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HomeMy WebLinkAbout03-30-89 (2) ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-86-398 ESTATE OF ROBERT M. MUMMA, Deceased ORDER AND NOW, this day of , 1989, upon consideration of the annexed petition and pursuant to Pennsylvania Rule of Civil Procedure 4019, it is hereby ORDERED that Barbara McK. Mumma and Lisa M. Morgan within 10 days of the date hereof deliver to Pepper, Hamilton & Scheetz, 3000 Two Logan Square, Philadelphia, Pennsylvania, counsel for Petitioner Robert M. Mumma, II, all documents and things listed in Petitioner's Notices of Deposition dated March 8, 1989. By the Court: J. II r....j "J ,'0.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-86-398 ESTATE OF ROBERT M. MUMMA, Deceased Petition of Robert M. Mumma, II to Compel Production of Documents Robert M. Mumma, II ("Petitioner"), individually and as parent and natural guardian of Robert M. Mumma, III and Susan Mann Mumma, by his attorneys, Pepper Hamilton & Scheetz and Fowler, Addams, Shughart & Rundle, files the following Petition to Compel Production of Documents pursuant to Pennsylvania Rule of Civil Procedure 4019: 1. Robert M. Mumma (the "Decedent") died on April 12, 1986, a resident of Cumberland County, Pennsylvania. 2. Letters Testamentary were granted by the Register of Wills of Cumberland County to Barbara McK. Mumma ("Mrs. Mumma") and Lisa M. Morgan ("Mrs. Morgan") on June 5, 1986. 3. The Decedent's Will, dated May 19, 1982, and First Codicil thereto, dated October 12, 1984, leaves the bulk of his estate to a Marital Trust and a Residuary Trust under which the income is to be paid to Mrs. Mumma for life and at her death principal is payable to the Decedent's children with substitution of issue in the case of a deceased Lf - child. The will gives Mrs. Mumma the right to withdraw the greater of $5,000 or 5% of the principal of the Marital Trust per year on a non-cumulative basis. Mrs. Mumma and Mrs. Morgan are named executors and trustees with Dauphin Deposit Bank and Trust Company successor in the event that none of the individually named fiduciaries is able to serve as fiduciary. 4. The executors and trustees are attempting to sell business interests held by the Estate and the Trusts and in which business interests they also have a personal interest. 5. On January 25, 1989, Petitioner filed with this Court his Petition for Removal of Executors and Trustees requesting the Court to remove Mrs. Mumma and Mrs. Morgan as Executors and Trustees and appoint Dauphin Deposit Bank and Trust Company in their place, or in the alternative, disqualify Mrs. Mumma and Mrs. Morgan from participating in any decision regarding the sale of any business assets and appointing Dauphin Deposit Bank and Trust Company to render all such decisions. 6. Petitioner has reason to believe that in the administration of the estate, Mrs. Mumma and Mrs. Morgan undervalued certain estate assets and disproportionately allocated assets between the Marital and Residuary Trusts in -2- ~I , such a manner as to funnel certain business and business related property to Mrs. Mumma individually by virtue of the withdrawal power. The effect of such undervaluation and disproportionate allocation of assets is to diminish the economic value of the interests of the remainder beneficiaries of the trusts. 7. On March 8, 1989, Petitioner's counsel served on counsel for the executors and trustees Notices of Depositions of Mrs. Mumma, Mrs. Morgan and such person(s) as they may designate with knowledge of the estate's financial affairs (see Exhibit A attached hereto) . The Notices included requests for production of documents relating to the administration and distribution of the estate, including appraisals, tax returns and documents containing other information relevant to the valuation, allocation and distribution of assets of the estate. 8. On March 13, 1989, counsel for Petitioner contacted counsel for the executors and trustees to offer that the executors and trustees need only produce a significantly abbreviated list of specific documents prior to the first deposition, scheduled for March 22, 1989, with the balance of the material to be submitted thereafter. Counsel for Petitioner then forwarded by letter dated March 14, 1989 a "short list" to counsel for the executors and -3- , (l5'1 trustees asking for the federal estate tax return, all appraisals, a list of distributions from the estate and trusts to the beneficiaries and a list of payments to Mrs. Morgan, including fees and commissions (see Exhibit B attached hereto) . 9. Counsel for Respondents did not respond to the March 14 letter. Petitioner then advised counsel for Respondents that it would be necessary to continue the depositions of the executors and trustees (which had been rescheduled to March 29) and the hearing set for April 3. Respondents refused to agree to a continuance and Petitioner therefore asked for all documents to be produced prior to the depositions. (see Exhibit C attached hereto). 10. On March 23, counsel for the executors and trustees responded to the request for production (see Exhibit D attached thereto) . In their response, they refused to provide any tax returns or appraisals of estate property, alleging that the information contained therein was "private and confidential." Their response also failed to include any documents or information to determine the amounts of and valuations used for the distributions and allocations of the estate and the trusts. 11. On March 28, 1989, counsel for Petitioner advised counsel for Respondents that unless the requested -4- r~ ~ 0 documents were produced, counsel for Petitioner would file this Petition to Compel on March 31, 1989. Counsel for Respondents failed to comply with the request. 12. There is no basis in law for the refusal of the executors and trustees to produce the documents requested. 13. The unwarranted refusal of the executors and trustees to produce the required documents severely prejudices Petitioner's ability to conduct the depositions, to prepare for the hearing and to provide the Court with relevant evidence pertaining to the issues before it. Further, the refusal unduly delays the resolution of the Petition for Removal of Executors and Trustees. WHEREFORE, Petitioner respectfully requests the Court to order Barbara McK. Mumma and Lisa M. Morgan to deliver within 10 days to Counsel for Petitioner all -5- .j ~/ ~.I..:i 1;:) documents and things listed in Petitioner's Notices of Deposition dated March 8, 1989. Respectfully submitted, James R. Ledwith Jon A. Baughman Anthony Vale PEPPER, HAMILTON & SCHEETZ 3000 Two Logan Square 18th and Arch Streets Philadelphia, PA 19103 (215) 981-4000 John B. Fowler, III FOWLER, ADDAMS, SHUGHART & RUNDLE 28 South pitt Street Carlisle, PA 17013 In "l~-:301 {~ ~l "'Attorneys for obert M. Mumma, II , '[7 . ~.J VERIFICATION I, James R. Ledwith, depose and say that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief and I understand that the statements herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. (6- / /---' ~~ /. _,::/k.C C_ James R. Ledwith :;'-8 CERTIFICATE OF SERVICE I, James R. Ledwith, certify that a copy of the attached Petition to Compel Production of Documents of Robert M. Mumma, II was served by hand delivery on March 30, 1989 upon the following: Thomas M. Kittredge, Esquire Morgan, Lewis & Bockius 2000 One Logan Square Philadelphia, PA 19103 and by express mail upon the following: Richard W. Stevenson, Esquire McNees, Wallace & Durick 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 Linda M. Roth 5104 Wessling Lane Bethesda, MD 20814 Attorney General Commonwealth of Pennsylvania Strawberry Square Harrisburg, PA 17120 William F. Martson, Esq. Martson, Deardorff, Williams & otto 10 East high Street Carlisle, PA 17013 Robert M. Frey, Esq. 5 South Hanover Street Carlisle. PA 17103 (61 R. Ledwith "~'f COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-86-398 ESTATE OF ROBERT M. MUMMA, DECEASED To: Morgan, Lewis & Bockius 2000 One Logan Square Philadelphia, PA 19103 Attn: Thomas M. Kittredge Notice of Deposition Please take notice that pursuant to Pa. R. Civ. P. 4007.1, petitioner, Robert M. Mumma, II, will take the deposition of the following individuals at the time and on the date indicated with respect to his Petition for Removal of Executors and Trustees and his Petition to Compel Accountings filed in the above matter. The depositions will take place at the offices of Fowler, Addams, Shughart & Rundle, 28 South Pitt Street, Carlisle, Pennsylvania 17013, or at such other location as the parties may agree, before an officer duly authorized to administer oaths. Deponents are required to produce all documents described on the attached Appendix B that are within its ( / possession, custody and control: Lisa M. Morgan March 22, 1989 9:30 am Barbara McK. Mumma (at PH&S Harrisburg) March 27, 1989 9:30 am John B. Fowler, III FOWLER, ADDAMS, SHUGHART & RUNDLE 28 South Pitt Street Carlisle, PA 17013 (717) 249-8300 Dated: March 8, 1989 James R. Ledwith Jon A. Baughman Anthony Vale PEPPER, HAMILTON , SCHEETZ 3000 Two Logan Square 18th and A~ Streets Philadelph' , PA (' 19 03 (215) 981tO 0 II ! I~~ Attor eys for Robert II By: ;: / Ln~ . "'" APPENDIX A Definitions and Instructions 1. "Decedent" means Robert M. Mumma, deceased. 2. "Estate" means the Estate of Robert M. Mumma, deceased. 3. "Trusts" means the Marital Trust and the Residuary Trust under the Will of Robert M. Mumma, deceased. 4. "Document" is used in the broadest possible sense and means, without limitations, all materials within the meaning of Pa.R.Civ.P. 4009, including all drafts and all non~id.ntical copies in your possession, custody or control. 5. The Requests, unless otherwise specified, apply to documents written during the period beginning from April 12, 1986 to the present. 6. This Request is continuing so as to require supplemental responses if you, or any person acting on your behalf, obtains additional information called for by this Request between the time of the original response and the time set for trial. 7. If you object to furnishing any document requested on the grounds of attorney-client privilege, work product rule, or otherwise: a. identify the specific grounds on which your objection is based; and b. identify the document objected to by stating its date, its author and a general description as to the nature, rather than substance. of the purportedly objectionable information. , I / '.L -, I..?v 8. Non-objectionable matter which is relevant and material to the request must be produced. Any portion of the information for which an objection is asserted may be withheld provided that the above-requested identification is furnished. 44~ APPENDIX B Documents and Things Requested 1. All documents, including, but not limited to, work papers, financial statements, memoranda and correspondence, that relate to the receipt of principal by the Estate and/or Trusts, including, but not limited to, all corporate stock and other business interests, real estate, cash, notes, mortgages, bonds, debts, tangible personal property and any other property or asset now held or ever held as principal of the Estate and/or Trusts. 2. All documents, including, but not limited to, work papers, financial statements, memoranda, correspondence and appraisals that relate to the valuation set by the executors and trustees of all property referred to in Paragraph 1 as of the time of receipt, the present time, or any other time (inclUding, but not limited to, the time of any distribution of principal to, or withdrawal of principal by, a beneficiary) . 3. All documents, including, but not limited to, work papers, financial statements, memoranda, correspondence, timesheets, bills and invoices that relate to any past or anticipated disbursement made from the principal or income of the Estate and/or Trusts, including, but not limited to, executor's and trustees' fees and commissions, counsel fees (including but not limited to the counsel fees of Lisa M. Morgan and Morgan, Lewis & Bockius) and all other administrative costs of the Estate and/or Trusts. I I '"' ~ ~~. 4. All documents, including, but not limited to, work papers, financial statements, memoranda and correspondence that relate to the receipt of any income by the Estate and/or Trusts. 5. All documents, including, but not limited to, work papers, financial statements, memoranda and correspondence that relate to the sale or conversion of any asset held as part of the income or principal of the Estate and/or Trusts. 6. All documents that relate to any tax liability of the Estate and/or Trusts (whether chargeable to income or principal), including, but not limited to, federal, state and local income, estate, inheritance, real estate and personal property taxes, and assessments and governmental fees. Such documents shall include, but not be limited to (1) all materials filed with respect to such taxes, including, but not limited to, tax returns, amended tax returns, requests for extensions and audit materials, and all attachments and schedules filed therewith and (2) all correspondence, work papers, financial statements, appraisals and memoranda related to the above. 7. All documents, including, but not limited to, work papers, financial statements, memoranda and correspondence that relate to any distribution to a beneficiary of any principal and/or income of the Estate and/or Trusts (whether by virtue of a power of invasion, power of withdrawal or otherwise) including, but not limited to the amount and character of the assets subject to each distribution or withdrawal, the justification for such }\/ r' '~~~~ distribution or withdrawal and the valuations used to calculate the amount of such distribution or withdrawal. S. All documents, including, but not limited to, work papers, financial statements, memoranda and correspondence that relate to the nature, value and character of any interest of the executors of the Estate and trustees of the Trusts (in their individual capacities) in any business or other asset in which the Estate and/or Trust holds an interest. 9. All documents, including, but not limited to, work papers, financial statements, memoranda and correspondence that relate to the Estate's and/or Trusts' involvement in the operation of Lebanon Rock, Inc. or to the operation of any quarry owned by it. 10. All documents, including, but not limited to, work papers, financial statements, memoranda and correspondence that relate to the liquidation of Kim Company and the disposition of shares of Union Quarries, Inc. 11. All documents, including, but not limited to work papers, financial statements, memoranda and correspondence that relate to the management and operation of any interests in real estate held by the Estate and/or Trusts, including, but not limited to, any fees paid for such management. U ~'a COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-86-398 ESTATE OF ROBERT M. MUMMA, DECEASED To: Morgan, Lewis & Bockius 2000 One Logan Square Philadelphia, PA 19103 Attn: Thomas M. Kittredge Notice of Deposition Please take notice that pursuant to Pa. R. Civ. P. 4007.1(e), on March 28, 1989 at 1:00 P.M., petitioner, Robert M. Mumma, II, will take the depositions of the Estate of Robert M. Mumma, Deceased, the Marital Trust under the will of Robert M. Mumma, Deceased and the Residuary Trust under the Will of Robert M. Mumma, Deceased. Said depositions are with respect to Petitioner's Petition for Removal of Executors and Trustees and Petition to Compel Accountings. The Estate and Trusts shall designate such person or persons to testify on its behalf with respect to the matters to be inquired into described on the attached Appendix B. Such person or persons are required to produce all documents described on the attached Appendix C that are within the possession, custody and control of the Estate and/or Trusts. The depositions will take place at the offices of Fowler, Addams, Shughart & Rundle, 28 South Pitt Street, :11'.) ~~ i Carlisle, PA 17013, or at such other location as the parties may agree, before an officer duly authorized to administer oaths. John B. Fowler, III FOWLER, ADDAMS, SHUGHART & RUNDLE 28 South Pitt Street Carlisle, PA 17013 (717) 249-8300 Dated: March 8, 1989 James R. Ledwith Jon A. Baughman Anthony Vale PEPPER, HAMILTON & SCHEETZ 3000 Two Logan Square 18th and Arch Streets Philadelphian PA 19103 (215) "'-~OOf ' , ~ By, /~ LL J, Attorneys for Robert ~_umma, II 4",;g APPENDIX A Definitions and Instructions 1. "Decedent" means Robert M. Mumma, deceased. 2. "Estate" means the Estate of Robert M. Mumma, deceased. 3. "Trusts" means the Marital Trust and the Residuary Trust under the Will of Robert M. Mumma, deceased. 4. "Document" is used in the broadest possible sense and means, without limitations, all materials within the meaning of Pa.R.Civ.p. 4009, including all drafts and all non-identical copies in your possession, custody or control. 5. The Requests, unless otherwise specified, apply to documents written during the period beginning from April 12, 1986 to the present. 6. This Request is continuing so as to require supplemental responses if you, or any person acting on your behalf, obtains additional information called for by this Request between the time of the original response and the time set for trial. 7. If you object to furnishing any document requested on the grounds of attorney-client privilege, work product rule, or otherwise: a. identify the specific grounds on which your objection is based; and b. identify the document objected to by stating its date, its author and a general description as to the nature, rather than substance, of the purportedly objectionable information. I,o,q (L I 8. Non-objectionable matter which is relevant and material to the request must be produced. Any portion of the information for which an objection is asserted may be withheld provided that the above-requested identification is furnished. y~ APPENDIX B Matters to be Inquired Into at the Deposition 1. The receipt of principal by the Estate and/or Trusts, including, but not limited to, all corporate stock and other business interests, real estate, cash, notes, mortgages, bonds, debts, tangible personal property and any other property or asset now held or ever held as principal of the Estate and/or Trusts. 2. The valuation set by the executors and trustees of all property referred to in paragraph 1 as of the time of receipt, the present time, or any other time (including but not limited to the time of any distribution of principal to, or withdrawal of principal by, a beneficiary). 3. Any past or anticipated disbursement made from the principal or income of the Estate and/or Trusts, including but not limited to, executor's and trustees' fees and commissions, counsel fees (including, but not limited to, the counsel fees of Lisa M. Morgan and Morgan, Lewis & Bockius) and all other administrative costs of the Estate and/or Trusts. 4. The receipt of any income by the Estate and/or Trusts. 5. The sale or conversion of any asset held as part of the income or principal of the Estate and/or Trusts. 6. Any tax liability of the Estate and/or Trusts (whether chargeable to income or principal), including, but not limited to, federal, state or local income, estate, inheritance, real estate and personal property taxes, and assessments and governmental fees. 4i 7. Any distribution to a beneficiary of any principal and/or income o! the Estate and/or Trusts (whether by virtue of a power of invasion, power of withdrawal Or otherwise) including but not limited to the amount and character of the assets subject to each distribution or withdrawal, the justification for such distribution or withdrawal and the valuations used to calculate the amount of such distribution or withdrawal. 8. The nature, value and character of any interest of the executors of the Estate and trustees of the Trusts (in their individual capacities) in any business or other asset in which the Estate and/or Trust holds an interest. 9. The Estate's and/or Trusts' involvement in the operation of Lebanon Rock, Inc. or the operation of any quarry owned by it. 10. The liquidation of Kim Company and the disposition of shares of Union Quarries, Inc. 11. The management and operation of all real estate interests held by the Estate and/or Trusts, including, but not limited to, any fees paid for such management. J ~7~ APPENDIX C Documents and Things Requested 1. All documents, including, but not limited to, work papers, financial statements, memoranda and correspondence, that relate to the receipt of principal by the Estate and/or Trusts, including, but not limited to, all corporate stock and other business interests, real estate, cash, notes, mortgages, bonds, debts, tangible personal property and any other property or asset now held or ever held as principal of the Estate and/or Trusts. 2. All documents, including, but not limited to, work papers, financial statements, memoranda, correspondence and appraisals that relate to the valuation set by the executors and trustees of all property referred to in Paragraph 1 as of the time of receipt, the present time, or any other time (including, but not limited to, the time of any distribution of principal to, or withdrawal of principal by, a beneficiary) . 3. All documents, including, but not limited to, work papers, financial statements, memoranda, correspondence, timesheets, bills and invoices that relate to any past or anticipated disbursement made from the principal or income of the Estate and/or Trusts, including, but not limited to, executor's and trustees' fees and commissi9ns, counsel fees (including but not limited to the counsel fees of Lisa M. Morgan and Morgan, Lewis & Bockius) and all other administrative costs of the Estate and/or Trusts. L/7? ,"-) 4. All documents, including, but not limited to, work papers, financial statements, memoranda and correspondence that relate to the receipt of any income by the Estate and/or Trusts. 5. All documents, including, but not limited to, work papers, financial statements, memoranda and correspondence that relate to the sale or conversion of any asset held as part of the income or principal of the Estate and/or Trusts. 6. All documents that relate to any tax liability of the Estate and/or Trusts (whether chargeable to income or principal), including, but not limited to, federal, state and local income, estate, inheritance, real estate and personal property taxes, and assessments and governmental fees. Such documents shall include, but not be limited to (1) all materials filed with respect to such taxes, including, but not limited to, tax returns, amended tax returns, requests for extensions and audit materials, and all attachments and schedules filed therewith and (2) all correspondence, work papers, financial statements, appraisals and memoranda related to the above. 7. All documents, including, but not limited to, work papers, financial statements, memoranda and correspondence that relate to any distribution to a beneficiary of any principal and/or income of the Estate and/or Trusts (whether by virtue of a power of invasion, power of withdrawal or otherwise) including, but not limited to the amount and character of the assets subject to each distribution or withdrawal, the justification for such L1 7 i/ ! " distribution or withdrawal and the valuations used to calculate the amount of such distribution or withdrawal. 8, All documents, including, but not limited to, work papers, financial statements, memoranda and correspondence that relate to the nature, value and character of any interest of the executors of the Estate and trustees of the Trusts (in their individual capacities) in any business or other asset in which the Estate and/or Trust holds an interest. 9. All documents, including, but not limited to, work papers, financial statements, memoranda and correspondence that relate to the Estate's and/or Trusts' involvement in the operation of Lebanon Rock, Inc. or to its operation of any quarry owned by it. 10. All documents, including, but not limited to, work papers, financial statements, memoranda and correspondence that relate to the liquidation of Kim Company and the disposition of shares of Union Quarries, Inc. 11. All documents, including, but not limited to work papers, financial statements, memoranda and correspondence that relate to the management and operation of any interests in real estate held by the Estate and/or Trusts, including, but not limited to, any fees paid for such management. 47~ 03/27/89 1~'34 ~2l5\l ~75.J ;) PH l -> ?HI~,' ......"- . .' PEPPER. HAMlL10N ~ SCHUTZ A..-JdII,\1'LAW ......111.'.11. O.C. .......w... .......,.."..... 0.,.110". .iCMI_ .... 'We ..aAlI '.UA., 'I~'I_ & AIlCM .,.Ift. .MI"-'O'~~'A. ....III'1~"..III.. 'OIN.".. ,,-,I..coo ....: .'....,~.....,.., "......" ~.. A"'C~U. C,UI'O..".. "_11. .......I'I~y...l.. Wl~.'II.'O., ....."'.... "11110... 111_..' _CA" ..._ ....... (US) C40-'J811 March 14, un T.M. lU,ttr.dg. Morqan, Levi. , lOeklu. 2000 On. Logan Square .bl1ad.lphia, 'A 1'103 ReI _Itate of Ro~Z't M. M\IlIIIU. I!.c....d O.ar Ti.: 'er our conversation this morning, w. ar. villi~q to discus. a .short listll of the ite.. 1~ the doo~ot requ..t I sent you la.t week witb re.pect to the ,.tition to RellOve to be produc:ect .t or betor. Mra. Mor9an'. d.pol1t10~ on MarCh 22. Thi. lilt would lnclul!. the followln9: 1. The r.der.l ..t.t. Tax return with attachments. 2. All .pprailal' of e.tat. and tru.t pro~rty. 3. A lilt of th. diltribution. to e.ch ttuat frca the eDtat., and the principal dl.trl~utiona to t~.. HUmll\a fr~ the ..tet. and/or truat., including the ....t. diatributed, lAd the be.i. ot the v.lue. u.ad. 4. A l,be of the papenU to Mr.. Mor9an frOM the e.tate and/or truet., including fe.., and connJ...ion.. Of cour.e, .e expect t~ receive all of the ite.. requ.sted in the Rotic.. of Depo.1tion which I forwarded to you la.t we.k. Rowever... would b. .111109 to pel'll\it you to U,' ') " . J3/27/d9 14 35 ~2l5 "8[ 4750 J rh j. ; r-'r1 i:"'..;. ":l..o"-'_ . . "' . PEPPER. HAMILroN I: SCHUTZ M~. Tboat. M. Kittredqe Mucb 14, un. produce the it... other than tho.. lilted above att.~ M~.. Morq.n'. depo.itloft. SiZ':relY, lkdrt; . Weinberg ce. J.... a. L4dwltb Jon A. Bauqblun Anthony Vale IUW/h. Lj. ",' \. 03/:2-,' - 39 ,4 ~6 -~~.3 \[ Q7S'J 'J t'!1 .:... r!"'!, ~..:. ~- PEPPER. HAMlLlON & SCHEETZ A'tI'OUlIYl AT LAW wAaMIIrlIQ,O... D.C. ~..""""\I".. .'NNI'W..N'" OCT",T. ."1;....... _ .... ~..... .......C CI...nCNT" . ..." .Y.IITI .~'l.AOC~"I"'" .CN",nV..NI" ,IOOJ-U" .,....'_00 ..,.",,,', 0..11:' Illu....elt ....: 11....1-.'.0. t'WJI: '104'0--07'7 .0. ""I,.n. CA~I'O.NI"- U,...,.,,,, .'''N.YL.....N'.. WI",MIHQTON. DIWlW..,.C 1..0NOON,INOL.AfllO (215) 981-4502 March 22, 1989 &lID D.LI".. Thomas M. Kittredge, Esquire Horgan, tewis , Ioekiu. 2000 One Logan Square ,hiladelphia, 'A 19103 ~I Nine Nin.tv-Niner Inc. Dear Tim: I understand trom ~obin's discussion with Joe O'Connor that the Estate is unwilling to agre. to a continuance of the h.aring set tel' April 3 on the Removal action. we had thought that a continuance was in order since your cliente are 1n rlorida until March 28, and since you have not provided us with the documents we r:equested. ,erhaps you should re-coneider your pOsition. It you are unwilling to chang. your position, we require that ~y 4 p.m. tomorrow there be a tull and complete production ot ~ocUl\lents in re.pon.e to the Notice. of Depo.ition .erved on Mareh 8, 1989. It the ciocUlll.nt. are produced, we .hall want to qo tor~ard with the depositions ot Mrs. Mumma and Li.a on March 29 at our office in Harri.burq. Sine. the tebanon Rock trial may begin on March 21 and continuo at 1 p.m. on March 29, and since w. want to d.pos. Mrs. Mumma on Lebanon Rock topics on March 29, a. well a. on topics related to the April 3 h.aring, w. sugg.st that w. begin Mrs. Mumma's deposition at 8 a.m. on March 29 and continue until noon. We suggest chl.t Lisa's deposition begin at 5 p.m., deu the L.banon Rock trial is concluded tor the day. J! r 'J i.,.. '. . ",.-I ~v(.)~ PI.PPER. HAMILTON a:SCHEm . . Thoma. M. Kltt~ed9., Isquire "ge a Much 22, lilt I .. copying Mr. xae.man on this letter .0 that he remains intormed. I had previously indicated to him that we would not n.ed to ~o forward with the Cumberland County deposition. on March 29, .. I thou9ht a continuance would b. .gr..able to your clLents. . AVldl ec: I\onald M. btD", Esquire David ~. Landr.y, Isquire Jo.eph A. O'connor, Jr., .squir. Jon A. 8auqhm&n, Esquire , ' /1 ,; "2)\) a~/27c8~ :43~ C2i5 ~l 4753 ') PH I S Ph,LA 4: ,)02 , , . .. ~:~ ..Ioe.".. "',O.CO....Oll,..I... 014'" e.."T ~.~ I) ..a-"11 MOIltOAN, ~&Wla " BOCKlua C:OllN..~Olle Itt L_ 1000 0... 1.00.... Iou..". ~"''''''.'I.~'''''.~IIl''.''I.VA''''", ,.,.. TlIoU.....' 1.'1) ..,..... fI.._"'" till) ..~..... ,.....:.,...... W".MtN4I"ON Haw ...... 5.... 0'.00 ~a""" ,."'loA....~"I. 1.0. ""...,. M.... H."....au". March 2 3, 1189 VUlt) DBUvD Anthony Vale, laquire Pepper, Ha.ilton . Scheets 3000 Two Logan square E1qhteenth . Arch street. Ph1la4elphia, PA 1'103-2799 ReI K.~at.. of Roha~ IInlll'lllA Dear Tony: T1:n 1(1ttra4qe bout ot the country until Monday afternoon. I a. undertaJc1nq to re.pond to your March 22, 1919 letter to hi:lI. F1rst, early la.t week your colleaque, Bob We1nl:lerq, proposed to rim a ..hort li.t- of tho.e ite.. trom your Docu.ent Request which your ottice would aqree we could produce pr10r to Hrs. Morqan'. cl.epo.1t1on 1n lieu ot the larqe amount ot material described in your aeque.t. For your ready reterence I nave enolo.ed a copy ot Bob'. letter to Tim, dated March 14, 1989, wbich .et. torth bi. -short li.t.. Here are ~ response. to your ..hort li.t. request, tollowinq the n~er. .et torth in lob'. letter: 1. We think Mr. MWIIIIa'. Exeoutor. are bound by an overrldlnq duty ot lOIalty to the ..tate'. benetloiar1e. which prOhibit. the. trom d Iclosinq the private and contidential intormation contained 1n the F.deral ..tate tax return or any apprai..ll ot ..tat. and tru.t ....t. whiCh torm p.rt ot the return. Theretor. we mu.t d.c11n. to qive you the item. d..cr1bed at number. 1 and 2 on Io~'. list. 2. W1th r.sp.ct to it.. number 3 on the list, the Marltal and R.siduary Trusts have both received ca.h distribution. at $2,500. Th. e.tate bee di.tri~uted to the Marital Tru.t all its share. ot Nine Ninety H1ne, union Quani.. and HUIlIlelstown. In aclcSition, Bender Quarry wa. also distributed to the Mar1tal Trust. Th. Fulton Sank 8Qild1nq wa. I/~ ~ 03/27/b9 l-I ' 33 'It:< 1: It -1750 0 PH " S PrllLA ~ '- , , , . , , .. !\IIe"GAN. L.CWIS & BeCKIUS Anthony Va18, I.quire March 33, 191t p&q& 2 4ia~rlbu~e4 to the Marital Truat whare it v.. converted trom principal ~o income and than paieS to M1'e. M\maa to .ati.ty the e.tate's obllqation to pay her .tatutory int.re.t on the untlUlded portion ot the Muitd T~t. 'rbi. v.. n.c....ry in order to .top the .state'. intsrest obliq&tion to ths Marital Truat troll bul1dinq up, and b.caus. the estate had no ca.h with which to .atl.ty it. int.re.t obliqation. 3. W. 40 not think that d1atributLon. troll the Marital Trust to Mr.. xu... in .ati.tact10n ot her ah.olute riqht to w1thdrav " ot the principal of that trust each year ar. r.levant in any way to the Executor.' or Trust..a' a<<miniltration of the e.tate or the truet.. Mr.. Mumma exerciled her withdrawal riqht in 11.7 and in 11.. and aqr..d in both years to reiabur.e the tru.t should it be d.termined that th. a.ount withdrawn wa. too hi9h. I lave .nclo.ed the ton of receipt liqned by Mrs. Muaa with r..pect: to the ex.rcise ot her w1thdraval riqht which .eta torth her prolli.e to r.pay the trust in the ca.e ot an exce.. withdrawal. 4. Lastly, with respect to ite. 4 on Bob'. li.t, Mr.. Nor9an has received no payments troll the e.tate or truat.. Mrs. Norqan ~ce. expect in due cour.e to claill an !xecu~or'. commi..ion which, of cour.e, will be aubject to the Court'. approval on the eatate'. tinal accountin9. Plea.. qive me a call it you have any queleions on the above. ('\ I Sincerely, , ~:-... ...'... 1_. Jo..ph A. O'Connor, 3r. Den :enclo.ure. L )$3 .),)/27/09 14 3;:) '6'::::'15 - l 475'0 l-) r;1;. :-M L _,.:.. ~. . . . . .. . , U'1'A!l'll OJ' _0.1:.'1' II. MI-l. Dllen.ZD Ut:!ItIIl'l' &liD UtptfDIIIG _.....mrr ~'l'It 'I!API!e'l' 'l'O "'lC~J. Ift'l'IItlUW - TIll! TRUST tft(QP &Il'l'ItltJII VII o. 1'IIII,1ftU 0.. JIORRH II. IIIJII..~ '-Ula 'fruat.-' t, lal'beZ'e McX. MUaa, heZ'UIy acknowled,e receipt tZ'OlD lal'bara Mell:. M\lmBe and Lba MwIrila MOl'ian, Tru.tee. of the Trust, ot the pl'opel'ty de.cribed below, havin, a value ot $ . di.tributed to .e upon the exerci.e ot ay limited power to withdraw prinoipal of .a1d TrU.t. tt it .hould ~e deteJ:'ained that any ,ol't10n of .uch di.tribution rapZ'e.ant. an ovel'd1.tribution, % etrea, intend1n9 to be levelly bound hel'eby, on behalt of .y.elf end my ..tate, that the a~ount of any .ueh ovel'payaent (with int.re.t thereon at the le,al l'ete tOl' eny par10d fOllow!n, my death) will be pro.ptly refunded to the Tru.t. Barbel'a MeK. Mumma Cate ) 1(', '/ ~I 'i -~ i \1) f t'lZ 0 (1 H "'J toOtl:jW~ '" [Jl 0 ., ~ Z ::r' 1-'- 0 rI" t'l 0 '" >-3' '" 0 1-'-l.Q 0 \"1" '" '" t'l ;,. :0 >-3 0 ::il ......::r' 0 0 "'0 >-3 >-3 tv S; \:J :0 )> III rt 11 trj tJ H t'l.... t'l :II ~ OdD :? ::l ., 0 >-3 I [Jl ~ r III ID ro ro.. 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