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Home My WebLink About04-03-12RE~~~JE% r~'CE (.~ r„c~~; - ,~~II~ 2~ k 2 APR -3 A!9 IQ~ ! 5 CLERK rF ORPHAN'S COURT ca.fnae~~~.A~~c~ cc~ . PA IN RE ESTATE OF ROBERT M. MOMMA, Deceased APPEAL Of ROBERT M. MOMMA, II IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.21-86-39$ ORPHAN'S COURT DIVISION CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL PURSUANTTO PA. R.A.P. 1925ib), FILED ON BEHALF OF APPELLANT ROBERT M. MOMMA. II AND NOW, comes Robert M. Mumma, II, by and through his attorney, John M. Kerr, ~ohn err aw. PC Bozo Rmea ltoaa 6W1C 104 MBfXl8nks6tug, PA ! 7065 Hgrve: 717.788.4008 Fnx: 717.788.4088 Esquire, and files this Concise Statement of Matters Complained Of On Appeal pursuant to Pa.R.A.P. 1925(b), the nature of which is as follows: 1. Appellant Robert M. Mumma, II (hereinafter, "Appellant" or Mumma, II") respectfully submits that your Honorable Court erred by failing to address Mumma II's challenge to the Court's subject matter jurisdiction during the course of the proceedings before the Auditor, Joseph D. Buckley, Esquire. 2. Indeed, the Auditor's Interim Report, dated December 5, 2011, specifically acknowledged that during the first and third telephone conferences, "Mr. Mumma argued that the court had no jurisdiction " (see pages 1 & 2 of Interim Report). 3. Moreover, in his Answer to M&T Bank's Request For Partial Disposition On Undisputed Issues of Fact, filed December 14, 2011, Mumma, II, acting fro se, specifically alleged that "the Orphan's Court does not have jurisdiction over D-E Distribution or its assets." 4. As Auditor, Joseph Buckley lacked authority to resolve and to determine a challenge to ~ohn ~rr aw. PC Bozo IWler ]soaa sane ]oa Mec#~enlcsburg, PA 17055 PtarB: 717.788.4008 Ftx: 717.788.4088 the subject matter jurisdiction of the Court and should have submitted this question to the Court. 5. In fact, at page 1 of his Interim Report, Auditor Buckley stated as follows: I also provided all parties with a copy of applicable sections of the Pennsylvania Consolidated Statutes relating to the Orphan's Court's jurisdiction (20 Pa. C. S: §711) and relating to income on distributive shares (20 Pa. C. S. §3543) together with a copy of the Pennsylvania Supreme Court's decision Pooe v. Dasher. 429 Pa. 576; 240 A.2d 518 (1968), a case which discussed whether a court of common pleas or the orphan's court had jurisdiction to determine the ownership of certain realty recorded in decedent's name at the time of death and of certain shares of corporate stock registered in decedent's name at the time of death. 6. Appellant Robert M. Mumma, II respectfully submits that said case is inapplicable to the facts of the present matter. The fact is that Robert M. Mumma, at the time of his death, did not own stock in DE Distribution and Mumma Realty Associates was formed after his death. In addition, he did not own stock in Pennsy Supply Inc. 7. Appellant Robert M. Mumma, II also submits that no record was kept of the referenced telephone conference calls, and Auditor Buckley misrepresented what was said by Robert M. Mumma, II. Moreover, Auditor Buckley berated Barbara Mumma to the extent that she could not express her opinions. 8. The Trustee relies upon a purported agreement among the tenants-in-common to support her rights to the assets of the tenancy-in-common. The agreement she reties upon contains an express provision that a!I disputes between the tenants are subject solely to arbitration in Dauphin County, Pennsylvania, and thus not subject to the jurisdiction of the Orphans Court of Cumberland County, Pennsylvania. 9. In addition to the jurisdictional challenge, Appellant Robert Mumma, II submits that the distributions authorized by the Court's Order of December 13, 2011 were inappropriate and an abuse of the Court's discretion, 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 Mumma Realty Associates were parties to any action before the Court; c) No Hearings were held in this matter and no record was kept of the telephone conferences; and d) Mumma Realty Associates is not a legal entity in the Commonwealth of Pennsylvania . Respectfully submitted, evY'. J n M. Kerr, Esquire orney I.D. #26414 John Kerr Law, P.C. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 Dated: April 3, 2012 ~ohn ~crr aw. PC Q 5020 Ritter Road SOlle 104 M0dlaPtlcsbufg, PA 17055 R+o~: 717.788.4008 Fnx: 7I7.788.4g86 CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Concise lyohn ~rr aw. PC a soao laver aosa Sidle 104 McGiartlcv5lxug, PA 17055 Ptp~: 717.788.4008 Fnx: 717.788.4086 i Statement of Matters Complained Of On Appeal Pursuant to PA. R.A.P. 1925(b), Filed On Behalf of Appellant Robert M. Mumma, II," on the below-named individual s in the manner indicated: First Class Mail. Postage Preoaid Honorable J. Wesley Oler, Jr. Joseph D. Buckley, Esquire, Auditor Court of Common Pleas of 1237 Holly Pike Of Cumberland County Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013 George B. Faller, Esquire Marston Law Offices Brady Green, Esquire 10 East High Street Morgan, Lewis & Bockius, LLP Carlisle, PA 17013 1701 Market Street Philadelphia, PA 19103 Barbara M. Mumma 541 Bridgeview Drive Linda Mumma Lemoyne, PA 17043 c/o Carter Ellis 203 Friars Court Thomas A. French, Esquire Mechanicsburg, PA 17050 Rhoades & Sinon, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Joh M. Kerr, Esquire 502 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 Dated: April 3, 2012