HomeMy WebLinkAbout07-18-14 (2) ;..,a
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Ivo V. Otto III, Esquire '-
LD.No. 27763 ��;- � ��-'F ��
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George B. Faller Jr., Esquire �' � _
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I.D.No. 49813 n�"'� :.�. _- ��-E
Katie J. Maxwell, Esquire �`� � �- - �T
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I.D. No. 206018 :a — `"�
MARTSON LAW OFFICES "`'
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Lisa Morgan, Co-Executrix and
Co-Trustee Under the Will of Robert M. Mumma
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,PENNSYLVANIA
IN RE ESTATE OF . ORPHANS' COURT DIVISION
ROBERT M. MUMMA, •
Deceased. . N0. 21-86-398
ANSWER WITH NEW MATTER OF LISA M. MORGAN TO
MOTION OF BARBARA M. MUMMA PURSUANT TO 20 Pa. C.S. § 3511
FOR AN ORDER THAT THE ACCOUNTS FILED BY THE TRUSTEE,
LISA M. MORGAN, IN THE ABOVE-CAPTIONED MATTER FOR THE
PERIOD JULY 18,2010 THROUGH DECEMBER 31,2012
BE EXAMINED AND AUDITED BY THE COURT ITSELF IN THE FIRST
INSTANCE AND NOT BY THE NEWLY-APPOINTED AUDITOR
AND NOW, comes Lisa M. Morgan ("Lisa"), as trustee of the Residuary Trust
established pursuant to the will of her late father, Robert M. Mumma, Sr. ("Mr. Mumma, Sr."),
answers the Motion of Barbara M. Mumma Pursutant to 20 Pa. C. S. § 3511 For An Order That
The Accounts Filed By The Trustee, Lisa M. Morgan, In The Above Captioned Matter For The
Period July 18, 2010 Through December 31, 2012 Be Examined And Audited By The Court
Itself In The First Instance, And Not By The Newly-Appointed Auditor, (the "Motion"), as
follows:
1-12. Admitted.
1 � .
13. Admitted in part, denied in part. It is admitted that the Court of Common Pleas of
Cumberland County has "published" Local Rules regulating practice therein entitled
"Cumberland County Orphans' Court Rules" which may be cited as "C.C.O.C.R.". It is denied
that the Court of Common Pleas of Cumberland County has a "separate" Orphan's Court
Division.'
13. (erroneous duplicate number in Motion). Admitted; however, it is denied that such
provision is applicable in this instance.
14. Admitted.
15 - 19. No response required.
NEW MATTER
By way of new matter to the Motion, Lisa avers as follows:
20. In response to filing of the Motion, the Court issued a Rule dated June 26`", 2014,
returnable 20 days from the date of the Order.
21. The order was received by Lisa's counsel by mail on June 30, 2014.
WHEREFORE, Lisa expresses no position on the matter of whether Court chooses, in its
discretion, to grant the prayer of the Motion. In any event, Lisa believe the purported legal basis
for the prayer of the Motion to be erroneous.
142 Pa.C.S.§951 provides for separate Orphans'Court Divisions for the Courts of Common Pleas of various
counties in the Commonwealth of Pennsylvania.Cumberland County is not among the counties enumerated.
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Respectfully submitted,
; ti
By: `'�, (
Ivo V. Otto III, Esquire
I.D.No. 27763
George B. Faller Jr., Esquire
I.D.No. 49813
Katie J. Maa�well, Esquire
I.D.No. 206018
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Brady L. Green, Esquire
Wilbraham, Lawler& Buba
1818 Market Street, 31 st Floor
Philadelphia, PA 19103
215.972.2860
Attorneys for Lisa Morgan, Co-Executrix and Co-
Trustee Under the Will of Robert M. Mumma.
Date: July 18, 2014
F:�FILES\Clients\5844 Mumma Estate\5844.19 Accounts and Distribution Trusts\5844.19201 Z Accounts\5844.19.Response ro Babs PetitionRemove Auditor.wpd
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CERTIFICATE OF SERVICE
I, hereby certify that a copy of the foregoing Response was served this date by e-mail
and depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid,
addressed as follows:
Shaun E. O'Toole, Esquire
220 Pine Street
Harrisburg, PA 17101
Richard F. Rinaldo, Esquire
Williams Coulson Johnson Lloyd Parker& Tedesco, LLC
16`h Floor, One Gateway Center 420 Fort Duquesne Blvd.
Pittsburgh, PA 15222
Linda M. Mumma
P.O. Box 70
Mechanicsburg, PA 17055
Pro Se
Anthony L. DeLuca, Esquire
113 Front Street
Boiling Springs, PA 17007
(Court Appointed Auditor)
MARTSON LAW OFFICES
\\
Ivo V. Otto III
10 East High Street
Carlisle, PA 17013
Dated: July 18, 2014 (717) 243-3341
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