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Home My WebLink About12-30-05 (2) . , IN RE: ESTATE OF ROBERT M. MUMMA, deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO: 21-86-398 (2 ~ -::; 0 . -=T-, ~~-1 ~--':J _.jTj . ._=,1 r",') (,.;,::;.1 C;,." c:n CJ rrl CJ 0j a AUDITOR'S INTERIM REPORT. DECEMBER 2005 c-) -n -0 -I ; To the Honorable J. Wesley Oler, Jr.: N -- c..rJ Your Honor has charged me with managing the discovery related to the objections in the proceedings pertaining to this estate and these trusts. Your Honor issued an Order dated October 10, 2005 regarding discovery that established times when certain acts were to be performed. A copy of this October 10, 2005 Order is attached hereto as Exhibit 1 for your convenient reference. On October 24, 2005 Robert M. Mumma II filed a motion for reconsideratipn of the time schedule set forth in the October lOth Order. In his motion Mr. Mumma sought a 120 day extension of time to inspect and copy the materials offered in discovery. This would have extended the time set for this to be completed from December 12,2005 to April 11, 2006. In response to Mr. Mumma's motion, your Honor issued a rule on October 26" 2005 upon all other parties to show cause why the motion should not be granted. Your Honor also referred the motion to me for an interim report and a recommended order. This rule was returnable in 10 days from service. The attorneys for the estate and trusts filed an answer opposing any extension, and also asking that any extension that would be granted would not be more than 30 days. No answer was filed on behalf of the other objector by Ralph A. Jacobs, Esq.. I scheduled and conducted a conference of all counsel by telephone on December 8, 2005. A stenographic record was made of the call, but the record has not yet been transcribed. It will be filed PI. . . of record when it is received. The following information was provided at the conference call: 1. The quantity of materials provided in discovery is substantial. There are 92 boxes of records at the office of Morgan, Lewis & Bockius, LLP in Philadelphia, and approximately 15 boxes of materials at an office in Buffalo, NY. The boxes were described as being approximately 12" x IS" in dimension. 2. The discovery in Philadelphia has been consistently available for inspection and copying since late July 2005. The discovery in Buffalo became available for inspection and copying on our about October 27,2005. 3. Robert M. Mumma II and/or his representative(s) spent part or most of a day inspecting the Philadelphia materials on August 12, October 5, 6, 7, 10, 17,18, November 8, and 16, 2005. During this period an associate of Mr; Mumma had made a preliminary view of all the materials, and Mr. Mumma, working from his associates list, had made a close inspection of 8 of the 92 boxes. 4. Mr. Mumma had not yet seen the materials in Buffalo, NY, but was prepared to order that all of the offered materials be copied so that he could meet the Court's time period for inspection and copying. 5. From August 2005 to December 8, 2005, Mr. Mumma and his agents had spent less than 60 hours inspecting the materials that have been made available for discovery. 6. Mr. Mumma maintains that he must personally review the individual documents because only he understands the significance of each document to the concerns that he has expressed about the administration of the estate and trusts. 7. Included in the 92 boxes of materials in Philadelphia are 15 boxes that contain materials that have been previously provided in discovery to Mr. Mumma in prior litigation. 8. Ralph A. Jacobs, Esq., representing Barbara Mann Mumma, has inspected and copied all of the materials that he intends to inspect and copy from the materials that have been made available. He spent the better part of 2 days inspecting the materials in Philadelphia. At the end of the conference that I conducted with counsel and Mr. Mumma on December 8, 2005, I asked, and all counsel agreed that the materials offered in discovery should remain available to Mr. Mumma after the original deadline of December 12, 2005, and that Mr. Mumma would continue with his efforts to inspect and copy the materials. . . In light of the above and also in light of the December holidays that impact upon the scheduling of appointments to review the discovery materials, I recommend that the Court grant Robert M. Mumma II an extension of time until January 20,2006 to complete his inspection and copying of the materials made available in discovery. I attach a recommended order for this to be done. Respectfully submitted Tayl P. rews, Esq., Auditor 78 . Pomfret St., Carlisle, P A 17013 717243-0123 Supreme Court ID#: 15641 . . . IN RE: ESTATE OF ROBERT M. MUMMA, deceased. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . ORPHANS' COURT DIVISION ...0 v.) ,-' NO: 21-86-398 u_ c~. cr; Lt_l.-: t~J: L..:._ :..'_ C~:; (=..) CJ !;,:- - .. .,::- L- {.'. ~:.. <> ~ f-"J c.:: L~ ~_ G:~- c-. '-'.' 8t:~ 0.: Jo' ~-~-- ,~._. <..~: c' . ,--' c,. " ~~; (.-~) ~NOW, this~dayof ORDER o l- t .2005, upon recommendation of the Auditor in this case, it is hereby ordered as follows with regard to discovery pertaining to the Objections that have been filed to the Accounts filed at the docket: Counsel for the Executrices/Trustees shall file a response to the discovery request of Robert M. Mumma II that shall be responsive to each particular and specific request. If the response isthat the requested information has been previously provided, the infonnation shall be set forth as to when and in what context the prior discovery occurred. This response shall be filed with the Clerk of the Orphans' Court before November 7, 2005 with copies to the Auditor and to all counsel. Each objection shall be supported by legal authority and written argument. All documents, records, and other materials that are made available by ExecutricesITrustees in response to the discovery requests of Robert M. Mumma II shall be made available by November 7,2005, and shall be inspected and copied by all Objectors by December 12,2005. Counsel for the Executrices/Trustees shall provide the Auditor with.a detailed list of the documents and records that are made available. t"ltb'+ L ~ Robert M. Mumma n's response to any objections to the discovery shall be filed with the Clerk of Orphan's Court by December 12, 2005 with copies to the Auditor and all counsel. The response shall be specific to each objection and shall include legal authorities and written argument. Taylor P. Andrews, Esq., auditor ~ 78 W. Pomfret St. tJ Carlisle, P A 17013 Ivo Otto, Esq. V) lO-EastHigh St. (7 Carlisle, P A 17013 I --l; r' <' =f Joseph A. O'Connor, Jr., Esq. and . V ~ Brady L. Green, Esq. ~ Morgan, Lewis & Bockius, LLP 1701 Market St. V1 "" Philadelphia, PA 19103-2921 tX "c //1 , ? ~ Ralph A. Jacobs, Es~. .,. rJ @' 215 S. Broad St., 10 Floor -' ~ Philadelphia, P A 19107 '7 "0' QI .? i/ 4 Robert M. Mumma II .... 7' ~ Box 58 ~ Bowmansdale, P A 17008 V1 tv . \ .. . IN RE: ESTATE OF ROBERT M. ~MMA,deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO: 21-86-398 CERTIFICATE OF SERVICE I hereby certify that on this date, December 30, 2005, I mailed a copy of AUDITOR'S INTERIM REPORT, DECEMBER 2005 to the following persons at the following addresses by U.S. Mail, postage prepaid: Ivo Otto, Esq. 10 East High St. Carlisle, P A 17013 Joseph A. O'Connor, Jr., Esq. and Brady L. Green, Esq. Morgan, Lewis & Bockius, LLP 1701 Market St. Philadelphia, PA 19103-2921 Ralph A. Jacobs, Esq. 215 S. Broad St., 10th Floor Philadelphia, P A 19107 Robert M. Mumma II Box 58 Bowmansdale, P A 17008 *