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HomeMy WebLinkAbout05-14-03 otfY West Long LLC 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 233-5051 IN RE: ESTATE OF ROBERT M. MUMMA, DECEASED : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 21-86-0398 : ORPHAN'S COURT DIVISION PETITION FOR REMOVAL OF BARBARA McK. MUMMA AND LISA M. MORGAN AS EXECUTRIXES AND TRUSTEES To The Honorable Judges of Said Court: AND NOW, comes Robert M. Mumma, II, surviving son of the Decedent, Robert M. Mumma, by and through his counsel, James J. West, Esquire, and respectfully requests the removal of Barbara McK. Mumma and Lisa M. Morgan as executrixes and trustees and, in support thereof, alleges as follows: I. This Petition is filed under Sections 3182, 3183 and 7121 of the Probate, Estates and Fiduciary Code. This Court has exclusive jurisdiction under Section 711(1), 711(2) and 711(12) of the Probate, Estates and Fiduciary Code. 2. The Decedent, Robert M. Mumma, died on April 12, 1986, survived by his widow, Barbara McK. Mumma and four children: Robert M. Mumma, II, Barbara Mumma. Linda Mumma and Lisa Morgan. 3. The Decedent left a will dated May 19,1982 which was duly admitted to probate by the Register of Wills of Cumberland County at No. 21-86-0398. Letters Testamentary have been issued to Barbara McK. Mumma and Lisa M. Morgan as co-executrixes named in item 15 \:id ()i)'?'l9qU\I\:J ~j: ~-il~\~ n,: \1 d vt })jlJ (Q. ,:;.b9l::! jQ:)9\:l " ,- of the Will which also names them as co-trustees of the two trusts established in paragraphs 7 and 8 of said Will. The first Codicil of the Will further provides that if for any reason the named co-executrixes and co-trustees are unable to serve, Barbara M. McClure (Barbara M. Mumma) shall be the successor executor and trustee. A copy of Decedent's Will is attached hereto as Exhibit A. 4. The Petitioner, Robert M. Mumma, II, resides in Bowmansdale, Pennsylvania. 5. Respondent, Barbara McK. Mumma, previously resided in Cumberland County, Pennsylvania but has since moved to Palm Beach County, Florida where she has registered to vote and taken up residence. 6. Respondent, Lisa M. Morgan, previously resided in Cumberland County, Pennsylvania, but has since moved to Palm Beach County, Florida where she has taken up residence and registered to vote. 7. Barbara McK. Mumma and Lisa M. Morgan should be removed as co-executrixes and should not be permitted to qualify as co-trustees because under Sections 3182(1) and 7121(1) ofthe Probate, Estate and Fiduciary Code they are wasting and mismanaging the estate; have failed to perform duties in a proper fashion as required by law and because under Section 3181 (4) and 7121(1) of the Probate, Estate and Fiduciary Code they have both removed from the Commonwealth, moved to Florida, and spent vast sums of money from the Estate that can potentially be sheltered by the Florida homestead exemption; and because under Section 3181 (5) and 7121(1) of the Probate, Estate and Fiduciary Code the interest of the Estate and ofthe Trust are likely to be jeopardized by their continuance in office in that: a. they have consistently refused to produce records or to allow others to produce records relating to Estate assets using their position as co-executrixes and co-trustees to oppress other heirs who were shareholders and officers of family owned corporations and have an absolute right to review such records. This control of records is a classic maneuver used to squeeze out and control minority shareholders and is improper conduct for the co-executrixes and co-trustees in this easel; b. they have received assets to administer totaling over $15 million dollars and inexplicably these assets are now worth only $3 million and no proper accounting has been rendered to the heir and it is believed that no proper accounting is contemplated in the near future2. , c. no complete tax return has been filed nor has a final accounting been rendered notwithstanding the fact that 17 years have passed since the Decedent's death; d. records have been requested repeatedly from the co-executrixes and co- trustees and their attitude has been one of total and complete lack of cooperation evidencing an intent to keep the other heirs, including your Petitioner, in the dark so as to unfairly exploit, oppress and illegally convert assets to their own use and purposes; e. they have voted shares of stock in corporations and as executrixes sold estate property that corporate books and records indicate had previously been exchanged for stock so as to provide for controlling interest in stock of certain family owned corporations; f. they have discovered major defects in the method by which various corporation documents were created and recorded and have kept those defects secret, I See, for example, the attached Motion for Commission to Take Deposition and to Produce Documents and its attached Affidavit and Exhibits attached hereto as Exhibit B. 2 See Exhibits C, D and E attached hereto. intentionally hiding them from the other heirs, and exploited them to their own advantage (Exhibit F); g. during their term as executrixes and trustees, records have turned up missing that were critical to the Estate, such as the stock book of Pennsylvania Supply Company, after those same records had been stolen from a joint safe deposit box that Robert M. Mumma, II held with his father, Robert M. Mumma, and the disappearance of these records was under circumstances where the co-executrixes and co-trustees are the logical individuals responsible for the improper removal of records from the safe deposit box; h. they have 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-executrixes and co-trustees; 1. they have 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. 8. The culmination of their actions in hiding records and refusing to reveal information and refusing to properly administer the Estate and bring it to a conclusion and file a final accounting has resulted in the alienation of the co-executrixes and co-trustees from the other parties in interest including your present Petition to such an extent that their removal and replacement is required and justified. WHEREFORE, Petitioner requests that a citation be issued to co-executrixes, Barbara McK. Mumma and Lisa M. Morgan, to appear and show cause, if any there be, why they should not be removed as co-executrixes and co-trustees of the Will of Robert M. Mumma, Deceased, and why they should not be prohibited from qualifYing as co-trustees of the testamentary trust established under the Will of Robert M. Mumma, Deceased, and Robert M. Mumma, II appointed Barbara M. McClure (Barbara M. Mumma) as succeeding executor and trustee together with such further relief as this Honorable Court determines to be appropriate with respect to such matters as accounting and commissions and attorney fees; citation to be served by certified mail, return receipt requested, to Barbara McK. Mumma and Lisa M. Morgan and to Morgan, Lewis & Bockius, attention Brady L. Green, Esquire, as their counsel. Respectfully Submitted, WEST LONG LLC J s J. 105 North Front Street Suite 205 Harrisburg,PA 17101 (717) 233-5051 (717) 234-7517 - fax Dated: May 14, 2003 Counsel for Petitioner VERIFICATION I, Robert M. Mumma, II, hereby verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S.94904 relating to unsworn falsification to authorities. D"'~ /1{ 21;; 7i!1h. ~C5JT Robert M. Mumma, II CERTIFICATE OF SERVICE I hereby certify that on this 14th day of May, 2003, a true and correct copy of the foregoing document was served upon the party named below by depositing same in the United States Mail, First Class postage prepaid, and addressed as follows: Brady 1. Green, Esquire Morgan, Lewis & Bockius, LLP 170 I Market Street Philadelphia, PA 19103-2921 and Barbara McK. Mumma 4333 North Ocean Boulevard Delray Beach, FL 33483 and Lisa M. Morgan 670 Wrightway Gulf Stream, FL 33483 [;d,(~/X~c/A -/&a;~~ nne M. Bennett Paralegal