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Home My WebLink About05-18-92 (2) IN RE ESTATE OF ROBERT M. MUMMA, COURT OF COMMON PLEAS : CUMBERLAND COUNTY . . ORPHANS' COURT DIVISION Deceased. : NO. 21-86-398 PETITION OF BARBARA McK. MUMMA AND LISA M. MORGAN FOR THE APPOINTMENT OF ROBERT G. FREY AS GUARDIAN AD LITEM Barbara McK. Mumma and Lisa M. Morgan, ("Petitioners") by and through their undersigned counsel, hereby respectfully request this Court to appoint Robert G. Frey (the son of Robert M. Frey) as Guardian ad Litem of all minor persons who are or who may become interested in the Estate of Robert M. Mumma, deceased, to act on behalf of such minors in any actions now pending before this Court relating to the Estate of Robert M. Mumma or the trusts under his will. Petitioners allege in support of their request as follows: 1. Petitioners are the Executors of and Trustees under the Will of Robert M. Mumma, deceased. ("Mr. Mumma ") 2. Under the terms of his Will Mr. Mumma left his estate in trust for the life of his wife, Petitioner, Barbara McK. Mumma, who survived him, with the remainder on her death to his then living issue, per stirpes. At present Mr. Mumma's living issue are his adult daughter, Barbara McClure, who has two minor children, Carley R. McClure and Kim W. McClure; his adult son, Robert M. Mumma, II, who has three minor children, Robert M. Mumma, III, Susan M. Mumma and Marguerite M. Mumma; his adult daughter, Linda M. Roth, who has three minor children, Jennifer Roth, Carter Roth and Michael Roth; and his adult daughter, :1627 Lisa M. Morgan, one of the Petitioners herein, who has two minor children, Ashley M. Morgan and Charley A. Morgan. At present, all of Mr. Mumma's minor grandchildren are contingent remaindermen of the trusts under his will (lithe minor Contingent Remaindermen"). 3. Mr. Mumma's son, Robert M. Mumma, II ("RMM, 11") in his individual capacity has been litigating against his father's estate and the trusts under his father's will in a number of actions now pending before this Court and has taken positions in those proceedings adverse to the interests of the estate, the trusts under his father's Will and their beneficiaries. Petitioners believe that a Guardian ad Litem should be in office to represent the interests of all the minor continent Remaindermen in these litigations. 4. On August 9, 1991, petitioners filed their Accounts as Executors of and as Trustees of the marital and residuary trusts under Mr. Mumma's Will. Petitioners believe that a Guardian ad Litem should be in office to represent the interests of all the minor Contingent Remaindermen in these accounting proceedings. 5. By Order of this Court dated December 29, 1988 Robert M. Frey, Esq., was appointed Guardian ad Litem for the minor children of RMM, II. 6. On January 6, 1987, RMM, II executed a disclaimer of his interests in his father's estate and the trusts established under his father's will so that the portion of the 2 1628 trusts under the will which otherwise would have been distributable to him on his mother's death became distributable to RMM, II's minor children. Although this Court granted RMM, II's petition to revoke his disclaimer, Robert M. Frey, as Guardian ad Litem of RMM, II's minor children, has filed exceptions to that ruling. Those exceptions have yet to be disposed of and in any event an appeal of this Court's decision is likely. If RMM, II's revocation is held to have been invalid his minor children will have a direct interest as presumptive remaindermen of the trusts under their grandfather's will. Even if RMM II's revocation is upheld, his minor children will still be Contingent Remaindermen of those trusts along with Mr. Mumma's other grandchildren, all of whom are minors. 7. If this Court grants the relief requested herein and appoints a Guardian ad Litem to represent all of the minor Contingent Remaindermen, the responsibilities of such newly appointed Guardian ad Litem and the responsibilities of Robert M. Frey, Esq., as Guardian ad Litem for the children of RMM, II, may not be clearly delineated and may in fact overlap. All the Contingent Remaindermen have the same interest in Mr. Mumma's estate and the trusts under his will. Petitioners request the Court to consider appointing just one individual as Guardian ad Litem for all the minor contingent Remainderman to act on their behalf in all actions pending before this Court involving the Estate of Robert M. Mumma and the trusts under his will. 3 1629 8. On information and belief, Robert G. Frey, the son of Robert M. Frey, is a prominent member of the Bar of this Court and has assisted his father in the latter's role as Guardian ad Litem of the children of RMM, II, and Robert G. Frey is generally familiar with many of the circumstances surrounding the administration of the Estate of Robert M. Mumma, the trusts under his Will, and the litigation pending in this Court brought against the estate and trusts by RMM, II. Wherefore, Barbara McK. Mumma and Lisa M. Morgan respectfully request this Court to appoint Robert G. Frey as Guardian ad Litem of all minor persons who are or who may become interested in the Estate of Robert M. Mumma, deceased to act on behalf of such minors in any actions now pending before this Court relating to the Estate of Robert M. Mumma or the trusts under his will. ( William E. Zeiter MORGAN, LEWIS & BOCKIUS as Counsel A. o'Connor, Jr. arc 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, PA 17013 (717) 243-3341 Attorneys for Barbara McK. Mumma and Lisa M. Morgan 4 1630 VERIFICA nON 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 Petition of Barbara K. McK. Mumma and Lisa M. Morgan for the Appointment of Robert G. Frey as Guardian Ad Litem 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. ~~ Ivo V. Otto III 1631 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 Petition 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 ~632 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 Se ~~L $I~"\~ Ivo V. Otto, III Martson, Deardorff, Williams & otto 10 East High Street Carlisle, PA 17013 (717) 243 - 3341 - 2 - 1.633 ESTATE OF M. MUMMA, PETITION OF BARBARA McK. MUMMA AND LISA M. MORGAN FOR THE APPOINTMENT OF ROBERT G. FREY AS GUARDIAN AD LITEM William E. Zeiter MORGAN, LEWIS & BOCKIUS as Counsel William F. Martson Ivo V. Otto, III MARTSON, DEARDORFF, WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243 - 3341 Joseph A. O'Connor, Jr. Marc J. Sonnenfeld Brady L. Green MORGAN. LEWIS & BOCKIUS 2000 ONE LOGAN SQUARE PHILADELPHIA, PA. 19103 (215) 963 - ~212 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-86-398 ESTATE OF ROBERT M. MUMMA, DECEASED DECREE AND NOW, this day of 1992/ upon consideration of the annexed petition, is hereby appointed Guardian ad Litem of all minor persons who are or who may become interested in the Estate of Robert M. Mumma, deceased to act on behalf of such minors in any actions now pending before this Court relating to the Estate of Robert M. Mumma or the trusts under his will. By the Court: J. 1626