HomeMy WebLinkAbout10-12-05
IN RE: ESTATE OF ROBERT M.
MUMMA, deceased
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
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NO: 21-86-398
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ORDER
~ANDNOW,this-..1ddaYOf ()~+
,2005, upon recommendation of the Auditor
in this case, it is hereby ordered as follows with regard to discovery pertaining to the Objections that
have been filed to the Accounts filed at the docket:
Counsel for the Executrices/Trustees shall file a response to the discovery request of Robert
M. Mumma II that shall be responsive to each particular and specific request. If the response is that
the requested information has been previously provided, the information shall be set forth as to when
and in what context the prior discovery occurred. This response shall be filed with the Clerk of the
Orphans' Court before November 7, 2005 with copies to the Auditor and to all counsel. Each
objection shall be supported by legal authority and written argument.
All documents, records, and other materials that are made available by Executrices/Trustees
in response to the discovery requests of Robert M. Mumma II shall be made available by November
7,2005, and shall be inspected and copied by all Objectors by December 12, 2005. Counsel for the
Executrices/Trustees shall provide the Auditor with a detailed list of the documents and records that
are made available.
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Robert M. Mumma II's response to any objections to the discovery shall be filed with the
Clerk of Orphan's Court by December 12,2005 with copies to the Auditor and all counsel. The
response shall be specific to each objection and shall include legal authorities and written argument.
Taylor P. Andrews, Esq., auditor
V 78 W. Pomfret St.
[} Carlisle, P A 17013
Ivo Otto, Esq.
V) 1 0 East High St.
(/ Carlisle, P A 17013
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..- -.f Joseph A. O'Connor, Jr., Esq. and
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O Brady L. Green, Esq.
<" p Morgan, Lewis & Bockius, LLP
1701 Market St.
(./1 ~ Philadelphia, PA 19103-2921
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? ,? Ralph A. Jacobs, Esq.
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~ i3' 215 S. Broad St., 10th Floor
"7 VI Philadelphia, PA 19107
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V /~ Robert M. Mumma II
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;7 f Box 58
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(Y tv Bowmansdale, P A 17008
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IN RE: ESTATE OF ROBERT M.
MUMMA, deceased
RECEIVED MAY 18 2005/Jri\
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
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NO: 21-86-398
ORDER
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AND NOW, this ~ day of May 2005, upon recommendation of the Auditor in
this case, it is hereby ordered as follows with regard to discovery pertaining to the objections
that have been filed to the accounts filed at the docket:
Any party expressing one or more objections to one or more of the accounts shall
serve his or her discovery requests upon counsel for the estate and related trusts no later than
June 13,2005. Past discovery requests that have not been answered shall be served again.
Copies of all discovery requests shall be sent to the Auditor and docketed of record with the
Clerk of the Orphans' Court.
The Estate and related trusts shall file a response to the requested discovery no later
than July 13,2005, and any discovery that is not subject to an objection shall be provided by
July 28,2005. All objections to the discovery shall be copied to the Auditor and docketed of
record with the Clerk of the Orphans' Court, and shall be supported with a brief setting forth
the legal authorities supporting the objections to the discovery. Any response that the
requested discovery has been previously provided shall specifically state the time, manner
and context of the previous delivery.
EXHIBIT
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A party seeking discovery that is resisted by the estate or trusts shall file a brief with
legal authorities in support of the requested discovery by August 27,2005. This brief shall
be served upon the Auditor as well as all other parties.
1.51
Taylor P. Andrews, Esq., Auditor
78 W. Pomfret St.
Carlisle, PAl 70 I 3
Ivo Otto, Esq.
1 0 East High St.
Carlisle, P A 17013
Joseph A. O'Connor, Jr., Esq. and
Brady 1. Green, Esq.
Morgan, Lewis & Bockius, LLP
1701 Market St.
Philadelphia, PA 19103-2921
Ralph A. Jacobs, Esq.
215 S. Broad St., 10th Floor
Philadelphia, P A 19107
Robert M. Mumma II
Box 58
Bowmansdale, P A 17008
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IN RE: ESTATE OF ROBERT M.
MUMMA, deceased
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO: 21-86-398
AUDITOR'S REQUEST FOR DISCOVERY ORDER
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Auditor, Taylor P. Andrews, Esq., respectfully represents:
1.
Petitioner was appointed auditor in the above estate proceedin~Jj~1ahe Ij~n.
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Wesley 01er, Jr. on January 6, 2005.
2. On April 4, 2005, after a conference with all Parties or their counsel, the Hon. 1.
Wesley Oler, Jr. ordered as follows with regard to discovery:
'" [T]he auditor, within 45 days of today's date, hold a pre-hearing
conference among the interested parties for purpose of recommending an
order with respect to any further discovery in the case and with respect to any
issue presented by the responses of the executrices/trustees to the discovery
requests.
3. Taylor P. Andrews, Esq., Auditor, conducted a pre-hearing conference with
all parties or their counsel on Friday, May 13,2005.
4. As a result of the discussions at the pre-hearing conference Taylor P.
Andrews, Esq., Auditor, requests that the Court enter an order regarding discovery as
is proposed by this filing.
5. It is noted that Robert M. Mumma II expressed objections to discovery
occurring after the appointment of the Auditor and he expressed the contention that
he should have discovery before he is limited in the expression of all of his
objections.
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WHEREFORE, Taylor P. Andrews, Esq., Auditor, respectfully requests that the
Court enter the attached order in regards to discovery.
Taylo . Andrews, Esq., Auditor
78 W. Pomfret St.,
Carlisle, P A 17013
717243-0123
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Breakdown of Robert M. Mumma's discovery request filled June 13, 2005:
67 page filing
Composed of compilation of at least 10 prior requests or filings
Face sheet provided with instructions that seemingly applied to all appended requests and filings
though some of them had their own instructions. Face sheet expressed instructions for
Interrogatories and Requests for production of documents.
Summary of each of included documents or requests:
1 Request to review all books and records of the Estate
Looks like a new document expressing this request
2 Motion to Compel Inspection of All Books and Records
Filed April 22, 2005
redundant to #1 above
3 Letter from Robert M. Mumma II to Ivo V. Otto, Esq. dated April 4, 2005
Another request for broad access to all records
Here the following is referenced: books, records, memoranda, legal opinions,
legal research, files, and all other documents or items relating to the Estate,
the trusts, and any entities owned or controlled by the Estate or trusts.
Another sentence makes clear that access to absolutely everything in the
Estate and trusts was sought.
4 Request for production of documents [single page dated Feb. 9, 2005 under
signature of Daryl E. Christopher, Esq.
Seeks all billing statements and/or invoices of Haile, Shaw & Paffensberger, P.A.
f/k/a/ Haile, Flemming, Shaw, P.A. regarding the firm's representation of the Estate,
their representation of the Executrices, or either of the 2 trusts. To include detailed bills
from 1986 to 2004 for work done by attorneys, paralegals, secretaries, and experts
retained by the firm.
5 6 pages with 6 requests for production. In same form as #4 above, but without any
dates or names of original author.
1 Same as #4 above but relating to billings from Attorney Jordan Fields
2 Same as #4 above but relating to billings from the law firm of Crary, Buchanan,
Bowdish, Bovie, Beres, Elder & Thomas, Chartered, and its predicessor firms.
3 Same as #4 above but relating to billings from Goldberg, Katzman, P.C.
and its predicessor firms.
4 Same as #4 above but relating to billings from the law firm of Boswell, Tinter, Piccola
& Alford, and its predicessor firms.
5 Same as #4 above but relating to billings from the law firm of Saul Ewing, LLP
and its predicessor firms.
6 Single page with 3 requests for production seeking the same information as in #4 and #5
above except as it relates to the following 3 law firms:
Morgan, Lewis & Bockius LLP
Stadley, Ronon, Stevens & Young LLP
Martson, Deardorff, Williams & Otto
EXHIBIT
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7 15 pages with 1 interrogatory on each page. Interrogatories are summarized as follows:
1 identify and value all companies owned since 1986
2 identify the directors and officers of each company
3 seeks detailed compensation information for each director and officer. To be set
forth by each year since 1986
4 Amounts paid to Barbara Mck Mumma and Lisa Mumma Morgan as trustee for each year
5 question about shareholders agreement between RMM and RMM II regarding Highspec, Inc.
6 seeks authority for transfer of shares of High-Spec, Inc. from estate to residuary trust
7 seeks inventory [with values] of estate assets that have not been placed in one of the trusts.
8 seeks list of all estate real estate that was sold at a tax sale, judicial sale, sheriffs sale or
other forced sale, or was repossessed by creditor.
9 Seeks information as to ownership by Executrices or trustees in certain banks and or
other companies.
10 Seeks listing by each year since it was founded of all assests of Mumma Realty I
11 Same as #10 but for Mumma Realty II
12 Same as #10, but for Mumma Realty Associates
13 seeks authority by which assets were distributed to Barbara McK. Mumma directly and not
by way of a trust.
14 seeks # of shares of Hummelstown Quarries, Inc., Nine Ninety-Nine, Inc. and Union
Quarries, Inc. received by Estate as a result of liquidation of Pennsylvania Supply Co.
15 Same as #14 but to be expressed in percentage of ownership.
16 Explanation sought as to estate's ownership of Paxton Street Yards with inquiry as to,
legal description of real estate and tax basis.
8 13 page Petition under signature of attorneys Charles E. Shields, III, Esq. and William C.
Costop%s, Esq. seeking access to certain documents for examination and possible
copying.
The items sought were as follow:
1 All legal opinions and/or advice lelters or memos by Morgan, Lewis & Bockius or
other.attorneys or accoutants or ther advisors or experts rendered to or made
available to the exeutrices or trustees in connection with the estate or the trusts. This
was to include notes made by or for the exectrices or trustees pertaining to legal
opinions or advice. This was to include all such documents that are within the authority
of the executirces and/or trustees to obtain.
2 All opinion and/or advice letters, memos, notes, and the like regarding valuation of
assets of the estate or the trusts rendered by any attorneys or accountants or other
advisors or experts.
3 All opinion and/or advice letters, memos, notes, and the like regarding the prudence
or advisability of any sale or any transfer of any assets of the estate or trusts rendered
by any attorneys or accountants or any other advisors or experts.
4 All opinion and/or advice letters, memos, notes and the like regarding the funding of the
trusts under the will of Robert M. Mumma, and the advisability of he withdrawal of any
assets or any specific assets from the trusts rendered by any attorneys or accountants
or ather advisors or experts
5 All opinion and/or advice letters, memos, notes and the like 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 capacities or as officers, directors
or employees of any corporation, tenancies in common, partnerships, joint ventures, or
any other form of association or entity whre they have an interest in the same by virtue
of their holdings in the estate or trust.
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6 All billings, fees, expense statements and the like rendered to the estate or the trusts
attorneys, accountants and/or any other experts or advisors and also itemized billings
and time sheets to show the legitimacy of the billings, fees, expense statements and
the like.
7 Copies of all fire and/or casualty insurance policies that relate to personal property that
was at any time part of the estate or trusts or which still are.
S Access to all orignial stock certificates held by or issued to the executrices/trustees
and stock books or ledgers of all the family corporations.
9 Petition [1 1/2 pages) for documents showing present or prior ownership of shares in
the following entitles: Lebanon Rock, Inc., High Spec, Inc., Pennsylvania Supply
Company, BobaU Corporation, Kim and Kin and Kim Company.
The only Information sought in the petition was the documents relied upon in filing the
Estate Tax return.
10 6 page Petition to Compel Production of Documents signed by James R. Ledwith, Esq.
of Pepper Hamilton & Sheetz and John B. Fowler III, Esq.. Seemingly was filed in 1989.
The following information is sought (in summary):
Appendix B contains 11 numbered requests for a broad list of documents relating to the
assets in the estate and relating to counsel fees and other administration costs.
Appendix C - similar to Appendix B
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IN RE: ESTATE OF ROBERT M.
MUMMA, deceased
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO: 21-86-398
CERTIFICATE OF SERVICE
I hereby certifY that on this date, October ~, 2005, I mailed a copy of AUDITOR'S
INTERIM REPORT, OCTOBER 2005 to the following persons at the following addresses by U.S.
Mail, postage prepaid:
Ivo Otto, Esq.
10 East High St.
Carlisle, PAl 70 13
Joseph A. O'Connor, Jr., Esq. and
Brady L. Green, Esq.
Morgan, Lewis & Bockius, LLP
1701 Market St.
Philadelphia, PA 19103-2921
Ralph A. Jacobs, Esq.
215 S. Broad St., 10th Floor
Philadelphia, PAl 9107
Robert M. Mumma II
Box 58
Bowmansdale, PAl 7008
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