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Home My WebLink About02-11-08F.\FILES\Clients\Mumma 5844.](estate) 8747 (Kim)\5844.LMumma Estate\5844-1398.res2 Created: 9/20/04 0:06PM Revised: 2/11/08 930AM 5844.1 No V. Otto, Esquire LD. No. 27763 George B. Faller, Jr., Esquire ` LD. No. 49813 , ~'. MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER -_-_-_ MARTSON LAW OFFICES 10 East High Street .. . Carlisle, PA 17013 `.•? ' ' (717) 243-3341 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA In Re: NO. 21-86-398 Estate of Robert M. Mumma, ORPHAN'S COURT DNISION Deceased RESPONSE OF BARBARA McK. MUMMA AND LISA M. MORGAN TO MOTION OF ROBERT M. MUMMA, II FOR EXTENSION OF TIME TO FILE EXPERT REPORTS AND/OR SUPPLEMENTAL OBJECTIONS AND COMES, Barbara McK. Mumma and Lisa M. Morgan, by and through their counsel, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby respond as follows to the motion of Robert M. Mumma, II for an extension of time to file expert reports and/or supplemental objections: 1. Admitted that Petitioner is currently acting pro se. 2. Denied as stated. To the contrary, a disclaimer was filed in this matter on or about January 6, 1987, whereby the Petitioner disclaimed any interest in the above-captioned Estate. The Court has not issued a final ruling on the effect of that disclaimer, as indicated in the Auditor's letter of September 26, 2005. 3. After reasonable investigation, the Answering Party is without knowledge or information sufficient to form a belief as to the truth or falsity of this averment. Proof is demanded. 4. Denied as stated. To the contrary, see the averments of Paragraph 2 which are hereby incorporated by reference. 5. Admitted that Judge Oler has previously decided motions. 6. Denied as stated as the allegations pertain to a written filing of record that is in writing and speaks for itself. 7. Admitted. 8. Denied. Judge Oler's prior Orders speak for themselves. Any implications or inference intended by Petitioner's selective quotation(s) are hereby denied. 9. Admitted that Judge Oler presided over a Status Conference on October 3, 2007. 10. It is admitted that after the Status Conference, Judge Oler issued an Order dated October 3, 2007. 11. Admitted that a deposition notice was sent. A copy of that deposition notice is hereby attached as Exhibit "A." The legal conclusions in the Petition are denied. By way of further response, Mr. Mumma failed to comply with the requirements of the applicable rules of procedure in serving the subpoena. 12. Denied as stated. The Auditor was responding to a letter sent by counsel which is attached hereto as Exhibit "B", a copy of which was sent to Mr. Mumma. The letter to the Auditor expressed concern about the documents which were to be produced by Mr. O'Connor at his deposition, in light of the history of document production to date in this matter under the supervision of the Auditor. 13. The averments of this Paragraph constitute a conclusion of law to which no response is required. 14. It is denied that Petitioner served copies of said letter upon all interested parties and counsel. The remaining averments of this Paragraph are admitted, although the veracity and propriety of the items requested is not. 15. The letters to which Petitioner refers are documents which speak for themselves. It is denied that the Auditor did not respond. To the contrary, the Auditor sent a letter dated January 25, 2008, seeking dates to schedule said conference. That letter is hereby attached as Exhibit "C." 16. Admitted that no response was forthcoming from Judge Oler because nothing was filed. It is denied that any extension of time would be reasonable since Petitioner has had years to take discovery and to prepare additional objections and his expert reports. 17. It is denied that there was any "unilaterally truncated" discovery. In addition, it is denied that an expert report will be necessary in order for the Auditor to fully comprehend those questions of fact for which he was originally appointed. If, however, this is true, such expert reports have since been supplied after the deadline for such reports passed. 18. It is admitted that the Respondent has received two expert reports authored by Robert C. May. The remaining averments of this Paragraph are denied. 19. Denied. To the contrary, any additional extension of time will unduly delay the case and violate the Court's Order setting deadlines for completion of various pre-hearing matters. By way of further response, Mr. Mumma offers absolutely no explanation as to how any testimony of Mr. O'Connor is expected to relate to any issues in the case or contemplated objections. 20. Admitted that concurrence of counsel was not sought. WHEREFORE, Respondents Barbara McK. Mumma and Lisa M. Morgan request that this Honorable Court deny the application for extension of time. TSON LAW OFFICES No V. O ,t ~ ,Esquire LD. No. 27763 George B. Faller, Jr., Esquire I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: February 11, 2008 Attorneys for Barbara McK. Mumma and Lisa M. Morgan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: THE ESTATE OF ROBERT M. MUMMA, DECEASED NO. 21-86-398 ORPHANS' COURT NOTICE OF DEPOSITION DUCES TECUM TO: George B. Faller, Jr., Esquire No V. Otto, III, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 717-243-3341 Brady Green, Esquire Morgan, Lewis &Bockius, LLP 1701 Market Street Philadelphia, PA 19103-2921 215-963-5079 Ralph Jacobs, Esquire 215 South Broad Street Philadelphia, PA 19107 PLEASE TAKE NOTICE that the undersigned will take the deposition of Joseph A. O'Conner, Jr., Esquire, of Morgan, Lewis &Bockius, LLP, 1701 Market Street, Philadelphia, Pennsylvania, 19103-2921, on January 23, 2008 beginning at 9:00 a.m. The deposition will take place at the offices of Robert M. Mumma, II, 840 Market Street, Suite 164, Lemoyne, .Pennsylvania, 17043, 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. Exhibit "A" In accordance with Rules 234. I et seq. of the Yemisylvania 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: See Exhibit A attached to the within subpoena issued by the Orphans' Court dated December 3, 2007. Dated: ,~ ~ ~/~1 - ~- Robert M. Mumma, II In Pro Se Box 58 Bowmansdale, PA 17008 (717) 612-9720 CERTIFICATE OF SERVICE On this (~~' ~~ ay of December 2007, I, Daryl E. Hewitt, Assistant to Robert M. Mumma, II, hereby certify that I served the foregoing document by U.S. Mail, first class, postage prepaid, addressed to: Ralph Jacobs, Esquire 215 South Broad Street Philadelphia, PA 19107 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 Taylor Andrews, Esquire Court-Appointed Auditor 78 West Pomfret Street Carlisle, PA 17013-3216 Dated: December -° , 2007 Daryl E. Hewit COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ `~ U 1`1 ~f j~ j 7C ~ ~A S ~ =,D. :Docket Nci~ /-' ~ ~ G - 3 SUBPOENA TO ATTEND AND TESTIFY To: Joseph A. O'Connor, Jr., Esq. Moran, Lewis & Bockius, LLP 1701 Market Street, Philadelphia, PA 19103 1. You are ordered by the court to come to the offices of Robert M. Mumma, II, 840 Market Street. Suite 164. Lemoyne (Specify Courtroom or other place) at Cumberland County, Pennsylvania, on January 23, 2007 at 9:00 o'clock, A M, to testify on behalf of Robert M. Mumma, II in the above case, and to remain until excused. 2. And bring with you the following: lsee Attached Exhibit Al 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 Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. Requested by: Name: Robert M. Mumma, II Address: Box 58 Bowmansdale, PA 17008 Telephone: (717) 612-9720 Supreme Court ID: iJ~A BY THE COURT, .- °~ Date: ~'~ ~~~~_~~ ~Q ~ (~ ~ ~~~L~"~~, ~ ~,~~ ~i'l(%a '~ ~ (C~- Register of Wills/Clerk of Orphans' Court ~ /,~ 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. in compliance with Pa R.C.P.No.234. l . If a subpoena for a production of documents, records or things is desired, complete paragraph 2. EXHIBIT A Documents Requested for the Time Period Encompassing 1986 through ?007• I. Any and all invoices, time sheets, time records, and/or similar billing information concerning or pertaining to legal services rendered by Morgan, Lewis &Bockius for or on behalf of the Estate of Robert M. Mumma, including, but not limited to, all matters regarding the Estate, the Executrices of the Estate, the Marital Trust, the Residuary Trust, the Trustees of said Trusts, and any and all litigation or other legal services associated therewith; II. Any and all correspondence, communications, documents, drafts, originals, court filings, memoranda, records, file materials, fax transmissions, and/or any related written materials in the possession or control of Morgan, Lewis &Bockius, whether submitted to or exchanged with another party, non-party, law firm, attorney, and/or any officer or agent of any court, respecting or concerned with in any manner whatsoever any disclaimer or revocation thereof related to the Estate of Robert M. Mumma, including, but not limited to, any disclaimer or revocation thereof associated with Robert M. Mumma II; III. Any and all correspondence, communications, documents, records, file materials, and/or related written materials prepared by Morgan, Lewis &Bockius, including, but not limited to, those submitted to or exchanged with any or all of the following: a. the Estate of Robert M. Mumma, the Executrices of the Estate, the Marital Trust, the Residuary Trust, and/or the Trustees of said Trusts; b. the law firm of Stradley, Ronen, Stevens & Young, or its predecessors or successors in interest, or any attorneys or staff employed by or associated therewith; c. the law firm of Gibson, Dunn & Crutcher, or its predecessors or successors in interest, or any attorneys or staff employed by or associated therewith; d. the law firm(s) of Boswell, Snyder, Tinter &Piccola, or Boswell, Tinter, Piccola & Wickershan, or Boswell, Tinter, Piccola & Alford, or any predecessors or successors in interest thereto, or any attorneys or staff employed by or associated therewith; e. the law firm(s) of Manson, Deardorff, Williams & Otto, or Manson, Deardorff, Williams, Otto, Gilroy & Faller, or The Manson Law Offices, or any predecessor or successor in interest thereto, or any attorneys or staff employed by or associated therewith; f. the accounting firm of Luckey, Kennedy & Felmeden, or its predecessors or successors in interest, or any accountants or staff employed by or associated therewith; g. the Pennsylvania Department of Revenue; h. the Internal Revenue Service; i. the Florida Department of Revenue; j. Dauphin Deposit Bank & Trust and any of its successors, including, but not limited to, AllFirst and M&T, and/or any similar predecessors or successors in interest thereto; k. Corestates and/or any of its predecessors or successors in interest thereto; 1. Fulton Bank and/or any of its predecessors or successors in interest thereto; m. Harris Savings and/or any of its predecessors or successors in interest thereto; IV. Any and all documents, records, correspondence, communications, reports or related corporate records in the possession or control of Morgan, Lewis & Bockius concerning or pertaining to the following corporate entities, including, but not limited to, any or all due diligence reports, stock books, share records, stock ledger books, minutes of directors' meetings, memoranda or correspondence from officers, directors, or shareholders, or attorneys representing same, shareholder agreements, buy-sell agreements, stock split agreements, marital trusts, corporate by-laws and amendments thereto, revocation agreements, disclaimers, plans of mergers, corporate meetings minutes, Pennsylvania Department of State records, Pennsylvania Department of Revenue records, IRS records, plans of division, corporate name changes, cancellation of stock, tax returns, and estate transfers, including any predecessors or successors in interest to the following corporate entities: a. Pennsylvania Supply Company; b. Fiala Crushed Stone Corporation; c. Pennsy Supply Inc. (no comma); d. Pennsy Supply, Inc. (comma); e. Kim Company; f. Bobali Corp.; g. Middle Park, Inc.; h. High-Spec., Inc.; i. CRH, plc; j. Nine Ninety-Nine, Inc.; k. Ten-O-One, Inc.; 1. Kodie Acquisition Corporation; m. MRA I; n. MRA II; o. D-E Distribution Company; p. ILimbob, Inc.; q. G.A.T.; r. Gemini Equipment; s. Hummelstown Quarry, Inc.; t. Elco Concrete Products; u. Any related or similaz business or corporate entity associated with the Mumma family enterprises. MARTSON LAW OFFICES C-~ri r.;; i . Pi~.~~s~~~ ~~~~i ~ f~l)1.~ T~ .ri~u~~~i~. i" L j 3~3-3 ~~I I~~r'i~_K~t'r ~~~~~c.nuirtsonla~~.a>m January 9, 2008 VIA FACSIMILE (717-243-0061 Taylor P. Andrews, Esquire ANDREWS & JOHNSON 78 West Pomfret Street Carlisle, PA 17013 (~iEt~ B. t~, ~~~1 ir, lii l:u~t~sC~ ~I'nIR I~.. Ri~7 Z'Fk)Af..A~ J. ~~~II~.L1,A6` til "I~FI T. 1IU~1-RI 1 h~c~ ~'. O~~~~~, li] ~:'RL Ill l? Fi ui..~~;ih HLLtI-RT Z. GI7 ,Ri it h~vT!l. I. ~1_A AVC lI I. ~~3ClA RD L,I.IXl ll-lEll l.It'l1. ~ill:11. ~S I'1-~=1:\I.[ti'I' RE: In re: Estate of Robert M. Mumma, Deceased No. 21-86-398 Orphan's Court -Cumberland County C.C.P. Our File No. 5844.1 Dear Taylor: We recently received the attached deposition notice from Robert M. Mumma, II, in the above-referenced matter in which you serve as auditor. The deposition notice refers to a deposition of Joseph A. O'Connor, Jr., Esquire, scheduled for January 23, 2008. As you may recall, Mr. O' Connor is an attorney with Morgan, Lewis & Bockius, LLP, which acts as counsel for Barbara McK. Mumma and Lisa M. Morgan in this matter. It is our understanding that Mr. O'Connor has received the subpoena. The notice and subpoena raise a number of issues we believe should be addressed prior to any deposition. Among other things, the subpoena calls for production by Mr. O'Connor of numerous categories of documents, notwithstanding the fact that extensive production of documents from the files of his firm already have been produced in response to discovery previously served as part of the process you have overseen since January 6, 2005. The document request accompanying the subpoena appears to be an attempt to reopen this process and to extend the scope of discovery, on a very limited time frame and well after the relevant deadlines, beyond that permitted by your prior rulings and orders on the matter. We did not have a chance to voice these concerns or raise any objections in advance of the service of the subpoena, as it does not appear that Mr. Mumma complied with the requirements of Pennsylvania Rules of Civil Procedure 4009.21, et sec . Also, we have received correspondence from Ralph Jacobs, Esquire, counsel for Barbara Mann Mumma, indicating that he is not available on January 23, and it is our understanding that Mr. Mumma did not consult with him regarding the date for the deposition. A copy of Mr. Jacobs' letter is attached. I wFOR~i.~Tio~ Anvzc~. ,~nvoc.~c~- ~;`~ Exhibit "B" Taylor P. Andrews, Esquire January 9, 20U~ Page 2 On behalf of Mrs. Mumma and Mrs. Morgan, we request that you set a telephone conference to discuss the foregoing issues relating to the subpoena. Please let me know if this letter is sufficient for us to schedule a telephone conference, or whether we should file a formal motion on these issues. In either event, we request that you confirm that Mr. O'Connor is not required to appear for deposition on January 23, pending resolution of the scheduling and other issues. Very truly yours, M S~N LAW OFFICES ,~ ~` ~~-~1 ~,r~ eorge B. ~`aller, Jr. GBF/mas Enclosure cc: Mr. Robert M. Mumma, II Ralph A. Jacobs, Esquire Brady L. Green, Esquire Ms. Lisa M. Morgan F'~EILES\Clients\Mumma 5844ltestate) 8747(Kim)F5844.I.Mumma Estate\5844. L398.ta.6 F l) {Z .4I 1 T' r t) V ' .~ t> >. t t' Y • :~ D ~~ c) t_. :~ (' ~. ANDREWS & JOHNSON Attorneys at Law 78 West Pomfret Street Carlisle, PA 17013-3216 TAYLOR P. ANDREWS RONALD E. JOHNSON January 25, 2008 George B. Faller, Esq. & No V. Otto, III, Esquire 10 East High Street Carlisle, PA 17013 fax: 243-1850 Telephone (717} 243-0123 Telefax (717) 243-0061 Robert M. Mumma II In Pro Se Box 58 Bowmansdale, PA 17008 fax: 612-9722 Joseph A. O'Connor, Jr,, Esquire and Ralph A. Jacobs, Esquire Brady L. Green, Esquire 1515 Market Street, Ste. 705 1701 Market Street Philadelphia, PA 19102 Philadelphia, PA 17103-2921 fax: 215-?89-3113 fax: 215 963-5001 RE: In re Estate of Robert M. Mumma, Deceased No. 21-86-398 (O.C. Cumberland) Gentlemen: I submit the following dates for your consideration for a Conference in the above referenced matter. Please indicate which of these dates you are not available. I am not asking for your preference, but rather, I am asking for your conflicts. February 13, 2008 a.m. or p.m. February 14, 2008 a.m. or p.m. February 15, 2008 after 10:30 a.m. or p.m. February 20, 2008 after 10:30 a.m. or p.m. February 21, 2008 a.m. or p.m. February after 10:30 a.m. or p.m. February 25, 2008 a.m. or p.m. February 27, 2008 a.m. or p.m. February 28, 2008 only in the a.m. February 29, 2008 a.m. or p.m. March 3, 2008 a.m. or p.m. March 5, 2008 a.m. or p.m. March 6, 2008 a.m. or p.m. March 7, 2008 a.m. or p.m. I also ask that you indicate your preference for a teleconference meeting or a face to face meeting. Exhibit "C" Page 2 January 25, 2008 Please respond to me as quickly as possible so that I may put this on the schedule. Very truly yours, ANDREWS & JOHNSON Taylor P. Andrews, Esq., Auditor TPA:ss cc: Hon. J. Wesley Oler CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent of Martson Law Offices, hereby certify that a copy of the foregoing Response of Barbara McK. Mumma and Lisa M. Morgan to Motion of Robert M. Mumma, II for Extension of Time was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Robert M. Mumma, II P.O. BOX 58 Bowmansdale, PA 17008 Mr. Robert M. Mumma, II 6880 SE Harbor Circle Stuart, FL 34996 Brady L. Green, Esquire MORGAN, LEWIS & BOCKIUS, LLP 1701 Market Street Philadelphia, PA 19103-2921 Ralph A. Jacobs, Esquire JACOBS & ASSOCIATES, LLC 1515 Market Street Suite 705 Philadelphia, PA 19102 (Attorney for Barbara Mann Mumma) Taylor P. Andrews, Esquire ANDREWS & JOHNSON 78 West Pomfret Street Carlisle, PA 17013 (Court-Appointed Auditor) MARTSON LAW OFFICES h i ~ !l. Melissa A. Scholly ~ j 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 11, 2008