HomeMy WebLinkAbout12-21-04
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE ESTATE OF ORPHAN'S COURT DIVISION
ROBERT M. MUMMA,
Deceased. No.: 21-86-398
OBJECTOR'S MOTION TO COMPEL DISCOVERY
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AND NOW comes Robert M. Mumma II, a beneficiary of The Estate~~obert ~ :ncn
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M. Mumma and an Objector to the accounting of The Estate, and by and throI -:IJ ~ .._~CJ
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counsel files this Motion to Compel Discovery and in support thereof avers: :':~89, C)o
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1. Robert M. Mumma died on April 12, 1986. :''1]-1 - Go
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2. Lisa M. Morgan and Barbara McK. Mumma were appointed as executrixes of The
Estate on June 5, 1986.
3. The Will for Robert M. Mumma made Lisa M. Morgan and Barbara McK.
Mumma the Trustees of two trusts created under the Will.
4. Robert M. Mumma II is a beneficiary of The Estate and ofthe two testamentary
trusts created under The Will of Robert M. Mumma.
5. Robert M. Mumma II has filed objections to the accounting of The Estate and has
requested that the Executrixes and Trustees be removed.
6. On or about October 27,2004, Robert M. Mumma II sent interrogatories and
requests for production of documents to counsel for the Estate, Trusts,
Executrixes, and Trustees.
7. There is no question that Robert M. Mumma II has a right to all requested
discovery. See Follansbee v. Gerlanch, 56 Pa. D. & C. 4th 483 (Allegheny County
2002) (Stating that the attorney-client privilege cannot be asserted by a trustee
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against a beneficiary when the trustee sought legal advice in his or her fiduciary
capacity regarding trust administration.).
8. This doctrine should apply equally to executors of estates as they are in the same
fiduciary position as trustees.
9. The Estate, Trusts, Executrixes, Trustees, and their counsel did not respond and
have not responded to the discovery requests and did not object to any discovery
requests.
10. The Estate, Trusts, Executrixes, Trustees, and their counsel have essentially
ignored the requests for discovery.
WHEREFORE Robert M. Mumma II respectfully requests that this Honorable Court
Order the Estate, Trusts, Executrixes, and Trustees to comply with Robert M. Mumma
II's requests for discovery.
Respectfully Submitted,
en J a/l-:':::- ~
Daryl . Christopher, Esq.
J.D. No.: 91895
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Kirk~ Sohonage, Esq.
J.D. No.: 77851
840 Market Street
Lemoyne, P A 17043
(717) 612-1600
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CERTIFICATE OF SERVICE
I, the undersigned, hereby certifY that I served the above-captioned Objector's
Motion to Compel Discovery upon counsel for the Estate of Robert M. Mumma by
sending a true and correct copy of same via first-class, postage-prepaid, US Mail to:
Ivo V. Otto, III, Esquire
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, PA 17013
Joseph A. O'Connor, Jr., Esquire
Brady 1. Green, Esquire
Morgan, Lewis & Bockius, LLP
1701 Market Street
Philadelphia, PA 19103-2921
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Daryl ~hristoPher
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Date