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Home My WebLink About10-07-08COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~J ..::~ :7 - IN RE ESTATE OF NO. 21-86-398 _ ~.~ _, ROBERT M. MUMMA, _ -- ~, Deceased ORPHAN'S COURT llIViSION =~ __ ~ . . EMERGENCY MOTION OF JOSEPH A. O'CONNOR, .1 R. ~-~~ FOR PROTECTIVE ORDER Joseph A. O'Connor, Jr., Esquire moves as follows for a protective order with respect to a subpoena served upon him by Robert M. Mumma, II: I. On or about September 30, 2008, Robert M. Mumma, II purported to serve the attached subpoena and notice of deposition (the "Subpoena") upon Mr. O'Connor. 2. Mr. O'Connor is a former partner at Morgan, Lewis & Bockius LLP ("Morgan Lewis'') 3. While a partner at Morgan Lewis, and continuing through the present, Mr. O"Connor has advised Barbara McK. Mumma and Lisa M. Morgan on various issues and matters in their capacities as executrices of and trustees under the will of Robert M. Mumma, deceased. 4. On September 24, 2008, James Gault, Esquire, whom Mr. O'Connor understands to be LAW OFFICES SNE~BAKER 8C BRENNEMAN. P.C. a lawyer acting on behalf of Mr. Mumma, II, emailed counsel for Mrs. Mumma and Mrs. Morgan advising that Mr. Mumma, II sought to depose Mr. O'Connor and two other individuals pursuant to the Court's Order dated August 28. 2008 regarding Mr. Mumma, II's motion to disqualify counsel for Mrs. Mumma and Mrs. Morgan. 5. On September 25, counsel for Mrs. Mumma and Mrs. Morgan responded to the email. 1 ~~ stating that `[w]e are willing to discuss potential timing of dates for a deposition" of Mr. O'Connor, and asking Mr. Gault to "clarify what you anticipate to be the scope of appropriate examination of Mr. O'Connor in this context." The message asked Mr. Gault to "contact me to discuss these depositions so that we can see if there are grounds for agreement." 6. Neither Mr. Gault nor Mr. Mumma responded to the September 25 email. 7. Instead, Mr. Mumma, II purported to serve the Subpoena on Mr. O'Connor, requiring Mr. O'Connor to appear for deposition in Lemoyne, Pennsylvania on Monday, October 13, 2008. 8. Mr. O'Connor is Executive Director of the E. Rhodes and Leona B. Carpenter Foundation (the "Carpenter Foundation"), a large, non-profit charitable foundation. 9. The long-scheduled semi-annual meeting of the board of the Carpenter Foundation is scheduled to commence on Sunday, October 12 in Worcester, Massachusetts. The meeting will continue through Thursday, October 16 or Friday, October I7. Mr. O'Connor must, as executive director, attend and chair the meeting. 10. As a consequence of his obligations with the Carpenter Foundation, Mr. O'Connor is unable to appear for deposition in Lemoyne on October 13. 11. In light of Mr. O'Connor's prior out-of--state obligations and unavailability on October 13, counsel for Mrs. Mumma and Mrs. Morgan wrote to Mr. Gault and Mr. Mumma, II on October 3 as follows: It is my understanding that Mr. Mumma, II has purported to notice the deposition of Joseph O'Connor in this matter for October 13, 2008. This notice comes despite the invitation in my email [of September 25] to discuss timing and scope of any deposition by Mr. O'Connor, to which I have not received any response from you or Mr. Mumma, II. Rather, more than a month after the entry of the order setting the deadline for depositions, Mr. Mumma, II has unilaterally purported to pick the time and place for a deposition. LAW OFFICES SNELBAKER BC BRENNEMAN, P.C. 2 Mr. O'Connor has not yet been served with any subpoena, and therefore is not, as of this time, obligated to appear. As a non-party, he is under no obligation to attend in the absence of a subpoena. Even if a subpoena ultimately had been served, Mr. O'Connor is not available to be deposed on October 13. We remain willing to attempt to arrange a date for a deposition of Mr. O'Connor in this matter. Mr. O'Connor has some availability during the weeks of October 20 and October 27. As this would be after the Court's deadline for completion of depositions, we would be willing, if a time and place can be agreed upon, to submit a joint request to the Court for leave to proceed with the deposition after the deadline. Also, as noted below, it would seem that the scope of any deposition of Mr. O'Connor relating to the issues in Mr. Mumma, II's pending motion to disqualify would be very limited. We are mindful of requests by Mr. Mumma, II to depose Mr. O'Connor more generally in this and another matter, and we are willing to discuss, for efficiency's sake, a single deposition covering all matters and issues. Please advise immediately as to whether you are interested in discussing scheduling of a deposition of Mr. O'Connor in accordance with the foregoing. 12. As of the filing of this motion, neither Mr. Mumma, II nor Mr. Gault has responded to this correspondence. Accordingly, for purposes of C.C.R.P. 208.2(d), neither Mr. Mumma. II nor Mr. Gault consent to this Motion. 13. The Subpoena purportedly served upon Mr. O'Connor did not include a check in the amount of one day's attendance and round trip mileage as required by Pa.R.C.P. 234.2. 14. The Honorable J. Wesley Oler, Jr. has ruled upon other discovery issues in this case. LAW OFFICES SNELBAKER SC BRENNEMAN. P.C. WHEREFORE, Joseph A. O'Connor, Jr., by his attorneys, Snelbaker & Brenneman, P.C., respectfully requests that the Court enter a Protective Order that Mr. O'Connor may not be deposed by Robert M. Mumma, II on October 13, 2008. Snelbaker & Brenneman. P.C. /l~~ Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 Attorney ID No. 47077 Date: October 7, 2008 4 LAW OFFICES SNELBAKER 8f BRENNEMAN, P.C. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND x ;Docket No . Z 1 - ~(; -- ~ ~~ SUBPOENA TO ATTEND AND TESTIFY ,-- i ~ _ - - ~ iu` ~ ~'^~ U a iGit T i; "t nab ~ `' _.~__.~.__ rv$ {~~iinrlei...~v!~i: D~ f~lb~w ~~7.21 1. Youy~are or~dgere"d~ b{y the court to come to / ~'`~ ~~/ "~ '`J~vr•ittf t~T ~ fi`~+''~'•° ~I, U ~~.L f ~ti~ I ~i~jC2 C1'• KCl~rr ++q .~v~t~c.w~t,, -LF• / (Specify Courtroom or other place) at r r ~e ~~e l~e,:~z<-s~n~ County, Pennsylvania, on ~7c:~ der ~ 3 ,1-~ok at ~ : c;~v o'clock, ~ M, to testify on behalf of Giza;-1- r(. i~fv.r.•,a; :~ in the above case, and to remain until excused. 2. And bring with you the following: __ If~you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Ruie 234.5 of the Pennsylvania [toles of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. Requested by: ~- , Name: ~,, .;~ Address: ~~;.~ Telephone: t~ ~ -- ~, c y- ~ e ~~ Supreme Court 1D: .~,v S+`.. ----- i - BY THE COURT Date: ~'~"~'~I~-!'.~. Register of Wi11srCIerk of Orphans' Courr. ~ ~~` ~r~~ ~ ~ ~`~ ~}- Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. irr compliance with Pa R.C.P.No.234.1, if a subpoena for a production of documents, records or things is desired, complete paragraph 2. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPI-TANS' COURT DIVISION IN RE: THE ESTATE OF ROBERT M. MUMMA, DECEASED NO. Z1-8b-398 • OR.1'HANS' COURT NOTICE TO: Joset~h A O'Connor Tr Esa The enclosed subpoena is served pursuant to Pa R. C. P. 234.2 complete the Acknowledgment part of this form and return the copy o th}e3 ompl ted form #o the sender in the enclosed self-addressed stamped envelope. Sign and date the Acknowledgment. If you are served an behalf of a partnership, unincorporated association, corporation or similar entity, indicate under your signature your relationship to that entity. If you aze served on behalf of another person and you are authorized to receive the subpoena, indicate under your signature your authority ` 1 ! A~ DATE NOTICE MAILED: September 30, 2008 ~ '~ ~~~~~~~~~~s Robert M. Mumma, II Box 58 Bowmansdale, PA 17008 (717)612-9720 PRO SE ACKNO~-'VLEDGMENT OF RECEIPT QF SUBPOENA I acknowledge receipt of a copy of the subpoena in the above-captioned matter. DATE: Signature Relationship to entity or authority to receive the subpoena (if applicable} ,,: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: THE ESTATE OF ROBERT M. MUMMA, DECEASED NO. 21-$6-398 • ORPHANS' COURT NQTIC_E 4F DEPOSITION ~Il~~ TO: George B. Faller, Jr., Esquire No V. Otto, III, Esquire Martson Law Offices I0 East High Street Carlisle, PA 17013 Brady Green, Esquire Morgan, Lewis & Bockius, LLP 1701 Market Street Philadelphia, PA 19103-2921 Ralph Jacobs, Esquire 15 i 5 Market Street -Suite 705 Philadelphia, PA 19102 Linda Mumma Roth PO Box 480 Mechanicsburg, PA 17055 PLEASE TAKE No-TICE that the undersigned will take the deposition of .ioseph A. O'Connor, Jr., Esq. on. Monday, October 13, 200$ beginning at 9;00 a.m. The deposition will take place at the offices of Robert M. Mumma, ii, 840 Mazket Street, Suite 164, Lemoyne, Pennsylvania, i 7043, before a Court Reporter duly authorized by law to administer oaths. The deposition will be taken pursuant to the Pennsylvania Orphans' Court Rules and Rules of Civil Procedure and will continue from day to day until completed. In accordance with Rules 234.1 et seq, of the Pennsylvania .Rules of Civil Procedure, and Rule 3.6 of the Pennsylvania Orphans' Court Rules, and other applicable rules, the Deponent shall bring with him to the deposition the following documents: Dated: September 30, 2008 ~~ic5~~~~~~Z~,,z f,~ ., l~t.~trff,~3 Robert M. Mumma, II BOX J`8 Bowmansdale, PA 17008 (717) 612-9720 PROSE CERTIFICATE OF SERVICE On this 30th day of September 2008, I, Robert M. Mumma, II, hereby certify that a copy of the foregoing document was caused to be served by U.S. Mail, first class, postage prepaid, addressed to: George B. Faller, Jr., Esquire No V. Otto, III, Esquire 10 East High Street Carlisle, PA 17013 Brady Green, Esquire 1701 Market Street Philadelphia, PA 19103-2921 Ralph Jacobs, Esquire 1515 Market Street -Suite 705 Philadelphia, PA 19102 Linda Mumma Roth PO Box 480 Mechanicsburg, PA 17055 Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 ,--- , ~~, /~, ~ ~~~ ~.~~~ c~r Robert M. Mumma, II PRQ SE CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Motion to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID ADDRESSED AS FOLLOWS: Robert M. Mumma, II Box 58 Bowmansdale, PA 17008 James G. Gault, Esquire 503 Magaro Road Enola, PA 17025 George B. Faller, Jr., Esquire No V. Otto, III, Esquire 10 East High Street Carlisle, PA 17013 Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 Brady Green, Esquire Morgan, Lewis & Bockius, LLP 1701 Market Street Philadelphia, PA 19103-2921 Ralph Jacobs, Esquire 1515 Market Street Suite 705 Philadelphia, PA 19102 Linda Mumma Roth P. O. Box 480 Mechanicsburg, PA 17055 i/~_ Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Date: October 7, 2008 LAW OFFICES SNELBAKER EC BRENNEMAN. P.C. CERTIFICATE OF SERVICE I, Ralph A. Jacobs, certify that on October 12, 2007, I caused a copy of the foregoing Notice of Change of Address to be served by first class U.S. mail upon: No V. Otto, III, Esquire Martson Deardorff Williams & Otto, P.C. Ten East High Street Carlisle, Pennsylvania 17013-3015 Brady L. Green, Esquire Michael J. Riffitts, Esquire Morgan, Lewis & Bockius LLP 1701 Market Street Philadelphia, PA 19103-2921 Kirk S. Sohonage, Esquire Daryl E. Christopher, Esquire Sohonage & Christopher P.O. Box 480 Camp Hill, PA 17001 Robert M. Mumma, II, pro se c/o Sohonage & Christopher P.O. Box 480 Camp Hill, PA 17001 Taylor P. Andrews, Esquire Andrews & Johnson 78 West Pomfret Street Carlisle, PA 17013-3216 ~~ Ralph A. Jacobs