Morgan 5 CERTIFICATE OF SERVICE I, Melissa A. Scholly, 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 the Motion of Robert M. Mumma, II to Stay Auditor's Hearing 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 F Grantham, PA 17027 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) Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 (Court Appointed Auditor) 6 Ms. Linda M. Mumma 212 North Duke Street Durham, NC 27701 MARTSON LAW OFFICES Bye ~. Melissa A. Schoily 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 15, 2009 7