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Home My WebLink About10-06-08F:\F1LES\Clients\Mumma 5844.1 (estate) 8747 (Kim)\5844.1.Mumma Estate\5844.1.motion.protectiveorder3.wpd Revised: 10/3/08 11:50 AM 5844.4 No V. Otto, III, Esquire I.D. No. 27763 George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES ~--~ a' 10 East High Street `== c~ Carlisle, PA 17013 ^`~ ~' ., j -, c--, ; ~' (717) 243-3341 T -; ller(ci)martsonlaw.com rfa~ ' T °, - , Attorneys for Barbara McK. Mumma and Lisa M. Morgan, _ _. ~ Co-executrices of the Estate of Robert M. Mumma - ==_~ IN RE ESTATE OF IN THE COURT OF COMMON PLEAS ROBERT M. MUMMA CUMBERLAND COUNTY, PENNSYLVANIA Deceased NO. 21-86-398 ORPHAN'S COURT DIVISION EXECUTRICES' 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: On or about September 30, 2008, Robert M. Mumma, II served a Notice of Subpoena and a Subpoena to Attend and Testify for Lisa M. Morgan. A copy of the Notice and Subpoena are attached as Exhibit A. 2. The Subpoena schedules a deposition to take place at the Office of Robert M. Mumma, II in Lemoyne, Pennsylvania on October 13, 2008. 3. On March 26, 2007, Judge Oler entered an Order of Court limiting any further deposition of Lisa M. Morgan to six hours (one day) to be held in Florida. A copy of that Order ~~ is attached as Exhibit B. 4. Pursuant to Judge Oler's Order of Court October 3, 2007, the deposition or further of Lisa M. Morgan was to be completed before November 22, 2007. A copy of that Order is attached as Exhibit C. 5. Counsel for the Executrices sent a Notice to Robert M. Mumma, II that the deposition of Lisa M. Morgan was being taken on November 12, 2007, in Florida, and that he was invited to attend and participate. A copy of said Notice is attached as Exhibit D. 6. Although being served with notice at three (3) addresses of record, Robert M. Mumma, II did not attend the deposition on November 12, 2007. 7. The Court had set a discovery deadline in this matter for May 31, 2008. 8. On or about May 2, 2008, Robert M. Mumma, II served a Notice of Deposition for Lisa M. Morgan to take place on May 15, 2008. 9. On May 6, 2008, the Executrices filed an Emergency Motion for Protective Order similar to this Motion, based on the prior Orders relating to any further deposition of Mrs. Morgan. 10. On May 12, 2008, the Court entered an Order issuing a Rule, returnable in 10 days, staying the discovery, and referring the matter to the Auditor for a brief interim report and recommendation. A copy of that Order is attached hereto as Exhibit E. 11. No response was filed pursuant to the Rule issued on May 12, 2008. 12. The Executrices again seek a Court Order for protection for Mrs. Morgan. 13. Robert M. Mumma, II has taken many hours of deposition of Mrs. Morgan, and he failed to appear for the last deposition that was approved by the Court with certain parameters. 2 14. It is clear that Robert M. Mumma, II has had the opportunity to depose Mrs. Morgan in depth and, in fact, has deposed her numerous times. Indeed, Mrs. Morgan testified at the January 25, 1989, hearing on Mr. Mumma, II's prior motion to disqualify Morgan Lewis. With regard to the scope of that hearing and the Court's opinion issued following it, Mrs. Mumma and Mrs. Morgan incorporate herein their answer and new matter to Mr. Mumma, II's motion for disqualification. 15. The Notice purportedly was served in connection with this Court's August 28, 2008, Order regarding Mr. Mumma, II's Motion to Disqualify Counsel for Mrs. Mumma and Mrs. Morgan. 16. On September 25, 2008, counsel for Mrs. Morgan, in response to correspondence from James G. Gault, Esquire, a lawyer purporting to act on behalf of Mr. Mumma, II, sought clarification as to what testimony was sought from Mrs. Morgan. The request pointed out that "[t]he allegations in Mr. Mumma's motion are focused upon (a) work performed by Morgan Lewis for Mr. Mumma, II and (b) positions taken by Morgan Lewis, on behalf of Mrs. Mumma and Mrs. Morgan, in various litigation matters." Because the former is utterly outside the personal knowledge of Mrs. Morgan, and the latter are a matter of public record through filings, hearings, etc., it is difficult to imagine what testimony of relevance Mr. Mumma, II might seek to elicit from Mrs. Morgan. 17. The September 25 correspondence requested that Mr. Gault contact Mrs. Mumma and Mrs. Morgan's counsel to discuss the requested depositions to see if there were grounds for agreement. 3 18. Neither Mr. Mumma, II nor Mr. Gault responded to the September 25 correspondence. 19. The history of this and other related cases demonstrates the need for a Protective Order, and it is not likely that Mr. Mumma, II would limit any deposition of Mrs. Morgan to any specific matter or subject. 20. Judge Oler has ruled on previous issues in this case. 21. 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 Executrices respectfully request that the Court enter a Protective Order that Lisa M. Morgan may not be deposed by Robert M. Mumma, II. MARTSON LAW OFFICES By: No V. Otto, III, squire I.D. No. 27763 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: October 6, 2008 Attorneys for the Executrices 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: THE ESTATE OF ROBERT M. MUMMA, DECEASED N0.21-86-398 ORPHANS' COURT NOTICE TO: Lisa M. Morgan The enclosed subpoena is served pursuant to Pa. R. C. P. 234.2(b)(3). You must complete the Acknowledgment part of this form and return the copy of the completed form to the sender in the enclosed self-addressed stamped envelope. Sign and date the Acknowledgment. If you are served on 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 aze authorized to receive the subpoena, indicate under your signature your authority. DATE NOTICE MAILED: September 30, 2008 _ ~f1~~~ ~~z1~~~~~5 Robert M. Mumma, II Box 58 Bowmansdale, PA 17008 (717) 612-9720 PROSE ACKNOWLEDGMENT OF RECEIPT OF 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) EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~~~2C : Csr.~~ ~ o~ ' O K Pth~ l~r 5' l:~ ~fz-T ~I Vr s ~ o~~ `Q ,O r C(C j I/V, . MV/v~,~'I~q, :Docket Na Z I - ~(~ ` 3 ~~ SUBPOENA TO ATTEND AND TESTIFY TO: Li~c; :~~ N1G+'r4~1 C~ iMrir~S~~i w O~o25 l . You are(jo11rdered by Jthe court to come to 1 ~1 ~`TV ~~1fkC.tj{ree.{- - s~~~e. 1(~-L C~~i,~ oF'~o~erft~'~ r~vx~q,.I~, (Specify Courtroom or other place) at ~y?Vyo nE'. (,v~nbe,-land County, Pennsylvania, on Ot~t;h2r 13'Zv~~ at - fit:; o'clock, A M, to testify on behalf of F~~b~ ~~ fit- Mv~r.~,c, ~.~' in the above case, and to remain until excused. 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 Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. Requested by: Name: Address: Telephone: Supreme Court ID R~~,~, f >Nl ~M~MM~t, ~ d~~~ 5i~ Ro~,,,~r-q,R jfrc,~~r PA- i?eo~ 111- fetZ` t?,,Z~ n.,~ 5 r• BY THE COURT, Date:C~ "VD ~ 'mil ~ _ ~. ~'~~ 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.234.1. if a subpoena for a production of documents, records or things is desired, complete paragraph 2. P:'~F1LES~.Clients~Murtvna 5844.1 (estate) 8747 (K'an)\5844.LMuttuna Estate\5844-1.398.cert service CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent of Martson Law Offices, hereby certify that a copy of the foregoing 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) Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 (Court Appointed Auditor) Ms. Linda M. Mumma 212 North Duke Street Durham, NC 27701 MARTSON LAW OFFICES By Tri is D. Eckenroad 10 East High Street Carlisle, PA 17013 Dated: October 6, 2008 (717) 243-3341 IN RE: ESTATE OF 1N THE COURT OF COMMON PLEAS OF ROBERT M. ML~IvIMA CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION N0. 1986-0398 ORDER OF COURT AND NOW, this 26`~ day of March, 2007, upon consideration of the Estate's Motion for a Protective Order regarding the depositions of Ms. Barbara McK. Mumma, Ms. Lisa M. Morgan, and George Hadley it is ordered and directed as follows: 1. The deposition of Ms. Barbara McK. Mumma shall take place in Florida, at a location mutually agreed upon by the parties. Ms. Mumma's deposition shall be limited to between two and four hours. 2. The deposition of Ms. Lisa M. Morgan shall take place in Florida, at a location 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 shall take place in Florida, ~, at a location mutually agreed upon by the parties. Mr ~~Iadley's/ _ ., ,.;~? deposition shall be limited to no more than two days ,(s~xteert; _ ~, , hours). - : ~' -, . -, ~, , -., 4. The Estate shall bear the reasonable cost incurred in.,as~ociation with taking these depositions and these costs will be consider -~ necessary and proper estate expenses. Application for reimbursement of associated cost must be submitted to the Court for a determination of reasonableness. 5. George Hadley is appearing in Florida for the limited purpose of being deposed by the benetlciaries of the estate and is not making EXHIBIT "B" himself available for any other legal purpose and may not be served with subpoena or other legal process. 6. George Hadley shall be compensated at the rate of $225 per hour for any work he does in preparation for and attendance of his deposition. Robert M. Mumma, II Box 58 Bowmansdale, PA 17008 Pro Se Robert M. Mumma, II 6880 S.E. Harbor Circle Stuart, FL 34996 Pro Se George B. Faller, Esq. ~.~ East High Street /Carlisle, PA 17013 Brady L. Green, Esq. Morgan, Lewis & Bockius, LLP 1701 Market Street Philadelphia, PA 19103-2921 Linda Roth Mumma 1 ? Creeks i~w Lane tilcchanicsbur~~. PA 170~~ I'r~~ Sc~ BY THE COURT, Ralph A. Jacobs, Esquire 215 South Broad Street Philadelphia, PA 19107 Attorney for Barbara l~lann ~LlumnZa .~. , ..): 'I' .. . ~'. ~ r _ +~ ,~ „.. _ ,_ ,r .. .., _ _ - .- .. _ F:.. , ~ ~ _.: '.- _.i+.. J ~+ w ... '''...ice :~ l.. a .. - ,. r .. ._lJ_: . ~ _ 4. :.. ~- i !. ~..: ~~' ..l C.a ±' .• ~ Win,. ` r / .. . .. ~ j ^V - ... ^.~:. .. ' ~. -': n'.._j` :f'..:'....~' ~"i~1rf1711~~ <yP. - v~ _ _ r. ... :- _, ,,, , ~r'.~' ~11~)j'i.L~FR~>"'«a.. ~3ti_~1~~,....._,.`; '~.. ~-~~~- -_.~. :`::J~~~ir`~ . r, _ _ - - - v , ., ... ,- , .. ,. c. _, , _ ,- ~ _. - ,.. ._ '~ l.._. .. c . { _ ._ .. ._ _. a ._ _ _.. ~ ., .. .. C)'.- . _ t ~; , a.. ~ ~i ~ , _ ~ .. 'J ~.' _ . ,, T.. - F .. ~ _ - - s.: ~. ,~~ . _ _.._- _,, ~ .. .,_ _ _.~ _ _ ~ ... __i!<7 ?'.'~ ~._~ _Uf?~-r.s~fi'ic_i~.;ay '7X.' ~~='- _ - ~7:;° . .' _ 4.,,..1 _ .F. c:'J~ __. .._.+i _._.._.~..~ 3. ~'I'2.;:.._ r,,j~.~.C.'~.._.ci_ t-_ ..1._~"'_,._.. _. II'_' ._'.?r` • 1~ _ ' ~ _ ~, / J ~ 1~ ,. i . ....: r' Lam' . _-~/ _. ~ r V EXHIBIT "C" :. ~ .... _ _.. ~_' _ . ~ _ ._ "'T' .. .. _ ~; . ,'..~... ._ -. ~~ h~,~~Cti ~IC' y .i 77 .~ .-~W r 1 ...: ~. ~~:~ .1ii:,.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IN RE ESTATE OF ROBERT M. MUMMA, Deceased. ORPHAi~1S' COURT DIVISION N0.21-86-398 NOTICE OF DEPOSITION UPON ORAL EXAMINATION To: Robert M. Mumma, II 840 Market Street, Suite 164 Lemoyne, PA 17043 and Box 58 Bowrnansdale, 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. Morgan 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 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 "D" You are invited to attend and participate. Dated: November 1, 2007 i ~'Li. e.C~ ~ ~ y L. Gre MORGAN, LEWIS & OCKIUS LLP 1701 Market Street ' Philadelphia, PA 19103 215.963.5079 Attorney for Barbara McK. Mumma and Lisa M. Morgan CERTIFICATE OF SERVICE I, Brady L. Green, do hereby certify that on this 1st day of November, 2007, I served by overnight mail, email and first-class mail, postage prepaid, a true and correct copy of the foregoing Notice 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 17008 and 6880 S.E. Harbor Circle Stuart, FL 34996-1968 Ralph A. Jacobs, Esquire 1818 Market Street, 33rd Floor Philadelphia, PA 19103 IN RE: ESTATE OF IN THE COURT' OF COMMON PLEAS OF ROBERT M. MUMMA CUMBERLAND COUNTY, PENNSYLVANIA ORI'I-IAN'S COURT DIVISION NO. 21-86-398 IN RE: MOTION FOR A PROTECTIVE ORDER AND MOTION FOR A STAY OF PROCEEDINGS BEFORE OLER, J. ORDER OF COURT AND NOW, this 12`x' day of May, 2008, upon consideration of the Motion for a Protective Order and Motion for a Stay of Proceedings filed by Robert M. Mumma, II, on May 1, 2008, a Rule is issued upon all other parties to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of the date of this order. THIS MOTION FOR A PROTECTIVE ORDER AND MOTION FOR A STAY OF PROCEEDINGS, and any answer[s] thereto, are referred to Auditor Taylor P. Andrews, Esq., for a brief interim report on the issue and recommended order. BY THE COURT, Taylor P. Andrews, Esq. Auditor Robert M. Mumma, II Box 58 Bowmansdale, PA 17008 pro Se Robert M. Muimna, II 6880 S.E. Harbor Circle Stuart, FL 34996 pro Se J ;`7 ___r~ r7 -. ~, -- . ~,- -..-, -~; ~,~ --t rv -~ w 3 N CI1 } EXHIBIT "E" Robert M. Mumma, II 840 Market Street Suite 164 Lemoyne, PA 17043 pro Se Ge ge B. Faller, Esq. 1 East High Street arlisle, PA 17013 Brady L. Green, Esq. Morgan, Lewis & Bockius, LLP 1701 Market Street Philadelphia, PA 19103-2921 Linda Roth Mumma 512 Creekview Lane Mechanicsburg, PA 17055 pro Se Linda Mumma Roth P.O. Box 480 Mechanicsburg, PA 17055 pro Se Linda Mumma Roth 2038 Spruce Street Apt. 3 R Philadelphia, PA 19103 pro Se Lisa M. Morgan 1140 North Ocean Boulevard Gulfstream, FL 33483 pro Se Ralph A..lacobs, Esquire 151 ~ Market Street Suite 705 Philadelphia, PA 19102 Attorney for Barbara Mann Mumma