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F:\FILESIDAT AFILEIMumma 5844 I (estate) 8747 (Kim)\5844.I.Mumma Estate\5844. Imotion.protectiveorder.deposition\mas
Created: 9/20/04 0:06PM
Revised: 2/12/07 3'37PM
5844.4
George B. Faller, Jr., Esquire
J.D. No. 49813
Ivo V. Otto, III, Esquire
J.D. No. 27763
MARTS ON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for the Estate
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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. 1986 - 0398
ESTATE'S MOTION FOR PROTECTIVE ORDER
AND NOW come Barbara McK. Mumma and Lisa M. Morgan, Executrices of the Estate of Robert
M. Mumma, deceased, and Trustees under his Will (hereinafter "The Estate"), by and through their
attorneys, MARTS ON DEARDORFF WILLIAMS OTTO GILROY & FALLER, move this Court to enter
a protective order, and in support thereof, aver as follows:
1. With the sincere intention of moving things forward, the Estate has made available
thousands of documents in discovery to RMMII to enable him to prepare his objections.
2. Additionally, the Estate has permitted RMMII to depose both Ms. Barbara McK. Mumma
and Ms. Lisa M. Morgan.
3. The deposition of Ms. Barbara McK. Mumma occurred January 24,2007 and the deposition
of Ms. Lisa M. Morgan occurred on January 25, 2007. RMMII was given a full day to depose each
individual.
4. Although the parties have agreed to provide RMMII an additional opportunity to depose
Ms. Barbara McK. Mumma and Ms. Lisa M. Morgan, the Estate is seeking a protective order so these
depositions do not go on indefinitely.
5. The Estate asserts that an additional two to four hours of deposition testimony of Ms.
Barbara McK. Mumma is sufficient for RMMII to explore his claims. Similarly, an additional day (six
hours) of deposition testimony of Ms. Lisa M. Morgan is sufficient for RMMII to explore his claims.
6. The Estate therefore requests that this Court enter an Order restricting the upcoming
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depositions of Ms. Barbara McK. Mumma and Ms. Lisa M. Morgan to four hours and one day respectively.
7. Additionally, the Estate requests that the upcoming depositions be held in Florida.
8. The Estate is willing to cover the reasonable costs of implementing this restriction by
reimbursing the parties for the same, if the Court feels that the expense is proper. However, the Estate
requests that this Court review the reimbursement requests for reasonableness before the Estate will be
charged with satisfying them.
9. Additionally, the Estate seeks an Order from this Court declaring that the reimbursement
of such expenses is a necessary and proper estate administration expense.
WHEREFORE, Defendants respectfully request that the Court:
A. Enter an Order restricting the upcoming depositions of Ms. Barbara McK. Mumma and Ms.
Lisa M. Morgan to four hours and one day (six hours) respectively;
B. Require the upcoming depositions of Ms. Barbara McK. Mumma and Ms. Lisa M. Morgan
occur in Florida and that the Estate shall bear the reasonable costs associated with holding
those depositions by reimbursing the parties for expenses incurred in connection with the
same. Application for reimbursement will be submitted with this Court for a determination
of reasonableness.
C. The Estate's reimbursement of the reasonable costs incurred by the parties in the holding
of the upcoming depositions shall be considered a necessary and proper estate
administration expense.
By:
George B. Faller,
I..D. No. 49813
Ivo V. Otto, III, Esquire
J.D. No. 27763
MARTS ON DEARDORFF WILLIAMS OTTO
GILROY & FALLER
MARTSON LA W OFFICES
10 East High Street
Carlisle, P A 17013
(717) 243-3341
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Brady L. Green
MORGAN, LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, P A 19103-2921
(215) 963-5079
Attorneys for the Estate
Date: February 12,2007
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CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of Marts on Deardorff Williams Otto Gilroy & Faller, hereby
certify that a copy ofthe foregoing Estate's Motion for Protective Order was served this date by depositing
same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Robert M. Mumma, II
Box 58
Bowmansdale, P A 17008
Pro Se
Robert M. Mumma, II
6880 S.E. Harbor Circle
Stuart, FL 34996
Pro Se
Linda Roth Mumma
512 Creekview Lane
Mechanicsburg, P A 17055
Pro Se
Ralph A. Jacobs, Esquire
215 South Broad Street
Philadelphia, PAl 91 07
Counsel for Barbara Mann Mumma
MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER
BY~i'l,Q~~
M. Price
10 ast HIgh Street
Carlisle, P A 17013
(717) 243-3341
Date: February 12,2007
Attorneys for the Estate
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