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Home My WebLink About10-05-10IN RE: ESTATE OF IN THE COURT OF COMMON PLEaAiS OF ROBERT M. Iv~1JMMA, CUMBERLAND COUNTY, PET~`~.,VAN~ 1;>E~ceased ~ a a ORPHAN'S COURT DIVISION ~ri I r' . ~ " ' N0.21-86-398 ~ _ o ~ ~~'' ~ ~ ~', w EMERGENCY MUTTON TO STAY AUDITOR'S PRU ~' ING$ '~ r~"'v DUE TO RECENT APPOINTMENT' OF SUCCESSOR CO-EXECUT&~X AND NOW comes Robert M. Mumma, II, pro se, and files the above-entitl~dl motion, and in support thereof avers as follows: 1. The undersigned Movant is Robert M. Mumma, II, an adult individu~, acting pro se, who is a beneficiary / rc~rnainderman of the above-captioned Estate and the Trustscreated f,- _- {~ _' C!~ Cr"'r 17 F ~~._i ~ ! i ' ; ~-7 ~_~z-~ -~-_, _- c;~ .-.~-~ r- ..''~ ~) --; under the Will of the Decedent, as well as a trustee of contingent beneficiaries / remia~ndermen of the above-captioned Estate and Trusts. 2. The Co-Executrices of the Estate as appointed under the Will of the Decedent probated in 1986 were Lisa Mumma Morgan and Barbara McK. Mumma. 3. Said Co-Executrices secured Morgan, Lewis & Bockius and The Mal ton Law Office as legal counsel for the Estate. 4. Said Estate counsel previously filed accountings, inventories, state arkd federal tax returns, complaints, motions, and other court filings and legal documents on behalf b$the Estate. 5. The undersigned Movant has filed objections to the accountings and'', inventories filed by the Estate counsel on behalf of the Co-Executrices; said objections were filed in October 1991, in May 2004, and in January 2008. 6. Bazbara Mann Mumma also has filed a set of objections to the accountings and inventories filed by the Estate counsel on behalf of the Co-Executrices. 7. In a Petition for Appointment of Auditor filed January 5, 2005, the al'gresaid Co- Executrixes sought the appointment of an Auditor "to pass upon the objections" that ?were filed. 8. From October 29, 2008 through June 16, 2010, Auditor Joseph Buckley conducted at least thirty-four (34) hearings and/or pre-hearing conferences with respect to the Objections filed by both the undersigned Movant and Bazbaza Mann Mumma to the accountings and inventories of the Co-Executrices. 9. During the aforesaid Auditor's proceedings, Bazbaza Mann Mumma presented evidence and testimony -both expert and fact - in support of the Objections which she had filed to the accountings and inventories of the Co-Executrices. By way of example, Bazbara Mann Mumma presented expert testimony from expert witnesses who had determined, inter alia, that the Co-Executrices had over-funded the Mazital Trust. z 10. During the course of the aforesaid Auditor's proceedings, the Estate counsel on behalf of the Co-Executrices sought to challenge, contest, cross-examine, and otherwise undermine the merits of the Objections filed by both the undersigned Movant and Barbaza Mann Mumma. By way of example, the Estate counsel on behalf of the Co-Executrices challenged and contested the expert testimony presented by Bazbaza Mann Mumma with respect to'the over- funding of the Marital Trust. 11. At all material times during the aforesaid Auditor's proceedings, the'undersigned Movant and Barbara Mann Mumma were designated as the "Objectors." Specificall,~y the undersigned Movant was designated by the Auditor as "Objector 1," while Bazbaza Mann Mumma was designated by the Auditor as "Objector 2." Said designations obvioushy'stemmed from the fact that the undersigned Movant and Bazbaza Mann Mumma had each for#nrally objected to the accountings and inventories as filed by the Co-Executrices Lisa Mummia Morgan and Barbara McK. Mumma. 12. Therefore, at all material times with respect to the aforesaid Auditor's proceedings, Bazbaza Mann Mumma and the aforesaid Co-Executrices were legal adv~ersazies. 13. At the time that the Auditor's hearings were closed in June 2010, the pazties were advised that they could submit briefs to the Auditor prior to the filing of the Auditor's final report with the Orphans' Court. Pursuant to a subsequent Order issued by the Orphans' Court, the briefing deadline is this Friday, October 8, 2010. 3 14. On July 17, 2010, Co-Executrix Bazbaza McK. Mumma passed away. 15. Co-Executrix Lisa Mumma Morgan is the sole beneficiary under the Will and Trusts of the Estate of Bazbaza McK. Mumma; this testamentary design indicates undue influence was exerted by the Co-Executrix Lisa Mumma Morgan and/or the Estate counsel which contravenes the share and share alike testamentary intent of the Decedent Rab~rt M. Mumma. 16. On or about September 17, 2010, letters testamentary were issued to $azbaza Mann Mumma and she was appointed and sworn as the successor Co-Executrix pursuant to the terms of the Decedent's Will and Codicil. 17. Therefore, the Co-Executrices of the Estate aze now Lisa Mumma Mb~gan and Bazbara Mann Mumma even though said individuals were recently aligned against One another as legal adversaries during the Auditor's proceedings. 18. Upon taking the oath as Co-Executrix, Bazbaza Mann Mumma is novv sworn to fulfill her legal and fiduciary duties with fidelity, loyalty, and due diligence; therein, she is legally obligated to protect and promote the best interests of the Estate and its beneficiaries. 19. In order for Bazbaza Mann Mumma to adequately assume and fulfill Mer new legal and fiduciary roles, she must be given access to the records, documents, legal memoranda, tax filings, work product, and related file materials maintained by the Estate counsel on behalf of the Co-Executrices. 4 20. The briefing schedule and the filing of any Auditor's reports must be stayed because: (i) Barbara Mann Mumma was only recently appointed as the successor Co-Executrix a mere three weeks ago; (ii) Barbara Mann Mumma and her Co-Executrix Lisa Mumma Morgan were aligned as legal adversaries in the context of the lengthy and contentious Auditor's proceedings; (iii) the successor Co-Executrix must now have a reasonable opportunity to review Estate records, documents, legal memoranda, and other work products engineered by the Estate counsel over the past twenty four (24) years; (iv) the successor Co-Executrix must determine how the various positions taken by the Estate counsel and by Lisa Mumma Morgan during the course of the Auditor's proceedings can be reconciled with the Objections which have already been litigated before the Auditor (i.e., the over-funding of the Marital Trust); and, (v) the successor Co-Executrix must fulfill her new legal and fiduciary roles end therein address and appropriately reconcile the issues raised vis-a-vis the pending Objections which are distinctly at variance with the positions of the Estate counsel and Lisa Mumma Morgan. 21. Prior to the submission of any brief to the Auditor on behalf of "the Estate," the Estate counsel must be authorized by the Co-Executrices of the Estate to set forth any given position of "the Estate" as one that has been authorized and endorsed by the Co-Execcutrices of the Estate. The Estate counsel will be unable to legitimately reconcile the positions, issues, and arguments which it asserted before the Auditor with the positions, issues, and arguments asserted by Barbara Mann Mumma during said Auditor's proceedings (i.e., the over-funding of the Marital Trust). Hence, the Estate counsel should not be permitted to submit a legal brief on behalf of "the Estate" to the Auditor on or before October 8, 2010 until such time as the successor Co-Executrix can assume and fulfill her new legal and fiduciary roles on l~'ehalf of the Estate and its beneficiaries. 5 22. A stay of the briefing schedule and a stay of the issuance of the Auditor's report will not cause any undue prejudice on any party. 23. Furthermore, such a stay is necessary to ensure that this matter is appropriately addressed and/or resolved insofar as it will ultimately impact or govern the scope of the issues to be ruled upon by the Auditor, as well as subsequent review by the Orphans' Court end the Pennsylvania appellate courts. 24. In consideration of the foregoing, the undersigned Movant seeks a stay of the briefmg schedule of October 8, 2010, as well as a concomitant stay of the submission of any Auditor's report to the Orphans' Court. 25. Concurrence has not been obtained or sought from the Estate counsel and Lisa Mumma Morgan due to their prior positions taken in this matter against the Objectors. 26. The successor Co-Executrix Barbara Mann Mumma does concur with respect to the relief sought via the instant motion. 27. The Honorable J. Wesley Oler, Jr. has previously ruled on prior motions filed by the parties hereto. 6 WHEREFORE, based upon the reasons set forth hereinabove, the undersigned Movant on behalf of the Objectors respectfully requests that this Honorable Court issue an Order that stays the briefing schedule and the submission of any Auditor's report in this matte, and continue same for an indefinite period or until the parties other mutually agree and so notify the Orphans' Court. Respectfully submitted, DATE: rfl ~o~ / u i o ert .M a, II 840 Mazket St. -Suite 33333 Lemoyne, PA 17043 (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 EMERGENCY MOTION TO STAY AUDITOR'S PROCEEDINGS DUE TO RE~~NT APPOINTMENT OF SUCCESSOR CO-EXECUTRIX to be served this date by U.S. Mail, first class, postage prepaid, addressed to: Brady Green, Esquire Morgan, Lewis & Bockius, LLP 1701 Mazket Street Philadelphia, PA 19103-2921 No V. Otto, III, Esquire Martson Law Offices 10 East High Street Cazlisle, PA 17013 Bazbaza Mann Mumma 541 Bridgeview Dr. Lemoyne, PA 19043 Linda Mumma Roth PO Box 480 Mechanicsburg, PA 17055 Joseph D. Buckley, Esquire Court-Appointed Auditor 1237 Holly Pike Cazlisle, PA 17013 DATE: /0~o~'~y BY: obert M. M a, II 840 Mazket St. -Ste. 3333 Lemoyne, PA 17043 717-612-9720 PRO SE 10