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HomeMy WebLinkAbout04-08-11 (4)IN RE: ESTATE OF ROBERT M. hIIJMMA, Deceased 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-86-398 MOTION FOR JURY TRIAL ,~ ~. ~mA c ~.. o ~- ~, -~~ :~ r ~~m u7~ i ~ _~ ~ _ ,.. ~~ ~ ~~ s~ o ``~ AND NOW, comes Robert M. Mumma, II, pro se, an Objector, who files the within Motion for Jury Trial in accordance with the applicable sections of the Probate, Estates, and Fiduciaries Code, including, but not limited to 20 Pa.C.S.A. § 777, and in accordance with the applicable sections of the Pennsylvania Constitution concerning trial by jury, and avers as follows: 1. The undersigned Movant is Robert M. Mumma, II, pro se, being a beneficiary and remainderman of the above-captioned Estate and the Trusts created under the Will of the Decedent, as well as a trustee of contingent beneficiaries and remaindermen. 2. Lisa M. Morgan and Barbara McK. Mumma (deceased)1 were appointed as Co- Executrices and Co-Trustees under the said Will and Trusts in 1986. 3. On September 10, 2010, Lisa M. Morgan filed Accountings in the above-captioned matter with respect to both the Marital Trust and the Residual Trust. 1 Barbara McK. Mumma passed away on July 17, 2010. 1 4. On September 17, 2010, due to the death of Barbara McK. Mumma, letters testamentary were issued to Barbara Mann Mumma and she was appointed as the successor Co-Executrix pursuant to the terms of the Decedent's Will and Codicil. 5. On October 8, 2010, Lisa M. Morgan issued a Notice of Filing Accounts and Petitions for Adjudication and Call for Audit or Confirmation; said Notice further specified that said Accounts would be presented for confirmation to the Orphans' Court on November 23, 2010 unless written exceptions or objections are filed prior thereto. 6. On November 22, 2010, Robert M. Mumma, II and Barbara Mann Mumma each filed Objections to the Accountings filed by Lisa M. Morgan on September 10, 2010. 7. Pursuant to this Court's Order dated November 24, 2010, Joseph D. Buckley, Esquire was appointed Auditor with respect to the Objections filed on November 22, 2010. 8. On January 7, 2011, the attorneys for "Defendants Lisa Morgan and Barbara McKimmie Mumma" filed a Notice of Death of Barbara McKimmie Mumma as well as a Substitution of Successor which substituted Lisa M. Morgan in her capacity as the personal representative of the Estate of Barbara McKimmie Mumma as a party. 9. On March 3, 2011, the Auditor issued a Notice of Auditor's Hearing which purports to schedule a week of hearings for the week of May 2, 2011. 2 10. The Probate, Estate, and Fiduciaries Code states in its entirety at 20 Pa.C.S.A. § 777(a): (a) Title to property.--When a substantial dispute of fact shall arise concerning the decedent's title to property, real or personal, any party in interest shall be entitled to a trial of such issue by a jury. The verdict of the jury shall have the same effect as the verdict of a jury in a case at law. 11. As framed by the Objections pending before the Orphan's Court, a substantial dispute of fact has arisen concerning the Decedent's title to property which entitles the undersigned Objector to a trial by jury on all such issues encompassed by Lisa M. Morgan's Accountings, Inventories, and Trust distributions. 12. The undersigned Objector avers that a substantial dispute exists as to the ownership of certain assets listed in Lisa M. Morgan's Accountings and Inventories. Specifically, it is averred that Lisa M. Morgan has rendered accountings of assets and has inventoried assets that were never owned by the above-captioned Decedent such that same should have never been allocated into the Trusts, as is framed by the pending Objections. 13. Pursuant to the terms and provisions of the applicable sections of the Probate, Estate, and Fiduciaries Code and the Pennsylvania Constitution, the undersigned does hereby demand a jury trial regazding the substantial dispute that has arisen by virtue of Lisa M. Morgan's Accountings, Inventories, and Trust distributions, and the Objections filed thereto. 14. The Movant has not obtained the concurrence of any counsel to the other interested parties inasmuch as the prior statements and representations of said counsel have indicated that the Movant would not receive cooperation from them with respect to the relief requested in the motion. 3 15. Judge Oler has previously ruled on prior motions filed by the parties hereto. WHEREFORE, the Movant respectfully requests that this Honorable Court issue an appropriate Order GRANTING the instant Motion for Jury Trial, or in the alternative, issue an appropriate Order which schedules a hearing on this matter. DATE: Apri18, 2011 Respectfully Submitted, BY: ~~ obert .Mumma, II 840 Market St. -Ste. 33333 Lemoyne, PA 17043 717-612-9720 PROSE 4 CERTIFICATE OF SERVICE I, Robert M. Mumma, II, pro se, do hereby certify that I caused a copy of the foregoing Motion for Jury Trial to be served this date by U.S. Mail, first class, postage prepaid, addressed to: Brady Green, Esquire Morgan, Lewis & Bockius, LLP 1701 Mazket Street Philadelphia, PA 19103-2921 No V. Otto, III, Esquire Maztson Law Offices 10 East High Street Cazlisle, PA 17013 Barbara Mann Mumma 541 Bridgeview Dr. Lemoyne, PA 17043 Linda Mumma Roth 512 Creekview Lane Mechanicsburg, PA 17055 Joseph D. Buckley, Esquire Court-Appointed Auditor 1237 Holly Pike Carlisle, PA 17013 DATE: Apri18, 2011 0 BY: _ Robert M. Mumma, II 840 Market St. -Ste. 33333 Lemoyne, PA 17043 717-612-9720 PROSE 5