The URL can be used to link to this page

Home My WebLink About06-20-89 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION Estate of Robert M. Mumma, Deceased No. 21-86-398 RULE TO SHOW CAUSE c7!o .~ Of~ 1989, upon AND NOW this day consideration of this PETITION OF ROBERT M. MUMMA, II, TO REVOKE I DISCLAIMER, a Rule is hereby issued upon the Estate of Robert M. Mumma, Deceased, to show cause, if any it has,1 why the relief requested herein should not returnable on ~~ ~ t7 be granted. Said Rule ,1989, at/;30 ~. in shall be Courtroom No. / i , Cumberland County Courthouse, Carliste, Pennsylvania. BY THE COURT: : H I '-~ >~ ;Y v t ,,;r 'I,,"' ... .....- COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION Estate of Robert M. Mumma, Deceased No. 21-86-398 PETITION OF ROBERT M. MUMMA, II, TO REVOKE DISCLAIMER I AND NOW comes the Petitioner, Robert M. Mumma, II, by and through his attorney, William C. I Ko11as, Esquire, and respectfully represents as follows in support of 'this Petition: 1. Petitioner, Robert M. Mumma, II, is an adult surviving child of Robert M. Mumma, Deceased ("the Testator"), whose estate ("the Estate") is presently the subject of the above- captioned matter. 2. The Testator died on April 12, 1986, leaving a last Will and Testament dated May 19, 1982, with a Codicil thereto dated October 12, 1984 ("the Will"). 3. The Testator was survived by his wife, Barbara McK. Mumma, and all four of his children, Petitioner, Barbara M. McClure, Linda M. Ross and Lisa Mumma Morgan. 1 :_' ; l 4. Under Article Seventh of the Will, the Testator bequeathed to his testamentary trustees an amount equal to fifty percent ( 50%) of his total gross estate to be held in trust exclusively for the benefit of his said wife during her lifetime. 5. Under Article Seventh of the Will, the Testator further directed that upon the death of his wife, "the pirincipal of this Trust, as it is then constituted, shall be ~aid over by my surviving trustee unto my children, Robert M. Mumma, II, Barbara M. McClure, Linda M. Ross and Lisa M. Mumma, free of trust, share and share alike, per stirpes and not per capita." 6. Under Article Eighth of the Will, the Testator gave his residuary estate to his testamentary trustees to be held in trust , exclusively for the benefit of his wife during her lifetime. 7. Under Article Eighth of the Will, the Testator further directed that upon the death of his wife, "the principal of this , i trust, as it is then constituted, . shall be paid over by my surviving children, \ trustee unto my Robert M. Mumma, II, Barbara M. McClure, Linda M. Ross and Lisa M. Mumma, share and share alike, per stirpes and not per capita." 2 C;) r:', - ,~ 8. At a conference in Philadelphia in or about December 1986, Arthur L. Klein, Esquire, attorney for the 'Estate, informed I the beneficiaries that the estimated value of said Estate was approximately Nine (9) Million Dollars. 9. Based in part on this representation by Mr. I Klein, Petitioner executed a Disclaimer to the Will, pu~suant to Section 6201 of the Pennsylvania Probate, Estates and Fi~uciary Code (20 Pa.C.S.A. 6201 et seq.), on or about January 6, 1987, which Disclaimer was filed with the Clerk of the Orphan's Court Division of Your Honorable Court on or about January 12, 1987. A copy of said Disclaimer is marked Exhibit" A" and attached hereto. 10. Subsequent to the execution and filing of the Disclaimer, Petitioner has learned through related litigation I that the actual estimated value of said Estate is between Forty I (40) and Seventy (70) Million Dollars. 11. Petitioner believes, and therefore avers, that he was fraudulently induced to disclaim his bequest under the Will. 12. Based on this fraudulent inducement, Peti tioner now respectfully requests that Your Honorable Court permit him to 3 ~/b revoke the Disclaimer. See Day's Estate (Delaware Co.), 22 Fiduc.Rep. 662 (1972). 13. Even absent any finding of fraud, Petitioner i respectfully submits that there is no reason to deny him the " opportunity to revoke the Disclaimer prior to the settlement of the Estate because the Testator, in his Will, clearly intended to make Petitioner a beneficiary of his Estate. See Zepp Estate (Montgomery Co.), 4 Fiduc.Rep.2d 281 (1984). WHEREFORE, Peti tioner , Robert M. Mummp, I I, based on the foregoing, respectfully requests that Your Honorable Court grant him permission to revoke the Disclaimer filed in the above- captioned matter. RESPECTFULLY SUBMITTED: ~ William C. Kollas, Esquire KOLLAS, COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, PA 17043 I Phone: (717) 761-2121 . ATTORNEY FOR PETITIONER I , 4 c::' /....1 .;} I ,:' COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION I , Deceased I \ Estate of Robert M. Mumma, No. 21-86-398 VERIFICATION I, Robert M. Mumma, II, do hereby verify that the statements made in the foregoing PETITION are true and correct to the best of my information and belief. I underStand that false statements made herein are subject to the penal ties at 18 Pa.C.S.A. 4904 relating to unsworn falsification 'to authorities. 1ifIjJ{~~r~ I DATED: ~~ fgtB Jt.. ; \:.: -', COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION Estate of Robert M. Mumma, Deceased No. 21-86-398 CERTIFICATE OF SERVICE I, William C. Kallas, Esquire, do hereby certify that a copy of the foregoing PETITION was served upon the following individuals on the date below by placing same in the United States Mail, postage prepaid, first class, Lemoyne, pennsylvania addressed as follows: Arthur L. Klein, Esquire 200 One Logan Square Philadelphia, PA 19103 Barbara McK. Mumma c/o pennsy Supply, Inc. P. O. Box 3331 Harrisburg, PA 17105 Barbara M. McClure 129 Lewisberry Road Mechanicsburg, PA 17055 Linda M. Roth 5104 Wessling Lane Bethesda, MD 20814 Lisa Mumma Morgan c/o pennsy Supply, Inc. P. O. Box 3331 Harrisburg, PA 17105 -z~/ fi (!ffi-- W11liam C. Kallas, Esquire DATED: ~-L-~7 >,t:) )'1' , , ~~ L'- '"~ '...... ~. (....>~ c.;'-:;, ~;:'" C)...n- (1':',_- 00 Qu) 't}.c;:. - ..- ~ c--l p... ~ ~ ~ ~ =:.0 ,0l0 :1'<< '~-' "c;:. "0 v..! , <p 'ti~ u;::> -,Q Q IN THE ESTATE OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ROBERT M. MUMMA, DECEASED NO. 21-86-398 RULE WE COMMAND, YOU THAT LAYING ASIDE ALL BUSINESS AND EXCUSES whatsoever, you be and appear in your proper person before the Honorable Judges of the Common Pleas Court, Orphans' Court Division at a session of the said said Court there to be held, for the County of Cumberland to show cause why jf any it has, why the relief requested herein should not be granted. Said Rule shall be returnable on August 28. 1989, at 1:30 P.M., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. Witness my hand and official seal of office at Carlisle, Pennsylvania this 20th day of June, 1989. . /7}~ C>. ~tk.. n" ,fA~J.~ . . , I ~1ary . Lew1 s - Clerk of Orphans'Court Division Cumberland County Carlisle,Penna. ,t~