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HomeMy WebLinkAbout02-18-92 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-86-398 ESTATE OF ROBERT M. MUMMA, DECEASED Response to Petition to Bypass APPointment of AUditor Barbara McK. Mumma and Lisa M. Morgan, Executors of and Trustees under the will of Robert M. Mumma, deceased, ("Mr. Mumma") ("the Executors and Trustees") by and through their undersigned counsel, hereby respond to the Petition of Robert M. Mumma, II ("RMM, II") to bypass the appointment of an auditor to hear the Objections filed herein by RMM, II to the interim accounts of the Executors and Trustees: 1. On August 9, 1991 the Executors and Trustees filed herein interim Accounts of their acts and transactions as Executors of and as Trustees of the Marital and Residuary Trusts under Mr. Mumma's Will. 2. On October 4, 1991 RMM, II in his individual capacity, and RMM, II and Gary M. Gilbert as Guardians of the estates of RMM, II's minor daughters by appointment of the York County orphans' Court, filed Objections to the Accounts of the Executors and Trustees. 3. No other person has filed Objections. 4. RMM, II's Objections are on their face overbroad and burdensome; they are designed (i) to continue RMM, II's course of harassing the Executors and Trustees in carrying out their administration of Mr. Mumma's estate and the trusts under :1567 his will and (ii) to elicit information concerning businesses owned by the estate to achieve competitive advantages for RMM, II's own businesses. 5. On November 6, 1991 the Executors and Trustees filed a Motion in this Court to stay all further actions with respect to RMM, II's Objections until this Court finally determines whether RMM, II has proper standing to object. In support of their Motion to stay, which is incorporated fully by reference herein, the Executors and Trustees pointed out, inter alia, that: (a) on January 12, 1987 RMM, II disclaimed his entire interest in the trusts under Mr. Mumma's will, that his attempt to revoke his disclaimer two and one-half years later was challenged by his children's guardian ad litem, and that this Court has yet to rule on the Exceptions filed by said guardian to its initial decision upholding RMM, II's attempted revocation; and (b) RMM, II's appointment as guardian of his daughters' estates by the York County Orphans' Court was procured after RMM, II's misrepresentation to the York County Court that he had no interest adverse to the financial interests of his daughters. 6. This Court has not yet issued a Rule to Show Cause with respect to the Executors' and Trustees' Motion to Stay. 7. The Executors and Trustees believe that no further proceedings with respect to RMM, II's Objections to their - 2 - 1568 Accounts should be undertaken, including the appointment of an auditor, until the issues raised by their Motion to stay are resolved. If, it is ultimately determined that RMM, II had no proper standing to make Objections, the time of the auditor and the resources of the estate will have not been wasted. 8. Because of the substantial overlap of issues and concerns presented, judicial economy and efficiency will best be furthered if this Court considers the Executors and Trustees' Motion to Stay simultaneously with RMM, II's Petition to Bypass Appointment of Auditor. WHEREFORE, the Executors and Trustees respectfully request this Court enter an Order dispensing with the appointment of an auditor. In addition, the Executors and Trustees request that this Court stay all further action or proceedings with respect to the Objections of Robert M. Mumma, II, individually, and of Robert M. Mumma, II and Gary M. Gilbert, as guardians of the estates of Robert M. Mumma's daughters, until such time as it is finally determined whether Robert M. Mumma, II has proper standing to object to the Executors' and Trustees' Accounts. o"~A(J J" Marc J. Sonnenfeld 2000 One Logan Square Philadelphia, PA 19103 (215) 963-5212, 5572 - 3 - 1.569 william F. Martson MARTSON, DEARDORFF, WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Barbara McK. Mumma and Lisa M. Mumma as Executors and Trustees under the Will of Robert M. Mumma, Deceased Of Counsel: william E. zeiter MORGAN, LEWIS & BOCKIUS - 4 - :1570 . . VERIFICATION I, Lisa M. Mumma, depose and say that the facts set forth in the foregoing Response to Petition to Bypass Appointment of Auditor 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. C-u...J - 5 - 1571 CERTIFICATE OF SERVICE The undersigned counsel for Barbara MeR. Mumma and Lisa M. Morgan as Executors and Trustees under the will of Robert M. Mumma, Deceased, hereby certifies that the foregoing Response to Petition to Bypass Appointment of Auditor was this ~ day of February, 1992, served by hand delivery upon Jon A. Baughman Anthony Vale PEPPER, HAMILTON & SCHEETZ 3000 Two Logan Square 18th & Arch Streets Philadelphia, PA 19103-2799 and by U.S. mail, postage prepaid, upon Charles E. Shields, III National Bank Building 2 West Main Street Mechanicsburg, PA 17055 william C. Costopoulos 831 Market Street Lemoyne, PA 17043 John Hardin Young Porter, Wright, Morris & Arthur 1233 20th Street, N.W. Washington, DC 20036-2395 Richard W. Stevenson McNees, Wallace & Nurick 100 pine Street P.O. Box 1166 Harrisburg, PA 17108 - 6 - 1572 ,." C.:l'!~, , . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-86-398 ESTATE OF ROBERT M. MUMMA, DECEASED RESPONSE TO PETITION TO BYPASS APPOINTMENT OF AUDITOR William F. Martson MARTSON, DEARDORFF, WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243 - 3341 Joseph A. O'Connor, Jr. MORGAN, LEWIS & BOCKIUS 2000 ONE LOGAN SQUARE (215) PHILADEl...PHIA. PA. 19103 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-86-398 ESTATE OF ROBERT M. MUMMA, DECEASED ORDER AND NOW, this day of , 1992, upon reading the Petition to Bypass Appointment of Auditor filed by Robert M. Mumma, II, individually, and Robert M. Mumma, II and Gary M. Gilbert, as Guardians of the Estates of Susan Mann Mumma and Marguerite Mann Mumma, and the Response to Motion to Bypass Appointment of Auditor filed by Barbara MeR. Mumma and Lisa M. Morgan, Executors of and Trustees under the Will of Robert M. Mumma, deceased, and upon hearing the evidence presented thereon and the legal arguments with respect thereto, IT IS HEREBY ORDERED that the appointment of an auditor be and the same hereby is dispensed with. IT IS FURTHER ORDERED that all proceedings with respect to RMM, II's Objections to the Interim Accounts of Barbara McK. Mumma and Lisa M. Morgan are hereby stayed until such time as this Court has determined whether RMM, II has proper standing to object to the aforesaid Accounts. BY THE COURT: Harold E. Sheely, P.J. 1566