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HomeMy WebLinkAbout08-29-89 (2) " COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION RECOROfn.Cf'T'.' REGIS'f' '89 AUG 29 A 9 :08 NO. 21-86-398 rL:-;'\ l\'. ESTATE OF ROBERT M. MUMMA, DECEASEbJII~L!L ANSWER OF LINDA M. ROTH TO PETITION OF ROBERT M. MUMMA, II TO REVOKE DISCLAIMER Linda M. Roth hereby files the following Answer to the Petition of Robert M. Mumma, II to Revoke Disclaimer, in accordance with the numbered paragraphs thereof: 1. Admitted. 2. Admitted. 3. Denied to the extent that this paragraph states that "Linda M. Ross" rather than Linda M. Roth survived the testator. 4. The provisions of Robert M. Mumma's Will speak for themselves. 5. The provisions of Robert M. Mumma's Will speak for themselves. 6. The provisions of Robert M. Mumma's will speak for themselves. 7. The provisions of Robert M. Mumma's Will speak for themselves. 8. Denied as stated. In the weeks prior to the due date for filing the Federal estate and Pennsylvania inheritance tax L :' ) '6 " returns (January 12, 1987) Arthur L. Klein, Esq., in his capacity as counsel to Mr. Mumma's estate, discussed with Ms. Roth, the Executrixes, and other family members, including Robert M. Mumma, II, that based on preliminary indications from accountants and outside experts it appeared that the estimated date-of-death value, net of debts and expenses, of Mr. Mumma's estate would be at least $9,000,000. 9. It is denied that Arthur L. Klein, Esq., made any representation to anyone with respect to the value of Mr. Mumma's estate prior to the execution and filing of a Disclaimer by Robert M. Mumma, II. It is admitted that Robert M. Mumma, II, executed a Disclaimer and filed it with the Clerk of this Court on or about January 6, 1987. Ms. Roth denies that Exhibit A to the Petition is a copy of the Disclaimer, as no "Exhibit A" was attached to her copy of the Petition. 10. Denied as stated. Ms. Roth has no knowledge of what Robert M. Mumma, II, may have "learned" subsequent to his execution and filing of his Disclaimer. Mr. Mumma's estate, his widow and his children, inCluding Robert M. Mumma, II, received an offer from a third party more than a year and a half after Mr. Mumma's death to purchase certain business properties owned by all of them for a price of approximately $43,000,000 (the estate's share would be less than half the Offering price) subject. however, to various representations, warranties, escrow arrangements and other conditions and - 2 - ..~' ~:' ") .... \..' / restrictions which at the date hereof have not been finally agreed to, but which if finally agreed to would be offset to an undetermined extent the amount to be received by Mr. Mumma's estate. 11. Denied. Ms. Roth was informed by Robert M. Mumma, II when he signed and filed his Disclaimer that he was doing so because (i) he had a large estate of his own and did not need the inheritance left to him under his father's Will and (ii) the Disclaimer gave him the opportunity to pass his inheritance on to his children free of the estate taxes (presently assessed at the maximum rate of 55\) which would be imposed on that inheritance were it included in his estate at his death. To the extent that Robert M. Mumma, II's Petition suggests that either Ms. Roth or her counsel committed any impropriety by informing him in good faith of the estimated date-of-death value of his father's estate for death tax purposes based on preliminary indications of outside experts, such suggestion is denied. 12. This paragraph is a request for relief to which no response is required. 13. Denied as stated. Linda M. Roth takes no position as to whether Robert M. Mumma, II, should be permitted to revoke his Disclaimer. However, the facts recited in his Petition as grounds for permitting such revocation are untrue. - 3 - , ~~~ ~~o New Matters 14. Linda M. Roth hereby incorporates by reference the requests of the Executrixes, Barbara McK. Mumma and Lisa M. Morgan contained in paragraphs 14 and 15 of their Answer to Robert M. Mumma, II's Petition. Accordingly, Ms. Roth agrees that the children and unborn descendants of Robert M. Mumma, II should have the opportunity to be heard on his Petition, and that all expenses in connection with the proceeding to Revoke the Disclaimer should be charged back against the property distributable to Robert M. Mumma, II or his descendants on the death of Mr. Mumma's widow. WHEREFORE, Linda M. Roth requests that provisions be made in these proceedings for the legal representation of the children and unborn descendants of Robert M. Mumma, II, as such, and that the Order finally disposing of Mr. Mumma's Petition provide that all expenses of this proceeding be deducted from the shares of the trusts under Mr. Mumma's Will r ultimately distributable on the death of Mr. Mumma's widow to Robert M. Mumma, II, or to his descendants. Respectfully submitted, Attorney for Linda M. Roth - 4 - ~ -,,, ~~J " VERIFICATION I, John Hardin Young, being duly sworn according to law, depose and say that I am filing this verification pursuant to Rule 3.2 of the Orphans' Court Rules and Rule l024(c) of the Pennsylvania Rules of Civil Procedure that the facts set forth in the foregoing Answer are true and correct to the best of my information and belief based on privileged conversations and my conversations with other counsel of record in this matter. This verification is not made by Linda M. Roth because she is vacationing outside of the jurisdiction of this Court and her verification cannot be obtained within the time allowed for filing this Answer. / -- ------- u ~~ CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer of Linda M. Roth to Petition of Robert M. Mumma, II to Revoke Disclaimer has been served upon the fOllowing by first-class mail, postage prepaid, this 28th day of August, 1989: Arthur L. Klein, Esq. 2000 One Logan Square Philadelphia, PA 19103 William C. Kollas, Esq. Kollas, Costopoulos, Foster & Fields 831 Market Street/P.O. Box 222 Lemoyne, PA 17043 Richard W. Stevenson, Esq. McNees, Wallace & Durick 100 pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Robert M. Frey, Esq. 5 South Hanover Street Carlisle, PA 17013 Joseph A. O'Connor, Jr., Esq. Morgan, Lewis & Bockius 2000 One Logan Square Philadelphia, PA 19103 William F. Martson, Esq. Martson, Deardorff, William & otto 10 East High Street Carlisle, PA 17013 Barbara M. McClure 129 Lewisbury Road Mechanicsburg, PA .61.( )