HomeMy WebLinkAbout11-22-10 (4)IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAIt~A
IN RE: -~:. ~ -'
ORPHANS' COURT DIVISI~~ z ~°=~' ~ '
MARITAL TRUST UNDER WILL ) ~ ~- =~'`" ~" ~ , '-'~"
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OF ROBERT M. MUMMA °" ``~ ~'' -
Number 21-86-0398 ~ ~ <~ ,-~ -~,
Deceased ) ,"~~~-~. ---, ~ _
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OBJECTIONS TO ACCOUNT OF THE MARITAL TRUST
UNDER THE WILL OF ROBERT M. MUMMA DECEASED
The objections of Bazbaza M. Mumma respectfully represent:
Objectant, Bazbaza 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 Trastee.
4. On or about Mazch 9, 2004, the Trustees filed a prior accounting for the period
from April 1, 1991, through December 31, 2003, known as the Fourth and Interim Account (the
"Prior Account"). Objectant 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.
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7. Objectant hereby incorporates and restates the unresolved Prior Objections as
objections to this Account.
ACCOUNTING FEES
8. The Trustee seeks credit for accounting fees in the amount of $73,935.00.
9. Many of these charges are personal to the Trustee and/or represent charges
relative 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
$749,235.72.
13. The legal fees are excessive and unreasonable.
14. Many of these legal fees are personal to the Trustees and/or represent charges
relative 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.
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IMPROPER ALLOCATIONS BETWEEN INCOME AND PRINCIPAL
16. The Trustees have improperly calculated the income of the Trust.
17. The Trustees have failed to properly allocate expenses between income and
principal.
1 g• The Trustees have improperly allocated expenses between this Trust and the
Residuary Trust
19. The Trustee seeks credit for principal distributions from the Marital Trust to
Barbara McK. Mumma in the amount of $2,274,000 as representing five percent (5%)
withdrawals from the Trust. The Trustees improperly calculated the withdrawal right
20. The Trustees have improperly allocated income distributions as principal
distributions.
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beneficiaries as opposed to the estate of the Decedent's widow.
22. Objectant reserves the right to file additional Objections as needed prior to trial.
WHEREFORE, Objectant respectfully requests that this Honorable Court order
discovery; conduct an evidentiary hearing to review the management of the Trust; surchar a th
g e
The balance of the Trust assets is properly distributable to the remainder
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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: _ ~~. -zz- , 2010 `~~~„~, -~ .
Barbara M. Mumma
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VERIFICATION
I, Barbara M. Mumma. hereby verify that I have reviewed the foregoing Objections To
Account of The Marital 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
information and belief. I understand that this Verification is made pursuant to 18 Pa. C.S. § 4904
relating to unsworn falsification to authorities.
Dated: i~. zz. , 2010 -~,~~ ,~
Barbara M. Mumma
Certificate of Service
I hereby certify that the Objections to the Marital Trust under the Will of Robert M. Mumma,
Deceased was served this date by hand delivery and United States first-class mail, postage
prepaid, addressed as follows:
No V. Otto, II, Esquire
Martson Deardorff Williams Otto Gilroy & Faller
Martson Law Offices
10 East High Street
Carlisle, PA 17013
Dated: i/ zz ~~~~ ~
Barbara M. Mumma
541 Bridgeview Drive
Lemoyne, PA 17043