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HomeMy WebLinkAbout03-09-15 1 r'V Ivo V. Otto, III, Esquire o "' rTl I.D. No. 27763 -vr cf, George B. Faller, Jr., Esquire I.D. No. 49813 -Y; CO MARTSON LAW OFFICES 10 East High Street r "� Carlisle PA 17013 r-n (717) 243-3341 co c7 Attorneys for Lisa M. Morgan, Co-Executrix and cam ' Co-Trustee Under the Will of Robert M. Mumma IN THE COURT OF COMMON PLEAS OF IN RE: CUMBERLAND COUNTY, PENNSYLVANIA Estate of Robert M. Mumma, Deceased. NO. 21-86-398 ORPHANS COURT DIVISION MOTION TO MAKE RULE ABSOLUTE OF LISA M. MORGAN TO DISMISS OBJECTIONS OF ROBERT M. MUMMA, II TO ACCOUNTS OF TRUSTEE Lisa M. Morgan, trustee of two testamentary trusts under the will of the late Robert M. Mumma ("Mr. Mumma, Sr."), moves as follows to make absolute a Rule to Show Cause issued by this Court on February 10, 2010 (the "Rule," attached hereto as Exhibit A): 1. On January 30, 2015, Ms. Morgan filed a Motion to Dismiss Objections of Robert M. Mumma, II ("Mr. Mumma, II") to accounts for the period from July 18, 2010 through December 31, 2012 for the trusts (the "Accounts") due to Mr. Mumma, II's failure to comply with instructions to file proposed findings of fact and conclusions of law by November 16, 2014 following an evidentiary hearing with respect to his objections. 2. The Honorable J. Wesley Oler, Jr., thereupon issued the Rule to Mr. Mumma, II to show cause why the motion should not be granted. 3. To date, Mr. Mumma, II has neither responded to the Rule nor filed a response to the motion. 4. No other beneficiary has filed objections to the Accounts. J WHEREFORE, Lisa M. Morgan, requests that the Court dismiss Robert M. Mumma, II's objections and confirm the Accounts as filed. Respect 11 sub By: Ivo V. Otto, IIl, Esquire IN George B. Faller, Jr., Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Brady L. Green, Esquire Wilbraham, Lawler & Buba 1818 Market Street, 31 st Floor Philadelphia, PA 19103 (215) 972-2860 Attorneys for Lisa M. Morgan, Trustee Under the Will of Robert M. Mumma � _ � � � �� _ � ,r I ., - '- i t i I i j '' . s^ IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF ROBERT M. MUMMA, CUMBERLAND COUNTY, PENNSYLVANIA Deceased. ORPHANS' COURT NO. 21-86-398 RULE TO SHOW CAUSE AND NOW, this 10th day of February, 2015, upon consideration of the Motion of Lisa M. Morgan To Dismiss Objections of Robert M. Mumma, II to Accounts for Marital Trust for Period from July 18, 2010 through December 31, 2012, a Rule is issued upon Robert M. Mumma, II, to show cause, if any, why the motion should not be granted. RULE returnable within 15 days from the date of this order. THE ISSUE is referred in the first instance to the auditor, Anthony L. DeLuca, Esq., for disposition in the course of his duties as auditor, without prejudice to any party aggrieved by the auditor's ruling to include the issue among Objections to the Auditor's Report. BY THE COURT! Ji Wesley' ,Jr., S.J. iJ Anthony L. DeLuca, Esq. 113 Front Street P.O. Box 358 Boiling Springs,PA 17007 ,> Auditor s -i r-n CD Ivo V. Otto, III, Esq. ,., _.: r, �_; George B. Faller, Jr., Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorneys for Lisa M. Morgan, Esq. ::{ '—' -- rT' c cn c') ` CID ` � Y Brady L. Green, Esq. Wilbraham, Lawler & Buba 1818 Market Street, 31St Floor Philadelphia, PA 19103 Attorney for Lisa M. Morgan, Esq. and Estate of Barbara McK. Mumma Richard F. Rinaldo, Esq. Williams Coulson LLC One Gateway Center, 16th Floor Pittsburgh, PA 19103 Attorney for Barbara M. Mumma Linda M. Mumma P.O. Box 70 Mechanicsburg, PA 17101 Pro Se Robert M. Mumma, II P.O. Box F Granthem, PA 17027 Pro Se CERTIFICATE OF SERVICE I,Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy& Faller, hereby certify that a copy of the Motion to Dismiss Objections was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard F. Rinaldo, Esquire Williams Coulson Johnson Lloyd Parker& Tedesco One Gateway Center, 16`"Floor Pittsburgh, PA 15222 Mr. Robert M. Mumma, II Box F Grantham, PA 17027 Ms. Linda M. Mumma P.O. Box 30436 Bethesda, MD 20824 Anthony L. DeLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 MARTSON LAW OFFICES Y icia . Ecke iio d Ten East High St et Carlisle, PA 17013 Dated: 9,p�06 (717) 243-3341