HomeMy WebLinkAbout09-09-101N RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF
ROBERT M. A~ILJNIMA, CUMBERLAND COUNTY, PENNSYLVANIA
Deceased
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11~OTION FOR APPOIIV'I'
1HENT OF BARBARA 1VL MLTiVIl1~L
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AS CO-EXECUTRIX UNDER THE DECEDENT'S WILL AND CODICIL `'
AND NOW comes Robert M. Mumma, II, pro se, and files the instant Motion for
Appointment of Barbara M. Mumma as Co-Executrix under the Decedent's Will and Codicil,
and in support thereof avers as follows:
1. The undersigned Movant is Robert M. Mumma, II, as adult individual, acting pro
se in the instant case.
2. The Movant is a beneficiary of the above-captioned Estate and the Trusts created
under the Will of the Decedent.
3. The Movant is a trustee of contingent beneficiaries of the above-captioned Estate
and Trusts.
4. Lisa M. Morgan and Barbara McK. Mumma were appointed as Co-Executrices
under the Decedent's Will.
5. Under the Codicil probated with the Decedent's Will, Barbara M. Mumma is to
be appointed as successor Co-Executrix in the event that either Lisa M. Morgaa or Barbara McK.
Mumma no longer serves as Co-Executrix.
6. On July 17, 2010, Barbara McK. Mumma passed away.
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7. Under the terms of the Decedent's Will and Codicil, Barbara M. Mumma is to be
appointed as Co-Executrix as a result of the death of Barbara McK Mumma.
8. For purposes of this motion, the Movant hereby invokes and incorporates by
reference thereto all remedies, claims, actions, and related relief available for the appointment of
a co-executrix and the said co-executrix's taking of the oath required as a personal representative
as set forth in the Probate, Estates a~ Fiduciaries Code and fiuther invokes and incorporates by
reference thereto all remedies, rights, claims, entitlements, actions, and related relief available to
the Movant as a beneficiary or interested party as set forth in the PEF Code.
9. Pursuant to Cumberland County Rule of Civil Procedure 208.3(a)(9), the Movant
sought an indication of either concurrence or nonconcurrence from the Estate counsel and the
other interested parties on September 3, 2010. To date, neither the Estate counsel nor any other
interested party has indicated either concurrence or nonconcurrence.
10. Pursuant to Cumberland County Rule of Civil Procedure 208.3(a)(2), the
Honorable Wesley Oler has previously ruled on prior motions filed by the parties hereto.
WIi~REFORE, the Movant respectfully requests that this Honorable Court issue an
appropriate Order GRANTING the instant Motion for Appointment of Barbara M. Mumma as
Co-Executrix under the Decedent's Will and Codicil, or alternatively, issue an appropriate Order
which schedules a hearing on this matter.
Respectfully submitted,
Robert M. Mumma, II
840 Market St. -Suite 33333
Lemoyne, PA 17043
(717)612-9720
PRO SE
CERTIFICATE OF SERVICE
I, Robert M. Mumma, II, pro se, do hereby certify that I caused a copy of the foregoing
Motion for Appointment of Barbara M. Mumma as Co-Executrix under the Decedent's Will and
Codicil to be served this date by U.5. Mail, first class, postage prepaid, addressed to:
Brady Green, Esquire
Morgan, Lewis & Bockius, LLP
1701 Market Street
Philadelphia, PA 19103-2921
No Y. Otto, III, Esquire
Manson Law Offices
10 East High Street
Cazlisle, PA 17013
Barbara Mann Mumma
541 Bridgeview Dr.
Lemoyne, PA 19043
Linda Mumma Roth
c% Carter Ellis
203 Friars Court
Mechanicsburg, PA 17050
Joseph D. Buckley, Esquire
Court-Appointed Auditor
1237 Holly Pike
Carlisle, PA 17013
DATE: September 9, 2009 BY:
Robert M. Mumma, II
840 Market St. -Ste. 33333
Lemoyne, PA 17043
717 - 612 - 9720
PRO SE
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