HomeMy WebLinkAbout08-13-99
.
Robert M. Mumma, II
BoxE
Bowmansdale, P A 17008
(717) 766-6793
August 13, 1999
The Honorable Judges Olyler and Hoffer
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
To the Honorable Court:
I did not receive a copy of the Estate's Memorandum of Law until after the
hearing. Most certainly, the estate may serve any materials documents that they wish
upon me for Robert M. Mumma, III or my two other children. As the matter goes, I was
appointed by York County Court as guardian Ad Litum for all three children.
At the outset, the Estate lacks standing to re raise an issue that has already been
concluded by this Court. The issue was concluded by Judge Sheely that my motion to
revoke the disclaimer was granted. It was a final order, there has been no further appeal,
and the Estate lacks standing to raise that issue on their own. If there was such an issue, it
would be between me and my children, and my fiduciary duty to them. If this Court
would open the issue of my disclaimer and revocation of the disclaimer (which I do not
think should be reopened) I had never authorized, in accordance with Pennsylvania law,
the filing of the disclaimer, and, in fact, the only disclaimer that I authorized was for the
benefit of IRS regulations. There are other issues relative to misrepresentation and fraud
in the inducement for signing the waiver in the first place, however, at this date, I believe
that it is unnecessary because this Honorable Court came to the right conclusion, that
there is no disclaimer, without the necessity of opening all of those issues up relative to the
disclaimer itself, and how and why I signed the same.
The bottom line is, the Estate is trying to hide behind a fabricated open issue
(which there is not) to avoid giving me a final account of my father's Estate.
Whether the accounting is for me or on behalf of my children, I am still entitled to
an accounting, nevertheless. The issue relating to my disclaimer was adjudicated. If there
is any open issue, the Estate doesn't have standing in any event, and if the Estate is
interested in preserving assets and "preventing excess fees" they should not be raising
fabricated issues and requesting this Court to appoint a guardian Ad Litum to represent
my children in excess of five years after an appeal was dismissed, and six years after a final
order of the Honorable Judge Sheely. I might add that there are numerous other issues
relative to the disclaimer that would be raised if there was ever a hearing on that issue,
including distribution already made, under the will, which, in fact, in and of itself would
vitiate the disclaimer. Further, a partial accounting was made in 1992, to me, which I had
taken exceptions to. I believe that would certainly be a waiver of any issues that the
Estate is now raising regarding to whom an accounting should be made. The Executrixes
and the attorneys for the Estate are willing to go to any length to avoid being accountable
for their actions and management of my father's Estate.
Respectfully submitted,
~M..~~J)
Robert M. Mumma, II
RMMII/rm
cc: Joseph O'Conner, Jr., Esquire
Ivo Otto, III, Esquire
<I
.j
o
<I
~
.t
~
~
..
-
-
-
-
\t
n
'",
)'
'::i
~
(j~
~~~ ~...
~o [~,
"d S. l ~~
>6(ji;'
--"~Og_
-..1", ~
Ov> 0-
;:;;~~~
~ (j '"
29
~l
~l
s:
W
t!t.~ '. '
~f"'~.OO
00 ;;v.I .
VI .
..
S OUNll!'o~t
" 0 f'.. 1~
, ~lil}
"VI. ,~
." P
,. ,.."
~~~.
o~~ l\
-"'-000