HomeMy WebLinkAbout08-17-94
H. Robert Fiebach
David I. Bookspan
Yvette Kane
1.0. Nos. 02812, 43981, 46284
Wolf, Block, Schorr & Solis-Cohen
Twelfth Floor Packard Building
S.E. Corner 15th & Chestnut streets
Philadelphia, PA 19102-2678
Attorneys for Defendant
IN RE:
ESTATE OF
ROBERT M. MUMMA,
Late of Cumberland
County, Pennsylvania:
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
No. 21-86-398 ~
:
:
ORPHANS COURT DIVISION
BARBARA McK. MUMMA, et al.
: CIVIL ACTION
Plaintiffs, :
: NO. 66 EQUITY 1988
v.
ROBERT M. MUMMA, II, et al.
SUPPLEMENTAL OPPOSITION OF
ROBERT M. MUMMA, II TO RULE TO
SHOW CAUSE AND MOTION TO COORDINATE
Robert M. Mumma, II, through his attorneys Wolf,
Block, Schorr and Solis-Cohen, hereby files this Supplemental
Opposition to Rule to Show Cause and Motion of Barbara McK. Mumma
and Lisa M. Morgan (hereinafter lithe Movants") to Coordinate
Civil Action No. 666 Equity, November Term 1993, Philadelphia
County with the above-captioned proceedings. The purpose of this
Supplemental Opposition is to emphasize the limited jurisdiction
of the Orphan's court, which precludes the granting of the
Motion.
DSH:2873.1
:r;;;-
The Philadelphia action seeks to compel the payment of
a declared dividend to Robert M. Mumma, II or his successors.
The Pennsylvania supreme Court has settled beyond dispute that:
"Whether to pay an annual dividend is an internal decision of the
corporation not subiect to the qeneral sUDervisorv Dower of the
orDhans' court." In re Trust of Mintz, 444 Pa. 189, 199-200, 282
A.2d 295, 301 (1971) (emphasis added) (and cases cited therein).
If the decision to pay an annual dividend is outside the
jurisdiction of the orphans' court, surely the decision whether
to withhold payment of a declared dividend to a single
shareholder must also be outside the jurisdiction of the orphans'
court. Accordingly, this Court simply does not have jurisdiction
over the claims asserted in the Philadelphia action.
For all the foregoing reasons in addition to all the
reasons set forth in the Opposition and Answer of Robert M.
Mumma, II to Rule to Show Cause and Motion of Barbara McK. Mumma
and Lisa M. Morgan to Coordinate civil Action No. 666 Equity
November Term 1993, Philadelphia county with the Above-Captioned
Proceedings, Robert M. Mumma, II, respectfully requests that the
motion to transfer and coordinate the Philadelphia County Action
DSH:2873.1
-2-
to Court of Common Pleas of Cumberland County, Orphans Court
Division, be denied.
Respectfully submitted,
: ~!::: :;f::c6/lyll~
David I. Bookspan
Yvette Kane
1.0. Nos. 02812, 43981, 46284
Attorneys for
Robert M. Mumma, II, et al.
OF COUNSEL:
WOLF, BLOCK, SCHORR and SOLIS-COHEN
Twelfth Floor Packard Building
15th and Chestnut Streets
Philadelphia, PA 19102-2678
(215) 977-2000
OSH:2873.1
~,
-3-
CERTIFICATE OF SERVICE
David I. Bookspan hereby certifies that on this 17th
day of August, 1994 a true and correct copy of the Supplemental
Opposition of Robert M. Mumma, II to Rule to Show Cause and
Motion to Coordinate was served upon the following individual:
Marc J. Sonnenfeld
Morgan, Lewis & Bockius
2000 One Logan Square
Philadelphia, PA 19103
&~~:~i1r~
MARY C. LEWIS
Register of Wills &
Clerk of the Orphans' Court
JERRY R. DUFFIE, ESQ.
Solicitor
OFFICES OF
Iltgisttr of .Uhi anb aUtrk of tIlt Q\)rplJuus' mnurt
C!rnuuty of C!rumbtrlanil
COURTHOUSE, CARLISLE, PA 17013
AUGUST 23,1994
Superior Court of Pennsylvania
434 Main Capitol Building
Harrisburg,Pa. 17108
Dear Sir:
Enclosed you will find Two Notices of Appeal and certificate
of Service on the Robert M. Mumma Estate. No. 21-86-398
which were filed in the Clerk of Orphans' Court Division
Office, August 17, 1993.
Very Truly Yours,
Mary C.Lewis
Clerk of Orphans' Court
EnClosure: Notice of Appeal
Certificate of Service
Checks for docketing fees