HomeMy WebLinkAbout09-22-03
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
INRE ESTATE OF
ROBERT M. MUMMA,
ORPHANS' COURT DIVISION
Deceased.
NO. 21-86-398
RESPONSE OF BARBARA McK. MUMMA AND LISA M. MORGAN
TO NOTICE OF UNTIMELINESS OF EXCEPTIONS
Barbara McK. Mumma ("Mrs. Mumma") and Lisa M. Morgan ("Mrs. Morgan"),
executrices of the estate and trustees under the will of Robert M. Mumma, deceased ("Mr.
Mumma, Sr."), respond as follows to Robert M. Mumma, II ("Mr. Mumma, II")'s notice of
untimeliness of exceptions:
I. Admitted.
2. Denied. The allegations of this paragraph constitute legal conclusions to
which no response is required. Moreover, Orphans' Court Rule 7.1 is in writing and speaks for
itself. All characterizations thereof are denied.
3. Admitted.
4. Denied. The allegations of this paragraph constitute legal conclusions to
which no response is required. By way of further response, the original exceptions to the
February 23, 2000 order were timely filed on March 3, 2000. Those exceptions have not yet
been ruled upon. The amended and restated exceptions were intended simply to provide to the
Court information regarding subsequent proceedings relating to the February 23, 2000 and the
grounds for the exceptions.
5. Denied. Mrs. Mumma and Mrs. Morgan incorporate by reference herein the
averments in and exhibits to their amended and restated exceptions filed on July 28, 2003. By
way of further response, it is denied that any York County court has ruled upon the question of
whether a guardian ad litem should be appointed for Mr. Mumma, II's children in respect of
their interests in Mr. Mumma, Sr.' s estate or the trusts established under his will.
WHEREFORE, Mrs. Mumma and Mrs. Morgan request that the Court enter the
relief requested in their amended and restated exceptions to the Court's order of February 23,
2000.
r--
Ivo V. Otto, III
MARTSON DEARDORFF WILLIAMS & OTTO
10 East High Street
Carlisle, P A 17013
717.243.3341
Joseph A. O'Connor, Jr.
Brady L. Green
MORGAN, LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, PA 19103-2921
215-963-5212,5079
Attorneys for Barbara McK. Mumma
Lisa M. Morgan
CERTIFICATE OF SERVICE
I, Steven 1. Shanahan, an authorized agent for Martson Deardorff Williams & Otto,
hereby certiry that a copy of the foregoing Response was served this date by depositing same in
the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
James J. West, Esquire
105 North Front Street
Suite 205
Harrisburg, P A 17101
MARTSON DEARDORFF WILLIAMS & OTTO
By 4 / .P)J~_
Steven 1. Shanahan
Ten East High Street
Carlisle, P A 170 I3
(717) 243-3341
Dated:.&r~V\ 221 2o(J3