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IN RE: : IN THE COURT OF ~COMMON PLEAS OF
: CUMBERLAND COUNT~, PENNSYLVANIA
ESTATE OF ORPHANS' COURT DIVISION
ROBERT M. MUMMA : 21-86-398 I
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IN RE: CONFERENCE I
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AND NOW, March 24, 2004, the Court wishes the record
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to reflect that the Court has held an informal conference with
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counsel in chambers to discuss generally uPC~ming procedures in
the resolution of this estate. \
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The informal meeting was requeste~ by Ivo Otto,
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Esquire, co-counsel with Brady L. Green, Esqu~re, for Barbara
McK. Mumma and Lisa M. Morgan, Executrixes anb Trustees of the
Mumma estate. \
The petitioner in the current mattlr is Robert Mumma,
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II, represented by Chad Bogar, Esquire, and B~ad Schutjer,
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Esquire, jointly representing Robert Mumma, II, in his current
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action to remove the above-mentioned Trustees/iExecutrixes from
their positions.
All counsel present in front of the Court agree that
the petition for the removal of the ExecutrixeL and Trustees will
be consolidated with objections to the estate kccounting and
trust accounting, which objections will be filbd on o~ before May
28, 2004, and, therefore, the hearing on April 12, 2004, is
continued generally until a hearing is held with respect to the
objections to be filed. All counsel agree to ~hiS. :
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Counsel for Robert M. Mumma, II, wi~l provide an
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In Re: Robert M. Mumma
21-86-398
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expert report and witness list and exhibit list to cpunsel for
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the estate on or before May 28, 2004, which is agreed to by all
counsel present today.
Robert M. Mumma, II, will be made available to
Attorneys O~tE and/or Green during the month of April 2004, on a
ite t~be '~~eed upon by counsel and Mr. MurrimaJ~'" 6ep';'~~ ,
.J., Of. 0 ," By the Court
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Ivo Otto, Esquire
Brady L. Green, Esquire
For the Estate
Bradley Schutjer, Esquire
Chad Bogar, Esquire
For Robert M. Mumma, II
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: ESTATE OF : ORPHANS' COURT DIVISION
ROBERT M. MUMMA, :
Deceased : NO. 21-86-398
MOTION FOR PROTECTIVE ORDER
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AND NOW, comes ROBERT M. MUMMA II, by his attorneys, Mill~Lipsitt,
LLC who makes the following Motion For Protective Order under Pennsylvania Rule of
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Civil Procedure 4012:
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1.) ROBERT M. MUMMA, II ("RMMII") as a beneficiary of the estate of his
late father ROBERT M. MUMMA filed a Petition For Removal of his mother Barbara
McK. Mumma and his sister Lisa M. Morgan as Co-executrices of said Decedent's Estate
and as Co-Trustees of the Marital and Residuary Trusts created thereunder.
2.) By Order of this Court dated March 24, 2004, the Honorable George
Hoffer directed that: RMMII's Petition For Removal and any Objections to the estate
accounting, the interim accounts of the Marital Trust under Decedent's Will or the
interim accounts ofthe Residuary Trust under Decedent's Will be filed with the Court not
later than May 28, 2004.
3.) The Court also ordered that RMMII file a list of potential witnesses and
exhibits by May 28, 2004 and that RMMII could be deposed by representatives of
Decedent's estate.
4.) On May 6, 2004 the attorneys for Barbara McK. Mumma and Lisa M.
Morgan served a "Notice of Deposition Duces Tecum" upon counsel for RMMII,
scheduling the deposition ofRMMII for May 19,2004 and requesting that RMMII bring
with him to this deposition: (1) "All documents constituting the factual or evidentiary
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bases for and/or which he intends to offer in support of the allegations set forth in his
Petition for Removal of Barbara McK. Mumma and Lisa M. Morgan as Executrices and
Trustees (the "Petition").... "; (2) "All documents which he intends to offer into evidence
at any hearing on the Petition"; and (3) "Curriculum vitae of any expert witness he
intends to call to testify at any hearing on the Petition". A copy of this Notice of
Deposition Duces Tecum is attached hereto as Exhibit "A".
5.) As presently framed, the request for all documents constituting the factual
or evidentiary basis for the allegations of the Petition is overly broad and incapable of a
precise response. Many of the documents that may possibly be responsive to this overly
broad request and are discoverable have already been obtained from and/or provided to
requesting counsel in the discovery processes of the many related cases dealing with the
assets of the Decedent's estate.
6.) Counsel for RMMII has not yet decided which exhibits will be offered
into evidence at any hearing as the scope and nature of such hearings and the issues
factually in dispute and to be decided by said hearings have not yet been clearly defined
by the court. Following the scheduling of any such factual hearing the court, counsel for
RMMII will identify such documents as it may introduce at the scheduled hearing and
make available for examination, inspection and/or copying such documents at that time at
a time convenient to all counsel, costs of reproduction to be borne by the requesting
party .
7.) Counsel for RMMII has not yet determined what experts will be needed
any hearings on the Petition as the nature of such hearings and the issues factually in
dispute and to be decided by said hearings have not yet been clearly defined by the court.
The curriculum vitae of any expert whose testimony will be offered at any hearing on the
Petition or Objections to the accountings will be provided with a copy of such expert's
written report.
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8.) The document requests as made by counsel for Barbara McK. Mumma
and Lisa M. Morgan in the form ofa Notice Duces Tecum seeking to have RMMII
produce said document as part of court ordered deposition ofRMMII (which order does
not address the issue of document production) and on only ten (10) days notice is unduly
oppressive, annoying and burdensome.
WHEREFORE, ROBERT M. MUMMA II, requests this Honorable Court for an
Order suppressing the Duces Tecum document requirements contained in the Notice of
Deposition dated May 6, 2004 served by counsel for Barbara McK. Mumma and Lisa M.
Morgan which schedules the deposition of ROBERT M. MUMMA II on May 19,2004.
ROBERT M. MUMMA II is willing to attend and provide depositional testimony on the
scheduled date of May 19,2004.
Respectfully Submitted
MILLER LIPSITT, LLC
DATE: (;,jl<f,Jd-/ BY:~..Q:~ -
Bra y A. SCh r
Attorney J.D. No.: 75954
P.O. Box 959
Camp Hill, P A 17001-0959
(717) 909-5921
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EXHIBIT "A"
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE ESTATE OF : ORPHANS' COURT DIVISION
ROBERT M. MUMMA, :
:
Deceased. : NO. 21-86-398
NOTICE OF DEPOSITION DUCES TECUM
TO: Chadwick O. Bogar, Esquire
Miller Lipsitt LLC
P.O. Box 959
Camp Hill, PA 17001-0959
Fax: 717.909.5925
PLEASE TAKE NOTICE that the undersigned counsel will take the deposition of
Robert M. Mumma, II on Wednesday, May 19, 2004, beginning at 9:00 a.m. The deposition will
take place at the offices of Morgan, Lewis & Bockius LLP, One Commerce Square, 417 Walnut
Street, Harrisburg, Pennsylvania, before an officer authorized by law to administer oaths. The
deposition will be taken pursuant to the Pennsylvania Orphans' Court Rules and Rules of Civil
Procedure and will continue from day to day until completed,
Deponent shall bring with him to the deposition the following documents:
1. All documents constituting the factual or evidentiary bases for andlor which he
intends to offer in support of the allegations set forth in his Petition for Removal of Barbara
McK. Mumma and Lisa M. Morgan as Executrices and Trustees (the "Petition"), including, but
not limited to:
a. all documents supporting the allegations that Mrs. Mumma and/or Mrs. Morgan
"are wasting and mismanaging the estate" of Robert M. Mumma, (Pet. ~ 7);
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b. all documents supporting the allegations that Mrs. Mumma and/or Mrs. Morgan
"have failed to perform duties in a proper fashion," (Pet. ~ 7);
c. all documents supporting the allegations that Mrs. Mumma andlor Mrs. Morgan
"have spent vast sums of money from the Estate that can potentially be sheltered by the Florida
homestead exemption," (Pet. ~ 7);
d. all documents supporting the allegations that Mrs. Mumma and/or Mrs. Morgan
have "jeopardized" the interests of the Estate of Robert M. Mumma, (Pet. ~ 7);
e. all documents supporting the allegations that Mrs. Mumma andlor Mrs. Morgan
"received assets to administer totaling over $15 million dollars [sic] and inexplicably these assets
are now worth only $3 million," (Pet. ~ 7(b));
f. all documents supporting the allegations that Mrs. Mumma and/or Mrs, Morgan
failed to "render to the heir" a "proper accounting," (Pet. ~ 7(c));
g. all documents supporting the allegations that Mrs. Mumma and/or Mrs. Morgan
filed "no complete tax return," (Pet. ~ 7(c));
h, all documents supporting the allegations that Mrs. Mumma and/or Mrs. Morgan
"unfairly exploit[ ed], oppress[ ed] and illegally convert[ ed] assets to their own use and purposes,"
(Pet. ~7(d));
i. all documents supporting the allegations that Mrs. Mumma and/or Mrs. Morgan
"voted shares of stock in corporations and as executrices sold estate property that corporate
books and records indicate had previously been exchanged for stock so as to provide for
controlling interest in stock in certain family owned corporations," (Pet. ~ 7(e));
j. all documents supporting the allegations that Mrs. Mumma and/or Mrs. Morgan
"discovered major defects in the method by which various corporation documents were created
and recorded and . . . kept those defects secret, intentionally hiding them from the other heirs,
and exploited them to their own advantage," (Pet. ~ 7(f));
k. all documents supporting the allegations that Mrs. Mumma and/or Mrs. Morgan
have stolen or improperly removed documents from a safe deposit box, (Pet. ~ 7(g));
1. all documents supporting the allegations that Mrs. Mumma and/or Mrs. Morgan
"engaged in litigation against other heirs under circumstances where it is clear that they intend to
act not in the best interest of the Estate, their family or the other heirs, but in an oppressive and
greedy fashion unbecoming legitimate co-executrices and trustees," (Pet. ~ 7(h)); and
m. all documents supporting the allegations that Mrs. Mumma and/or Mrs.
Morgan "misrepresented whether certain corporate assets were to be sold so as to obtain the
advantage of surprise over other heirs and in numerous other ways acted in a dishonest fashion
calculated to mislead heirs as to the status of the estate and its resulting trusts," (Pet. ~ 7(i)).
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2. All documents which he intends to offer into evidence at any hearing on the Petition.
3. Curriculum vitae of any expert witnesses he intends to call to testify at any hearing on
the Petition.
Dated: May 6, 2004
Ivo V. Otto, III
Martson, Deardorff, Williams & Otto
10 East High Street
Carlisle, P A 17013
717.243.3341
Attorneys for Barbara McK. Mumma
and Lisa M. Morgan
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CERTIFICATE OF SERVICE
I, Brady L. Green, hereby certify that on May 6, 2004, a true and correct
copy of the foregoing Notice of Deposition was served via facsimile and first-class mail,
postage prepaid, upon the following:
Chadwick O. Bogar, Esquire
Miller Lipsitt LLC
P.O. Box 959
Camp Hill, PA 17001-0959
Fax: 717. 717.909.5925
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
Motion for Protective Order was served via first class United States mail, postage pre-
paid upon the following:
Ivo V. Otto, III, Esquire
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, P A 17013
Joseph A. O'Connor, Jr., Esquire
Brady L. Green, Esquire
Morgan, Lewis & Bockius, LLP
1701 Market Street
Philadelphia, P A 19103 - 2921
Date 05hLtfi By