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Home My WebLink About08-17-89 IN THE ESTATE OF ROBERT M. MUMMA, DECEASED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-86-398 ANSWER OF GUARDIAN AD LITEM IN OPPOSITION TO PETITION OF ROBERT M. MUMMA. II AND NOW comes Robert M. Frey, Guardian ad litem for the minor children of Robert M. Mumma, II, and respectfully states as follows: 1. Petitioner's paragraph 1 is admitted. 2. Petitioner's paragraph 2 is admitted. 3. Petitioner's paragraph 3 is admitted. 4. Petitioner's paragraph 4 is admitted. 5. Admitted in part; denied in part. Petitioner's paragraph 5 is admitted with the exception that one of the daughters named in the Will is Linda M. Roth rather than Linda M. Ross. 6. Petitioner's paragraph 6 is admitted. 7. Petitioner's paragraph 6 is admitted. 8. Denied. The Guardian ad litem is without knowledge or information sufficient to form a belief as to the truth thereof. Strict proof is demanded. 9. Admitted in part; denied in part. Petitioner's allegation that he executed a disclaimer which was fIled with the Clerk of the Orphans' Court Division is admitted. The Guardian ad litem is without knowledge or information sufficient to form a belief as to the truth of the allegation as to Petitioner's motivation in executing said Disclaimer and of the information which Petitioner may have been given. Strict proof of these matters is demanded. 10. Denied. The Guardian ad litem is without knowledge or information sufficient to form a belief as to the truth thereof. Petitioner having failed to aver by whom the estimates were made, on what information the estimates were based, and for what effective date the estimates were made, the Guardian ad litem is without sufficient information to investigate said estimates. By way of further answer, the implication of Petitioner's averment that the December 1986 estimate of the value of the Estate was fraudulent because of the existence of different estimates of value is denied. Strict proof is demanded. ;",. ;;, () I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. ~ 4904 relating to unsworn falsification to authorities. Dated: August 17, 1989 - t2.~ 1-. hi Robert M. Frey S.::J./ IN THE ESTATE OF ROBERT M. MUMMA, DECEASED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DlVISION NO. 21-86-398 CERTIFICATE OF SERVICE I, Robert M. Frey, Esquire, do hereby certify that a copy of the foregoing Answer was served upon the following individuals on the date below by placing same in the United States Mail, postage prepaid, first class, Carlisle, Pennsylvania addressed as follows: James R. Ledwith, Esquire 3000 Two Logan Square 18th and Arch Streets Philadelphia, PA 19103-2799 Jon A. Baughman, Esquire 3000 Two Logan Square 18th and Arch Streets Philadelphia, PA 19103-2799 Anthony Vale, Esquire 3000 Two Logan Square 18th and Arch Streets Philadelphia, PA 19103-2799 John B. Fowler, III, Esquire 28 South Pitt Street P. O. Box 208 Carlisle, PA 17013 Thomas M. Kittredge, Esquire 2000 One Logan Square Philadelphia, PA 19103 William F. Mattson, Esquire 10 East High Street Carlisle, P A 17013 Richard W. Stevenson, Esquire P. O. Box 1166 Harrisburg, PA 17108 ; ~-', q' !~;.)_: ."""": 11. Denied. The Guardian ad litem is without knowledge or information sufficient to form a belief as to the truth thereof. Petitioner having failed to aver with specificity the nature and form of any fraudulent inducement or by whom or for whom any fraudulent inducement was made, the Guardian ad litem is without sufficient information to investigate said inducement. Strict proof is demanded. 12. Denied. It is denied that Petitioner has adequately pleaded any fraudulent inducement. Furthermore, the averment that the decision in Dav's Estate. 22 Fiduciary Rep. 662 (Delaware County, 1972) authorizes the revocation of Petitioner's Disclaimer contains no averment of facts and is a conclusion of law for which no response is required. 13. Admitted in part; denied in part. It is admitted that Robert Mumma, the Testator, included the Petitioner as one of the residuary beneficiaries of trust created in his Will. It is denied that reason does not exist for demanding that Petitioner's renunciation be enforced. Petitioner's Disclaimer was a completed act based upon and authorized by the Internal Revenue Code of the United States and upon the Probate, Estates, and Fiduciaries Code of the Commonwealth of Pennsylvania and should continue to be effective. Petitioner's proposed renunciation of his Disclaimer would have the effect of revoking a completed gift and divesting from his minor children their vested beneficial interest in the trusts of Robert Mumma. Furthermore, Petitioner's Disclaimer states on its face that Petitioner for himself as well as for his successors and assigns intended to be legally bound thereby absolutely and irrevocably. The averment that the decision in Zt<vJ) Estate. 4 Fiduciary Rep.2d 281 (Montgomery County, 1984) authorizes the revocation of Petitioner's Disclaimer contains no averment of facts and is a conclusion of law for which no response is required. WHEREFORE, Robert M. Frey, Guardian ad litem for the minor children of Robert M. Mumma, II, respectfully requests that Your Honorable Court deny the request of Robert M. Mumma, II, Petitioner, for the revocation of his Disclaimer filed in the above-captioned matter. Respectfully submitted, r~--4. 1-.. Robert M. Frey, Esquire \ Guardian ad litem for the minor children of Robert M. Mumma, II 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 .:;~..; Date: August 17, 1989 Linda M. Roth, Esquire 5104 Wessburg Lane Bethesda, MD 20814 William C. 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