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HomeMy WebLinkAbout09-11-085844.1. motioncompelBMM. doc/tde Revi:>ed: 9/2/08 5844.5 George B. Faller, Jr., Esquire ~-~ "= -~ I.D. No. 49813 - -'~ `° ~ `' `~'' MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER =' ~ ` ~ _ `~ j =~~ MARTSON LAW OFFICES ;~_~ = a (~ r 10 East High Street %~ _ ~_ -~ Carlisle, PA 17013 t-~ -: -~ ~~ ,~. ~~, - ~ --, _~ (717) 243-3341 - _ ~fa.ller~%martsonlaw.co~n _~ :~ ca 4 . % ~7 sIa Attorneys for Barbara McK. Mumma and Lisa M. Morgan, Co-executrices of the Estate of Robert M. Mumma 1N RE ESTATE OF IN THE COURT OF COMMON PLEAS OF ROBERT M. MOMMA CUMBERLAND COUNTY , PENNSYLVANIA Deceased NO. 21-86-398 ORPHAN'S COURT DIVISION MOTION OF BARBARA McK. MOMMA AND LISA M. MORGAN TO COMPEL DISCOVERY RESPONSES FROM BARBARA M. MOMMA AND NOW, Lisa Mumma Morgan and Barbara McK. Mumma hereby move as follows fo:r an Order compelling Barbara M. Mumma to respond to discovery: 1. Mrs. Mumma and Mrs. Morgan are Executrices of the Estate of Robert M. Mumma and Trustees under his will. 2. Mrs. Mumma and Mrs. Morgan have filed accounts with respect to the Estate and the Trusts. 3. Barbara M. Mumma has filed objections to the accounts. 4. On April 11, 2008, counsel for the Executrices served Barbara M. Mumma with Interrogatories and Request for Production of Documents. A true and accurate copy of said discovery requests is attached hereto as Exhibit "A." 5. The Court set a discovery deadline of May 31, 2008, in this matter. 6. On April 30, 2008, counsel for the Executrices served Objector Barbara M. N[umma with Supplemental Interrogatories and Request for Production of Documents. A true and accurate copy of said discovery requests is attached hereto as Exhibit " B." 7. Both sets of the Interrogatories and Requests for Production of Documents sought information regarding the nature of and bases for Barbara Mumma's objections to the accounts. 8. To date, Barbara Mumma has not served substantive answers to the interrogatories or produced any documents in response to the discovery, nor has she served objections or otherwise responded to the discovery. 9. Counsel for Mrs. Mumma and Mrs. Morgan has spoken with counsel for Barbara Mumma on several occasions regarding the status of responses to the discovery. 10. Among other communications, during a conversation on July 9, 2008, counsel for Barbara Mumma advised that responses would be served by July 25, 2008. Counsel for Mars. Mumma and Mrs. Morgan advised that if responses were not served by that date, given the time that had passed since the service of the discovery, Mrs. Mumma and Mrs. Morgan would fifle a motion to compel responses to the discovery. 11. Counsel for Barbara Mumma was informed that this Motion was forthcoming. He has not indicated his concurrence with the relief requested. 12. Pursuant to Local Rule 208.3(a)(2), the Honorable J. Wesley Oler has been previously assigned to this case. WHEREFORE, Barbara McK. Mumma and Lisa M. Morgan request that the Court enter an Order compelling Barbara M. Mumma to answer both sets of Interrogatories and Request for Production of Documents, without objection, within fifteen (15) days. Respectfully submitted, MARTSON LAW OFFICES B Y George B. Farr, Jr., Esquire % / ' I.D. No. 49813 ~J// No V. Otto, III, Esquire I.D. No. 27763 Ten East High Street Carlisle, PA 17013 (717) 243-3341 ]Date: September 9, 2008 Attorneys for Barbara McK. Mumma c4~ Lisa M. Morgan F:\FILES\CGents\Mutnma 5844.1 (estate) 8747 (Kun)\5844. LMwnma Estate\5844.1.contention.bmm.doc George B. Faller, Jr., Esquire I.D. No. 49813 No V. Otto, III, Esquire I.D. No. 27763 M:ARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (T17) 243-3341 Attorneys for Estate of Robert M. Mumma, Barbara McK. Mumma and Lisa M. Morgan Il`1 RE ESTATE OF 1N THE COURT OF COMMON PLEAS OF ROBERT M. MUMMA :CUMBERLAND COUNTY, PENNSYLVANIA Deceased N0.21-86-398 ORPHAN'S COURT DIVISION INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS_ DIRECTED TO BARBARA MANN MUMMA T'O: BARBARA MANN MUMMA, AND HER ATTORNEY, RALPH A. JACOBS, ESQUIRE Enclosed are Interrogatories and Request for Production of Documents propounded by the F;state to be answered under oath by Barbara Mann Mumma 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 addresses below. These Interrogatories and Request for Production of Documents shall be deemed to be ~~ Q continuing Interrogatories and Request for Production of Documents and if,between the time of your Answers to said discovery requests 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 or responses. ,~ '; ~` As used herein, the word "you" or "your" includes your attorneys, representatives, insurers, z~nd 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"). EXHIBIT "A" It is hereby certified that a true and correct copy of these Interrogatories was mailed to counsel far Barbara Mann Mumma on this date by the undersigned. MARTSON LAW OFFICES By George B. Faller, Jr., Esquire No V. Otto, III, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for the Estate Date: April , 2008 1. With respect to your contention that the selection of assets for the Marital Trust and Residuary Trust was "inappropriate": (a) identify each asset as to which you make this contention, including each asset you contend should not have been allocated to the Marital Trust; (b) as to each asset identified in response to subpart (a), state in detail the factual basis for such contention; (c) state the amount of "unnecessary estate tax liability" you contend was paid as a result of the "inappropriate" selection of assets; (d) describe the manner in which you contend the interests of beneficiaries were prejudiced; (e) identify all persons who have knowledge of the facts relating to your contentions; and (f) identify and produce all documents supporting or relating to such contentions. ANSWER: 2. With respect to your contention that "assets distributed to Barbara McK. Mumma as income distributions appear to have been undervalued": (a) identify each asset as to which you make this contention; (b) state what you contend to have been the appropriate valuation that should have been used with respect to any assets distributed to Barbara McK. Mumma as income, including, but not limited to, the Fulton Bank building; (c) state in detail the factual basis for such contention; (d) describe the manner in which you contend the interests of beneficiaries were prejudiced; (e) identify all persons having knowledge of the facts relating to such contention; (f) identify and produce all documents supporting or relating to such contention; and (g) state why you believe the interests of other beneficiaries have been prejudiced by same. ANSWER: 3. With respect to your contention that "inadequate valuation" was made of certain assets distributed to Barbara McK. Mumma: (a) identify each asset as to which you make this contention; (b) state what you contend to have been the appropriate valuation of each asset identified in response to subpart (a); (c) describe the manner in which you contend the interests of beneficiaries were prejudiced; (d) state in detail the factual basis for such contention, and the method used by you to make the valuation; (e) identify all persons having knowledge of the facts relating to such contention; and (f) identify and produce all documents supporting or relating to such contention, including but not limited to all documents supporting your valuation andlor contradicting the valuation used by Barbara McK. Mumma and Lisa M. Morgan. ANSWER: 4. To the extent that you contend that any "discretionary distributions from the Marital Trust" to Barbara McK. Mumma have been improper or wrongful: (a) identify each such distribution; (b) state whether you contend that such distribution was made without proper request from Barbara McK. Mumma; (c) state the manner in and the amount by which you contend the "discretionary distribution" diminished or prejudiced the "interests of the beneficiaries"; (d) state in detail the factual basis for such contention; (e) identify all persons having knowledge of the facts relating to such contention; and (f) identify and produce all documents supporting or relating to such contention. ANSWER: 5. With respect to your contention that Estate or Trust assets and entities in which the Estate or the Trusts had an interest "were not managed efficiently": (a) identify each asset or entity as to which you make this contention; (b) state in detail the factual basis for such contention, including all actions you contend were wrongful or inadequate; (c) identify all actions you contend should have been taken but were not; (d) describe the manner in which you contend the interests of beneficiaries were prejudiced; (e) identify all persons having knowledge of the facts relating to such contention; and (f) identify and produce all documents supporting or relating to such contention. ANSWER: 6. With respect to your contention that "the Estate was not wound up promptly or efficiently": (a) state in detail the factual basis for such contention; (b) identify all legal and other expenses you feel were unnecessarily incurred; (c) identify all actions you contend should have been taken toward the winding up of the Estate but were not; (d) identify what you believe have been the delays in winding up the Estate; (e) describe the manner in which you contend the interests of beneficiaries were prejudiced; (f) identify all persons having knowledge of the facts relating to such contention; and (g) identify and produce all documents supporting or relating to such contention. ANSWER: 7. With respect to your contention that the Estate failed to effectuate the intent of the Testator: (a) state in detail the factual basis for such contention; (b) state what contend to have been the "intent of the Testator; (c) state the manner in which you contend any alleged failure to "effectuate the intent of the Estator" violated any provision of the Will of Robert M. Mumma or constituted a breach of any fiduciary obligation of Barbara McK. Mumma and Lisa M. Morgan; (d) identify all persons having knowledge of the facts relating to such contention; and (e) identify and produce all documents supporting or relating to such contention. ANSWER: 8. To the extent that you contend that any of the actions of Mrs. Mumma and Mrs. N[organ alleged in your Objections harmed or diminished the value of the Estate of Robert M. Mumma and/or the Trusts established under his Will: (a) state the amount or nature of the harm; (b) state in detail the factual basis for your contention; (c) state in detail the manner in which the amount of any harm was calculated; (d) identify all persons having knowledge of the facts relating to such contention; and (e) identify and produce all documents supporting or relating to such contention or calculation. ANSWER: F:\FILES\C6rnts\Mumma 5844.1 (estate) 8747 (Kim)\5844. LMumma Estate\5844.1suppldisc.bmma George B. Faller, Jr., Esquire I.D. No. 49813 No V. Otto, III, Esquire I.D. No. 27763 Jennifer L. Spears, Esquire I.D. No. 87445 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Estate of Robert M. Mumma, Barbara McK. Mumma and Lisa M. Morgan IN RE ESTATE OF IN THE COURT OF COMMON PLEAS OF ROBERT M. MUMMA :CUMBERLAND COUNTY, PENNSYLVANIA Deceased N0.21-86-398 ORPHAN'S COURT DIVISION SUPPLEMENTAL INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO BARBARA MANN MUMMA TO: BARBARA MANN MUMMA, AND HER ATTORNEY, RALPH A. JACOBS, ESQUIRE Enclosed are Interrogatories and Request for Production of Documents propounded by the Estate to be answered under oath by Barbara Mann Mumma 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 addresses below. These Interrogatories and Request for Production of Documents shall be deemed to be continuing Interrogatoriesand Request for Production of Documents and if,between the time of your n Answers to said discovery requests and the time of trial of this case, you or anyone acting in your j u ~ behalf learn of any further information not contained in your said Answers, you shall promptly (t l l furnish said information to the undersigned by supplemental answers or responses. 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"). EXHIBIT "B" It is hereby certified that a true and correct copy of these Interrogatories was mailed to counsel for Barbara Mann Mumma on this date by the undersigned. MARTSON LAW OFFICES By George B. Faller, Jr., Esquire No V. Otto, III, Esquire Jennifer L. Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for the Estate Date: Apri130, 2008 Interroga, tort' 1: State the names, ages, current addresses and social security numbers of all your issue. ANSWER: Interro atory 2: If 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: (a) identify each action you contend constituted self-dealing; and (b) state in detail the factual basis for such contention. ANSWER: Request for Production 1: Produce all documents supporting or relating to any contention that Barbara McK. Mumma and/or Lisa M. Morgan have engaged inself-dealing with respect to the Estate and/or the Trusts. Interrogatory 3. If 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: (a) identify each action you contend constituted such a breach; and (b) state in detail the factual basis for such contention. ANSWER: Request for Production 2: Produce all documents supporting or relating to any contention that Barbara McK. Mumma and/or Lisa M. Morgan have breached any fiduciary obligations to the Estate, the Trusts and/or any of the beneficiaries. Interrogatory 4. If 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: (a) identify by date all exercises as to which you make this contention; and (b) state in detail the factual basis for such contention. ANSWER: Request for Production 3: Produce all documents supporting or relating to any contention 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. Interro atg_ orv 5: If 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: (a) identify all assets as to which such contention is made: (b) persons or entities you contend own the asset(s) in question; and (c) state in detail the factual bases for your contention. ANSWER: Request for Production 4: Produce all documents supporting or relating to any contention 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. Interro atorX 6. If you are seeking removal of Barbara McK. Mumma and/or Lisa M. Morgan as Executrices or Trustees: (a} identify all grounds upon which you intend to seek removal; and (b) state in detail the factual bases supporting your allegations or contentions in this regard. ANSWER: Request for Production 5: Produce all documents relating to any grounds you believe support removal of Barbara McK. Mumma and/or Lisa M. Morgan as Executrices and Trustees. Interrogatory 7. If 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: (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; and (d) state the manner in which you believe the document supports your contentions or allegations. ANSWER: Request for Production 6: Produce all documents relating to any written agreement, document, contract or other document upon which you base any contention or allegation in this proceeding. Interrogator. If you intend to seek surcharge of Mrs. Mumma or Mrs. Morgan in this proceeding: (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) state the amount (and the manner of calculation of that amount) of surcharge you intend to seek for each such transaction or issue; and (e) 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: Request for Production 7. Produce all documents you intend to offer as exhibits or otherwise in these proceedings. Request for Production 8: Produce all documents that relate, pertain or refer to any argument, issue, contention or allegation you have made or intend to make in this proceeding. Request for Production 9: Produce all documents relating, pertaining or referring to the Estate or the Trusts, or any assets at any time owned in whole or in part by the Estate or the Trusts, that were not produced to you by Barbara McK. Mumma, Lisa M. Morgan, their counsel, or Hadley & Company in this action. Interrogator. If you intend to use any admission(s) of a party at trial identify such admission(s). ANSWER: Request for Production 10: Produce all documents relating or referring to such admission(s). Interrogatory 10. Do you contend that either of the Trusts is over- or under-funded? if so: (a) state in detail the factual basis for such contention; and (b) state the amount of any such alleged over- or under-funding. ANSWER: Request for Production 11: Produce all documents relating or referring to such contention that either Trust was over- or under-funded. Interrog_atorv 11. Please identify any witnesses who have information relating to your answers to these Interrogatories. ANSWER: Interro~a, torv 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 of Robert M. Mumma, the Trusts and/or any business or entity in which Barbara McK. Mumma, Lisa M. Morgan, or the Estate of Robert M. Mumma owns or owned stock or other interest. 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 212 North Duke Street Durham, NC 27701 MARTSON LAW FFICES By ,~,,~~. J~ Tricia D. Eckenroad 19 East High Street Carlisle, PA 17013 Date: September ~ 02008 (717) 243-3341