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Home My WebLink About05-18-92 .- IN RE ESTATE OF ROBERT M. MUMMA, COURT OF COMMON PLEAS CUMBERLAND COUNTY ORPHANS' COURT DIVISION Deceased. : NO. 21-86-398 RESPONSE OF BARBARA MeR. MUMMA AND LISA M. MORGAN TO PETITION OF GUARDIAN AD LITEM ROBERT M. FREY, ESQUIRE Barbara McK. Mumma and Lisa M. Morgan, ("Respondents") by and through their undersigned counsel, hereby respond to the petition of Robert M. Frey, Esquire, the guardian ad litem for the minor persons interested in the Estate of Robert M. Mumma ("the Estate") as follows: 1. Admitted. 2. Admitted. By way of further response, the December 29, 1988 Order states that Petitioner is authorized to represent said minor persons in all matters related to the sale of Nine Ninety-Nine, Inc. ["999"] and Hummelstown Quarries, Inc. ["HQI"] and the actions for Declaratory Judgment and Other Relief pertaining thereto, which actions are now pending before this Court, 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 arising out of such matters. 3. Admitted in part, denied in part as stated. It is admitted that the December 29, 1988 Order was entered upon petition of Respondents, and that Respondents are the executors of and trustees under the will of Robert M. Mumma ("the Will"). By way of further response, the petition of Respondents for the Appointment of a Guardian Ad Litem speaks for itself. 4. Admitted. 1620 5. Admitted. 6. Admitted. 7 and 8. Denied as stated. On January 6, 1987 Robert M. Mumma, II ("Bob") executed a disclaimer of his interest in the Estate in favor of his children. By virtue of the filing of the disclaimer, Bob ceased to be a beneficiary under the will. While this Court granted Bob's petition to revoke the disclaimer on November 17, 1989, Petitioner has filed exceptions to that ruling. Those exceptions have yet to be ruled upon, and in any event an appeal of this Court's decision is likely. Under these circumstances, any interest of Bob in the Estate is uncertain at best. Moreover, even if Bob's revocation of his disclaimer ultimately is upheld, his minor children will remain contingent remaindermen under the will. 9. Denied as stated. Subsequent to Petitioner's appointment as guardian ad litem, Bob has filed three actions, Nos. 14, 15, and 84 Equity 1990. It is denied that these actions do not involve or relate to a sale of Nine Ninety-Nine, Inc. or Hummelstown Quarries, Inc., or that they do not implicate the interests of the minor persons under the will. It is further denied that the other businesses involved in the 1990 equity actions do not include Nine Ninety-Nine, Inc. and Hummelstown Quarries, Inc. In fact, Nine Ninety-Nine, Inc. is a named defendant in Nos. 14 and 15 Equity, and Hummelstown Quarries, Inc. is a named defendant in No. 14 Equity. Moreover, Nos. 14, 15 and 84 Equity involve issues relating to Nine Ninety-Nine, 2 :1621 Ine.'s subsidiaries and sub-subsidiaries. It is admitted some of the litigation pending before this Court relates to the administration of the Estate and the trusts under the will, and to interim accounts filed with respect thereto. 10. Admitted. 11. Admitted in part. Respondents have taken the position that Petitioner should be considered the proper representative of the minor persons interested in the Estate. Respondents have no information sufficient to form a belief as to Petitioner's understanding of the scope of his authority. It is denied that Respondents' position is inconsistent with the Court's Order. 12. Respondents are without knowledge sufficient to form a belief as to the allegations of this paragraph. By way of further response, Respondents do not object to the entry of Petitioner's proposed Order. William E. Zeiter MORGAN, LEWIS & BOCK IUS as Counsel ph Jr. Ma c J. Sonnenfeld Brady L. Green 2000 One Logan Square Philadelphia, PA 19103 (215) 963-5212, 5572, 5079 William F. Martson Ivo V. otto, III MARTSON, DEARDORFF, WILLIAMS & OTTO 10 East High Street Carlisle, FA 17013 (717) 243-3341 Attorneys for Barbara Mck. Mumma and Lisa M. Morgan 3 1.622 VERIFICATION Ivo V. Otto III, Esquire, of the firm of MARTS ON, DEARDORFF, WILLIAMS & OTTO, attorneys for Barbara McK. Mumma and Lisa M. Morgan in the within action, certifies that the statements made in the foregoing Response of Barbara K. McK. Mumma and Lisa M. Morgan to Petition of Guardian Ad Litem Robert M. Frey, Esquire are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. l~~~ Ivo V. Otto III 1623 CERTIFICATE OF SERVICE I, Ivo V. Otto, III, do hereby certify that I am this day serving a true and correct copy of the foregoing Response for the appointment of Robert G. Frey as Guardian ad Litem upon the Parties herein by first class United States mail, post 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 Robert M. Mumma, II Charles E. Shields, III, Esquire National Bank Building Mechanicsburg, Pennsylvania 17055 Robert M. Mumma, II James R. Ledwith, Esquire 3000 Two Logan Square Eighteenth & Arch Streets Philadelphia, Pennsylvania 19103-2799 Robert M. Mumma, II Jon A. Baughman, Esquire 3000 Two Logan Square Eighteenth & Arch Streets Philadelphia, pennsylvania 19103-2799 Robert M. Mumma, II Anthony Vale, Esquire 3000 Two Logan Square Eighteenth & Arch Streets Philadelphia, pennsylvania 19103-2799 Robert M. Mumma, II John B. Fowler, III, Esquire 28 South Pitt Street P.O. Box 208 Carlisle, Pennsylvania 17013 Robert M. Mumma, II Gerald K. Morrison, Esquire Buchanan Ingersoll Professional Corporation 30 N. Third street, 8th Fl. P.O. Box 12023 Harrisburg, Pennsylvania 17108-2023 Robert M. Mumma, II ~624 " COUNSEL PARTY REPRESENTED Andrew S. Gordon, Esquire Buchanan Ingersoll Professional Corporation 30 N. Third Street, 8th Fl. P.O. Box 12023 Harrisburg, Pennsylvania 17108-2023 Robert M. Mumma, II Christopher F. Farrell, Esquire Buchanan Ingersoll Professional Corporation 30 N. Third Street, 8th Fl. P.O. Box 12023 Harrisburg, Pennsylvania 17108-2023 Robert M. Mumma, II Richard W. Stevenson, Esquire P. o. Box 1166 Harrisburg, Pennsylvania 17108 Barbara M. McClure John H. Young, Esquire Porter, Wright, Morris & Arthur 1233 20th street, NW Washington, D.C. 20036-2395 Linda M. Roth Robert G. Frey, Esquire 5 South Hanover Street Carlisle, Pennsylvania 17013 Pro Se Robert M. Frey, Esquire Guardian ad Litem 5 South Hanover Street Carlisle, Pennsylvania 17013 Pro 5e \)J ~..s-- Sllt\'\'l. Ivo V. otto, III Martson, Deardorff, Williams & otto 10 East High street Carlisle, PA 17013 (717) 243 - 3341 - 2 - 1625 cs (',bb~ 1:.; ,) l.,t"'! ,'\ \(1ft: j COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-86-398 ESTATE OF ROBERT M. MUMMA, DECEASED RESPONSE OF BARBARA McK. MUMMA AND LISA M. MORGAN TO PETITION OF GUARDIAN AD LITEM ROBERT M. FREY, ESQUIRE William F. Martson Ivo V. Otto, III MARTSON, DEARDORFF, WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243 - 3341 William E. Zeiter MORGAN, LEWIS & BOCKIUS as Counsel Joseph A. O'Connor, Jr. Marc J. Sonnenfeld Brady L. Green MORGAN, LEWIS & BOCKIUS 2000 ONE LOGlAN SQUARE PHIL.ADELPHIA. PAr 19103 \ \