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HomeMy WebLinkAbout09-11-09 (2) d C7 .`acs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COL , ~~ ~ ~ PENNSYLVANIA -_~ -~~. ~ ._.,. __ ~ ~ ...- .~~ In re: ) Orphans Court Division ~ n~. z ) C 7 ~ _a N Estate of Robert M. Mumma, ) Number 21-86-398 ~ --- m Deceased ) MOTION TO PREVENT PUBLIC SALE OF REAL ESTATE BY TAX CLAIM BUREAU DUE TO NONPAYMENT OF TAXES BY EXECUTRICES/TRUSTEES Introduction and Back~ro_= As Mr. Buckley is akeady aware, I now represent myself in this proceeding. I requested that Mr. Jacobs withdraw his appearance and he no longer represents me. Last week, you ordered that taxes be paid on property in Camp Hill, but you emphasized that you do not want to micro-manage this estate. However, it now has come to my attention that taxes aze due on two other properties: Cameron and Elmerton Avenue (62-026-036) in the amount of $75,828.67 and Gibbson Blvd. (63-024-039) in the amount of $44,545.85. The sale is scheduled for September 21, 2009. I have tried very hard to avoid involving you in this latest issue of the failure to pay taxes on valuable properties. I notified No Otto of this problem by fax, and sent the same letter ..rte _` _-,, °,} t .R rrr~_~ ~' i_. ~ _ . ~-~, _; , ~~; -.,~ cr,s ;-s ~f 1 by e-mail to my brother, Robert Mann Mumma, my sister Lisa Mumma Morgan, my sister IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL- VANIA In re: ) Estate of Robert M. Mumma, ) Deceased ) Orphans Court Division Number 21-86-398 MOTION TO PREVENT PUBLIC SALE OF REAL ESTATE BY TAX CLAIM BUREAU DUE TO NONPAYMENT OF TAXES BY EXECUTRICES/TRUSTEES Introduction and Backgro__ As Mr. Buckley is already aware, I now represent myself in this proceeding. I re- quested that Mr. Jacobs withdraw his appearance and he no longer represents me. Last week, you ordered that taxes be paid on property in Camp Hill, but you emphasized that you do not want to micro-manage this estate. However, it now has come to my attention that taxes are due on two other proper- ties: Cameron and Elmerton Avenue (62-026-036) in the amount of $75,828.67 and Gibb- son Blvd. (63-024-039) in the amount of $44,545.85. The sale is scheduled for September 21, 2009. I have tried to avoid involving you in this latest issue of the failure to pay taxes on valuable properties. I notified No Otto of this problem by fax, and sent the same letter by e-mail to my brother, Robert Mann Mumma, my sister Lisa Mumma Morgan, my sister Linda Mann Mumma and to Brady Green, Esquire, counsel for the estate. A copy is at tached to this motion. I asked Mr. Otto to respond to me and to confirm that the taxes would be paid. Mr. Otto has never given me the courtesy of a response. This week, I also called my mother to make sure that she was aware of the pending sales, and she said she did not know that the properties were scheduled for tax sale. Therefore, I feel I have no choice but to ask you to intervene to prevent these valuable properties from being sold. I apologize for involving you, but I now believe that the court is my only opportunity to seek relief. Facts These two properties are owned by Bobali Corporation, and it is my understanding that the estate is a substantial shareholder in the corporation. It also is my understanding that the executrices, my mother and my sister Lisa Mumma Morgan, also have interests or hold offices in Bobali Corporation. To my knowledge, neither has made any effort to pro- vent the tax sales. The Cameron and Elmerton property is located across Cameron Street from the Pennsylvania Farm Show and Exhibition Hall and adjacent to the Pennsylvania Department of Agriculture. It is approximately 11 acres of prime real estate. The assessed value is $900,000.00. The Gibbson Boulevard property is in an industrial park across from the UPS Disc tribution Center. It is about 50 acres of prime real estate. The assessed value is $537,600.00 The tax deficiencies amount to less than 10% of the assessed value of each of the properties. Therefore, the failure of the executrices/trustees to insure that these properties are not lost through tax sale will do substantial and irreparable harm to the estate, of which I am a beneficiary. Conclusion For these reasons, I ask you to grant my motion to require the executrices/trustees to pay or cause to be paid the taxes on the two properties currently scheduled for tax sale on September 21, 2009. Dated: September 11, 2009 Respectfully submitted, Barbara M. Mumma 541 Bridgeview Drive Lemoyne, PA 17043 717-730-2188 Certificate of Service I hereby certify that this Motion was served this date by first-class mail, postage prepaid, addressed as follows: Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 (Court Appointed Arbitrator) No V. Otto, II, Esquire George B. Faller, Jr., Esquire Jennifer L. Spears, Esquire Martson Deardorff Williams Otto Gilroy & Faller Manson Law Offices 10 East High Street Carlisle, PA 17013 Brady L. Green, Esquire Morgan, Lewis & Bockius LLP 1701 Market Street Philadelphia, PA 19103-2921 Robert M. Mumma, II 840 Market Street, Suite 164 Lemoyne, PA 17043 Ms. Linda M. Mumma 512 Creekview Lane Mechanicsburg, Pa. 17055 Dated: September 11, 2009 ~• z~. Barbara M. Mumma 541 Bridgeview Drive Lemoyne, PA 17043 Barbara Mumma 541 Bridgeview Drive Lemoyne, Pa. RE: Estate of Robert Mann Mumma No. 21-86-398 Orphans' Court -Cumberland County C.C.P. Dear Ivo, It has come to my attention that taxes are due on certain properties at Elmerton Ave. (62-026-036 @$75,828.67) and Gibbson Blvd. (63-024-039 @ $44,545.85). The upset date for these is September 24th. I would like to spare Judge Guido from another hearing. As you know, on Monday Judge Guido ordered that the taxes be paid on the Camp Hill property, but emphasized that he does not want to micro-manage this estate. I doubt that he will be pleased to see us again this month arguing about the very same issue as to the two other valuable properties which will be lost if the estate does not act. Can we agree that the estate will pay these taxes? I will wait your reply by fax or email by close of business September 4, 2009. If your clients are not in agreement I will have no choice but to file a motion asking the court to demand payment. Should you believe these properties are of little value let me assure you that is not the case. The loss of these properties would do irreparable harm. Elmerton Ave. represents 11 acres across from the Farm Show and Exhibition Center. Gibbson Blvd. is a 50 acres tract across from UPS. Again I will await your reply. Thank you. Very truly yours, Barbara Mumma (Babs)