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HomeMy WebLinkAbout04-08-11n.~ n r- ---- i~x3 -~ "~ ~'~ IN THE COURT OF COMMON PLEAS ~ ~° OF CUMBERLAND COUNTY, PENNSYLVANIA._=°° r,,ri ~ ~ IN RE ESTATE OF ROBERT M. MUMMA, Deceased. ,~ ~~~ ~ c-~~ O -n ~J C _. ,. _ ~ ~ ORPHANS' COURT DI~SIbN . ~~ N0.21-86-398 MOTION IN LIMINE OF LISA M. MORGAN TO EXCLUDE EVIDENCE AND TESTIMONY AS TO EVENTS AND ACTIONS PRIOR TO JANUARY 1, 2004 '7.'7 ~? ; ~-~ r 7"s C`7 _~ r -^ .__j .:.; -- -n =_`~= ~n Lisa M. Morgan, as trustee under the will of Robert M. Mumma ("Mr. Mumma, Sr."), respectfully moves as follows pursuant to Pa.R.E. 401 for an order excluding from the hearings scheduled in this matter for May 2 through May 6 any evidence or testimony relating to events occurring before January 1, 2004: 1. Robert M. Mumma, Sr. died on April 12, 1986. 2. Mrs. Morgan and her late mother, Barbara McK. Mumma, were named as executrices of and trustees of Marital and Residuary Trusts under Mr. Mumma, Sr.'s will. 3. Mrs. Mumma and Mrs. Morgan filed interim and final accounts of their actions as executrices of Mr. Mumma, Sr.'s, Estate from the date of Mr. Mumma, Sr., through the closing of the Estate on September 30, 2003. 4. Mrs. Mumma and Mrs. Morgan also filed interim accounts for the Marital and Residuary Trusts for all periods from their inception through and including December 31, 2003. 5. Robert M. Mumma, II, and Barbara M. Mumma filed objections to Mrs. Mumma and Mrs. Morgan's accounts for the Estate and the Trusts. 6. Beginning in April 2009, and continuing over a total of 33 days ending in June 2010, Auditor Joseph Buckley presided over hearings with respect to the objections filed by Mr. Mumma, II, and Babs Mumma. 7. In addition, Mr. Mumma, II filed a "Further Motion for Removal of Executrices and/or Trustees" on May 30, 2008. In that motion, Mr. Mumma, II, "incorporate[d] by reference ...the averments of two previously-filed petitions seeking removal of Mrs. Mumma and Mrs. Morgan. 8. By order dated July 2, 2008, Mr. Mumma, II's motion to remove Mrs. Mumma and Mrs. Morgan was referred to the Court-appointed Auditor. 9. The 2009 and 2010 hearings before Auditor Buckley expressly encompassed all of the allegations made by Mr. Mumma, II, in support of his motion to remove of Mrs. Mumma and Mrs. Morgan as executrices and trustees. Mr. Mumma, II presented extensive evidence and testimony relating to that motion. 10. As a consequence, Mr. Mumma, II, and Babs Mumma had a full opportunity to present evidence relating to events that occurred prior to December 31, 2003, during the course of the 2009 and 2010 hearings before Auditor Buckley. The record is closed in respect of such matters. 11. In September 2010, Mrs. Morgan filed accounts for the Trusts for the period from January 1, 2004, through and including that of Mrs. Mumma's death on July 17, 2010. 12. Mrs. Morgan also filed Petitions for Adjudication and Call for Audit or Confirmation for the Marital and Residuary Trusts. 13. On November 22, 2010, Mr. Mumma, II and Babs Mumma filed objections to the accounts. 14. By Order dated November 24, 2010, the Court referred all objections to Auditor Buckley. 15. Auditor Buckley has scheduled hearings on Mr. Mumma, II's and Babs Mumma's objections for the week of May 2 through May 6, 2011. 16. Actions taken by Mr. Mumma, II, purportedly in connection with the May 2011 hearings, suggest that he intends to attempt during those hearings to revisit various events from time periods prior to January 1, 2004. 17. For example, Mr. Mumma, II, has noticed the deposition of Marc Sonnenfeld, Esquire. Mr. Sonnenfeld is an attorney from Morgan, Lewis & Bockius, LLP. He has not performed any legal services for Mrs. Mumma, Mrs. Morgan, the Trusts, or any entities in which the Trusts hold and interest since prior to January 1, 2004. 18. Moreover, in his Witness and Exhibit List submitted for the May hearing before the Auditor, Mr. Mumma, II, has indicated his intent to try to produce evidence and testimony from Mr. Sonnenfeld and others who have had no involvement with this matter since January 1, 2004. Mr. Mumma, II has not provided, as required in Auditor Buckley's Notice of the May hearing, summaries "of the evidence to be introduced through [each] witness...." 19. Mrs. Morgan is concerned that, during both pre-hearing proceedings and the hearing itself, discovery and presentation of evidence and testimony, and cross-examination of witnesses, regarding events or time periods prior to 2004 will unnecessarily and improperly delay and prolong these proceedings. 20. In order to prevent the expense and burden to the Trusts, an order in limine excluding all evidence and testimony regarding such matters is appropriate. 21. Mr. Mumma, II, has not responded to the request for concurrence prior to this Motion being filed. It is assumed his concurrence is denied. 22. Ms. Linda M. Mumma has not responded to the request for concurrence prior to this Motion being filed. It is assumed her concurrence is denied. 23. Ms. Barbara M. Mumma does not concur with the relief requested in this motion. 24. Judge Oler has ruled on previous issues in this case. WHEREFORE, Mrs. Morgan requests that the Court enter an order excluding from the hearings before Auditor Buckley in May 2011 any evidence or testimony relating to events or actions prior to January 1, 2004. Respectfully submitted, By. j ~ -.~.~ No V. Otto, II, Esquire I.D. No. 27763 George B. Faller, Jr., Esquire I.D. No. 49813 Jennifer L. Spears, Esquire I.D. No.87445 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Brady L. Green, Esquire MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103-2921 (215) 963-5079 Dated: April ~, 2011 Attorneys for Lisa M. Morgan CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the Motion in Limine was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Robert M. Mumma, II 6880 S.E. Harbor Circle Stuart, FL 34996-1968 Robert M. Mumma, II 840 Market Street Suite 33333 Lemoyne, PA 17043 Ms. Barbara M. Mumma 541 Bridgeview Drive Lemoyne, PA 17043 Ms. Linda M. Mumma 512 Creekview Lane Mechanicsburg, PA 17055 Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 MARTSON LAW OFFICES '. By Tri i . Eckenroad Ten E st High Street Carlisle, PA 17013 Dated: April g 2011 (717) 243-3341