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Home My WebLink About07-30-13 � .-.. :-— � �7 Cc�,--' i"P'1 -a�- '� �,:fi� � �m°' '� C--- zr i � ' . �...... �,.� . C=' �.3�., � .'� �;.'� A ! ROBERT M.MUMMA,II � ' ' - � � c•� �: 840 Market Street,Suite 33333 ,__ = � "� . �:�. LeMoyne,PA 17U43 "_ � : 717-448-1127 -_- : pro se : - �- � _ . ,_._.., -x ,� : In th.e Court of Common Pleas vf �N RE: . Cumberland County,Pennsylvania Estate of Robert M. Nlumma,Deceased . : No. 21-86-398 . Orphans' Court Division . APPELLANT'� CaNCISE STATEMENT QF ISSUES 4N 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 July 11,2013,with the following Concise Statement of Issues on Appeal from the Court's Order, entered June 7,2�13 (Item 726 on the Docket,the"Appealed 4rder"). Pursuant to Pa.R,A.P.No. 1925(b)(4)(vi},Appellant states that because the Court did not prvvide the particular reasons for the Appealed Order,Appellant cannvt 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. The difficulty in discerning the reasons for the Appealed Order is compounded by the nature of the Petition that gave rise to the Agpealed Order: a Petition to vacate a pr�or Order date July 30,2012("Prior 4rder"}which was entered vn the basis of the recommendation of an auditor,Joseph Buckley,Esquire(the "Auditor")for interim relief on a Petition to Au�liorize a PIan of Liquidation{the"Liquidation Petition")filed by Appellee Lisa M, Morgan("Appellee Morgan") as Trustee of a Trust under the Will of Roliert M Mumma,Decedent in the captivned E.state. With this preface,Appellant states as foliows: 1 1. The Orphans' Court and Auditor lacked subject matter jurisdiction to authorize the liquidation of insurance policies that were not property of the Estate or Trust before it, and the Prior Order is therefore void. 2. DE Distribution was a necessary and indispensable party to the proceedings, depriving the Court and Auditor of subject matter jurisidction. 3. The Prior Order was entered in violation of Local Orphans' Court Rule 7.1, allowing 20 days for objections. 4. The Prior Order improperly relied on an Auditor's interim recommendation and report that exceeded the authority granted an auditor and violated 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. 5. The relief recommended by Auditor and granted in the Prior Order is contrary to Appellant's prior Objections to the Audits and Estate Inventory, and to the Liquidation Petition, and unfairly prejudices Appellant's substantive and procedural rights relating to those prior Objections. 6. Appellee Morgan lacked standing to request the relief sought in the Liquidation Petition and allowed by the Prior Order. 7. The relief recommended by Auditor and adopted in the Prior Order was in violation of the express terms of Items SEVENTH and EIGHTH of the Will which mandate that the residue of the Estate and Trusts be distributed to the beneficiaries upon the death of Barbara McKimmie Mumma, "as it is then constituted..." 8. The relief recommended by Auditor and adopted in the Appealed Order is arbitrary and unsupported by evidence or good cause. Specifically,there was no 2 enforceable agreement by Appellant Robert M. Mumma, II to liquidation of the insurance policies at issue. 9. The Prior Order is invalid and unenforceable due to lack of proper service and notice of entry to Appellant. 10. The Orphans' Court erred in not vacating the Prior Order. 11. The Orphans' Court erred in not allowing Appellant additional time for discovery on the Petition to Vacate. 12. The Orphans' Court erred in not considering the Affidavit o�Jeffrey Brooks, Esquire. 13. The Orphans' Court erred in not granting the Petition to Supplenient the Record. Foehl & Eyre, P.C. ,, , � i // Date: July 30, 2013 By: l' Robert B. E ;Esquire � Attorney r�Appellant 3 ROBERT M. MUMMA,II 840 Market Street, Suite 33333 LeMoyne, PA 17043 717-448-1127 pro se : In the Court of Common Pleas of IN RE: : Cumberland County, Pennsylvania Estate of Robert M. Mumma, Deceased : : No. 21-86-398 : Orphans' Court Division CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Concise Statement of Issues on Appeal has been served (unless otherwise noted) by first-class United States mail, postage prepaid, this 30th day of July 2013, to the following: Hon. J. Wesley Oler, Jr., Senior Judge Court of Common Pleas of Cumberland County One Courthouse Squaxe Carlisle, PA 17013 (Also served via Hand Delivery) 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 4 Richard F. Rinaldo, Esquire Williams Coulson, LLC 16�' Floor, One Gateway Center Pittsburgh, PA 15222 Ms. Linda M. Mumma, P.O. Box 304 . Bethesda, M 08 l � - � �r ��_ - -- ,, Robert B. Eyre Counsel for App ant Robert M. Mumma, II 5