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5844. Lens to motion for rntry of rule 206.7(a) order.docl.ans to motion for rntry of rvle 206.7(a) order.doc
George B. Faller, Jr., Esquire n p
LD. No. 49813
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No V. Otto, III, Esquire
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LD. No. 27763 ~ ~
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
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MARTSON LAW OFFICES -
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10 East High Street
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Carlisle, PA 17013 ~ _ -,
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Attorneys for Barbara McK. Mumma & Lisa M. Morgan
iN RE ESTATE OF IN THE COURT OF COMMON PLEAS OF
ROBERT M. MUMMA :CUMBERLAND COUNTY, PENNSYLVANIA
Deceased N0.21-86-398
ORPHAN'S COURT DNISION
ANSWER TO MOTION FOR ENTRY OF RULE 206 7(a) ORDER
Morgan, Lewis &Bockius LLP ("Morgan Lewis") and The Martson Law Office (the
"Martson Firm"), in addition to Barbara McK. Mumma and Lisa M. Morgan respond as follows
to the Motion of Robert M. Mumma, II to disqualify Morgan, Lewis &Bockius LLP and The
Martson Law Office from Continuing Legal Representation of the Estate and the Trusts:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted in part; denied in part. It is admitted that the Answer and New Matter
filed by the Executrices on September 18, 2008 was filed pursuant to the Rule to show cause
issued by the Court on Judge Oler's Order of August 28, 2008. Any inference as to the intent of
the Order or the Answer and New Matter is denied as those are writings which speak for
themselves.
7. Admitted in part; denied in part. It is admitted that the Answer and New Matter
were filed on behalf of the Executrices by their counsel. Any inference as to the intent of the
Order or the Answer and New Matter is denied as those are writings which speak for themselves.
By way of further response, neither Morgan Lewis nor the Martson Firm, as non-parties,
understood the August 28, 2008 Order to place them under an obligation separately to file a
formal answer to the Robert M. Mumma, II's Motion. To the extent that the law firms were
under such obligation, both firms hereby incorporate and adopt statements and averments of the
Answer and New Matter of Mrs. Mumma and Mrs. Morgan as if fully set forth herein.
Additionally, Morgan Lewis' further responds to Paragraph 18 of the Motion to Disqualify is as
follows:
Morgan Lewis is unable after a reasonable investigation to admit
or deny the allegation that Mr. Mumma, II "delivered his personal
financial statement" to Morgan Lewis. No copy of such financial
statement has been located in Morgan Lewis' files relating to its
advice to Mr. Mumma, II. Moreover, Mr. Klein testified before
the Court on January 25, 1989 that "[Mr. Mumma, II] and I
discussed how large his estate was in general terms. He may or
may not have shown me a financial statement. I found no financial
statement in my file, but if he did, he took it back right away." See
Exhibit B to Answer and New Matter of Mrs. Mumma and Mrs.
Morgan.
8. Admitted in part; denied in part. See number 7, above.
9. Admitted in part; denied in part. See number 7, above.
10. Paragraph 10 constitutes a request for relief to which no response is required.
However, to the extent which any response would be required, it is denied. Both the Order and
the Rules of Civil Procedure are writings which speak for themselves.
WHEREFORE, Mrs. Mumma and Mrs. Morgan, along with their counsel, Morgan Lewis
and the Martson Firm, respectfully and collectively request that Mr. Mumma, II's Motion for
Entry of Order be denied.
By v `-'(
George B. Fa er, Jr., Esquire
I.D. No. 49813
No V. Otto, III, Esquire
I.D. No. 27763
MARTSON DEARDORFF WILLIAMS
OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Joseph A. O'Connor, Jr., Esquire
Brady L. Green, Esquire
MORGAN, LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, PA 19103-2921
(215) 963-5212, 5079
Date: November 26, 2008 Attorneys for Barbara McK. Mumma cg
Lisa M. Morgan
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy
& Faller, hereby certify that a copy of the foregoing Answer to Motion 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 F
Grantham, PA 17027
Pro Se
Mr. Robert M. Mumma, II
Box 58
Bowmansdale, PA 17008
Pro Se
Mr. Robert M. Mumma, II
6880 S.E. Harbor Circle
Stuart, FL 34996-1968
Pro Se
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
Y
T . Eckenroad
en East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: November 26, 2008