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Home My WebLink About03-17-14 F.�FILES\Clients\5844 Mumma Estate\5844.19 Accounts and Distribution Trusts\5844.192012 Accoun[s\5844.19.Motion in Limine re Pre-2010 and Post-2012 Events.3•17-14.doc F^J n �� Ivo V. Otto, III, Esquire �� -rT,� I.D. No. 27763 �-c�.._, � - � George B. Faller, Jr., Esquire r?� �'� � ;: , �. �� ; �,; � _:.�c::� LD. No. 49813 �c...��:: _ MARTSON LAW OFFICES �` ' �� c�:_ -� � �c- � --�, 10 East High Street �� ;==� ;-�=; �._� .. `:�C} Carlisle, PA 17013 D �.. _� (717) 243-3341 � '�^= Attorneys for Lisa Morgan, Co-Executrix and Co-Trustee Under the Will of Robert M. Mumma. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE ESTATE OF . ORPHANS' COURT DIVISION ROBERT M. MUMMA, . Deceased. . N0. 21-86-398 MOTION IN LIMINE OF LISA M. MORGAN TO EXCLUDE EVIDENCE AND TESTIMONY AS TO EVENTS AND ACTIONS PRIOR TO JULY 17, 2010 OR AFTER DECEMBER 31,2012 Lisa M. Morgan ("Lisa") respectfully moves as follows pursuant to Pennsylvania Rule of Evidence 401 for an order excluding from any hearings on objections to her accounts as trustee of two trusts covering the period from July 17, 2010, through December 31, 2012 any evidence ar testimony relating to events occurring before or after the account period: 1. Robert M. Mumma, Sr. died on April 12, 1986. 2. Lisa and her late mother, Barbara McK. Mumma,' were named as executrices of and trustees of a Marital Trust and a Residuary Trust under Mr. Mumma, Sr.'s will. ' Mrs. Mumma died on July 17, 2010. Prior Proceedings on Objections to Accounts 3. Mrs. Mumma and Lisa filed accounts of their actions as executrices and trustees for the following time periods: Estate of Mr. Mumma, Sr.: April 12, 1986— September 30, 2003Z Marital Trust: November 11, 1986—July 17, 2010 Residual Trust: November 24, 1986 —July 17, 2010 4. Robert M. Mumma, II ("Robert II") and Barbara M. Mumma (`Barbara") filed objections to the foregoing accounts. 5. Auditor Joseph Buckley, Esquire conducted 42 days of hearings between April 2009 and June 2011 with respect to those objections. The hearings also covered numerous allegations made by Robert II, including allegations made in serial motions seeking removal of Mrs. Mumma and Lisa as executrices and trustees. 6. In the course of the hearings, Auditor Buckley heard testimony from 27 witnesses — some of whom testified for days — during which hearings hundreds of exhibits were admitted. The testimony and exhibits related to events occurring as far back as the 1950s, or even earlier. 7. On August 5, 2013, Auditor Buckley submitted to the Court a 130-page Report with respect to the accounts for all periods through July 17, 2010 and the objections of Robert II and Barbara to those accounts. 8. In his Report, Auditor Buckley recited hundreds of findings of fact and dozens of conclusions of law, and recommended that all of the objections be overruled and that the accounts be accepted and approved.3 z Mr. Mumma, Sr.'s Estate was closed in 2003. As counsel to Mrs. Mumma and Lisa explained in the course of hearings, "The Estate is closed for federal tax purposes. It is closed in the sense that there are no more assets to administer. In that sense, it's closed. There has been no final adjudication settling the 3 executor's account. In that sense, it's still open." (O'Connor,N.T. June 22, 2011, at 1804, 1865-66). As Auditor Buckley noted, numerous factual allegations in the objections previously had been adjudicated to finality in various actions. Moreover, Robert Ii's grievances relating to the Estate, the 9. Robert II, Barbara and Lisa filed objections to Auditor Buckley's Report, as well as lengthy supporting briefs. 10. On November 12, 2013, the Court heard oral argument on those objections. A decision is pending. The Current Objections 11. In September 2013, Lisa filed accounts for the Trusts for the period from July 17, 2010 through and including December 31, 2012, along with Petitions for Adjudication and Call for Audit or Confirmation. Trusts,various family-controlled assets,and Mrs. Mumma and Lisa's actions with respect to them have been the subject of dozens of lawsuits. See, e.g., Robert M. Mumma, II v. Nine Ninery-Nine, Inc. et al., No 14 Equity 1990 (Pa. C.P. Cumberland) (dismissed), appeal dismissed(Pa. Super. July 24, 1997); Robert M. Mumma, II v. Nine Ninety-Nine, Inc. et al., No 15 Equity 1990 (Pa. C.P. Cumberland) (dismissed); Robert M. Mumma, II v. Barbara McK Mumma et al., No 84 Equity 1990 (Pa. C.P. Cumberland) (dismissed); Robert M. Mumma, II v. Mumma Realty Associates et al., No 5007 Equity 1991 (Pa. C.P. Dauphin)(dismissed);Robert M. Mumma, II v. Mumma Realty Associates et al., No 91- 12 Equity(Pa. C.P. Perry) (dismissed);Robert M. Mumma, II v. D-E Distribution Corp. et al., No 666 Equity, November Term 1993 (Pa. C.P. Philadelphia), appeal discontinued (Pa. Super. Mar., 1995); RobertM Mumma,llv. G-A-TDistribution Corp., No 423 Civil 1994 (C.P. Cumberland)(dismissed), motion to re-open denied(Aug.9,2012);RobertM. Mumma, II v. Bobali Corp. etal.,No 2245 February Term 1998(Pa.C.P. Philadelphia)(discontinued);Robert M Mumma, II v. CRH, Inc. et al.,No 99-1546 (Pa. C.P. Cumberland); Robert M. Mumma, 11 v. Mumma Realry I et al., No 3932 S 1999 (Pa. C.P. Dauphin) (stricken); Robert M Mumma, II v. Mumma Realty I et al., No 99-811/99-10 LIS PEN (Pa. C.P. Perry) (stricken); Robert M. Mumma, II v. Mumma Realry 1 et al., No 99-5569 (Pa. C.P. Cumberland)(dismissed);Robert M.Mumma,II v.Bobali Corp. et al.,No 5683 Equity of 2000(Pa.C.P. Dauphin); Robert M. Mumma, II v. Bobali Corp., No 16 EQ 2004 (Pa. C.P. Dauphin); Robert M. Mumma,II v. Commonwealth ofPennsylvania et al.,No 477 M.D.2004(Pa.Cmwlth.)(dismissed),aff'd (Pa. Nov. 23, 2005); Robert M. Mumma, II et al. v. Estate of Robert M. Mumma et al., No 2004-6183 (Pa. C.P. Cumberland) (dismissed), aff'd(Pa. Super. Oct. 31, 2008), motion to re-open denied(C.P. Cumberland Jan. 20, 2011), aff'd(Pa. Super. Dec. 20, 2011), allocator denied(Pa. Aug. 27, 2012); Robert M. Mumma, II v. Boswell, Tintner, Piccola & Wickersham et al., No 2004 CV 1779 (Pa. C.P. Dauphin)(dismissed),affld(Pa. Super.Oct. 14,2009),allocatur denied(Pa.Aug.24,2011);Robert M. Mumma, II v. Bobali Corp. et al., Civil No 1:08-cv-1965 (M.D. Pa.)(dismissed), affd 3d Cir. May 27, 2010);Robert M. Mumma, II v. High-Spec, Inc. et al., Civil No 1:09-CV-1447 (M.D. Pa.)(dismissed), aff'd(3d Cir.Nov. 5,2010);Robert M.Mumma,ll v Lisa M.Morgan et al.,No 2010-cv-16273 (Pa.C.P. Dauphin) (dismissed); Robert M. Mumma, II v. Lisa M. Morgan et al., No 10-7924 (Pa. C.P. Cumberland) (dismissed);Robert M. Mumma, II v. Lisa M. Morgan et al., No 2011-cv-1452 (Pa. C.P. Dauphin) (dismissed); Robert M. Mumma, II v. Lisa M. Morgan et al., No 2011-00021 (Pa. C.P. Lebanon) (dismissed); Robert M. Mumma, II v. Lisa M. Morgan et al., No CV WS-2011-24 (Pa. C.P. Perry) (dismissed); Robert M. Mumma, II v Lisa M. Morgan et al., Civil No l:l l-cv-802 (M.D. Pa.) (dismissed); Robert M. Mumma, 11 v. Estate of Robert M. Mumma et al., No. 2013-CV-4288-QT(Pa. C.P. Dauphin)(withdrawn);Robert M Mumma, II v. Jeffrey G. Brooks et al.,No. 2013-7096 (Pa. C.P. Cumberland) (withdrawn). 12. In October 2013, Robert II filed objections to the accounts. 13. By Order dated November 7, 2013, the Court referred Robert II's objections to Auditor Anthony J. DeLuca, Esquire. 15. Auditor DeLuca has indicated an intention to conduct a hearing on Robert IPs objections for March or April. 16. The scope of testimony and evidence at the hearing before Auditor DeLuca should be limited, as a matter of relevance, to activities which occurred during the period covered by the accounts which are the subject of Robert II's objections — i.e., July 17, 2010 through December 31, 2012. 17. Experience from the hearings before Auditor Buckley suggests that Robert II may attempt to introduce at any hearing before Auditor DeLuca testimony and evidence regarding events that occurred years or even decades prior to the accounting period. 18. The Court recognized the inappropriateness of such a de facto supplementation of the record as to matters already before the Court in denying an attempt by Robert II to include in the record developed before Auditor Buckley what he characterized as "recently discovered insurance documents." 19. Limiting the evidence and testimony before Auditor DeLuca to that relating to the audit period will prevent unnecessary expense to the parties, avoid duplication with the prior proceedings, limit the possibility that the same issues will be revisited in multiple decisions, and minimize the potential for confusion of Auditor DeLuca through the introduction of extraneous issues. WHEREFORE, Lisa respectfully requests that the Court enter an order excluding from the hearings before Auditor DeLuca any evidence or testimony relating to events or actions that occurred prior to July 17, 2010, or after December 31, 2012. MARTSON LAW OFFICES B \ Y Ivo V. Otto, III, Esquire I.D. No. 27763 George B. Faller, Jr., Esquire I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Lisa Morgan, Co-Executrix and Co-Trustee Under the Will of Robert M. Mumma. CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing 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: Richard F. Rinaldo, Esquire Williams Coulson Johnson Lloyd Parker & Tedesco, LLC One Gateway Center, 16`h Floor Pittsburgh, PA 15222 Ms. Linda M. Mumma P.O. Box 30436 Bethesda, MD 20824 Anthony L. DeLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 Mr. Robert M. Mumma II Box F Grantham, PA 17027 MARTSON LAW OFFICES Y Tricia . Eckenro d en East High St et Carlisle, PA 17013 (717) 243-3341 Date: March 17, 2014 F,�FILES\Clients\5844 Mumma Estate\5844.19 Accounts and Distribution Tn�sts\5844.19.cos.wpd