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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE ESTATE OF
ROBERT M. MUMMA,
ORPHAN'S COURT DIVISION
Deceased.
No.: 21-86-398
OBJECTOR'S DISCOVERY REQUESTS IN THE FORM OF
INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS
TO THE EXECUTRIXES I TRUSTEES
Objector, Robert M. Mumma, II, requests that Executrixes produce the following
documents within thirty (30) days pursuant to Pa. R.C.P. 4009.1, 4009.11, and 4009.12.
INSTRUCTIONS
1. Unless an request specifically states otherwise, references to the singular include
the plural and vice versa; references to the masculine include the feminine and vice versa;
reference to the past tense include the present and vice versa; and disjunctive terms or
phrases include the conjunctive and vice versa.
2. If you cannot supply precise information, state your best estimate or
approximation. This includes your approximation of dates by reference to other events,
when necessary.
3. If you object to any portion of any request, you must still provide the dqcpments
4. If you object to furnishing any of the documents requested on the grounds of
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asked for in the remainder of the request.
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privilege, identify the documents objected to by furnishing the following
a. Its date( s );
c.)
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b. The persons(s) participating in its formulation;
c. The specific grounds on which your objection is based;
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d. The specific requests calling for the documents; and
e. A general description as to the nature, rather than the substance, of the
purportedly objectionable information.
DEFINITIONS
1. Executrixes means the executors of the estate of Robert Mann Mumma, deceased,
and / or the trustees of the testamentary trusts created under the will of Robert Mann
Mumma.
2. Objector means Robert Mann Mumma, II, beneficiary of the estate of Robert
Mann Mumma.
3. "Communication" means any writing or oral conversation of any kind or
character, including, by way of illustration and without limitation, personal
conversations, telephone conversations, written correspondence, meetings, memoranda,
email, telegraphic and telex communications or transmittals of documents, and all
documents concerning such written or oral conversation.
4. "Document" means any written, typewritten, handwritten, printed, recorded, or
electronically or magnetically stored material, including electronic and hard copies of
email, whether an original or copy, now or at any time in your possession, custody, or
control.
a. Without limiting the term "control," as used in the preceding paragraph, a
document is deemed to be in your control if you have the right to secure the
document or a copy thereof from another person, representative, or public or
private entity having actual physical possession or electronic access.
b. If a document is responsive to a request for identification or production
and is in your control, but is not in your possession or custody, identify the person
with possession or custody.
c. If any document was, but is no longer, in your possession or custody or
subject to your control, state what disposition was made of it, by whom, and the
date or dates or approximate date or dates on which such disposition was made.
5. "Identify" with respect to a document means to set forth the type of document
(e.g., letter), its date, author(s), recipient(s), title, if any and subject matter. Ifa document
is no longer in your possession, custody, or control, so state. Then identify the document
to the best of your knowledge, and state what disposition was made of it. Include when
and by whom.
6. "Identify" with respect to a natural person means to set forth his (or her) name
and social-security number, his (or her) last known business position and affiliation, and
ifhe (or she) is not currently employed by you, his (or her) last know business and home
addresses including telephone numbers. Once a person has been fully identified in your
answer, such person may be identified thereafter by name alone.
7. "Identify" with respect to a non-natural person means to set forth its name and
principal business address, the nature of its business, and the name and position of the
individual purporting to act or speak for it or on its behalf.
8. "Identify" with respect to oral communication means to set forth its date, the
place it was conducted, the identity of the speaker(s), listener(s), and witness(es), and a
description of its substance.
9. Company means a business or not for profit organization and includes general and
limited partnerships, sole proprietorships, corporations, limited liability companies,
professional corporations, and any other form of organization used to conduct business or
not for profit activities.
1 o. "You" or "your" refers to the Estate of Robert Mann Mumma and either or both
of the trusts created under the will of Robert Mann Mumma, as well as to any of their
affiliates, divisions, subgroups, subsidiaries, assignees, agents, legal representatives,
trustees, executors, consultants, along with any and all representatives and other persons
acting on their behalf including present and former trustees and executors.
Robert M. Mumma Reserves the Right to Request Further Discovery Upon Receipt and
Review of Responses Provided to Him, which he should have already received, but for
the dilatory, obdurate and vexatious conduct of the Estate.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE ESTATE OF
ROBERT M. MUMMA,
ORPHAN'S COURT DIVISION
Deceased.
No.: 21-86-398
OBJECTOR'S REQUEST TO REVIEW
ALL BOOKS AND RECORDS OF THE ESTATE
AND NOW comes Robert M. Mumma II, a beneficiary of The Estate of Robert
M. Mumma and an Objector to the accounting of The Estate seeks Discovery of All
Books and Records of the Estate and in support thereof avers the following:
1. Robert M. Mumma died on April 12, 1986.
2. Lisa M. Morgan and Barbara McK. Mumma were appointed as executrixes of The
Estate on June 5, 1986.
3. The Will for Robert M. Mumma made Lisa M. Morgan and Barbara McK.
Mumma the Trustees of two trusts created under the Will.
4. Robert M. Mumma II is a beneficiary of The Estate and of the two testamentary
trusts created under The Will of Robert M. Mumma.
5. Robert M. Mumma II has filed objections to the accounting of The Estate and has
requested that the Executrixes and Trustees be removed.
6. On or about April 4, 2005, attached hereto, Robert M. Mumma excercised his
rights under Pennsylvania law to review all books and records of the Estate and
Trusts.
7. There is no question that Robert M. Mumma II has a right to all requested
discovery. See Follansbee v. Gerlach, 56 Pa. D. & C. 4th 483 (Allegheny County
2002) (Stating that the attorney-client privilege cannot be asserted by a trustee
against a beneficiary when the trustee sought legal advice in his or her fiduciary
capacity regarding trust administration.).
8. On April 22, 2005, Robert M. Mumma II filed a Motion to Compel Inspection of
All Books and Records, which is attached hereto.
9. The Estate, Trusts, Executrixes, Trustees, and their counsel have not made the
books and records of the Estate available.
10. The Estate, Trusts, Executrixes, Trustees, and their counsel have essentially
ignored the requests for discovery.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE ESTATE OF
ROBERT M. MUMMA,
ORPHAN'S COURT DIVISION
Deceased.
No.: 21-88-398
MOTION TO COMPEL INSPECTION OF ALL BOOKS AND RECORDS
AND NOW comes Robert M. Mumma II, a beneficiary of The Estate of
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Robert M. Mumma and an Objector to the accounting of The Estate, ari6rby an~:
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through his counsel files this Motion to Compel Discovery and in support th,ere9.f~
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avers:
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1. Robert M. Mumma died on April 12, 1986.
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2. Lisa M. Morgan and Barbara McK. Mumma were appointed as executrixes
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of The Estate on June 5, 1986.
3. The Will for Robert M. Mumma made Lisa M. Morgan and ~arbara McK.
Mumma the Trustees of two trusts created under the Will.
4. Robert M. Mumma Ills a beneficiary of The Estate and of the two
testamentary trusts created under The Will of Robert M. Mumma.
5. In a letter dated April 4, 2005, attached as Exhibit A, Robert M. Mumma II
exercised his rights under Pennsylvania law to review all books and
records of the Estate and Trusts.
6. There is no question that Robert M. Mumma II has a right to review all
books and records of the Estate and Trusts. See Follansbee v. Gerlach,
56 Pa. D. & C. 4th 483 (Allegheny County 2002) (Stating that the attorney-
client privilege cannot be asserted by a trustee against a beneficiary when
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the trustee sought legal advice in his or her fiduciary capacity regarding
trust administration.). See also In re Rosenblum. 459 Pa. 201. 328 A.2d
158 (1974) (beneficiary's right to inspect books is greater than the normal
right conferred by discovery due to the beneficiary's independent property
rights in the estate or trust.)
7. This doctrine established by these cases should apply equally to
executors of estates as they are in the same fiduciary position as trustees.
8. The Estate. Trusts, Executrixes. Trustees, and their counsel did not
respond and have not responded to the request for inspection.
9. The Estate. Trusts, Executrixes, Trustees, and their counsel have
essentially ignored the request for inspection. .
WHEREFORE Robert M. Mumma II respectfully requests that this Honorable
Court Order the Estate, Trusts, Executrixes, and Trustees to comply with Robert
M. Mumma "'s requests for discovery.
Respectfully Submitted,
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Robert M. Mumma"
Box 58
Bowmansdale, PA 17008
6880 SE Harbor Circle
Stuart, FL 34996
(717) 612-9720
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Robert M.. Mumma II
Box 58
Bowmansdale, PA 17008
April 4, 2005
Ivo V. Otto, III, Esquire
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, PA 17013
. Re: Estate of Robert M. Mumma and the Trusts Under the Will of Robert
M. Mumma
Dear Mr. Otto:
I am hereby exercising my right to review records as a beneficiary of the
Estate of my father and as a beneficiary of the trusts created under his will.
Please make available for my Inspection all 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.
Just so there is no miscommunication, I want to review everything, and I
believe that my status as a beneficiary entitles me to review absolutely
everything In the E$tste and frusta.
Please contact me as soon as possible, so we can begin to schedule
when and where you will make the various Items available to me. If you do not
Intend to cooperate with this r~quest, let me know Immediately so I can file the
appropriate motIons wfth the court.
Sincerely,
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Robert M. Mumma II
cc
Ralph A. Jacobs, Esquire
Brady L. Green, Esquire
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that I served the above-captioned Motion
to Compel Inspection of All Books and Records upon all parties of record by
sending a true and correct copy of same via first-class, postage-prepaid, US Mail
to:
Ivo V. Otto, III, Esquire
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, PA 17013
Joseph A. O'Connor, Jr., Esquire
Brady L. Green, Esquire
Morgan, Lewis & Bockius, LLP
1701 Market Street
Philadelphia, PA 19103-2921
Ralph A. Jacobs, Esquire
Ralph A. Jacobs & Associates LLC
215 S. Broad Street, 10111 Floor
Philadelphia, PA 19107
M-~JJ:
obert M. Mumma"
REQUESTS FOR PRODUCTION OF DOCUMENTS
1. Please provide, in unredacted fonn, all billing statements and lor invoices
of Haile, Shaw & Pfaffenberger, P.A. flk/a Haile, Flemming & Shaw, P.A. regarding the
finn's representation of the Estate of Robert Mann Mumma, their representation of the
Executrixes of the Estate, their representation of either of the two trusts created under the
will of Robert Mann Mumma, or their representation of the Trustees of said trusts. This
request includes but is not limited to detailed bills from 1986 to 2004 for work done by
attorneys, paralegals, secretaries, and experts retained by the firm.
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SOHONAGE & CHRISTOPHER
j)l a4~
Daryl It. Christopher, Esq.
J.D. No.: 91895
P.O. Box 480
Camp Hill, PA 17001
P. (717) 612-9721
F. (717) 612-9722
REQUESTS FOR PRODUCTION OF DOCUMENTS
1. Please provide, in unredacted, fonn, all billing statements and lor invoices
of Attorney Jordan Fields regarding his and his finn's representation of the Estate of
Robert Mann Mumma, their representation of the Executrixes of the Estate, their
representation of either of the two trusts created under the will of Robert Mann Mumma,
or their representation of the Trustees of said trusts. This request includes but is not
limited to detailed bills from 1986 to 2004 for work done by attorneys, paralegals,
secretaries, and experts retained by the finn.
2. Please provide, in unredacted fonn, all billing statements and lor invoices
of the law finn Crary Buchanan, Bowdish, Bovie, Beres, Elder & Thomas, Chartered,
and its predecessor firms, regarding its representation of the Estate of Robert Mann
Mumma, its representation of the Executrixes of the Estate, its representation of either of
the two trusts created under the will of Robert Mann Mumma, or its representation of the
Trustees of said trusts. This request includes but is not limited to detailed bills from 1986
to 2004 for work done by attorneys, paralegals, secretaries, and experts retained by the
finn.
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3. Please provide, in unredacted fonn, all billing statements and lor invoices
ofthe law firm Goldberg Katzman, P.C., and its predecessor firms, regarding its
representation of the Estate of Robert Mann Mumma, its representation of the
Executrixes of the Estate, its representation of either of the two trusts created under the
will of Robert Mann Mumma, or its representation of the Trustees of said trusts. This
request includes but is not limited to detailed bills from 1986 to 2004 for work done by
attorneys, paralegals, secretaries, and experts retained by the firm.
.
4. Please provide, in unredacted fonn, aU billing statements and lor invoices
of the law fum Boswell, Tintner, Piccola & Alford., and its predecessor fum.. regarding
its representation of the Estate of Robert Mann Mumma, its representation of the
Executrixes of the Estate, its representation of either of the two trusts created under the
will of Robert Mann Mumma, or its representation of the Trustees of said trusts. This
request includes but is not limited to detailed bills from 1986 to 2004 for work done by
attorneys, paralegals, secretaries, and experts retained by the firm.
5. Please provide, in unredacted fonn, all billing statements and lor invoices
of the law firm Saul Ewing LLP, and its predecessor finns, regarding its representation of
the Estate of Robert Mann Mumma, its representation of the Executrixes of the Estate, its
representation of either of the two trusts created under the will of Robert Mann Mumma,
or its representation of the Trustees of said trusts. This request includes but is not limited
to detailed bills from 1986 to 2004 for work done by attorneys, paralegals, secretaries,
and experts retained by the firm.
6. Please provide, in unredacted fonn, all billing statements and lor invoices
of the accounting firm Hadley & Company, and its predecessor finns, regarding work it
perfonned for the Estate of Robert Mann Mumma, for the Executrixes of the Estate, for
either of the two trusts created under the will of Robert Mann Mumma, for the Trustees
of said trusts, or for any companies owned or controlled by any of the previously-named
entities or individuals. This request includes but is not limited to detailed bills from 1986
to 2004 for work done by accountants, assistants, secretaries, and experts retained by the
finn
REQUESTS FOR PRODUCTION OF DOCUMENTS
1. Please provide, in unredacted fonn, all billing statements and lor invoices
of the law firm Morgan, Lewis & Bockius LLP regarding its representation of the Estate
of Robert Mann Mumma, its representation of the Executrixes of the Estate, its
representation of either of the two trusts created under the will of Robert Mann Mumma,
or its representation of the Trustees of said trusts. This request includes. but is not limited
to detailed bills from 1986 to 2004 for work done by attorneys, paralegals, secretaries,
and experts retained by the finn.
2. Please provide, in unreclacted fonn, all billing statements ancl lor invoices
of the law firm Stradley Ronon Stevens & Young LLP regarding its representation of the
Estate of Robert Mann Mumma, its representation of the Exccutrixes of the Estate, its
representation of either of the two trusts' created under the will of Rohert Mann Mumma,
or its representation of the Trustees ot'said trusts. This request includes hut is not limited
to detailed hills from I 9X(l to 2004 for work done hy attorneys. paralegals. secretaries.
and experts retained by the firm.
3. Please provide, inunredacted form, all billing statements and lor invoices
of the law finn Martson Deardorff Williams & Otto regarding its representation of the
Estate of Robert Mann Mumma, its representation of the Executrixes of the Estate, its
representation of either of the two trusts created under the will of Robert Mann Mumma,
or its representation of the Trustees of said trusts. This request includes but is not limited
to detailed bills from 1986 to 2004 for work done by attorneys, paralegals, secretaries,
and experts retained by the finn.
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INTERROGA TORIES
I. Identify the companies in which you currently own orin which you have owned
an interest since 1986. You need not include publicly-traded companies. For each
company, list the values of your interests by year beginning with 1986.
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2. Identify the directors and officers of each of the companies listed in your answer
to number 1. List your answers for each company by year beginning with 1986.
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3. Identify the salaries, bonuses, wages or any other compensation provided to the
individuals listed in your answer to number 2 paid by the companies listed in your answer
to number 1. List the compensation for each individual by company and by date. If one
individual is an officer, director, or employee, of more than one company separately list
the amount paid to that individual by each company. If one individual holds multiple
positions with a single company, list all positions and compensation separately. List all
answers by year beginning with 1986.
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4. For each year beginning with 1986, list the amount of money paid to
BarbaraMcK. Mumma and Lisa Mumma Morgan as trustees for the marital and residual
trusts of Robert Mann Mumma. If consideration was paid in anything other than US
dollars, list the property exchanged and the value of said property.
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5. When and how were you first infonned that a shareholders agreement
existed or might exist between Robert Mann Mumma and Robert Mann Mumma, II
regarding their shares of Highspec, Inc.?
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6. Please list under what authority shares of High-Spec, Inc. were transferred
from the estate to the residuary trust.
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7. Please list the amount (dollar value) and type (specific description) of any
assets currently held by the Estate that have not been piaced in.the Marital trust or the
Residuary trust.
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8. Beginning with 1986 please list all real property that was owned by the
estate or owned by any entities controlled by the estate and was subsequently sold at a tax
sale, judicial sale, sheriffs sale, or other forced sale or was repossessed by a creditor.
.
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9. Do you as individuals, trustees, executors, or beneficiaries own any shares
of CRH, pIc, Allied Irish Banks, p.l.e., or of any company controlled by CRH, p.l.c. or
AIB, p.l.c.; if your answer is yes, please provide complete details including the number of
shares, dollar values, and percentage of ownership you hold.
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10. Beginning with the year in which Mumma Realty Associates I was
created, please list by year all assets owned by Mumma Realty. Associates 1.
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11. Beginning with the year in which Mumma Realty Associates II was
created, please list by year all assets owned by Mumma Realty.Associates II.
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12. Beginning with the year in which Mumma Realty Associates was created,
please list by year all assets owned by Mumma Realty Associates.
1
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,
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13. Under which provision(s) of the Will of Robert Mann Mumma and with
what authority were you acting when you distributed to Barbara McK. Mumma over $1.6
Million directly from the Estate of Robert M. Mumma and not passing through either the
Marital Trust or the Residuary Trust.
1
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14. Please provide the number of shares of Hummelstown Quarries, Inc., Nine
Ninety-Nine, Inc., and Union Quarries, Inc. that the Estate received as a result of the
liquidation ofthe Pennsylvania Supply Company.
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15. Please provide the percentage ownership in Hummelstown Quarries, Inc.,
Nine Ninety-Nine, Inc., and Union Quarries, Inc. that the Estate received a a result of the
liquidation of the Pennsylvania Supply Company.
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16. Please e?,plain how the Paxton Street Yards became an asset of the Estate
of Robert Mann Mumma. Include the value of the asset, the nature of the assets (if it is
real property provide an adequate legal description), and the Estate's basis in the
property.
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IN RE: ESTATE OF
ROBERT M. MUMMA, late of
Cumberland County,
Pennsy1venia
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-86-398
ORPHANS' COURT DIVISION
PETITION OF ROBERT M MUMMA. II. SON OF DECr~ ~~D
BENEfICIARY UNDER DECEf:j'~ ~~~fN1i~ft} 8IT~~t~~E
WITH REOUEST IDEMAND BT l~fMiiMMA"Il"'~j;ER~~~ ~~
DELIVERED UP FOR ROBE .., 'v ~~LI
POSSIBLE COPYING gR T~T j~~~~R~A~5~~i~DL~;~ ~
CONVENIENT PLAC~ AN 1/ E F 0 'S U L.
AND POSSIBLE COPYIN9
AND NOW COMES Robert M. Mumma, II, Individually, and Robert M. Mumma, " end Gary
M. Gilbert, as court-appofnted guardians of the estates 01 Susan Mann Mumma and Mflrguertte
Mann Mumma, (hereinafter "Objectant") by his attorneys, Charles E. Shields, III, of
Mechanicsburg, and Will1am C. Costopoulos, of lemoyne, and respectfully represents:
. RE: JURISDICTION
1. Your Honorable Orphans' Court has Jurisdiction over the matters raised herein
by vIrtue of Section 711 of the "Decedents, Estates and Fiduciaries Code", also known as the
"Probate, Estates and Fiduciaries COOe." 20 Pe. C.S.A. sec. 711.
RE: ORPHANS' CQURT'S AUTHORITY & POWER
2. Your Honorable Orphans' Court has the requisite power and authority to compel
complience wIth petitioner's requests/demands mtlde herein pursuant to the fOllOWing sections
of T ltle 20 Pa.C.S.A: 711 ( 1) (2) ( 12) (relating to the oversight of the adm lnlstration of
estates end testamentary trusts and the control of ffduclaries); 731 (fegerding an Orphans'
Court Judge's power to hear and determine eU matters jurtsdict10n of which is exerciSed
through the Orphans' Court); 769 (power to maKe such orders as are just and necessary to
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compel compHance wtth the requIrements of any cftation or nottce); 772 (power to issue any
injunction that a court of equity could Issue in all matters of Orphans' Court jurisdiction);
3311 and 7131 (the executrices/trustees are to have Possession of and are to adm infster for
the benefft of the estate ell reel and personal property, Including papers, documents and like
items),
3. At the common law, under the equitable powers of a Chancellor sitting in equity.
your Honorable Court has the power and authority to compel compl1ance, fnftfel1y and on an
ongOing basis, with petit1oner's Instant requests/demands.
RE: PROBATE OF WILl. ISSUANCE AND
ACCEPTANCE OF LETTERS TESTAMENTARt
4. Robert M. Mumma, father of the Petitioner. died on April 12. 1986, a resident
of Cumberland COunty, Pennsylvania.
5. The said Robert M. Mumma's wm end the codicl1 thereto were duly probated and
letters testamentary were duly granted thereon by the Register of Wf1Is of Cumberland County
to his widow, B arbars McK. Mumma ("Mrs. Mumma") and to his daughter Lisa M. Morgan, nee
Mumma ("Mrs. Morgan") on June 5. '986.
6. By the probate of the Wf11 and the 8CC8ptance of the Issuance of the letters
Testamentary thereon, Mrs. Mumme and Mrs. Morgan accepted the offIces of both CQ-
executrices and co-trustees under the wfll 8S well as all the duties. responsibl1itles and
liabilities attendent to safd offices.
RE: CONTENTS OF RQBERT M. MUMMA'S Will
7. Robert M. Mumma's WI I I fs deted May 19, 1982 and the Codicil thereto is dated
October 12, 1984. (Safd WlJJ and CoofcH are attached hereto, 1ncorporeted heretn and made a
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part hereof and are marked "Exhfbft A"),
8. Safd WllI contains. in Articles FIRST through SIXTH. clauses to, 1l:l.1w::.Allil.
revoke prevfous wtlls: pay debts, funere} expenses, and estate and fnherftance texes; and make
specific bequests of some specific Items to spaclfical1y named Individuals.
9, Article SEVENTH of the said wm establishes a mer1tel trust under which the
Income Is to be paid to the wtdow, Mrs. Mumma, for llfe. At her death. the prfncipal ts to be
pafd to the named four children, including the petitioner herein. "share and share alike. per
stirpes, and not per capita."
1 O. Article EIGHTH of the said W111 establishes a reslduary trust under which the
Income fs to be paid to the widow, Mrs, Mumm8, for life. At her death, the pr1nc1palis to be
paid to the named four children, including petitioner heretn. "share and share alike, per
stirpes, and not per capita. II
I ,. Arttcle FIftEENTH of the said Will as per the said Cadien. nominates, constitutes
and appotnts the aforesaid widow. Mrs. Mumma, and the aforesaid daughter I Mrs. Morgan. as 00-
executrices of the said Will.
12. Article FIFTEENTH of the said WlI1 as per the said COO1cH, also nominates,
constitutes and appoints the aforesaid wioow, Mrs. Mumma, and the aforesaid daughter I Mrs.
Morgan, 6S co-Trustees of the aforesaid Trusts established in the aforesaid Articles SEVENTH
and EIGHTH "to administer said Trusts as directed by {the sa1d] last wt11..."
'3. Safd Articles SEVENTH and EIGHTH of said wm provided a gift over or rema1nder
fnterest after the termination of Mrs. Mumma's llfe Interest upon her death to four named
chlldren, to wit: Robert M. Mumma, ", Petftfoner herein, Barbara M. McClure, Linda M, Roth
and Lisa M. Mumma, now Mrs. Morgan, "share and share alllce, per stfrpes and not per cap1ta. II
Said chlldren's shares in the remainder or gift over are as tenants 1n common end not as jOint
tenants with right of survivorship as amongst themselves.
14. Upon the death of Robert M. Mumma, the sa1d remainder Interests in common 1n
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favor of the said named four children vested absolutely in interest but not in possessfon, the
possession beIng postponed untfl the termination of the said 11fe interests in the said trusts upon
the death of Mrs. Mumme.
1 S. Petitioner is the per-ent, natural guardian, end next of friend of end for Robert M.
Mumma III, his natural son by his former wife. SoJJy Osler Songster, of t 9 East Marble Street,
Mechen1csburg, CumberJend County. The said son was born on May 12, 1982, prior to the
death of the Jate Robert M. Mummel. 8I'ld holds an executory interest under Articles SEVENTH and
EIGHTH of the said Wl1l.
16. Petttfoner is also the parent. natural guardian, and next of friend of and for
Susan Mann Mumme and Marguerfte Menn Mumme. his naturel daughters by hfs current wffe,
Susan Regan Mumma. The said daughters were born on June' 9. 1987 and on October 12 J
1990, respectively, after the death of the late Robert M. Mumma. and are holders of executory
interests uncler Articles SEVENTH and EIGHTH of the said Will.
16a. Robert M. Mumma, 1\ and Gary M. Gilbert are the court-apPointed guardians of
the estate of Susan Mann Mumma and Marguerite Mann Mumma pursuant to Order of Judge
John T. Miller of York County Orphans' Court, dated CX!tllhl:l,.. d
1991.
RE: PETlTIONER'S PURPORTED DISCLAIMER
t 7. On January 6. 1987, Petitioner executed a document prepared for him by Arthur
L. KleIn. a partner in the Phl1adetph181aw firm of Morgen. Lewis & Bockius, the firm
representing Mrs. Mumma and Mrs. Morgen In the Bdministrat10n of the estate of Robert M.
Mumma.
18. The document was C8l1ed "Dtsclaimer by Robert M. Mummo "." It ractted
provIsions of Articles SEVENTH and EIGHTH of the said Wll1 and purported to disclaim and
renounce all of Petitioner's right, title and interest in and to the prIncipal of the trusts under
the aforesaid articles of said WlIJ.
4
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19. The so-called "Disclaimer" was filed In the Office of Register of W11ls of
Cum berltlnd County on January 12, 1987 under circumstances and 811eged fects which have
been and are highly disputed.
RE: APPOINTMENT OF GUARDIAN AD LITEM
20. The executrices aforeseld developed a plan to sell certeln key businesses
(especially 999, Inc., 8 holding company for I<ey operating businesses) within the Mumma
family enterprises system to e foreign buyer despite Petitioner's knOWledge that such was not
his deceased father's true 1ntenUon and his assertion that he was prepared to purchase the key
businesses being proposed for 881e. (See DIagram "A" attached hereto).
21. In connection with the plans of the executrices to sell these k.ey famity businesses
to a foreign buyer, they ft1ed actfons for Declartltory Judgment and for other equitable reHet.
22. said actions by the executrIces were designed to Ultimately force Petitioner to go
along wtth a sale he adamantly asserted was egainst his deceased father's true intentions.
23. Since PetlHoner had suppOsedly agreed to the Wing of his purported disclaimer,
his stelnding to contest certain ecttons of the executrices es they related to the affairs of his
father's estate in the Orphans' Court W8S open to attecl<.
24. Executrices, contemporaneously with the fil1ng of their actlons for Declaratory
Judgment and for other eQuitable ret1ef, filed with the Orphans' Court a PETITION FOR
APPOINTMENT OF GUARDIAN AD LITEM.
25. Although the afore~ld PETI TlOM end its WHEREFORE clause pointedly referred
only to Petitioner's then born two (2) eldest children, Robert M. Mumma, III, and Susan Mann
Mumma. the Orphans' Court Issued the Decree herein QUoted WhiCh extended to all minor
persons interested in the estate of Robert M. Mumma, to wit:
5
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AND NOW, thfs 29th doy 01 December, 1988, upon
consfderetfon of the annexed Petition, Robert M, Frey,
ESQ.. is hereby appointed Guardian tlCI Utem for the minor
persons fnterested fn the estete of Robert M. Mumma,
deceased, with authorizatIon to represent sefd minor
persons in 811 matters related to the sale of Nine Ninety-
Nine, Inc. and Hummelstown Quarries, Inc. and the actions
for Declaratory JUdgment and Other ReHef pertaining
thereto, whfch actfons are now pending before thIs Court,
and in any further or other proceedIngs In the Court of
Common Pleas of Cumberland County or the Court of
Common Pleas of Dtluphln County, Pennsylvania relating to
relet1ng or arising out of such matters.
26. The scope and br~dth of the safd Decree of Appointment speak for themselves tlnd
show that the Guardfan ad l1tem's appointment was for limtted and specified purposes and did
not encompass a general guardianship of all Interests of the sald minors nor was it an
appotntment as a guardtan of the Stlid minors' estates.
BE: COURT PERMITTED REVOCATION OF DISClAIMEI;i
27. On June 20, t989, Petitioner moo a PETITION TO REVOKE DISCLAIMER In the
form of a rule to show causa.
28. The GUtlrdlan ad Utem OPPosed Petitioner's efforts to wHhdraw his purported
disclaimer.
29. A hearing was held in front of Presiding Judge Sheely on August 28. 1989 ot
which time the pertfes were dIrected to me briefs upon the fssue of revoking the disclaimer.
30. On November 17, 1989, Presidfng Judge Sheely, by an order accompanied by an
opinion, granted Petitioner's motion to revOke his dtsclalmer.
3 1. On January 16, 1990, Petitioner mad a praecfpe to withdraw the dIsclaimer.
32. On January 23, t 990, the Register of W1I1s of Cumberland County ordered the
revocation of Petttfoner's dfscleimer.
33, The guardian ed lftem has appealed the allowance of the revocatIon of d1scla1mer
to the Superior Court which remanded the matter because exceptions to the Decree Nisi had not
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been ectad upon when the Guardian 6d Utemtook hIs appeal.
34. The discleimer appeel by the guardian ed Htem. Robert M. Frey, Is on an
Informal wait end see status.
RE: PETITIONER. PARENTS. AND RESPONDENr~
35. Petitioner is an adult Individual and currently resIdes at Bowmansdale. York
County (Box 56) PA 17008.
36. Petitioner's current wife, Susan Regan Mumma. the mother of the said Susan
Mann Mumma. is an adult IndIvidual and resides with Petltloner at the some eddress.
37. PetitIoner's (ormer wife, Sally Osler SOngster. the mother of the said Robert M.
Mumma Ill, Is en edult 1nd1vidual and currently resides at 19 E,ast Marble street.
Mechen1csburg. Cumberland County, Pennsylvan1a.
38. Respondent. co-executrlce and co-trustee. Barbara McK. Mumma (Mrs.
Mumma) 1s an adult indIvIdual currently residing at 845 Kiehl Drive. LemO')me. Cumberland
County, Pennsylvania.
39. Respondent, co-executrlce and co-trustee. Usa Morgan (Mrs. Morgen) is an
adult individual currently residIng at 804 MichIgan Avenue, lemoyne. Cumberlend County,
Pennsylvan ia.
RE: CURRENT REOUEST {DEMAND AND REfUSAL
40. By letter deted and mailed March 19, 1991, Pet1t1oner here1n. by local counsel.
Charles E. Sh1elds, I". made 8 request end demand upon counsel (or the execturices/trustees
either for the delivery of or the mak1ng avatlable of certain documents and the 11/(e. (See said
letter attached hereto as co Exhibit B. n)
41. By letter dated and mailed Aprll 16. 199' , counsel for the executrIces/trustees
refUSed to make the requested documents avaUable and quest10ned petitioner's standing to make
the request/demand. (See saId letter ettached hereto as "Exhibit c. ")
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42. By letter dated 8nd m81ledAprl1 29, 1991, petitioner herein, by local counsel,
Charles E. Shields, III, made 8 renewed request/demand upon counsel for the
executrices/trustees and addressed their concerns and questions. (See letter attached hereto as
"Exhibit 0").
43. The executrices/trustees have st111 not delivered nor made 8Vaflable any of the
requested/demanded documents.
CONTENT OF PETITIONER '5 REQUEST IDEMANO:
44. A1J legal opinion and/or advice letters or memos by Morgan. Lewis & Bockfus or
other attorneys or accountants or other advisers or experts rendered to or mede aval1able to the
executrices or trustees 1n connection with the estate or trusts established under the w1t1 of the
late Robert M. Mumma. This request and demand to Include any notes made by or for the
executrices or trustees pertaining to legel op1nlons or advice and extends to not only those said
letters, notes and memos which are In the possession and control of the executrices and trustees
but also to all such said letters, memos and notes which the executrices or trustees have w1thln
their authorfty and power to request that c1e11very be made to them or to request that the same
be made aval1able to them. This request and demand 1s to fnclude but not to be 11mited to the
follow1ng more specific requests and demands.
45. All opfnfon and/or advice letters, memos~ notes, and the l1ke regard1ng valuation
of assets of the estate or trusts rendered by any attorneys or accountants or other advisers or
experts.
46. All opinion and/or advice letters, memos, notes and the 11ke regard1ng the
prUdence or advisabf1lty of any sale or any transfer of any assets of the estate or trusts
rendered by any attorneys or accountants or other advisers or experts.
47. All opin1on and/or advfce letters, memos, notes and the like regarding the
funding of the trusts under the will of Robert M. Mumma and the advlsabflfty of the withdrawal
8
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or any assets or any specfflc assets from the trusts rendered by any attorneys or accountlmts or
other advisers or experts.
48. All opinion and/or adv1ce letters, memos, notes end the like regerding the
legltlmooy of any cherges end/or fees mede to the estate or trusts by the executrl~s and
trustees or e1ther of them for services rendered in their fiduciary C8poolties or as officers.
directors or employees of any corporations, tenllncies In common, partnerships, Joint ventures
or any other form of assoc1ation or entity where they have an 1nterest in the same by virtue of
their holdings 1n the estate or trusts.
49. All bill1ngs, fees, expense statements end the l1ke rendered to the estate or the
trusts by attorneys, accountants and/or any other experts or advisers and also itemized bill1ngs
and time sheets to show the legit1m~ of such bt111ngs, fees, expense statements and the like
which the executrices and trustees have it within the1r rights and power to request whether
such requests have been made previous to this request and demand or not.
49a. By this petttlon. Petitioner m8kes tJddit10nal demands for copies oflny and all fire
and/or casualty insurance pOllc1es and the like, and any riders, endorsements, Itemized Ifsts,
and the l1ke thereto which deal with personal property which was at any time part of the estate
or trusts or wh1ch stfl1 is part of the estate or trusts.
49b. By this petition, Petitioner makes 8ddit1onal demands for access to and inspectton
of all ORIGINAL stock certificates hald by or Issued to the executr1ces/trustees and stock books
or ledgers of all the faml1y cor porat1ons.
PETITIONER'S INABILITY TO MAKE A MORE SPECIFIC AND PARTICULARIZED DEMAND
50. Pet1tioner herein is unable to more specifically or particularly describe the
requested/demanded documents because all of such are in the exclusive possession of or are
Subject to the control of the executrices/trustees.
PETITIONER HOLDS A PROPERTY RIGHT IN REOUESTED/DEMANDED DOCUMENTS
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51. Petitioner herein, as a beneficiary under h1s father's w1l1, holds en undiv1ded
benefic1el and equitable ownership in the requested/demanded documents as a tenent in common
with his three sisters.
PETITIONER PETITIONS TO ASSERT HIS PROPERTY RIGHTS AND IS NOT MAKING A
t10TlON FOR DISCOVERY PURSUANT TO ANY CURRENT LITIGATION
52. Petitioner peutions for raHaf In vindication of his property rights in the
rSQuested/demendeddocuments.
53. The reHef sought by petftfoner Is to heve his sa1d property rights vindicated by
an order declaring that the said requested/demanded documents shall be dellvered up or made
avallabla to him for his perusal or possible copying.
54. Petitioner does not seek the production of such documents in connection with any
current littgetion. rather he asserts a property right which 1s recognized to exist totally
independent of any l1tigetlon.
REASONS FOR REQUEST
55. Petitioner's reasons for making such request/demand ere legally irrelevant, he
h8Ving a clear legal tmd equitable r1ght to do so. Nevertheless. petftfoner flatly states that he is
acting in good fafth and solely desires to exercise h1s right in order to protect h1s and his
ch lIdren · s interest in the estate and trusts.
56. Information ebout the administration of this estate has been sparse from the
beginning as is clearly evidenced by the request for the "family meeting" fn Phl1adelphia in the
summer of 1986 at the off1ces of Morgan. Lewts & Bocldus as has been testffied to numerous
Urnes In other related 11tfgatfon fn front of your Honor.
57. Informatton about the administration of this estate has continued to be sparse 8S
Is evidenced by the fact that no accounting even partial, had been mad for over ftve (5) years
10
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from the date of Robert M. MUmma's OOath.
58. It was only after a formal petft10n to your Honorable Court for the compelling of
accounttngs, that the executrices/trustees agreed to f1le any 8CCOunttng.
59. Rulings In equ1ty cases show that Pet1ttoner has en equitable duty to peruse
documents and teke other steps wh1ch might be necessary to protect his property Interests as a
benef1c1ary under hIs father's wn1.
WHEREFORE, Pet1Uoner respectfully requests this Honorable Court to award a citation
directed to Barbara McK. Mumma, and Lisa M. Morgan, co-executrices under the W1JJ of Robert
M. Mumme. deC88sed, and to the said Barbara McK.Mumma and LfS8 M. Morgan, co-trustees
under articles SEVENTH and EIGHTH of said will, to appear and show cause If any there be, why
they should not be required to either deltver up or to make avaHable 8t 8 convenient place and
Ume for perusal by Robert M. Mumma, II, his attorneys, agents, or representatives for
possible copying the follOWing certa1n items:
1. Alllegel opinion and/or advice letters or memos by Morgan, Lewis 8< Bockius or
other attorneys or accountants or other advisers or experts rendered to or made avallab Ie to the
executrices or trustees In connection with the estate or trusts established under the will of the
late Robert M. Mumma. This request and demand to Include any notes made by or for the
executrices or trustees pertaining to legal opinions or advice and extends to not only those said
letters, notes and memos which ere in the possession and control of the executrices and trustees
but 61so to all such said letters, memos and notes which the executrices or trustees have within
their authority and power to request that deHvery be made to them or to request that the same
be made available to them. His request and demend Is to include but not to be I1mtted to the
following more specific requests and demands.
2. All opinion and/or advice letters, memos, notes, and the like regarding valuation
of assets of the estate or trusts rendered by any attorneys or accountants or other advisers or
1 1
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experts.
3. All opinion and/or 8dvice letters, memos, notes and the like regarding the
prudence or advisab11fty of any sale or any transfer of any assets of the estate or trusts
rendered by any attorneys or accountants or other advisers or experts.
4. All opinion end/or advice letters, memos. notes and the Hlee regarding the
fUndIng of the trusts under the wfll of Robert M. Mumma and the advisability of the withdrawal
of any assets or any specific assets from the trusts rendered by any attorneys or accountants or
other ee1v lsers or ex perts.
5. All opinion and/or advice letters, memos, notes and the 11l<e regarding the
legitimacy of any charges and/or fees made to the estate or trusts by the executrices and
trustees or either of them for services rendered In their fiduciary capooities or as officers.
directors or employees of any corporations, tenancies in common, partnerships, joInt ventures
or any other form of association or entity where they have an Interest In the same by virtue of
their holdings in the estate or trusts.
6. All bl1llngs, fees, expense statements and the lil<e rendered to the estate or the
trusts by attorneys, accountants and/or any other experts or advisers and also itemized billings
and time sheets to show the legltimooy of such b1J11ngs, fees, expense statements and the like
12
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which the executrices and trustees have 1t within their rights and power to request whether
such requests have been meers prevfous to this request end demand or not.
7. Copies of eny and an fire and/or C8Sualty fnsurance pOlfcfes and the l1ke, and any
riders, enoorsements, Itemized lists, end the Uke thereto which deel wtth personel property
which was at any time part of the estate or trusts or Which stm is part of the estate or trusts.
8. Permit cccess to end inspection of ell ORlelNAL stock certificates held by or
Issued to the executrices/trustees and stock books or ledJers of eJJ the fam1Jy corporations.
RespectfuJJy submftted,
Charles E. Shields, III
Commonwealth Nat10nal Bank Bldg.
2 West Mein Street
Mechanlcsburg, PA t 7055
(7' 7) 766-0209
I.D. #38513
W\11lem C. Costopoulos
83' Merkel Street
lemoyne, PA '7043
(717) 761-2121
By Ckiu E;~
Attorneys for Petitioner,
Robert M. Mumme. II
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IN RE: ESTATE OF
ROBERT MANN MUMMA,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA.
ORPHANS COURT DIVISION
NO 21.86.398
P~~T~~ ':~T "AtlN IIUMMA. .. TO O~~~ ~:Q~~~
O~:'~:~J;~~~1:~E "s~~~~~~~:~A,,~~~;;~~::::~~~::J_
=~~i;~. ~C,. HIGH iij;EC: '~~~i~~~~;;~i~~V
CO:::~h~~:~~~ C~I:'O::J~~::Dii~: ~~~ ~~::'~~I:E~~:~~NV
:eRV~CE;~~~E6MltlE Tl:Iii ~AiFi VA-;'~;~; ;~g::~.:'TE~e:~~
TO TI-iE HONORABLE, THE JUDGES OF SAID COURT:
1.Robert M. Mumma has leamed through documents recently provIded through
discovery that the Estate of Robert M. Mumma has misappropriated shares of varIous
corporatIons and Obtained assets of those corporations for dIstribution to the Executrix.
2. The original stock books and minute books have been held by the Executrix
and their agents to prevent other shareholders from determInIng theIr rights and
proper percentage of ownershIp.
3. ThIs has resulted In the. Estate funding Trusts tor the executrix in violation of
the prOVisions of the Will Of Robert M. Mumma. The Will Specifically directs that two
Trusts of equal value be estabflished. Morgan Lewis and Bocldus recently provided
documentation showIng that the Marital Trust received more than eighty percent of the
Estate assets and they were distributed to the Executrix.
4.Further, the Executrix have Initiated lawsuits to deprive two of the
beneficiaries of there laWful interests In at least two of the companies Pennsylvania
Supply Company and BobaJi Corporation.
Robert M. Mumma, II is requesting that :
1 )the Executrfx be directed to comply with the Will of Robert M. Mumma and to
estabUlsh two Trusts of equal value
2) That any distribution Of Estate assets to an Executrix be returnd in the form
that it was withdrawn to create the Trusts of equal value.
3) The Estate proVide the documents they relied on in filing Estate Tax returns.
4) That the Estate and Executrix be enjoined from taking any action regarding
the above listed corporations until a hearing Is held to determine the Estates legal
Interests in these entities.
5) That the Estate be enjoined from receiving any distribution of asates from any
of the above corporations until a hearing Is haeld to determine their legal right to such
a distribution.
Lisa Morgan has stated that she " does not expect any of the beneficiaries to receive a
distrubutfon" from the Estate. This confirms the need for injunctive reUet.
~
',~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-86-398
ESTATE OF ROBERT M. MUMMA, Deceased
and as parent and natural guardian of Robert M. Mumma, III
Petition of Robert M. Mumma, II
to Compel Production of Documents
Robert M. Mumma, II ("Petitioner"), individually
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 Li sa M. Morgan ("Mrs. Morgan") on June 5,
1986.
children with substitution of issue in the case of a deceased
and at her death principal is payable to the Decedent's
under which the income is to be paid to Mrs. Mumma for life
bulk of his estate to a Marital Trust and a Residuary Trust
First Codicil thereto, dated October 12, 1984, leaves the
3. The Decedent's Will, dated May 19, 1982, and
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,
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
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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
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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
Respondents refused to agree to a continuance and Petitioner
rescheduled to March 29) and the hearing set for April 3.
therefore asked for all documents to be produced prior to the
depositions. (see Exhibit C attached hereto).
provide any tax returns or appraisals of estate property,
D attached thereto). In their response, they refused to
trustees responded to the request for production (see Exhibit
10. On March 23, counsel for the executors and
documents or information to determine the amounts of and
and confidential." Their response also failed to include any
alleging that the information contained therein was "private
estate and the trusts.
valuations used for the distributions and allocations of the
advised counsel for Respondents that unless the requested
11. On March 28, 1989, counsel for Petitioner
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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
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~l56
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
(717) 24~~301 b((
(.' ~ttorneys for
bert M. Mumma, II
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/
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. S4904 relating to unsworn
falsification to authorities.
~~ ;( 6::(
~ James R. Ledwith
. ~-"t
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CERTIFICATE OF SERVICE
I, James R. Ledwith, certify that a copy of the
attached Petition to Compel Production of Documents of Robert
Upon the following:
M. Mumma, II was served by hand delivery on March 30, 1989
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
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ARPENDtx A
Detinition3 and Instruction3
1. "Decedent" mean3 Robert H. MUmma, deceased.
2. "Estate" means the Estate ot Robert M. Mumma, deceaseel.
3. "Trusts" means the Marital Trust and the Residuary Trust under
the Nill ot Robert M. Mumma, deceased.
4. "Document" is u.ed in the broadest POssible .ense and mean.,
without limitations, all materials within the meaning ot
Pa.R.Civ.p. 4009, inClUding all drafts and all non-identical
copies in YOur posseSSion, custOdy O~ control.
S. The Requests, unless otherwise specified, apply to documents
written during the period beginning trom April 12, 1986 to the
present.
6. This Request is continuing so as to require supplemental
responses it you, or any person acting on your behalf, obtains
additional in~ormation called tor by this Request between the
time ot the original response and the time set tor trial.
7. It you object to furnishing any document requested on the
grounds of attorney-client priVilege, work prodUct rule, or
otherwise:
a. identity the specific grounds on whiCh your objection is
based; and
b. identity 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
into%1l\a.tion.
.'.,1 ~3
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8. Non-objectionable matter which is relevant and material to the
~.quest must. be produced. Any portion ot the information for
which an objection is asserted may be withheld provided that the
above-requested identification is furnished.
44~
APPINDIX B
Documents and Thinqa R.~.sted
1. All documents, including, but not limited to, work papers,
tinancial statements, memoranda and correspondence, that relate
to the receipt ot 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
as.et now held or ever held as principal ot the Estate and/or
Trusts.
2. All documents, inClUding, but not limited to, work papers,
tinancial statements, memoranda, Correspondence and appraisals
that relate to the valuation set by the executors and trustees
ot all property reterred to in Paragraph 1 as ot the time ot
receipt, the present time, or any other time (inclUding, but not
limited to, the time ot any distribution ot principal to, or
withdrawal ot 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 trom the principal or income of the Estate
and/or Trusts, inClUding, but not limited to, executor's and
truste.s' tees and commissions, Counsel tees (inClUding but not
limited to the counsel fee. ot Lisa H. Morgan and Morgan, Lewis
& Bockius, and all other administrative costs of the Estate
and/or Trusts.
II ' ,'..
-, ~.n'.f
4. All documents, including, but not limited to, work, papers,
tinancial ~tatements, memoranda and correspondence that relate
to the receipt ot any income by the Eatate and/or Trusts.
S. All documents, ineludin9, but not limited to, work papers,
tinancial statements, memoranda and correspondence that relate
to the sale or conv.rsion ot any ass.t held as part ot the
income or principal ot the Estat. 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, tederal, state and local income,
.stat., inheritance, real estate and personal prop.rty taxe.,
and assessments and governm.ntal t.... 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 attachm.nts and schedule. filed therewith and
(2) all correspondenc., work papers, financial statements,
appraisals and memoranda relat.d to the above.
7. All documents, including, but not limit.d to, work papers,
tinancial statements, memoranda and correspondence that relate
to any distribution to a ben.ticiary ot any principal and/or
income ot the Estate and/or Trusts (whether by virtue ot a power
of invaSion, power of withdrawal or otherwise) including, but
not limited to the amount and character of the asset$ subject to
each distribution or withdrawal, the justification tor Such
JI / ,,"
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~------
dis~ribu~ion or withdrawal and the valua~ions used to calculate
the amount of such distribution or withdrawal.
a. All documents, inClUding, but not limited to, work papers,
financial s~atements, memoranda and correspondence that relate
to the nature, value and character of any interest ot 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, includinq, 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, includinq, but not limited to, work papers,
financial statements, memoranda and correspondence that relate
to the liquidation ot ~im Company and the disposition of
shares of Union Quarries, Inc.
11. All documents, includinq, but not limited to work papers,
financial statements, memoranda and correspondence tha~ relate
to the manaqement and operation of any interests in real estate
held by the Estate and/or Trusts, includinq, but not limited to,
any fees paid for such manaqement.
u (~!t;t
.
APPENDIX C
Documents and Thinos aeqUested
1. -All documents, includinq, but not limited to, WO~k pap.r~,
tinaneial statements, memoranda and correspondence, that relate
to the receipt ot principal by the Estate and/or Trusts,
ineludinq, 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
as.et 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, correspondenee and appraisals
that relate to the valuation set by the executors and trustee.
ot all property referred to in Paragraph 1 as of the time ot
receipt, the present time, or any other time (inClUding, but not
limited to, the time of any distribution of principal to, or
withdrawal ot principal by, a beneficiary) .
3. All documents, inClUding, but not limited to, work papers,
tinancial statements, memoranda, correspondence, timesheets,
bills and invoices that relate to any past or anticipated
disburse.ent made ~rom the principal or income of the Estate
and/or Trusts, including, but not limited to, executor's and
trustees' fees and commissi~ns, counsel fees (inclUding but not
limited to the counsel fees of Lisa H. Horqan and Morgan, Lewis
, Bockius) and all other administrative costs of the Estate
and/or Trusts.
~~
4. All documents, includinq, 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 docume~ts, includinq, but not limited to, work papers,
~in.ncial statements, memoranda and correspondence that relate
to the sale or conversion of any asset held as part of the
income or principal of the Istate and/or Trusts.
6. All documents that relate to any tax liability ot the Estate
and/or Trusts (whether charqeable to income or principal),
includinq, but not limited to, federal, state and local income,
estate, inheritance, real estate and personal property taxes,
and assessments and qovernmental fees. Sueh doeuments shall
inclUde, but not be limited to (1) all materials filed with
respeet to such taxes, includinq, but not limited to, tax
returns, amended tax returns, requests for extensions and audit
materials, and all attachments and schedules filed therewlth and
(2) all correspondence, work papers, tinancial statements,
appraisals and memoranda related to the above.
1. All documents, includinq, but not limited to, work papers,
financial statements, memoranda and correspondence that relate
to any distribution to a beneticiary of any prinCipal and/or
income of the Estate and/or Trusts (whether by virtue ot a power
ot invasion, power of withdrawal or otherwise) includinq, but
not limited to the amount and charaeter ot the assets subject to
each distribution or withdrawal, the justification tor such
L! 7'/
. .
distribution or withdrawal and the valuations USed to calculate
the amount ot such distribution or withdrawal.
8. All documents, including, but not limited to, work papers,
financial statements, memoranda and eorrespondence that relate
to the nature, value and character of any interest ot the
executors of the Estate and trustees of the Trusts (in their
individual capacities) in any busine.s 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 Roek, Ine. or to its operation ot 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
share. of Union Quarries, Inc.
11. All documents, incLUding, but not limited to work papers,
financial statements, memoranda and correspondence th4t relate
to the management and operation ot any interests in real estate
held by the Estate and/or Trusts, inclUding, but not limited to,
any te.s paid tor such management.
47~
Objector requests answers to his Discovery due to the fact that he is a beneficiary
of the Estate and that pursuant to the case law he is entitled to see all books and records
of the estate and trusts.
~.~~
Robert M. Mumma II
Box 58
Bowmansdale, P A 17008
CERTIFICATE OF SERIVCE
I, Robert M. Mumma II, hereby certify that I served a true and correct copy of the
Discovery Requests by regular mail upon the following parties:
Ivo V. Otto III, Esquire
Martson, Deardorff, Williams & Otto
Ten East High Street
Carlisle, P A 17013
Ralph A. Jacobs, Esquire
Ralph A. Jacobs & Associates LLC
215 South Broad Street, 10th Floor
Philadelphia, P A 19107
Taylor P. Andrews, Esquire
Andrews & Johnson Law Offices
78 West Pomfret Street
Carlisle, P A 17013
Joseph A. O'Connor Jr., Esquire
Brady L. Green, Esquire
Morgan, Lewis & Bockius, LLP
1701 Market Street
Philadelphia, PA 19103-2921
~~~
Robert M. Mumma II