The URL can be used to link to this page

Home My WebLink About05-06-08~ F:\F1LES\CGrnts\Mumma 5844.1 (estate) 8747 (Kim)\5844.1.Mmmna Estate\5844.1.motion.protectiveorder2.wpd Created: 9/20/04 0:06PM ~ Revised: 5/6/06 0:54PM 5644.4 No V. Otto, III, Esquire I.D. No. 27763 George B. Faller, Jr., Esquire I.D. No. 49813 Jennifer L. Spears, Esquire I.D. No. 87445 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 fag ller(crimartsonlaw.com Attorneys for Barbara McK. Mumma and Lisa M. Morgan, Co-executrixes of the Estate of Robert M. Mumma N O ;,J D can T'3 c~ __.; ~ _~~~~ ~ ;~,~ - ~-~ a-' ~ IN RE ESTATE OF IN THE COURT OF COMMON PLEAS OF ROBERT M. MUMMA CUMBERLAND COUNTY, PENNSYLVANIA Deceased NO. 21-86-398 ORPHAN'S COURT DIVISION EXECUTRIXES' EMERGENCY 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, by and through their attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, move this Court to enter a protective order, and in support thereof, aver as follows: 1. On or about May 2, 2008, Robert M. Mumma, II served Notices of Deposition for Barbara McK Mumma and Lisa Morgan. A copy of the Notices are attached as Exhibits "A" and "B," hereto. 2. The Notices schedule the depositions to take place in Lemoyne, PA on May 14, 2008, and May 15, 2008. 3. On March 26, 2007, Judge Oler entered an Order of Court placing certain time and location restrictions on the depositions of Barbara McK. Mumma and Lisa M. Morgan. A copy of that Order is attached as Exhibit "C." 4. Pursuant to Judge Oler's Order of Court October 3, 2007, the depositions of Barbara McK. Mumma and Lisa M. Morgan were to be completed before November 22, 2007. A copy of that Order is attached as Exhibit "D." 5. Counsel for the Executrixes sent Notices to Robert M. Mumma, II that the depositions of Lisa M. Morgan and Barbara McK. Mumma were being taken on November 12, 2007, and November 14, 2007, respectively, in Florida, and that he was invited to attend participate. A copy of said Notices are attached as Exhibits "E" and "F," respectively. 6. Although being served with notice at three addresses of record, Robert M. Mumma, II did not attend the depositions on November 12 and 14, 2007. 7. The Executrixes seek a Court Order for protection. 8. The history of this and other related cases demonstrates the need for a Protective Order 9. Judge Oler has ruled on previous issues in this case. 10. This Motion is being sought in an expedited, emergency fashion and concurrence of Robert M. Mumma, II, has not been sought, however it is not likely he would concur. WHEREFORE, the Executrixes respectfully request that the Court enter a Protective Order that Barbara McK. Mumma and Lisa M. Morgan may not be deposed by Robert M. Mumma, II, because the deadline for completing their depositions pursuant to the Court's Orders of March 26, 2007, and October 3, 2007, has expired. MAR'YSONI LAW By: ~ - Ivo V. ,III, Esquire I.D. N . 2 763 George B. Faller, Jr., Esquire I.D. No. 49813 Jennifer L. Spears, Esquire I.D. No. 87445 10 East High Street Carlisle, PA 17013 - (717) 243-3341 Dated: May 6, 2008 Attorneys for the Executrixes 2 IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF ROBERT M. MUMMA, CUMBERLAND COUNTY, PENNSYLVANIA Deceased ORPHAN'S COURT DIVISION N0.21-86-398 NOTICE OF DEPOSITION UPON ORAL EXAMINATION 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 215 South Broad Street Philadelphia, PA 19107 PLEASE TAKE NOTICE that Robert M. Mumma, II will take the oral deposition of Barbara McK. Mumma in accordance with the Pennsylvania Rules of Civil Procedure in the above-captioned action on Wednesday, May 14, 2008 at 840 Mazket Street, Suite 164, Lemoyne, Pennsylvania 17043, beginning at 10:00am EDT. The deposition will be conducted before an officer authorized by law to administer oaths, and shall continue from day to day until completed. You are invited to attend and participate. The witness shall bring to the deposition the following: EXHIBIT "A" 1. The stock books, share certificates, corporate merger records, personal notes kept regarding the Estate administration, contracts, and Estate records stored in wazehouses in Florida of which she referenced in her sworn deposition testimony taken on January 24, 2007. 2. The stock books, share certificates, corporate merger records, personal notes kept regarding the Estate administration, contracts, and Estate records stored in warehouses in Pennsylvania of which she referenced in her sworn deposition testimony taken on January 24, 2007. 3. The stock books, share certificates, corporate merger records, personal notes kept regarding the Estate administration, contracts, and Estate records located in Pennsylvania of which she referenced in her sworn deposition testimony taken on January 24, 2007. 4. The stock books, shaze certificates, corporate merger records, personal notes kept regarding the Estate administration, contracts, and Estate records located in safe deposit boxes in banks in Florida of which she referenced in her sworn deposition testimony taken on January 24, 2007. 5. The stock books, share certificates, corporate merger records, personal notes kept regarding the Estate administration, and Estate records located in safe deposit boxes in banks in Pennsylvania of which she referenced in her sworn deposition testimony taken on January 24, 2007. 6. Records of the Estate and Trusts pertaining to accounts in banks located in Pennsylvania and/or Florida of which she referenced in her sworn deposition testimony taken on January 24, 2007. DATED: May 2, 2008 ~' ~ {{~~` oK bert M. Mumma, II -,pro se~ Box 58 Bowmansdale, PA 17008 717 - 612 - 9720 CERTIFICATE OF SERVICE I, Daryl E. Hewitt, Assistant to Robert M. Mumma, II hereby certify that I served the foregoing Notice of Deposition on May 2, 2008 by U.S. Mail, first class, postage prepaid, addressed to: George B. Faller, Jr., Esquire No V. Otto, III, Esquire Martson Law Offices 10 East High Street Cazlisle, PA 17013 Brady Green, Esquire Morgan, Lewis & Bockius, LLP 1701 Mazket 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 Taylor Andrews, Esquire Court-Appointed Auditor 78 West Pomfret Street Carlisle, PA 17013 DATE: May 2, 2008 BY: ~ `~- Daryl E. Hewitt Assistant to Robert M. Mumma, II -pro se Box 58 Bowrnansdale, PA 17008 717-612-9720 IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF ROBERT M. MUMMA, CUMBERLAND COUNTY, PENNSYLVANIA Deceased ORPHAN'S COURT DIVISION N0.21-86-398 NOTICE OF DEPOSITION UPON ORAL EXAMINATION 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 215 South Broad Street Philadelphia, PA 19107 PLEASE TAKE NOTICE that Robert M. Mumma, II will take the oral deposition of Lisa M. Morgan in accordance with the Pennsylvania Rules of Civil Procedure in the above-captioned action on Thursday, May 15, 2008 at 840 Market Street, Suite 164, Lemoyne, Pennsylvania 17043, beginning at 10:00am EDT. The deposition will be conducted before an officer authorized by law to administer oaths, and shall continue from day to day until completed. You are invited to attend and participate. The witness shall bring to the deposition the following: EXHIBIT "B" 1. The fully executed Mumma Realty Associates Agreement Among Tenants-In- Common of which she referenced in her sworn deposition testimony taken on January 25, 2007. 2. Copies of the bills which she paid of which she referenced in her sworn deposition testimony taken on January 25, 2007. 3. Copies of the property management records of which she referenced in her sworn deposition testimony taken on January 25, 2007. 4. Copies of the property leases of which she referenced in her sworn deposition testimony taken on January 25, 2007. 5. Copies of the corporate minutes which she drafted of which she referenced in her sworn deposition testimony taken on January 25, 2007. 6. A copy of the deed for the Linda Lane property on which a billboard is being leased to an advertising company of which she referenced in her sworn deposition testimony taken on January 25, 2007. 7. Copies of tax notices for the Estate owned properties on 12`}' Street in Lemoyne, Pennsylvania of which she referenced in her sworn deposition testimony taken on January 25, 2007. 8. Documentation of the corporate merger of Middle Park, Inc. into Bobali Corporation of which she referenced in her sworn deposition testimony taken on January 25, 2007. 9. Copies of all documents pertaining to Sam Andes as a trustee of any company affiliated with the Estate of which she referenced in her sworn deposition testimony taken on January 25, 2007. 10. Copies of documents regarding the real estate transaction between DE Corporation and the investors group associated with Mr. Rothman pertaining to property sold at the Silver Springs Quarry of which she referenced in her sworn deposition testimony taken on January 25, 2007. 11. Copies of documents regazding the real estate transaction involving the Snyder Farm property of which she referenced in her sworn deposition testimony taken on January 25, 2007. DATED: May 2, 2008 ~~ =-{ . `r ~~ • '~ ' ~~ ;. ~~ _~ L ~r~ Robert M. Mumma, II -pro se Box 58 Bowmansdale, PA 17008 717 - 612 - 9720 CERTIFICATE OF SERVICE I, Daryl E. Hewitt, Assistant to Robert M. Mumma, II hereby certify that I served the foregoing Notice of Deposition on May 2, 2008 by U.S. Mail, first class, postage prepaid, addressed to: George B. Faller, Jr., Esquire No V. Otto, III, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Brady Green, Esquire Morgan, Lewis & Bockius, LLP 1701 Mazket 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 Taylor Andrews, Esquire Court-Appointed Auditor 78 West Pomfret Street Carlisle, PA 17013 4`~' DATE: May 2, 2008 BY: ~~~-~ ~ ~ "---~ Daryl E. Hewitt Assistant to Robert M. Mumma, II -pro se Box 58 Bowmansdale, PA 17008 717-612-9720 1N Rf:: (:STATE OF IN 'I~1fE CUUIt"I' OF CU:~iti1UN PLEAS OF ROBERl~ `l. 4fL~fMf'1 CU~tI3ERLANU CO[J?~!`CY, I CNNSYLVA~JIA URf MAN'S COURT U[VISIUV X10.1986-0398 ORDER OF COURT AND NOW, this 26`~ day of March, 2007, upon consideration of the 1=state's Iviotion for a Protective Order regarding the depositions of Ms. Barbara hicK. Mumma, Ms. f,isa M, Morgan, and George Iladley it is ordered and directed aS follows; 1. The deposition of Ms. Barbara McK. Murnrna shall take place in Florida, at a location mutually agreed upon by the parties. Ms. Mamma's deposition shall be limited to beh~veen hvo and four hours. 2. `l'he deposition of Ms. Lisa M. Morgan shall take place in Florida, at a locativn mutually agreed upon by the parties. Ms. Morgan's deposition shall be limited to one day (six hours). 3. The deposition of Mr. George Hadley shalt take place in Florida, ~, at a location mutually agreed upon by the parties. Mr _Hadley's; deposition shalt be limited to no more than two days .(s~cteett~ hours). ~l. The Estate shall bear the reasonable cast incurred in ,~sspciation , with taking these depositions and these costs will be considered necessary and proper estate expenses. Application for reimbursement of associated cost must he submitted to the Court f'or a determination of reasonableness. 5. CiCOrge Hadley is appearing in Flurida f~~r the limited purpose of hcin~; deposed b}~ thr benrti~iarics of the c~tate and is nut -naking EXHIBIT "C" himself a~ailablc for any other legal purpose and ~T~ay not he served 4~~ith suhp~>ena or «lher le~~al process. b. (ieor~;e I Iadley shall he compensated at the rate of ~?`?~ per hour for anv work he does in preparation for and attendance of~ his drpositiun. E3Y "I'I-fE COUR'I~, ~ i .1~, esley Oler, ~~ ., J. r Robert M. Mununa, II I3ox S8 Bowmansdale, PA 1?UU8 Pro Se Robert M. Mumma, II 6880 S.E. I-Iarbor Circle Stuart, FL 3996 Prn Se Gec~r~e I3. taller, Esq. ~~ East I Iigh Street ,Carlisle, PA 17U 13 Brady L. (Ureen, Esq. Iv1or~an, Lewis & ~3oel:ius, L,I-.P 1 ?U 1 f~tarkc;t Street I'hiladclphia. YA 191U3-?9.' 1 Linda l~o(h 1~tumma 1 ~ C'rCl:i:1 ien I ,any ~1~•cluu~ic.~hur<_. I'.~ I ~'(l~i I'rri .~~ Ralph A. ,lit~t~bs, E^,yuirr ~' 1 ~ Suuth 13roacl St~rc~t ['hiladclphia, 1'A l~)lU7 ,~ltt~~rr~e~~.Jvr Burbarcr ,t~lcrrur ~tlunznra _.~ :~ :.~ .. :'~ ,~11,..i ~ J_,. ...._ ..,a,i:. ~ .. .u..~..ti_._. `1 a ~~ _ 3 f -? .. _ ~ /;S -~ ~ ~- ~ . ,: J C:: ., ., ._ _ .. _ .. _. -... .,.. ~. ~ .. «+ _ .. .J 1. ... _ , , .. _ .... _ ... ~ .... ......... _ ,... ,. .. '. .., ~ __ ._a r m r f .. .. _ ._ ~ :°1~ ;~ _Tr.f' _~? *vi.l„11~;1~ ~ tlfi~d :r!?C. ~•. r' >..~s ~~ '1 ~ . .. .. . _.. ~... ..' t'1S; V S?..1~J(').l.. /TTl*.=,' I' ~C ax ~~~`~.~'~';~'::;'...1'=%i7 ti.'~.. s:.'+:'. ~ _. ...::~. ~'~ I1 J~_7:: T~_,.. ~A '.i?I;y~ .~ ~..1 i~..i ~ „~.',„ ., ~. ~l~~La ~..'1. P'~.f:. ~iA ~yi U:lt3 tt G~ ~~a l+}. .., .i. n.'~ .~..a. ._ __.y~ tw..A :~:.1 . -. - .. ._ _. ,. ._ _ .' - - ~ 1 ... J t': r _~r t 1" ? t .~ ,. E_ T , _ '~ ~ r ~ is . ~ ~'? ,. _ _~.. c.. w< ~ ~ _._._ ..... v ~ >..-, ~ ~. , _ -.~ ~. _; _ .. J'"~t. ~ ., .~".'.~, ~~ _ ~. .-ri _ _ ~',- _ ,_ ._ ~ _ ..:. ~~~.;:_ ~ _ _ _ ..._ _ wit' ,. ., x _ ~, J / ~ f 1 ~ i' i ~ ~~~ j iF' y EXHIBIT "D" ... _.~ . _ _ ._. ~.. ~ r t _ r _. .« _ ._ i .. _ ._ . ~~i 7fit. .. Y ' _, .. _ _. _ ~%~iu ~ ., .1 ice. .. :m ?~ .~ .. ... _ .. `.t:~ C ' pp7~~ .. ... J e"'.. i CL 2'... ~~ T~ rrt ~'. eta f'1 E ~ `}? ~' ~ «' C, ~. - ~ $7 ~{ ~ I" i ~7 _..-~ _ _ C: ~';_7 IN THE COURT OF COMMON PLEAS OF Cti;vIBERLAND COUNTY' IN RE ESTATE OF ROBERT M. MUMMA, Deceased. . ORPHANS' COURT DIVISION NO. 21-86-398 NOTICE OF DEPOSITION UPON ORAL. EXAMINATION To: Robert ,l~l. Murnma, Il 840 Market Street, Suite 164 Lemoyne, PA 17043 and Box 58 Bowmansdale, PA 17008 and 6880 S.E. Harbor Circle Stuart, FL 34996-1968 Ralph A. Jacobs, Esquire 1818 Market Street, 33rd Floor Philadelphia, PA 19103 PLEASE TAKE NOTICE that Lisa M. Morga~~ will be presented for deposition in accordance with the Pennsylvania Rules of Civil Procedure and the Orders entered by the Court in the above-referenced action on March 26, 2007 and October 3, 2007, at Esquire Deposition Services, 2385 NW Executive Center Drive, Suite 120, Boca Raton, 1~lorida 33431, on Monday, November 12, 2007, beginning at 9:30 a.m. The deposition will be conducted before an officer authorized by law to administer oaths. EXHIBIT "E" You are invited to attend and participate. i Dated: November 1, 2007 ~'dy L. Grc~(y' MORCAN, LEWIS & OCKIliS LLP 1701 Market Street Philadelphia, PA 19103 215.963.5079 Attorney for Barbara McK. Mumma and Lisa M. Morga~i CERTIFICATE OF SERVICE I, Brady L. Green, do hereby certify that on this 1st day of i~'ovember, ?007, I served by overnight mail, email and first-class mail, postage prepaid, ,i true and correct copy of the foregoin ;Notice of Deposition Upon Oral Examination upon the follow ing: Robert M. Mumma, Tt 840 Market Street, Suite 164 Lemoyne, PA 17043 and Box 58 Bowmansdale, PA 17008 and 6880 S.E. Harbor Circle Stuart, FL 34996-1968 Ralph A..Tacobs, Esquire 1818 Market Street, 33rd Floor Philadelphia, PA 19103 •I ~ ' I.V THE COURT OF COiVi1ViON PLEAS OF CUMBERLAND COUNTY IN RE ESTATE OF ORPHANS' COURT DIVISION ROBERT VI. IV1UM~iA, Deceased. NO. 21-86-398 NOTICE OF DEPOSITION UPON ORAL EtAMINATION To: Robert M. Mumma, Il 840 Market Street, Suite 164 Lemoyne, PA 17043 and Box 58 Bowmansdale, PA 17008 and 6880 S.E. Harbor Circle Stuart, FL 34996- 1968 Ralph A. Jacobs, Esquire 1818 Market Street, 33rd Floor Philadelphia, PA 19103 PLEASE TAKE NOTICE that Barbara McK. Mumma will. be presented for deposition in accordance with the Pennsylvania Rules of Civil Procedure and the Orders entered by the Court in the above-referenced action on March 26, 2007 and October 3, 2007, at Esquire Deposition Services, 2385 NW Executive Center Drive, Suite 120, Boca Raton, Florida 33431, on Wednesday, November 14, 2007, beginning at 9:00 a.m. The deposition will be conducted before an officer authorized by law to administer oaths. EXHIBIT "F" You are invited to attend and participate. Dated: November 1, 2007 wady L. G MORGAI~, LE~tiIS BOCKILS LLP 1701 Market Street Philadelphia, PA 19103 215.963.SU79 Attorney for Barbara McK. Mumma and Lisa M. Morgan r . ~ CERTIFICATE OF SERVICF, I, Brady L, Green, do hereby certify that on this 1st day of ti'ovember, ?007, I served by overnight mail, email and first-class mail, postage prepaid, a twe and correct copy of the foregoing ;\iotice of~Deposition Upon Oral Examination upon the following: Robert M. Mumma, II 840 Market Street, Suite 164 Lemoyne, PA 17043 and Box 58 Bowmansdale, PA l 7008 and 6880 S.E. Harbor Circle Stuart, FL 34996-1968 Ralph A. Jacobs, Esquire 1818 Market Street, 33rd Floor Philadelphia, PA 19I03 r ~ ~ F:\FILES\Clirnts\Mumma 5844.1 (estate) 8747 (Kim)\5844. LMumma Estate\5844-1.398.certservice Created: 3/21/05 4:13PM ' Revised: 5/5/OS 4:06PM CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent of Martson Law Offices, hereby certify that a copy of the foregoing Executrixes' Emergency Motion for Protective Order 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 Box 58 Bowmansdale, PA 17008 Mr. Robert M. Mumma, II 6880 S.E. Harbor Circle Stuart, FL 34996-1968 Mr. Robert M. Mumma, II 840 Market Street Suite 164 Lemoyne, PA 17043 Ralph A. Jacobs, Esquire JACOBS & SINGER, LLC 1515 Market Street Suite 705 Philadelphia, PA 19102 (Attorney for Barbara Mann Mumma) Brady L. Green, Esquire MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103-2921 (Attorney for Estate and Executrixes) Ms. Linda Mumma Roth P.O. Box 480 Mechanicsburg, PA 17055 Ms. Linda Mumma Roth 2038 Spruce Street, Apt. 3R Philadelphia, PA 19103 Ms. Lisa M. Morgan 1140 North Ocean Boulevard Gulfstream, FL 33483 Taylor P. Andrews, Esquire ANDREWS & JOHNSON 78 West Pomfret Street Carlisle, PA 17013 (Court-Appointed Auditor) MARTSON LAW OFFICES Y cia D. Eckenroad 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 6, 2008