HomeMy WebLinkAbout12-26-91 (2)
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IN RE: ESTATE OF
ROBERT M. MUMMA, deceased,
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, thisd0 ~ day of ~~/~v'
, 1991, upon consideration of
the annexed PETITION TO BYPASS APPOINTMENT OF AUDITOR, it is hereby decreed that
citations be awarded, directed to Barbara McK. Mumma, Executrixrrrustee under the Will of
Robert M. Mumma, and to Lisa M. Morgan, Executrixrrrustee under the Will of Robert M.
Mumma, to show cause, if any there be, why the appointment of an auditor should not be
bypassed and the objections and testimony incident thereto be heard by this Honorable Court
The time and place of ~aring are fixed for ;"30 o'clock,lZ.M. on the .;?Vd day of
~- , 199j, in Courtroom No.1, Carlisle Courthouse, Cumberland County,
Pennsylvania.
This citation is returnable sec. leg.
BY THE COURT:
UetdG_~
P.J.
. }'
1.315
IN RE: EST ATE OF
ROBERT M. MUMMA, deceased,
Late of Cumberland County,
Pennsylvania
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
: NO. 21-86-398
: ORPHANS' COURT DIVISION
DECRF.F.
AND NOW, this
day of
, 1991, at
oIclock,
_.M., upon hearing of the PEfITION TO BYPASS APPOINTMENT OF AUDITOR, the
evidence presented thereupon, and the legal arguments with regard thereto, IT IS HEREBY
ORDERED AND DECREED THAT the Appointment of an Auditor is bypassed and the objections
and testimony incident thereto shall be heard by this Honorable Court.
The time and place of hearing are fixed for
o'clock _.M. on the
day of
, 1991, in Courtroom No.1, Carlisle Courthouse, Cumberland County,
Pennsylvania.
BY THE COURT:
P.J.
1316
IN RE: EST ATE OF
ROBERT M. MUMMA, deceased,
Late of Cumberland County,
Pennsylvania
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY , PENNSYLVANIA
NO. 21-86-398
ORPHANS' COURT DIVISION
PETITION TO BYPASS APPOINTMENT OF AUDITOR
AND NOW COMES Robert M. Mumma, II, individually, and Robert M. Mumma, II and
Gary M. Gilbert, the Court-appointed guardians of the estates of Susan Mann Mumma and
Marguerite Mann Mumma, (hereinafter "Petitioner") by their attorneys, Charles E. Shields, III, of
Mechanicsburg, and William C. Costopoulos, of Lemoyne, and respectfully represents:
1. Petitioner herein has filed specific objections to the accountings filed in the estate and in
the marital trust as well as general objections to the administration of the estate and both the marital
and residuary trusts under the will of Robert M. Mumma.
2. Petitioner and the executrices/trustees are involved in lengthy and complex litigation in
several counties and forums, including a number of cases in Cumberland County which have been
heard or are being heard by your Honorable Court.
3. Many of the issues in these cases are closely related to issues which will arise in
connection with the objections to the accountings.
4. Much of the evidence which will be presented at any hearing on the objections to the
accountings will be closely related to that which has been presented or will be presented in the
other cases.
5. The appointment of an auditor would not only further burden the estate with costs and
fees payable to the auditor, but would mean that much important and interrelated testimony would
not be heard by your Honorable Court.
1317
6. It would best serve the interests of justice, efficiency, and judicial economy to have the
hearings on the objections to the accountings held in front of your Honorable Court for the reasons
above-stated.
WHEREFORE, Petitioners request your Honorable Court to Bypass the Appointment of an
Auditor and to hear the objections and testimony incident thereto.
Respectfully submitted,
Charles E. Shields, III
Commonwealth National Bank Bldg.
2 West Main Street
Mechanicsburg, PA 17055
(717) 766-0209
1.D. # 38513
William C. Costopoulos
831 Market Street
Lemoyne, PA 17043
(717) 761-2121
~ f ~Udv 171
By
Charles E. Shields, III,
Attorneys for Petitioner
1318
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
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~Cu A~
)
)
)
SS:
Before me,
the
undersigned
authority, personally
appeared ROBERT M. MUMMA, II, who, being first duly sworn
according to law, deposes and says that all of the averments set
forth in the foregoing Petition are true and correct according to
the best of his knowledge or as is informed and believes.
lJ!be~
Sworn to and s~ed
befOj ~is ay
of (I '/1 , 1991.
1~~t c r;~1
Nota Publ
NOTARIAL SEA;
KlM8~f\Lf A G~OSTlEY. N'm,;':; Public
City of ~a~nsburg, Dauphin Co.
My CommIssion Expires Jan. 4. 1993
1319
CERTIFlCATE OF SERVICE
I, Charles E. Shields, III, certify that a copy of the attached PETITI ON TO BYPASS
{)et;- If, J? q /
APPOINTMENT OF AUDITOR was served by first class mail on
upon the following:
Richard W. Stevenson, Esquire
McNees, Wallace & 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
Thomas M. Kittredge, Esquire
Morgan, Lewis & Bockius
2000 One Logan Square
Philadelphia, PA 19103-6993, 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
(Courtesy Copy)
Robert M. Frey, Esquire
5 South Hanover Street
Carlisle, PA 17013
~hl{~
Charles E. Shields, III
"7JL
1320
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