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HomeMy WebLinkAbout03-14-00 IN RE: ESTATE OF ROBERT M. MUMMA, Deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-86-398 " RULE TO SHOW CAUSE AND NOW, this ~ day of /AJ.M.A ,2000, upon consideration of Exceptants' Exceptions to Adjudication, a RULE is hereby entered upon Robert M. Mumma, II to show cause why the Exceptions to Adjudication should not be granted to the Exceptants concerning the appointment of a guardian ad litem for Robert M. Mumma, II's minor children. RULE RETURNABLE in ;a dayst f}~ . \~le~. BY THE COURT, ~ """l co 3~ 15 .!!2 ";7 u.>s; 0\ ,:> 0:<: , . :):>. 0 c:} '0 '<:r V U', q WiD ~ (iJ Ow ~ ....- , 00> ~.Q ~& ~ ~~ F.\PJUlSIDATAFU..E\Gerodoc.em'6M4-exc_2 IN RE: ESTATE OF ROBERT M. MUMMA, Deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-86-398 EXCEPTIONS TO ADJUDICATION TO THE HONORABLE; THE JUDGES OF THE SAID COURT: AND NOW, this _ day of March, 2000, pursuant to Pa. O. C. Rule 7.1 and C.C.O.C. Rules 7.1-1 and 7.1-2, the Exceptants, Barbara McK. Mumma ("Mrs. Mumma") and Lisa M. Morgan ("Mrs. Morgan"), as executrices of the Estate and trustees under the will of Robert M. Mumma, deceased ("Mr. Mumma, Sr."), except as follows to the adjudication in the Order and Opinion of this Court, George E. Hoffer, P.J., dated February 23, 2000: J. The Honorable Judge erred in denying Mrs. Mumma and Mrs. Morgan's petition for the appointment of a guardian ad litem for Robert M. Mumma, II ("Mr. Mumma, II'')'s children, all of whom are minors. 2. There is no dispute, and President Judge Sheely previously ruled, that Mr. Mumma, II filed a disclaimer of his interests under Mr. Mumma, Sr.'s will in favor of his minor children. 3. In order to be effective for federal tax purposes, that disclaimer was required to be irrevocable. 4. Nonetheless, Mr. Mumma, II sought, and Presid~nt Judge Sheely granted, permission to revoke his disclaimer. 5. Mr. Mumma, II's request to revoke his disclaimetWllll.....i;Pntestedonly by RobertM. ,-c',". Frey, Esquite,.purporting to act as guardian ad litem for Mr. MUI11l11a,.Inslninor children. .i;iiKi/the Superior Court held that Mr. Frey lacked~~Iir!'J(J litigate the issue of the ~. ...,. ., . ,;,':'1" ~ "/i; validitYo~ ....,:~tidll\lfthe disclaimer. ';,1" , ,<.\: 7. As a consequence, the issue of the validity of the revocation has never been litigated on behalf of Mr. Mumma, Ii's minor children by anyone having standing to do so. 8. The issue whether Mr. Mumma, II effectively revoked his disclaimer bears directly, and dispositively, upon the identity of those persons to whom Mrs. Mumma and Mrs. Morgan must account and who are beneficiaries under the will of Mr. Mumma, Sr. 9. Mrs. Mumma and Mrs. Morgan believe that they have a fiduciary duty to make sure that the issue of the validity of the revocation, due to its centrality to the proper administration of Robert M. Mumma's estate and the trusts established under his will, has been fully litigated by persons having standing to do so. 10. There is no alternative means by which the minor children's arguments can be heard and their rights protected, or by which the proper beneficiaries might be identified. II. Mrs. Mumma and Mrs. Morgan do not except to the portion of the February 23, 2000 opinion and order directing them to file accountings, except to the extent that they are ordered to account to Mr. Mumma, II prior to a final determination of his entitlement to receive an accounting and his status as a beneficiary under his father's will. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO BY~~ Ivo . Otto III, Esquire 1.0. No. 27763 Mark A. Denlinger, Esquire 1.0. No. 83794 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: March 0 ,2000 Attorneys for Exceptants CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy of the foregoing Exceptions to Adjudication was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Robert M. Mumma II BoxE Bowmansdale, P A 17008 MARTSON DEARDORFF WILLIAMS & OTTO line A. Decker Te t High Street Carlisle, PA 17013 (717) 243-3341 Dated: March ~ , 2000 cr.J.iF' r:;1l;C .00 tsciJ H~}(;Oi,., :~ . IN HE: ESTATE OF ROBERI' M. Mli'IMA DOCEASED IN THE COURT OF COMMJN PLEAS OF CUMBERlJIND COUNTY, PENNSYLVANIA ORPHANS' COURl' DIVISION 00. 21-86-398 RULE WE COMMAND, YOU THAT laying aside all business and excuses whatsoever, you be and appear in your proper person before the Honorable Judges of the COlNlOn Pleas Court, Orphans' Court Division at a session of the said Court there to be held, for the county of Cumberland to shCM' cause why the Exceptions to Adjudication should not be grant.ed to the Exceptants concerning the appointment of a guardian ad litem for Robert M.MUIlIllo3., II's minor children. RULE RETURNABLE in 30 days, from service. Witness my hand and offi,;,ial seal of office at Carlisle, Pennsylvania this 14th day of March, 2000. 'f77~~. xL.~ DiP. P.R.~t. Mary C 1S' - -~ Clerk of Orphans' Court Division Cumberland County Carlisle"pa.