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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
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RESIDUARY TRUST UNDER ) � � � " `� �
WILL OF ROBERT M. MUMMA, ) Number 21-86-039$� � � `f' ��' "
DECEASED ) � � • � �, `�; -`;
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OBJECTIONS TO ACCOUNT OF THE RESIDUARY T�RUS'�'
UNDER THE WILL OF ROBERT M. MUMMA DECEASED
Barbara M. Mumma, by her attorneys, hereby objects to the Account of the
Residuary Trust Under the Will of Robert M. Mumma, Deceased for the period
January 1, 2013 to December 31, 2013 and states as follows:
1. Objectant, Barbara M. Mumma, is an individual who resides in Ir-
vington, Virginia 22480. She is the daughter of the Decedent, Robert M. Mumma.
2. Objectant is a beneficiary entitled to twenty-five percent (25%) of the
remaining Trust assets.
3. The Trustees of the Trust were the Objectant's mother, Barbara McK.
Mumma, and Objectant's sister, Lisa M. Morgan. Barbara McK. Mumma died on
July 17, 2010, leaving Lisa M. Morgan as the sole remaining Trustee.
4. On or about March 9, 2004, the Trustees filed a prior accounting for
the period from April l, 1991, through December 31, 2003, known as the Second
and Interim Account (the "Prior Account").
5. Objectant filed objections (the "Prior Objections") to the Prior Ac-
count. Some of the Prior Objections have not been finally decided and the matter
is on appeal to the Superior Court of Pennsylvania at this time.
6. The ultimate disposition of the Prior Objections will have a direct im-
pact on this Account.
7. Objectant hereby incorporates and restates the pending Prior Objec-
tions as objections to this Account.
LEGAL FEES
8. As set forth in Schedule C, the Trustee seeks credit for legal fees in an
amount of approximately $210,636.08 to the law firms of Crary, Buchanan et al.;
Martson Deardoff Williams & Otto; Morgan Lewis & Bockius, Saul Ewing LLP
and Wilbraham, Lawler & Buba.
9. The legal fees are excessive and unreasonable in the aggregate.
10. Many of these legal fees are personal to the Trustee and/or represent
charges relative to the Prior Objections.
1l. The legal fees are further misallocated between the Residuary Trust
and the Marital Trust. The legal expenses in question involve both the Marital
Trust and the Residuary Trust, yet the Trustee has only allocated $15,447.58 to the
Marital Trust.
IMPROPER CALCULATION OF INCOME
12. The Trustee has improperly calculated the income of the Trust.
13. The Trustee has improperly considered taxable income of entities
owned by the Trust as accounting income.
14. The Trustee has failed to properly allocate expenses between income
and principal.
15. The Trustee has improperly allocated expenses between this Trust and
the Marital Trust.
16. The Trustee has improperly claimed as a liability an alleged loan pay-
able to the Marital Trust which appears to have resulted from prior improper allo-
cations of expenses between the Residuary Trust and the Marital Trust.
IMPROPER REFUSAL TO DISTRIBUTE
17. The Trustee has improperly refused to distribute the assets of the Re-
siduary Trust on the death of Barbara McK. Mumma in accordance with the ex-
press terms of the Will.
18. The balance of the Trust assets is properly distributable to the remain-
der beneficiaries as opposed to the Marital Trust or to the estate of the Decedent's
widow.
19. Objectant reserves the right to file additional Objections as needed
prior to trial.
WHEREFORE, Objectant respectfully requests that this Honorable Court
order discovery; conduct an evidentiary hearing to review the management of the
Trust; surcharge the Trustees for all improper expenditures made from the Trust;
and grant such other relief as the Court may deem necessary and appropriate under
the circumstances.
Respectfully submitted,
WILLIAMS COULSON JOHNSON
LLOYD PARKER & TEDESCO, LLC
Dated: August 23, 2014 � �
Richard F. Rinaldo (I.D. No. 33222)
16th Floor, One Gateway Center
420 Fort Duquesne Blvd.
Pittsburgh, PA 15222
412-454-0259
(rrinaldo@williamscoulson.com)
Attorneys for Barbara M. Mumma
Certificate of Service
I hereby certify that the Objections to the Residuary Trust under the Will of Robert
M. Mumma, Deceased was served this date by Federal Express, this 23rd day of
August, 2014, postage prepaid, and by e-mail on August 25, 2014 addressed as fol-
lows:
Ivo V. Otto, II, Esquire
Martson Law Offices
Martson Law Offices
10 East High Street
Carlisle, PA 17013
WILLIAMS COULSON JOHNSON
LLOYD PARK.ER & TEDESCO, LLC
� �
Richard F. Rinaldo (I.D. No. 33222)
16t" Floor, One Gateway Center
420 Fort Duquesne Blvd.
Pittsburgh, PA 15222
412-454-0259
(rrinaldo@williamscoulson.com)
Attorneys for Barbara M. Mumma