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HomeMy WebLinkAbout03-05-99 IN RE: ESTATE OF ROBERT M. MUMMA, Deceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION No. 21-86-398 ORPHAN'S COURT ANSWER TO NEW MATTER OF ROBERT M. MUMMA, II Robert M. Mumma, II, pro se 6880 S.E. Harbor Circle Stuart, FL 34996 DATED: March 4, 1999. / Answer to New Matter i . Admitted 2. Admitted 3. Admitled 4. Admitted 5. Denied. RMMII signed a single disclaimer anQ forwardad it via FEDEX to Arthur Klein at Morgan Lewis and Bockius. Speclfic lnstructiQos were given that the disclaimer not be flied at the Cumberland Co~ COUlt. HOWge. RMflMLdoes not believe that the original was flied at the Cumberl~ C~o/Courthauseas avertectl:J5' Mr O'Connor, and that this fact is known to Mr. O'Connor F"urthermore, the Respondents do not claim that an original signed disclaimer Wl$properly flied, and proof of such is demanded. 6. Denied. Signing of the document did not complete the disclaimer. Indeed, the opposite advice had been given RMMII by ML&B. Additionally RMMII was never advised about the true value of the Estate, or that he could file a partial disclaimer or lhatthe Estate Intended to steal his interest$ih pennsy Suppfy Inc. For these reasons any disclaimer was fraUdently obtained ~ the Estate and Mof9$n Lewis and Bockius. RMMII never authorized the filing , and did not employ an agent to file the disclaimer. Indeed the filing was against his instruction to Klein. , '.. ";;:":";;;:;., _il . 7. Denied. Based on advice given by the Orphans CourtRMMil flied a Prea~il>e, ". " . .. ',' ~.,.:.. . . L. ': to withdraw the dOcument flied in the Cumberland County CourthO(.lse. 6. Adrnltt~ in part but the information provided is Incomplete and the complete record ilthE; trti~ ~eoord. However, Mr.' Frey denies that fle has any further responsibility 11'1 this matter. . 9. Adhtllfed 10. Adml1t~ i I I .~).kc"...,', , ,'lqe.~i\il~>~'" ,. ," ",.". -' ..'.", L' "., U;): 11. The complete record will respond to this. 12.See 11. 13. See 11. 14. Denied. There is nothing left to decide. The disclaimer if it was ever properly filed, was revoked with the permission of the Court. This matter has been appealed twice and upheld. The last time was six years ago. This is merely an attempt to delay the accounting that was required prior to any distribution from the Estate. 15. Denied. This disclaimer was revoked in 1989 and the Estate is using this issue only to avoid the accounting. The Estate has no standing in this matter,has never raised this issue, and is prevented from doing so now. 16. Denied. There is a proper procedure for the filing of accounts. It is clearly spelled out under Supreme Court~han's Court Rules, Pennsylvania Rules of Court, and the Local Rules of the Cumberland County Court. This is a further effort to delay the unmaski~~ of ,"I~ massive fraud. 17. 9r~ied. Tflis Court has already decided that it was proper for RMMII to revoke his 4isclaimer. The Estate has not raised this issue before, and should be prevented from raising it now. This is merely another attempt to delay an accounting. 18. Denied. Respondents are directed to Rule 5 of the Pennsylvania Rules of Court. WHEREFORE, Robert M. Mumma,1I respectfully requests that the Court Recognize the previous decision of the Court that the disclaimer was revoked. Deny the request for a guardian ad Litem. Order that the accounting of the Executrixes be immediately prepared, presented to the Court, and objections be heard and that the Executrixes be enjoined from distribution of any Estate assets until securing prior approval as required. That all prior distributions to Trusts be returned to the Estate, and that the Executors be immediately removed . RESPECTFULLY SUBMITTED: h .tv-'''~, - Robert M. Mumma, II, pro 6880 S.E. Harbor Circle Stuart, FL 34996 DATED: March 4, 1999. ,,-"'"' \r se Verification I, Robert M. Mumma, II hereby verity thai the averments in the foregoing anSWer are true and correct to the best of my knowledge, inforrnatiDn and belief. I ~knowlectge that tAis verification is made subject to the penalties of 18 Pa. C>S> relating to unsworn falsification to authorities. Dated:fWuxJ{ 1; rw ~,~ Certificate of Service / The undersigned certifies that a true and correct copy of the foregoing answer and new matter was selVed by first- class mall, postage prepaid upon the following: Ivo Otto, iii Ten East High Street Carlisie, Pennsylvania 17013 lltf;JMM~ Dated:March iL 1999 .",.,., I.."