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HomeMy WebLinkAbout02-26-99 1-- F:\Fll,ES\DA TAlO'lLE\ESTATHS\ss.u.N1'P.l Creatod: 02125199 04:57:28 PM Re\-ised: 02!2S1990S:09:16PM INRE: ESTATE OF ROBERT M. MUMMA, IN THE COURT OF COMMON PLEAS OF OFCUMBERLANDCOUNTY,PENNSYL VANIA Deceased, ORPHAN'S COURT DIVISION NO.21-86-398 ORPHAN'S COURT NOTICE TO PLEAD TO: ROBERT M. MUMMA, II, Petitioner YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER OF BARBARA McK. MUMMA AND LISA M. MORGAN, RESPONDENTS HEREIN, TO PETITION FOR ACCOUNTING WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU , . ~/2 0:"- ..:::, 0\ .: ~ p, ~:5 r...J c.; MARTSON DEARDORFF WILLIAMS & OTTO B,,~~r- Ten East High Street Carlisle, PA 17013 (717) 243-3341 ~.J ..:> '-D N ::!:l W "- Attorneys for Barbara McK. Mumma and Lisa M. Morgan Date: February 26, 1999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IN RE ESTATE OF ROBERT M. MUMMA, ORPHANS' COURT DIVISION Deceased. NO. 21-86-398 ANSWER AND NEW MATTER OF BARBARA McK. MUMMA AND LISA M. MORGAN TO PETITION OF ROBERT M. MUMMA. II FOR ACCOUNTING Respondents Barbara McK. Mumma ("Mrs. Mumma") and Lisa M. Morgan ("Lisa") hereby respond as follows to the petition of Robert M. Mumma, II ("Robert II") for accounting in accordance with the numbered paragraphs thereof: Answer 1. Admitted. 2. Denied as stated. On March 13, 1991, Robert II filed with this Court a petition to compel accountings with respect to the estate of and trusts created under the will of Robert M. Mumma, Sr. (''Mr. Mumma, Sr.''). 3. Admitted in part, denied in part. It is admitted that an interim accounting was filed with respect to Mr. Mumma, Sr.'s estate in August 1991. Interim accountings for the trusts under Mr. Mumma, Sr. "swill also were filed at that time. It is further admitted that no further accountings have been filed since that time. The allegation that no further accountings have been "presented" since 1991 is vague and ambiguous. Robert II has not been provided with copies of any accountings covering time periods after that date. 4. Admitted in part, denied in part. It is admitted that an accounting covering the period between August 1991 and March 1994 has been prepared. That accounting has not been filed. It is denied that Robert II has not received information from the executrices or their counsel. On the contrary, both the executrices and their counsel have on numerous occasions provided Robert II with financial and other information regarding assets now or formerly owned by the family members or the family-owned corporations. 5. Denied. The alIegations ofthis paragraph constitute legal conclusions to which no responsive pleading is required and are, therefore, denied. To the extent that a further response is required, Mrs. Mumma and Lisa are, after reasonable investigation, without information sufficient either to admit or to deny the alIegations of this paragraph. New Matter 1. Robert M. Mumma, Sr. ("Mr. Mumma, Sr.") died testate on April 12, 1986. 2. Mr. Mumma, Sr.left a Last WiII and Testament dated May 19, 1982, with a codicil dated October 12, 1984 (colIectively, the "WiII"), both of which were probated. 3. Mr. Mumma, Sr.'s widow, Barbara McK. Mumma ("Mrs. Mumma"), and his youngest daughter, Lisa M. Morgan ("Lisa") were named as executrices of and trustees of two trusts under the WiII. 4. Mr. Mumma, Sr.'s four children -- Robert M. Mumma, II ("Robert II"), Barbara M. Mumma ("Barbara"), Linda M. Mumma ("Linda") and Lisa -- were named as remaindermen of the trusts created under the WiII. 2 5. On January 6, 1987, Robert II executed a disclaimer of his interest under Mr. Mumma, Sr. 's Will. 6. Upon Robert II's execution ofthe disclaimer, his minor children became, in his place, remaindermen of the trusts established under Mr. Mumma, Sr.' sWill. 7. On June 20,1989, Robert II filed in this Court a petition to revoke the disclaimer. 8. Robert II's petition to revoke the disclaimer was opposed by Robert M. Frey, Esquire. On December 19, 1988, Mr. Frey had been appointed guardian ad litem for minor beneficiaries under the Will, including the minor children of Robert II, "with authorization to represent said minor persons in all matters pertaining to the sale of [businesses of Mr. Mumma, Sr.] and the actions. . . pertaining thereto. . . and in any further or other proceedings relating to or arising out of such matters." 9. Robert II has three minor children. Upon information and belief, two of those minor children, Susan M. Mumma and Marguerite M. Mumma, reside with Robert II and his current wife. 10. Robert II's third minor child is Robert M. Mumma, III ("Robert III"). Upon information and belief, Robert II and his former wife, Sally Osler Songster, have shared custody of Robert III. Also upon information and belief, Robert III resides primarily with Ms. Songster. 11. By Opinion and Order dated November 17, 1989, President Judge Sheely granted Robert II's petition to revoke the disclaimer. Mr. Frey's appeal from Judge Sheely's ruling was remanded by the Superior Court on January 7, 1991 "for determination of exceptions pending in the trial court." 3 12. On March 21, 1991, Judge Sheely entered an Opinion and Decree Nisi directing that Robert II be permitted to revoke his disclaimer. On July 21,1993, Judge Sheely denied Mr. Frey's exceptions to the March 21, 1991 ruling. 13. In a Memorandum filed July 18, 1994, the Superior Court dismissed Mr. Frey's appeal from the denial of his exceptions on the ground that "Mr. Frey lacks standing to appeal the decision to revoke [Robert Ill's disclaimer. . . ." 14. As a consequence of the ruling of the Superior Court that Mr. Frey lacked standing to litigate on behalf of minor persons interested in the Will of Mr. Mumma, Sr. the validity of Robert II's revocation of his disclaimer, those issues have never been finally adjudicated. 15. Absent a final adjudication of the validity of Robert II's revocation of his disclaimer, Mrs. Mumma and Lisa are unable to identifY those interested persons to whom they must account as executrices of and trustees under Mr. Mumma, Sr.'s Will. Moreover, the identities of the remaindermen of the trusts established under the Will remain uncertain. 16. In order to meet their obligations as executrices of and trustees of trusts under the Will, Mrs. Mumma and Lisa must serve any documents pertaining to any accounting upon persons interested in Mr. Mumma, Sr.'s estate or the trusts established under his Will. 17. If it is determined that Robert II's revocation of his disclaimer was invalid, Robert III will be a remainderman of the trusts under Mr. Mumma, Sr. 's Will. 18. Mrs. Mumma and Lisa are uncertain as to the current residence and custody arrangements for Robert III and request the guidance of the Court regarding the address at which they must serve upon Robert III any such materials as may be required. 4 WHEREFORE, Mrs. Mumma and Lisa respectfully request that the Court appoint a guardian ad litem to represent Robert II's minor children with respect to a determination ,of the validity of Robert II's revocation of his disclaimer. Mrs. Mumma and Lisa further request that the Court enter an order that they are entitled to serve any materials to which Robert III may be entitled upon him care of Robert II at the latter's address at Box 58, Bowmansdale, Pennsylvania. Jpseph A. O'Connor, Jr. J-1arc J. Sonnenfeld Brady L. Green MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103-2921 (215) 963-5212, 5572, 5079 ~\~ Ivo V. Otto, III MARTS ON, DEARDORFF, WILLIAMS & OTTO 10 East High Street Carlisle, PA 17010 (717) 243-3341 Attorneys for Barbara McK. Mumma and Lisa M. Morgan 5 VERIFICATION I, Joseph J. O'Connor, Jr., hereby verify that: (a) I am counsel for BarbaraMcK. Mumma and Lisa M. Morgan in the above-referenced matter; (b) Barbara McK. Munnna and Lisa M. Morgan are outside the jurisdiction of the Court and the verification of neither can be obtained within the time required for the filing of the foregoing answer and new matter; and (c) the averments in the foregoing answer and new matter are true and correct to the best of my knowledge, information and belief. I acknowledge that this verification is made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Dated: February J:.-1.1999 6 CERTIFICATE OF SERVICE The undersigned counsel for Barbara McK. Mumma and Lisa M. Morgan c.ertifies that a true and correct copy of the foregomg answer and new matter was this Zc,th day of February, 1999, served by first-class mail, postage prepaid, upon the following: Robert M. Mumma, IT Box 58 Bowmansdale, P A J 7008 - and- 6880 SE Harbor Circle Stuart, FL 34996 ~~ Ivo V. Otto, ill Attorney for Barbara McK. Mumma and Lisa M. Morgan 7 ; ;"";";','". :::L;,;:, :i;'j~i.lliij;~J:i~i;"';:";;; ~I.,I,'",;""""""!,~,, . . ...ii4,;.t~"-f"'"