HomeMy WebLinkAbout12-27-11 (2)Robert M. Mumma, II
Box F.
Grantham, PA 17027
Pro Se
IN RE ESTATE OF
ROBERT M. MUMMA,
Deceased,
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IN TItE CO[IR"I' OF COIVIM()N I'I_,IAS
CL111-IBERI_,AND CO[JNTY, I'ENN~YLVANI:~
ORPHANS' COURT DIVISION
No. 21-86-398
MOTION FOR RECONSIDERATION
AND NOW COMES, Respondent, Robert M. Mumma, II, pro se, and files this Motion
for Reconsideration of the Court's Order of December 13. 2011, and in support thereof avers the
following:
1. On December Lisa Morgan petitioned the Cumberland County Orphans' Court for
Authorization for Distributions of Cash to the Beneficiaries of the Estate as well as an Order
directing M&T Bank to disburse, by wire transfer, certain funds of D-E Distribution Corporation.
2. On the 22nd day of September 2002, Robert M. Mumma, II filed Objections to
the Petition.
3. On October 5, 2011, this Court referred the Petition to Joseph D. Buckley,
Esquire, previously appointed as Auditor in the above-captioned matter.
4. On December 5, 2011, Auditor Buckley issued an Interim Report to the Court, but
failed to serve the Report on the Parties.
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5. On December 13, 2011, this Court issued an Order directing M&T Bank to
transfer the fund of D-E Distribution and MRA I to distribute $125,000 of its funds to Lisa M.
Morgan, Trustee of the Residuary Trust.
6. Robert M. Mumma, II respectfully requests this Court to reconsider its Order for
the following reasons:
a. The parties were not given an opportunity to respond to the Auditor's
Report.
b. Neither D-E Distribution nor MRA I is a party to any action before this
Honorable Court.
c. The Auditor's Report contains many representations that are inaccurate,
incomplete and misleading.
d. No hearings were held in this matter and no transcripts of the telephone
conferences are available.
e. MRA I is not a legal entity in the state of Pennsylvania. It is represented
that MRA I is in fact atenancy-in-common, representing the interests in real estate of the
four beneficiaries of the Estate of Robert M. Mumma. This Honorable Court has
previously found that the Tenants were parties to an Agreement dated December 19, 1986
that governed the management of the Premises.' Under this, Agreement, all disputes
between the Parties are to be resolved only by arbitration.
"Arbitration. If there is any dispute with respect to the
Premises or any other matter concerning the Premises or
the proper relationships and obligations among the Owners
Robert M. Mumma, [l, Respondent, is not waiving his position that the signature page of this Agreement is
fraudulent. It was not signed on December 19, 1986, nor was it ever attached to the Agreement when it was signed.
"These signatures were acquired by George Hadley, an Accountant, for preparation of tax documents required by the
liquidation of Pennsylvania Supply Company and Kim Company. ~,
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as co-tenants or parties to this Agreement, such dispute at
the option of any Owner shall be conclusively resolved by
arbitration before a single arbitrator in Dauphin County,
Pennsylvania in accordance with the rules of the American
Arbitration Association. The decision resulting from the
arbitration shall be binding on all the Owners with no rights
of appeal to a court or any other tribunal, and any Owner
may enforce the decision of the arbitrator in a court of
competent jurisdiction."
Thus, Lisa M. Morgan was without authority to file the Petition with this
Honorable Court.
f. D-E Distribution is an indispensable party to this Petition.
g. D-E Distribution is not subject to the jurisdiction of the Cumberland
County Orphans' Court.
h• The ownership of D-E Distribution is a matter presently under litigation.
Dated: December 22, 201 I
Respectfully submitted,
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Robert M. Mumma, II
Box F
Grantham, PA 17027
Pro Se
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CERTIFICATE OF SERVICE
I hereby certify that on this 22nd day of December, 2011, a copy of the foregoing Motion
for Reconsideration was served upon the person(s), at the address, and in the manner indicated
below:
SERVICE VIA UNITED STATES MAIL
FIRST CLASS POSTAGE PREPAID TO:
Thomas A. French, Esquire
RHOADS & SINON, LLP
One South Market Square
P.O. Box 1146
Harrisburg, PA 17108-1146
Joseph D. Buckley.. Esquire
1237 Holly Pike
Carlisle. PA 17013
Brady L. Green. Esquire
Morgan, Lewis & Bockius, LLP
1701 Market Street
Philadelphia, PA 19103-2921
George B. Faller, Jr., Esquire
No V. Otto, III, Esquire
10 East High Street
Carlisle. P A 17013
Linda Mumma
c/o Carter Ellis
203 Friars Court
Mechanicsburg, PA 17050
Barbara M. Mumma
541 Bridgeview Drive
Lemoyne, PA 17043
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Dated: December 22, 2011 Robert M. Mumma, II
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