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HomeMy WebLinkAbout11-22-10 (5)1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: RESIDUARY TRUST UNDER WILL OF ROBERT M. MUMMA, DECEASED ORPHANS' COURT DIVIT ~'T'1 ~ ~7~r ) r-ern t~ ~ Number 21-86-0398`- rJ' ~ ~ -r-, '.~t~ 0 z O N N ~; _7 G' -~~ .. :.~: ~..'7 ~_~ Tl OBJECTIONS TO ACCOUNT OF THE RESIDUARY TRUST UNDER THE WILL OF ROBERT M. MUMMA DECEASED The objections of Bazbaza M. Mumma respectfully represent: -v ~~ 1. Objectant, Barbara M. Mumma, is an individual who resides at 541 Bridgeview Drive, Lemoyne, Pennsylvania 17043. She is the daughter of the Decedent, Robert M. Mumma. 2. Objectant is a beneficiary entitled to twenty-five percent (25%) of the remaining Trust assets. 3. The Trustees of the Trust were the Objectant's mother, Bazbaza McK. Mumma, and Objectant's sister, Lisa M. Morgan. Bazbaza McK. Mumma died on July 17, 2010, leaving Lisa M. Morgan as the sole remaining Trustee. 4. On or about March 9, 2004, the Trustees filed a prior accounting for the period from April 1, 1991, through December 31, 2003, known as the Second and Interim Account (the "Prior Account"). Objetotant notes that the Prior Account and that this Account were filed under Orphans' Court No. 21-86-398; however, the Petition for Adjudication reflects Orphans' Court No. 21-09-0398. 5. Objectant filed objections (the "Prior Objections") to the Prior Account. Some of the Prior Objections remain pending before this Honorable Court. 6. The unresolved Prior Objections will have a direct impact on this Account. -1- ~. r~, 7. Objectant hereby incorporates and restates the unresolved Prior Objections as ob- jections to this Account. ACCOUNTING FEES 8. The Trustee seeks credit for accounting fees in the amount of $117,128.48. 9• Many of these charges are personal to the Trustee and/or represent charges rela- tive to the Prior Objections. 10. It has not been determined by this Honorable Court as to whether the Trustees are entitled to credit for expenditures made from Trust assets to defend their actions relative to the Prior Objections. 11. The Trust Estate should not bear the expense of personal accounting expenses nor those relative to the litigation for the Prior Objections unless approved by this Honorable Court. LEGAL FEES 12. The Trustee seeks credit for legal fees in an amount of approximately $2,436,964.10 to the law firms of Crary, Buchanan et al.; Martson Deardoff Williams & Otto; and Morgan Lewis & Bockius. 13. The legal fees are excessive and unreasonable. 14. Many of these legal fees are personal to the Trustees and/or represent charges rel- ative to the Prior Objections. 15. It has not been determined by this Honorable court as to whether the Trustees are entitled to credit for expenditures made from Trust assets to defend those actions relative to the Prior Objections. -2- LITIGATION EXPENSES 16. The Trustee claims credit for Trust expenditures for copy expenses for litigation and deposition expenses. 17. The Trust Estate should not bear the expenses of litigation for this Prior Objec- tions unless approved by this Honorable Court. TRACTOR 18. The Trustee improperly identifies the purchase of a $26,772 tractor as an adminis- trative expense and does not identify the tractor as an asset of the Trust nor identify the tractor as being sold. IMPROPER CALCULATION OF INCOME 19. The Trustees have improperly calculated the income of the Trust. 20. The Trustees have improperly considered taxable income of entities owned by the Trust as accounting income. 21. The Trustees have failed to properly allocate expenses between income and prin- cipal. 22. The Trustees have improperly allocated expenses between this Trust and the Re- siduary Trust. 23. The balance of the Trust assets is properly distributable to the remainder benefi- ciaries as opposed to the estate of the Decedent's widow. 24. Objectant reserves the right to file additional Objections as needed prior to trial. WHEREFORE, Objectont respectfully requests that this Honorable Court order discov- ery; conduct an evidentiary hearing to review the management of the Trust; surcharge the -3- Trustees for all improper expenditures made from the Trust; and grant such other relief as the Court may deem necessary under the circumstances. Respectfully submitted, ~~ Dated: // ~--z. Barbara M. Mumma 541 Bridgeview Drive Lemoyne, PA 17043 717-730-2188 -4- VERIFICATION I, Barbara M. Mumma. hereby verify that I have reviewed the foregoing Objections To Account of The Residuary Trust Under the Will of Robert M. Mumma, Deceased and that the averments of fact set forth therein are true and correct to the best of my knowledge or informa- tion and belief. I understand that this Verification is made pursuant to 18 Pa. C.S. § 4904 relat- ing to unsworn falsification to authorities. Dated: ii . zz , 2010 ~ _ ~_ _ Barbara M. Mumma Certificate of Service I hereby certify that the Objections to the Residuary Trust under the Will of Robert M. Mumma, Deceased was served this date by hand delivery and United States first-class mail, postage prepa- id, addressed as follows: No V. Otto, II, Esquire Manson Deardorff Williams Otto Gilroy & Faller Manson Law Offices 10 East High Street Carlisle, PA 17013 Dated: //• Z i. ~ ~~ Barbara M. Mumma 541 Bridgeview Drive Lemoyne, PA 17043