HomeMy WebLinkAbout01-30-15 Ivo V. Otto, III, Esquire ���
I.D. No. 27763 � � � m
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George B. Faller, Jr., Esquire ��=; =3 ; �� �
I.D. No. 49813 r���' �'� � � "�'' '�'
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MARTSON LAW OFFICES � : �� � °�1
10 East High Street � �
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Carlisle, PA 17013 ' `' ' ''
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(717) 243-3341 �" = ��'�
Attorneys far Lisa M. Morgan, Co-Executrix and , � c�- j�'�'
Co-Trustee Under the Will of Robert M. Mumma co v' -`i
: IN THE COURT OF COMMON PLEAS OF
IN RE: : CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Robert M. Mumma, Deceased. :
: N0. 21-86-398
: ORPHANS COURT DIVISION
MOTION OF LISA M. MORGAN TO DISMISS OBJECTIONS OF
ROBERT M. MUMMA, II TO ACCOUNTS FOR MARITAL TRUST
FOR PERIOD FROM JULY 18,2010 THROUGH DECEMBER 31, 2012
Lisa M. Morgan ("Lisa"), as trustee of the Marital and Residuary Trusts established
pursuant to the will of her late father, Robert M. Mumma, Sr. ("Mr. Mumma, Sr."), respectfully
moves as follows for dismissal of objections filed by Robert M. Mumma, II ("Robert II") to
accounts filed by Lisa with respect to her actions as trustee during the period from July 18, 2010
through December 31, 2012 (the "Accounts"):
1. Pursuant to this Court's November 7, 2013, Order referring Robert II's objections to
the Accounts to him for a hearing and report, Auditor Anthony L. DeLuca held hearings on
September 29 and September 30, 2014.�
2. At the conclusion of the hearings, Auditor DeLuca stated that he wanted to receive
proposed findings of fact and conclusions of law from the parties. It was agreed that within 30
days of the receipt of the transcript that Mrs. Morgan would submit proposed findings of fact and
conclusions of law with respect to professional fees, and that Mr. Mumma, II would on that same
schedule file proposed findings of fact and conclusions of law on all other issues. Each party
' Robert II is the only objector to the Accounts.
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would then have 30 days in which to file responsive proposed findings of fact and conclusions of
law. (N.T. at 401-02).
3. The court reporter sent the transcript of the second session of the hearing to counsel on
October 16, 2014.
4. On November 10, 2014, Lisa filed proposed findings and conclusions regarding the
reasonableness of professional fees paid by the Trusts during the period covered by the accounts.
5. As of now, Robert II has filed neither proposed findings and conclusions as to issues
other than the reasonableness of professional fees paid by the Trusts nor responsive proposed
findings and conclusions regarding the reasonableness of professional fees. Nor has he sought
an extension to file such documents.
6. Robert II's unexcused failure to comply with the instructions and time period
established by Auditor DeLuca regarding the filing of proposed findings and conclusions
constitutes an abandonment and/or waiver of his objections.
WHEREFORE, Lisa respectfully requests that the Court dismiss Robert II's objections to
and confirm the Accounts as filed.
Respect�ully s bmitted,
\ /
By:—�\,��)�'
Ivo V. Otto, III, Esquire
George B. Faller, Jr., Esquire
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 M. Morgan, Co-Executrix and
Co-Trustee Under the Will of Robert M. Mumma
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy &
Faller, hereby certify that a copy of the foregoing Motion was served this date by depositing same
in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Richard F. Rinaldo, Esquire
Williams Coulson Johnson Lloyd Parker& Tedesco, LLC
One Gateway Center, 16"'Floor
Pittsburgh, PA 15222
Ms. Linda M. Mumma
P.O. Box 70
Mechanicsburg, PA 17055
Anthony L. DeLuca, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
Mr. Robert M. Mumma, II
Box F
Grantham, PA 17027
MARTSON LAW OFFICES
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Tricia . c e oad
en East High Street
Carlisle, PA 17013
(717) 243-3341
Date: January 30, 2014
F:�FILES\Clients\5844 Mumma Estate\5844.19 Accounts and Distribution Trusts\5844.19.cos.wpd