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HomeMy WebLinkAbout04-27-92 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 RULE WE COMMAND, you that laying aside all business and excuses whatsoever, you be and app~ar in your proper person before the Honorable Judges of the Common Pleas Court, Orphans' Court Division at a session of the said Court there to be held, for the County of Cumberland to show cause why the scope of authority of Robert M. Frey as Guardian ad litem, should not be limited solely to matters related to a sale of Nine Nlnety-Nir.e, Inc. c.nd Hummelsto;;l!l Quarries, Inc., and the actions for Declaratory Judgm0nt and Other Relief ~ertaining thereto, and to only such other proceedings relating to or arising out of a sale Nine Ninety-Nine, Inc. and Humme1stown Quarries, Inc. or~ matters relating to the attempted renunciation of the Di~claimer of Robert M. Mumma, II,and that the scope of his authority should not con8trued as extending to that of Guardian of the minors' estates in general, of their persons, or in regard to objections to Accounts filed by the Executors and Trustees under the Will of Robert M.Mumma, II. Witness my hand and official seal of office at Carlisle, Pennsylvania this 27th day of April, 1992. '171ww C. ~ c.,. PBr~L,J:\ =....__(1. . I I Mary C. Lew~s Clerk of Orpha~s' Court Cumberland County Carlisle,penna. 17013 1605 IN THE ESTATE OF ROBERT M. MUMMA, DECEASED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNfY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-86-398 RULE TO SHOW CAUSE And now, this 2- ~ r~ay of April, 1992, a Rule is granted upon all persons interested in the Estate of Robert M. Mumma, Deceased, to show cause why the scope of authority of Robert M. Frey as Guardian ad litem, should not be limited solely to matters related to a sale of Nine Ninety- Nine, Inc. and Hummelstown Quarries, Inc., and the actions for Declaratory Judgment and Other Relief pertaining thereto, and to only such other proceedings relating to or arising out of a sale Nine Ninety-Nine, Inc. and Hummelstown Quarries, Inc. or to matters relating to the attempted renunciation of the Disclaimer of Robert M. Mumma, II, and that the scope of his authority should not construed as extending to that of Guardian of the minors' estates in general, of their persons, or in regard to objections to Accounts fIled by the Executors and Trustees under the Will of Robert M. Mumma, II, It:j ~. y[ . P.J. 1606 IN THE ESTATE OF ROBERT M. MUMMA, DECEASED IN 1HE COURT OF COMMON PLEAS OF CUMBERLAND COUNfY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-86-398 PETITION FOR RULE TO SHOW (;AUSE OF GUARDIAN AD LITEM AND NOW this day of April, 1992, comes Robert M. Frey, the Guardian ad litem for the minor children of Robert M. Mumma, II, who respectfully makes the following statement in support of his request for the issuance of a rule on the parties in the above captioned matter: 1. Petitioner is Robert M. Frey, Esquire, an adult individual of 5 South Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. By Order of Court dated December 29, 1988, a copy of which is attached hereto and incorporated herein as Exhibit "A", Petitioner was appointed Guardian ad litem "for the minor persons interested in the estate of Robert M. Mumma, deceased,...in all matter related to the sale of Nine Ninety-Nine, Inc. and Hummelstown Quatries, Inc... . and in any further or other proceedings in the Court of Common Pleas of Cumberland County or the Court of Common Pleas of Dauphin County, Pennsylvania relating to or atising out of such matters." 3. The above-mentioned Order was entered on Petition filed by Barbara Mck. Mumma and Lisa M. Morgan, the the Executors and Trustees under the Will of Robert M. Mumma, deceased. This Petition was based on desire of the Executors and Trustees, as set forth in the Petition, to confmn their authority to sell two assets of the Estate, namely the shares of stock in Nine Ninety-Nine, Inc. and Hummelstown Quatries, Inc. 4. The Executors and Trustees fUrther stated in Paragraph 5 of their Petition that Robert M. Mumma, II had filed a Disclaimer with respect to the trUsts under Articles Seventh and Eighth of the Decedent's Will, thereby creating an interest in Robert M. Mumma, II's two minor children in the Estate and Trusts, including the shares of Nine Ninety-Nine, Inc. and Hummelstown Quarries, Inc. 5. Based on the allegations in the above-mentioned Petition, Petitioner was appointed Guardian ad litem as aforesaid. 160';' 6. Since the entry of the above-referenced Order, Petitioner has acted as Guardian ad litem in connection with a proposed sale of Nine Ninety-Nine, Inc. and Hummelstown Quarries, Inc. 7. Subsequent to the entry of the above-referenced Order, Robert M. Mumma, IT, filed a revocation of the above-mentioned disclaimer which disclaimer created the interests of the minors represented by Petition in Nine Ninety-Nine, Inc. and Hummelstown Quarries, Inc. 8. Because the revocation of the disclaimer by Robert M. Mumma, IT, would remove his minor children as interested parties in Nine Ninety-Nine, Inc. and Hummelstown Quarries, Inc., Petitioner has opposed the revocation as Guardian ad litem exceptions filed with the Clerk of the Orphans' Court of Cumberland County. 9. Since the entry of the above-referenced Order, other litigation has arisen in Cumberland County and elsewhere involving the Executors and Trustees in matters relating neither to a sale of Nine Ninety-Nine, Inc. and Hummelstown Quarries, Inc., nor to the interests of the minor children in Nine Ninety-Nine, Inc. and Hummelstown Quarries, Inc. This other litigation has involved questions regarding, inter alia, the administration of the Estate and Trusts in general and a partial account flled in connection with the administration thereof, and allegations of improper activities of the Executors and Trustees in connection with the operation of certain other businesses, not including Nine Ninety-Nine, Inc. and Hummelstown Quarries, Inc. 10. Petitioner has taken the position in connection with said other litigation that he is without power or standing as these matters are beyond the scope of his authority as granted in the above-referenced Order. 11. Petitioner understands that it has been suggested in some of the proceedings in these other matters that Petitioner should be considered the proper representative of the minor persons interested in the Estate of Robert M. Mumma, whether these proceedings involve Nine Ninety-Nine, Inc. and Hummelstown Quarries, Inc. or not, which suggestion is inconsistent with Petitioner's understanding of the scope of his authority and inconsistent with the Order entered. 12. Petitioner desires to have the extent of his authority, as stated in the above-referenced Order, specifically delineated so that any question as to his responsibilities in the other litigation pending may be conclusively resolved. :1.608 WHEREFORE, Petitioner requests your Honorable Court grant a Rule upon all persons interested in the Estate of Robert M. Mumma, Deceased, to show cause why the scope of authority of Robert M. Frey as Guardian ad litem, should not be limited solely to matters related to a sale of Nine Ninety-Nine, Inc. and Hummelstown Quarries, Inc., and the actions for Declaratory Judgment and Other Relief pertaining thereto, and to only such other proceedings relating to or arising out of a sale Nine Ninety-Nine, Inc. and Hummelstown Quarries, Inc. or to matters relating to the attempted renunciation of the Disclaimer of Robert M. Mumma, II, and that the scope of his authority should not construed as extending to that of Guardian of the minors' estates in general, of their persons, or in regard to objections to Accounts fIled by the Executors and Trustees under the Will of Robert M. Mumma, II, Respectfully submitted, Frey & Tiley bY:~~ Robert G. Frey 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. ~ 4904 relating to unsworn falsification to authorities. Dated: April 21, 1992 ~-A. ~\ Robert M. Frey 1.609 CERTIFICATE OF SERVICE I, Robert G. Frey, do hereby certify that I am this day serving a true and correct copy of the foregoing Corrected Brief upon the Parties herein by fIrst class United States mail, postage prepaid,to the counsel of record addressed as follows: COUNSEL PARTY REPRESENTED James C. Costopolous, Esquire 831 Market Street P. O. Box 222 Lemoyne, Pennsylvania 17043 Charles E. Shields, III, Esquire National Bank Building Mechanicsburg, Pennsylvania 17055 James R. Ledwith, Esquire 3000 Two Logan Square Eighteenth & Arch Streets Philadelphia, Pennsylvania 19103-2799 Robert M. Mumma, II Robert M. Mumma, II Robert M. Mumma, II Jon A. Baughman, Esquire 3000 Two Logan Square Eighteenth & Arch Streets Philadelphia, Pennsylvania 19103-2799 Anthony Vale, Esquire 3000 Two Logan Square Eighteenth & Arch Streets Philadelphia, Pennsylvania 19103-2799 John B. Fowler, III, Esquire 28 South Pitt Street P. O. Box 208 Carlisle, Pennsylvania 17013 Thomas M. Kittredge, Esquire 2000 One Logan Square Philadelphia, Pennsylvania 19103 M.Murnma,Deceased William F. Martson, Esquire 10 East High Street Carlisle, Pennsylvania 17013 Deceased Robert M. Mumma, II Robert M. Mumma, II Robert M. Mumma, II Barbara McK Mumma and Lisa M. Morgan, individually and as Executrixes of the Estate of Robert Barbara McK Mumma and Lisa M. Morgan, individually and as of the Estate of Robert M. Mumma, 1 1610 COUNSEL Richard W. Stevenson, Esquire P. O. Box 1166 Harrisburg, Pennsylvania 17108 John H. Young, Esquire Porter, Wright, Morris & Arthur 1233 20th Street, NW Washington, D. C. 20036-2395 Apri122, 1992 1611 PARTY REPRESENTE Barbara M. McClure Linda M. Roth )J Robert G. Frey 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 ( "'CI ~ -; ....I:"l I:I:l CD en 0.... 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