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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
IN RE: MEMORANDUM OPINION PURSUANT TO PA. R.A.P. 1701(b) (1)
BEFORE SHEELY. P.J.
MEMORANDUM OPINION
An opinion and order of court was filed in the above-
captioned case on November 17, 1989. Being as the case was under
the jurisdiction of the Orphans' Court, said opinion and order
should have been entered as a decree nisi rather than in the
regular form that was used. As a result, the guardian ad litem
filed exceptions with this court on November 30, 1989, as well as
an appeal with the Superior Court on December 12, 1989.
We do not fault the guardian ad litem for these actions
for the aforementioned reason. However, pending resolution of
the appeal filed with the Superior Court, we are without
jurisdiction to rule on the guardian ad litem's exceptions
pursuant to Pa. R.A.P. 1701(a). Should the Superior Court remand
for a ruling on said exceptions, we will obviously do so at that
time.
By the Court,
Date: ,LiCLJ:5//?'/v
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, P.J.
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NO. 21-86-398
William C. Costopou1os, EsquirelYl~ ~'" ...,:,( -1-10
For Robert M. Mumma, III-~
Robert M. Frey, Esquire
Guardian ad litem
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