HomeMy WebLinkAbout09-17-09IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF
ROBERT M. MUMMA, CUMBERLAND COUNTY, PENNSYLVANIA
Deceased
ORPHAN'S COURT DIVISION
N0.21-86-398
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ANSWER BY ROBERT M. IyIIUMMA. II. TO BARBARA M. Iy~UMMA'S J _~. t-
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PREVENT PUBLIC SALE OF REAL ESTATE BY TAX CLAIM BUREAU,~ --
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NONPAYMENT OF TAXES BY EXECUTRICES/TRUSTEES ~ ~ •• ~- `~~'
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AND NOW comes Robert M. Mumma, II, pro se, who hereby files the instant Answer in
response to Barbara M. Mumma's Motion to Prevent Public Sale of Real Estate by Tax Claim
Bureau Due To Nonpayment of Taxes by Executrices/Trustees, and responds as follows:
ANSWER /RESPONSE to "Introduction and Background":
Admitted that the Movant now represents herself.
Admitted that the Orphans' Court (per Judge Guido) ordered the Executrices/Trustees to
pay late real estate taxes following the hearing on August 31, 2009. By way of further
Answer, Judge Guido stated that the Executrices/Trustees had a fiduciary duty to do so.
(N.T. p. 9).
Admitted that Judge Guido stated the court was not in a position to micro-manage the
administration of estates and trusts. (N.T., pp. 2, 4).
Admitted that taxes are due on two other properties and that a tax upset sale has been
scheduled for September 21, 2009; by way of further Answer, and upon information and
belief, the unpaid taxes for 2007 on the North Elmerton Ave property (parcel number 62-
026-036) total $27,196.62, and the unpaid taxes for 2007 on the Gibson Blvd. property
(parcel number 63-024-039) total $15,489.23.
Admitted that the Movant notified counsel for the Executrices/Trustees about these unpaid
taxes, that said counsel was requested to confirm that the taxes would be paid, and that said
counsel failed to provide a response.
Admitted that the Movant contacted the Executrix/Trustee Bazbara McK. Mumma and that
said Executrix/Trustee was unaware that the subject real estate was scheduled for a tax sale
Admitted that the Court's involvement and intervention is necessazy to prevent these
valuable properties from being sold at a tax sale; by way of further Answer, the Respondent
agrees with the relief being sought from the Movant via her pending Motion, and believes
the Court should follow the precedent set at the hearing on August 31, 2009 and forthwith
order the Executrices/Trustees to similazly make payment of the aforesaid 2007 taxes on the
North Ehnerton Ave. and Gibson Blvd. properties. This Court's Order stated in pertinent
part: "AND NOW, this 31 Sf day of August, 2009, after hearing, the Respondents are ordered
and directed to take immediate steps to make sure that the taxes are paid prior to the
upcoming tax sale.... "
ANSWER /RESPONSE to "Facts"
Admitted that these two properties are owned by Bobali Corporation; by way of further
Answer, any other allegations in the Motion regarding ownership of shares is denied and
strict proof thereof is demanded. By way of further Answer, any allegations in the Motion
regazding the interests held in Bobali Corporation, or the offices held by, either of the
Executrices/Trustees is denied and strict proof thereof is demanded.
Upon information and belief, it is Admitted that neither of the ExecutriceslTrustees have
made any efforts to prevent the tax sales.
Admitted as stated as to the general description, location, acreage, and assessed value of the
two properties, with the caveat that the public tax records, deeds, or other official written
documentation would constitute the best evidence of same.
Admitted that the tax deficiencies amount to a small fraction of the assessed value of the
two properties, and that the failure of the Executrices/Trustees to insure that these properties
are not lost at tax sale constitutes substantial and irreparable harm to the beneficiaries of the
Estate and Trusts.
ANSWER /RESPONSE to "Conclusion"
Admitted that the Court should grant the Movant's 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. By way of further Answer, and upon information and
belief, it is averred that the payments must be made on or before 4:00 p.m. on September
21, 2009 to prevent the properties from being included in the tax sale which commences at
6:00 p.m. on September 21, 2009.
WHEREFORE, Respondent Robert M. Mumma, II, requests that this Honorable
Court issue an Order similar to its Order entered on August 31, 2009 and forthwith order
and direct the Executrices/Trustees to take immediate steps to make sure that the taxes are
paid prior to the upcoming tax sale on September 21, 2009.
Respectfully Submitted,
DATE: September 17, 2009 ~ ' ~~ ~
obert .Mumma, II
Box F
Grantham, PA 17027
(717) 612 - 9721
PRO SE