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Home My WebLink About03-13-91 IN RE: ESTATE OF ROBERT M. MUMMA, late of Cumberland County, pennsylvania IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE NO. 21-86-398 PETITION TO DEFER AND POSTPONE ACTION UPON PETITION FOR REMOVAL OF EXECUTORS AND TRUSTEES Robert M. Mumma, II, by his attorneys, Charles E. Shields, III, of Mechanicsburg, William C. Costopoulos, of Lemoyne, and Pepper, Hamilton & Scheetz, of Philadelphia, files the following Peti tion to Defer and Postpone Action Upon petition For Removal of Executors and Trustees: 1. petitioner is Robert M. Mumma, II, an adult individual residing in Bowmansdale, Cumberland County, Pennsylvania. 2. Respondent, Barbara McK. Mumma, is an adult individual residing at 49 Hillcrest Road, Wormleysburg, Cumberland County, pennsylvania and is a named co-executrix and co-trustee under the will of the late Robert M. Mumma which will was duly probated in Cumberland county and letters testamentary were issued on June 5, 1986. 3. Respondent, Lisa M. Morgan, nee' Mumma, is an adult individual residing at 804 Michigan Avenue, Lemoyne, Cumberland County, pennsylvania, and is a named co-executrix and co-trustee 1 665 under the said will of the late Robert M. Mumma. 4. On February 10, 1989, Petitioner herein filed a PETITION FOR REMOVAL OF EXECUTORS AND TRUSTEES in the instant case which was docketed into the record. 5. On March 30, 1989, the executrices appeared and answered the removal petition. 6. The following day, March 31, 1989, President Judge Sheely continued the hearing to remove executrices because the Petitioner herein informed President Judge Sheely that he needed more discovery and the production of more documents to adequately prepare his case. 7. Since March 31, 1989, your Honorable Court has taken no further judicial action upon the said Petition for Removal. 8. Since March 31, 1989, divers and sundry other legal proceedings involving the Petitioner and respondents have taken place and are proceeding in Cumberland County (Equity No. 66- 1988; Equity No. 14 - 1990; Equity No. 15 - 1990) and elsewhere within and without the Commonwealth. 9. Petitioner has obtained additional local counsel in the persons of William C. Costopoulos, of 831 Market street, Lemoyne, Cumberland County, Pennsylvania, and Charles E. Shields, III, of 2 West Main street, Mechanicsburg, Cumberland county, Pennsylvania. 10. Petitioner's additional local counsel have filed herewith a PETITION TO COMPEL FIRST AND PARTIAL ACCOUNTINGS AND CONTINUING ANNUAL ACCOUNTINGS by the respondents herein, no 2 666 accountings whatsoever having been filed with your Honorable Court since the probate of the will, a period of nearly five (5) years. 11. Petitioner's PETITION FOR REMOVAL necessarily included various averments made on information and belief. 12. The information to be obtained from a full and acceptable accounting under standard fiduciary accounting practices will answer numerous factual questions that would be put before your Honorable Court at a hearing on the PETITION FOR REMOVAL. 13. Petitioner does not know when your Honorable Court will schedule a hearing on the PETITION FOR REMOVAL. 14. Deferring and postponing action will have several beneficial effects. upon the receipt of a full and acceptable accounting, Petitioner will be able to reassess some of his averments and would likely be able to modify the scope of his averments and action in the instant case. Additionally, the receipt of the information from the accounting will better enable your Honorable Court to make a fully informed and equitable decision upon the issues involved. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order that action upon the PETITION FOR REMOVAL OF EXECUTORS AND TRUSTEES, filed by Petitioner, Robert M. Mumma, II on or about February 10, 1989 be deferred and postponed pending action upon Petitioner's PETITION TO COMPEL 3 667 FIRST AND PARTIAL ACCOUNTINGS AND ANNUAL ACCOUNTINGS in the orphans' Court, Estate Docket No. 21-86-398. Respectfully submitted, CHARLES E. SHIELDS, III National Bank Building 2 West Main Street Mechanicsburg, PA 17055 (717) 766-0209 LD. #38513 WILLIAM C. COSTOPOULOS 831 Market Street Lemoyne, PA 17043 (717) 761-2121 Byf21~~ Attorney for etitioner Robert M. Mumma, II 4 668 VERIFICATION I, Robert M. Mumma, II, depose and say that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief and I understand that the statements herein are subject to the penalties of 18 Pa. C.S. sec. 4904 relating to unsworn falsification to authorities. W-J<<, ROBERT M. MUMMA, II 669 CERTIFICATE OF SERVICE I, Charles E. Shields, III, certify that a copy of the attached PETITION TO DEFER AND POSTPONE ACTION UPON PETITION FOR REMOVAL OF EXECUTORS AND TRUSTEES was served by first class mail on ?nr~ 13,lf,?/ upon the following: , Richard W. stevenson, Esquire McNees, Wallach & Nurick P.O. Box 1166 Harrisburg, PA 17108-1166, for Barbara M. McClure 129 S. Lewisberry Road Mechanicsburg, PA 17055 John Hardin Young, Esquire Porter, wright, Morris & Arthur 1233 20th Street, N.W. washington, D.C. 20036-2395, for Linda M. Roth 5104 Wessling Lane Bethesda, MD 20814 Attorney General Commonwealth of Pennsylvania Strawberry Square Harrisburg, PA 17120 William E. zeiter, Esq. Morgan, Lewis & Bockius 2000 One Logan Square Philadelphia, PA 19103, for Barbara McK. Mumma and Lisa M. Morgan William F. Martson, Esquire Martson, Deardorff, Williams & otto 10 East High Street Carlisle, PA 17013, for Barbara McK. Mumma and Lisa M. Morgan ~Mft E ~1fj) CHARLES E. SHt'ELDS, III 670 ( 8 " ;:: ~ 0 ~ ~ % ~~g ~~ ~~i ~t.n lJIl:~ zmm c:z- . :oOO~ 7-0 ~-t> ~:t '"0:0,... .- ::ffii ~6 ... '" UI g ~ - Of r= = S! :z '" ~ LN ( _. '1j ~ ( ~~ 1~t4 ~~ \j Ol~~ ~~ ~~ Ii ~ til t;j ~ ~ Q i I :,~~ ~ ~~!\ ~ '~~...t;..:.,., H ~s" ~ ~",' ~i, !;JQ,'I ?= i . . .~f? IN RE: ESTATE OF ROBERT M. MUMMA, late of Cumberland County, pennsylvania IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-86-398 ORPHANS' COURT DIVISION RULE TO SHOW CAUSE AND NOW, this _ day of 1991, upon consideration of the annexed Petition and pursuant to 20 Pa. C.S. sections 3501.1 and 7181, it is hereby ordered that Barbara McK. Mumma and Lisa M. Morgan, Executrices and Trustees of the Will of Robert M. Mumma, deceased, show cause in this Court at Courtroom No. ___, cumberland county Courthouse, Carlisle, pennsylvania, on 1991, at o'clock _.M. why action upon the PETITION FOR REMOVAL OF EXECUTORS AND TRUSTEES, filed by petitioner, Robert M. Mumma, II on or about February 10, 1989 should not be deferred and postponed pending action upon Petitioner's PETITION TO COMPEL FIRST AND PARTIAL ACCOUNTINGS AND ANNUAL ACCOUNTINGS in the Orphans' Court, Estate Docket No. 21-86-398. BY THE COURT: J. 663 IN RE: ESTATE OF ROBERT M. MUMMA, late of Cumberland County, pennsylvania IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-86-398 ORPHANS' COURT DIVISION ORDER AND NOW, this day of 1991, upon consideration of the annexed Petition and pursuant to 20 Pa. C.S. sections 3501.1 and 7181, it is hereby ordered that action upon the PETITION FOR REMOVAL OF EXECUTORS AND TRUSTEES, filed by petitioner, Robert M. Mumma, II on or about February 10, 1989, will be deferred and postponed pending action upon Petitioner's PETITION TO COMPEL FIRST AND PARTIAL ACCOUNTINGS AND ANNUAL ACCOUNTINGS in the Orphans' Court, Estate Docket No. 21-86-398. BY THE COURT: J. 664