The URL can be used to link to this page

Home My WebLink About09-11-09 IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF ~,,,, ROBERT M. MUMMA, CUMBERLAND COUNTY, PENI~i.~YLVAl~ .-., ~~--~; Deceased ~~ ORPHAN'S COURT DIVISION "_~ ~ ~ ..... ~. r^~ i i ~ c , t ~ ` ' , -, -~ N0.21-86-398 -,=, ac , ~. ~~ -~-1 T _ '17 {~ -i' 1." MOTION TO COMPEL COMPLIANCE WITH THE AUDITOR'S RULING REGARDING THE RULE 234.3 NOTICE TO PRODUCE ISSUED TO THE EXECUTRIX -TRUSTEE LISA MUMMA MORGAN AND NOW comes Robert M. Mumma, II, pro se, who hereby files the instant Motion to Compel Compliance with the Pa.R.C.P. 234.3 Notice to Produce issued to the Executrix - Trustee Lisa Mumma Morgan, and in support thereof avers as follows: The undersigned Movant, Robert M. Mumma, II, pro se, is an adult individual who is a beneficiary of the above-captioned Estate and the Trusts created under the Will of the Decedent. 2. The Movant is a trustee of contingent beneficiaries of the above-captioned Estate and Trusts. 3. In accordance with prior court orders entered in this matter (including, but not limited to, this Court's decision of February 23, 2000), as well as the "law of the case" statement repeated during the pending Auditor's proceedings, the Movant has standing in this case notwithstanding any arguments advanced by the Estate counsel that the Movant had disclaimed his interests under the Will of the Decedent. 4. The Executrices of the Estate and the Trustees of the Marital Trust and Residuary Trust under the Will of the Decedent are Lisa Mumma Morgan and Barbara McK. Mumma. 5. The foregoing individuals and entities are represented by the law firms of Morgan, Lewis & Bockius and The Martson Law Office. 6. Pursuant to a Notice of Continuation of Auditor's Hearing dated May 4, 2009, the Auditor scheduled a continuation of hearing in the above-captioned Estate for June 17, 18, and 19, 2009, and August 3, 4, 5, and 6, 2009. 7. On Tuesday, July 28, 2009, the undersigned served a Notice to Produce under Pa. R.C.P. 234.3 to Lisa Mumma Morgan - Co-Executrix and Co-Trustee by mailing same to the Executrices/Trustees' counsel as permitted by Pa. R.C.P. 234.3(c); likewise, copies of same were mailed to the other interested parties and to the Auditor. (A copy of said Notice to Produce and its cover letter are attached hereto as Exhibit A). 8. The Notice to Produce directed Lisa Mumma Morgan as Co-Executrix and Co- Trustee to produce copies of five (5) separate Estate-related items at the Auditor's hearing scheduled for August 3, 2009 at 8:30 a.m. 9. In lieu of challenging the Notice to Produce by way of filing a motion to quash as permitted by Pa. R.C.P. 234.4(b), counsel for said Co-Executrix and Co-Trustee objected to the production of the five (5) separate items near the beginning of the Auditor's hearing on August 3, 2009. (N.T., Vol. VII, p. 1482). 10. The five items listed for production in said Notice to Produce dated July 28, 2009 were enumerated as follows: A copy of the post-nuptial agreement between Barbara McKimmie Mumma and the Decedent; 2. A copy of the Union Quarries consent agreement with the U.S. Justice Department; 3. A copy of any correspondence between Mr. Boswell and the Decedent regarding High-Spec, Inc.; 4. A copy of any correspondence between Mr. Boswell, the Co- Executrices/Co-Trustees, and David Brown regarding High-Spec, Inc. and the Dauphin Deposit purchase of the Dauphin Building; and, 5. A copy of the Dauphin Deposit loan documents pertaining to the 1985 transaction of approximately $184,135.34 between High-Spec, Inc. and Kim Company. 11. After counsel for said Co-Executrix and Co-Trustee objected to production of the five (5) separate items listed in the Notice to Produce, the Auditor heard from the parties in interest during the morning session of the August 3, 2009 hearing, including testimony from Lisa Mumma Morgan. (See generally, N.T., Vol. VII, pp. 1482-1635). 12. Upon hearing from the parties, reviewing exhibits, and receiving the testimony of Lisa Mumma Morgan, the Auditor ruled that the Co-Executrix and Co-Trustee Lisa Mumma Morgan was required to produce four (4) out of the five (5) items listed in the Notice to Produce dated July 28, 2009; the only item excepted from production by the Auditor was Item #1 relating to the post-nuptial agreement . (See generally, N.T., Vol. VII, pp. 1499-1501, 1505, 1508, 1510, 1619-1623, 1626-1628, and elsewhere). 13. Subsequent to the Auditor's ruling on August 3, 2009, neither the Co-Executrix and Co-Trustee Lisa Mumma Morgan nor her counsel have produced any of the records which the Auditor directed to be produced, nor has there been any other subsequent indication that production of said records is being completed. 14. Pursuant to a Notice of Continuation of Auditor's Hearing dated August 14, 2009, the Auditor scheduled a continuation of hearing in the above-captioned Estate for October 26, 27, 28, 29, and 30, 2009. 15. The Co-Executrix and Co-Trustee Lisa Mumma Morgan should be ordered forthwith to comply with the Auditor's ruling, especially since said records may be necessary for the upcoming continuation of the Auditor's hearing in October 2009. 16. Inasmuch as no motion to quash was filed under Pa. R.C.P. 234.4(b), and in light of the fact that the Auditor has already conducted a hearing on this matter, the Co-Executrix and Co-Trustee Lisa Mumma Morgan cannot seek a protective order or otherwise assert that there is any unreasonable annoyance, embarrassment, oppression, burden, or expense in light of the Auditor's ruling which expressly directed her to produce copies of Items #2, #3, #4, and #5 as listed on the Notice to Produce dated July 28, 2009. 17. For purposes of this motion, the Movant hereby invokes and incorporates by reference thereto all remedies, claims, actions, and related relief available for the removal of Executrices and the Trustees as set forth in the Probate, Estates and Fiduciaries Code, and further invokes and incorporates by reference thereto all remedies, rights, claims, entitlements, actions, 4 and related relief available to the Movant as a beneficiary or interested party as set forth in the Probate, Estates, and Fiduciaries Code. 18. Pursuant to Cumberland County Rule of Civil Procedure 208.3(a)(9), the Movant has not obtained the concurrence of 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 or concurrence from them with respect to the filing of any motion in these proceedings. 19. Pursuant to Cumberland County Rule of Civil Procedure 208.3(a)(2), the Honorable Wesley Oler has previously ruled on prior motions filed by the parties hereto. WHEREFORE, the Movant respectfully requests that this Honorable Court issue an Order which Grants the instant motion and which DIRECTS and ORDERS the Co-Executrix and Co-Trustee Lisa Mumma Morgan to comply with the Auditor's ruling of August 3, 2009 directing her to produce copies of records corresponding to Items #2, #3, #4, and #5 on the Notice to Produce dated July 28, 2009, and to do so forthwith. DATE: September 11, 2009 Respectfully submitted, ~ ~-~ ~~ ~ Hobert M. umma, II Box F Grantham, PA 17027 (717) 612-9720 PRO SE 5 CERTIFICATE OF SERVICE I, Robert M. Mumma, II, pro se, do hereby certify that I caused a copy of the foregoing Motion 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 Martson Law Offices 10 East High Street Carlisle, PA 17013 Barbara Mann Mumma 541 Bridgeview Drivee Lemoyne, PA 17043 Linda Mumma Roth PO Box 480 Mechanicsburg, PA 17055 Joseph D. Buckley, Esquire Court-Appointed Auditor 1237 Holly Pike Carlisle, PA 17013 DATE: September 11, 2009 BY: ~ ~~~ Robert M. Mumma, II Box F Grantham, PA 17027 717-612-9720 PROSE 6 BOx F C~atrtt1am, PA 17027 (717) 612-9721 luty 28, 2009 George B. Faller, lr., E9gt~re No V. Oktp, III, Esc~ine 10 East tiigtt Str~aet Carlisle, PA 17013 R~ph A. Jaodu, E9gt~e 1515 Market Street - Sine 705 Phitade~t~ia, PA 19102 RE: Esta6e of Robert M. Mumma No. 2].~6-3~ Dear Counsel and/or Pities: ~'~Y ~, 1701 Marioet Street Philadelphia, PA 19103-2921 tlt~d2t Mturtma Root PC? Boot 480 Mechanicsee~rg, Pa 17oSs Enclosed please fmd a NoOoe tp Pnoduoe dkec~ed to Lisa I~xnma Morgan riega~ing the Aexlibor's hearing neokt week Th~lc y+ou far your anion. Yoeo~ trviY, ~, f ~ .;~ Robert M. Mumma, II P1R0 Ste' RMM-sgt ENC. CC: 7oaeph ~- Buckley. Estee - Cot~a~t-Ap~poir~ed Ae,c~ibor (w/ ants.) EXHlBlT A IN RE: ESTATE OF 1N THE COURT OF COMMON PLEAS OF ROBERT M. I~~ CL7NIBERI.AND COUNTY, PENNSYLVANIA. Dooeased ORPHAN'S COURT DIVISION N0.21-86-398 To Lisa Mimmna Mor~a~m - Co-Ea a®d Co-Tn~oe- Pursuant to Pa. RCS. 234.3, you are directed ~ produce the foIlowing: 1. A copy of the postnuptial agne~t between. Barbara McKimmie Mumma and the 2. A Dopy of the Union Qoaaies co®senot agcy with the U.S. Justice I)epartn~ 3. A copy of an3- co~pondence between Mr. Haswell and the Dooedeat Ong High- Spec, Inc.; 4. A spy of any cc~a+e.4pondence betweea Mr. Boswell, the Co-Execv~rioes/Co-Tn~tees, and David Batiwn regarding Hiigh,Spec, Inc. and the Din Deposit prnrhase of the ~'~ ~, 5. A ~Y of the Darin Deposit loam doam~s pig to the 1985 won of apparorcimately 5184,135.34 betw+oea 1•figh-Spec, Inc. and Kim Co~npeny at the Seooaxl Floor Court Room, Old C~mberhmd County Courthouse, ugh and Hanover Stnoets, Carlisle, P~nsylvania on August 3, 2009 st 8:30 a nn. If you fad to paochx:e the docsm~ts a: thine regained by this entice to pr+odnoe, yon maybe subject m the saadions aartha9ri~ed by Role 234.5 of the Pemnsylvaaia Rules of Civil Procedure. DATE: July 28, 2009 ~~'~~ `~= Rdbert Ni. Mumma, II - PRCYSE 840 Msdcd Strad -Suite 33333 Lemoyne, PA 1?043 (717} 612-9?21