HomeMy WebLinkAbout12-28-93
IN RE: ESTATE OF ROBERT M.
MUMMA, Late of Cumberland
County, pennsylvania
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 21-86-398
ORPHANS' COURT DIVISION
PETITIONERS' STATEMENT OF MATTERS COMPLAINED
OF AND INTENDED TO BE ARGUED ON APPEAL
Now Come Petitioners Robert M. Mumma, II, individually,
and Robert M. Mumma, II, and Gary M. Gilbert, as Co-Guardians of
the Estates of Susan Mann Mumma and Marguerite Mann Mumma, and
file the within Petitioners' statement of Matters Complained of
and Intended to be Argued on Appeal pursuant to RUle 21,925-1 of
the Local Rules of the Court of Common Pleas of Cumberland County
as follows:
1. On December 9, 1993, Petitioners filed Petition of
Robert M. Mumma, II and
Gary M. Gilbert for Preliminary
Injunction and Rule to Show Cause to Enjoin tne Sale of the
Estate's Fifty Percent Interest in Lebanon Rock, Inc. By Reason
of the Executrices' Violation of Section 3354 of the Pennsylvania
Probate, Estates
and
Fiduciaries
Code
(hereinafter "the
Petition").
2. Petitioners also filed on December 9, 1993, a Rule
to Show Cause why the relief requested in the Petition ~hould not
Mumma:Statement of Matter:12/22
,
.
be granted and a proposed Order of Preliminary Injunction. A
Memorandum of Law in Support of the Petition was also filed with
the Court on December 9, 1993.
3.
On
December
11,
1993,
after
hearing
and
Mumma:St.tement of M.ttor:12/22
.
be granted and a proposed Order of preliminary Injunction. A
Memorandum of Law in Support of the Petition was also filed with
the Court on December 9, 1993.
3.
On
December
11,
1993,
after
hearing
and
consideration of the arguments presented on the Petition and
request for preliminary injunction, the Court issued an Order
dated December 11, 1993 refusing and dismissing Petitioners'
request for an injunction. The Court also ordered that it would
refuse to sign the RUle to Show Cause.
4. This Order of Court was entered on the Docket of
the orphans' Court Division on December 13, 1993.
5. On or about December 22, 1993, Petitioners filed a
Notice of Appeal with respect to the aforementioned Order of
Court entered on December 13, 1993.
6. Rule 21,925-1 of the Local Rules of the Court of
Common Pleas of Cumberland County provides:
In every appeal from an order or decree
of this Court to which no post-trial
motions or exceptions were filed but such
appeal is taken directly to an appellate
court, appellant or appellant's counsel
shall within ten (10) days after taking
the appeal, file of record a concise
statement of the matters complained of
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Mumma:Statement of Matter:12/22
and intended to be argued on appeal and
shall serve a copy thereof upon the judge
from whose order or decree the appeal was
taken; ... .
7. Accordingly, and pursuant to Local Rule 21,925-1,
Petitioners file the
following
statement
of the matters
complained of and intended to be argued on appeal:
A. The Court abused its discretion in denying
Petitioners' Motion for Preliminary Injunction in
view of the clear violation of law; the provisions
of the Probate, Estates and Fiduciaries Code, 20
Pa. C.S. S101 et seg. ("the Code") providing the
Court with the power to enjoin an unauthorized sale
of Estate assets under such circumstances; and all
of the facts, circumstances and reasons presented
in the Petition and Memorandum of Law in Support
thereof.
B. The Court erred as a matter of law in refusing to
enter the Rule to Show Cause in view of the clear
violation of law; the provisions of the Code
providing the Court with the power to issue an
injunction in cases such as this; and all of the
facts, circumstances and reasons presented in the
Petition and Memorandum of Law in Support thereof.
Dated: December 23, 1993
BUCHANAN INGERSOLL
PROFESSIONAL CORPORATION
Ger~ ~rrS;~3-
Attorney 1.0. No. 06876
Christopher F. Farrell
Attorney 1.0. No. 23538
John B. Consevage
Attorney 1.0. No. 36593
30 North Third Street,
8th Floor Vartan Pare
P.O. Box 12023
Harrisburg, PA 17108-2023
(717) 237-4854
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Mumma:Statement of Matter:1Z/Z2
~
.
CERTIFICATE OF SERVICE
I, JJRYlQ'i ~rJ"\ej....\Fd'. hereby certify that on December
;L3, 1993, I served copies of the foregoing PETITIONERS'
STATEMENT OF MATTERS COMPLAINED OF AND INTENDED TO BE ARGUED ON
APPEAL by depositing said copies in the first-class mail, at
Harrisburg, Pennsylvania, addressed to the following:
Ronald M. Katzman, Esquire
Goldberg, Katzman & Shipman
320-E Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Ivo v. otto, Esquire
Martson, Deardorff, Williams
& otto
10 East High Street
Carlisle, PA 17013
BUCHANAN INGERSOLL
PROFESSIONAL CORPORATION
By ~(t~