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IN RE: ESTATE OF
ROBERT M. MUMMA,
Decp,ased
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DMSION
NO. 21-86-398
STATEMENT OF MATTERS COMPLAINED OF ON APPEAL
AND NOW, come the Respondents, Lisa M. Morgan and Barbara McK. Mumma,
Executrices of the Estate of Robert M. Mumma, by their attorneys, MARTS ON DEARDORFF
WILUAMS & OTTO, and me the following statement of matters complained of on appeal
pursuant to the Order dated March 27, 2000, and Pa.R.A.P. 1925(b), set forth below:
I. MATTERS ON APPEAL:
1. The Court erred 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 minor children
to litigate the question of whether Mr Mumma, II validly revoked his disclaimer of his interest under
the will of Robert M. Mumma, Deceased, in light of the fact that the issue:
(a) has never been litigated by persons with standing to do so on behalf
of such minor children and;
(b) 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.
2. 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 wiIl, has been fuIly litigated by
persons having standing to do so.
II. GENERAL PROCEDURAL POSTURE:
3. On or about March 6,2000, Respondents filed Exceptions to the Order of
Court dated February 23,2000, pursuant to Pa. O. C. Rule 7.1 and C.C.O.c. Rules 7.1-1 and 7.1-2,
whereby the Respondents took exception to the same issues and matters complained of herein.
4. On or about March 24, 2000, Respondents filed a Notice of Appeal in tlus
matter in order to preserve all rights on appeal and avoid waiver of any rights on appeal with respect
to the issues and matters complained of herein.
III. AUTHORITY:
5. Respondents incorporate the authorities cited in their Briefs and Memorandum
of Law previously filed in tltis matter.
Respectfully submitted,
MARTSON DEARDORFF WILLIAMS & OTTO
BYIf~tt~~
J.D. No. 27763
Mark A. Denlinger, Esquire
I.D. No. 83794
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: April 6, 2000
Attorneys for Respondents
CERTIFICATE OF SERVICE
1, Jacquehne A. Decker, an authorized agent ofMartson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Statement of Matters Complained of on Appeal 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 IT
BoxE
Bowmansdale, P A 17008
Mr. Robert M. Mumma, IT
6880 S.E. Harbor Circle
Stuart, FL 34996
Honorable George E. Hoffer
Courthouse Square
Cumberland County Courthouse
Carlisle, P A 17013
Mr. Richard 1. Pierce
Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Carlisle, P A 17013
MARTSON DEARDORFF WILLIAMS & OTTO
(~r;UH:.;l(
r)C!'\'
B~J(7~
cq ine A. Decker
. en ,t ~gh Street
Carlisle, P A 17013
(717) 243-3341
.00
Dated: April 6, 2000
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