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Home My WebLink About11-22-10 (3)No. 21-86-398 ORPHANS' COURT DIVISION IN RE: ESTATE OF ROBERT M. MUMMA STATEMENT OF GENERAL OBJECTIONS TO PETITION OF ADJUDICATION/STATEMENT OF PROPOSED DISTRIBUTION OF THE RESIDUARY TRUST UNDER WILL OF ROBERT M. MUMMA, DECEASED Mitts Milavec, LLC Maurice R. Mitts, Es~uire Two Loan Square, 12 Floor 18 & Arch Streets Philadelphia, PA 19103 N n ~" co ~ 4 rr r_~ ~ ~"~ ;.7 -~y f- r~~~rn N a?: L, j ~ N `~~~~ ~ ti 1 ~ "Tl :~. ~~ ~ ~ •"' N -,~ ~'~ ~~: r- ; < > ~_-~> t C~ r- , F~ _..%T. ._... T`a'i ~.'7 'y'1 MITTS MILAVEC, LLC Maurice R. Mitts, Esquire I.D. No: 50297 Two Logan Square, 12`" Floor Eighteenth and Arch Streets Philadelphia, PA 19103 Telephone (215) 569-1800 Facsimile (215) 569-1822 1N RE: ESTATE OF ROBERT M. MUMMA, Deceased for Objector IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION N0.21-86-398 OBJECTIONS TO PETITION FOR ADJUDICATION/STATEMENT OF PROPOSED DISTRIBUTION AND NOW COMES Robert M. Mumma, II, (hereinafter "Objector") by his attorneys, Mitts Milavec, LLC and Maurice R. Mitts, Esq., and respectfully represents: 1. Robert M. Mumma, II is a beneficiary under the duly probated will of his father, Robert M. Mumma, and is an interested party to these proceedings. 2. Robert M. Mumma, II is a beneficiary under the Trust Under Will of Robert M. Mumma (Residuary) (the "Trust") and is an interested party to these proceedings. General Objections 3. Approval of the Petition for Adjudication/Statement of Proposed Distribution is premature, as the auditor appointed in this matter, Joseph D. Buckley, has sought an extension of time to file the Auditor's Report. By Court Order dated November 8, 2010, Mr. Buckley has until December 10, 2010 to file such report. Any approval of a plan of distribution or approval of any accounting is premature until the Auditor's Report is filed. 4. Approval of the Petition for Adjudication/statement of Proposed Distribution is premature, as there is currently pending a motion seeking the removal of Lisa M. Morgan as the trustee of the Trust. Pursuant to the order of Judge Wesley Oler, Jr. the motion is to be heard on January 28, 2011 at 1:30 p.m. in Courtroom 1. Any approval of a plan of distribution or approval of any accounting is premature until it is determined whether Lisa M. Mumma, in her capacity as trustee, has committed any wrongful acts that require her removal and further investigation into the handling of the Trust corpus and income. 5. The proposed plan of distribution includes assets that were improperly included in the Decedent's estate and are not assets which may be distributed to any beneficiary. 6. Objector incorporates by reference the Objections previously filed by Objector on his behalf. 7. Objector reserves the right to raise additional objections, as additional facts, documentation or other evidence becomes available. Objector intends to submit evidence in support of the grounds raised in these objections. -2- WHEREFORE, based upon the reasons set forth hereinabove, the undersigned Objector respectfully requests that this Honorable Court issue an Order that precludes adjudication and approval of a final distribution plan of the Trust until such time as the Auditor's Report is filed and the Motion for Removal of the Trustee is fully adjudicated. Respectfully submitted, MITTS MILAVEC, LLC Maurice R. Mitts, Esquire Attorney Id. No.: 50297 Two Logan Square, 12~' Floor Eighteenth and Arch Streets Philadelphia, PA 19103 (215) 569-1800 (telephone) (215) 569-1822 (facsimile) Attorney for Objector -3- VERIFICATION I, Robert M. Mumma, II, verify that I am the Objector in the foregoing Objection; that I am a beneficiary of the Trust Under Will of Robert M. Mumma (Residuary) (the "Trust"); that the Objections set forth above are not filed for the purpose of delay, but because it is believed that it raises a proper question regarding the assets and liabilities of the Trust and the balance available for distribution to the parties fairly entitled thereto, and in order to prevent injustice in the administration and distribution of the Trust. /'!'l Robert M. Mumma, II ATTORNEY VERIFICATION I, MAURICE R. MITTS, ESQUIRE, attorney for Objector in this action, hereby state and verify that I am familiar with the signature of Objector and that the foregoing Verification is signed by Objector. Copies of the original signature affixed will be filed if requested by the Court or a party. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Ma ice R. Mitts DATED: November 22, 2010 Brady Green, Esquire Morgan, Lewis & Bockius, LLP 1701 Mazket Street Philadelphia, PA 19103-2921 Linda Mumma Roth PO Box 480 Mechanicsburg, PA 17055 CERTIFICATE OF SERVICE I, Maurice R. Mitts, Esq., do hereby certify that I caused a copy of the foregoing OBJECTIONS TO PETITION FOR ADJUDICATION/STATEMENT OF PROPOSED DISTRIBUTION be served this date by U.S. Mail, first class, postage prepaid, addressed to: Brady Green, Esquire Morgan, Lewis & Bockius, LLP 1701 Market Street Philadelphia, PA 19103-2921 No V. Otto, III, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Barbara Mann Mumma 541 Bridgeview Dr. Lemoyne, PA 19043 Linda Mumma Roth PO Box 480 Mechanicsburg, PA 17055 Joseph D. Buckley, Esquire Court-Appointed Auditor 1237 Holly Pike Carlisle, PA 17013 MITTS MILAVEC, LLC Maurice R. Mitts, Esquire Attorney Id. No.: 50297 Two Logan Square, 12th Floor Eighteenth and Arch Streets Philadelphia, PA 19103 (215) 569-1800 (telephone) (215) 569-1822 (facsimile) Attorney for Objector