HomeMy WebLinkAbout10-06-05 (2) ; . � ���-. � ._
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IN RE: ESTATE OF ROBERT M. : IN THE COURT OF COMMON PLEAS OF
MUMMA, deceased : CUMBERLAND COiTNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
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: NO: 21-86-398 -, _�y ��: ,,�
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AUDITOR'S INTERIM REPORT, OCTOBER 2005 ', ��' � '
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To the Honorable J. Wesley Oler, Jr.: � .� � � ��
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Your Honor has charged me with managing the discovery related to the objections in the
proceedings pertaining to this estate and these trusts. Your Honor issued an Order regarding
discovery dated May 19, 2005. A copy of the May 19�'Order is attached hereto as Exhibit 1. The
party's acted in response to the discovery Order has follows:
On June 13, 2005 Mr. Mumma filed a 67 page document seeking discovery. This was
apparently a compilation of many prior requests as well as a fresh request. This was not in common
form.
On July 13,2005 counsel for the Executrices/Trustees filed a written 9 page response to Mr.
Mumma's discovery filing. The response had an attached 2 page schedule that purported to list the
discovery that had been provided to Robert M. Mumma II in other litigation. Objections to Mr.
Mumma's discovery were expressed in general terms rather in response to specific requests.
Furthermore,the schedule of past discovery from other litigation did not give sufficient information
about the past discovery for me to determine whether the discovery met the requests of Mr.Muxnma.
This response also listed [on page 3] numerous documents that would be made available to Mr.
Mumma.
By letter dated July 28, 2005, counsel for the Executrices/Trustees gave notice that the
documents that were being made available for discovery were collected at the Philadelphia office of
Morgan, Lewis & Bockius LLP. Instructions were provided as to how the documents could be
inspected and how copies could be requested. The contents of these materials were not described
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with specificity so I cannot determine the extent to which the items available for inspection and
copying meet the requests of Mr. Mumma.
In late August Mr. Mumma sent me a three page Brief In Support Of The Requested
Discovery. Like the obj ections that had been expressed in general terms,Mr.Mumma expressed his
entitlement to discovery in general terms.
Unfortunately,the filings by all parties to this point make it impossible to determine what has
and what has not been provided, what is or is not objected to, or what is or is not existing. This
means that further work is needed in this discovery process.
Though Mr. Mumma's filing may have been in uncommon form, it could be broken down
into its parts and each part responded to with the requested discovery or an objection that was
specific to the request. I have provided counsel with my own breakdown of Mr. Mumma's
discovery request into particular and specific requests. My example is attached hereto as Exhibit 2.
I ask that the Court enter another Order for discovery in the form that is attached hereto so
that this discovery process may proceed to conclusion in an orderly fashion.
Respectfully submitted
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Tay P. An rews, Esq., Auditor
78�. Pomfret St.,
Carlisle, PA 17013
717 243-0123
Supreme Court ID#: 15641
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'�` � ' RECEIVED MAY y g ppa �
IN RE: ESTATE OF ROBERT M. : 1N THE COURT OF COMMON PLEAS OF
MUMMA, deceased : CUMBERLAND COLTNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO: 21-86-398
ORDER
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AND NOW, this � day of May 2005, upon recommendation of the Auditor in
this case,it is hereby ordered as follows with regard to discovery pertaining to the objections
that have been filed to the accounts filed at the docket:
Any pariy expressing one or more objections to one or more of the accounts shall
serve his or her discovery requests upon counsel for the estate and related trusts no later than
June 13, 2005. Past discovery requests that have not been answered shall be served again.
Copies of all discovery requests shall be sent to the Auditor and docketed of record with the
Clerk of the Orphans' Court.
The Estate and related trusts shall file a response to the requested discovery no later
than July 13,2005,and any discovery that is not subject to an objection shall be provided by
July 28,2005. All objections to the discovery shall be copied to the Auditor and docketed of
record with the Clerk of the Orphans' Court,and shall be supported with a brief setting forth
the legal authorities supporting the objections to the discovery. Any response that the
requested discovery has been previously provided shall specifically state the time, manner
and context of the previous delivery.
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EXHIBIT �., :
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A party seeking discovery that is resisted by the estate or trusts shall file a brief with
legal authorities in support of the requested discovery by August 27, 2005. This brief shall
be served upon the Auditor as well as all other parties.
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Taylor P. Andrews, Esq., Auditor
78 W. Pomfret St.
Carlisle, PA 17013
Ivo Otto, Esq.
10 East High St.
Carlisle, PA 17013
Joseph A. O'Connor, Jr., Esq. and
Brady L. Green, Esq.
Morgan, Lewis & Bockius, LLP
1701 Market St.
Philadelphia, PA 19103-2921
Ralph A. Jacobs, Esq.
215 S. Broad St., lOth Floor
Philadelphia, PA 19107
Robert M. Mumma II
Box 58
Bowmansdale, PA 17008
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IN RE: ESTATE OF ROBERT M. : IN THE COURT OF COMMON PLEAS OF
MUMMA, deceased : CUMBERLAND COLTNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO: 21-86-398
AUDITOR'S REQUEST FOR DISCOVERY ORDER '��? �,?
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Auditor, Taylor P. Andrews, Esq.,respectfully represents: ';; w
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1. Petitioner was appointed auditor in the above estate proceedings b��f'he I-it�n J �
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Wesley Oler, Jr. on January 6, 2005. ` � r���'
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2. On April 4, 2005, after a conference with all Parties or their counsel, the Hon. J.
Wesley Oler, Jr. ordered as follows with regard to discovery:
... [TJhe auditor, within 45 days of today's date, hold a pre-hearing
conference among the interested parties for purpose of recommending an
order with respect to any further discovery in the case and with respect to any
issue presented by the responses of the executrices/trustees to the discovery
requests.
3. Taylor P. Andrews, Esq., Auditor, conducted a pre-hearing conference with
all parties or their counsel on Friday, May 13, 2005.
4. As a result of the discussions at the pre-hearing conference Taylor P.
Andrews,Esq.,Auditor,requests that the Court enter an order regarding discovery as
is proposed by this filing.
5. It is noted that Robert M. Muinma II expressed objections to discovery
occurring after the appointment of the Auditor and he expressed the contention that
he should have discovery before he is limited in the expression of all of his
objections.
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WHEREFORE, Taylor P. Andrews, Esq., Auditor, respectfully requests that the
Court enter the attached order in regards to discovery.
Respect 11
Taylo . Andrews, Esq., Auditor
78 W. Pomfret St.,
Carlisle, PA 17013
717 243-0123
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Breakdown of Robert M. Mumma's discovery request filled June 13, 2005:
67 page filing
Composed of compilation of at least 10 prior requests or filings
Face sheet provided with instructions that seemingly applied to all appended requests and filings
though some of them had their own instructions. Face sheet expressed instructions for
Interrogatories and Requests for production of documents.
Summarv of each of included documents or requests:
1 Request to review all books and records of the Estate
Looks like a new document expressing this request
2 Motion to Compel Inspection of All Books and Records
Filed April 22,2005
redundant to#1 above
3 Letter from Robert M. Mumma II to Ivo V. Otto, Esq. dated April 4, 2005
Another request for broad access to all records
Here the following is referenced: books, records, memoranda, legal opinions,
legal research, files, and all other documents or items relating to the Estate, - - -
the trusts, and any entities owned or controlled by the Estate or trusts.
Another sentence makes clear that access to absolutely everything in the
Estate and trusts was sought. ,
4 Request for production of documents [single page dated Feb. 9, 20�5 under
signature of Daryi E. Christopher, Esq.
Seeks all billing statements and/or invoices of Haile, Shaw& Paffensberger, P.A.
f/k/a/Haile, Flemming, Shaw, P.A. regarding the firm's representation of the Estate,
their representation of the Executrices, or either of the 2 trusts. To include detailed bills
from 1986 to 2004 for work done by attorneys, paralegals, secretaries, and experts
retained by the firm. .
5 6 pages with 6 requests for production. In same form as#4 above, but witho�t any
dates or names of original author.
1 Same as#4 above but relating to billings from Attorney Jordan Fields
2 Same as#4 above but relating to billings from the law firm of Crary, Buchanan,
Bowdish, Bovie, Beres, Elder&Thomas, Chartered, and its predicessor firms.
3 Same as#4 above but relating to billings from Goldberg, Katzman, P.C.
and its predicessor firms.
4 Same as#4 above but relating to billings from the law firm of Boswell, Tinter, Piccola
&Alford, and its predicessor firms.
5 Same as#4 above but relating to billings from the law firm of Saul Ewing, LLP
and its predicessor firms.
6 Single page with 3 requests for production seeking the same information as in #4 and#5
above except as it relates to the following 3 law firms:
Morgan, Lewis & Bockius LLP
Stadley, Ronon, Stevens &Young LLP
Martson, Deardorff, Williams & Otto
EXHIBIT
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7 �€5 pages with 1 interrogatory on each page. tnterragataries are sumtnarized as follows:
1 identify and va(ue ali companies owned since 1986
2 identify the directors and officers o#each company
3 seeks detailed compensation information for each director and officer. Ta be set
forth by each year since 1986
4 Amoun#s paid to Barbara Mck Mumma and Lisa Mumma Morgan as trusfee far each year
5 question about sharehalders agreement between RMM and RMM il regarding Highspec, Inc.
6 seeks authority for transfer of shares of High-Spec, Inc. from estate to residuary trust
7 seeks inventory [with values]of estate assets that have not been placed in one of the trusfs.
8 saeks list pf all estate rea(estate tha#was sald at a tax sale,judicial sale, sher'sffs sale or
other forced sale, or was repassessed by creditor.
9 Seeks information as#o ownership by Executrices or trustees in certain banks and or
other companies.
10 Sesks listing by each year since it was founded af ali assests af Mumma Realty I
11 Sarrre as#10 but far Mumma Realfy 11
12 Same as#10, but for Mumma Reaity Associates
13 seeks autharit}r by which assets were distributed to Barbara McK. Mumma directly and nat
by way of a trust.
'14 seeks#of shares of HummeEstown Quarries, lnc., Nine Ninety-Nine, Inc. and Union
Quarries, Inc. received by Estate as a result of liquidation of Pennsylvania Suppiy Ca
�5 Same as#14 but ta be expressed in peresntage of ownership.
16 Explanation sought as to estate's ownership of Paxton �treet Yards with inquiry as_ta _ __
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legal description of rea!estate and tax basis.
8 13 page Petition under signature of attorneys Char{es E. Shields, Ifl, Esq. and VV'iliiam C.
Castopotos, Esq.seeking access to certain documents for exarrtination and possibl�
copying.
The items sought were as faElow:
1 All legal opinions and/or advice letters or memos by Morgan, Lewis & Bockius ar
ather-attorneys or accoutants or ther advisors or experts rendered to or made
available ta#he exeutrices or trustees in connecfion with fhe esfate ar the trusts. This
was to include nates made by or far the exec#rices or trustees pertaining to legal
opinions or advice. This was to include all such docurrtents that are within the autharity
of the executirces and/or trustees to obtain.
2 All apinion andlar advice letters, memos, notes, and the like regarding valuation of
assets of the estate or the trusts rendered by any attorneys or accountants ar other
advisors or expsrts,
3 All opinion and/or advice letters, mernas, notes, and the (ike regarding the prudence
or advisability of any sale or any transfer of any assets af the estate or trusts rendered
by any attorneys or accauntants or any other advisors ar experts.
4 A!f opinion and/or advice letters, mernas, notes and the like regarding the funding of#he
trusts under fhe wi(1 of fZoberf M. Mumma, and the advisa6ility of he withdrawal of any
assets or any speci#ic assets from the trusts rendered by any attorneys or accountants
or ather advisars or experts
5 All opinion and/or advice letters, mernos, notes and the like regarding the legitimacy
of any charges andlor fees made to the estate or#rusts by the executrices and trustees
or either of them for services rendered in their fiduciary capacities or as officers, directars
or employees af any corpora#ion,tenancies in common, partnerships,joint ventures, or
any ather form of association or entity whre they have an interest in the same by virtue
af their haldings in the sstate ar trus#.
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6 All billings, fees, expense statements and the like rendered ta the estate or the trusts
attorneys, accauntants andlor any ofher experts ar advisors and also itemized billings
and time sheets to show the legitimacy of the billings, fees, expense statements and
the like.
7 Copies of afl fire and/or casualfy insurance policies that relate to personal property that
was at any time part of the es#ate or trusts or which still are.
8 Access to aii origniai stock certificates hefd by or issued to the execufrices/trustees
and st4ck books or ledgers of all the family corporations.
9 Petifion [1 �1/2 pages]for dacuments showing present or prior awnership af shares in
the fallowing entities: L2b�t10l1 RBCk, Inc., High Spec, tnc., Pennsytvania SupplY
Cors�pany, Bobali Corporation, Kim and Kin and Kim Company.
The onEy Inforrr�ation sought in the petition was the documents reCied crporr in filing th� '
Estate Tax return.
10 6 page Petition to Compel Production of Documents signed by James R. Ledwith, Esq.
of Pepper Hamilton &Sheetz and Jahn B. Fow{er ill, Esq.. Seem€ngly was filed ir� 1989.
Th�following informatian is sought(in summary}:
Appendix B contains 11 numbered requests for a broad list of documents relating to the
_ assets in the estate and relating to cotansel fees and other administration casts,
Appendix C -sirnilar to Appendix B
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1N RE: ESTATE OF ROBERT M. : 1N THE COURT OF COMMON PLEAS OF
MUMMA, deceased : CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO: 21-86-398
CERTIFICATE OF SERVICE
I hereby certify that on this date, October � , 2005, I mailed a copy of AUDITOR'S
INTERIM REPORT, OCTOBER 2005 to the following persons at the following addresses by U.S.
Mail,postage prepaid:
Ivo Otto, Esq.
10 East High St.
Carlisle, PA 17013
Joseph A. O'Connor, Jr., Esq. and
Brady L. Green, Esq.
Morgan, Lewis & Bockius, LLP
1701 Market St.
Philadelphia, PA 19103-2921
Ralph A. Jacobs, Esq.
215 S. Broad St., 10`"Floor
Philadelphia, PA 19107
Robert M. Mumma II
Box 58
Bowmansdale, PA 17008
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Tayl P. Andrews, Esq., Auditor
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