HomeMy WebLinkAbout05-30-08 (10)
George B. Faller, Jr., Esquire
J.D. No. 49813
Ivo V. Otto, III, Esquire
J.D. No. 27763
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Barbara McK. Mumma and Lisa M. Morgan
INRE:
Estate of Robert M. Mumma,
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CUMBERLAND COUNTY, PENNSYLVANIA
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ORPHANS' COURT DIVISION
MOTION OF BARBARA MCK. MUMMA AND
AND LISA M. MORGAN TO STRIKE EXPERT
REPORTS OF ROBERT C. MAY. ESQUIRE
Barbara McK. Mumma and Lisa M. Morgan move as follows for an order striking the
expert reports of Robert C. May, Esquire served by Robert M. Mumma, II:
1. Mr. Mumma, II has served in these proceedings two reports prepared by Mr. May.
Both reports are dated January 31, 2008; one bears the heading "regarding shares of
Pennsylvania Supply Company" (the "PSC Report") and the other bears the heading "regarding
shares of Pennsy Supply Inc." (the "Pennsy Report"). Both reports discuss the purported effect
of alleged agreements among the shareholders of those corporations upon the disposition of the
corporations' stock upon the death of Robert M. Mumma, Sr., including their purported impact
upon the "true" current ownership of the corporations.
2. In the PSC Report, Mr. May purports to render "opinions" regarding the "likely"
terms of the purported Pennsylvania Supply Company shareholders agreement. The "opinions"
are supported by guesswork as to the possible state of mind or motivations of Mr. Mumma, Sr.
and by the recitation of purported "best practices" in estate planning. Mr. May deems both to be
"consistent" with the existence of a written shareholders' agreement for Pennsylvania Supply
Company.
3. Any testimony offered by Mr. May based upon or encompassing the speculation
and opinions in the PSC Report is inadmissible because it lacks any adequate factual or other
background. Any such testimony could be nothing more than conjecture by Mr. May.
4. In the Pennsy Report, Mr. May offers his conclusion that the assets of
Mr. Mumma, Sr. were improperly distributed upon his death because that distribution conflicted
with a 1961 agreement among the shareholders of a corporation then known as Pennsy Supply,
Inc.
5. Mr. May refers to the 1961 agreement as having been "allegedly terminated." He
does not mention that prior litigation resulted in a final judgment, affirmed by the Superior Court
with allocatur denied by the Supreme Court, that the 1961 agreement was terminated in 1963.
Mr. Mumma, II may not properly offer the testimony of Mr. May in an attempt to achieve a
result different from that already rendered in the prior litigation.
6. Additional factual background, argument and legal authority in support of this
motion is set forth in Mrs. Mumma and Mrs. Morgan's accompanying memorandum of law,
which is incorporated by reference herein.
F:\FILES\Clients\Mumma 5844.1 (estate) 8747 (Kim)\5844.I.Mumma ~tate\5844.I.Motion to Strike Expert Reports.DOC
WHEREFORE, Mrs. Mumma and Mrs. Morgan request that the reports of Robert C.
May, Esquire be stricken, and any testimony by him regarding the opinions stated in the reports
be excluded.
Dated: May 30, 2008
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By: - .
Ivo V. Otto, III
J.D. No. 27763
George B. Faller, Jr.
J.D. No. 49813
MARTS ON DEARDORFF WILLIAMS OTTO
GILROY & FALLER
MARTS ON LAW OFFICES
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Joseph A. O'Connor, Jr.
Brady L. Green
MORGAN, LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, PA 19103-2921
215-963-5212,5079
Attorneys for Barbara McK. Mumma
And Lisa M. Morgan
F:\FILES\Clients\Mumma 5844.1 (estate) 8747 (Kim)\5844.1.Mumma ~state\5844.1.Motion to Strike Expert Reports.DOC
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent of Martson Law Offices hereby certify that a
copy of the foregoing Motion of Barbara McK. Mumma and Lisa M. Morgan to Strike Expert
Reports of Robert C. May, Esquire, was served this date by depositing same in the Post Office at
Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Mr. Robert M. Mumma, II
Box 58
Bowmansdale, P A 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, P A 17043
Ralph A. Jacobs, Esquire
JACOBS & SINGER, LLC
1515 Market Street, Suite 705
Philadelphia, P A 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, P A 17055
Taylor P. Andrews, Esquire
ANDREWS & JOHNSON
78 West Pomfret Street
Carlisle, P A 17013
(Court-Appointed Auditor)
Date: May 30, 2008
F:\FILES\Clients\Mumma 5844.1 (estate) 8747 (Kim)\5844. I .Mumma I/-state\5844. I .Motion to Strike Expert Reports.DOC