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HomeMy WebLinkAbout07-10-13 (3) 1 Y ROBERT M. MUMMA, II 840 Market Street, Suite 33333 LeMoyne, PA 17043 � ;�: �,� �� 717-448-1127 � Q c`' r� �-; �J �_- +C"> pro se c� �_, .. --� :�, rn -� '- � i"�'J k'-�, � � `yr�r' i�+T+� }--..1 . ��: � w�`.�.:�� ' 1.�._� e .. ��1 ' U� �.^yp : In the Court of Commoa�3P�ea��`of _, �;:`� � M� IN RE: : Cumberland County, P�n��lvania-- ` :-� ' Estate of Robert M. Mumma,Deceased : � =� --� �� : No. 21-86-398 n , .-�--, -a _=�� : Orphans' Court Division �` ' APPELLANT'S CONCISE STATEMENT OF ISSUES ON APPEAL (PA.R.A.P. 1925(b)) Appellant Robert M. Mumma, II ("Appellant"), by and through its undersigned counsel, hereby responds to the Court's 1925(b) Order, entered June 18, 2013, with the following Concise Statement of Issues on Appeal from the Court's Order, entered May 10, 2013 (Item 714 on the Docket, the"Appealed Order"). Pursuant to Pa.R.A.P.No. 1925(b)(4)(vi), Appellant states that because the Court entered the Appealed Order in reliance on the Auditor's Interim Report and recommendation, prior to the expiration of time for Objections thereto and without a hearing or further explanation, Appellant cannot readily discern the basis for the Court's decision beyond the general terms of the Appealed Order, and accordingly frames it statement of issues on appeal in similarly general terms. With this preface, Appellant states as follows: 1. The Appealed Order was entered in violation of Local Orphans' Court Rule 7.1, allowing 20 days for obj ections. 2. The Auditor's."interim report and recommendation" of relief prior to or apart , from confirmation of an account and proposed distribution, exceeds the authority , . granted an auditor and violates applicable rules and statutes governing auditors, e.g., Supreme Court Orphan's Court Rule ("O.C.R.") 8.4 and 20 Pa.C.S.A §3514. 3. The relief recommended by Auditor and granted in the Appealed Order is beyond the subject matter jurisdiction of the Orphans' Court to the extent it concerns the disposition or distribution of assets that are not property of the Estate and/or are property of others not parties to the proceedings. 4. The relief recommended by Auditor and granted in the Appealed Order is contrary to Appellant's prior Objections to the Audits and Estate Inventory and unfairly prejudices Appellants substantive and procedural rights relating to those prior Objections. 5. Appellee Morgan lacked standing to request the relief sought in the Liquidation petition and allowed by the Appealed Order. 6. The relief recommended by Auditor and granted in the Appealed Order was in violation of the express terms of Items SEVENTH and EIGHTH of the Will which mandate that the assets of the Estate and Trusts be distributed to the beneficiaries upon the death of Barbara McKimmie Mumma, "as it is then constituted..." 7. The relief recommended by Auditor and granted in the Appealed Order violated the terms of the agreements governing the assets of Mumma Realty Associates (the "MRA Agreements"),. 8. The relief recommended by Auditor and granted in the Appealed Order is arbitrary and unsupported by evidence or good cause. The auditor cites only one reason for the relief(the need to fund administration expenses)but elsewhere . acknowledges that need no longer exists (the expenses were met by the DE policy proceeds). There is no accounting or evidence concerning the disposition of the proceeds of those policies paid to the Trust and no accounting of current expenses. 9. The process before the Auditor and Orphan's Court resulting in the Appealed Order were in violation of Appellant's rights of due process under the Constitutions of the United States and Commonwealth of Pennsylvania. Foehl & Eyre, P. . � . Date: July 10, 2013 By: Robe . Eyre, Esquire A rney for Appellant . . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Concise Statement of Issues on Appeal has been served by first-class United States mail, postage prepaid, this l Oth day of July 2013, to the following: Hon. J. Wesley Oler, Jr., Senior Judge Court of Common Pleas of Cumberland County One Courthouse Square Carlisle, PA 17013 Ivo 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 Wilbraham Lawler & Buba 31 St Floor 1818 Market Street Philadelphia, PA 19103 Richard F. Rinaldo, Esquire Williams Coulson, LLC 16th Floor, One Gateway Center Pittsburgh, PA 15222 Ms. Linda M. Mumma, P.O. Box 30436 Bethesda, MD 82 Robert B. E e Counse ppellant Robert M. Mumma, II 1