Loading...
HomeMy WebLinkAbout02-11-11 IN RE: ESTATE OF ROBERT M. MUMMA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION N0. 21-86-398 IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE J. Wesley Oler, Jr. , J. , Cumberland County Courl~:h.ouse, Carlisle, Pennsylvania, on January 28, 2011, iri Courtroom Number One. APPEARANCES: Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 Auditor Robert M . Mumma, I I 6880 S.E. Harbor Circle Stuart, FL 34996-1968 Brady L. Green, Esquire Morgan, Lewis & Bockius, LLP 1701 Market Street Philadelphia, PA 19103-2921 Barbara Mann Mumma 541 Bridgeview Drive Lemoyne, PA 17043 ORIGINA! ~ d:~:: O :; _ _~', ~ n ~~x~~; '=fit ~. _ r -- ; ,.~,., `~, ~ m ~. _ , ~ - ...o ----~ ~ , , rf ~~ r : ~ ~ ~ . a ~.:~ ~ .,= r NDEX TO WITNESSES FOR ROBERT M. MUMMA, II DIRECT CROSS REDIRECT RECROSS Linda Mann Mumma 9 24 By Mr. Green 22 --- By Ms. Mann Mumma -- --- Barbara Mann Mumma 26 -- -- --~ Lisa Morgan 34 62,72 By Mr. Green 55 69 By Ms. Mann Mumma 59 71 Robert M. Mumma, II 74 84 By Mr . Green 7 9 - -- By Ms. Mann Mumma 82 --- 2 NDEX TO EXHIBITS FOR ROBERT M. MUMMA, II MARKED ADMITTED Ex. No. 1 - Florida paperwork 87 89 Ex. No. 2 - inventory 87 89 Ex. No. 3 - wire transfer 87 89 FOR RESPONDENT Ex. No. 1 - e-mail 56 91 3 • 1 1:52 p.m. 2 THE COURT: Please be seated. This i:s t=he 3 time and place for a hearing on a Motion for 4 Disqualification and Removal of Lisa M. Morgan as Executrix 5 and Trustee due to Conflict of Interest. I will ask 'the 6 persons who are present to identify themselves with i~:heir 7 addresses for the record so that the stenographer will 8 receive the benefit of that. Go ahead. 9 MR. GREEN: Your Honor, Brady Green for 10 Morgan, Lewis & Bockius in Philadelphia., 1701 Market Street, 11 Philadelphia, 19103. Also in court with me is Ms. Morgan. 12 THE COURT: Could you give her full name, 13 please, so we don't get confused? 14 MR. GREEN: Lisa M. Morgan. 15 THE COURT: And she is your client? 16 MR. GREEN: Yes, sir. 17 THE COURT: Okay. 18 MR. MUMMA: Robert M. Mumma, II. I live at 19 6880 Southeast Harbor Circle, Stuart, Florida, 34996.. 20 THE COURT: Okay. Than k_ you. 21 MS. MANN MUMMA: Barbara Mann Mumma. 22 THE COURT: I'm sorry. Speak up, please. 23 MS. MANN MUMMA: Barbara Mann Mumma, 24 541 Bridgeview Drive, that is B as in boy, Lemoyne, 25 Pennsylvania, 17043. 4 ~ • 1 THE COURT: All right. And you are 2 representing yourself? 3 MS. MANN MUMMA: Pro se. Excuse me, yE:s. 4 MR. GAULT: James Gault, 840 Market Street, 5 Suite 153, Lemoyne, PA, 17043. 6 THE COURT: Okay. Are you representing 7 anybody? 8 MR . GAULT : No, Your Horror . 9 THE COURT: You are an observer? 10 MR. GAULT: Yes, Your Honor. 11 THE COURT: Okay. 12 MR. MITTS: Hello, Your Honor, Maurice Mitts 13 from Mitts Milavec. That is Two Logan Square, 12th .floor, 14 Philadelphia, PA, 1 9103, and I have a ~>ending motion t.o 15 withdraw as counsel . 16 THE COURT: All right. 17 MR. MITTS: Thank you. 18 THE COURT: And is anybody else here? .L see 19 Joseph Buckley, the Auditor in the case, who is observing, 20 and if there are no other people to be identified, I think 21 the first order of business is the Motion To Withdraw as 22 Counsel for Robert M. Mumma, II, Beneficiary under 23 Duly-Probated Will of his Father Robert. M. Mumma. Thi:> 24 motion has been fil ed by Mitts Milavec, Esquire, on behalf 25 of himself and his office, and it alleges, Mr. Mumma,, ghat 5 • 1 you have dismissed him and his office, and unfortunately I 2 did not have enough time to consider the motion from t:he 3 standpoint of arguments one way or the other. What is your 4 position on the motion? 5 MR. MUMMA: I did dismiss it. The only thing 6 that I have -- the problem I have with the motion is I: 7 believe if it is issued the way that he's saying it, he is 8 getting a release from any liability during the period of 9 time that he represented me on these issues, and I don't 10 think that is fair. 11 THE COURT: But other than that you are in 12 agreement that he may withdraw his appearance on your 13 behalf? 14 MR. MUMMA: Yes. 15 THE COURT: And are you going to have another 16 attorney enter an appearance? 17 MR. MUMMA: Well, not far today, no. 18 THE COURT: All right. And, Mr. Mitts, did 19 you want to address the issue of this paragraph in your 20 proposed order that seems to relate -- relieve you of -~- 21 well, all it says is it relieves you of any responsik~:il.ity 22 as counsel. Did you mean that to relieve you of any 23 responsibility for prior services? 24 MR. MITTS: No. It was really to say that we 25 have no further obligation to represent Mr. Mumma as counsel 6 • 1 in these proceedings, that is all. It wasn't meant to imply 2 a release. 3 THE COURT: All right. Does anybody ~~1_se 4 have anything they want to say about this particular motion? 5 MR. GREEN: Your Honor, we have no objection 6 to the motion so long as it will not be asserted as a basis 7 to seek a continuance of this hearing or any other 8 proceeding. 9 THE COURT: Mr. Mumma, are you reques1~ing a 10 continuance? 11 MR. MUMMA: Not of this hearing, but .I would 12 request -- when the time is proper today I want to request a 13 continuance of any other hearings after this until the 14 estate hearings are complete. 15 THE COURT: Well, that is for another moment. 16 MR. MUMMA: Right. 17 THE COURT : Yes, you wanted to say sornet.hing? 18 MS. MANN MUMMA: I didn't hear what Mr_. Green 19 said, but I think I got the gist. Thank you. 20 THE COURT: Okay. We will enter this order: 21 AND NOW, this 28th day of January, 201:1, upon 22 consideration of the Motion To Withdraw as Counsel for_ 23 Robert. M. Mumma, II, Beneficiary under Duly-Probated Will of 24 his Father, Robert M. Mumma, filed by Mitts Milavec, 25 Esquire, on behalf of himself, and the firm of Mitts 7 • 1 Milavec, LLC -- I'm sorry. I have gotten your name a1_=L 2 mixed up. We will start that again. 3 AND NOW, this 28th day of January, 2011_, upon 4 consideration of the Motion To Withdraw as Counsel for 5 Robert M. Mumma, II, Beneficiary under Duly-Probated Will of 6 his Father, Robert M. Mumma, filed by Maurice R. Mitts, 7 Esquire, on behalf of himself and his f irm, Mitts Mi:La.vec, 8 LLC, and it appearing that there is no objection the=ret:o, 9 the motion is granted, and Maurice R. Mitts, Esquire,, and 10 Mitts Milavec, LLC, are relieved of any further 11 responsibility in this matter with respect to the 12 representation of Robert M. Mumma, II. 13 (End of order.) 14 THE COURT: Is that order satisfactory t:o all 15 interested parties? 16 MR. GREEN: Yes, Your Honor. 17 MR. MUMMA: Yes, Your Honor. 18 MR. MITTS: Yes, Your Honor, it is. 19 MS. MANN MUMMA: Yes, Your Honor. 20 THE COURT: All right. So ordered. YoL~. are 21 excused. 22 MR. MITTS: Thank you so much. Have a good 23 day, Your Honor. 24 THE COURT: You're welcome. And now t:his 25 brings us to the motion for disqualification and removal of 8 • 1 Lisa M. Morgan, and, Mr. Mumma, I think you can presume that 2 anything that is in the record I don't need to hear again. 3 You can refer to it in argument if you want, but we don't 4 need to repeat things that are in the record. Do yoga have 5 any witnesses that you care to call with new informa-ti.on? 6 MR. MUMMA: I do. When you cite the .record, 7 do you mean th e record established for this hearing or' the 8 total record? 9 THE COURT: The total record. 10 MR. MUMMA: Okay. Your Honor, I would like 11 to call Linda Mumma. 12 THE COURT: Okay. 13 Whereupon, 14 LINDA MANN MUMMA 15 having been duly sworn, testified as follows: 16 DIRECT EXAMINATION 17 BY MR. MUMMA: 18 Q Would you please state your name for t=he 19 record? 20 A Linda Mann Mumma. 21 Q And what is your address? 22 A 512 Creekview Lane, Mechanicsburg, 23 Pennsylvania. 24 Q And are you a beneficiary of the estate of~ 2 5 Robert Mumma? 9 • 1 A Yes. 2 Q And are you a tenant in common on various 3 real estate properties that at one time belonged to ei_i~her 4 Kim Co. or Pennsylvania Supply Company:' 5 A I know I have a tenancy in common ownership, 6 but I'm not sure which companies they came from. 7 Q Okay. But of various rE:al estate parcels? 8 A I believe so. 9 Q Okay. And do you recall_ that those ghat 10 you've got that tenancy in common interest, pursuant to a 11 suggestion by Morgan, Lewis & Bockius, that those companies 12 be liquidated? 13 MR. GREEN: I am going t:o object to tl~e 14 relevance of this. I don't know how it could possibly 15 relate to the purported conflict of interest in this matter, 16 plus this matter has already been adjudicated. 17 THE COURT: Okay. And did you have a 18 position on the objection? 19 MS. MANN MUMMA: Considering the length of 20 these proceedings, anything that would help us to move 21 forward, I would be in favor of hearing. 22 THE COURT: I don't know whether that means 23 you agree with the objection or do not. 24 MS. MANN MUMMA: I do not. I would like to 25 hear what she has to say. 10 THE COURT: Okay. Mr. Mumma, do you have a 2 response? 3 MR. MUMMA: Yes, Your Honor, this goes 'to the 4 performance of Ms. Morgan as an executrix and as a trustee 5 of these estates and her plans for the future and our 6 understanding of what our rights are acid the conflicts that 7 are involved here. 8 THE COURT: Well, that is much to general for 9 me. Do you want to make an offer of proof as to what ;she is 10 going to say that will apply to this motion? 11 MR. MUMMA: I believe she is going to say 12 that she has had very little contact from Ms. Morgan 13 regarding any of these properties, how they are being 14 handled, even if they've been sold or not sold. The ones 15 that were sold she probably is not aware of, and if we ask 16 questions we don't get answers, and recently she got a 17 letter saying that Ms. Morgan plans to pick and choo:;e who 18 gets what properties out of these trusts. 19 THE COURT: Well, you ca.n ask that que~st:ion. 20 Is that all true? 21 THE WITNESS: I'm sorry? 22 THE COURT: Is that all true, what Mr.. Mumma 23 said? 24 THE WITNESS: I would have to ask him to 25 repeat that for me so I can answer it. 11 • 1 THE COURT: You can ask that. 2 MR. GREEN: Your Honor, one objection 1 have 3 is Ms. Mumma, though she's a beneficiary, has not filed any 4 objections to anything, has not in any way participated. 5 She's not a movant with respect to the motion today a~~ far 6 as I know, and so I am not quite sure --- she is not a 7 complainant. Mr. Mumma obviously thinks that these ar.e 8 things that have gone wrong. It is hi~> objection. 9 Moreover, we are talking about, I think, 10 things that occurred over a period of decades rather than 11 events which have arisen since the death of Mrs . Murruna on 12 the July 17th, 2010, and the allegation in the motion is 13 that the conflict that we are here to talk about arose on 14 that date when she became simultaneously executor of her 15 mother's -- when Ms. Morgan became executor of her mot.her's 16 estate while still being a trustee under her father's will. 17 Any events prior to that; time are the subject 18 of the hearings before Mr. Buckley that. went on for 33 days 19 and ended a month before Ms. Mumma died and so -- including 20 all grounds for removal, which have been asserted to that 21 date, so for us to now rehash -- and notably Ms. Mumma -- 22 Ms. Linda Mumma did not testify at those hearings, was not 23 called as a witness by any party. 24 This has a bit of a ring of attempting t;o 25 substitute or supplement the record for those proceedings by 12 • 1 having her testify about things as to which the record is 2 appropriately closed. 3 THE COURT: Mr. Mumma. 4 MR. MUMMA: That is very clever, Your Honor, 5 but what he is forgetting to say is that until Ms. M~umma's 6 will was published in Florida, and until the terms of the 7 trust that she created in Florida and t;he inventory of~ her 8 estate was made public or made known to us, we don't have 9 any information to believe that they were going to take 10 assets from my father's estate where we each had a 11 one-quarter interest in those assets, and move them -to a 12 Florida estate -- or trust where my sister, Lisa Morgan, is 13 a sole beneficiary. So assets that we all had a qua:rt.er of 14 interest in up here are suddenly in Flc>rida, and she i:> the 15 sole beneficiary, and that is the first. time we knew that, 16 was sometime in August, August 13th -- 17 THE COURT: Ask that question and then let's 18 move on. 19 BY MR. MUMMA: 20 Q I would like to just clarify with her that 21 this tenancy in common was Morgan Lewis's proposal? 22 A That's correct. 23 THE COURT: Was what? 24 MR. MUMMA: Morgan Lewis proposed forrn.irig 25 these tenancies in common to us. 13 THE COURT: Okay. Is that true? 2 THE WITNESS: That is true. 3 THE COURT: Okay. What is the next question? 4 BY MR. MUMMA: 5 Q At that time were the properties -- werE~ you 6 led to believe that eventually after the death of 7 Ms . Mumma, your mother, we were going t;o get a pro rata 8 interest in those properties in this tenancy in common'? 9 A Correct. 10 MR. GREEN: Again, I object to the relevance. 11 This is 1986. 12 THE COURT: Okay. The objection is 13 sustained. Go ahead, Mr. Mumma, ask the next questior.~. 14 BY MR. MUMMA: 15 Q Would you have entered into that agreement 16 had you known you weren't going to participate in al_1 of the 17 properties that were on that list? 18 MR. GREEN: Again, I object . This is r.~ot 19 relevant to the purported conflict of interest that .Ls 20 alleged against Ms. Morgan. 21 THE COURT: How does it relate to a co:nf=lict 22 of interest? 23 MR. MUMMA: Because Ms . Morgan has tal~eri 24 these properties that we all had a quarter interest in and 25 she has now put herself in a position where she's going to 14 • 1 decide which one of the properties we will be lucky ~~riough 2 to get and which ones she's going to get. That is the 3 conflict of interest. 4 THE COURT: How will this witness help us 5 with that? 6 MR. MUMMA: Because that: wasn't the 7 understanding we had from Morgan Lewis & Bockius's p_itc:h to 8 us way back in 1986. 9 THE COURT: I am going t:o sustain the 10 objection. What's the next question? 11 BY MR. MUMMA: 12 Q Have you ever been able to get any 13 information from Ms. Morgan since the death of Ms. Mumma 14 about what is going on with getting your interest in these 15 trusts? 16 A I haven't gotten any information per :~e that 17 I know of that I recall getting that relates to the trust. 18 Q Do you believe that 6 months is a long time 19 when the will says that they are supposed to distribute 20 these assets? 21 MR. GREEN: I object. That is clearly an 22 argumentative question. 23 THE COURT: Sustained. 24 BY MR. MUMMA: 25 Q Do you believe that you will be treated 15 • 1 fairly by Ms. Morgan on a distribution at her selection? 2 MR. GREEN: Again, I object. It is 3 argumentative. It calls for a lay opinion. It's 4 speculative. 5 THE COURT: Sustained. 6 BY MR. MUMMA: 7 Q Do you have any information on these 8 properties that she might receive, current information 9 whatsoever whether or not they have environmental ha:za.rds or 10 what the taxes are on them or whether t.here's a mortgage or 11 anything. Have you been given any information? 12 MR. GREEN: Again, I object to the relevance 13 of what information she has. 14 THE COURT: The objectic>n is overruled. 15 MR. MUMMA: Did you say overruled? Thank 16 you . 17 THE WITNESS: I don't have any information on 18 that. 19 BY MR. MUMMA: 20 Q So you could be getting a quarry hole 21 somewhere as your distribution and she could be taking an 22 occupied warehouse? 23 MR. GREEN: Again, I object. 24 THE COURT: Sustained. 25 BY MR. MUMMA: 16 • 1 Q Would you prefer to follow the terms of the 2 will, which says that the properties will be distrib~ut:ed -- 3 the assets from the trust will be distributed share grid 4 share alike? 5 MR. GREEN: I object to the question. .I mean 6 again, her preferences as to how she wants to be treated -- 7 the question ultimately on that issue would be wheth~~r 8 Ms. Morgan's proposed final distribution as trustee is 9 appropriate. There will be an opportunity to object by all 10 parties, and ultimately I presume the Court will makE= a 11 decision on that issue. 12 THE COURT: Sustained. 13 BY MR. MUMMA: 14 Q Did you attend a meeting on October 5-th in 15 Carlisle, Pennsylvania, at the offices of the Martson firm? 16 A I was at a meeting at the Martson firm. 17 THE COURT: I'm sorry, but you will have to 18 lean forward and speak into the microphone. 19 THE WITNESS: I was at a meeting at their law 20 firm, but I don't remember the date. 21 BY MR. MUMMA: 22 Q Okay. Was it October? 23 A I don't know. 24 Q And do you recall being told that -- 25 Ms. Morgan announcing that she wasn't going to make any 17 distributions from the trust until she had a global 2 settlement on the estate issues? 3 A I don't think I was there at that time. Is 4 this the meeting we just recently had? 5 Q Back in October. 6 A October. I left that meeting before there 7 was a lot of discussion. 8 Q Okay. Would you rather have your quart:er 9 interest in all of the properties than having her dist.r_ibute 10 what she thinks you would like to have? 11 MR. GREEN: Again, I object. 12 THE COURT: Sustained. 13 MR. MUMMA: Your Honor, this goes to whether 14 or not she -- 15 THE COURT: No, you are asking quest.iorls 16 that are not relevant to the issue of whether this executrix 17 and trustee should be removed. If she does something wrong 18 in the future, that is a different issue, but the mere fact 19 that this witness would like her to do what is right,. t:hat 20 is obvious. I would like her to do what is right too, but 21 the question is should Ms. Morgan be dismissed? 22 MR. MUMMA: She has already done it b_y t:aking 23 assets that were in my father's estate and subject to G~. 24 share and share alike distribution to his children, and 25 moving those assets to a trust in Florida for herself=. 18 • 1 THE COURT: Well, you can make that point, 2 but let's move on at this point. 3 BY MR. MUMMA: 4 Q Were you a shareholder ~'~n Kim Co.? 5 A I believe so, yes. 6 Q Have you ever received money from the ~>ale -- 7 from a Kim Co. note, in satisfaction of= a Kim Co. note from 8 High Spec? g MR. GREEN: I would ask for an offer. GVe had 10 days of testimony about this High Spec dispute, Your Honor. 11 This goes back to 1989. 12 MR. MUMMA: This goes back to the last month 13 when we got a new piece of evidence here. 14 THE COURT: A new piece of evidence? 15 MR. MUMMA: Yes. 16 THE COURT: What does that mean? 1? MR. MUMMA: In another case they submitted a 18 wire transfer instruction transferring funds from Kim C'o. to 19 my father's account in Florida to purchase a lot in Florida, 20 and Kim Co. was liquidated in December, on December ]_9th, 21 1986, pursuant to a plan of liquidation. 22 That plan of liquidation adopted by the 23 shareholders called for all of the assets of Kim Co., 24 including this note receivable, to be distributed directly 25 pro rata to the shareholders. Kim Co. has never beer. repaid ~9 1 • 1 for that note. Even though the property was sold at t:he 2 estate's request in 1987, they have never paid off t:he Kim 3 Co. note. 4 THE COURT: Is this one of the issues before 5 Mr. Buckley? 6 MR. MUMMA: It wasn't because I did not: have 7 this wire transfer information when Mr. Buckley was having 8 those hearings. There's another Kim Co. note that was the 9 subject of that, but now we find that Kim Co. had two 1_oans 10 to High Spec. 11 THE COURT: Okay. You may ask the quest:ion. 12 MR. GREEN: It is certainly clear this 13 witness doesn't know anything about it. 14 MR. MUMMA: Well, that was my question. 15 THE COURT: I don't know if she knows or not. 16 You may answer the question. 17 BY MR. MUMMA: 1g Q Did you ever receive any payment for t;ha.t 19 $200,000 loan they made to buy the lot in Florida? 20 A Not that I know of. 21 Q Did you believe from your information from 22 Morgan, Lewis & Bockius that you were entitled to 23 one-quarter of the assets of your fathe.r's estate? 24 A Yes . 25 MR. GREEN: Again, I object. 2 n 1 THE COURT: Sustained. 2 BY MR. MUMMA: 3 Q Are you aware of the High Spec case in 4 Florida? 5 A I just know that there is a High Spec case. 6 I don't know all the details. I haven't read the case so I 7 don't know. 8 Q Do you believe that my f=ather's estate ;should 9 have any interest in High Spec? 10 A I have no idea. 11 MR. GREEN: Objection again. 12 THE COURT: Sustained. 13 BY MR. MUMMA: 14 Q Do you believe you have any right to a:ny 15 interest in High Spec? 16 A I have no idea. I don't know where the 17 interests lies in High Spec. My understanding was that. it 18 was a partnership between you and dad. 19 Q Right. You never contributed any funds to 20 it? 21 A No. 22 Q So do you have any reason to believe you 23 would have an interest in it? 24 A No. 25 MR. MUMMA: That's all I have. 21 • 1 THE COURT: Okay. Mr. Green, do you have any 2 questions of this witness? 3 MR. GREEN: Just a couple, Your Honor. 4 CROSS EXAMINATION 5 BY MR. GREEN: 6 Q Ms. Mumma, good afternoon. ~ A Hi. g Q The meeting in October of 2010 at the Martson 9 office that you attended at least part of, do you recal_1 who 10 invited folks to have that meeting? 11 A No. 12 Q You don't recall that Ms. Morgan throu~~h 13 Mr. Otto invited folks to come in and talk about matters 14 relating to the estate? 15 A Lisa -- I think Lisa asked everybody 1..o come 16 in. I'm not sure of all of the technicalities, whether it 17 was just Lisa or whether it was the law firm or who. I'm 18 not sure. 19 Q Now, if there was an asset that was worth 20 $850,000 to the residual trust, you would expect your 21 sister, Lisa, to make sure that that asset was protec:t=ed and 22 ultimately that the value was realized :by the residua. ]_ 23 trust; isn't that right? 24 A I can't answer that because I don't really 25 understand the residual trust. 22 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. Well, if one of the trusts that you are a beneficiary of had an asset worth $850,000 you would expect that your sister's taking care of it, wouldn't you? A I would expect that she would honor the will. Q Okay. Are you aware that one of the as;~ets listed on the accounting for the residual trust that you received is an $850,000 amount owing by Mr. Mumma to the residual trust as a result of the High Spec litigation. he asked you about? A If that is the case, I wouldn't want it. .. Q Okay. The question was are you aware of it? A I don't -- I knew that there was some :money that was a judgment. I heard there was a judgment. I didn't know how it came about or what the amount of rnor.~ey was, but I do not want to participate in that. Q Okay. And you still don.'t know where it. came from? A No . MR. GREEN: Okay. Thank. you. That's al.l the questions I have. THE COURT: Ms. Barbara -- MS. MANN MUMMA: I have no questions o_f this witness. THE COURT: No questions. Okay. Mr. Mumma, do you have any redirect examination? 23 1 REDIRECT EXAMINATION 2 BY MR. MUMMA: 3 Q Did you recently receive a distribution from 4 DE Distribution Corporation? 5 A Yes, I did. 6 MR. GREEN: This is beyond the scope of my 7 cross. 8 THE COURT: What? 9 MR. GREEN: I believe this is beyond the 10 scope of the cross examination. 11 THE COURT: Well, for some reason you asked 12 her about wha t she is getting from someplace. Now I am 13 going to let Mr. Mumma ask her about it.. 14 BY MR. MUMMA: 15 Q Are you a shareholder of~ DE Distribut.iorl? 16 A I believe so. 17 Q Did anybody call you and say, hey, we're 18 going to give you a dividend amount? 19 A No. 20 Q You have no knowledge whatsoever of th.i~~ 21 until the day you got the check? 22 A Correct. 23 Q And you have no information as to how much 24 money may sti ll be in the distribution? 25 A I have no idea. 24 • 1 Q And you don't know where all of the money 2 went either, do you? 3 A I have no idea. 4 Q Were you aware of the shareholder agreements 5 between me and dad? 6 A No. 7 MR. GREEN: Again, I ob_~ect. This is well 8 beyond the scope of cross. 9 THE COURT: Sustained. 10 MR. MUMMA: Your Honor, he asked her a~>out 11 the $800,000 in High Spec. Well, there was a shareholders 12 agreement in High Spec. 13 THE COURT: I'm going to sustain the 14 objection. What I really need, Mr. Mumma, is for you t:o get 15 on the stand and tell me why you think a conflict ha:~ arisen 16 as a result of your mother's death, and. I really don"-t think 17 this witness is going to be able to help that much. 'You are 18 the one that knows what your -- the basis for your motion 19 is. She doesn't, as far as I can tell. 20 MR. MUMMA: Well, it is not just me. I want 21 the Court to know also that we are all being treated i~his 22 way and have been for the duration of this. For the past 20 23 some years they have converted our assets. 24 THE COURT: I understand that there are a 25 number of children involved. Now go ahead. Anything else? 25 • 1 MR. MUMMA: Not of this witness. 2 THE COURT: Okay. Let's see. Ms. Mumma, 3 Barbara Mumma, any further questions? 4 MS. MANN MUMMA: Of this witness, no. 5 THE COURT: And Mr. Green? 6 MR. GREEN: Nothing further. 7 THE COURT: Okay. You may step down. Thank 8 you . Mr . Mumma . 9 MR. MUMMA: I would like to call Barbara 10 Mumma . Barbara Mann Mumma . 11 Whereupon, 12 BARBARA MANN MUMMA 13 having been duly sworn, testified as follows: 14 DIRECT EXAMINATION 15 BY MR. MUMMA: 16 Q Would you please state your name for -the 17 record? 18 A My name is Barbara Mann Mumma. 19 Q And your address? 20 A 541 Bridgeview Drive, Lemoyne, Pennsylvania, 21 17043. 22 Q Are you an executrix of the estate of Robert 2 3 Mumma ? 24 A I was appointed an executrix of the e:~ta.te on 25 September 17th, 201 0. 26 1 Q Have you asked for any information from the 2 Morgan Lewis law firm since that appointment regarding the 3 estate? 4 A There recently came to my attention ghat 5 there was a letter to be sent to Mr. Green that I have found 6 out as of ye sterday was never received by him. 7 Q Have you had any discussions with Lisa Morgan 8 since then? 9 MR. GREEN: Since? 10 THE WITNESS: The October 5th meeting'? 11 BY MR. MUMMA : 12 Q Since your appointment? 13 A The October 5th meeting was after my 14 appointment, and it is the only time I have had discus~;ions 15 to my memory with Lisa. 16 Q Were you in the room for the whole mee~ti_ng? 17 A Yes. 18 Q And do you recall her making the statement 19 that she was making no distributions from the trust until 20 she got a global release? 21 A Yes. 22 Q Do you recall that dad's will uses the terms 23 for the distribution of the property from the trust of share 24 and share alike? 25 A I probably should review the will, but: if you 27 • 1 are paraphrasing, yes, that is what he wanted his pu=rpose to 2 be, for us to share and share alike. 3 Q And all participate in t:he ownership and 4 management of these assets? 5 MR. GREEN: I object. I= mean her 6 interpretation or characterization of the will is not 7 relevant. It is a matter of either the written word or_ the 8 legal interpretation. 9 THE COURT: Isn't the wi_11 a part of -the 10 record? 11 THE WITNESS: Yes. 12 THE COURT: I would assume it would b~~. As I 13 indicated, I think we will be here for many months i=E we 14 review the whole record. I can take judicial notice of. what 15 is in the record. 16 THE WITNESS: Okay. 17 MR. MUMMA: Well, I would like you to take 18 notice of the terms of distribution. After the demise of my 19 mother, these trusts terminate. We were to receive t]~e 20 assets, share and share alike, one-quarter each. 21 THE COURT: Okay. Well, I will certa:in.1_y 22 look at the will. 23 BY MR. MUMMA: 24 Q Are you a tenant in common in the real estate 25 that was derived from the liquidation of Kim Co. and 28 • 1 Pennsylvania Supply Company? 2 A Yes. 3 Q And when we signed that agreement, was :it 4 your understanding from Morgan, Lewis & Bockius that t;he 5 balance of that real estate would be distributed to us after 6 the trust expired? 7 MR. GREEN: I object. This is clearly the 8 same question as to which an objection was sustained t:o 9 Linda Mumma, and again her understanding in 1986 of the 10 interpretation of some agreement which is already in t:he 11 record and already the subject of judicial rulings i~s 12 irrelevant to these proceedings. 13 THE COURT: Mr. Mumma. 14 MR. MUMMA: Well, I think her understanding 15 is important. At that time Ms. Morgan was an attornE~y at 16 Morgan, Lewis & Bockius. She was one of their -- I mean 17 they put together this plan. They sold to us on the :basis 18 at the end of the day we would all have our quarter interest 19 in these properties. 20 THE COURT: The objection is sustained. I am 21 interested in knowing why there is a conflict now as a 22 result of your mother's death. 23 MR. MUMMA: The conflict., Your Honor, :has 24 been ongoing since the beginning of their -- of her ~laridling 25 -- her and my mother's handling of this estate. The problem 29 • 1 is we didn't find out about it until my mother died and they 2 published her estate and this trust and her will in Florida. 3 That is the first time we knew that Lisa had diverted all of 4 these assets into a trust down there that she was the sole 5 beneficiary of. 6 THE COURT: I think you are the best person 7 to tell me that, and we are fast running out of time. 8 BY MR. MUMMA: g Q Were you aware of this distribution from DE 10 Distribution? 11 A Yes. 12 Q Were you aware of it prior to it being made? 13 A No. 14 Q As an executrix of the estate, did anybody 15 talk to you about making this distribution? 16 A No. 17 Q DE Distribution is a corporation of which the 18 marital trust holds stock, some stock, correct? 19 MR. GREEN: Again, I object to this. 20 THE COURT: It is a leading question. 21 Sustained. 22 MR. GREEN: Well, and, Your Honor, there's 23 now been a switch. We were asking about the estate. Now 24 the marital trust. She is not a trustee. I mean all. of 25 this is not going to the conflict issue. I think it is all 30 1 irrelevant. 2 THE COURT: The objection is sustained to the 3 question. 4 BY MR. MUMMA: 5 Q Are you a shareholder o.f DE Distribution? 6 A Yes. 7 Q And did anybody consult you -- did Ms. Morgan 8 consult you prior to making this dividend? 9 MR. GREEN: I object to the relevance. It is 10 a corporate matter. We are here about a conflict as a 11 fiduciary. I think it is irrelevant. 12 THE COURT: Mr. Mumma. 13 MR. MUMMA: Well, I don't think it is 14 irrelevant from a corporate point of view that Ms. Morgan 15 takes it upon herself to declare a dividend. It dim_ir.~ishes 16 the value of that stock in the trust that we are going to 17 receive. 18 THE COURT: Okay. You can ask that question. 19 BY MR. MUMMA : 20 Q Doesn't the dividend that they distributed -- 21 do you know where all of the money went? 22 A I have no idea. 23 Q You know how much you got, but you don't know 24 who else got money out of that? 25 A No. 31 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And if I told you some of that money went to the new trust that they set up in Florida, would that surprise you? THE COURT: would be surprised or not. BY MR. MUMMA: It doesn't matter whether she Q Were you aware of that? A No. Q As a shareholder of DE would you -- isn't one of the questions in front of Mr. Buckley as to whether or not they over funded the marital trust? MR. GREEN: Again I object. What is iri front of Mr. Buckley is well within the record. It has al=ready been briefed. THE COURT: I am going to sustain the objection. You may recall her if you feel that you can't establish this through your testimony, but we are going to be here for days and days the way we always are with triese hearings, and I just don't have that time. MR. MUMMA: Well, T'm sorry, Your Honor, but THE COURT: Let me speak. I honestly would like to be able to make a considered decision in thi~~ case, but every hearing we have you make it more and more difficult because it becomes so confusing as to what you are 32 • 1 arguing. You are the best witness for all of this. These 2 witnesses that you are calling are simply not helpful.,, and 3 we have a very limited amount of time. I would like too hear 4 from you as to exactly what you think the conflict is. 5 Then if you feel that you need to call more witnesses that 6 is fine, I'll be glad to hear them, but I am scheduling now 7 into May of this year. g MR. MUMMA: I will be glad to tell you. what 9 it is, but I don't know how I go about asking myself 10 questions. 11 THE COURT: Well, that is one problem with 12 not having an attorney, but you have done it before aril you 13 are smart enough to be able to do it. 14 MR. MUMMA: Well, the answer is I don't: have 15 an attorney because he had no preparation for this. ~`e was 16 spending all of his time on the phone with Mr. Green. 17 BY MR. MUMMA: lg Q Do you believe that the properties and t=he 19 estate should be distributed share and share alike? 20 MR. GREEN: Again, they should be distributed 21 in accordance with the will. Her personal views are 22 irrelevant, and they will be distributed as the Court; 23 approves subject to objection. 24 THE COURT: Sustained. 25 MR. MUMMA: No more questions. 33 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 • • THE COURT: Mr. Green. MR. GREEN: I have no questions. THE COURT: Okay. You may step down. Thank you . Mr . Mumma . MR. MUMMA: We call Lisa Morgan. Whereupon, LISA MORGAN having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. MUMMA: Q please? A Q A Florida, 33483. Would you state your name for the record, Lisa Morgan. And your address? 1140 North Ocean Boulevard, Delray Beach, Q Are you familiar with the documents t]~at= have been filed in Florida? A You would have to be more specific. Q Well, are you the sole executor of your mother's estate in Florida? A Yes. Q And are you the sole beneficiary -- primary beneficiary of that estate? MR. GREEN: I object to the relevance of 34 ~ u • 1 that. She is a beneficiary. I don't .know that anyrr.ore 2 detail on that point is relevant to the proceedings. 3 THE COURT: Mr. Mumma. 4 MR. GREEN: I'll withdraw the objection. 5 THE COURT: Okay. Go ahead. 6 BY MR. MUMMA: 7 Q I think they even admitted that she is -- are 8 you aware of claims being filed against your mother's estate 9 in Florida by myself and by your sister? 10 A Yes. 11 Q And have you instructed Mr. Pressly -- he's 12 your attorney in Florida? 13 A Yes. 14 Q And you filed objections to those claims? 15 A Yes. 16 Q Okay. Now, those claims go to the 17 administratio n of the trust and the estate here in 18 Pennsylvania, do they not? 19 A I mean the claims kind of speak for 20 themselves. I don't know specifically. What I have :ir.~ 21 front of me does not detail what the claims are. 22 Q Well, did you review the claims with your 23 attorney before you told him to object to them? 24 MR. GREEN: I am going to object to the 25 privilege aspect of that. I mean I guess if it is simply 35 whether she reviewed but -- 2 THE COURT: Which paragraph of your motion is 3 this relating to? 4 MR. MUMMA: The conflict issue. She i_s an 5 executrix of two different estates. 6 THE COURT: True. ~ MR. MUMMA: Okay? g THE COURT: Yes. g MR. MUMMA: This estate the claim is that 10 they have over funded the marital trust=. The estate i_n 11 Florida is where all of these assets ended up, not all_ of 12 them, but that is where -- that is what: the claim is i_n 13 Florida, that these assets in Florida shouldn't be down 14 there in that trust. They belong in the trust in 15 Pennsylvania. 16 THE COURT: Okay. Go ahead and ask t.~e 17 question. 18 BY MR. MUMMA: 19 Q How do you resolve that, Ms. Morgan? 20 A How do I resolve what? 21 Q Did you talk to your sister, your fellow 22 executrix, about that position? 23 A I'm sorry, Bob. About what position? 24 Q You know that her position here in 25 Pennsylvania is that the marital trust was over fundE~d? 36 A Babb's position as executrix is that t:he 2 estate over funded the marital trust? 3 Q Yes. 4 MR. GREEN: I object. `.Phe question's 5 argumentative, as executrix. 6 THE COURT: You can ask it. Go ahead. 7 BY MR. MUMMA: g Q Wasn't that briefed and everything, that they 9 undervalued the assets that they put into the marital i~rust 10 which resulted in more money being placed in that pecuniary 11 trust than was allowed by the will? 12 A I believe Babbs made the claim that the 13 marital trust was over funded, but I don't believe s]~e could 14 have, should have, made that claim as an executrix because 15 as an executrix of the estate she should be defending t;he 16 position of the estate, not challenging it. 17 Q Well, when you say that, where would -the 18 money go if it didn't go into the marital trust? 19 A What do you mean? What money? 20 Q If you over funded the marital trust, grid 21 somebody says you've got to put that money back, where would 22 you put it? 23 A I believe -- I would have to confirm vv _Lt.h 24 counsel. I believe it goes back to the residuary trust. 25 Q Okay. Who are the beneficiaries of the 37 residuary trust? 2 A The same beneficiaries as the marital -trust. 3 Q Okay. The only difference is you can.' ~~ take 4 those assets out of the residuary trust and send them ~to 5 Florida, can you? 6 MR. GREEN: Again, that is argumentative. ~ THE WITNESS: That is not quite the ri.q_ht 8 characterization. g THE COURT: The objection is overruled.. 10 BY MR. MUMMA: 11 Q Well, how would you characterize it? 12 A Well, under the marital trust mom had an 13 absolute right to a 5 percent draw, and she had a right to 14 the .income whether it is in the residuary trust or the 15 marital trust. There is no distinction there between the 16 trusts. So I guess in answer to your question, rega=rdless 17 of where the assets are, the residuary or marital trust;, mom 18 had a right to the income, which is an asset of the i~rust 19 regardless which trust it was in. 20 Q Well, let's be clear here. The will says 21 that you take the assets and you place them into two 22 different trusts, the residuary and a marital; is that 23 correct? 24 A Yes. 25 Q And then the income that those assets earned 38 is income available to Kim, to your mother? 2 A Well, the income becomes an asset of t:he 3 trust. 4 Q Well, she's entitled to that income? 5 A Correct. 6 Q Okay. But the assets themselves were 7 designated for the beneficiaries? g A I guess I'm confused. .C don't know what 9 assets you are talking about. If you are talking aboui~ 10 moneys that she took to Florida, it was the income. 11 Q Well, I put in front of you there an 12 inventory that you f fled or your attorney f fled in F:lc>rida . 13 Now, you are saying it was income, that: these assets that 14 are in her estate all came -- that that. came from my 15 father's estate, all got there because they were incorr~e? 16 A Well, not all of these assets on this list 17 had anything to do with either of the trusts. lg Q Okay. Not all of them. Let's go down t:o 19 Boba1L. 20 A Where is that? 21 Q That is is down towards the bottom about. a 22 third of the way up. 23 A Okay. 24 Q How did shares of Bobali Corporation, which 25 your father had no interest in, end up -- 39 • 1 A She bought Linda's -- she bought somE~ of 2 Linda's shares, as you'll recall. 3 Q Well, isn't that issue in dispute? 4 A That she bought some of the shares? I don't 5 believe so. 6 MR. GREEN: Your Honor, that is exactly the 7 problem. What Mr. Mumma is asking Ms. Morgan about now is 8 in dispute before Mr. Buckley. It has been briefed and so 9 we are j ust saying the same things that= we have been ti~aying 10 for 33 days, that there is a dispute about the Bobali 11 ownership. 12 THE COURT: Is that correct, Mr. Mumma:' 13 MR. MUMMA: Well, I believe the dispute as to 14 whether or not Ms. Mumma owned those shares goes back to a 15 dispute between my sister Linda, but the question is,, was 16 Bobali ever even properly -- I mean nobody was entitled to 17 buy Bobali's shares. lg MR. GREEN: And there were days of te:~timony 19 about this in the hearings before Mr. Buckley. 20 THE COURT: All right. I will sustain t:he 21 objection. I am not going to remove an executor or a 22 trustee when something is in dispute. That is not for_ me to 23 decide here. It is in front of Mr. Buckley at the moment, 24 and eventually -- 25 MR. MUMMA: Well, I don't think Mr. Buckley 40 1 even has the ability to solve that issue, but if Bobali 2 Corporation -- my father owned no stock in Bobali. 3 THE COURT: What's the next question? 4 BY MR. MUMMA: 5 Q GAT Distribution Corporation. 6 A Yes. ~ Q That didn't come as income, did it? 8 A I am not sure whether that came as income or 9 whether that came from a time and point that she was 10 entitled to income and/or a 5 percent distribution a:nd there 11 was no cash available in the marital trust or residuary 12 trust, and so another form of distribution was made iri lieu 13 of cash. 14 Q Okay. And by putting that GAT Distribution 15 Corporation stock in a new trust in Florida, isn't that 16 depriving your siblings of their ability to control t:he 17 corporation? lg MR. GREEN: This is argumentative in -~er_ms of 19 tone. It also -- this talk about putting something in the 20 trust, we're talking about Ms. Mumma's testamentary t=:rust 21 under her will. Whatever she owned is in the trust. It is 22 not some secret transport of something to Florida. 1.t is a 23 simple matter of that is what her will provides. I 24 understand there's a claim that that stuff shouldn't k~e 25 there. That is what is before Mr. Buckley. 41 • 1 MR. MUMMA: Your Honor, that is very clever, 2 but the issue is that this stuff started off in my fat=per's 3 estate. They have a duty to us too to protect our interest 4 in these assets and not let control of these assets :pass 5 down to Florida and back to Lisa Morgan. That is where she 6 is conflicted. '7 When she reduces the assets in the marital 8 trust up here and gains assets in the riew trust down i.rl 9 Florida, that is disadvantaging us. We have nothing -~- we 10 can't say anything about it, we can't do anything about: it. 11 She just does it. And they have been doing it. 12 THE COURT: Are these issues before 13 Mr. Buckley? 14 MR. MUMMA: No, because nobody knew about 15 this other trust. 16 THE COURT: Mr. Green, a.re they before 17 Mr. Buckley? lg MR. GREEN: The underlying events are al.l 19 before Mr. Buckley. What we are talking about is asti~ets 20 that Ms. Mumma scooped out of the trust during her lifetime. 21 She died with them as a part of her estate . They bec:a:m.e 22 subject to her will and went into a trust. 23 Mr. Mumma knew and argued that it was 24 improper that she took those assets. He argued that they 25 should never have been filed a part of :his father's ens-tate, 42 • 1 that they never should have gone into the trusts, that= they 2 never should have been scooped out by his mother, than she 3 didn't use the right values when she did that. All of_ that 4 is the subject before Mr. Buckley. 5 The only new fact is now instead of 6 Ms. Mumma being the one who owns the assets she allegedly 7 stole, they are now owned by a trust udder her will. That 8 is the only change. g MR. MUMMA: That's not t=he only change. The 10 change is that where when she died before she set up this 11 other trust, those assets would have came to us. Th<~.t. is 12 the difference that they are trying to say -- those assets 13 that ended up in that trust in Florida, this stock in I)E 14 Distr=ibution, the Union Quarry stock, all of that stuff= 15 would be ours, and if she made the distribution, which. she' s 16 not going to do she tells us, we would have a quarter of an 17 interest in all of those assets, but because she allowed 18 them to go into a new trust in Florida, which she is sole 19 beneficiary of, she's achieved not a share and share alike 20 as set forth in my father's will, but a superior 21 distribution out of my father's estate to everybody else's 22 detriment. 23 THE COURT: Okay. You can ask the question. 24 BY MR. MUMMA: 25 Q DE Distribution, Kim didn't have that --- 43 • 1 isn't that the old -- a derivation of the old Pennsy Supply? 2 A No . 3 Q It is not? 4 A No. 5 Q What is it a derivation of? 6 A 999. ~ Q 999? g A Yes. g Q And did your mother own any stock in 999? At 10 the time of my father's death, did she own any stock i.rl 999? 11 MR. GREEN: What could possibly be th~~ 12 relevance of what she owned when his father died? Thi~> is 13 the same argument, she stole all of this stuff during her 14 lifetime, and then she gave it to Lisa when she died. That 15 is what the whole grievance is. And th.e bait and switch is 16 that it was -- all of this was known. The only variable was 17 Mr. Mumma saying it all would have come to him. He had no 18 expectation good, bad or indifferent that his mother would 19 leave him anything. She distributed the assets that went to 20 her in her -- in her will. 21 The fight before Mr. Buckley was about= 22 whether -- which of those assets properly went to her. during 23 her 1_ife. We have already fought all of those issue~~, and 24 actually what she did with those assets at her death is 25 immaterial. If she had left them to charity, if she had 44 • 1 given them to a neighbor, if she had lE~ft them to a pet, it 2 really is totally immaterial what her distribution plan was. 3 The issue is whether she properly owned those 4 assets, and that is what we have spent 33 days arguing about 5 in front of Mr. Buckley. 6 THE COURT: Mr. Mumma. 7 MR. MUMMA: Your Honor, he is trying to 8 convolute this again. The issue is on the day that my 9 father died we would have had certain assets put into the 10 trust that he established, and the day my mother died those 11 assets would have come out to us, and we would have been 12 pretty much 25 percent of everything to each of us. 13 Their actions, hers and my mother's --- rlow, 14 my mother didn't do it all alone. My mother would have been 15 conflicted to take assets and give them to herself. She 16 would have been conflicted to do it. My sister part__ci.pates 17 in it with her, and her attorneys, they participate in it 18 with her. She is conflicted too. Just because she did. i.t 19 while my mother was alive, the conflict is still there 20 because now they have filed a brief with Mr. Buckley after 21 my mother died. My mother never read this brief. My :m.other 22 didn't have an opportunity to sign onto this brief, but that 23 is what they filed. My sister is appropriately an executrix 24 -- 25 THE COURT: You can ask three more questions 45 • 1 on this point, and then we will move on. Take your best 2 questions. 3 BY MR. MUMMA: 4 Q Mumma Realty Associates One, isn' t that; a 5 tenancy in common? 6 A Yes. ~ Q And wasn't that tenancy in common set up by 8 Morgan, Lewis & Bockius? g MR. GREEN: Again, I object. 10 THE COURT: The objection is overruled. 11 That was the second question. What is the answer, to t:he 12 best of your knowledge? 13 THE WITNESS: To the best of my knowledge 14 Morgan, Lewis & Bockius recommended to us as a family that 15 we liquidate Kim Co. and Pennsylvania Supply Company based 16 on the general utility doctrine, and they recommended t.o us 17 as a family that we take advantage of that opportunity. 18 BY MR. MUMMA: 19 Q Okay. And doesn't the plan of liquidation 20 call for those assets to be distributed pro rata to t:he 21 shareholders? 22 A Bob, it's been years since I looked at: those 23 things. Whatever they called for was done, that I feel 24 confident of. 25 MR. GREEN: Your Honor, I really do hG~ve to 46 • 1 object and I apologize but -- 2 THE COURT: Those were the three questions. 3 Move onto another subject. 4 MR. MUMMA: I am going to ask the Court to 5 consider the plan of liquidation that is in the record. 6 MR. GREEN: It is in the record. 7 THE COURT: If it is in the record you don't 8 need to put it in again. 9 BY MR. MUMMA: 10 Q Isn't it true that anything you take out of 11 the marital trust or any distributions that you make a.:~ 12 dividends of DE Distribution or any other corporation such 13 as Union Quarries is going to diminish the value of i~:h.e 14 trust that holds those assets? 15 A I'm sorry, but that was a -- I don't :know how 16 to answer that question because it's three things at once. 17 Q Let me rephrase it. When you made the 18 distribution -- 19 A Yes. 20 Q -- from DE, the dividend., you made that 21 decision all by yourself, didn't you? 22 A Well, my understanding is that with mom's 23 passing I was sole director of the corporation, and, yes, at 24 the recommendation of the accountant that -- it is nc>t= 25 something that is new. We have made declaration of 47 • 1 dividends from DE in the past. I would say annually, but 2 there may be years we didn't. It is not something that is 3 new. 4 Q The question was did you make that decision 5 yourself? 6 A Yes, ultimately I made the decision, bu-t it 7 was with consultation of my accountant. 8 Q You made the decision? 9 A Yes. 10 Q Okay. Now, in fact, you have got a double 11 dip because you got your shareholder deed in your own right, 12 correct? 13 A Correct. 14 Q So you got the same distribution as e-ver_ybody 15 else did? 16 A Correct. 17 Q And the trust that has been set up fo=r you in 18 Florida got an additional distribution? 19 A Well, let me back up to say that I am not 20 sure the money went into the trust. I believe that ~_~ went 21 into the estate, but... 22 Q Where is it going to end. though? 23 A I don't know. 24 Q Well, is there any place other than your 25 pocket that it could go? 48 • 1 A Well, I believe that -- I am not the sole 2 beneficiary of that estate. 3 Q You are the primary beneficiary? 4 A I am for my lifetime. 5 Q For your lifetime? 6 A Yes. ~7 Q Okay. So wasn't this whole thing laid out so 8 that you would end up in a superior position to each o:f your 9 siblings, and you now have not only your interest in t;he two 10 trusts up here, but you have created a separate trust :in 11 Florida of which you are the sole interested party? 12 MR. GREEN: I object. That is argumentative. 13 She created the trust -- this is a testamentary trust under 14 her mother's will. 15 THE COURT: Sustained. 16 BY MR. MUMMA: 17 Q Well, did Morgan Lewis & Bockius prepare that 18 trust? 19 A I was not involved in that. It was mom's 20 will. She obviously came up with the idea to do whatever it 21 was that she did. 22 Q Ms. Morgan, there was a lot of conver:~at:ion 23 with Jack O'Connor. Jack O'Connor was from Morgan, Lewis & 24 Bockius, correct? 25 A Yes. 49 • 1 Q Okay. And he was one o:f the attorneys that 2 handled this estate? 3 A Who's estate? 4 Q Dad's estate, my father's estate? 5 A Yes. He worked on dad's estate. 6 Q Okay. And didn't he applaud the signif_:icant 7 effort you made to scrutinize every bill and make sure that 8 every line was appropriately paid? g A I don't know what he pled. I was not ~>resent 10 for the majority of his testimony. 11 Q Okay. Did you do that? 12 A Did I do what? 13 Q Review all of the legal bills. That is what 14 his -- 15 MR. GREEN: What is the relevance to t:h.e 16 conflict at issue? 17 THE COURT: Sustained. lg MR. MUMMA: Your Honor, the relevance is she 19 said she wasn't aware of this trust. It is all over 1~hese 20 bills. They charged the marital trust for preparing the 21 trust in Florida. 22 THE WITNESS: No, that's not accurate. 23 THE COURT: Were you aware of the tru~~t~? 24 THE WITNESS: No. At some point I became -- 25 about 2 years ago I became aware of it, yes. 50 1 THE COURT: Okay. Go ahead. 2 BY MR. MUMMA: 3 Q I asked Linda about the note, the loar.~ that 4 Kim Co. -- the wire they sent down to Florida to pay for 5 dad's interest in the lots at fish point. Were you aware of 6 that? 7 A I don't recall. I don't= remember that. No, 8 that would have been before my time. g Q Well, did your attorneys go over what they 10 were submitting, what information they were submitting to us 11 pursuant to the orders of Judge Rambo? 12 A I am not following you. 13 Q Well, you are aware that: there is a request 14 in front of Judge Rambo to get Kim Co. documents to explain 15 the transactions with High Spec? 16 A Yes . 1~ Q And the loans that they took out to make 18 those transactions? 19 A I know there was a request for anything 20 having to do with the note. 21 Q Okay. And the information that they 22 provided, did you review that with your attorneys? 23 A No. 24 Q Okay. Did you consult with your fellow 25 executrix about any of this? 51 • 1 A Actually, first of all, I don't recall. that 2 she was executrix at the time, but no. 3 Q Have you spoken to her <~.bout this information 4 that we want since then? 5 A No. 6 Q Do you recall when they liquidated Kiwi Co. in 7 December 19th that note was still owed to Kim Co.? 8 MR. GREEN: Again -- 9 MR. MUMMA: It was an a:~set of Kim Co. 10 MR. GREEN: I object to the relevance. This 11 is December 19th, 1986. 12 THE COURT: 1986? 13 MR. GREEN: Yes. 14 THE COURT: Is that correct? 15 MR. MUMMA: That is correct, Your Honor, but 16 this is very important because this just showed up a:~ an 17 additional loan that Kim Co. made to my father and never got 18 repaid on. There was already an original -- an original 19 loan for $184,000. This is another .loan for $184,000. 20 Neither of them have been repaid. 21 MR. GREEN: Whatever that is, it is no-t a 22 conflict issue that has arisen since July 17th of 2010. It 23 apparently goes back 25 years. 24 MR. MUMMA: But we just found out about this, 25 and the issue is he is asking her to go and chase me down 52 • 1 where there was a shareholders agreement in place, and the 2 fact is my father's estate has never repaid either of -these 3 loans he go t from Kim Co. 4 THE COURT: Okay. Go ahead and ask the 5 question. You can ask ten more questions of this witness 6 and then we have to move on. 7 BY MR. MUMMA: 8 Q Okay. Have you done anything to recover that 9 money that was owed to Kim Co.? 10 A I am not aware that you r_ characterization of 11 there being a second loan is accurate. 12 Q Have you ever seen that before? 13 A If I have, I don' t recal_1 it . I don' ~t t=hink 14 I have seen it. 15 Q Can you tell who the -- it is a wire -transfer 16 document, isn't it? 17 A Yes, it appears to be. 18 Q Okay. And can you tell where -- what 'the to 19 says? 20 A To First National Bank and Trust of St~~aart, 21 Florida. 22 Q Keep going. 23 A Title Underwriters Agency Inc., A/C #10-4736 24 for credit to Robert M. Mumma. 25 Q Robert M. Mumma, correct? 53 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q So he is the beneficiary of this wire? A Well, I don't know. It doesn't say senior or the second. I don't know. Q And where is the wire coming from? Down where it says charge? A Kim Co. Q Okay. Have you ever taken any effort oar done anything to pay Kim Co. back for this money, this wire? A I don' t know, f first of all, that it ha~~n' t been paid back, but I do know that this has been the subject of lots of litigation in Florida. Q That's the wrong note. That is not tl~e note that is subject to litigation in Florida. A I have no idea that it i.s not. I don't know that. Q Kim Co. was dissolved on. December 19th, correct? A 198 6, correct . Q Right. And in that liquidation all of_ the shareholders were to get a pro rata interest in all c>f_ the assets, which would include that note? A I don't believe that is an accurate characterization. THE COURT: Those are the ten questions. 54 Mr. Green. 2 CROSS EXAMINATION 3 BY MR. GREEN: 4 Q Just a couple of questions. Ms. Morgan, you 5 mentioned that your mother was entitled to receive income 6 from the residual trust and the marital trust set up under 7 your dad's will? g A Yes. g Q And did that payment of income to her crease 10 as of her death? 11 A Yes. 12 Q So no income on trust assets has been paid to 13 her estate since her death? 14 A Correct. 15 Q And she had during her life, I think you 16 said, a right to pull down 5 percent of the principle of the 17 marital trust each year, correct? 18 A Correct. 19 Q And you have not purported as an executer of 20 her estate to try to pull down any assets from the trust, 21 correct? 22 A Correct. My understanding is that tha1~ 23 benefit that my father provided her ceased upon her death. as 24 well. 25 Q Have you engaged in any transactions i. r1 which 55 • 1 an asset of the residual trust or the marital trust under 2 your dad's will was transferred to your mother's estate? 3 A No. 4 Q Do you have any contemplated transactions to 5 take any assets from the trusts under your father's wi:11 6 that are an adjudication here in Carlisle and transfer them 7 to your mother's estate? 8 A No. 9 (Respondent's Exhibit No. 1 was marked fo.r 10 identification.) 11 BY MR. GREEN: 12 Q Ms. Morgan, I would like to show you what has 13 been marked Exhibit Respondent 1, August 27, 2010, an e-mail 14 from me to your brother, with a copy to your sister Barbara, 15 correct? 16 A Yes. 17 Q Is this a communication that you asked me to 18 send? 19 A Yes, it is. 20 Q And it recites that it was in response t.o a 21 request made by your brother Robert for some information 22 about assets, correct? 23 A Yes. 24 Q It says we will -- it says Ms. Morgan does 25 not intend as trustee to sell or otherwise dispose of :real 56 1 estate, stock or other noncash assets in the trusts --- it 2 goes on to list some other entities -- without seeking and 3 obtaining prior approval of the Orphans' Court. Did I= read 4 that correctly? 5 A You did, yes. 6 Q And is that your intention? ~ A Yes. g Q Okay. And do you have a -- you are 9 undergoing currently a process of obtaining appraisals and 10 so forth of the value of real estate owned by the va:rious 11 entities, including the trusts? 12 A Yes. We have already obtained the real. 13 estate appraisals. We hired an appraisal agency, and they 14 concluded the appraisals, and time flies, but within -the 15 last month or so we forwarded them to the other 16 beneficiaries, the appraisals. We had a meeting in October 17 that I set up and asked all of the other beneficiaries -- 18 Q Well, let me just interrupt you on that, 19 because I do want to keep it moving along a little bi_t~. I 20 just wanted to ask you, at the conclusion of the process 21 when you aggregated the information from the appraisals 22 about the value of the assets, what is your ultimate plan as 23 to how to bring an end to the administration of the t.wo 24 trusts under your father's will? 25 A Once we have all of the values, it is my 57 • 1 intent to seek from the beneficiaries, if they have arly 2 specific interests in any particular asset that they would 3 like to have, and I believe I referenced -- back to that 4 October meeting, I articulated -- at that meeting I a~>ked 5 them if they had any particular asset they were interested 6 in for cash or whatever, to give me some indication. ~ So my plan is to seek tYlat and then to --- 8 based. on that to prepare a plan of dissolution for 9 presentation to the Court for Court approval that it i.~~ 10 okay, and then if the Court says it is okay, or the Court 11 makes an adjustment to it, to dissolve the trust on that 12 basis. 13 Q And to distribute the assets to the 14 beneficiaries? 15 A Correct. 16 MR. GREEN: Thank you. I have no other 17 questions at this time. lg THE COURT: Okay. Ms. Mumma, do you have any 19 questions? 20 MR. MUMMA: I do. 21 THE COURT: Go ahead. 22 MS. MANN MUMMA: Could I have a second to 23 organize? 24 THE COURT: I'm sorry, but I can't hear_ you. 25 MS. MANN MUMMA: I just need a minute. 58 THE COURT: Sure. 2 MS. MANN MUMMA: And I don't want to be 3 redundant, but some of the things I was planning to ask 4 Mr. Green covered, but I'll just go through this. 5 CROSS EXAMINATION 6 BY MS. MANN MUMMA: ~ Q Lisa, currently you are the sole trustee of 8 the marital and residual trust of dad's estate? g A Correct. 10 Q Have you seen Mr. Pallet's brief that he 11 filed on your behalf for this hearing? 12 A Yes. 13 MS. MANN MUMMA: I would like to have this 14 marked, please. 15 MR. GREEN: Well, it is a brief. 16 MS. MANN MUMMA: I don't have to. Well, if 17 the Judge would like to have it marked. Would you? 18 THE COURT: Well, I can't tell you how to 19 present your case. 20 MS. MANN MUMMA: No, I know, but I would. only 21 mark it if it was convenient for you. Sir, do you want a 22 copy? 23 THE COURT: No, I can't. As I said, I: can't 24 take papers that aren't admitted. 25 BY MS. MANN MUMMA: 59 ~J 1 Q Lisa, could you please turn to page 5? 2 A Okay. 3 MR. GREEN: May I just ask for an offer in 4 that I am not sure of Ms. Mumma's status here. I mead she's 5 asking questions. She's not joined, to my knowledge, in the 6 request there be a removal. So I don't; know in what ---- in 7 support of what this questioning is occurring. I mean I 8 understand she's a party to the proceeding, but she's riot 9 doing this in advance of the relief. I:s she opposed to the 10 relief? 11 THE COURT: What is your offer of proof r? 12 What do you want to point out from the brief? 13 MS. MANN MUMMA: I just want to verify 14 actually certain statements from a single paragraph that is 15 from a letter of August 27th, 2010, that Lisa was the author 16 of. I just want to verify. 17 THE COURT: Go ahead. 18 B`~ MS. MANN MUMMA: 19 Q I would like you to look at the full 20 paragraph which I just referenced of August 27th. Go ahead 21 and read it. Does not intend as the trustee to sell or 22 otherwise dispose of real estate, stock or other noncash 23 assets in the trusts, The Mumma Realty .Associates and 24 tenancies, DE Distribution Corporation, GAT Distribution 25 Corporation without seeking and obtaining prior approv<~l of 6G • 1 the Orphans' Court. Ms. Morgan will continue to make 2 expenditures for costs and expenses incurred by the tr_~asts 3 or the corporate entities, including, without limitat~_on, 4 operating expenses, professional fees and taxes . Is t;lzat 5 your intent today? 6 A Yes. ~ Q I notice that your letter was silent on the 8 question of cash distributions, whether. it be principle or 9 income. Have you made any cash distributions since me>m's 10 death? 11 A From where? 12 Q In your capacity as the trustee of the estate 13 from any of those accounts or wearing the hat of trustee? 14 A I am sure that bills from the trust havE: been 15 paid since mom's death. 16 Q I am not necessarily talking about expenses 17 for bills. 18 A Okay. What are you talking about? 19 Q I believe Mr. Green covered it, but I .just 20 want to clarify. Any distributions or any moneys whatsoever 21 or properties that would have ended up in the estate in 22 Florida for which you were the primary and sole beneficiary 23 and your children and your children alo:r~e are the next: 24 beneficiaries? 25 A First let me clarify that I don't beli.e~ve 61 • 1 that is an accurate characterization of mom's will at all. 2 So I don't want that to be on the record. But I can't 3 recall as I sit here of any distributions from either the 4 marital or the residual trust to mom's estate, no. 'T'here 5 wouldn't have been a reason to. The 5 percent withdraws 6 terminated and the income is terminated. ~ Q Let's go back to page 5 of Mr. Faller's brief 8 and read the last two sentences because Mr. Mumma, I:I, and 9 Ms. Mumma received notice of an opportunity to assert 10 objections to the plan of final distribution, the ex_ist=ence 11 of some hypothetical conflict does not present any prat:tical 12 danger to the trusts or their beneficiaries. Ms. Murnm.a's 13 estate will receive precisely and only that to which the 14 Court determines it is entitled. Is that your intents today? 15 A Yes. 16 MS. MANN MUMMA: I have no further questions, 17 Your Honor. lg THE COURT: Okay. Mr. Green, do you have any 19 further -- I guess, Mr. Mumma, do you have any furthE~r 20 questions? 21 MR. MUMMA: I would like a couple follow-up. 22 THE COURT: Go ahead. 23 REDIRECT EXAMINATION 24 BY MR. MUMMA: 25 Q You say you proposed distribution. What are 62 • 1 you going to do with the Union Quarry stock? 2 A I don't know at this point. 3 Q Why don't you just distribute quarter, 4 quarter, quarte r to the four beneficiaries? 5 A Because it is not just i~hat simple, Bolo. 6 There is more t o the big picture than one isolated asset. 7 We have to get the valuations on all of the assets, 8 including Union Quarries, before a determination can be 9 made. 10 Q Did Union Quarries declare a dividend? 11 A Yes. 12 Q In 2010? 13 A Yes. 14 Q And how much was it? 15 A I think around $900,000. 16 Q How much? 17 A I think around $900,000. lg Q $900,000. And where is that money? 19 A In the trust. 20 Q I would like you to read. the paragrapYl inside 21 these two highlighted -- 22 MR. GREEN: May I see what you are showing 23 her? 24 MR. MUMMA: Sure. 25 THE COURT: What are you showing the witness? 63 ~J 1 MR. MUMMA: It is i_n my father's will. I 2 didn't hear you. Maybe I didn't hear youu. 3 THE COURT: I was asking what you were 4 showing the witness. You just said read these paragraphs. 5 BY MR. MUMMA: 6 Q I'm sorry. I thought I said that befcr_e, 7 Your Honor. I'm sorry. g A I'm supposed to be reading? g Q Inside the two yellow --- 10 A Upon the death of my said wife, the pri_nc_iple 11 of this trust, as it is then constituted, or if my said wife 12 does not survive me, upon my death my residuary estai~e shall 13 be paid over by my surviving trustee or by my successor 14 executor as the case may be, and to my children, Robert: M. 15 Mumma, II, Barbara M. McClure, Linda M. Mumma, and L_~~sa M. 16 Mumma, share and share alike. 17 Q Now, I'm not sure you read all of it. Who 18 was entitled to the income from these assets after this 19 trust expires? 20 A I think I understand your question. I 21 believe the income after mom's death will. ultimately be 22 distributed to the beneficiaries. 23 Q Why not on a week -- when they have a 24 $900,000 dividend, why not then? 25 A Because -- 64 MR. GREEN : I object . 'T'his doesn' t g~o to a 2 conflict. 3 THE COURT: I'm sorry? 4 MR. GREEN: This doesn't have anything to do 5 with any conflict, that I know of. 6 MR. MUMMA: Oh, it does.. ~ THE COURT: From Mr. Murnma's position _Lt 8 does. You may ask the question, and then we will take a 9 recess. 10 BY MR. MUMMA: 11 Q Did you consult with your fellow execut:r_ix as 12 to whether or not there should be a distribution of ~~~h.is? 13 A It is not an estate, Bob, it is in the t=rust. 14 So she's not a co-trustee. So the answer's no. 15 Q And why not just give the Union Quarry stock 16 to the people whose benefit it was put into this trust for? 17 A And maybe that is ultimately what wil.1 ~>e 18 done. 19 Q Maybe? 20 A But as I said earlier, you have to -- wee have 21 to get the appraisals on all of the assets because tree 22 distribution -- this is my understanding, and it is r.~ot just 23 -- regardless of who is the trustee, the trusts have t,o be 24 divided in four equal shares. That doesn't mean that Bach 25 beneficiary gets a fourth of each individual thing, it:'s 65 • 1 just that the total share has to be equal. That is why 2 everything has to be appraised. You can't know what 3 somebody's quarter share is until you know what the pa~~kage 4 is, first of all. 5 Second of all, you can't just distribute cash 6 because, as you know, there are ongoing expenses of the 7 estate, of the trust. There is ongoing litigation of the 8 trust, and based on past history, I don't know how brig -- I 9 cannot predict how much longer that is going to go o:n or how 10 much more that -- additional that is going to cost, and it 11 may be that when these trusts are wound up, the value of the 12 hard assets, the real estate, may not be equal. So 13 somebody's share may get made up with a parcel of real 14 estate and some cash. 15 If you've now distributed out the cash, and 16 there is no cash left, you have now put yourself in a ~>ind 17 to be able to distribute four equal shares or may force 18 yourself into having to sell a piece of property in order to 19 generate cash in a market that is not conducive to the sale. 20 And so I think the ultimate result is exactly 21 what the will says. The issue is that it takes time t=o get 22 appraisals, and we have gotten the real estate apprai.~~als. 23 We would have had the Union Quarry appraisals except ghat 24 the appraiser that we were trying to use found himself 25 unable to complete the appraisal. So now we are having to 66 • 1 regroup and find another appraiser. 2 So I am moving forward as quickly as I can to 3 get this done so that we can make a presentation to the 4 Court to get these trusts dissolved. 5 THE COURT: We will take a recess. You can 6 step down. 7 (A recess was taken at 3:18 p.m. , and court 8 resumed at 3:40 p.m.) g (Lisa M. Morgan resumed the stand.) 10 THE COURT: Ms. Morgan, you are still udder 11 oath . Mr . Mumma . 12 MR. MUMMA: Your Honor, she is going to be 13 reading from my father's will. 14 THE COURT: She doesn't need to read from his 15 will, it is a part of the record. 16 MR. MUMMA: Well, I just want her to read -- 17 I want= to ask her a question about this one four lines. 18 THE COURT: Okay. 19 REDIRECT EXAMINATION (CONTINUED} 20 BY MR. MUMMA: 21 Q Would you please read what is highlighted 22 there? 23 THE COURT: Just read it to yourself arld then 24 Mr. Mumma can ask a question. 25 MR. MUMMA: May I see that? So this is found 67 • 1 in the first paragraph on page 8 of the will, Your Horror. 2 BY MR. MUMMA: 3 Q Ms. Morgan, doesn't this language say ghat 4 after we are entitled to distribution of the assets from the 5 trust, that the income, principle or other benefits shall 6 only be payable and deliverable wholly, exclusively, arZd 7 personally to the designated beneficiaries? 8 A I mean the paragraph says what it says. I 9 don't want to get involved with interpreting it. 10 Q Well, that is your job as a fiduciary, isn't 11 it? 12 A No, it is my job as a fiduciary to do what I 13 am required to do under the will. It is the attornev'~~ job 14 to advise me what those words mean. 15 Q Oh, so which attorney did you ask about this 16 clause? 17 MR. GREEN: Objection. 18 THE COURT: Sustained. What is the next 19 question? 20 BY MR. MUMMA: 21 Q When do you intend -- oh, let me ask you this 22 question. Were you a beneficiary of the Charles G. M:c;Kimmie 23 trust? 24 MR. GREEN: I object to -the relevance. 25 THE COURT: Mr. Mumma, you would do so much 68 • 1 better to get on the stand yourself and tell me what youu 2 think the confl icts are rather than trying to wrench it out 3 of witnesses. 4 MR. MUMMA: Your Honor, she told all o_f us at 5 this October 5t h meeting that she's not going to distr__ibute 6 anything until she gets a global release signed by 7 everybody. I t hink that is extortion myself. g THE COURT: Well, that is your 9 interpretation. Do you have any other questions of :he r_? 10 MR. MUMMA: No, I don't have any other 11 questions. 12 THE COURT : Okay . Let' s see, Mr . Gre~~r~ . 13 MR. GREEN: A couple questions. 14 RECROSS EXAMINATION 15 BY MR. GREEN: 16 Q Ms. Morgan, you testified about a div=id.end 17 from Union Quarries that was paid to the marital tru~~t. 18 You thought it was a high six figure, perhaps $900,000, 19 amount? 20 A Yes. 21 Q Are you a director of Union Quarries? 22 A No. 23 Q Are you an officer of Union Quarries? 24 A No. 25 Q Did you play any role in determining whether 69 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 or in what amount Union Quarries would declare a dividend? A The Board of Directors declared a dividend. Q You played no role in that discussion; is that correct? A Correct. Q And when that dividend was paid to the marital trust, did you personally receive any of that money? A No. Q Did any of that money get paid to your mother's estate? A No. Q Okay. There's been a lot of talk about this extortionist threat that you made on October 5th. When. the question came about distributing assets from the true>t~ in advance of final distribution, what was your answer orl that topic? A My recollection of that was that there was a request to distribute some of the cash out of the mari_r_al trust immediately at that point, and my answer was the same answer that I gave here in court basically, was that I i~ad been advised that it was not appropriate to distribute that cash up front because we needed to determine -- we needed to have a cash reserve in order to pay the ongoing expense; of the estate, and that that cash might be necessary dow:~ t=he road to equalize the ultimate distribution and dissolution • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of the trust, and that we were going forward at that meeting, we told all three of the -- well, Linda I dcrl't know whether she left. She walked out of the meeting. So I don't know if she was there, but we told them that we were in the process of getting appraisals. We told them 'who the appraiser was. We told them as soon as we got the appraisals we would furnish them to them. We have furnished those appraisals on t:he real estate to them, and we told them we were going to get Union Quarries stock appraised, and we have been fol.Lowing through. I in no certain terms said anything about Nome sort of global release. I don't even know what that :i~~ referring to. What I was saying was that the trust rlee~ded to be distributed in their entirety, not piecemeal, urld.er a plan approved by the Court. Q And you said we said at that meeting. Who was the we? A Oh, No Otto was there as counsel. MR. GREEN: Okay. Thank you. That is all of the questions that I have. THE COURT: Okay. Ms. Mumma. RECROSS EXAMINATION BY MS. MANN MUMMA: Q Just one quick question. Mr. Green was asking you about the Union Quarries, your role in the 71 • 1 discussions, and you said that you were not at the board 2 meeting. What discussions did you have about the 3 distribution for 2010 and with whom? 4 A I believe at the shareholders meeting there 5 may have been -- I don't know that I had a discussion, but 6 they may have raised the issue that the board was going to 7 be declaring a dividend. I believe I had a conversation 8 with Mike Finnio that the board was go1_ng to be declaz~ing a 9 dividend, and that they were discussing in what amount. 10 Just nothing specific. Just -- but it is the normal 11 practice, they declare a dividend every year. 12 Q So you did have the opportunity to discuss 13 that? 14 A I was aware they were declaring a dividend, 15 yes. 16 MS. MANN MUMMA: Thank you. No further 17 questions. 18 THE COURT: Mr. Mumma. 19 REDIRECT EXAMINATION 20 BY MR. MUMMA: 21 Q Given the language that you just read in this 22 will, wasn't it improper for Union Quarries to send that 23 money to you? 24 A They didn' t send it to me . It was ser.~t; to 25 the marital trust. 72 • 1 Q Well, wasn't that improper? The marital 2 trust -- this was after July 17th. 3 A No, my understanding is that until th~~ trust 4 is dissolved they -- that the trust continues to accumulate 5 the income until the trusts are dissolved. They don't. make 6 piecemeal distributions. 7 Q The termination of this trust is upon the 8 death of my said wife. That is July 17th? 9 A No. 10 Q I will give it to you to read. 11 MR. GREEN: I object. This is just arguing 12 about the terms of the will and their legal effect. `T'hat is 13 something that can be briefed and argued by counsel and the 14 parties, but not the subject of cross examination. 15 MR. MUMMA: You know, Your Honor, they have 16 drug this thing out now for 25 years since my father died. 17 If she gets another 10 I'll probably be dead and she'_11 end 18 up with everything, and that is the game plan. So the Court 19 can do whatever they want to do, but that is what they are 20 headed for, and they only got this far because the Court 21 won't do anything to remove them. 22 THE COURT: Stop. Stop. Anything further of 23 this witness? 24 MR. GREEN: No, Your Honor. 25 THE COURT: If not, you may step down. Thank 73 you. 2 THE WITNESS: Thank you, 3 THE COURT: Mr. Mumma. 4 MR. MUMMA: Your Honor, I have no idea how I 5 go ahead and testify because it is really too strenuous for 6 me. It is obvious to me that this thing is going on forever 7 as long as they want to keep it going on, and I'm just. 8 wasting my time and everybody else's time here because she's 9 going to get it all. She's down in Florida. She's going to 10 steel it all, and nobody in Pennsylvania's going to do a 11 damn thing about it. 12 THE COURT: You have a right to testify, and 13 I would like to hear from you. 14 MR. MUMMA: What am I going to say? 15 THE COURT: I don't know because I am n.ot 16 you. You are the one that filed the motion. 17 MR. MUMMA: Yeah, it is very simple. I can 18 tell you exactly where this is going. I have been te_11ing 19 people for all of these years, since 1989 when I fir;~t asked 20 to have her removed. 21 THE COURT: I am trying to give you a 22 hearing, and I would like to get it done today if po~~:~ible. 23 Whereupon, 24 ROBERT M. MUMMA, II 25 having been duly sworn, testified as follows: 74 THE COURT: Would you state your name, 2 please? 3 THE WITNESS: Robert M. Mumma, II. 4 THE COURT: And, again, where do you live? 5 THE WITNESS: 6880 Southeast Harbor Circle, 6 Stuart, S-t-u-a-r-t, Florida. ~ THE COURT: Okay. Go ahead. g THE WITNESS: I think I would like to do more 9 of a dialogue, if I may, instead of a question and answer 10 for my testimony. 11 THE COURT: Well, the dialogue is a question 12 and answer I guess. I'm not sure who you're dialogu:iryq. It 13 is more of a monologue. 14 THE WITNESS: A monologue. 15 THE COURT: You will have to state the facts 16 that you think are pertinent. 17 THE WITNESS: I think the pertinent facts are 18 that now that we know all these years later where these 19 assets and where the money is ending up, for the fir:>t time 20 we found out in July, all those hearings for two years in 21 front of Mr. Buckley, you could assume that we were going to 22 get the assets that have been put into those trusts f=r_om my 23 father.'s estate pursuant to the terms of his estate. 24 What these executrixes have done, my mother 25 and sister, is conspired with their attorneys to divert 75 • 1 those assets from my father's estate and to sell them.. My 2 father wasn't even entitled to own the Kim -- or the ~?ennsy 3 Supply stock. That stock was given to us under court order 4 from Dauphin County in 1961. 5 THE COURT: Let me just stop you for a 6 second. Just instead of making an argument, just give me 7 some basic facts that you think are pertinent to the issue 8 of conflict. g THE WITNESS: The stock that they have 10 transferred to the Florida estate is controlling or could be 11 controlling interest in these corporations. 12 THE COURT: Okay. Instead of using the word 13 they. 1~ THE WITNESS: The executrixes. My mother and 15 my sister actively organized this. 16 THE COURT: Okay. They did something. Tell 17 me what they did. lg THE WITNESS: What they did is -- 19 THE COURT: And when? 20 THE WITNESS: In 1989 they got assets 21 properly known by my sisters and myself to the marital 22 trust. 23 THE COURT: They got assets? 24 THE WITNESS: Stock in closely-held 25 corporations like Union Quarries, Pennsy Supply, LebG.non 76 • 1 Rock, High Spec . 2 THE COURT: They got assets in what capacity? 3 THE WITNESS: My mother got them in he r_ 4 capacity as an executor. She put them into a marital trust 5 where she got income from these assets. 6 THE COURT: She put them in a marital trust? 7 They weren't in a marital trust before she got ahold of. 8 them? 9 THE WITNESS: No, they were -- these assets 10 were owned by my -- my father didn't own any stock in Pennsy 11 Supply. It was owned by Kim Co. Kim Co. was owned b:y 12 another company, Pennsylvania Supply Company. They d:id not 13 honor the shareholders agreements that were in place :ir.~ 14 those companies, and they diverted this stock of Pennsy 15 Supply in all of the real estate that contained miner<~l. 16 reserves to support the Pennsy Supply stock. 17 THE COURT: Is this an issue before 18 Mr. Buckley? 19 THE WITNESS: Yes. 20 THE COURT: Okay. And what else did they do 21 that you think was wrong, and specifically what did 22 Ms. Morgan do? 23 THE WITNESS: Ms. Morgan stood by and 24 participated in all of this knowing that they were -- -that 25 they were setting up another trust, a third trust for leer 77 benefit, and solely her benefit. 2 THE COURT: Okay. What other conflict: do you 3 see? 4 THE WITNESS: The conflict is we have raised 5 claims in Florida about -- and we have litigation up here 6 about this. I don't think Mr. Buckley ever dreamed that 7 they had diverted these assets from the trust my father set 8 up to a new trust solely for the benefit of Lisa Morgan and 9 her family, but that is what they have done, and they kept 10 it a secret, and Morgan, Lewis & Bockius did it for -them. 11 And I have an objection to Morgan, Le~wi_s & 12 Bockius representing her in this issue because they were my 13 attorneys at the time they did this, they put this dea]_ 14 together, and they should have told me about it and 1~:hey 15 should have told me about the conflict. 16 THE COURT: What other conflict do you ~~ee 17 that Ms. Morgan has in serving in these duel capacit_~es? lg THE WITNESS: Well, because the capacity she 19 is in gives her the ability to decide what assets she is 20 going to get, and as part of this plan she is going t:o 21 distribute assets to everybody, and she is the only c>ne that 22 knows anything about them. And that is not what my Bather's 23 intention was. It is not what his will calls for. I: t= is 24 not equal shares, it is share and share alike. Everybody's 25 share is supposed to be the same, not a combination of= some 78 i 1 people get more cash, some people get more real estate. 2 Everybody gets a quarter of what is in those trusts, and 3 that was the intention when they formed the tenancy in 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 common. When the real estate revolves from th.e marital trust, it gets put into the tenancy in common. It is, in fact, this real estate, already in the tenancy :in common. It is only in there under the MRA auspices, and now that my mother's died her -- or the interest that she had from the trust goes right into the tenancy in common. The whole thing is set up. If they do what they are doing, they are going to take what they want, but we will all still be minority partners in everybody else's interest becau~~e we are already on the deed for all of the these properties. It is not as if these things are deeded to the marital trust, they are deeded to us as tenants in common. THE COURT: Okay. Mr. Green. CROSS EXAMINATION BY MR. GREEN: Q Mr. Mumma, the trust that you said that your mother and sister created in Florida, I just want to clarify, is that the trust under your mother's will? .Ls that the trust that you are talking about? A Yes. 79 . Q And so the new fact that you only learned 2 about after your mom died were the terms of your motl~.e:r' s 3 will; is that right? 4 A And the existence of that trust. 5 Q Which was a testamentary trust under that 6 will? 7 A Yes. g Q So the new fact that you learned about was 9 your mother's plan of distribution of her estate, correct? 10 A No. The new fact was that Lisa was the only 11 one participating in that trust, and that that trust was 12 specifically set up to give her control. over these assets 13 over Linda and Babbs and myself. It is a violation of the 14 terms of my father's will. 15 Q You knew that your mother had claimed to 16 scoop out assets, including corporate stock, over tune under 17 the 5 percent power, correct? 18 A I did, and I filed an objection to it,, and I 19 filed a motion to have her removed because of it back in 20 1989, which was never heard. 21 Q So it is nothing new about that issue. In 22 fact, we had hearings in front of Mr. Buckley about ghat, 23 right? 24 A Other than it has never been heard. 25 Q But it wasn't new? You knew that? That she 80 • 1 was claiming that she had scooped that out, and that she had 2 a right to do it? 3 A The claim is whether she has the right. to do 4 it. 5 Q Understood. You dispute whether she had a 6 right, but you understood that she said she had a right? 7 A Well, first of all, she violated the 8 shareholder's agreements. g Q I am only asking you what you understood she 10 claimed. You understood that she had purported to take that 11 stock out and transfer it to the marital trust, and tY:.en to 12 scoop it out and transfer it to herself- in her own nazrie, 13 right? You knew that? 14 A Yes, but I didn't know what percentage or 15 which share she took. 16 Q Okay. But you knew then. also that she 17 regarded that as her personal property? 18 A I don't know that. 19 Q You disagreed but you understood? 20 A I don't know that she regarded that a~~ her 21 personal property. I don't know what she did. I know she 22 sold a lot of it to CRH for a lot of money like tens of 23 millions of dollars, and I don't know where that ended up, 24 but it wasn't her stock. That was stock that my grandfather 25 gave to me and my sisters, and I can prove that. 81 • 1 Q Okay. Now one of the issues that you brought 2 before -- well, I withdraw the question. 3 MR. GREEN: I have nothing further. 4 THE COURT: Okay. Ms. Mumma. 5 MS. MANN MUMMA: Just a few. 6 CROSS EXAMINATION 7 BY MS. MANN MUMMA: g Q Bob, at the end of last week did you .receive 9 an e-mail from No Otto regarding his attempt to send you 10 appraisals, but he was unable to do it because of band.with? 11 THE COURT: Because of what? 12 MS. MANN MUMMA: Bandwit.h, b-a-n-d-w-_i-t:-h. 13 BY MS. MANN MUMMA: 14 Q In other words, the files were too large to 15 go through the Internet, and this was last week, not a month 16 or a month and a half ago. This was last week. Was t=hat 17 the first notice from the Martson firm that the appraisals 18 were ready? 19 A Yes. 20 Q And how long have they been in your 21 possession? 22 A Four days. 23 Q Four days. Okay. Have you had a chance to 24 go through those appraisals? 25 A I did. 82 Q Is there an appraisal for the propertiE~s 2 outside of the State of Pennsylvania, example the lea.dfill 3 in Colorado? 4 A No . 5 Q No. Would you say the terms of dad's will -- 6 what Mr. Green was just referring to --- that you would 7 acknowledge that according to those terms mom did, in =Fact, 8 have the right to the interest of both trusts during her 9 lifetime? 10 A To the interest? 11 Q Yes, of the trust? 12 A You mean the income? l3 Q Yes. 14 A No, I don't agree with that. She had a right 15 to the income of the marital trust and the residuary trust. 16 Q That is what I'm asking, yes. 17 A But they treated stuff as income that she 18 didn't have the right to treat as income. 19 Q I am talking about the process of the wi_11. 20 I'm not talking about whether it was over funded, whether 21 she took too much, but you would agree that in anything that 22 she was legally entitled to, that dad wished her to have, 23 you would have wanted her to have? 24 A No. 25 Q That she was legally -- 83 • 1 A His plan was for her to receive cash from. the 2 sale of his Pennsylvania Supply Company stock, the 3 redemption of that stock, and that would have been 4 approximately 4 1/2 million dollars worth of cash for the 5 marital trust, and she could have taken that out or done 6 anything she wanted to with it. ~ MR. GREEN: I just move to strike that as 8 volunteered hearsay. g MS. MANN MUMMA: That wasn't my question. 10 MR. GREEN: What his fat=her intended, I= think 11 should be stricken. 12 THE COURT: I will consider it for what: it is 13 worth. 14 MS. MANN MUMMA: That i~~ it. I have no 15 further questions. 16 THE COURT: Okay. Mr. Mumma, do you have any 17 further testimony as a result of either of those sets c>f 18 questions? 19 REDIRECT EXAMINATION 20 THE WITNESS: I would just like to rern:ir.~d the 21 Court that I filed a motion -- this is the fourth mot:ion to 22 remove them, and this has gone on this long and it's qot 23 into this position because they are allowed to contir.~ue this 24 conversion of assets given to us by my grandfather ir.~t.o my 25 mother's estate. 84 • 1 THE COURT: Why is it that none of these 2 prior motions have been rul ed upon? Do you know? 3 THE WITNESS: I don't have a clue. 4 THE COURT: Are you saying that all of these 5 things went by without any rulings? 6 THE WITNESS: I couldn't= get the Court -to ~ listen to me. Judge Sheely , they tell me, stuck it on the 8 top of his desk drawer and let it sit there for 6 years and 9 then finally George Hoffer was good enough to set this up 10 for -- told them they had t o file a final account, and 11 after they filed that final accounting he would have a. 12 hearing on the removal. It never happened. 13 THE COURT: Well, we now have the fin<~1. 14 account filed, don't we? 15 THE WITNESS : No, no . That is the f in~a 1_ 16 accounting for the estate, but they filed this final 17 accounting in 2004. 18 THE COURT: Well, at that point did yoga move 19 for a hearing? 20 THE WITNESS: Yes. 21 THE COURT: You did? 22 THE WITNESS: I already had filed for a 23 hearing on removal. 24 THE COURT: Right, but then once the ac:cou.nt 25 got filed, did you move -- 85 1 THE WITNESS: He postponed it. They asked 2 him to postpone it, and he postponed it. And then we came 3 back again in 2008. 4 MR. GREEN: Your Honor, I object. That is 5 hearsay. He wasn't at the hearing, I was, at which his 6 counsel asked that it be postponed because his counsel_ 7 wasn't prepared to proceed. g THE COURT: Oh, is that possible? g THE WITNESS: Well, that= is possible, but it 10 wasn't my instructi ons. I was certainly prepared to 11 proceed, and it was important to proceed. 12 THE COURT: Okay. You c;an step down. Thank 13 you. Any other witnesses, Mr. Mumma? 14 MR. MUMMA: No. 15 THE COURT: And Mr. Green? 16 MR. GREEN: I have no other witnesses,, Four 17 Honor. 18 THE COURT : And Ms . Mumn~.a? 19 MS. MANN MUMMA: I am sorry. No, Youz. Honor, 20 I don't. 21 THE COURT: No witnesses? And the other 22 beneficiary was cal led as a witness. I am assuming you 23 didn't. want to ask any questions; is that right? 24 MS. LINDA MUMMA: Not at this time, no. 25 THE COURT: Okay. Do you want to submit 86 • 1 brief memoranda in support of your positions? 2 MR. MUMMA: I would like to within five or 3 ten days. I would also like to mark these exhibits arld put 4 them in the record. 5 THE COURT: What are they? 6 MR. MUMMA: They are the documents than I had 7 up here. g THE COURT: Well, why don't you speak with 9 Ms . Mumma? 10 MS . MANN MUMMA: Be specific as to what: they 11 are. 12 MR. GREEN: I don't have a problem if we can 13 agree on some way that they can be marked. 14 THE COURT: We will take a 5 minute recess, 15 let you mark a couple things, and we'll come back and close 16 the record. 17 MR. GREEN: It won't necessarily be possible 18 to tie it to the testimony since they weren't identif=ied at 19 that time, but I don't object to they're being appended. to 20 the transcript or admitted to the record. 21 THE COURT: Well, we'll take a recess anal let 22 them get marked and then I will see what can be admit.t=ed 23 with everybody's consent. 24 (RMM Exhibits 1, 2, and 3 were marked for 25 identification.) 87 1 (A recess was taken.) 2 AFTER RECESS 3 THE COURT: Please be seated. Have the 4 parties been able t o agree on some exhibits? 5 MR. MUMMA: Yes, Your Honor. Exhibit 1 is 6 the objection -- ~ THE COURT: Well, how i:~ it marked though? g MR. MUMMA: RMM 1 -- or excuse me. That is 9 the inventory. 10 THE COURT: RMM Exhibit 2. 11 MR. MUMMA: Two is the inventory. 12 THE COURT: Inventory. Okay. 13 MR. MUMMA: Of the Florida estate. 14 THE COURT: Okay. 15 MR. MUMMA: RMM 1 is their objections filed 16 to my claims. 17 THE COURT: Their objections -- whose 18 objections? 19 MR. MUMMA: Lisa Morgan's objections. 20 THE COURT: To your claim in what? 21 MR. MUMMA: Against my mother's estate in 22 Florida. I had to file lawsuits in Florida to protect; -- 23 have a. 30 day statute down there. 24 THE COURT: Okay. 25 MR. MUMMA: And number 3 is RMM 3, and that 88 • 1 is the Kim Co. wire transfer of 180 some thousand dollars to 2 my father's account in Florida in 1986. 3 THE COURT: Okay. Mr. careen, do you have any 4 objection to the admission of those items? 5 MR. GREEN: None, Your Honor. 6 THE COURT: And Ms. Mumma? 7 MS. MANN MUMMA: No. g THE COURT: Okay. RMM Exhibits 2, 1 and 3 9 are admitted. 10 (RMM Exhibi ts 1, 2, and 3 were admitted into 11 evidence.) 12 MR. MUMMA: Thank you. 13 THE COURT: And how long do you need -~o 14 furnish memorandum, Mr. Mumma? 15 MR. MUMMA: Five days after receipt o_f t:he 16 transcript. 17 THE COURT: Mr. Green, how much time do you 18 need? 19 MR. GREEN: We will meet whatever deadline is 20 set. I would like to have the transcript, but beyond that 21 -- 22 THE COURT: Oh, five days after the 23 transcript? Is that what you said? 24 MR. MUMMA: We need the transcript to work 25 from. 89 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: That may be a while. MS. MANN MUMMA: That would be my preference also. THE COURT: To have the transcript? MS. MANN MUMMA: So all three of us would like the transcript before we have to Bile that. THE COURT: All right. AND NOW, this 28th day of January, 2011., upon consideration of the Motion for Disqualification and :RE~moval of Lisa M. Morgan as Executrix and Trustee Due to Corl:fl.ict of Interest, and following a hearing held on this dat=e, the record is declared closed, and the parties are directed to furnish briefs on the issues which they perceive to exist irl this matter within 10 days of the filing of the note~> of testimony from today's proceeding. Mr. Mumma, did you want to raise another issue? MR. MUMMA: I did, Your Honor. I am having a hard time understanding if she is still operating theti>e trusts -- it's been 6 months now that she's been operating these trusts, and she's taking in all of this cash from sources like Union Quarries, I think over a million dollars now she's holding there that really belongs to us, but .L don't see how she can file a final account. She still .is operating -- she's still running these trusts. They ar.e not 90 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 done yet. THE COURT: Well, you have stated your position. Court is adjourned. Actually was Respondent's Exhibit 1 ever admitted? MR. GREEN: I will move it -- THE COURT: Back on the record. Is there there any objection to Respondent's Exhibit 1, an e-mail, I believe? MR. MUMMA: I only have one because I remember one time I forgot to put it in and he wouldn't: let me do i t . THE COURT: You have an objection? MR. MUMMA: So I have an objection because he didn't do it when he should have done it. THE COURT: Okay. Well, I will open t:he record for the purpose of admitting that item. Respondent's Exhibit 1 is admitted. (Respondent's Exhibit No. 1 was admitted into evidence.) THE COURT: All right. Court is adjourned. (The proceedings concluded at 4:15 p.m.) 91 ERTIFICATION I hereby certify that the proceedings a_re contained fully and accurately in the notes taken by me on the above cause, and that this is a correct transcript: of same. `" ~ ~ ~ "t.~' ichele A. Eline Official Court= Reporter The foregoing record of the proceedings on the hearing of the within matter is hereby approved and. directed to be filed. --~ Date V i _ J ;Wesley dl r, J.. N ' th Judicial District 92 rom: Green, Brady L. [bgreen@morganlewis.com) Sent: Friday, August 27, 2010 2:34 PM To: Robert Mumma Cc: Barbara Mumma; No V. Otto III Subject: Trusts Under the Will of Robert M. Mumma, Deceased Bob: In response to your request during our call Wednesday for a listing of the assets in the Marital and Residuary Trusts as of the date of your mother's passing, Mr. Hadley is preparing lists of the assets in the Trusts themselves, as well as of the assets in the Mumma Realty Associates tenancies-in-comrrior~, D-E Distribution Corp. and G-A-T Distribution Corp., in which the Trusts hold substantial interests. We will forward those lists next week. Mrs. Morgan does not intend, as Trustee, to sell or otherwise dispose of real estate, stock or other non-cash assets in the Trusts, the Mumma Realty Associates tenancies, D-E Distribution Corp. or G-A-T Distribution Corp. without seeking and obtaining prior approval of t:he Orphans' Court. Mrs. Morgan will continue to make expenditures for costs and expenses incurred by the Trusts or the corporate entities, including, without limitation, operating expenses, professional fees and taxes. In addition, as we discussed, Mrs. Morgan intends very soon to file accountings for both Trusts through the date of your mother's death. Brady L. Green Morgan, Lewis 8 Bockius LLP 1701 Market Street ~ Philadelphia, PA 19103-2921 Direct: 215.963.5079 ~ Main: 215.963.5000 ~ Fax: 215.963.5001 www.morganlewis.com Assistant: Rita H. Krochmal ~ 215.963.4937 ~ rkrochmal@morganlewis.com IRS Circular 230 Disclosure To ensure compliance with requirements imposed by khe IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i}avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. For information about why we are required to include this legend in emails, please see http://www.morganlewis.com/circular230 DISCLAIMER This e-mail message is intended only for the personal use of the recipient(s) named above. This message may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message. EXHIBIT 1 ~~, ~, .~ ., Ili T~~~ C1R~t1iT C:t~~~'~ ~~~ ~'r~,t~~'1 ~~~~F~ CC>y.~..~,f I,.~~~~A- ~~2C~f3A1~~ I'1~'15~~~.~ f .~, ^ 1'N R~.~ ~~T,~T'~ ~F ~~ ~: ~` • try ~-~ ~ ~ sw'~ ; ~ ' Fig Nr~. ~{~~t}~(~l~~~~~`7~~C~.~t~$ ~ ' . ~`' .` ' .. ~., ~ ~t'~I~I!C?E1 ~C"• w.`.: ~ i.1'f i'" ,- ~~~~~~ ~~ ra~drw~rs~rr~d ~~nrr~~ re~sr~~~~~t~v+c ~ft~~ e~t~t~ al~„~r,~~r~e~ ='~f, i~t~~~~-~~~a, c~~c~~s~~!r ~r~t~ c~ie €~~ ~t~~ 1~, submits t~ta ;~~~rrc~rv ref ~t~ i~ raper~r a~'t~r~ c~~~'t, ~~t ~~ care i~~tt~ t~~e ~~~~~:~, ~c~:~~~~~i~rt, ~v~tr~ls ear kr'ra~l~d~ ~f phis ~~er~~}r~~~ r~pr~~~t~t~tiV•~: F~:~A. ~S`T',~~~ [ ~'L~~1~~'l __ ~:.~~`r~t ~~'~r~t~ct~~) ~~am~stea~~i: ~~$cri~rt~~r 1 ~a2 ~`eli:~~tra l~~a~ t7~tray~ Bc ~~,~~ ES7'~~~ ~ F`~flRIL~A ~~ i~~r~_~~;ert~p~ Hc~mc~~t~~c~: ~~~E ,r~~i#(/~r~Pt~t'i~Y~t'.~Jt~r`~~ ~f4~i. V~ ~ G:J r6 ~effi~i~ liF if~lt ~~TV }i~C~tf t~' ~.~34.~J~~•£4/y 7.~i: Nf~lt~}i F+~'+~ ~evtsed ~rt~ # ~ p~'c~b~,~a ~~S~~i >~ay h~~ ~'a ~~ ~~te.~rr€,?~~~d t~~ ~~~~~~v~~~~~~s ~~~~~~~~?cti:~c~~.,~ ~~r• Farm N~. ~'-3.t7~G~-'6 ~ ~1a~~f~€ L~wy~r~ Supp+~r~ S~ia~s, lac. ~~vis~d ainu~lry i, Za1a iEXHIBIT '~,/~., l t~~SCrij~tiCa~ Catirr~at~ Fair t~~~larket Valt Aft. x.355 Cary [3~cac}i Teal ~.~~~ ~s~~t~ i~ Fl~t~id~ ~- F,~c~~~ ~xr~~t (~`~r~~t~:c~s:} 1-lc~rr~~st~a C,~ ~,E~{~p cri~ic~n E~iiai~t~ Fair h~#~.r~~~'~a~a ~~~ r~T"C ~~~~D T~,ta ~erst~~a~ ~t+~~~rt~r __ 'ercv~r i~.c~c~t~+d [~,,r~~;s~~~t ~1~~ ti~~~ `I`~"I`~[.~ CAF' r'~Lt.. PE:~St~~t't~t.. Pt`~€~`i~~' r~~~~3 F~I..(~~t~~).~ K!~,AE. E,~'~~`,~~,~ (~~~ept e:~etnpt (prt~~~c~ h~mest~ac~ 1~~rt~r~~r~ ~r~ ~1~i t~~t ~tavk~ .~~nusry 1, 20{ ~- Alt reel ~~#e t,at ~alt~i~~ tie Mate cif ~'lc~rda ~~~n~~ by t~~ ~e~e~ient ~-~f' ~-~c1,~ t~ ers~n~6 rpa-~:s~~xatve is aware, ~ any, i~ dawscri~~ ~~t ~ sc~i~dul~ a~a~h~ti hertz. ~I~ t~ar~~, s~ ~~i~:at Fultan ~a~~ ~u~itd~g, i t:~moyn~s e~~~sytt~an~a :~If~~1'~K~ ~Cich re~tdu~ l~~~r~~ic~r~y r~ t~~si`a1~ e~tcrt~ ~~ ~a~ar ire ~~ ~a~i~~t~rt~ ~~st~~i~ .has r~ r~~~i t ~~a~~~t ~ x~~~ittt p~lrxn'a~~a~r ~~`~~ tai i~~~tr~ry ~aa~~ a~~ ~~~" wczs ~'~ir~a~€~,, i~°t~c~t~i~~ wtt~#I~~ tk~ ts~~rrc~l ,r~~a~~~t~1 ~-~i~rir~~,t1' ,~ ia~dep~a'r~t~~t ~~~~i~~I ~r th~ri as~~t ~"'. i~'°,~~; e~ ~:~ c~M#` ire apr~~c~l. .~ c~th~r b~'a~e~+Ca~+~ ra~ry rz~~rt r~rr~ ir~~~rrir~rr ~~g~dr~t ~~I tr~s~ts ~i~i~~1i~`~ t~ ~ra~e~ ~`~ b~ ~'fsia~~#~`~c~" 1~ t~r~rt ber~~~r'~. ~~~ pelt~~~ a~'~~a`~~iy, t d~cl,ra~ th~~ t }~~v~ r~a~~ tt~ f~r~~a~~~ and the ~a~ all~~aw are tae t~ t~ b~ ~~' ~y l~ryawi~d~ and b~~i~. 7~~a~ 'vv. R~,~d€a<~~~, :fir. A~t~ara~y fir Fr~r~ra~l ~epr~~a~ntatr~~ 1~~d Saar ~~. ~~'~ ~ _ _ ,~ Est , _ _ 2~~ ~r v~nu~ u~t~ ~3 ~t _ ~~~a ~. ~c~r~an F'~~al ~:epcs~~ata~.~~~• 8~r ~~rrn Nt~. -3,O~~Q-~ ~~ 3 ~kari~ia ~!~ers ~u~pc~~ ~~ru~~~~R tr~~. R~v~~t! J~nua~. t, 2tatt3 ~~"~"~+~H~NT ~'t~ ~~11t~t~TC~RY . G~~CRtP`T~~~ E~`IMl~1'~t~'~~l~E ~vnter~t~ ~f ~2SZ ~'~~i~n L~r~~j Cie#r`~~ ~~~~t~, ~l ~r~knr~~r~ ~t this tirt~r ~~nt er~t~ o f ~~~ !~. t~~~,~ ~I+~. ~~~i ~~~, Urtkrtc~wn ~t ~~i~ tint l! ~~yy ,,,, Gd~'4tf~1~~ ~~ ~,J~~t~~y~~~ ~~~~~rt~~ &.+~~~ 7 ~''~1~4~~'~1 ~~rLf~ T~n~i~~~ G~arcfian ~tvr~~, ~~yr~t~s~ ~~~ ~~r~kr°~~~~rr~ sit th~~ ti .~~.'4N~~!'"SJ~~'s0~~ Ci~1t1S it't ~ Cat' ~ Safe {~~'~3{3~1~ byes ~ l.~rtk~tt~~~rn d~ f ~~~ ~t I~V~I~S ~argc~ ~t~f~ ~{ ~~1rT}~I"E ~r~G1#~ (,~tl~GfiC3'~'4'€1 ~ ~~115 $tR1~ Fu~~n 8~~4~ R~rtt ~Ch~CkS #~~C~v~bf~ 1~.,~}UC) F+~~u~c~ ~e f~orra i~~rmar~ Ma#~~~ ~.7~~? Jc~[1Tt~?}~ ~~'3f'~CC7~t~'i*i"~ C~Jt~ AGCC-t~~t~ ~ ~~,Q~~ +!3t'rrE~1 ~'~1'tC~ J~l!C~t'~Url~ ~1f~~CClG~r~ ~t ~~'t!~ C31"~~ ~~~ 9~rm~ ~a~ ~'rt,r~~ ~,~~~~nfi ~S~Q sh,~ x,87 {~~ ~~trirt~ ~ri~~ R~~ Tr~-~t ~t~kro~k ISa+~u#lt~~~l1~~rr~ T~u~t 1r3~, ~~t2~ .} ~,~ tn~~S~C~ ~'ar~ ~s l3 i ~ ~ ~~ rUS~ ~~~ ~~t~~S~t"~1rk'~ ~at'~~ S,~~~ ° .~ ~" ~`~ ~ y ~~KA Vin lCarn~~rt tryst fir ~~~~~~~~ Cr~d~ ~IJlurt~i~s) ~th~r N~tS~, ~~ur~t1~5 irl ~~~t~E~e~#~' Fc~rf't't ~~9~~'CC,~~r1 ~51ar1 - c~Cf~tC ~tli'~dr ~t3C. ~$~'Q ~~'lc~r~.'S~ ~, "~~~.' ~~~St ~US~I'~~i3 P 1'I!`Tli£` Et~Ct3f11£ ~Ut~t~, 1~'lC,~ AA 43Q~~ ~~rpt~rat~(~r~ ~~y~~tf ~.~ py ~}r 4}'~ q i t~~3~{ ~,~17~45 S~Y~F~S ~~.~,~~' of ~l sd~~r~'S~ ~r9kClt~tifi~`3 ~~ t€ t`tt`~°t ~{3~Mr~~3 ~d~`~?. A~~Var1C~'s ~~~~b~~ ~f'k~:#'1L'>i~Y~ ~t t~'st5 time G-A-T I~istribut~~ra C~~- ~:~.~!~~#~~~ Ur~i~~c~r~ ~ tt~~s try C7!= ~3~stct~~ti~rr~ ~t~r~ ~~.~9.3(Y~~ ~~~~~~~ Ur~kr}crvvr~ ~t tt~~s tare 1t74~3~ €~f I~tic~mrrt~ l~~~lty Ass~eia~~s~ irate, {~ ~~ar~~ : , (~~~~ #~urr~ma ~e~lty ~35t~Ci~t~S~ 1 ~„~2~~t39~ U~~r~o~= t th€~ t~rr~ t~r~~rtt in tr~smmt~r~ ~nt~r~st Vd~ilS ~~rC} C#~~~kir~ ACtr€~UClt ~~4rt{~s~ Ut~C~~t'!°tt't~ i~r~P~~Y LJf1i~t3C?L~,'~ ~~ ti~i5 time M~rit~i ~tL15~ fnC~t~'r~ #~~C~i~f~~~~ ~#,3.~G-,~00 ~~idu~iTr~r~t ittc+~r~te ~e~ivaiwi~~ ~.,t7~C7,t~~ ~~~I'~'l 1tltoUtl€l~ C~UE'3 i'fC~Cfi '~i'1~' i~~'~t:i~'71f1't!~ ~1rt~t~t~i~'t'~ ~ i~"ii~ ~lF's5~* Trust #~r~FR~'PIA~t'u~s7r~~~rr~t~1~ ~ss~ti.xlk W C7 Y1 ¢ O Q 2 N = O O U CV ~ LL Z ~ o •~ N d f- W ~ W _ W W O W~ 0 0 ~ N O¢> Z ~` ~~rr''~~~ ~ _ Z •J W W ~ ¢ a ~ ~rI• U NWU~ VWF2HUW WWMd O O WQb¢~OW¢J¢N C3Y=¢ Q ~,,,~• =OUFQ-_UY2 Q W Z= H ~ V OQ~?02vQ f-...a2Qe[a==Oi- o z d.n Z W.tnuia~~~~?UU~O o r- h A Y h m K~ w O .- H A S q ~O e7 r r ~- ~ ~ } ~' ~ ' O . ^~ Y ' ~_'_t? `^~ Y , f'~ ~1 i t ~ ` ~y~ u/ /~~ W O [~ _~, ti `` } u ` ~ y,. Y r- :K ~ 1. ~ ~ W r-{ ~ ~ z a,, ~ .r ~ ~ ~ ~ ~ t Q H °~ u ~ :~ .- a M ~ ~ Er'? C °o U ~ W ~ . j 1- _M- O r a • i ! C V W ~ o m ~ a ~ ' o ~ ~. ~ ~ ~3 Q .-i # E ~ ~ Z 4 O~ _ 3 o J tH .~,s {i > t O ' I'-~ ~ 1 ~ W ~. - L __~ ~- ~- .r _ ~.. ~ ~ ` m U J O ~ Z + ~ ~ "~ ', ~ u TT~~ ~ $ ~ ~ -~ o ° ~ ~ ao O ~ .. v ` ~+ O: ~ 4 f l _- .. ~ . O ® V W ~/ H W 1n Ct'3 V ~ Q ` S W 3 W ~~ °O (~ u eC!'+ ~ ~ ' p~ ~ W ~ ac ~ U l ~a ~t ~- O W O O Q' Q. J .-a c.D r m to O EXHIBIT ~~ ~~ ~~ f / Kim Co. 000541 It ~. ~ ~`. ~i ~~ ~. ~ ~ w i _.: l °' j .. 1 - .j..: , ~_ t _...~..,. - ~.. _ st4 ~ . . ~~ -4~~"~'~'''a~'~~1 Ltd, .~' z~4 w ., ~ ~g ~ t ~ ~ ~ ~ ~ .,~ ,~ ~~ ;~ :~ ,~~ ~~ ' r.J ab '.'~ ~. ~~ ~;p ws 4 ,~i 1 i 4 r tl :} r OC~A G~• 4~ ~Cim e M " C'ert ~1'~p11~~ 700f Q710 (.}OC13 ~`~~~ 663 l~ (.T-f~ ~"~tRC'UI~T" GC~t11~T FC)~. ~!~LM BE~iC"~f t~~IJNTY, f~L02tlI3A PRE3BATE DiW151C7N File Nu. ~ii~~?{.~~}3~7~~X.~kh~tE~ t3ARB:~R.~1 h1. h1t1Ml4LA iaivasinn E7~ccase+i. I'hvm~es ~ilvPrman, Esq. r;ert n~igi~~ 7U[2~7 U ~ lt) (1663 4218 661" t~~'c.~nrad Dc~Santia, ~.aq. C;;ert ~4a~i1~ 'i (?tl i t ltl E:)G~C>3 4228 662~~ ~~ o :~ ~T'l~e ttncicr5ibnecl, Lisa ~~t. M~r~,~, E~e'ttt~ erseanal re r ~ yr ~ , ~ cjf chi a~ie~r~e e:~tat~ her~:b~ ob,~ecis try? the claim c?t [Za~rt M3 ~~u~~n~, ~~ filed in this ~r~c~~+etlitt,~ ~:~~ No~emt~er ~, 2fll(l, cup,' c}f Statoment cat C"lairn i~, ~ttacheci. °I°he claimant is litniteci t€a a perioei mot' thirty ~3~) days from the date ~f' ser~~ice cif this rbjectian ~~°ithin t~~~lyi~ta tc~ hi"ir~~ G~r~ ~vc;tit~n can the elai~n, <~s pri.~vicieci b}' Iu.Pcola.4Z. S.tt9t ,~ncf S~c~tit3n ?33. i~!5 taf they l~ lca~'icl~t !'rut~ate; C`vde unless ~3n Lxtettsun cat the tune is a~rr-~d tc- ka~,{ the personal represet~tati~•e; iza ~~rritin8 hc:fc~re the titrlc tca fife the ~jt;tix_~tl expires ~~r e~r~less the; time is exteneled 6~- carder ei'f`the c~.~urt. I1= ~l`2 il= t~ l~.t"tlltirlr~ i~iT` F~1II~,S "I`CJ I3ti.t?tiCi S(.TCk[ ~1;~ AC~TI~.~~11~r'l"7`l-1CN 'I"I~E ~l'I~4~IF: ST~'~T'l~.f~, `~C~ t~C4'"IyIf3N C:)it Pt~~C'F>~;17[~c~- CJi+~ .l'll~ GI..f~l~l ~`fAY ~~ Bl~.(JCtCI-l.'T' .AC;ATNST TIDE F'I:F~.S~-1`Jr1I. ~~1:'RF.:~F1'~T'~1T'l~I", ~~,~tJ! "t't~F~ C'I.~T1~rf f~ T~-lrtl~.~t~-1'°T'~1~ ~~C~R~'4'rR B~t{;RFI:) ~'IT°HC~C..i~` AI'~IY C'(~li_~RT` C1FZC~I~R. r 5i~rted c~it~ ,1~a~3err~htrr ~ ~ ~.m.,.,.~~.~,.~. L.~..6 JitrtZes Ci. l~ i¢~ri~la Bar Nu. 150?25 ~'t'Cw~jY fit. Yr;xs~iv 4' :~ ~~ ~~~ C v~kcvita~r :~~rc; Suite yliJ ~W ~t ,palrr~ ~~ac ,, ~L~ 3 346 I ~.. ~..~...._ {r~cidress} Tc~lel;-h{site: ~(~~9~~~46 E3ar Form No. P-3:1026 ~~~ Florida Lawyers Support S~~rvic~s, trac. ~2~vised .lanu~~ry t , :~Q ~ t? ~'ress l~~•r . ., ttc~rttev ~3cfress: J~rmes (i. Press , .~ nrnev fir t~b~e~,to ~ (f'ririt car I`r'~7~~.'Jr~r1~r.S t~'ndcr .alt ,Si~r2atur+~ ~,inesl EXHIBfT ~~~ I ~~ 0 t ~ r t (.'tR'1"t.FY that on 1`~lovemh • ~2U1 Q , a eo ~ E~fthis f`~h`ectian to Claim dv:as mailed h~{ ~~' j l~nitec~ States regular rnt~it .end certified mail, return receipt requested, postage pr~.paict tc~: Thomas ~. Sih~ertnatt, ~;~~. uf'l~lu~mas ~I. Sitverm~in, C'.~,, 3801 PGA £3ouler~~artl, Suite 9U?, Palm Beach Gardens, FL 33~IU; C~~nrad J. Ch:Santis, Esq. cif DeSa~~ti~ Gaskill Smith &. Sheo~krraan, P.~., 11891 US ~ighw~ay One, Strife 100,'~tc~rth Palm 13eactt, t/L 33408; a»d R~~bert i44.'~umma II, 6880 ~' E. Eianc~?ur Girtle~, Stuart, F'L }~~qfi, ~lam~s P ssty, ,lr, r,.. Attorne}~ r jector (Pr(rI! ~r Type Names Under AN Signature t,r~esl Bar Farm (~o. P-3.1020 C~ ~Ic~rida Lavv~~ers Support Services, tnc. Rn~li~ed January t, 2010 9 ~ ~ !N THE CtRCUtT CC3URT FC3R PALM BEAGN CC3UNTY, FLC~RtdA IN RE: ESTATE C)F PROBATI= DIVISION BARBARA 1,11. N1Ufi11MA, FILE N~?. 502010CP003379XX.~CXMB a/kla BARBARA McK. Cu1lJMMA _ _____Deceased. / DIVISIaI*-I IB (JUDGE CO(JK) ST~4T~tV1ENT {3F CLAIM The undersigned hereby presents f©r f ling against the above esta#e thi;~ Statement of Claim and respectfully alleges: 1. The basis f+ar the claim i:~ intentional interference by the Decedent, BARBARA M. f111Cli~-'11111,A, alk/a BARBAR~~ McK." 1'~UllrtF~l'IA, with ~~ inheritance ~,f Cla~t~artt in the EstatelTrust of ROBERT M. ~11Ul1rIMA, deceased, and/ar the Estate of 1/~JALTER M. NIUNINIA, deceased. 2. The name and address of the Claimant are R~3BERT 1111. 11/lUt~'IIvIA, ll, 688Q S.E. Harbour Circle, Stuart, Florida 34996, and the name and address of the claimant's attorney are set forth below.. 3, The amount of the Gtairn is still being deterrr~i~~ ~ ~ p ~ 4. The claim is not contingent or unliquidated. ~t~ ~~~~ ~ ~ ~ ~~~~ ~. `the Claim is not secured. ~HA~Q~ ,~, ~~~ C~.EF~~{ & GQ~p~R K Under penalties of perjury, I declare that I have read thC~d~b'l~r~,,~~~facts alleged are true, to the best of ray knouvledge and belief. EXE.CUTEO this ~~:,~~~. day c~f,,,~ ~'~~~~°~~ a'~~.W...~..., 2010. ~_ J~~ Attorney far Claimant Thomas IV. Silverman, Esq. Florida Bar No. 1760E5 Thomas N. Silverman, P.A. 3801 PGA Boulevard, Suite 902 Im Beach ~~~d,ens, FL 3310 ~r~~lephon~: t~~~D 7Z5~-75~_~..~.~. 4 Claimant Attorney f~F Olaim~nt Conrad J. eSantis, Esq. Florida Bar No. ~ 26858 QeSantis Gaskill Smith & Shenkman, P.A. 11891 US Highway One, Suite 100 North Palm Beach, Florida 33408 Telephone: (561 } 622-2700 CQPY :r,ail~~ ~~s *he At~Jr~~y fcr t_3ie~ p~rson.~l R&~preaentativ~ ~~ JY `V t3~~~~~__._._ CLERK rjw TN E: C° T R.CIJ.i T C_Ol7RT -, ' .7i~- L O i 4.1 MUST F3E FILED IN DUPL.tCATE ~, ~ [N TI-!i; ~:(RCLII' t~UURT FOft I'„~~,h'I I3GAC~~ COta~T~', F'I..C)R1C?A I'Rt7E3 ATE DIVISION Ii4 K.F.: ~?:~'I'r~. I`I~ +")~ i~ Ie ~a, ~~?202UCPOf,~,~~4~ [)i~~isi~n (~-i3.ilCTi(~N T« Ct~r1,~Ivt ~~ ftc~i~ert 1~#lumms C'~rt ~liail~ iOC~ r U i I+'J (:~0#l.'~ -~21~3 6Ii3 ~ ~'h~mas Silverman, f~sq. C'.ert 1~f ail ~ 00" U r lt) (}C)().i ~L1~ bFi I7 f_.'c~nr~d I~~Sa.ntas, Isi~q. Cert I+rlait~ 700"r 71U (l(I't).~ X21$ 60u4 "I"I~~: uttci~;r~st~'<s~~c~, L..isa ~~i. I~tor~ar~, i~is7~ ~~r~4>r~, ~~i repr~sr~nk~ti~~~ c~f'th~ a[x-~v~ ~~;t~t~ i~~r~~~yf c,l~je~:ts tc~ tt~~ cl~~isY~ f.~t t~oli~rt "w'1, '~~~~II~s~ ~~ ~~ Shareholder csf k~fi S~,••`.~,: fil~i~ in this pra~~e~:din~ cst~ I~fc~ti~c~snt~er ~, ~tll+~, ~o~~~ ~~t~St~ ement «tC'lairn is att~ch~c~. "1'hc~ L:~ilit~ti117t is limited tt) ~ ~t:ric~tl cif thirtti• (30~ da~rs tram the c~~t~ ~f fiert~c;~ ~f thi~~ c~bjec#ion ~~-ichis~ ~vhii:}1 t~ k~rin~ an ~~:ti4~rt c.~n the cl~.im, as l~ra~rid~d by FI~.Prob,R. ~,49fi at~d 5eetios~ 7~3.7f.-~ tstthc ~1~?ri~ia ~'s'c~k~t~te: t."c~cie unless are exter~:~ir~~ ~zt'the tune is ~~ree~i to IJ~~ #}te persotl~l re~rr.~s~~ntati+~re in ~~a•riting F,e#`t~re the tinge t~-a flr the i~:li«n ~~x.pires or ~.mless the time is extended t~r° ~~rcic~r tit ti~~ ~:ourt. IF'I~iii: t;'ir'1I'~'i,"~~'T' ~A.~,t.(_,5 7`CJ BI:t.I~l(s ~UC'E~:~.~ AC:"~~IC}I~,} 1l1fIT~~f~ T~F Til~i~ ST.'1,'~'~i~, Nth {~C:"C1[)ti c:~~ i~Rc:-~c~~:l~,C1i~(~ CSN' "IH~ CI~:~I"Vf 1~~IAY' I3~ 13RC~~~c~H~T f~c~ACNS1" TIC f'~:RSt~NAI~ Rf;i'It~~i:`J`i,t,~.~..1~`I~,. ~'~I4L? T°I-if CL~AI:'~ IS T~-~FR~~r'~l•T'E~t l~C~lV1J~. B~S.~D ~1~ITifiC?f,?T r~,n1Y Si~nrci cafl .,Ni~~ti:m~'r ~ , ?UI{) ~_ J<~zin~:~; C;, I're I} Jr., ~~t#crr~~Gy -~~tail Addr~ s: ~~ F'torida far Nc~. I ~t??~ rt'ressly & Pressty. ~'.r1. .. ~~~ Lakeview ~1~•e.. Suite ~IU ti4•e~f ~'<#~t1i 13e,~ctl~,l'I~ ?3~t)~ -- l~~iicir~:ws} I~cle pht~s~c': ~~ I faSt:~--~t~=l•t) James +~, Pre~~lti ~ tic~rney, tc~r (~ ae r 4 (E'rint ar .1..~~~~ Nan~~s under All Si~n:~tt~rr ~1~.i3tcsj 3ar Form No. P-3.1 t320 ~~ F!c~rlr~~ t_awyer~ Support Services, trio. Keuisect January t Zt314 f ~ r I CERTIFY that an _ N,4.~~Z~l~~` ~ ~. . a c~~+p}~ of this Qbjectian to Claim «~Frs mailed by t?nitecl States refiular mail ar~d eertiiied mail, return reic;ipt requc~~teci, pc~sta~;a prepaid ta: '1'liamas I~. 5i1w~c~rEt~art, Ian. ~tif Th~~rna N. Silo°e~rman,l'.A., ~~01 PGA Botiile~~ard, ~t~ite 902, Palr~n E3each C~ard~:~s, ~L 33~# 10; Co~7rad .t. I~eSar~tis, esq. cff 1~eSantis t;askill Smith ~ Sh.enivn.an, P.r'~., I 1 fly 1 US I ii~hwa}~ Cane, Suite; 1t.)U. N;~rth f alm Beach. FL 3i=t~8~ anc~ Rr,hert ~. ~~umr~~a Ii, f~SF .. :. Iiarl~nur f~'ircl~ey, ~itErart, I~'I.~ ._ r-_ _ _ _._ _.. _ ~ `_. ~~ .lame G. essly, r. 7! ~ttor fvr t7bjectar [Print 4r 7yp$ Nasn~e~ Undt~r t~,11 ~ign~t~r~ L,r-+~s1 ~. zoo Bar Form Na, P-3.1Q20 'a~ Ffc~rida t.a~vyers Support '~ervic~:s, Inc. R:e~riser~ JaRU.~ry 1, a(l1q IIV THE Cff~CUiT COURT FOR PALM BE.ACN COUNTY, FLORIDA IN RE: ESTATf~ OF PRtaBATE C3fVfSIC7N BARBARA !'~. MUfv1MA, alk/a BARBARA NlcK. NIU~1l1t1A __ ~~„~. f~eceased. ~/ FILE NO. 502(}1OCPOC}3379XXXXfUIB STA~.Ef~lE1~T C?~ CI.A~M Thomas N. Silverman, Esq. Florida E3ar Nc~. '! 76065 Thomas N. Silverrr~an, P.A. 3801 PGA Boulevard, Suite 002 Pal ch Garden FL 33410 T one: X5$1),7-7~0 ~`, DIVISION lf3 ~JUD~GE C~'3tJl~) The undersigned hereby presents farfling against the above estate this Statement of Claim and respectfully alleges: ~ . The basis for the claim i$ breachlvierlation by the Decedent, BARBARA Ir/l. MUfU11VIA? alkla BARBARA McK. MUIVIfVIA, of the Shareholders Agreement ire effect for HfCN SPEC, INC., a Florida corpvratlon, including, but not limited to, the misapplication andlor waste of corporate assets causing material injury tra the G©cp©rati~vn, andlcar interference business relaticanships cif HIGH SPEC, INC. 2. The name and address of the Claimant are R0~3ERT I~,+l. IItIUI~~MA, II, as Shareholder of HIGH SPEC, INC., 6$8tJ S.E. Harbour Circle, Stuart, Florida 34996, and the name and address of the claimant's attorney are set forth below, ~~,, ~~~~ 3. The amount of the Glacm is still being determined. 4. ~'he claim is neat contingent or unliquidated. ~t~ARQN ~. COM~'7"RC~l.#.~ 5. The Claim is not secured. '~-R~UlT CtVtL bJV~StC-; under penalties rrf penury, l declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief. ~,~' "ri EXECUTED this ~•' day of f~~ ~%~ , 201 d. Attorney for Claimant Claiman Attorney for Cimant Conrad J. be antis, Esq. Florida Bar No. 126858 DeSantis Gaskill Smith & Shenkman, P.A. 11891 US I~ighway lane, Suite 1 QO North f'alrri Beach, Florida 33408 Telephone: X561 ~ 622-2700 r~3PY~rz~f I~Ci Csa L~'~~T F~tL+~T"ri~?'~' Er,r '_!:ex E~ers4nal 7?apSE?[cf5~3~~~Cl~ ~ ~ r CI,~,Ri~ r,~~ `T?iE t:IA.C[7IT crL~~r By• ~. ____ ~D.. ... ~ _ . _ _ _ . >~,~~ MUST BE FILED IN DUPLICATE c~he~rt .~~l~umm~ t~'ert ~4'lgil~ rOCt (lrl(1 (1(10:3 4~lfi 6f~~:t ~~ t t~~ c_:rx~~t:~l~r~ c:c3t:sx-r r~ott >aat..,,,, (~' cc~t.~~~rY, ivt_.C?R1~3r~- 1~'RC)HA l'i< C~tViStC)~ iN KID: E:S'r.~TT? f'1~` Fife ?vc~. St)?C1~C1G1'0033'79~f~~CXX~-18 ~;'~ ft 13 ~'~ K r1 '~i . hi t~ ~~1 ~•1~ [?i~~isic?n Tl, ~c.r~~e:ci_ t_)k3.lEC:"l'[(~~ "~'C~ C:;t.~Ai?'vl ~~~3 ~~iS.~LI13B ~!t14'~'Ctll."iC1t, 1~5t~. c"e.rt R~iail= E oo ~ o ~ i c! !}~~l~3 :~;~ 1.8 Go 1 ~ f~onrad DeSant.is, E~q, (.'ert I4:fal~ rD(1"r i 1{~ t1f)(l~ ~u1f3 002 ~i'1~~: crr~tl~r~i~t~e~i~ ~. is~t I~1. lklc~rs~an, herng Qersotial r-e rese~.t~ i~~ cj~'the xhc~vL csttjie hereby vii}ects tc~ the claim ~~f Itc~hert '~Z~'~lu~ ~t ,,,,j~ fiic~ in this proc;e~c~ing vn '~~evc;mber $, LD 10, uopy~ ca!' ~tatetnerat cif t'lar~y is <~tt~~e:t~LCi.. "I'he c.~aaf~ianC is l~i~nited tc~ ~ p~r-ai}~ ofthtrty i3(?~ ct~`~s from thy: date of ~et-~~ice a#'thi;s c~t~jectic~r~ r~~'itl~tt Gwtticl7 t~~ k~rirR~,trt ~tctic}rt can chi: clairrt, as }~rt7~~icied try 1 Ia.Prc~ka.~. ;.~1<.)fi ~~~d Sei:ti~?n 7:x_3, ~1)S ~°-f`ih~ f~lc~rida N'rc~bate Lade unies~. an extertyic:>~~ ~?f t}t~: time: i:~ 4~~reeci tc~ h~= the ~ersc.~na1 repees~:ritativ~ in wrritn ~~c~ft;~r~; the time: tc) file thy: ~~etic~n c~cNires nr unless the time is c~lter~c3c~d ley ~~-rdcr c~ftl~c ~:t~~~r'#.. it° ~FF-~T; C°[.,A11~f~1:~°~' ~'~'~ILS "I'(a 1`3TtI~Ca ~t1C':I { ~'~~ f~C~"f`f[)~ '~'~' i'I'1 [~~ ~~`l:.~~:~ -i"IMF ST~1~T'~C~, vC.~ ~1(~'~l"'It:~ti CAP ~'I2~.~t'i.~'~P~+~J (:~~ '~"1.>l~ (:~'L.~L~1~ Ar1r~~tF E3~ ~3Rf]UGi~I"I' ~1G.~iNST T~-lI NF;RS(~N,~Ir i~Ef'K~~~~'"!'~~~'X4`1':~, ~~~ii7 "I'i-Ili CvLr~-lI+ri IS .1°IiEREAi~TER FC)RC~~'1"~F~ t3~R.R~1`7 W'ITHc~)tJT' .~-lYY :1arr~c:s (a. Fr ~ , .ir., .~ttrarnev [~ Ic~rida liar l~a..w ,~.5„~~~ ?~? t ake~~ie~ .eve. Sui~a 1Vc t Palm [3e~cl~ FI. ~:3~iQl (ac~dres}) James Cr. Pre.. ,~, tinr~~ev f.~r C)hj r ~~~ [Pr~s~t r>r Ty~~~.lvs~rn~~ t_Er~~ler ~tf Stianait~r~~ l,in~sJ Bar Fcrm Ne, F~-3.1{}2Cl ~~ t'IQrida l.av+ryers Subpart Services, tr~c_ r`?evisEC1 January Z, ?_~10 , r.-.•--- I (MAR i'IF~~ that qri ~~>r~r4rttlier t ~ 2U1[i , a copy of this t~bj~~~tic~n to Claim ~r~as criailed by lfrtited Ststes re~ul.3r retail artd c~ertifieci retail, return receipt requested, pc~sta~e prepasd tc~:.{'hamas 'U. ~il~•t~rrnitn, ~sy. cif 7hctmas N. Sil~~ermart, ['.A_, °3801 C'CiA i3fertler~•~trri, 4i.titf-: ~U~'. Palm {3eftch C.i~ir~3c~ns, FL 3 3,.t 1(3; C`c>ur•Gtc.I ,I. I)~:,Saretis, E:sci. v{~ Ue~atztis G1sl~ill Srnitll & Slten~tt~art, I'.A., t 1.891 IBS Ni~;h~~•ay t~ttz, `~uitc~ It~fJ.'w~~rtlt Palret F~c;ach, Fl. ~3-~{}8: anci Rcttaert :~1. l~lumrna Ii, (a S.E, 1-iarbc~ur C'ir ey Stu€trt, Fi. -t9~1fi. Jam I~ressTy,~ Jr. ; ' ~ Attar ey r t~~jector (r'rir,# ~r "t`~~e t~~~Tt~S llrtd~r All 5is~r~ature~ ~.i~esj {:3~r Form Na. P-3.1020 ~~ Florida l.a~vyers Support Services, enc. ~uvi~etf Januar•~ 1, 2€?tQ N THE ClRCUlT COURT FOR PALM BEACH CC)UNTY, FLORIDA ilV RE: ESTATE OF PHC~BATE: DIVISION BARBARA M. lVlUMMA, alkla QAREARA MeK. MUl'+~NtA ~, Deceased. l FILE NQ. 502016CP00337`9X.~t.XXMB STATEMENT OF CLAIM C3lVlSlOlU IB (JUDt3E GOOK) The. undersigned hereby presents ft~r ding against the above estate this Statement of Claim ar~d respectfully alleges: 1, The basis for the claim is unlawful taking by the Decedent, BAIR:BARA M. MUI~JiMA, a~k1a BARBARA i1llcK. l'VIUMI'~1A, of tangible and~or intangible personal property frarn the safe depQSit bd~ cif ROBERT III. MUNlCVIA, deceased, 2_ The name and address of the Claimant are f~OEERT M. l~lltJtwr'lfVlA, il, 888Q S.E. Harbour Circle, Stuart, Fiorida~ 34836, and the nar~ne and address of the claimant's attorney are set forth aelcrw. 3. The amount of the Claim is still being determined. ~ ~ P Y ~ECEIVE:I~ FOR FfLI~lG 4. The claim is not contingent or unliquidatPd, ~'~~~ ~ s z~~~ 5. The Claim is nat secured. shtAr~Ot~J A, g~~K CLERK g; 60MPTR0~.[,ER Under penalties of perjury, l declare that l have read the faregr;~'i~i~F~d~~f~.~~~C~~ alleged are true, tt~ the best of my knowledge and belief. E~CECUTED this _.~~~. day of _;~'"'v'~- ~~"~'~`~. X010. ~•.7 t .ors 4 ,~ ...:.~ Attorney for Claimant Thomas [~. Silverman, Esq. Florida Ear Nv. ~ 76665 Thomas N. Silverman, P.A. 38Q 1 PGA Boulevard, Suite 902 P !m Beach ardens, FL 33410 iepho ` ( 1 775-75E]t1 ,~ Attome or Claimant Copra J. DeSantis, Esq. Florida Bar No. 126858 DeSantis Gaskill Smith ~ Shenkman, P.A. 11891 US Highway One, Suite 100 !North Palm Beach, Florida 33448 Telephone: (561 } X22-2706 Clairriant ~~.~ . ~~~.______ a___.__ _ _ _ __ _.. ~ ~ ~ ~~ MUST BE FILED IN DUPLICATE iik~t~rt f~Iuit~ma t~`~rt :~i.~z1~ +OC)7 0 i 3. t) OG03 =#2I$ F£31 tN t't-tC (stRC'C_)t"t' C:(_)UR"t' E`C~R t'ALM Btr..~tt:H C(JL!?VZY, FE.fJRIU4 ~'t2C)QATE C)(t'tSCL~':V Eiile ~'u. ~Q2020t_'i'UU337~~ak.~C~?(l1~1t3 t3Altt3rl K.~ ,'~'1, t~1 U gut l~'t!i C)ia~isian 1>eceased. t_)I3.tt:C'~[~t(:~i~,i ~~ C) C:i.Al:art ~~x~ 'Cham~~s Silva,;xm<~n, E'~q. (~e~rt, ;1~~~~il~ iC?0?' [)710 O(~D3 ~I2I8 f61.7 t~`c~nrad D~~Santi~, Ir~ct. C`ert ~1~f~il~ ", OC)1 10 01)0::3 •218 t~63~~ `t:"he ~~ndersi~ned. Lisa ~i~I~~~a,_„ r~a~~, E~ein~ ~ersr~nat rc reset~t~tive ~f tf~e ~bov~; estate here~t~~r c~t~j~cts t.ct ttae ctr.iitrt t}t~.1~r~hcy~tll9„ .`~~9~~.mrt~a, lI fitt~c~ in this pr~~c~ec:dinu ort ~c..~verrrlaer ~, ?t~l~, ~:¢.}py~ cif StYter~~ent cif C;I~~im is attact~e+~. l"tie ct~~im~~nt is limite~~ to ~ period cif th.irtrr (:3EI} cl~~~s t't~m the d~ite: caf' service c-f'thi~, ~ahjection ~~thin ~"hich t~~ ~z-ing an ttctioii a~~ tt~e ctaiin, pis pro~rided by l~'t~.t~rc~l~.lt. 5,~yfi ;~~~~~ Section 7~a.~€35 c~fthe f~ l~ar<i~ I'r,:kh~tc ~ `~}~t~ ~frt~ess are c~tex~sic?rt of t.~te t~t~c~ is ;~~,reed tea t~}~ tt~t p~rs~.~r~at repres~t~tati~~~ in ~~rriti~rg f~erure tt~e til~ic' t~ l~ita the ~cti~~~ expires car ~~~itess ttie ~i«~e is~ e.~teilde~d h}~ order ~~'the court. 1F I H.t/ C'L~'~L`~'1.f1'~`l" tL'~'~tLS 7`+~} DRINK SUCH AN ~1~T[C>I~t VtrITHI~f "T'H~ T3~f~ ST~~TECJ, NC) s'~C'"rtUN t)it t'K.C7t~'EI~DINI!Cir C~iV ""t'I~E C'L.~1M ~~~'~Y ti3~ 1~12C7(JGI-iT ~'+.(aa~[1~ST TI:IF P~~R:SC~t~t~I.a t"tt:I~RFSi:N"I`A'i°1V1, A:N[) '1"III: ['[.~:~L'~~! I~; '~"`~11`,IZL.,~~"I`~;:R ~~(a~.~.~it=;Fi t3~~KRF[~ 1~'~~T~~CII~TT r'~~T~t' C_'t~i.R.T ~R IR. ~i,~ae:d can ti~~vemE~er ?01 C} .Idmey G. I're~ t~-, r., r'~t~t~~rne~~ ' ~~~~rtail :Addr~: s: !~'lc~ricia I.3ar'~"ta. ~C?~5 _.e.___ ~.~,_~....__.,..~......~. .I're:;st~ Rc t'rc~ss~v, P.~A, ~i~ Lakes=icrti~ ,!1v~. 5~,~ .~.. ~_.._~...._._.~ 1,Vest I'atm I3er~c~t°~. FL 3 i~d t (addresti~ !'Ll~;ph«tac~: Sb t rti~+9-~~~fl Jat~~es C;. Presst - t rne}Y fc~r t:~~aject r .~.,~. [Print ~~r .j_}'tae NF~rtaes C ~~~dze alt Si~naturr t.,incsl Bar dorm No. P-3.1020 ~~ F=lorida t_a~,rryers Sup{~nrt ServicPg, Inc. f?ev`.se:i .January 1, 2010 CL~'I"1.FY that can ~N ~'cr~~x__,~~+~' .~,Q~.~, a cc>p}~ o~ this C~hj,~ctic~n to C`~aim Fva.~ mai{ed E~y [.nitcd ~+tates regular m~3il ar~d ctrtiti~d rnari, return r~c~ipt requested, pc~sta~e prepaid tn: ~C"hE~mas N. ~i1~~errxran, 1=sq, e~tf .C'i~c~mas ~. Silti~erm~tr~, F'.A., 38n1 1'C~,A Boulevard, Suike 9n.~., t'alrn E~each G~irdens, FL 3~a 1(a; C`~ac~rad 3. 1?e~at7ti~, Cq, cif ~)eSantis Gaskill ~rnith c~. S1lenkman, C'.f~., 11891 US Hi~hv+ray C)ne, `uit~ I (){l. Narih 1-'a(E~~ f3ea~;ly, F1, ~3~f)8; anal Rc~ht:rt V9. (~fumrna lt, fi884 S.F. Fl`arC~«ur f`ircle:, Stuf~rt, FI~ r Att rn for bbjectc~r jPrt~t or Tyke I~am~s Ur~r Ali Sign~tua~a t.inesl aar Form No. P-3.102a ~~ Flarida Lawyers auppnrt Services, lnc. ~~~uis~i January 1, Z~tO N TNT CIRCEJI~T COURT FOR PALM BEACH COUNTY, FLORIDA iN I;E: E5TATE (~F i'ROBATE~ tJi~llSl4itii BARBARA M. MUMNtA, aflc/a BARBARA McK. MUMNiA Deceased. FILE (VU. Sa241 OCI~Og~3 ~~JX.~XXMB STAT~M~N'T OF Cl.~ll~ DIVlSIC3N IB ~JtJQGE COt)K) The undersigned hereby presents for filing against the above estate thi~- Statement of Claim and respectfully alleges: 1. The basis for the claim is improperly depriving Claimant of the benefits df r~wnershipfbeneficiai interests in certain entities, including; but nbt limited to, the foiic~~-i~g:* a. l~ennsyivania Supply Ctn.; b. I{im Company; c. l'ennsy Supply, Inc.; d. Bobali Corp.; ~~.~,~~ ~~~~ ~ e, Lebanon Rock, Inc..; ~~- f. Migi~ Spec, Inc.; ~'~ g, E~,rliddle bark, Inc.; 1~~~r ~ ~/,~~ h. Union ~2uarries, Inc.,; ,~~ ~ ~ ~~+~~ '~ C ~ ~, ~ i. Gerry Aire, nc.; ~ '~~ ~ j. Nine Ninety--Nine, lnc.; ~ RC `~ COQ '~O~k' (IfrC~~'ir ~ ~~'L.L~? k. 999 lnc.; and I. Es#atefTrus# of ROBERT lVf, iV1l~Mi~t1A, deceased. f~~~~ ~' Including each entity's subsidiaries and affil'sates there+~f and ar~y predecessors andlc~r successors theret~f,. 2. The name and address of the Claimant are ROBERT 1'x+1. lV'iUMli~++lA, !i, 6880- S.E. Harbour Circle, Stuart, Florida ~~9~~, and the Warne and address of they claimant's attorney are set forth below.. 3. The am©unt of the Claim is still being determined. 4. The claim is not contingent or unliquidated. 5. The Claim is not secured. \`t J nder penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief. EXECUTED thi. ~~~ day of r .~~'~'~~~'~`~'•~ 2a Q. ~` ' Attorney for Claimant Claimant Thomas lV. Silverman, Esq. Florida Bar Igo, 17~gf~ Thomas N. Silverman, P.A. 38011 PEA Boulevard, Suite 9Q2 Pal Beach garde s, F~ 33410 phone; 5B 1 ~ 5~ 5UQ Attorney f larrrant Conrad J, eSantis, Esq. Florida Bar (~o. 126858 [~eSantis Gaskill Smith & Shenkman, P;A. 1891 US Highway One, Suite 1 010 North Palm Beachk Florida 33408 Telephones {561 } 822_?04} ~~~~':! rna~i~~3 r..n rho At: t,.c~~.t~~?}~ f~~z the "~~s~r;,~l. ~~~r~~a~r:e~~~ ~~ ~ ~~~~ ~il~~ ~tT ~~ : __ ~~~ MUST ~~ EItEt~ [N DCl~L~~~A~' ~abert htumr~a L~rt 11ai1~ e 0Q7 0 7 ] tl i~t10:3 X21$ 6f 31 II'y THE C11!'~IPtT E;C)t`~"C.1~()lt ,,~,~,~1 _L3~I-I GCJrLiNTY, Fi_ORIi)~ x}RcaT~,~"I'l~ UIVI~IUN C?~J ~: ESTt'~7'E «~' File `~Io. ~U?Q3QCPa03~?~XXk~{I~iB ~3~~I{~;a~..:a ~~. tiir__Er~t~~~A iliti•i~2r~n C)i3JGCTIt)N ~'t.-~ i.;'I,~f'~ #5 Thum;~s Silverm.•in, T.gc~. C;clrt ~•i:iii= i ()C17 071 Cl i~1~3 X21 ~ 6h 17 Crs~~r~td D~:~Ssnti~, Fsq. ~~'~rt M.~ii= 7007710 QC~t13 4? I$ i~ifi2~1 Thy: ~rr~ciersi~r~e~i, .Lisa 4'!. C~1or~an, heir~~ ~er~c~r~al~,r~~,~~scr~~~tfit~'~ r:>f~tfi~e abc~~~e estt~te here:k~r~ objects tv the clair<~ ref Rea '~ . 1, i'~i. I~~umma lI ~s attarne -in-tact fir Musa ~~a ~,~tg: ~~r~~c1 ~~ s1c~t~a~:j,~. in-t~t~:t fc~r I+-~~ar~;uerite ~~iann Mumma tiled i~~ this ~roceed~n~ ors l~c~~~emb~;r 8, f:~Cf~}, er~p~ cat ~tatemertt c-~t C"l~~i rti is ~ttac.hecf. ~fhe e.l~iimant is litni.ted tQ a period of thirty' (30) da}{s tr~)Cn the date of s~°ruice c}f this, ~~b~e~:tion witl~irj t~~l~icli tc~ l~rirt~ aK~ Acti~» art tf~e c~lr~zzt, as }~rok•id~:cf by Fla.f'rob.~t. 5.49 ancf Seetio~~ 73.?~~ of the I" Ic~rict<~ t'robat~; C~r~de urn#ess an extension of thz time is agreed tc~ by the pers~c?r~al representati~-c~ in r~°riting h~'f~rc' ~#~~ tir~re tc- file trre i~c~tc:~rt c.~,;pire.s or unless the time is extended b~,, order of the court. I~ I.EI,I: ~L~.IM.a~~C I~~ILS -f`C? I3I'2INC~ SC~CH ~4N ,~C"TICi1`J W'ITH:II'ki 'T"HI:a Tff'~1:E 51:'fl~ ['~i:3, ~J(:.l .~L:TIC?N i:)R PRt~~CFi~i~1C"r C)~C ~fNE CI.,.~ti'vi '+~i~1Y ~3F., E34Z.t~CCiI--~T .A~A1~J:N:S~` "T''HE f'~~tSC~N~L RTpR~fil?vT.~TI'~'F,, ,~4~'~ T~F:, f~"1,:A~tM C~ I"E~~i.~~'~~"T'~~t I~t~Ct~'~"~.~ ~3?-~Z~~C:? t'~'C"f`EIC)L"F` ~-.NY Si~;r~ed on ~oenyber...,,~.~...~~ _ ~~.L{l lames G. I're. ly, Jr., :~ttor~~e~ l•'lc~ric~a 13ar Nc~. _~I ~t~?25,~,~,,,~„~,,,, ,~ ??~ [. k view ,~ve~. ,Suite.,.. ? I (} .~__~.. ~?r'.~~~,,Pa1r~~.,~e~~ehx F_I-,:.....~.:3~~~ l.-.~._.~...__._ (S~dreSS~ I'eleplxjne: ?fi 1-(ij9-:~O=tU ,l~~rnes C. Pies ~, . ttc}rnev f~.~r t~7bj .ct [Print or ~l~v~?c Vamcs inclcr :~t1 Si~naturc L.incs) Bar Form No. P-3. ~ Q24 ~~ Florida sawyers Support Services, Ir1c. ~'ie ~ti5ed Jariuaryr 1, ~0 t ~ - l C'lrlt l~lF'Y that an Nc~vemt~er I ~?~}l~ , a copy of this f3b,~ection to Maim ~~~~s mailzd b~ United States regular mat! and certified mail, return receipt requcst~:d, pt~sta~e prepaid co: Chomas I'~[. Silti°erman, Esq. cif T'h~mas N. Silverrttan, P.r~., 38f)l 1"Gt~ Boulevard, Suite 9Q2, Palm Reach (;amens, F[~ ~3~i 10; f,'can~rad J, UcS~tntis, l:sq. of I)eSantis (laskili Srnith & 5henkmtan, ~'.~., 1 l 8'~ l US i ligh~va}, One, Suite 1(?0, North Palm 13eac~h, Fl. 33~p8; :uld Robert 11x1. 'Wiurnma 11, fRRf} ~.~. 1-larbci~jr C:'re[e, Stuart, 1+L :~~S9tIb. Ja e C. ress[y, ,1r. ~ Aft ~ fat ~3bjectar (Print car Type Names Under AI{ ~ ~n~!'u-~ lined Bar Form Na. P-3.1 Q2l) ~~ Florida Lawyers Suppart Services, Inc. Re~~?sed January 1, 2010 N THE CIRCUIT CC+URT FOR PAL11A SEACH COUNTY, FLORIDA 1N RE: ESTATE OF PRC}BATE 0~11/ISIC~hi BARBARA M. Ml1MMA, FILE NC3. 502410CPOQ3379~JCXXNIB alkla BARBARA McK. MUMMA ..~._ ~~ce~~~d. ~~ C~lV1Sl(JN ~~ (JUC)GE ~aaK} STATEMENT C~l~ C~..A11111 The undersigned hereby presents for filing against the above estate this Statement cf Claim and respectfully alleges: 1. The Basis for the claim is breach of duty of loyalty by the- gecedent, BARBARA M. MUMMA, afk/a BARBARA Mcl'C, Mt~MMA, during the time she was the Executrix of the Estate of ROBERT M. MUNIMA, administered in the Court of Common Pleas of Cumberland County, Pennsylvania, File Nc~, 21-$6-0398, andlgr Trustee of any and all Trusts under the Last V'W"ill and Testament of ROBERT 1~11. MIJMMA, cleoeased. 2. The name and address of the Claimants are ROBERT M. P~Ul1AMA, II, Rf~BERT M. MUNIMA, II, as Attorney-in-Fact under Limited Power of Attorney- for SUSAN MAI~IN MUM1t11;A see at#ached photocopy of Limited Power of Attorney}; and ;~s Attorney- in-Fact under t.imited Power of Attorney for MARGUERITE 11~AlyN MU11rIMA see attached photocopy of Limited Power of .Attorney), I~880 S.E. Harbour Circle, Stuart, Florida 34996, and the name and address of the claimants' attorrEey are set ft~rth below, 3. The amount cif the Claim is still being determined... ~~'(~~~ ~~~ ~ 4. The claim is neat contingent or unl'rquidated. ~~~ ~~- ~~t ~. The CIaItTy IS not SGCUred, ~L.~ ~& ~~ ~. $~~K Cl D~.~ ~ Rt~~,LE~ Under penalties of perjury, (declare that I have read the foregoing, ar~~~l'~~~ vt51p alleged are true, to the best of my knowledge and belEef. ~ EXECUTED th..i~s ~'' clay of ~~-~'~~\~ ~~~ ~-- , 2010 ! / ~,: ~...~ _ _ Attorney for Claimant laimants, Robert M. 1Vlumma, Il, Thomas N. Silverman, Esq. individually and as Attorney-in-Fact for Florida Bar No. 176Q65 Susan Mann hllumma and Marguerite Thomas 1V. Silverman, P.A. Mann t+/iumma, under t~imited Power of 380"1 PGA Boulevard, Suite 902 Attorney P Beach Garden} , F~ 33414 hone: (~~-~ ??,~-7~Q0 ,~ Attorney fo~laimant Conrad J. eSantis, Esq. Florida Bar No, 126858 DeSantis GaskiU Smith ~ Shenkman, P.A. 11891 US Highway tine, Suite 10a North Palm Beach, Florida 33408 .telephone: X561 ~ 622-2700 CC3PY 3:~ ~. l tc~ to Ire Ar to: :~epresenC3~:iVfa t~Cl ~iQV Q 8 ~.~.~~..~.. ~_ ay: EC7i`~.4 SM1l'l~ ~Y. ,-~ ~ ,1,, 3 ~`~ l Y^~~~ ~ , ~,, ~ .- ~ r,~ s {- 11IlElST BE FILED IN DUPILICATE tcxl?ert ~1~tumtua C:'~~rt I~~Iai~= 7t~f) ~ f}71 Q ~tr03 =t~18 t~€31 IN T'I~fE t'IR~.LIIT CG[1RT FC.~R .PAI-M $~ACH G~~UNTY, FLORIDA PROQATI/ DI'~~ISION 1N ItE; ES'TA'T'F (.~F I= ile tio, ~f?~Q~tK;F(}t}3379XXXXMB X3,1. R ~ A R ~ 1-1. 'v'i t hrl ~lr~ Di~~iSinn f7i;t;ea~ed. C)133EC"TIC)N TC) C.'I.Aih~t Ufa T'hama~ Silverman, E;~q. Cert Mai1~ r Q~7 p i I d t~U(?3 42 a 8 FS 1.7 C~'otirad DeSdnti.s, Encl. t:'ert ~rl~~~il: i f}~7 i~] 0 CNJ(a:3 4~1$ G4i2~ Tl~e cxrxc~GrSi~n~:c1, .Lisa 1yI. ~1©r~rtzx, being ~ r~,,~~.~.~ '+~_ ~ ~:['ttte above estate herE~bw ti-~bjects t~~ the claim c~#' Rc>lxert I~ ~ l ' R.Ub~rt M. Mumma II as attorne --in-fact for Sus ~, un€tm~: s~n~#.~s 4~ilc>rnr:~~win-fact f~-r Mar~erite Mann '~~lutnma tifcd in this Pr~acc~cdiit~ can l~t~~v~mber $. ~{)1 R), cc}Py t~f ~-tate~nent ~~-~` C"Iairxt is :frt4~eh+~d. I.hc cl~~i~narit is lirxxitetl to a Perit~d of thirty: (3(l} days fr~7m thy: ciatc of scr~~ic;~: of thi;5 abjection ~~ ithirt ~r~heh tr;- hrit3g att acti~rt can cl~~ %lairn, as ~rovicied by t' la.l'rob.R.. ~.4~~6 and Sei;tic~n ~'Z:3_ ~t~~ ~~1~thc Flc?ri~la Prt~bate ~vude unless a~i e~;tensiarx at the tune is agreed tc~ b}, tl~c; persr~r~al z~r~prescntali~Yc; in ~~ritin~ t~et~re~ the tune t~7 ile thy; ~~cti~xn c~pit~:y gar ~~nless the time i.s exterxded b~ ~~rder of the coEirt. ll~ l`E-iI/ ~.'LAt:i4'I~~'~~I~ l°'.tiit~S TC) I3RI'~t~ St1~"~ ~~~ A~`Tlc'~~ ~'iTl-~T~I THE TIl~~F S'T1L'f~~C), ?~f:} .r~c~ rlt)~ ~_~~ ~~c)~~~-F:r~IN~;< CJN T~~ C~i~~"~IM h~"l1~ B~ >~R~t}t1~T :~c;1~,I~~`T T i~~~,~tS~f~NA1~ R.~Pftf~Sf.NT~'~TIVT, ~,NT~ 'I`HE f~Lr~I~~ 1S `fl"~E.~.l/,~'1I="C~~K 1=f:)K.l~~v'l/R E3111~RE;13 V~~'ITIIt)I1T Ate' ~~. Si~~ec~ can '.~~-~vet:alacr .~.~...~. ~:~ J~~tnes ti. C-'vlail Address. I"'ic~rida f3ar No. 150225 Z?2 I.,ak view Ave. Suite 9I Q Vest Palm i3each F,L ~3~OI-......._..~,....._._.~._. _.. taddress) I'elephotxe: SCI-G59-4rJ-1U _. Fr~y:ssly 1r., ,~tthr~~ey° Js~mes ly~, :4ttorney for f~ J e (Yrirt ~r ,l. `.FC .'~arncs Under .~~ll Si~naturc Lir~cs) I3ar Form No. P-3, 7 f?2fl ~~ Florida La~dvyers Support Services, lnc f2~*vised ,ianuary 1, 2014 ~ l CERTIF~£ tlyat on November ?010 , a copy of this C7Fbjection to Glain~ ~~~~~s mailed 6}r f~nitt#ci Suites re~ttl~u mail and certified. mail, return receipt reytiested, pc~st~ge prepaid to: Tht}rttas N. ~ilvennan, Esy. czf T}~cictt~~ ~. Silv4rmart, P,:A., 3$01 Pc~,~ Qc~uie~~ard, Suite 9012. Palm Qeach t;Yardens, FI: 33~# t ~ Conrad J. DeSantis, Each. cf DeSantis Ciaslcil! Smith & Shenkcnan, P.A., t 1891 UPS 1 ii;~hway Cane, Suite 1 t)(~, '~{~rth balm C3each, ~ C_, 33~t}$; and. Robert M. Mumma It, fi$$d S.E. Nartx~t~r C~'irc ,Stuart! FL Ja G1~Fre~siy, .lr. ~,ttt~r y f abje~tor (Pant or Type Names tlnctev ail ~~r~atUr,~ lines} Liar Form No. P-3.102t~ r~ FEcrida ta~wyers Support Services, Inc. Pfsu°s~ad January 1. ?_tl1 J fV THE CfRCUIT COURT FOR PALM BEACH COUIVTY~ F'LOf~fDA IN RE: ESTATE OF PROSATE~ DIVISION BARBAI=tA N9. MUMMA, alkla. BARBARA McK. MUMMA Deceased. i FILE NO. 502010CP003379X?C~MB STATEMENT pF +CLAIfi~ DIVISION IB (JUDGE COOK) The undersigned hereby presents for fling against the above estate this Statement 4f Claim and respectfully alleges: 1. The basis fr~r the claim is holding or acquiring conflicting and,lar adverse interest~s~ against the EstatelTrust of ROBERT M'. MUMMA by the ©ecedent, BARSAf~A M. MUMfVIA, al`k/a E~ARBA~-F~A McI~C. MUMMA, during the time she was the Executri~c of the Estate of ROBERT M. MUMMA, administered in the Court of Common Pleas of Cumberland County, Pennsylvania, File No. 21-86-039$, andfor Trustee of any and all Trusts under the Last Vtilil# and Testament of ROt3ERT M. MUMMA, deceased. 2. The name :and address of the Claimants are RC}BERT Nl. MUMMA, Il; ROgEI~T M. Mt3fVlMA, I I, as Attorney_in~Fact under Limited Power t~f Attomey for SUSAN MANN MUIUI(U1A see attached pi~otocopy of Limited Power of Attorney; and cis Attamey-~ in-Fact: under Limited Power ofA.ttorney for MAf~GtJERITE MANN lU'IUMMA ~se~e attached phr~tocc~py of Limited Power of Attarney~, 6880 S.E. Harbpur Circle, Stuart, Florida 34996,. and the Warne and address of the claimants' attorney are set forth belov~r. 3. The amount of the Claim is still being determined. ~~ ~ ~ ~ ~ ~E~VE~ ~O~ ~~t..l~c 4. The claim is not contingent or unliquidated. ~~~~ Q ~ ~~~~ 5. The Claim is not secured. SHARO[~ ~. ~C?CK GLE~K ~ ~CUMI~Tf~C?Lt.E'R Under penalties of perjury, l declare that (have read the foregoin~l~'.#~1h~~#~~S~t~~ alleged are true, to the best of my knowledge and belief. EXECUTED t ~s -~' day of __~_~-.~.~`~ ~~~ ~ , .2010. Attorney for Claimant ~ Claimants., I~abert M. Mumma, Il, Thomas N. Silverman, Esq. individually and as Attorney-in-Fact for Flor'cda Bar N4. 176065 Susan Mann Mumma and Marguerite Thomas N. Silverman, P.A. Mann Ntumma, under Limited P©wer of 3841 PGA Boulevard, Suite 902 Attomey Pa~each Garden , FL 33410 T hone: (5~ 1 y7-7~0 ~ ~ Attorney for ~;~imant Conrad J. D antis, Esq. Florida gar No. 126858 DeSantis Gaskill Smith & Shenkman, P.A. 11891 US Highway One, Suite 104 North Palm Beach, Florida 33408 Telephone: (561) f 22-2700 ~~ 1's 'icy 1 F CUPY rn~ila ~, ~~~ ;n'r~t~l ~eprwenta LL ,~ -~~ )~ 3~r; _ ~ 1t'~i~ ~~ti~t ~~ MUST BE FILEQ fN DUPL_1CATE tr~t~rt 11~ium m ~~ (~`~~rt ~-1ail~ iUt)7 (1 r 1(1 Ua(1.':3 ~~2' 1~3 t;4i;:11 !N "1 HP. t~1KCL~1T CUC;'ItI- FOR PALi~t BEAE H C()l~'~1~`Y, t~~,nRl[)~1 E'KC)BA-i`E nlViStOi~ }=ile Nr~. 5(f?Q?gCPC}0337~X~XfY:~"~i FiARBARA'~1. h1L~;41h1A X71 V 151t)rl I~ct.~;fsed. ''I'h~~rnas Silverman. 1rsq. (;art 1~~1ail~ 7Qft7 p710 Ufl(l3 {#~18 (iG2"; Conrad UeSanta~, ha~q. t'rrt i1~lai.l; eC}07iI0 t}(}()~3 ~~18 6~~~ Tlie t~r~il~:r~i~;rrecl, Lis4r Sri. Ik~l~rganx hein~ ersonal re re~entati~,,,e cat the at~c~ve c:~ta#~ hereh~~ obj~:cts to the claim of Robert f~,'f. '~~iu»ttt ~ sus ~##carne ~-in-fact t~c~r Susz~u ]~~rl h~iunama: ~Ll,„~.~. ~r ~~-~~-fait l'c~r ~~~ar;~ucri#c '~S~tln ~viumma filed in this lar"o~;eeciing on Nore~nl~r ~~ ?.(11.4, copy ~~f Staternertt +~#' Clairn is attached. The c lairnatlt is litnit~:ci to z~ peric~ci Uf #hiri;~~ ~~t}? days frc>rt~ tl~e date ijf seY°vice of #hi~; ak~je~ction t~v"Tt~lid3 44`hich t~ ~~rr~g, a~~ acti~rZ c~r~ the cla~rt~, a~ Prr~~~ded hy~ Fla.Pr~:~~.:R. ~,=39f~ a~tci ~~iec:ticyn 7 ~~, ~'(f~ ~~f the Fliyri~l4;1 Pri~ha#e: (~.«ci~: rtzalc:~s an ex#~:r~sr>n cif the #ime is agreed #o b~, the persorral repre:~enta#ive~ in ~c•riting l~efare the time to tilt #hc~ acticrt e~pir~e~ or utties~ the #irne is t,~.tenc#ee~ h~f c~.rder c-f the ~.t~ttrt. IE° TT-'E~ ( L:~Tllif~~I~"C Fr~1L~ .l't~ ~3)~Zt.1I'~ICi ~L`t:'l~i .~N r~(::''I'IC)~1 1'~'1~1'I SIN 'I~11#:: "I'I3VI~ 4"l'ATEI~,1"JC~ ~~'"I°t4,~N Old E'l~(::}Cx~E.L3I~fCi (31'wt T#TE ~L.Aii~i 14~tAY B1 E3R~C7fJ~~I~TT :~'~~AII~ST TF-I~ PTRS(~N,~1., RfPRESEiVT:t~'1~L~1`~, ;~VT~ TF'11~ tn."I.,~~II~1 1.~} TH~:RE~'~FTIaR l:'(~R.E~'rF~ T3~'~RR.Ff) ti4'~THC.)I~T 1~%~Y ~.:'(~l.~l~t.T t~~R1:~lR. . S~g~3ed on l~dt3a~~err~t~er ~'(} 1(l Jz~.~iles (.;. Pr-essly~ Jr., At#urnev E~-i~~iail Adi~ress: _ Florida 13ar No. l ~(.122~ Pre. l ~ ~~ Preset ~ Y.A. ~'?? I,ake~~ie~~ Ave.. Sui#e ~!0 1~'~~'c~.t Palm ~3each FL 33~~(}1. (address} t'elePhone: _~61-ci59-#YQ=lO ~- J~me~ C~. r•e. ~ ,~tt~-~rrte~~ fc~r (7h ec;t~_ -„~~ [Print ~~r T}~~C'~~ttrZ~:s I'n<1c.r,11I Sr~.r~ature I.ir~e51 Sar Form hJ©. P-3.1420 Florida Lawyers Support Serrrices, ir~c. Revigc~d ,9anuary 1, 201 ~ ~l'.:l~t'1°II~Y that cart N ~ ve . ~ ii}py t:~i! this t:~E~jectic~n tU C'laim ~i=cts mailed ~y [ united States rt~;t~tar mail ~-nd certified mail, return receipt requested,. postage prepaid tc~...~}~c?m~ N. Silvern~an, Esq. ofTh~~rnas `~l. Si1~~erman, I'.~'1., 3~q1 PG.a F3r~ulev;3rd, Suite 902, f atm f3~ach C;arden~, FL. 3>~t l E}; C'c~nr~~~i ,~. UeSantis, }esq. c)f I~eSa~ttis (;askill Smith & Sltenkrrian, P.A., 11$91 C1S 1-Iigh~~ay Une, 5~tite 1 [3(l, ',~«rth ~t~laYa ~e~~ch, 1~~L .3_~3~~~; a~7d R~~k~ert lvt. I~1i~n~ma Ii. ~8U 5.~. I~larha~~r irele, St~~art, ~~, i~39~)6. r J m s G, Pr~ssly, Jr. ~....~. A Qmey far objector (grant Qr ~YRe Names #~nder A[I S~natur~e l.in~s} v . 2D10 F3~r Farm No. P-~ 1~3~0 ~~°~ i=~rrida lawyers Support Services, Inc. F~e~~;ae~ Jaa.nuaryo ?, ~'41rJ iw THE CiRCUtT Ct3URT FOR PALM ~3~ACH COUhlTY, FLf3lwtlCtA IN RE: ESTATE CAF PRC}BATE allllSl{~N BARBARA Nt. MUMMA, a/k/a BARBARA McK. MUMMA Deceased. _ _ ~ FILE No. s~2olaCPOO3379xxxxMB STATEMEI~IT OF CLAt(,,,I~ atVlSlt~N l8 (JUL?GE Ct~C?K~ The undersigned hereby presents fur filing against the abrave estate this Statement of Claim and respectfully alleges: 1. The basis far the claim is wasting and/or rnaladministratian of the EstateJTrust of ROBERT M. MUMMA by the pecedent, BARBARA Nt. MUMMA, aikla BARBARA McK. MUMl~tA, during the tune she was the Executrix caf the Estate of Rt~BERT M. l'~1Ut~MA, administered in the Court of Cc~mman Pleas of Cumberlarnd County, Pennsylvania, File Flo. 21-8G-398, andlc~r Trustee cif any and alt Trusts under the Last 1JVill and Testament Qf ROBERT tall, lt/IUtVIMA, deceased. 2. The name and address of the Clairr~ants are RQBERT M. MUMIIttA, t1; F~(~BERT I'iA. MUMMA, tl, as :Attorney-in-Fact under Limited Power of Attorney for SUS~.N MAl`~lN l1llUMI~rtA (sea attached phc~tocapy of Lira iced Power cif Attomey~; and as ,Attomey- in-Fact under Limited pawar of Attorney fc~r MAR~UERtTE MANN IVIt.J~MlUTA see attached phatocapy t~f Limited P+nwer of Attorney), 6880 S.E. Harbour Circle, S~ ~ ~~- and the Warne and address of the claimants' attorney are set forth b~ `' o, "~ ~ r~ 3. The amount of the Claim is stilt being determined, ,~~' ~~ f:kj,~ 4. The claim is not contingent or unl~qurdated. ~~ 5. The Claim is not secured. ~ ! declare that l have read the #ore oin and the~'~ t~iSr~~~.. Under penalties of perjury, 9 g, alleged are true, to the best of my l'~r-avwledge and belief. EXECUTEt3 this ~ ~~' day of J~ ~'~'~ '`~ , 2 10. ~ ~, r• _._...-~ Art©mey far Claimant lairnants, R beet M. Mumma, il, Thomas fit. Silvemnan, Esq. individually and as Attorney-in-Fact far Florida Bar l~to-. 1760165 Susan Mann lUlurnma and Marguerite Thomas N. Sil~rerman, P.A. Mann Mumma, under Limited P'awer of 3841 PCA Boulevard, Suite 902 Attorney Palm Beach garde s, 1=L 33410 Those: ~561~- 5-00 / Conrad .l. DeSantis, Esq. Florida Bar No. 126858 C~eSantis Gaskill Smith & Shenkman, P.A. 11891 US Highway one, Suite 104 North Palm Beach, Florida 33408 Telephone: (5fi1~ 622-2709 ~ COPY rr.eiled to the A~torr~y far tre nersa<nal Stegresentative axf _.~_.~______ ~~~I~-~--~--- - ---~- - i:i.~i?K r~ ':4i~ r,;Rri3i^ COUaaR3gT Y ~ ~a}~1 ~F'~±li~~ ~~. MUST EE FIC.EQ tN aUPt_tGATE ~.c~hEart. '~'Iummt{ (~crt S~tail k ~ OQ i U" 1() EJQU~3 ~~ 1 ~ E(i;31 l~ I~l~l/ tr (kCL`t l~ C:Oi~K"T Ft~R F:'~L'+ ~~ (;C)UN'1"Y, F C,C?RlI?t1 PRC)k3ATl~. Dl~'lSit)N 1N lam: IST:~ l'L (~1~ File tio. ~()at?~UCYU0+37~)?~.'t~.Xl`~tB ti ~~ R f3A ft r1 '~~~ . 1~iU~t M~ l~i~ i~[~r1 I.)c~ce:is~c!_ C)1"3J~.C~!"1C~IV TC) ~'L~t1ItF1 #l~ "1`t~oniFis tiilrrermar~, li~sq. ~"~~rt i~'Zail~ 7t}0? (}"' lt) EaUO~ =i~l$ 66.1 i ~"c~nrad 1J~5atits, E~~q. f_'ert 14'iail~ 7t)tl ~" ~ 1Q (}C}{l~3 4213 662 .l"tie urr~i~ r:~i~t~ed„ I.~i~a .~~. lVtor~an, being ersonal re ~reseritati~~e c~~ tl~e ~}~c~ve e~t<~.tw h~.•~-ehy uhjects tc~ thy: claim ~-~f f~c~bc~rt ~~9m,w, h•tu~~ma It are r~b,~ u ~ r.l as 4~1~t~~rn~~~~i~3-fas:t far 'vlaz- Bert 4'f$n~ i~t.U,, rtl,,~ f iiLCJ ~rl th~S }jri~c:~~}dingy, cjn Nc~r~•ember 8, 2Q 1 Q, cc~~y c+f tatem~~it of C:'taim ~s att~~:l~~d. "f h~ clai~i~ant is lrrrtitc~ to ~ ric~d cif thirty {3(1) clay~~ fro~~t the date of ~~fl~1Ge vt thkS c~bje~cCic~:rj ~~'Etl]1[l 44`t1iL~`t t.e,~ E~rir~s an ~ic:tie3n ot7 the Maim., 3S pro~•tded by F1a.F'rc~h.R. S.~t~6 and SectinEt 7:3;i.~€~5 4~~che I~"te~rida Frabate C:c~de unless art exfiensic~n cif tt~e tune is a~rc:ed t+~ by tl~e persr~nnl repres~nt~tti~~e i~~ w•ritin~ hc~l'~~re fb~~ time tc:- 1it~ t:be tictic~n expires car unless the tiiYre is extended t3y carder ~•~ftttc cc~rurt, 1 C" Tl"~ir tY`T._,~~TM.:~NT' F~~IL S T~ ~31~::TI'~1C, SC,j~:N ~-1tiI .~+~Tit.~h~ ~"C'~:1~# "I ~-I.1~ '1'Ilt~la S"T'.~'1'~~D, I~It a~~E.TIt~N t~)R l~`1tC3~;1~.FL,}IIvC t)~ ~"H:~ (:.'L~li~1 ~1~~~r ~3L F3~~L1Ci~~"1" :1t:i~t'~I~i~7' Tf"iE F'Ef~'.~C}1~L K'~I'1~.~'~L:iv~ 1~,~'~`I't~b, :'~?~`L~ `I'tl:~ C:~L'~I'~4 1'~ •1,lIi:R:E.A~~Tt.°.f~ I"f)1~~~r'E.R 13;~RRED ~~~I'T'Ni")~~rT AN1~ S ~ raec~ c3ra N~-aa. is l ,y ~ , ~fl 1 ~ J°ir~ar> (. l'resst~'~ Jr: t yrney [~-Mail ;~ddress:.,,.~... - E 1 ~rida 13ar Nc~. t ~02?5 ~~ es ..~.~,, east, ~,~- i.. "3:3 =~ ..~..~...~ address) ~reteEal~o~3e: ."fib 1~~v--~~~o • James ~. Pres .~ttcarney fir CJbje tc~r [~E'rint car "f~ype Namcs 1lncicr ~Il Si~ttat~~rc L,incs] Bar Form Flo. P-3.1 q20 ?~ Florida Lawyers Support S~rviGes, Inc. ~c~visad January 1, 2Qf~J C`F1~ I'IE~'~r' tht~t can N~a~~cm~x:r ~?[~10 , a capy~ afthis (~~Sjection t~ (r'l~im 1~~~is mailed ~y United States regular mail rind cer#ified mail, return receipt requested, postage prepaid tom. Tltatnas N. Sit<<eRnan, Esq. afThc~ma.~ N. Siltir~rman,l~'.A., 3841 PGA I3ouiec~~ard, Suite4t}2, ~'alm Beach. C;ardens, FI, }-3 I (l; Gc~nr~~d J. BeSantis, F~sq, of DeSantis Gaski[t Smith &. Sh~e~~kman, P,A., t ! 891 t?S Highway Une, Suite l(~0, Nr~rth Palm .Beach. f~L 3348; and Rabert !~'t. ~t~ymma 11, . 0 S.E. Flart~c~tir l'ireic, Stuart, ~L 3~99fi. ~ ~. Pressty, Jr: ~~ r A om~y for ~ajector ~ ~~'nnt br Type Names Untter Ail Signature t"in«~sj Bar Form No. P-3.1020 Florida Lawyers Support Services, (nc. R~v45~c! ,1~r.ua{y 1, 2044 M THE C1RCUiT COURT t=aR PALM BEACH GUUtVTY, FLC+RtDA- Ihl RE: ESTATE OF PROBATE DIVISION BARBARA M. MUtVItVtA, afk/a BARBARA McK. MUMMA _ Deceased FILE IVO. 502010CP00337!9:~:iCXXMB ~TA~'EIIA~f~T Ol~ Ct...A~M DIVISION 16 {JUDCaE COC)l~) The undersigned heresy presents for filing against the above estate this Statement of Claim and respectfully alleges. 1. The basis for the claim. is~ breach of fiduciary duty by the Decedent, BARBARA. l~l. MU~+IIMAk al'k!a BARBARA Ntci'C. MUMMA, during the time she v~ras the E~eecutrix of the Estate of ROBERT M. M~lulllllA, administered in the Court of Common Pleas of Cumberland County, Pennsylvania, File No. 21 _g6_0398, andlar Trustee of any and all Trusts undef the Last Will and Testarr~ent of ROBERT M. MUMt~,~iA, deceased. 2. The name and address of the Claimant are ROBERT t. MUM[ulA, li, 6660 S.E. 1-€ar~QUr Circle, ~#uart, Flt~rida~ 3~~#9~6, as Attomey-in-Fact un~ter ~.irnited Poorer of Attorney for MAR(aUERITE MAN'l~ MUlttIMA {see attached phc~tocc-py of Limited F'o~rver of Attorney}, and the name and address of the claimant's attorney are set fo.-..~ ~,,,~,~,., Ce ~~~ 3. The amount of the Glatm is still being determiCE l1t E D ,, :. :~~"~-~~ 4. The claim is nat contingent or unliquidated'. ~~~' 5. The Claim is not secured. S~lARO, Under penalties of penury, 1 declare that 1 have read thec~r~r r~_ alleged are true, to the best of my knowledge and belief. ~~ ~ ~..., , , ~ ~~~. ,~. ~ 4 .+~~-.' EXECUTE© this day of 1~"f ~~'~~~ 261 Q.. Attorney for Claimant Claimant Thomas N. Silverman, Esq. Florida Bar I'~o. 176465 Thomas N. Silverman, P.A. 38CI1 PGA Boulevard, Suite 002 P Beach Gar ns FL 33410 ephone: 5 1 7 750 Actor e f Claimant Y ~:t7a'Y :~.~i2~~ ~~ ~~.Q ~r,t~zn~y ~'e~r ~.:~ Pezs~s^~a1 ~E~ti ~g~:~~~~ ~,~a ~~ Conrad J. eSantis, Esq. .. , ~>:~-, ~ --~j-~~ '~4~ Florida Bar 1Vo. 126858 _ _ __~._. __....._._.H - $ DeSan#tS Gaskill Smith & Shenkman P.A. r-.~~" nF '•=!` K_ZR``IIT :~7`~F~' , 11891 US Highway C)ne, Suite 100 3Y:.___~~ ~~ T.}-!___ ___ Norfh Palm Beach, Florida 33408 Telephone: (561) 622-2700 MUST BE t=1LED tN DUPLt~CA~TE ab~rt \~lumma t"ert. Mail it?f17 Uf iU (k~U3 ~#~1t3 6F3I }'v t'}iE C:}Rr'tft"i" COl,1R~t~ t~(~R t'AL~~1 I~FAGFi COUNTY. f;LC~it1DA Pt2t)I3ATt~ FaiVISiC~N iN ~e: E5TA7"F c~~ ~~ ~t~ ~v~. ~±~z~>z~~~.~o~~~~~~:~thi.~ Ei;1R~AR.~'~~, i1~tU\~lhtA f}it~isicrri L}ec:~~s~:ci. C?13JF,C.:`I`It)~J `T~ CL,AIt~i ~9 'I"}some Sil4errnfin, E~:ct. Curt ~;iail~ 70U~ Ur itl t}t~U3 X218 Ubl ~° ti:-nr$d Ue~snti~, ~~~. Cent ~,~t~il: t0t) i? lt1 UU03 ~~218 G6~~ l'he ss~tdersigs~eci, i~a ~~,_1'~~it,r~t~n, beln~ persc)nSl re~re~r)ts )~;~~ ~~ftb~ ~bciv~ estate l~es•f~by ut3ject~ to the ctais~t «f' R}bc~s-t '~~. C~lcsms~ja, lI ar7cl a q '~ , Mumma l:l as at#ors~e r-rn-fa~ :" ,_ ~n '~~rrnisna til~:ct in this pr~ee4dirt~; t~as~ ~`c~,verrsb~r $. 2U10> oc~py of Statement a3f'Ciarrt is r~ttgc,hed. Tf~s; el4~irrrk~rst is limited. tc~ a period ~f` thirty {:~tJ~ cia~~s frc~sn the date c~F sen~ic~e of" thi~~ ~~bj~c~tiUrt withirs ti~hich to brim an actirsr~ can tl~e c:f~.irn, <ss prvvicied b~,, Fla.i"rc~E~.R. ~ ~~~~ aasd Se~~:tion ~~;.7(`)S of the l~Ic~rida Pre~h;~ce C:c~cl+e trn.less asp extes~~ion cif tf~e time is ~~~;rc~d to bit tl~~; pers~~nal represeritati~~e ire ~vritisl~; h~:#ore the time to file the ac:tic~rt expxes ur trrsl~ss tl~e tirrre is exteracied hr~~ r~rder c~f't}a~:~ cc~us-t, ~~; ~i~t.it/: C 1:~~'1Itt=1~"ll~J"l' t~AtI4S T(~ 13~1Ti~ SUCH AID ~{:.5`I`I~~ ~~~'[°~,~iLN ~rt;i~ T°I~~F STxti-~`~y:~, ~t~- ,~C'1~1(~~~1 C:)K I~R()t~~:t~~~I~ICi C)'~i T~-irT C-`~.,r'~.:Ih'i 1~~Y ~L ~3IZt~LsC.i~-t"T A~ATI~tST T~ ~'ERSt~N:~L R1~;f~RF.SFN"1.~T1VF, s~~ND r~r: CL~rM ~~ ~~~~-ll~:~t~~f`Tt::R l~C3R_lvriz ~iARR.~~ ~~r„r~-~~~~F~Y ANY i ~~~ cars ~' ~~, ert~ ~ ~...~ ~ ~ r d .~,~ ~ ,,~,.~~~1 ~r_ , ,.f71 U James CC. Fir s , Attorn~~~ Ft3r €~ 1 et~r +- 14-t~~.*s (3. ~'res~l~~ r. Artorney -'v3ail Aclcfres.s: Florida Bar Nc~. }SC?2~5 ~.. I''ressl , & ~~ressly F..~. ..._.. ?2? I.akevie~v A~~e Strife 9l iJ ~i~~'est Palm Beach. F'L 33~O1 {address] '1`el~;phc~ne: 561-b59-=10~t7 1F'rint t;rr T'~pe ~Na~n~s t~c~c}~r ,~~tl Si~n~ttsr~ Lams] far >=orm Na. P-3.1020 '~ Fiorida Lawyers Support Services, inc. ~TP~r;sea .Ianu~ry , ~ 2a~ a ,.._. l CERTCI"`Y that ~~n ,'dim er ..~ 1 , a cr~p}r ~f this t)b~c~tion ts~ C1~im ~;~a;s mailed by Lnited States regular rttai! and certified mast, return receipt reclue~tetl, pc?sta~e prepaid tel: Thcamas N. Sil~c;rnnan, Fey. {~f'!'hc~mas `~i. Sil~~errrran, P,.~., 38t}1 I'CiA I~3ouiev;trct, Suite ~C12, Palm Beach Gardens, FI. 3 ±~~ I Q; Gt~nrad J. DkeSar~tis, I'q. c:~f [3eSai~tis Ga~kill Srt~tith & Sl~~nkmar~, V.k~., t 1891 L"S Hi~,h~°ay Cane, tiuite I~4, '`:earth f'alYn Beach, FI., 33~t~8; and Rc~hert M. ~~tumrna I!, fig8tl S.1~r. Itarbnur ~' ~Ie, Stuart, l~I. 3 ~~16. - ~-- J me G. Pre~sly~ Jr. ~~ ~ ~srn for t~b~ector (Punt or ~ Narn~s Under At1 S~gr~ature Liraesj 3ar ~orrn Na. P-3 102~J ~~ ~l~~rida Lawyers Support Services, Inc. Fdev'sed Jan~srtry t, ~t~1Q N THE CI~tCUtT COURT FOR PALM BEACH CQUNTY, FLURIQA !N RE: ESTATE OF PROBATE DIVISION BARBARA I'~I. MUMIVIA, a/k!a BARBARA McK. 11~lUMMA Deceased . 1 FILE NO. 5(J2010CP003379k?CXXMB STATEMEh1T OE CLAIM DIVISION IB ~JUDC~E COOK The undersigned hereby Rresents far fling against the above estate this Statement c-f Glaim and respectfully alleges: 1. The basis for the claim is breach of fiduciary duty by the Decedent, BARBARA l'VI. tVllJMMA, al'k~a BA#~~ARA IUIcK. MUMP~I~-,, during the time shy was the Executrix of the Estate of ROBERT M. I'VIUI~IMA, administered in the Court of Cornmc~n pleas of Cumberland County,. i'ennsylvania, File No. 21-86~-Q39B, an~llor Trustee of any and all Trusts under the Last 11~'ill and Testament of R(3BERT M, MUMMA, deceased. 2. The name and address of the Claim-ant are ROBERT ill. MUI~AMA, Il, 6880 S.E. l-fart~our Circle, Stuart, Florida 3.4936, as Attorney-in,Fact under Limited Power of Attorney for SUSAhI MANN MU~fIAIIA {.see attached photc~capy of Limited Power of A#torney~, and the name and address of the claimant's attarne~y are set Earth helc~w. 3. The amount of the Claim is still being determined.. ~ ~ ~ ~ RECEIVES FOR FI ~~ f~l~ 4. The claim is not contingent or unliquidated. ~El~ 8 ~a1Q ~. The Claim is nc~t secured. S~i,~RQ~d F~. SOCK CLEA~C & C~C}M~'fROLLER Under penalties of perjury, I declare that I have read the fore~~~l~ttl~'t~J alleged are true, to the best Qf my knr~wledge and belief. EXECUTED this ~ day of~~~ #~~'~~';~-~~... % 2t~10. .. +~ ~ Attorney for Claimant M~,n~ laiman Thomas N. Silverman, Esq. Florida Bar No. 17fi665 Thomas N. Silverman, P.A. 3801 PGA Boulevard, Suite 902 Palm Beach Oardens, FL 33x41 Q Telephone: {561 } ?75-75010 Attorney for Claimant Conrad J. DeSantis, Esq. Florida Bar I~Jo. 126858 DeSantis Gaskill Smith & Shenkman, P.A. 11891 US High+~vay tine, Suite 10Q ~lorth Palm Beach, Florida 334Q$ Telephones {561 } 622-270(? ~'t;PY rr~xs31F3 to TMne Aftr_rn~y F.:~r ~:';~~: ~''f;i`51):1di ~~r,r~~~:itaci:~v an MUST BE EfLEQ IN DUPLICATE r~ .c~bert .'~~umn~a C'~rt Iv~i~il~ 7i)Q7 U710 gD03 ~21~ t~fi31. f ~ `l'I~'lP l: (ffG[1T L~~ R~C' C~~C~#~ _~,~.~~ ~EACf~i COt.;`NT"Y, Pl_.C~F~Lt~~1 PEtU~A'TE DIVISION Iti kE.: 15TA~I'F 4:1F I3ivisiara I~~ac~ased, t~'<3.f~~-" I'(1~N 'f'U ~'L-~=~f.~.~1 X10 'f'fZt~r~~a Sil~~errn~, E~c1. C~'e~rt ~ta~f~ 7(tU7 q i 10 gOQ3 42113 66~? Conrad ll~S~ut~ie, ~~~. (_'ert 1~ai]= iOnr i 1(} f}{)Q3 ~21.~ 5621 g'~ f~l~e i~ndersi~ne~i, L l~r~d~rt .~~1~r,~, b~in~ personal re re entat~~~~ c~ftl~lc ~E~c»~~ estate hereb}` r>bjects tea the claim c~f`Ri?b~.Ct ~,_~~umma„ 1.f tried in this pr~~ce.*~ciin~ ~:m ~c~~remb~r l3, ?01 Q, copy ~~E` ~t.~t~z~nen~t cif t'lai~n is <~t.t~i~:h~d. .f lie claitr~~r~t i~ limit~+~ ~c~ ~~ fzericad of thirl~ ~ ~c~) i~~;~~~ f'r~~m the bate of serr~icc cif' t}~~ o~jectlc~n 11~it1~li!! ~r=11lc11 tc~ brir~~ alj actl~7n c,r~ tl7e cl;~trrl, as prc~~ricfed by f~`1a.1'rc-b.ft. ~.~~~ ar~d :~~:etic~n ~3~.?~iS cif the i-'l~rida Prc~l~at~~ ~~~~ ~art1~4' ~~r'I< cxicnsian of the tir~~c i~ a~reecf tc~ }:,~,, t.he.l7ersunal representati~,~e i~~ writing E~e1~~irt~ I.f~~: tune tc~ file the acti{~t~ exptre~ iir unl~s5 the time is~ exte:nded ley order cat tl~~ C~~surt. ~:~ THE ~SL."~11~°ia~1N, rAI~.~ 'r~~ I~ftf~C, SGtC-"f-f r~tN AC`I'f+~~N ~°~~~`f i1N "f`~..~~ TrI~~F STr~'f'~f.~, NCB ~'#f::TICJ~3 tJR. ~'~~.~~'~:f~C)fNCi f)N THE C`[,:~.Il~f tv1~1Y ~f~ 13R()E,1CF~"f ~.GAiN~ST Tkf~ PE:EZSE~N~~L 1~E.1'f~ESE:'.ti'f";'~'f'f~'f~, ~~'~'T~ THE C'I_J~II`trf fS `f'Hl~ftEAFTEIZ F~1REwVFfd FiAR.ft_Cl7 ~lFl'T"f-f(_?(.1'f" .~'~NY S i ~.riccl can .t~v~~ ember .. m. .......~....., ZE} f Cl James C',. Pressl}~, tt rl~ey ~i~!' f_7bjec:lc.~r ;Isrm~s (~. Pre 1. f, Jr , :~~ttarney E-'~~l.~il ~c~~lr s~: Flf>ric~r~ f3i~r Vc~. 1 ~~~?~.5 ~tir:st Palm E3r~~~ch. Ff., 334t1i ~~ address) "f"c3ephc~ne: 561-C~5~-X10-fO [t'ri~tt or Tr~gc.'~tatnc'S t.lslit~r t~l1 Si~;n~ta~re Lined E3ar Farm No. P-3.102q f~ Florida lawyers Support Services, Inc. Itev~i~c! January t. 2Q10 {~"~#t`I'I~~' ihax tin. Na~.~~niaer ~O I0 , a copy cif this (~#~~ecton to Ctaim ~~>~~ c~t~ited by L.nited Stat+rs regu#ar mail and eertifred ail, return receipt- requested, pt~sia~e prepaid to: "t`harna.s N. `~ihrerman, ~sc~. c~fTttr-r~as h9. Sil~~~rman, P..A., 38a l PC~A Fioulevacd, Suite X02, Falco ~tiach C~arderas, PL. 334 I0; C`c~nrad !. DeSaniis, Esy. of DeSantis (i~skill Smith & Sh~;t;~ka>~an, P.A., 11891 C.iS F#i~;hcv¢iy~ C)ne, S~.iite~ 10d. `~1c~rth (~~.Im 3e~ih, I~ L 33408; anti R~-#~;rt rvl. M ma 1I, fi S.E. 1-3~~rbour Circley~tu.art, FT, 319{}ti. ~~ ~ //' J e G. Pressly, Jr. # Atfi rn for Qbjector #Print or Type Names Unsi~t At1 Signature Linea) Bet I"'orm No. P-3.1020 ~~ Florida Lawyers Support Services, Ir~c. Re+.~~sed .tar~uary 1.2010 N THE CtRCLJ~tT Ct~URT F'C~R PAL.I~A BEACH CC,"~UI~tTY, ~'Lt)RIDA !N RE: ESTATE CJF PRfJBRTE alViSIO~N B,4RBARA !U'!. MUMI~A, a/kla BARBARA McK. MUh~hl1~A Qeceased. _/ F!!~E NCB. 502a'fi {~CPt}43379X~JC~CMB STATEl~IEIVT t~F +GLAiM alv~Sl~ly lB ~JUac~E CC~U14) The undersigned hereby presents fQr Bing against the above estate this Statement of Claim and respectfully alleges; 1. T'he basis for the claim is breach of fiduciary duty by the decedent, 'SARB.~RA M. tv1E.1~l~/lA, a1k1a 3ARl3ARA ~,4eIC. l1AUlVi'~llA, during the tune sloe was the Executrix: of the Estate of ROBERT 1N. I~JIUMMA, administered in the Court of Gammon Pleas cif Cumberland County, Pennsylvania, File l~Jo. 21-86-639, and~or Trustee Qf any and all Trusts under the ~.ast 1Nill and Testarr~ent of ROBERT . Mt~l~~ll1'4/!A, deceased. 2. The name aid address of the Claimant are RC)BERT {~!. MUlV11t~A, It, f $Sa S.E.. Harbour Girder Stuark, Florida 3499fi, and the Warne an~i address of the claimant's attQrrtey are set Earth bel+aw. 3. The amount of the Claim is stiff! being determined. ~~~~,`~,~~/ ~~~ ~~ 4. The claim is not contingent or canliquidateci. ,~., `~~ ~~ ~t ~. The Claim is nc~t secured. Sk,~~ '~'~'~°~ Under penalties of perjury, l declare that l have read the foregoin~'-~~~'a~-~~' alleged are true, to the best cif my knowledge and belief. ~ ~~~t~~~~ r EXECUTED this ~`~' da of ~~~'' ~+r`'~~~'"t~ 201(). -- - y , t ~ , Attorney fvr Claimant laimant Thomas N. Silverman, Esq. Florida Bar No. 1760E 5 Thomas N. Silverman, P.A. 3801 PEA Boulevard, Suite 9t~2 Pa Beach Ga ns, FL 334 ~ 0 ephc~ne: S 1 7 75Q{3 Conrad J. eSantis, Esq. Florida Bar No. 126858 ©eSantis Gaskill Smith & Shenkman, P.A. 11891 US Highway Cane, Suite 100 North Palm Beach, Florida 33408 Telephane~ (5511 C~22-27(14 ~~ ,~~ y <. 4 r iJ rLuR}: Cf?" TI+F d::?i.'S1IT '-nra,~^ c .~f~;;~~ SMITH _~;~