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F\FILES\DA T AFILE\Mumma 58441 (estate) 8747 (Kim)\5844.IMumrna El!-tl>te\5S44. \ .Petition fOT Auditorwpd
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
IN RE ESTATE OF
ROBERT M. MUMMA,
ORPHAN'S COURT DIVISION
Deceased.
NO. 21-86-398
Petition for Appointment of Auditor
AND NOW come Barbara McK. Mumma and Lisa M. Morgandetitionerl'."who
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represent, through their counsel, as fOllOWS:'5,~ k fR e:i
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1. Petitioners are Executrices ofthe above captioned Estateb ~ ~ ch ';}:18
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2. Petitioners filed a Fourth and Final Account (the "Acco~~ on Ja~ary ~~ ;:E}
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2004. .c- -,..,
3. Objections to the Account were filed by Robert M. Mumma II ("Mr. Mumma
II") on or about May 27,2004.
4. The objections filed by Mr. Mumma II to the accounting of the Estate raise
questions of fact.
5. Cumberland County Orphan's Court Rule 6.10-2 (a) requires the filing of a
petition for, and the appointment of, an Auditor to pass upon the objections.
6. The above captioned Estate has been open since 1986, during which time there
have been numerous lawsuits, which have involved varying degrees of discovery, motions practice
and testimony, and many of which present overlapping allegations by Mr. Mumma II of misconduct
on the part of various persons and entities, including Petitioners. Numerous local attorneys have
been involved in these matters representing the parties thereto, and, accordingly would be
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to serve as Auditor.
WHEREFORE, the Executrices respectfully request that this Honorable Court to
schedule a conference among counsel for Petitioners and Mr. Mumma II with a view toward
identifYing an appropriate individual to act as Auditor to pass upon the objections.
Respectfully submitted,
~~
Ivo V. Otto, III
MARTSON, DEARDORFF, WILLIAMS
& OTTO
10 East High Street
Carlisle, PAl 70 13
71 7-243-334 1
Joseph A. O'Connor, Jr.
Brady 1. Green
MORGAN, LEWIS & BOCKIUS LLP
170 I Market Street
Philadelphia, PA 19103-2921
215-963-5212, 5079
Attorneys for Barbara McK. Mumma
Lisa M. Morgan
. .
CERTIFICATE OF SERVICE
I, Jacqueline A. Decker, an authorized agent of Marts on Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Petition for Appointment of Auditor was served this date by
depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as
follows:
Daryl 1. Christopher, Esquire
840 Market Street
Lemoyne, PA 17043
Kirk S. Sohonage, Esquire
840 Market Street
Lemoyne, P A 17043
MARTS ON DEARDORFF WILLIAMS & OTTO
d.
I ne A. Decker
en ast High Street
Carlisle, P A 17013
(717) 243-3341
Dated: 1/5/05