Loading...
HomeMy WebLinkAbout11-06-91 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-86-398 ESTATE OF ROBERT M. MUMMA, DECEASED RULE TO SHOW CAUSE AND NOW, this day of , 1991, upon consideration of the annexed Motion to Stay Proceedings with Respect to Objections to Accounts, it is hereby ordered that Robert M. Mumma, II, individually and Robert M. Mumma, II and Gary M. Gilbert, as Guardians of the estates of Susan Mann Mumma and Marguerite Mann Mumma, show cause in this Court at Courtroom No. , Cumberland County Courthouse, Carlisle, Pennsylvania, on , 1991 at o'clock .m. why all further actions or proceedings with respect to their Objections to the Interim Accounts of Barbara McK. Mumma and Lisa M. Morgan, as Executors of and Trustees under the Will of Robert M. Mumma, Deceased, should not be stayed until the further Order of this Court. J. 1255 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 , 1991, Barbara McK. Mumma and Lisa M. Morgan, Executors of and Trustees under the will of Robert M. Mumma, Deceased, having filed a Motion To Stay Proceedings with Respect to the Objections of Robert M. Mumma, II, individually and Robert M. Mumma, II and Gary M. Gilbert, as Guardians of the estates of Susan Mann Mumma and Marguerite Mann Mumma to their Interim Accounts as Executors of and as Trustees under the Marital and Residuary Trusts under Robert M. Mumma's Will, it is hereby Ordered that all further actions or proceedings with respect to such Objections be and the same hereby are stayed until the further Order of this Court. J. 1256 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-86-398 ESTATE OF ROBERT M. MUMMA, DECEASED Motion To Stay Proceedings with Respect to Obiections to Accounts Barbara McK. Mumma and Lisa M. Morgan, Executors of and Trustees under the will of Robert M. Mumma, deceased, ("petitioners") by and through their undersigned counsel, hereby Petition this Court for a Stay of any action or further proceedings with respect to the Objections to the interim Accounts of said Executors and Trustees filed by Robert M. Mumma, II, individually, and by Robert M. Mumma, II and Gary M. Gilbert, as guardians of the estates of two of Robert M. Mumma, II's three minor children, until the determination of certain matters as set forth below, and in support thereof aver as follows: 1. Robert M. Mumma ("Mr. Mumma") died April 12, 1986 leaving a last will and testament dated May 19, 1982, and a codicil thereto dated October 12, 1984. Said Will and codicil were admitted to probate by the Register of wills of Cumberland County on June 5, 1986, and pursuant to the terms thereof, his wife, Barbara McK. Mumma ("Mrs. Mumma") and one of his three daughters, Lisa M. Morgan ("Mrs. Morgan"), were appointed Executors thereof and Trustees of the trusts created thereunder. 1257 2. Under the terms of Mr. Mumma's Will, Marital and Residuary trusts were established for Mrs. Mumma for her life with remainders on her death to his issue, per stirpes, who are Mr. Mumma's four children, one of whom is his son, Robert M. Mumma, II ("Bobby"). 3. Petitioners have administered Mr. Mumma's estate (the "estate") from the date of their appointment as Executors to the present, and have partially funded and as Trustees have administered the trusts created under Mr. Mumma's will. 4. On January 12, 1987 Bobby filed with this Court a Disclaimer (the "Disclaimer") by which he renounced his entire interest in the trusts under Mr. Mumma's Will, thereby substituting Bobby's children and unborn descendants in place of Bobby as presumptive remaindermen of one-fourth of the trusts under Mr. Mumma's will. 5. On December 29, 1988 this Court appointed Robert M. Frey, Esq. (Mr. Frey), as Guardian ad litem for "the minor persons interested in the estate" with authorization to represent said minors in all matters relating to the sale of certain estate assets "and in any further or other proceedings in the Court of Common Pleas of Cumberland County or the Court of Common Pleas of Dauphin County, pennsylvania relating to or arising out of such matters." 6. On June 2, 1989 -- two and one-half years after filing his Disclaimer Bobby asked this Court for permission to revoke it. - 2 - 1.258 7. Petitioners took no position as to whether Bobby should be allowed to revoke his Disclaimer. However, in their Answer to Bobby's Petition to Revoke, Mrs. Morgan and Mrs. Mumma stated that they believed Bobby's children and unborn descendants should have the opportunity to be heard with respect to the Petition because a revocation would deprive Bobby's children and descendants of property to which they at present appeared to be entitled. Accordingly, Mrs. Mumma and Mrs. Morgan advised the Court that they would furnish a copy of Bobby's Petition to Mr. Frey in his capacity as Guardian ad litem for Bobby's children and unborn descendants. 8. Mr. Frey, as Guardian ad litem for Bobby's children and unborn descendants, opposed Bobby's request for permission to revoke his Disclaimer. 9. By Order dated November 17, 1989 this Court granted Bobby's Petition to revoke. Mr. Frey filed Exceptions. This Court has yet to rule on his Exceptions. It is expected that regardless of how this Court rules with respect to Mr. Frey's Exceptions, the matter will be appealed to the Superior Court. 10. If this Court or the Superior Court sustains Mr. Frey's Exceptions, Bobby will not have any interest in the trusts under his father's will and will not have had standing in his individual capacity to file Objections to Petitioners' accounts as Executors and Trustees. 11. At about October 2, 1991 Bobby filed a Petition with the Court of Common Pleas of York County, Orphans' Court - 3 - 1259 Division seeking his appointment and the appointment of Gary M. Gilbert as guardians of the estates of his two minor daughters, Susan Mann Mumma and Marguerite Mann Mumma. (Bobby did not ask for his appointment as guardian of the estate of his eldest child, his son, who is also a minor, presumably because the boy's mother, from whom Bobby is divorced, would not consent to his appointment.) Bobby states in his Petition that if this Court's decision upholding the revocation of his Disclaimer is overruled his daughters would have a direct interest in the trusts under Mr. Mumma's will. Bobby alleges that his appointment as guardian of the estates of his daughters "is necessary in order to protect their respective interests in the estate of Robert M. Mumma, Deceased, as well as the trusts created thereunder." Bobby also states that he and Gary M. Gilbert "do not have any individual interest that is adverse to the financial interests" of his daughters. 12. Since December 1988, Bobby has been litigating with the estate in this Court and in the Courts of Dauphin County. He has, among other things, claimed under oath that he has a right- of-first refusal with respect to the sale of closely held businesses which comprise the bulk of the estate assets. Further, Bobby owns and operates businesses which are in direct competition with businesses owned by the estate and in the litigation has sought information concerning estate enterprises which the Executors believe would enhance his businesses' competitive advantage over businesses owned by the estate. Bobby - 4 - 1260 did not disclose these conflicts of interest to the York County Court. That Court appointed Bobby and Gary M. Gilbert as guardians of the estate of Bobby's two minor daughters on October 4, 1991. 13. On August 9, 1991 Petitioners filed Interim Accounts of their acts and transactions as Executors of Mr. Mumma's will and as Trustees of the Marital and Residuary Trusts under his will covering the periods from April 12, 1986 to March 31, 1991 with respect to the Estate, the period from November 19, 1986 to March 31, 1991 with respect to the Marital Trust and from November 4, 1986 to March 31, 1991 for the Residuary Trust. 14. On October 4, 1991 Bobby in his individual capacity and Bobby and Gary M. Gilbert, as Guardians of the estates of Bobby's two minor daughters filed Objections to Petitioners' Accounts. Bobby's Objections are set forth in three documents: (a) Objections to the Estate Account consisting of 14 pages of line-by-line inquiries and protests with regard to numerous account entries; (b) Objections to the Marital Trust Account consisting of 7 pages of line-by-line questions and protests regarding numerous Account entries; and (c) A "statement of General Objections" to all three Accounts (the Estate, the Marital and the Residuary Trusts) consisting of 12 pages of allegations and charges of mismanagement (most of which Bobby has previously made in other - 5 - 1261 litigation he has brought against the estate) challenging the Executors' and Trustees' overall administration. 15. No other person interested in the Accounts (all of whom were served with audit notices) -- neither Mr. Mumma's other two daughters, Barbara McClure and Linda Roth, nor Mr. Frey, as Guardian ad litem -- has filed Objections to the Accounts. 16. On October 11, 1991, in connection with his previously filed objections, Bobby filed a 13 page Petition for Production of Documents asking the Executors to supply him with virtually every piece of paper generated during their administration of the estate. A Rule to Show Cause with respect to his Petition is returnable on December 18, 1991. 17. Bobby's Objections and his Petition for Production of Documents are extraordinarily overbroad and burdensome; Petitioners think that his Objections are completely without merit and that they are designed primarily to interfere and harass them in the administration of the estate and trusts. 18. Hearings on Bobby's Objections and his Petition for Production of Documents will be complicated, long and expensive. If Bobby is held not to have had standing to file Objections, the time and resources of the Estate and of this Court will have been wasted. 19. Petitioners believe that the estate should not be compelled to incur the expense of answering Bobby's Objections and responding to his request for documents until Bobby's standing to file Objections, either individually or in his - 6 - ~Z6Z capacity as guardian of the Estates of his two daughters, is determined. WHEREFORE, Petitioners respectfully request that this Court enter an Order directed to Robert M. Mumma, II, individually and to Robert M. Mumma, II and Gary M. Gilbert, as Guardians of the Estates of Susan Mann Mumma and Marguerite Mann Mumma staying any further action or other proceedings with respect to their Objections to the interim Accounts of Barbara McK. Mumma and Lisa M. Morgan, as Executors of the will of Robert M. Mumma, deceased and as Trustees of the Marital and Residuary Trusts under said will until such time as the Court has determined the matter of the standing of Robert M. Mumma, II to object to the aforesaid Accounts. o .I/L,",.l RGA , LEWIS & BOCK~S L 000 One Logan Square Philadelphia, PA 19103 (215) 963-5212 william F. Martson MARTSON, DEARDORFF, WILLIAMS & OTTO 10 East High Street carlisle, PA 17013 (717) 243-3341 Attorneys for Barbara McK. Mumma and Lisa M. Mumma as Executors and Trustees under the will of Robert M. Mumma, Deceased - 7 - 1.263 VERIFICATION I, Barbara McK. Mumma, depose and say that the facts set forth in the foregoing Motion to stay Proceedings with Respect to Objections to Accounts 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. sec. 4904 relating to unsworn falsification to authorities. ~~~~~ Barbara McK. Mumma ~264 () 11''\'''' "." no![ ~\, Hl!ll:} II. I' . v....';.-.< COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-86-398 ESTATE OF ROBERT M. MUMMA, DECEASED Motion To Stay Proceedings With Respect to Objections to Accounts William F. Martson MARTSON, DEARDORFF, WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243 - 3341 Joseph A. O'Connor, Jr. MORGAN, LEWIS & BOCKIUS 2000 ONE LOGAN SQUARE PHILADELPHIA. PA. 19103 "" (215) 963 - 5212 IN RE: Estate of Robert M. Mumma late of Cumberland County, Pennsylvania In The Court of Common Pleas of Cumberland County, Pennsylvania No. 21-86-398 Citation Orphans' Court Division Rule to Show Cause - Order - Petition COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SERVE: Barbara McK. Mumma and Lisa M. Morgan Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, says that on October 18, 1991, at 12:02 P.M., E.D.S.T., he served a true copy of the within Citation Orphans' Court Division Rule to Show Cause Order - Petition, in the above entitled action, upon one of the within named defendants, to wit: Barbara McK. Mumma, by making known unto Barbara McK. Mumma, at 845 Keihl Drive, Lemoyne, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, says that on October 18, 1991 at 12:07 o'clock P.M., E.D.S.T., he served a true copy of the within Citation Orphans' Court Division Rule to Show Cause - Order - Petition, in the above entitled action upon one of the within named defendants, to wit: Lisa M. Morgan, by making known unto Kelly Herrick, adult in charge at time of service, at 804 Michigan Avenue, Lemoyne, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. Sheriff's Costs: Docketing Service Surcharge 18.00 17.60 4.00 39.60 Pd. by Atty. 10-28-91 So Answers: .-:' r~~;;J;~:~~":~.:- ~:~~"~'<:.' --.;.:' .. ~:.." ::.:;::<::,~-{; R. Thomas Kline, Sheriff BY rE~~~ / . / Deputy S1i.eriff Sworn and Subscribed to Before Me This G:,~ Day of 17 6[}"~ 1991, A.D.. ,) - i Ch<Jt^'"' Ih~20 C;::)~;t.l'" I:~'~:T'- !" ..,..... .... C" ~ :::::0 '-'{'l -, , 14-.1.!c:',.l;ii"} :? '_ ,':, "n ~~;::;, is!; I 0- :xo c,G 1.254