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Home My WebLink About03-24-09IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF ROBERT M. MUMMA, CUMBERLAND COUNTY, PENNSYLVANIA Deceased ~.~ ORPHAN'S COURT DIVISION c-'t,-~ ~ -_ _ c NO.21-86-398 ~ - ' r..~ r _i j-,f ~ = 7 ~ ~, ~~ - EMERGENCY MOTION TO COMPEL COMPLIANCE WITH COURT ORDER and MOTION FOR DISCLOSURE OF WAREHOUSED ESTATE FILES AND RECORDS and MOTION FOR SANCTIONS AND NOW comes Robert M. Mumma, II, pro se, and files the above-entitled motions, and in support thereof avers as follows: 1. The undersigned Movant is Robert M. Mumma, II, an adult individual, acting pro se. 2. The Movant is a beneficiary/remainderman of the above-captioned Estate and the 'Crusts created under the Will of the Decedent, as well as a trustee of contingent beneficiaries/remaindermen of the above-captioned Estate and Trusts, thereby having standing before the Orphans' Court. 3. Two other beneficiaries/remaindermen of the Estate and Trusts are Linda Mumma and Barbara Mann Mumma, same being parties to this action and also having standing before the Orphans' Court. 4. The Executrices/Trustees of the aforesaid Estate and Trusts are Lisa Mumma Morgan and Barbara McK. Mumma. The Executrices/Trustees secured Morgan, Lewis & Bockius and The Martson L,aw Office as legal counsel in this Estate case. 6. On January 24, 2007, Barbara McK. Mumma testified at a deposition in these proceedings wherein it was indicated that Estate records and files were located in warehouses or related storage facilities situate either in Pennsylvania or in Florida. See, Depo. N.T. pp. 25, 27- 28, 42, 48, 51-52, 94, 113-114, and 122. 7. On January 25, 2007, Lisa Mumma Morgan testified at a deposition in these proceedings wherein it was indicated that original Estate documents were kept in various locations. See, Depo. N.T. 168-169. 8. On October 29, 2008, the Auditor conducted apre-hearing conference wherein an attorney representing the Estate confirmed that he had personally "been to multiple storage spaces with Lisa." See, N.T. p. 57. 9. On January 20, 2009, the Auditor issued a Notice of Auditor's Hearing which, inter alia, required the parties who had filed objections to provide to the Auditor and to Estate counsel an outline of the specific issues to be resolved at said hearing. 10. On February 9, 2009, counsel for Barbara Mann Mumma forwarded a letter to the Auditor which outlined the specific issues as identified by said Objector. 11. On February 10, 2009, the undersigned forwarded a letter to the Auditor which outlined the specific issues as identified by said Objector. 12. On February 27, 2009, the Orphans' Court entered an Order dated February 26, 2009 which provided in pertinent part as follows: AND NOW, this 26th day of February, 2009, upon the recommendation of the Auditor in this case it is hereby ordered as follows with regard to the outstanding issues regarding discovery, evidence and procedures which all pertain to the Objections that have been filed to the Accounts filed at this docket: Counsel for the Executrices/Trustees, to the extent that they have not previously so provided or made such documents available to the Objectors, shall provide all corporate minutes, by-laws, stock ledgers, and any other official corporate record generated by and held in the custody of the corporate secretary for any corporations over which the Estate and/or Trust has control or which the Estate and/or Trust has custody shall be produced and provided to Objectors within thirty (30) days of this Order. *** Counsel for the Executrices/Trustees shall afford Objectors, if Objectors desire, the opportunity to review any warehoused estate files and records at reasonable times Monday through Friday from 9:00 AM unti14:00 PM from the date of this Order until thirty (30) days hence. *** BY THE COURT J. Wesley Oler, Jr. 3 13. On March 9, 2009, the Estate counsel was verbally advised that the undersigned desired an opportunity to review any warehoused Estate files and records. 14. On March 17, 2009, the Estate counsel was advised in writing that the undersigned desired to review any warehoused Estate files and records. 15. In advising the Estate counsel in writing on March 17, 2009 that the undersigned desired an opportunity to review any warehoused Estate files and records, it was specifically requested that the Estate counsel identify the location(s) of same and the dates when same could be accessed for review. 16. On March 23, 2009, the Estate counsel advised the Objectors in writing, inter crlia, that "we are not aware of any warehoused records created as part of or pertaining to the creation or administration of the estate or the trusts" and that "we will be producing a relatively small number of additional records" which were identified thereafter in five (5) subparagraphs. 17. The testimony of the Executrices presented during their depositions in January 2007 confirms that Estate files and records are located in warehouses and other storage sites in different states and at various locations within those different states. 18. The Estate counsel has acknowledged before the Auditor that personal visits have been made by the Estate counsel and anExecutrix/Trustee to multiple storage spaces. 19. In consideration of the foregoing, the undersigned moves this Court to enter an Order that compels the Estate counsel to comply with the Order entered on February 27, 2009 4 :>uch that the Objectors may review the Estate files and records located in warehouses and other >torage spaces in different states and at various locations within those different states. 20. In consideration of the foregoing, the undersigned further moves this Court to enter an Order that compels the Estate counsel to comply with the Order entered on February 27, ?009 such that the Objectors may review the warehoused Estate files and records 21. In consideration of the foregoing, the undersigned further moves this Court to e;nter an Order that requires the Estate counsel to disclose the location(s) of the warehoused Estate files and records. 22. In consideration of the foregoing, the undersigned further requests that the thirty (30) day period within which the Objectors were to be afforded an opportunity to review said warehoused Estate files and records be continued for a reasonable time pending the Estate counsel's compliance with the Order entered on February 27, 2009. 23. Pursuant to Pa.R.C.P. 4019, the undersigned further moves for sanctions as the Estate counsel has failed to make discovery and/or to obey an order of court respecting discovery. 24. The Movant has not obtained the concurrence of any counsel to the other interested parties inasmuch as the prior statements and representations of said counsel have indicated that the Movant would not receive cooperation from them with respect to such a nnotion, and inasmuch as this motion if being filed as an Emergency Motion. 25. The Honorable J. Wesley Oler, Jr. has previously ruled on prior motions filed by ithe parties hereto. WHEREFORE, based upon the reasons set forth hereinabove, the undersigned Movant respectfully requests that this Honorable Court issue an Order: a. that compels the Estate counsel to comply fully with the Order entered on February 27, 2009 such that the Objectors may be afforded an opportunity to review the warehoused Estate files and records; b. that compels the Estate counsel to comply with the Order entered on February 27, 2009 such that the Objectors may review the Estate files and records located in warehouses and other storage spaces in different states and at various locations within those different states; c. that compels the Estate counsel to disclose the location(s) of any warehoused Estate files and records; d. that continues the thirty (30) day period within which the Objectors had been afforded an opportunity to review any warehoused Estate files and records for a reasonable time pending the Estate counsel's compliance with the Order entered on February 27, 2009; e. that issues a Rule upon the Estate counsel to show cause why the requested relief, including the imposition of sanctions authorized by Pa.R.C.P. 4019, should not be granted; and, f. that grants any other additional or further relief deemed just and equitable. Respectfully submitted, DATE: March 24, 2009 ~~r~~: ~~' r~~~a ` ~,{ `,~~ ~ Robert M. Mumma, II Box F Grantham, PA 17027 (717) 612-9720 PROSE CERTIFICATE OF SERVICE I, Robert M. Mumma, II, pro se, do hereby certify that I caused a copy of the foregoing Motions to be served this date by U.S. Mail, first class, postage prepaid, addressed to: Brady Green, Esquire Morgan, Lewis & Bockius, LLP 1701 Market Street Philadelphia, PA 19103-2921 George B. Faller, Jr., Esquire No V. Otto, III, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Ralph Jacobs, Esquire 1515 Market Street -Suite 705 Philadelphia, PA 19102 Linda Mumma Roth PO Box 480 Mechanicsburg, PA 17055 Joseph D. Buckley, Esquire Court-Appointed Auditor 1237 Holly Pike Carlisle, PA 17013 DATE: March 24, 2009 r r . I Robert M. Mumma, II Box F Grantham, PA 17027 717-612-9720 PROSE