HomeMy WebLinkAbout04-17-89
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
BARBARA McK. MUMMA and LISA M.
MORGAN, Individually and as
Executors of the ESTATE OF
ROBERT M. MUMMA, Deceased
Plaintiffs,
v.
ROBERT M. MUMMA, II, BARBARA M.
McCLURE and LINDA M. ROTH,
NO. 21-86-398
Defendants.
STATEMENT OF MATTERS COMPLAINED OF
Appellant Robert M. Mumma, II submits this Concise
Statement of Matters Complained of and Intended To Be Argued on
Appeal, pursuant to C.C.R.P. 21, 925-1.
I. Whether the Orphans' Court, in denying Robert M. Mumma, II's
preliminary objections to the court's jurisdiction to hear
the plaintiffs' petition for declaratory judgment, committed
legal error through the following:
A. Its holding that there is jurisdiction in this matter
under the Declaratory Judgment Act without the
appointment of a guardian and trustee ad litem to
represent the interests of all minor, unborn and
unascertained beneficiaries.
503
B. Its holding that the action for declaratory judgment
presented an actual and imminent controversy before the
court which was ripe for adjudication.
C. Its holding that it could address the issues raised in
the petition for declaratory judgment without first
having before it an Account of the Executors of the
Estate and Trusts.
II. Whether the Orphans' Court, in granting the petition for
declaratory judgment, committed legal error through the
following:
A. Its holding that the language of Article THIRTEENTH of
the Decedent's Will is merely precatory and imposes no
enforceable restrictions on the power of the Trustees
to sell family businesses.
B. Its holding that Article THIRTEENTH does not require
the Trustees to retain the family businesses for the
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family's benefit, management and control unless it is
not expedient and not possible to retain the
businesses.
Respectfully submitted,
JAMES R. LEDWITH
Attorney No. 04484
JON A. BAUGHMAN
Attorney No 14043
ANTHONY VALE
Attorney No. 28134
Pepper, Hamilton & Scheetz
3000 Two Logan Square
Eighteenth & Arch Streets
Philadelphia, PA 19103-2799
JOHN B. FOWLER, III
Attorney No. 06273
Fowler, Adams, Shughart
28 South pitt Street
Carlisle, PA 17103
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& Rundle
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for Robert M. Mumma, II
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PROOF OF SERVICE
I, James R. Ledwith, hereby certify that I have this
17th day of April, caused to be served the foregoing Statement of
Matters Complained Of upon the following persons by first class
mail:
Thomas M. Kittredge, Esquire
Morgan, Lewis & Bockius
2000 One Logan Square
Philadelphia, PA 19103
William F. Martson, Esquire
Martson, Deardorff, Williams & Otto
10 East High Street
Carlisle, PA 17013
Richard W. Stevenson, Esquire
McNees, Wallace & Nurrick
100 Pine Street
Harrisburg, PA 17108
Linda M. Roth
5104 Wessburg Lane
Bethesda, MD 20814
Robert M. Frey, Esquire
5 South Hanover Street
Carlisle, PA 17013
Attorney General
Commonwealth of Pennsylvania
Strawberry Square
Harrisburg, PA 17120
By hand delivery:
Honorable Harold E. Sheely,
Orphans' Court Division
Court of Common Pleas
of Cumberland County
P.J.
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t .ISTER OP WILLS OF CUMBERLA"" ';OU"TY
REPORT OF STATUS OP ADMlJlJSTRA110N
(Por Resident Decedents Dyinc After July 1. 1984)
ESTATE NO. 21-~- 398
RECORDED-DFF::I
REGISTEr iF
Name of Decedent: Robert M. Mumma
Social Security Account No.: 195-07-1889
"89 APR 17 All: 13
CLERK-ORHi!\li'o ie..,
CUMBERLAND CO..l'i,
Date of Death: April 12. 1986
Name of Personal Representative(s):
Barbara McK. Mumma
Lisa M. Morgan
Capacity
(check one)
Executor
Administrator
x
Administra tor c. t.a.
Administrator d.b.n.
Is the administration of the estate complete?
Yes
No
x
If "yes", how was the administration ended? (check one)
By court accounting
By account sta ted to parties in interest
Did the parties release the
personal representative?
Other (explain)
Total amount paid to date to creditors and for funeral and
administrative expense
$ 232,000
Total value of distributions 10 date to beneficiaries in excess
*
$7 ,500,000
If administration is nol complete, estimated value of assetsin excess $ 2,000,000
still in administration
* based on inheritance tax values
"OTE: This status report is due no later than the due date fur filing the Pennsylvania
Inheritance Tax Return or. if no Inheritanee Tax Retum is required, nine (9) months
after the date of death; if the administration of the estate haS not been concluded,
a summary report shall be filed annually thereafter until the administration is complete.
Dale: April
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I certify under penalty of perjury that the foregoing
best of my knowledge, information and belief.
, Personal Representative
Arthur L. Klein ,A ttorney for Estate
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'Ibis report must be signed by the personal representative. or one of them when more
than one. or by counsel for the estate.
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