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HomeMy WebLinkAbout04-30-08~ F:\FILES\Clients\Mumma 5844.1 (estate) 8747 (Kim)\5844. LMurtuna Fstazc\5844. Lmotioncompel.wpd/n6n Created: 9/20/04 0:06PM Revised: 4/29/08 4:26PM 58445 George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Jfaller a,martsonlaw.com Attorneys for Barbara McK. Mumma and Lisa M. Morgan, Co-executrixes of the Estate of Robert M. Mumma ?fjCO ~tl ~ J~ ~~ 8. 39 c: ,~ t 1.: ~ , ,,~.~ - - ~;,, IN RE ESTATE OF IN THE COURT OF COMMON PLEAS OF ROBERT M. MUMMA CUMBERLAND COUNTY, PENNSYLVANIA Deceased NO. 21-86-398 ORPHAN'S COURT DIVISION EXECUTRIXES' MOTION TO COMPEL NOW comes Barbara McK. Mumma and Lisa M. Morgan, Co-executrixes of the Estate of Robert M. Mumma, by and through their attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby aver as follows: 1. On or about December 4, 2007, counsel for the Executrixes served Objector Robert M. Mumma, II with Interrogatories. A true and accurate copy of said Interrogatories is attached hereto as "Exhibit A." 2. On or about March 4, 2008, a duplicate set of Interrogatories, was sent to Mr. Mumma, II reminding him that he had not answered the request. 3. On both dates, the Interrogatories were sent to Mr. Mumma, II, at the following addresses: Box 58, Bowmansdale, PA 17008; 840 Market Street, Suite 164, Lemoyne, PA 17043; and 6880 S.E. Harbor Circle, Stuart, FL 34996. 4. The Executrixes' Interrogatories were reasonably calculated to lead to information necessary for their defense against the objector, Mr. Mumma, II. 5. The requests are not unreasonably burdensome, overly broad, or oppressive. 6. A discovery deadline has been set by the Court for May 31, 2008. ~~~ , ` f 7. The Executrixes request that Robert M. Mumma, II, be ordered to answer their Interrogatories, or in the alternative, that this matter be referred to the Auditor promptly and dealt with before the discovery deadline. 8. Mr. Mumma, II, was contacted by letter that this Motion would be filed. It is not expected that he concurs with the relief sought and he has filed objections to other discovery sent by the Executrixes this month. 9. Pursuant to Local Rule 208.3(a)(2), the Honorable J. Wesley Oler has been previously assigned to this case. WHEREFORE, the Executrixes request that the Court enter an Order compelling Robert M. Mumma, II, to answer the Interrogatories within fifteen (15) days of the date the Order is issued, or in the alternative, to refer this matter to the Auditor, Taylor Andrews, for immediate disposition. Respectfully submitted, MARTSOW ~O~FFICES ~° By 4'.. ! George B. Faller, ., Esquire I.D. Number 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Apri129, 2008 Attorneys for Barbara McK. Mumma and Lisa M. Morgan, Co-executrixes of the Estate of Robert M. Mumma George B. Faller, Jr., Esquire I.D. No. 49813 Katie J. Maxwell, Esquire I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for the Estate IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF ROBERT M. MUMMA, DECEASED :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 1986 - 0398 INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO: Robert M. Mumma, II. Enclosed are lnterrogatories propounded by the Estate to be answered under oath by Robert M. Mumma, II pursuant to Pa. R.C.P. No. 4005, within thirty (30) days from the date of service hereof. A copy of said Answers shall be served upon counsel for the Estate at the address below. These Interrogatories shall be deemed to be continuing Interrogatories and if, between the time of your Answers to said Interrogatories and the time of trial of this case, you or anyone acting in your behalf learn of any further information not contained in your said Answers, you shall promptly furnish said information to the undersigned by supplemental answers. As used herein, the word "you" or "your" includes your attorneys, representatives, insurers, and all others purporting to act on your behalf. Unless otherwise specified, response to the following Interrogatories shall give the requested information for the period from 1986 to the present (hereinafter sometimes referred to as the "time period"). It is hereby certified that a true and correct copy of these Interrogatories was mailed to Robert M. Mumma, II on this date by the undersigned. EXHIBIT "A" MARTSON LAW OFFICES By___1~~- ~C.c. Katie J. xwell, Esqui e George B. Faller, Jr., Esquire I.D. No. 49813 Ten East High Street Carlisle, FA 17013 (717) 243-3341 Attorneys for the Estate Date: March ~, 2008 i t ~ 1. State: (a) Your age and date of birth; (b) Your social security number; and (c) All addresses at which you have resided for the past ten years, setting forth the periods of residence at each address. ANSWER: 2. State the names, ages, current addresses and social security numbers of all your issue. ANSWER: 3. Do you contend that Barbara McK. Mumma and/or Lisa M. Morgan have engaged in self-dealing with respect to the Estate and/or the Trusts? If so: (a) identify each action you contend constituted self-dealing; (b) state in detail the factual basis for such contention; (c) identify ali persons have knowledge of the facts relating to such contention; (d) identify all documents supporting or relating to such contention; and (e) produce all documents supporting or relating to such contention that were not produced by the Estate and/or the Trusts in this proceeding. ANSWER: 4. Do you contend that Barbara McK. Mumma and/or Lisa M. Morgan have mismanaged any asset of the Estate andJor the Trusts? Tf so: (a) identify each asset as to which you make this contention; (b) state in detail the factual basis for such contention; (c) identify all persons have knowledge of the facts relating to such contention; (d) identify all documents supporting or relating to such contention; and {e) produce all documents supporting or relating to such contention that were not produced by the Estate and/or the Trusts in this proceeding. ANSWER: 5. Do you contend that Barbara McK. Mumma and/or Lisa M. Morgan have breached any fiduciary obligations to the Estate, the Trusts and/or any beneficiaries? If so: (a) identify each action you contend constituted such a breach; (b) state in detail the factual basis for such contention; (c) identify all persons have knowledge of the facts relating to such contention; (d) identify all documents supporting or relating to such contention; and (e) produce all documents supporting or relating to such contention that were not produced by the Estate and/or the Trusts in this proceeding. ANSWER: 6. Do you contend that either of the Trusts is over- or underfunded? If so: (a) state in detail the factual basis for such contention; (b) identify all persons have knowledge of the facts relating to such contention; (c) state the amount of any such alleged over- or underfunding; (d) identify all documents supporting or relating to such contention; and (e) produce all documents supporting or relating to such contention that were not produced by the Estate and/or the Trusts in this proceeding. ANSWER: 7. Do you contend that any exercise of the 5% withdrawal power granted to Barbara McK. Mumma under the will of Robert M. Mumma with respect to the Marital Trust was invalid or otherwise not properly made? If so: (a) identify by date all exercises as to which you make this contention; (b) state in detail the factual basis for such contention; (c) identify all persons having knowledge of the facts relating to such contention; (d) identify all documents supporting or relating to such contention; and (e) produce all documents supporting or relating to such contention that were not produced by the Estate andlor the Trusts in this proceeding. ANSWER: 8. Do you contend that any of the accounts filed to date with respect to the Estate and/or the Trusts incorrectly states the ownership of any asset listed therein? If so: (a) identify all assets as to which such contention is made: (b} persons or entities you contend own the asset(s) in question; (c) state in detail the factual bases for your contention; (d) identify all documents supporting or relating to such contention; and (e) produce all documents supporting or relating to such contention that were not produced by the Estate and/or the Trusts in this proceeding. ANSWER: 9. Are you seeking removal of Barbara McK. Mumma and/or Lisa M. Morgan as Executrices or Trustees? If so: this regard; (a} identify all grounds upon which you intend to seek removal; (b) state in detail the factual bases supporting your allegations or contentions in (c) identify all persons having knowledge of the facts relating to such allegations or contentions; (d) identify all documents supporting or relating to such allegations or contentions; and (e) produce all documents supporting or relating to such allegations or contentions that were not produced by the Estate and/or the Trusts in this proceeding. (d) produce all documents supporting or relating to such allegations or contentions. ANSWER: 1 10. Do you contend that any asset listed on any of the accounts for the Estate and/or the Trusts has not been properly valued? If so: (a) identify all assets as to which the contention is made; (b) state the factual bases for your contention as to each such asset; (c) state the what you believe to be the actual or appropriate value of the asset; (d) identify all documents supporting or relating to such contention; and (e) produce all documents supporting or relating to such contention that were not produced by the Estate and/or the Trusts in this proceeding. ANSWER: 11. Do you assert or base any contention or allegation in these proceedings upon any written agreement, document, contract or other document of which you do not currently possess either the original or a copy? If so: (a) identify the document by title, type, date, parties and subject matter; (b) state the date on and location in which you last saw the original of the document; (c) state the date on and location in which you last saw a copy of the document; (d) state the manner in which you believe the document supports your contentions or allegations; and (e) produce all documents relating or referring to such document. ANSWER: ' ~ ~ + 12. Please state the caption and docket numbers for every lawsuit or other proceeding you have filed against Barbara McK. Mumma, Lisa M. Morgan, the Estate, the Trusts and/or any business or entity in which Barbara McK. Mumma, Lisa M. Morgan, the Estate or the Trust owns or owned stock or other interest. ANSWER: ~. t' , 13. In addition to any documents whose production is required above, produce all documents: (a) you intend to offer as an exhibit or otherwise in these proceedings; (b) that relates, pertains or refers to any argument, issue, contention or allegation have made or intend to make in the above-referenced proceeding; (c) relating, pertaining or referring to the Estate or the Trusts that was not produced to you by Barbara McK. Mumma, Lisa M. Morgan, their counsel, or Hadley & Company in this action. ANSWER: ,. 1' ~ 14. If you intend to use any admission(s) of a party at trial: (a) identify such admission(s); and (b) produce all documents relating or referring to such admission(s). ANSWER: "'~ ~ l 5. Do you intend to seek surcharge of Mrs. Mumma or Mrs. Morgan in this proceeding? If so: (a) identify all transactions or issues as to which you seek surcharge; (b) state the factual bases which you contend would support a surcharge; (c) the factual your damages in the above-captioned action; (d) the amount (and the manner of calculation of that amount) of surcharge you intend to seek for each such transaction or issue; and (f) if you contend that you are unable to compute or state the amount(s), explain why you are unable to make such a computation. ANSWER: ~ ~ `f# VERIFICATION I, Katie J. Maxwell, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Estate of Robert M. Mumma in the within action, certifies that the statements made in the foregoing Motion to Compel are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. /-z,/~l~ a.~z.~ . Katie J xwell, E quire ,~""~~ CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, and authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Executrixes's Motion to Compel was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Robert M. Mumma, II Box 58 Bowmansdale, PA 17008 Mr. Robert M. Mumma, II 6880 S.E. Harbor Circle Stuart, FL 34996-1968 Mr. Robert M. Mumma, II 840 Market Street, Suite 164 Lemoyne, PA 17043 Ralph A. Jacobs, Esquire JACOBS & ASSOCIATES, LLC 1515 Market Street, Suite 705 Philadelphia, PA 19102 (Attorney for Barbara Mann Mumma) Brady L. Green, Esquire MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103-2921 Attorney for Estate and Executrixes) Ms. Linda Mumma Roth P.O. Box 480 Mechanicsburg, PA 17055 Taylor P. Andrews, Esquire ANDREWS & JOHNSON 78 West Pomfret Street Carlisle, PA 17013 (Court-Appointed Auditor) MAR~B~JN LAW OFFICES r ,- "-~ ~ '~ B ~ ~' Tricia D. Eckenroa2l _ ,' ~ 10 East High Street Carlisle, PA 17013 Date: 4/29/08 (717) 243-3341