HomeMy WebLinkAbout05-16-13 (2) 630727
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Richard. F. Rinaldo
Pa. I.D. No. 33222 r
Williams Coulson Johnson Lloyd
Parker& Tedesco, LLC
One Gateway Center, 16"' Floor w}
Pittsburgh, PA 15222
(412-454-0200
Attorneys for Barbara M. Mumma
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
In re: ORPHANS' COURT DIVISION
Estate of Robert M. Mumma, Deceased.
No. 21-86-398
MOTION BY BARBARA M. MUMMA TO
VACATE OR, IN THE ALTERNATIVE, TO RECONSIDER
ORDERS DATED MAY 6, 241.3 AND ENTERED MAY 10, 2013
Barbara M. Mumma ("Barbara Mumma"), by her counsel, hereby files and
serves the following Motion to Vacate or, in the Alternative, to Reconsider Orders
Dated May 6, 2013 and Filed May 10, 2013 ("Motion to Vacate") and in support
thereof states as follows:
1. On Friday, April 26, 2013, Auditor Buckley sent via e-mail to counsel of
record and to Robert Mumma, II, who is proceeding pro se in this matter, a notice
which stated, in pertinent part: "I am attaching a copy of an Interim Report I will
be filing today regarding the two outstanding petitions of the Trustee. A copy of
said a-mail is attached hereto as Exhibit "A."'
2. Pursuant to Local Rule 8.7-2 of the Cumberland County Orphans' Court
Rules:
Objections to the auditor's report shall be filed with the Clerk
within twenty days after receipt of the notice of filing of said report.
Objections shall be specific as to the basis of the Objection whether as
to the findings of fact or conclusions of law, or both.
C.C.O.C.R. 8.7-2. A copy of C.C.O.C.R. 8.7-2, printed from the official website
of the Court of Common Pleas of Cumberland County, is attached hereto as Exhib-
it "B."
3. Pursuant to C.C.O.C.R. 8.7-2, Objections to the Interim Report are timely if
filed with the Clerk of the Orphans' Court on or before April 16, 2013. (See Pa.
O.C.R. 4.1: "When any period of time is referred to in any rules, such period in all
cases . . . shall be so computed as to exclude the first and include the last day of
such period."); see also Pa. R.C.P. 106(a).
' Thus, although the report is captioned "Auditor's Interim Report, April 24, 2013,
And Request for Order," the first date on which counsel and/or the parties could
possibly have received notice of the filing of the Interim Report is April 26, 2013.
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4. Despite the provisions of C.C.O.C.R. 8.7-2, this Court, per Oler, S.J., grant-
ed the two Orders recommended by Auditor Buckley by orders dated May 6, 2013
and entered May 10, 2013. Copies of the two Orders, both date-stamped May 10,
2013, were received in the office of counsel of record for Barbara Mumma on
Monday, May 13, 2013, and are attached hereto as Exhibit "C" and "D" respec-
tively (for convenience, the Orders will be referred to as the "May 10 Orders,"
since that was the recording date in the office of the Clerk.).
5. On May 16, 2013,. in compliance with C.C.O.C.R. 8.7-2, Barbara Mumma
has filed with the Clerk and served Objections of Barbara M. Mumma to Auditor's
Interim Report Filed April 26, 2013.
6. Given that the May 10 Orders were entered prior to the date on which Bar-
bara Mumma was entitled under the Local Rules to file and serve her Objections,
Barbara Mumma respectfully suggests that the entry of the May 10 Orders was
premature and that she should have a right to present and argue her Objections to
the Auditor's Interim Report filed April 26, 2013. Any other result would act to
deprive Barbara M. Mumma of due process of law.
7. Although Barbara Mumma's Objections relate to the Order dated May 6,
2013 and entered May 10, 2013 which is attached as Exhibit "C" and not to the
Order attached as Exhibit "D," Barbara Mumma respectfully submits that both or-
ders should be vacated or, in the alternative, reconsidered, both in order to comply
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with the applicable rules of Court and in the event another party files objections
which relate to the Order attached as Exhibit "D."
Conclusion
In light of the unambiguous text of the applicable rules, especially
C.C.O.C.R. 8.7-2, Barbara M. Mumma respectfully submits that both of the Orders
dated May 6, 2013 and entered May 10, 2013 were prematurely entered and should
be vacated or, in the alternative, reconsidered, because the Objections of Barbara
M. Mumma to Auditor's Interim Report Filed April 26, 2013 have been timely
filed and served. A proposed Order of Court is attached hereto as Exhibit "E."
WILLIAMS COULSON JOHNSON LLOYD
PARKER & TEDESCO, LLC
� ZBy:
chard F. Rinaldo
Dated: May 16, 2013 Attorneys for Barbara M. Mumma
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion of Bar-
bara M. Mumma to Vacate or, in the alternative, to Reconsider Orders dated May
6, 2013 and Entered May 10, 2013 was served by first-class United States mail,
postage prepaid, this 16`h day of May, 2013 to the following:
Hon. J. Wesley Oler, Jr.,
Senior Judge
Court of Common Pleas of
Cumberland County
One Courthouse Square
Carlisle, PA 17013
(via hand delivery)
Joseph D. Buckley, Esquire
1237 Holly Pike
Carlisle, PA 17013
No V. Otto, IV, Esquire
George B. Faller, Esquire
Jennifer L. Spears, Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
Brady L. Green, Esquire
Morgan, Lewis & Bockius, LLP
1701 Market Street
Philadelphia, PA 19103-2921
Robert M. Mumma II
840 Market Street
Suite 3333
Lemoyne, PA 1.7043
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(Certificate of service continued)
Robert M. Mumma II
6880 S.E. Harbor Circle
Stuart, FL 34996
Ms. Linda M. Mumma,
P.O. Box 30436
Bethesda, MD 20824
L
Rik-
ar F. Rinaldo
Counsel for Barbara M. Mumma
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Richard F. Rinaldo
From: JOEBLAW @aol.com
Sent: Friday, April 28, 2013 8:29 AM
To: bgreen @morganlewis.com; Richard F. Rinaldo; iotto @martsonlaw.com; rmmtwo @mae.com
Subject: Estate of Ronert M. Mumma
Attachments: MUMMAA-1.PDF
Gentlemen,
I am attaching a copy of an Interim Report I will be filing today regarding the two outstanding petitions of the Trustee. I am
readying the final report but would entertain a short memo from all parties as to the law of this matter in light of the
Superior Court decision in Mumma v, Estate of Mumma, 40 A.3d 198. 1 will give you 30 days if you wish to respond.
My office received a letter from an attorney not of record in this matter relative to a request from Mr. Mumma. I would
advise each of you if you need any information which is in the record of this matter you consult the record or if you desire
information contained in any transcribed arguments, you consult those transcriptions. Please do not attempt to convert
your unsolicited, out of hearing statements to me as a statement attributed to me. t reiterate to you all, as I did to Mr.
Mumma if you have questions relative to any matter where you may have not been present, please consult the record,the
transcripts or the files of your attorneys of record. Thank you.
Joseph D. Buckley, Esquire
1237 Holly Pike
Carlisle, PA 17013-4435
717-249-2448
t
Adopted May 15, 1990, effective July 1, 1990-; amended December 29,
2004, effective December 29, 2004.
Rule 8.7. Confirmation of Report
(a) The report of an auditor shall be confirmed in such
manner as local rules shall prescribe.
(b) The report of a master shall not be approved until a
decree is entered adopting its recommendations.
CONFIRMATION
Rule 8.7-1. [No revision required, except as noted]
OBJECTIONS
Rule 8.7-2. Objections to the auditor's report shall be filed with the Clerk
within twenty days after receipt of the notice of filing of said report.
Objections shall be specific as to the basis of the Objection whether as to
the findings of fact or conclusions of law, or both.
Adopted May 15, 1990, effective July 1, 1990; amended December 29,
2004,effective December 29, 2004.
DISPOSITION OF OBJECTIONS
Rule 8.7-3. [No revision required, except as noted]
Rule 8.8. Security for Expenses and Fees
An auditor or master,the accountant or any party in interest
may apply to the court at any time for leave to require security for
the payment of the auditor's or master's expenses and fees,and,
when such leave is granted,the auditor or master may decline to
proceed until security is entered.
Rule 8.8-1. [RESERVED]
Note: No local rule required.
Adopted May 15, 1990, effective July 1, 1990.
RULE 9. OFFICIAL EXA W ERS
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IN RE: ESTATE OF ROBERT M. : IN THE COURT OF COMMON PLEAS OF
MUMMA, deceased : CUMBERLAND COUNTY, PENNSYLVA-NIA
ORPHANS' COURT DIVISION
NO. 21-86-398
ORDER_
AND NOW,this 6 day of AA s 2013, upon the recommendation of the
Auditor in this case it is hereby ordered that the request of Lisa M. Morgan, that she be
authorized to proceed with a plan of liquidation is hereby granted. Lisa M. Morgan is authorized
and directed to proceed with a plan of liquidation of the assets remaining in the trust established
under the Seventh Section and the Eighth Section of the Last Will and Testament of Robert M.
Mumma, and following receipt by this Court of its Order regarding the accounts previously filed
to distribute then reamining assets among and between the named beneficiaries: Robert M.
Mumma Il, Barbara M. Mumma, Linda Mumma, and Lisa M. Morgan in equal shares without
further order of this Court.
BY THE COURT
J. esley Oler, Jr.67mor Judge
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Joseph D./Esire sq ' e,Auditor . , r
Clerk of Co CD
No V. Ottire c '
Brady GrRichard Fsquire o Robert MLinda Mu `'
Joseph D. Buckley, Esq,
1237 Holly Pike
Carlisle, PA 17013
Court-Appointed Auditor
Robert M. Mumma, II
Box F
Grantham, PA 17027
No V. Otto, III, Esq.
10 East High Street
Carlisle, PA 17013
Brady L. Green, Esq.
Morgan, Lewis & Bockius, LLP
1701 Market Street
Philadelphia, PA 19103-2921
John Kerr, Esq.
5020 Ritter Road
Suite 104
Mechanicsburg, PA 17055
Linda Mumma
P. O. Box 30436
Bethesda, MD 20824
Rich d F. Rinaldo, Esq.
W' iams Coulson Johnson Lloyd Parker & Tedesco, LLC
ne Gateway Center, 16th Floor
Pittsburgh, PA 15222
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IN RE: ESTATE OF ROBERT NI. : IN THE COURT OF COMMON PLEAS OF
MUMNLA, deceased : CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-86-398
ORDER
AND NOW, this 6 day of 04 J 2013, upon the recommendation of the
Auditor in this case it is hereby ordered that the Petition of Lisa M. Mumma to authorize the sale
of the real property owned by the Estate of Robert M. Mumma, located on UPS Drive in
Dauphin County and commonly referred by the parties as "the UPS Property" is hereby granted.
BY THE COURT
J. sley Oler, Senior Ju ge
Joseph D. Buckley, E. uire, Auditor o R
Clerk of Orphan's C c
No V. Otto, IV, Es ire
Brady Green, Esq re
Richard F. Rinal o, Esquire
Robert M. M a
Linda Mumma oth
o
_ CGJ C
Joseph D. Buckley, Esq.
1237 Holly Pike
Carlisle, PA 17013
Court-Appointed Auditor
Robert M. Mumma, II
Box F
Grantham, PA 17027
No V. Otto, III, Esq.
10 East High Street
Carlisle, PA 17013
Brady L. Green, Esq.
Morgan, Lewis & Bockius, LLP
1701 Market Street
Philadelphia, PA 19103-2921
John Kerr, Esq.
5020 Ritter Road
Suite 104
Mechanicsburg, PA 17055
Linda Mumma
P. O. Box 30436
Bethesda, MD 20824
/Ra d F. Rinaldo, Esq.s oulson Johnson Lloyd Parker & Tedesco, LLC
teway Center, 16a'Floor
Pittsburgh, PA 15222
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
In re: ORPHANS' COURT DIVISION
Estate of Robert M. Mumma, Deceased.
No. 21-86-398
ORDER OF COURT
AND NOW, this day of May, 2013, upon consideration of the Motion
By Barbara M. Mumma to Vacate or, in the Alternative, to Reconsider Orders Dat-
ed May 6, 2013 and Entered May 10, 2013, it is hereby Ordered that said Motion is
GRANTED and the two orders in this matter dated May 6, 2013 and entered May
10, 2013 are hereby Vacated. Further proceedings will be scheduled by further
Order of Court.
BY THE COURT'
J. Wesley Oler, Jr., Senior Judge
Joseph D. Buckley, Esquire, Auditor
Clerk of Orphans' Court
No V. Otto, IV, Esquire
Brady Green, Esquire
Richard F. Rinaldo, Esquire
Robert M. Mumma 11
Linda M. Mumma
Joseph D. Buckley, Esquire
1237 Holly Pike
Carlisle, PA 17013
Court-Appointed Auditor
No V. Otto, 111, Esquire
George B. Faller, Esquire
Jennifer L. Spears, Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
Brady L. Green, Esquire
Morgan, Lewis & Bockius, LLP
1701 Market Street
Philadelphia, PA 19103-2921
Robert M. Mumma 11
840 Market Street
Suite 3333
Lemoyne, PA 17043
Robert M. Mumma 11
Box F
Grantham, PA 17027
Robert M. Mumma 1I
6880 S.E. Harbor Circle
Stuart, FL 34996
Ms. Linda M. Mumma,
P.O. Box 30436
Bethesda, MD 20824
4
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion of Bar-
( tiara M. Mumma to Vacate or, in the alternative, to Reconsider Orders dated May
6, 2013 and Entered May 10, 2013 was served by first-class United States mail,
postage prepaid, this 16"' day of May, 2013 to the following:
Hon. J. Wesley Oler, Jr.,
Senior Judge
Court of Common Pleas of
Cumberland County
One Courthouse Square
Carlisle, PA 17013
(via hand delivery)
Joseph D. Buckley, Esquire
1237 Holly Pike
Carlisle, PA 17013
No V. Otto, 111, Esquire
George B. Faller, Esquire
Jennifer L. Spears, Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
Brady L. Green, Esquire
Morgan, Lewis & Bockius, LLP
1701 Market Street
Philadelphia, PA 19103-2921
Robert M. Mumma 11
840 Market Street
Suite 3333
Lemoyne, PA 17043
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(Certificate of service continued)
Robert M. Mumma II
6880 S.E. Harbor Circle
Stuart, FL 34996
Ms. Linda M. Mumma,
P.O. Box 30436
Bethesda, MD 20824
I?
Richard F. Rinaldo
Counsel for Barbara M. Mumma
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