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Home My WebLink About14-7108 F.\FILES\Clients\5844 Mumma Estate\5844.19 Accounts and Distribution Trusts\5844.19. raeci a to enter judgment.wpd r l—.-""~S'° f'•' Ivo V. Otto III; Esquire t t s I.D. No. 27763 D.LE George B. Faller Jr., Esquire C U[J B c 1 iL r'*, 0 COUNTY I.D. No. 49813 PENNSYLVA f'!! MARTSON LAW OFFICES 10 East High Street, Carlisle, PA 17013 (717) 243-3341 Attorneys for Lisa Morgan, Co-Executrix and Co-Trustee Under the Last Will of Robert M. Mumma. LISA MORGAN, Surviving Co-Executrix IN THE COURT OF COMMON PLEAS OF and Co-Trustee under the Last Will of CUMBERLAND COUNTY, PENNSYLVANIA Robert M. Mumma, deceased, Plaintiff V. : NO: 2014 - ROBERT M. MUMMA Il, Defendant PRAECIPE To the Prothonotary: Pursuant to the Order of the Honorable J. Wesley Oler, Jr., dated June 30, 2014, (attached as Exhibit "A"), please enter judgment against Robert M. Mumma, II, in the amount of $521,160.21, which final Order has not been appealed. MARTSON LAW OFFICES By: Ivo III, Esquire S �;I` George B. Faller Jr., Esquire 3 4 P / 10 East High Street Carlisle, PA 17013 (717) 243-3341 ►� v/`/y �'� Attorneys for Lisa Morgan, surviving Co-executrix and Co-Trustee under the Last Will of Robert M. Mumma IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF ROBERT M. MUMMA, CUMBERLAND COUNTY, PENNSYLVANIA DECEASED. 21-86-398 ORPHANS' COURT DIVISION IN RE: ASSESSMENT OF ATTORNEY'S FEES AND COSTS RELATED TO AUDITOR'S PROCEEDING ORDER OF COURT AND NOW, this 301h day of June, 2014, upon consideration of the issue of attorney's fees and costs related to the proceedings before Auditor Joseph D. Buckley, Esquire, in the above estate, and following a hearing held on June 25, 2014, in accordance with the auditor's report and recommendations dated August 7, 2013, and the Court finding that the fees for Morgan, Lewis & Bockius, LLP, in the amount of $690,129.00, and the Martson Law Offices in the amount of$218,790.75 were fair, reasonable and necessary given the complexity and size of the estate herein, and finding that the auditor's costs were $133,400.67, and the Court being in agreement with the auditor's recommendation that 50% of the attorney's fees of the estate/trusts and 50% of the auditor's costs should be borne by Robert M. Mumma, II, it is ordered and directed that Robert M. Mumma, II, shall be responsible for 50% of the said attorney's fees and auditor's costs, in the total amount of$521,160.21 and shall remit the same within 30 days of the date of this Order. _, o t-:- 0 s :�Zj Fri 71 CD 3 CJ TRUE COPY FROM RECORD "� ►-) -- � In Testimony whereof,I here unto set M hand r—A cn o d tnh al of sal urt at Aisle,PaA20P r\.) h `' day of Register o wills&Cler of Orphans'Court Cumberland County NOTHING HEREIN is intended to limit the share of the balance of such attorney's fees and auditor's costs that would otherwise be incurred by the said Robert M. Mumma, II, in common with the other beneficiaries in his capacity as a beneficiary of the estate/trusts. By the Court, Ivegley O , Jr., S.J. Anthony L. DeLuca, Esquire 113 Front Street Boiling Springs, PA 17007 Auditor Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 Former Auditor Shaun E. O'Toole, Esquire 220 Pine Street Harrisburg, PA 17101 Attorney for Robert M. Mumma, II Ivo V. Otto, III, Esquire George B. Faller, Jr., Esquire 10 East High Street Carlisle, PA 17013 Attorneys for Lisa M. Morgan Brady L. Green, Esquire Wilbraham, Lawler & Buba, P.C. 1818 Market Street, Floor 31 Philadelphia, PA 19103-3654 Attorney for Lisa M. Morgan and Estate of Barbara McK. Mumma Richard F. Rinaldo, Esquire One Gateway Center, 16th Floor Pittsburgh, PA 15222 Attorney for Barbara M. Mumma Linda M. Mumma P. O. Box 30436 Bethesda, MD 20824 Court Administrator bas CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle,PA, first class mail, postage prepaid, addressed as follows: Robert M. Mumma II P.O. Box F Grantham, PA 17027 MARTSON LAW OFFICES ABy 9VUIC't'� qeary M. Price n East High Street Carlisle, PA 17013 (717) 243-3341 Dated: F:\FILES\Clients\5844 Mumma Estate \5844.19 Accounts and Distribution Trusts \5844.19. 2014-7108 Judgment\5844.19.praecipe.wpd Ivo V. Otto III, Esquire I.D. No. 27763 George B. Faller Jr., Esquire I.D. No. 49813 MARTSON LAW OFFICES 10 East High Street, Carlisle, PA 17013 (717) 243-3341 Attorneys for Lisa Morgan, Co -Executrix and Co -Trustee Under the Last Will of Robert M. Mumma. "' DEC 22 PFi 14: CUMBERLAND CullN f PENNSYLVANIA LISA MORGAN, Surviving Co -Executrix and Co -Trustee under the Last Will of Robert M. Mumma, deceased, Plaintiff v. ROBERT M. MUMMA II, Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 2014 - 7108 PRAECIPE Please file the attached Amended Certificate of Service with the Praecipe entering Judgment on Mr. Mumma dated December 9, 2014. Date: December 22, 2014 MARTSON L W OFFICES By: Ivo V. Ott• III, Esquire George B. Faller Jr., Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Lisa Morgan, surviving Co -executrix and Co -Trustee under the Last Will of Robert M. Mumma AMENDED CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, via certified mail, return receipt requested, addressed as follows: Robert M. Mumma II 6880 S.E. Harbor Circle Stuart, FL 34996 MARTSON LAW OFFICES Dated: December 22, 2014 ricia .. ckenroad Ten East igh Street Carlisle, PA 17013 (717) 243-3341 IN THE COURT OF COMMOMN PLEAS CUMBERLAND COUNTY PENNSYLVANIA USA MORGAN, Surviving Co -Executrix and Co - Trustee under the Last Will of Robert M. Mumma, deceased Plaintiff vs. Robert M. Mumma, II Defendant NO: 2014 - 7108 Civil NOTICE OF REMOVAL TO THE PROTHONOTARY: Notice of Removal to the United States District Court for the Middle District of Pennsylvania. 1. By filing of this Notice with the Prothonotary of this State Court, together with the attached and corresponding Notice of Removal these state proceedings are now REMOVED, by automatic operation of federal law, and this Defendant now formerly notifies the Court and all parties of the same fact. 'V<>" 2. This case is now removed, the instant Court is without jurisdiction to effect any judgment in these proceedings, under 28 U.S.C. 1446 (c) (3). WHEREFORE, the undersigned Robert M. Mumma, II notifies the Court and all other parties that this cause is now removed, that this Court has absolutely no jurisdiction for any judgment in this cause. Respectfully Submitted, Robert M. Mumma, II 6880 S E Harbor Circle Stuart ,Florida 717 448 1127 Mailing address at Box F Grantham, PA 17027 VERIFICATION I, Robert M. Mumma, II , verify that the statements made in the foregoing Notice of Removal are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. Sec. 4904 relating to unsworn falsification to authorities. Date: 1/6 Robert M. Mumma, II CERTIFICATE OF SERVICE I, Robert M. Mumma II, hereby certify that I served the foregoing Notice of removal upon all counselors of record by sending copies of said Notice to the following via postage -prepaid, first-class, U.S. Mail: Ivo V. Otto, III, Esquire Martson Law Offices Ten East High Street Carlisle, PA 17013 C: 214 Date Robert M. Mumma II IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA LISA MORGAN, Surviving Co -Executrix and Co - Trustee under the Last Will of Robert M. Mumma, deceased Plaintiff vs. Robert M. Mumma, 11 Defendant TO THE CLERK OF COURTS: NO: 2014 - 7108 Civil NOTICE OF REMOVAL Defendant Robert M. Mumma, II files this Notice of Removal and in support thereof alleges, states and provides the following: On or about December 19, 2014 Defendant received a letter from David D. Buell, Prothonotary of the Cumberland County Court indicating that a judgment had been filed against him at NO: 2014-7108 Civil. (Exhibit 1 attached hereto). 2. The Defendant is a citizen of the State of Florida and resides at 6880 S E Harbor Circle, Stuart, Florida. 3. Plaintiff Lisa Morgan, Co-Executrix of the Estate and Trustee under the Will of Robert M. Mumma is for purposes of NO: 2014-7108 Civil a citizen of Pennsylvania acting as a personal representative of a Pennsylvania estate. 4. Diversity of citizenship exists and the amount in controversy exceeds $75,000. 5. The above action is a civil action over which this Court has original jurisdiction under the provisions of 28 U.S.C. 1332 as a suit where the matter in controversy exceeds $75,000 and is between citizens of different states and accordingly, is removable to this Court pursuant to the provisions of 28 U.S.C. 1441 (a). 6. In addition Defendant has counterclaims and defenses against Plaintiff Morgan Co-Executrix and Co-Trustee under the Will of Robert M. Mumma under 28 U.S.C. 1331 covering federal question jurisdiction. Accordingly, the above action would be removable under 28 U.S.C. 1441 (b). 7. This Notice of Removal is filed pursuant to 28 U.S.C. 1446 and within thirty days of the receipt of the filing of the complaint (Exhibit #1) therefore allowing Defendant Robert M. Mumma, II to remove this case in a timely manner to federal court. WHEREFORE, Defendant Robert M. Mumma, II requests that this case proceed in the United States District Court for the Middle District of Pennsylvania. January 6, 2015 Respectfully Submitted, obert M. Mumma, II 6880 S E Harbor Circle Stuart, Florida 34996 717 448 1127 Office of the Prothonotary Cumberland County One Courthouse Square Suite 100 Carlisle, PA 17013 (717) 240-6195 DAVID D. BUELL PROTHONOTARY In accordance with Rule 236 of the Pennsylvania Supreme Court, this is to notify you that the following judgment was entered against you in this office. Plaintiff: Lisa Morgan, Survining Co -Executrix and Co -Trustee under the Last Will of Roert M. Mumma, deceased, Defendant: Robert M. Mumma 11 Docket Number: 14-7108 Civil Term id D. Buell, Prothonot F:lFILESTlients'.5844 Mumma Estatel5844.19 Accounts and Distribution TtustalS844.19.prsecipe to enterjudgment.wpd Ivo V. Otto •III, Esquire I.D. No. 27763 George B. Faller Jr., Esquire I.D. No. 49813 MARTSON LAW OFFICES 10 East High Street, Carlisle, PA 17013 (717) 243-3341 Attorneys for Lisa Morgan, Co -Executrix and Co -Trustee Under the Last Will of Robert M. Mumma. • "t.i Iw 3 13`i::, Z,A DEC -9 PH 3: 5 CUMBERLAND C C; UNf i i PENNSYLVANIA LISA MORGAN, Surviving Co -Executrix : IN THE COURT OF COMMON .PLEAS OF and Co -Trustee under the Last Will of Robert M. Mumma, deceased, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v.: NO: 2014 - (! ROBERT M. MUMMA II, Defendant To the Prothonotary: • PRAECIPE Pursuant to the Order of the Honorable J. Wesley Oler, Jr., dated June 30, 2014, (attached as Exhibit "A"), please enter judgment against Robert M. Mumma, II, in the amount of $521,160.21, which final Order has not been appealed. MARTSON LAW OFFICES By: Ivo ' • .1 III, Esquire George B. Faller Jr., Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Lisa Morgan, surviving Co -executrix and Co -Trustee under the Last Will of Robert M. Mumma IN RE: ESTATE OF ROBERT M. MUMMA, DECEASED : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 21-86-398 ORPHANS' COURT DIVISION IN RE: ASSESSMENT OF ATTORNEY'S FEES AND COSTS RELATED TO AUDITOR'S PROCEEDING ORDER OF COURT AND NOW, this 30th day of June, 2014, upon consideration of the issue of attorney's fees and costs related to the proceedings before Auditor Joseph D. Buckley,. Esquire, in the above estate, and following a hearing held on June 25, 2014, in accordance with the auditor's report and recommendations dated August 7, 2013, and the Court finding that the fees for Morgan, Lewis & Bockius, LLP, in the amount of $690,129.00, and the Martson Law Offices in the amount of $218,790.75 were fair, reasonable and necessary given the complexity and size of the estate herein, and finding that the auditor's costs were $133,400.67, and the Court being in agreement with the auditor's recommendation that 50% of the attorney's fees of the estate/trusts and 50% of the auditor's costs should be borne by Robert M. Mumma, II, it is ordered and directed that Robert M. Mumma, II, shall be responsible for 50% of the said attorney's fees and auditor's costs, in the total amount of $521,160.21 and shall remit the same within 30 days of the date of this Order. TRUE COPY FROM RECORD In Testimony whereof, I here unto set My hand %of said -Court at Carlisle, Pa. �daYof! `0 `'. ' 20 ` ,` C•4pegister o WNIs & Oe Eof Orphans' Court Cumberland County NOTHING HEREIN is intended to limit the share of the balance of such attorney's fees and auditor's costs that would otherwise be incurred by the said Robert M. Mumma, 11, in common with the other beneficiaries in his capacity as a beneficiary of the estate/trusts. By tho Anthony L. DeLuca, Esquire 113 Front Street Boiling Springs, PA 17007 Auditor Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 Former Auditor Shaun E. O'Toole, Esquire 220 Pine Street Harrisburg, PA 17101 Attorney for Robert M. Mumma, 11 Ivo V. Otto, 111, Esquire George B. Faller, Jr., Esquire 10 East High Street Carlisle, PA 17013 Attorneys for Lisa M. Morgan Brady L Green, Esquire Wilbraham, Lawler & Buba, P.C. 1818 Market Street, Floor 31 Philadelphia, PA 19103-3654 Attorney for Lisa M. Morgan and Estate of Barbara McK. Mumma Richard F. Rinaldo, Esquire One Gateway Center, 16th Floor Pittsburgh, PA 15222 Attorney for 'Barbara M. Mumma Linda M. Mumma P. 0. Box 30436 Bethesda, MD 20824 Court Administrator bas CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Manson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Robert M. Munnna II P.O. Box F Grantham, PA 17027 MARTSON LAW OFFICES By Dated: /02, G:).44& ary M. Price en East High Street Carlisle, PA 17013 (717) 243-3341