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HomeMy WebLinkAbout04-29-11IN THE COURT OF COMMON PLEAS n OF CUMBERLAND COUNTY, PENNSYLVANIA ~ IN RE ESTATE OF ROBERT M. MUMMA, Deceased. -:, -~ :';-c-, -;=> r- --- -= rn ORPHANS' COURT DI`' c7 . __}. ~-„ . -' -_~-~ N0.21-86-398 ~ _, RESPONSE OF LISA M. MORGAN TO MOTION FOR JURY TRIAL ~': ~. ~~ -,-. ~: r~. ~~ ll.'' ~~, ~~° ,n - =~ -,-, c.~~ ~ 'T i Lisa M. Morgan responds as follows to the motion of Robert M. Mumma, II for jury trial pursuant to 20 Pa.C.S. § 777: 1. Admitted in part, denied in part. It is admitted that Mr. Mumma, II, formally is acting pro se, though he is being assisted in these proceedings by counsel. It is further admitted that he is a remainderman of trusts established under the will of Robert M. Mumma, Sr. Mrs. Morgan is without information sufficient to admit or deny the remaining allegations of this paragraph, which therefore are denied. 2- 8. Admitted. 9. Admitted in part, denied in part. It is admitted that the Auditor issued a notice scheduling a hearing on objections filed to the most recent accounts for the Trusts for May 2 through May 6. Mrs. Morgan does not understand, and therefore denies, that the Auditor's notice "purported" to schedule the hearing. 10. Denied. The allegations of this paragraph constitute legal assertions to which no response is required. By way of further response, the cited statute speaks for itself, and all characterizations thereof are denied. 11. Denied. The allegations of this paragraph constitute legal conclusions to which no responsive pleading is denied. By way of further response, Mrs. Morgan specifically denies that the accounts, objections or any other pleadings, evidence or testimony in this matter establish that a "substantial dispute exists as to the ownership of any asset listed in the inventories or accounts filed by Mrs. Morgan and Barbara McK. Mumma in this proceeding. Indeed, no specific property is even mentioned, much less any evidence suggesting a "substantial dispute" as to ownership. By way of further response, Mrs. Morgan incorporates by reference here responses to Mr. Mumma, II's prior motions for jury trial, her appellate briefing on the issue, and the relevant portions of her post-hearing brief filed following the conclusion of the first 33 days of hearings on objections to accounts filed by Mrs. Mumma and Mrs. Morgan. 12-13. Denied. The allegations of these paragraphs constitute legal conclusions to which no response is required. By way of further response, Mrs. Morgan incorporates by reference herein her response to paragraph 11 above. 14. Admitted in part, denied in part. It is admitted that Mr. Mumma, II, did not seek or obtain concurrence of Mrs. Morgan to the filing of this Motion. Mrs. Morgan is without information sufficient to admit or deny the allegations regarding Mr. Mumma, II's, motives for not doing so. 15. Admitted. WHEREFORE, Lisa M. Morgan respectfully requests that the Motion for Jury Trial be denied. Respectfully submitted, By: G~CJ(~ No V. o, ,Esquire I.D. No. 27763 George B. Faller, Jr., Esquire I.D. No. 49813 Jennifer L. Spears, Esquire I.D. No.87445 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Brady L. Green, Esquire MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103-2921 (215) 963-5079 Dated: April ~~, 2011 Attorneys for Lisa M. Morgan CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the Response of Lisa M. Morgan to Motion for Jury Trial was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Robert M. Mumma, II 6880 S.E. Harbor Circle Stuart, FL 34996-1968 Robert M. Mumma, II 840 Market Street Suite 33333 Lemoyne, PA 17043 Ms. Barbara M. Mumma 541 Bridgeview Drive Lemoyne, PA 17043 Ms. Linda M. Mumma 512 Creekview Lane Mechanicsburg, PA 17055 Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 MARTSON LAW OFFICES `_. By Tric' ckenroad Ten Eas High Street Carlisle, PA 17013 Dated: April 29, 2011 (717) 243-3341