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HomeMy WebLinkAbout05-11-111N RE: ESTATE OF IN THE COURT OF COMMON PLEAS : -:. _z, ROBERT M. MUMMA, OF CUMBERLAND COUNTY, -~ r ~ ~ _t ~~ ~ -__ PENNSYLVANIA "~'~' -' -; _... _,_. _ ... -~, _- ORPHANS' COURT DIVISION , '_~ _.. • :~ - _., , _ . , . , _,, N0.21-86-398 J :~ ; ~ ~~ -._ ~i c' ROBERT M. MUMMA II'S APPLICATION UNDER 20 Pa. C.S.A. 767 TO JOIN ADDITIONAL PARTIES IN INTEREST The Commonwealth of Pennsylvania, by its Acting Attorney General, William H. Ryan, Jr., acting in his capacity as parens patriae (Commonwealth), respectfully Answers as follows: 1. DENIED. The Commonwealth has not been provided with a copy of the granting instruments in this matter and is therefore, without sufficient information to form a belief as to the truth of the averment. 2. DENIED. The Commonwealth has not been provided with a copy of the granting instruments in this matter and is therefore, without sufficient information to form a belief as to the truth of the averment. 3. DENIED. The Commonwealth has not been provided with a copy of the objections and is therefore, without sufficient information to form a belief as to the truth of the averment. 4. DENIED. The Commonwealth has not been provided with a copy of the objections and is therefore, without sufficient information to form a belief as to the truth of the averment. 5. DENIED. The Commonwealth was not a party to the hearings and has no knowledge thereof. 6. DENIED in that after reasonable investigation the Commonwealth is without sufficient information to form a belief as to the truth of the averments. 7. DENIED in that after reasonable investigation the Commonwealth is without sufficient information to form a belief as to the truth of the averments. 8. DENIED in that after reasonable investigation the Commonwealth is without sufficient information to form a belief as to the truth of the averments. 9. DENIED in that after reasonable investigation the Commonwealth is without sufficient information to form a belief as to the truth of the averments. 10. DENIED in that after reasonable investigation the Commonwealth is without sufficient information to form a belief as to the truth of the averments. 11. ADMITTED, upon information and belief. 12. DENIED in that after reasonable investigation the Commonwealth is without sufficient information to form a belief as to the truth of the averments. 13. DENIED in that after reasonable investigation the Commonwealth is without sufficient information to form a belief as to the truth of the averments. 14. A.-G. DENIED in that after reasonable investigation the Commonwealth is without sufficient information to form a belief as to the truth of the averments. 15. DENIED in that after reasonable investigation the Commonwealth is without sufficient information to form a belief as to the truth of the averments. 16. DENIED in that after reasonable investigation the Commonwealth is without sufficient information to form a belief as to the truth of the averments. 17. DENIED. The averments of this numbered Paragraph constitute a legal conclusion to which no response is required. To the extent that a response is deemed required, the Office of Attorney General, Charitable Trusts and Organizations Section, does not represent either the Department of Revenue or the Internal Revenue Service. Pursuant to the Commonwealth Attorneys Act, 71 P.S. §732-204, case law and O.C.R. 5.5 & 5.6, the Office of Attorney General, in its capacity as parens patriae, may only intervene or participate in matters involving or affecting charitable interests. The Commonwealth has inquired and attempted to ascertain whether there are any such interests involved in this matter; however, the information has not yet been provided. In the event that there are charitable interests involved, the Commonwealth should have received notice at the start of the proceedings. 18. DENIED in that after reasonable investigation the Commonwealth is without sufficient information to form a belief as to the truth of the averment. 19. ADMITTED. WHEREFORE, the Commonwealth respectfully asks this Honorable Court to Order the Movant to provide documentation or evidence that a charitable interest is involved in this matter, and, in the absence of any such evidence, to relieve the Attorney General, in his capacity as parens patriae, of any obligation to participate. Respectfully Submitted: WILLIAM H. RYAN, JR. Acting Attorney General Office of Attorney General Charitable Trusts & Organizations Section Strawberry Square, 14th Floor Harrisburg, Pennsylvania 17120 Heather J. Vance-Rittman Senior Deputy Attorney General Pa. Attorney LD. No. 82705 Mark A. Pacella Chief Deputy Attorney General May 10, 2011 IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS ROBERT M. MUMMA, OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-86-398 VERIFICATION Heather J. Vance-Rittman hereby states that she is a Senior Deputy Attorney General with the Office of Attorney General, Charitable Trusts and Organizations Section, that she is authorized to make this verification on behalf of the Attorney General, and the facts in this Petition for Citation are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Heather J. Vance-Rittman Senior Deputy Attorney General Pa. Attorney I.D. No. 82705 IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS ROBERT M. MUMMA, OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-86-398 CERTIFICATE OF SERVICE AND NOW, this 10th day of May, 2011, I, Heather J. Vance-Rittman, Senior Deputy Attorney General, caused to be served a true and correct copy of the Commonwealth's Answer, in the above-captioned matter by placing a true and correct copy of same in the United States First Class Mail, postage prepaid, as follows: Robert M. Mumma, II Brady Green, Esquire 840 Market Street -Ste. 33333 Morgan, Lewis, Bockius, LLP Lemoyne, PA 17043 1701 Market Street Philadelphia, PA 19103-2921 Barbara Mann Mumma Linda Mumma Roth 541 Bridgeview Road 512 Creekview Lane Lemoyne, PA 17043 Mechanicsburg, PA 17055 Joseph D. Buckley, Esquire Court-Appointed Auditor 1237 Holly Pike Carlisle, PA 17013 Internal Revenue Service Federal Building 228 Walnut Street Harrisburg, PA 17108 Pennsylvania Dept. of Revenue Strawberry Square Fourth & Walnut Streets Harrisburg, PA 17128 Heather J. Vance-Rittman Senior Deputy Attorney General