HomeMy WebLinkAbout03-08-07
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George B. Faller, Jr., Esquire
I.D. No. 19313
No V. Otto, III, Esquire
1.D. No. 27763
MARTSON DEARDORFF WILLIAi\IS OTTO GILROY & FALLER I•.!
MARTSON LAW OFFICES ~ ? `
10 East High Street ~_ _ -
Carlisle, PA 17013 ~;; ;, -~
(717) 243-3341 - - ~'
rl ttat•net~s /or the Estate - "_~'
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IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF "
ROBERT M. iVi[IrifMA, DECEASED :CUMBERLAND COUNTY, PENNSYLVANIA
:ORPHANS' COURT DIVISION
NO. 1936 - 0398
ESTATE'S MOTION FOR PROTECTIVE ORDER
AND NOW come Barbara McK. Mumma and Lisa Nl. Morgan, Executrices of the Estate of
Robert M. Mumma, deceased, and Trustees undcrhis Will (hereinafter"The Estate"), byand through
their attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, move this
Court to enter a protective order, and in support thereof, aver as follows:
L The beneficiaries arc planning to depose the Estate's accountant, George Hadley.
2. The deposition of George Hadley will take place around the same time as the
depositions of Barbara MeK Mumma and Lisa Morgan.
3. The Estate seeks a Court Order limiting tltc deposition of George Hadley to a
reasonable amount of time.
4. .George Hadley has already appeared before R,~iMII on about five occasions for trial
testimony or deposition for a total of about eight days.
5. In addition, he has spent hundreds of hours preparing thousands of documents to
respond to RMMII repetitious discovery requests.
G. Thehistoryofthismtdothcrrclatedcascsdemonstratesthenecdforaprotectivcordcr
far the upcoming deposition of George Hadley.
7. The deposition of George Hadley will take place in Florida, like the depositions of
Barbara McK. Mumma and Lisa Morgan.
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3. The Estate asks this Court to issue an Order declaring that George 1-ladlcy is
appearing in Florida for the limited purpose of being deposed.
9. George Hadley's hourly rate is S255rhr. He should be compensated at a rate of
5255.00/hour (plus expenses) in preparing for and attending his deposition.
10. Finally, transporting George Hadley should be an estate expense.
11. The EstatercyuestsaCourtOrderdcclaringthatthcreasonablecostsoftransportation
of all parties and the deponent to Florida be considered a necessary and proper Estate expense.
WHEREFORE, Defendants respectfully request that the Court:
A. Enter an Order restricting the upcoming deposition of George Hadley to a reasonable
time not to exceed two days or sixteen hours;
B. Reyuire the upcoming deposition of Gcorgc Hadley occur in Florida and that the
Estate shall bear the reasonable costs associated with holding the deposition by
reimbursing the parties and deponent for expenses incurred in connection with the
same. Application for reimbursement will be submitted with this Court for a
determination of reasonableness. These costs shall be necessary and proper Estate
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expenses.
C. Declare that George Hadley is appearing in Florida for the limited purpose of being
deposed. He is not making himself available for any other legal purpose and may not
be served with subpoenas or other legal process.
D. George Hadley will be compensated at the rate of $225/hr for any work he does in
preparation for and attendance of his deposition.
MARTSON DEARDORFF WILLIAMS OTTO
G[LRO~~y~~.F~ -•
By: l~
Gcorgc B. Faller, Jr., Esquire
I..D. No. 49813
No V. Otto, III, Esquire
I.D. No. 27763
10 East High Street
Carlisle, PA 17013 - (717) 243-3341
Dated: Yfarch 8, 2007 Attorneys for the Estate
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CERTIFICATE OF SERVICE
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I, Melissa A. Scholly, an authorized agent of Martson Deardorff Williams Otto Gilroy &
Faller, hereby certify that a copy of the foregoing Estate's Motion for Protective Order was scived
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this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid,
addressed as follows:
Robert M. Mumma, II
Box 58
Bowmansdalc, PA 17008
Pr•o Se
Robert M. Mumma, II
6880 S.E. Harbor Circle
Stuart, FL 34996
Pro Se
Linda Roth Mumma
512 Creekview Lane
Mechanicsburg, PA 17055
Pro Se
Ralph A. Jacobs, Esquire
215 South Broad Street
Philadelphia, PA 19107
Counsel fa' /Jm•bnrn A~/arrn Ntuurmn
Date: March 8, 2007
MARTSON DEARDORFF WILLIAMS OTTO
G[LROY & FALLER
By~f~ '.~, ~i-~t _
M lissa A. Scholly
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys. for the Estate
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IN RE: ESTATE OF IN THE COURT OF COMbION PLEAS OF
ROBERT M. MUMMA, DECEASED : ORPHANS COURT DI1V1310N NSYLVANIA
NO. 1986 - 0398
IN RE: MOTION FOR PROTECTIVE ORDER
AND NOW> this day of , 2007, upon consideration of The
Estate's Motion for Protective Order, said Motion is GRANTED, the upcomingdeposition of George
Hadley is hereby restricted to a reasonable time not to exceed two days or sixteen hours; the
deposition shall take place in Florida and the Estate shall bear the reasonable costs associated with
holding the deposition by reimbursing the parties and deponent for expenses incurced in connection
with the same, application for reimbursement will be submitted with this Court for a determination
of reasonableness, and these costs shall be necessary and proper Estate expenses; it is hereby
declared that George Hadley is appearing in Florida for the limited purpose of being deposed by the
beneficiaries of the Estate and is not making himself available for any other legal purpose and may
not be served with subpoenas or other legal process; and it is hereby directed that George Hadley will
be compensated at the rate of 5225/hr for any work he does in preparation for and attendance of his
deposition.
BY THE COURT,
J.
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M THE COURT OF COMtitON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA ~ `' ~"
ORPHANS' COURT DIVISION. '„
N0. 1986 - 0398
' ~ IN RE: ESTATE OF
ROBERT M. MiJivtMA, DECEASED
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5 V AND NOW, this day of , 2007, upon consideration of The
Estate's Motion for Protective Order, a rule is hereby issued upon the parties to show cause, if any
~ they have, why the relief requested in the Estate's Motion should not be grarited.
_~,' i Rule returnable in days.
BY THE COURT,
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RULF. TO SHON CAUSE