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Home My WebLink About12-23-08F~.~F14FS~Clients~Mumma 58441 (estate) 8747 (Kim)15844.1.Mumma Estate~5844.1.398.motionofexecutrix t Created- 92004 0:06PM Revised. 1223 X08 1:43 PM George B. Faller, Jr., Esquire I.D. No. 49813 ~.., Jennifer L. Spears, Esquire ~;_..~ ~=~ _ ---~ LD. Number 87445 `~"~ ~ } _; MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER ` ~ ` ' MARTSON LAW OFFICES c 10 East High Street - -~-, Carlisle, PA 17013 ", ~ ~_ .. (717) 243-3341 . _ - ~ -- - Attorneys for Barbara McK. Mumma and Lisa M. Morgan --1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Estate of Robert M. Mumma, NO. 21-86-398 Deceased ORPHAN'S COURT DIVISION MOTION OF EXECUTRIXES FOR PROTECTIVE ORDER CONCERNING DEPOSITION NOTICE OF ROBERT MUMMA II BY ROBERT MUMMA II On August 28, 2008, this Court, by the Honorable J. Wesley Oler, Jr. issued a Rule upon the parties to show cause why Robert Mumma, II's Motion to Disqualify Morgan, Lewis & Bockius and Martson Law Offices, should not be granted. A copy of that Order is hereby attached as Exhibit "A." 2. The Order allowed depositions to be taken within 49 days of that Order and scheduled Argument for Wednesday, December 17, 2008. 3. After Argument on December 17, 2008, this Honorable Court issued a further Order that held as follows: "And, Now this 18th day of December 2008, upon consideration of the Motion to Disqualify, Morgan, Lewis &Bockius and the Martson Law Offices from Continuing Legal Representation of the Estate and the Trusts, following oral argument on December 17, 2008, and it appearing from the argument that any deposition(s) conducted pursuant to the Rule issued on August 28, 2008, have not been filed of record, a period of seven days from the date of this order is afforded to the parties to file the said deposition(s) of record." A copy of that Order is hereby attached as Exhibit "B." 4. On Tuesday, December 23, 2008, at 10:27 a.m., counsel for the Executrixes received an e-mail scheduling the deposition of Robert Mumma, II to be taken by Robert Mumma, II for December 24, 2008 at 11:00 a.m. A copy of the e-mail is hereby attached as Exhibit "C" and a copy of the deposition notice is attached as Exhibit "D." 5. Attorney George B. Faller, Jr., counsel for the Executrixes, sent a reply email to James Gault, Esquire, Mr. Mumma, II's agent, requesting that the deposition notice be withdrawn or the instant motion would be filed. A copy of the reply e-mail is hereby attached as Exhibit "E." 6. Attorney Gault further responded that Mr. Mumma, II intends to proceed with his deposition tomorrow. A copy of said e-mail is hereby attached as Exhibit "F." 7. The Honorable Court's Order of December 18, 2008, did not permit additional depositions to be taken, but only allowed depositions which were taken to be filed of record. 8. Counsel for the Executrixes are unavailable on December 24, 2008, due to the Christmas holiday. Further, only 24 hours notice was given for the deposition. 9. If the Court is inclined to let Robert Mumma, II proceed to take his own deposition after the deadline has passed, the Executrixes request that it be done at a mutually convenient time or with sufficient notice for counsel of the Executrixes to attend in person and cross examine. 10. Via email from James G. Gault, Esquire, Robert M. Mumma, II has indicated he does not concur with the relief requested in this Motion. Concurrence was sought from Ralph A. Jacobs, Esquire, counsel for Barbara Mann Mumma, however no response was received before this Motion was filed due to the time sensitivity of the relief requested. 11. The Honorable J. Wesley Oler, Jr. has signed the recent Orders in this case. WHEREFORE, the Executrixes and their Counsel request that this Court issue a Protective Order and cancel the deposition of Robert M. Mumma, II, which he has attempted to schedule for December 24, 2008. SON LAW OFFICES By G r B. Faller, Jr., Esquire LD. .49813 Jennifer L. Spears, Esquire I.D. Number 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Barbara McK. Mumma and Lisa M. Date: 12/23/08 Morgan ~~ .',.,..... -r +, - ,p "_...n..~.. ~. "v..-r3_. ~ ~F: r ~r~ R-.n '~y 7 `J.~"` t 'iii .. ~-. ^n! a ~ ~.. 9C+'+c l` r-t. •'ni~.~~iitiye .. ~'1.,w1i31~~t1.t1NU c~tuuN'1'l". Yia`~Nti}'L~~.~tit~ ORI'I-iA?~'S C;OliR`l~' DI~'IS1O~' 'vO. ~1-86-~98 ORllEK OF COt'RT _~1?~rD wOV~", this ?8'" d~~~~ of August, 2008, upon consideration of the >n To Dis~~ualifi Morgan, Lev~~is ~ Bockius and the Manson Lain C)ffice Continuing Legal Representation of the Estate and the Trusts. it is ordered 1. A Rule is issued upon all interested parties and the said law firms to ause wh} Movant is not entitled to the relief requested; ?. Answers to the motion shall be filed within _' 1 days of the date of this The petition shall be decided under Pa. R.C.P. 206.?; -. Depositions shall be completed within 49 days of the date of this order: Argument shall be held on Wednesday, December 17, 2008, at 11:00 ~ , Courtroom No. 1, Cumberland County Courthouse, Carlisle; inia. Briefs shall be submitted at least seven days prior to argument. Pending argument and further order of court, neither 1a1~~ firm is from continuing its representation of record herein. BY THE CU~~R'I'. ~ ~ i i,; Exhibit "A" IN RE: ESTATE Ol~ IN THE COURT OF COM~~ION PLEAS OF ROBERT M. MUMMA, CUMBERLAND COUNTY, PENNSYLti'ANIA Deceased ORPHANS' COURT DIVISION NO. 21-86-398 ORPHANS' COURT IN RE: DISQUALIFICATION OF COUNSEL MOTION ORDER OF COURT AND NOW, this 18`h day of December, 2008, upon consideration of the Motion To llisqualiFy Morgan, Lewis & Bockius and the Manson I,aw Office from Continuing Legal Representation of the Estate and the Trusts, following oral argument on December 17, 2008, and it appearing from the argument that any deposition(s) conducted pursuant to the Rule issued on August 28, 2008, have not been filed of record, a period of seven days From the date of this order is afforded to the parties to file the said deposition(s) of record. BY THE COURT, ~ ~,- i, ice' ~~.,; ~_ J. Wesley Oler, Jr., J. Joseph D. Buckley, Esq. 1237 Holly Pike Carlisle, PA 17013 -_~.~ ~. ~-: Robert vI . Monona, II - E3~~x h .. ~.,_ Granthai~l, PA 1 ; 027 - Robert 1~1. Mumma, 11 ; =~~~ .. 6880 S.E. Harbor Circle. ;~ v Stun}rt. FL 3=1996 Exhibit "B" Robert VI. Mumma, II 840 :Market Street Suite 164 Lemoyne, PA 17043 Geot`ge B. Faller, Jr., Esq. I~ East High Street j~Carlisle, PA 17013 Brady L. Green, F.sq. Morgan, Lewis & Bockius, LLP 1701 Market Street Philadelphia, P~ 19103-2921 Linda Mumma Roth P.O. Box 480 Mechanicsburg, PA 17055 Ralph A. Jacobs, Esq. 151 ~ Market Street Suite 705 Philadelphia, PA 19102 rc Page 1 of 1 Jennifer L. Spears From: Green, Brady L. [bgreen@morganlewis.com] Sent: Tuesday, December 23, 2008 10:34 AM To: George B. Faller Jr.; Jennifer L. Spears Subject: Depo. Notice for 12-24-08 at 11:00 a.m. Attachments: Depo Notice of RMMII by RMMll.doc From: jggault@comcast.net [mailto:jggault@comcast.net] Sent: Tuesday, December 23, 2008 10:27 AM To: Green, Brady L. Cc: JoeBLaw@aol.com Subject: Depo. Notice for 12-24-08 at 11:00 a.m. Dear Counsel /Parties: As so stated by Judge Oler during the oral argument last week, and in light of Judge Oler's Order of 12- 18-09, Mr. Mumma will be taking his own deposition. After contacting several mid-state court reporting services, I was able yesterday afternoon to secure a stenographer. Not only did she indicate that she was available during this holiday week, but she further indicated that she will have the transcript available by the Monday 12-29-08 deadline provided in the 12-18-08 Order. If you would like to participate via speakerphone, please contact me asap. (if more than one person wants to participate via speakerphone, I may need to coordinate a conference call thru a phone company/service). The attached Notice of Deposition will also be faxed and mailed today. thanks, Jim Exhibit "C" 12/23/2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: THE ESTATE OF ROBERT M. MUMMA, DECEASED NO. 21-86-398 ORPHANS' COURT NOTICE OF DEPOSITION 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 Market 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 PLEASE TAKE NOTICE that the undersigned will take the deposition of himself (as so indicated by Judge Oler during oral argument on December 17, 2008) on Wednesday, December 24, 2008 beginning at 11:00 a.m. The deposition will take place at the offices of Robert M. Mumma, II, 840 Market Street, Suite 164, Lemoyne, Pennsylvania, 17043, before a Court Reporter duly authorized by law to administer oaths. The deposition will be taken pursuant to the Pennsylvania Orphans' Court Rules and Rules of Civil Procedure and will continue from day to day until completed. Exhibit "D" In accordance with Rules 234.1 et seq. of the Pennsylvania Rules of Civil Procedure, and Rule 3.6 of the Pennsylvania Orphans' Court Rules, and other applicable rules, the Deponent shall bring with him to the deposition the following documents: 1. Dated: December 23, 2008 Robert M. Mumma, II Box F Grantham, PA 17027 (717) 612-9720 PROSE CERTIFICATE OF SERVICE I, Robert M. Mumma, II, pro se, do hereby certify that I caused a copy of the foregoing Notice of Deposition to be served this date by email transmission, fax, and/or 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 Market 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 Joseph D. Buckley, Esquire Court-Appointed Auditor 1237 Holly Pike Carlisle, PA 17013 Robert M. Mumma, II Box F Grantham, PA 17027 DATE: December 23, 2008 BY: Robert M. Mumma, II Box F Grantham, PA 17027 717-612-9720 PRO SE Page 1 of 2 Jennifer L. Spears From: George B. Faller Jr. Sent: Tuesday, December 23, 2008 11:35 AM To: jggault@comcast.net; bgreen@morganlewis.com; rjacobs@jacobs-singer-law.com; Imann333@gmail.com Cc: JoeBLaw@aol.com; rmmtwo@mac.com; Jennifer L. Spears Subject: RE: Depo. Notice for 12-24-08 at 11:00 a.m. Dear Jim: In response, neither Brady, Jenn nor I am available to attend the deposition of Mr. Mumma, II tomorrow. Moreover, Judge Oler's Order of December 18~h clearly does not extend the deadline for TAKING depositions. Rather, it only allows that "any deposition(s) conducted pursuant to the Rule issued on August 28, 2008, [and which] have not been filed of record, a period of seven days from the date of this order is afforded to the parties to file said deposition(s) of record." Even were Mr. Mumma, II permitted to take another deposition, the notice provided is inadequate by any measure. Not only is 24 hours insufficient, but we had no prior indication that Mr. Mumma, II intended to notice his own deposition for Christmas Eve. Any deposition Judge Oler might permit to be TAKEN should be scheduled for a mutually convenient time so as to permit proper attendance and examination. Accordingly, we demand that Mr. Mumma, II withdraw the notice and, should he wish to take further discovery, seek appropriate leave from the Court. If some agreement cannot be reached we will be forced to file a Motion for Protective Order. Since you do not represent Mr Mumma, is there some way I can reach him to discuss this matter? Alternatively, are you able to speak for him in this regard? In any event, we must, given the timing, have a response by no later than 1:30 pm today so that we may file a motion if necessary. George B. Faller, Jr. MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Phone (717) 243-1807 Fax Electronic Mail gfaller~a martsonlaw.com www.martsonlaw.com CONFIDENTIALITY NOTICE: The above communication is for the personal use of the intended recipient(s) only. This message may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, preserve, copy or distribute this message. Unauthorized use, disclosure or distribution is prohibited and may be unlawful. If you are not an intended recipient, or if you believe that you have received it in error, please reph~ tci the sender that you have received the message in error, then delete it. Thank you. From: jggault@comcast.net [mailto:jggault@comcast.net] Sent: Tuesday, December 23, 2008 10:27 AM To: bgreen@morganlewis.com; George B. Faller Jr.; rjacobs@jacobs-singer-law.com; Imann333@gmail.com Cc: JoeBLaw@aol.com; rmmtwo@mac.com Subject: Depo. Notice for 12-24-08 at 11:00 a.m. Dear Counsel /Parties: Exhibit "E" 12"23.'2008 Page 2 of 2 As so stated by Judge Oler during the oral argument last week, and in light of Judge Oler's Order of 12- 18-09, Mr. Mumma will be taking his own deposition. After contacting several mid-state court reporting services, I was able yesterday afternoon to secure a stenographer. Not only did she indicate that she was available during this holiday week, but she further indicated that she will have the transcript available by the Monday 12-29-08 deadline provided in the 12-18-08 Order. If you would like to participate via speakerphone, please contact me asap. (if more than one person wants to participate via speakerphone, I may need to coordinate a conference call thru a phone company,'scrvice). The attached Notice of Deposition will also be faxed and mailed today. thanks, Jim No virus found in this incoming message. Checked by AVG - http://www.avg.com Version: 8.0.176 /Virus Database: 270.10.0/1861 -Release Date: 12/22/2008 11:23 AM ~ ~;~~ ;!~nnH Page 1 of 2 Jennifer L. Spears From: jggault@comcast.net Sent: Tuesday, December 23, 2008 1:14 PM To: George B. Faller Jr.; bgreen@morganlewis.com; rjacobs@jacobs-singer-law.com; Imann333@gmail.com Cc: JoeBLaw@aol.com; rmmtwo@mac.com; Jennifer L. Spears Subject: RE: Depo. Notice for 12-24-08 at 11:00 a.m. George, I handed a copy of your email to Mr. Mumma, and he immediately attempted to reach you by telephone. Your office indicated that you were unavailable. Mr. Mumma did indicate that if he had been able to reach you by telephone, he would have conveyed his intent to proceed with his deposition tomorrow as noticed. He believes same is in accordance with the statements of Judge Oler at oral argument, and that the 12-18-08 Order was issued to permit him to do so (provided it was completed within the 7 day period). However, Mr. Mumma further indicated that he would be available to reschedule his deposition until January 4th, 5th, or 6th, 2009. Said dates would be beyond the 7 day period set forth in Judge Oler's Order of 12-18-08, but he would do so in order to try and accomodate the concerns which you have expressed below as to the date and to counsels' availability. Of course, your email below already speaks in terms of opposition to the TAKING of any more depositions, so we will await a response from all counsel /parties. Please feel free to contact me if there is any need to arrange a direct telephone call with Mr. Mumma today. Jim -------------- Original message -------------- From: "George B. Faller Jr." <gfaller@martsonlaw.com> Dear Jim: In response, neither Brady, Jenn nor I am available to attend the deposition of Mr. Mumma, II tomorrow. Moreover, Judge Oler's Order of December 18th clearly does not extend the deadline for TAKING depositions. Rather, it only allows that "any deposition(s) conducted pursuant to the Rule issued on August 28, 2008, [and which] have not been filed of record, a period of seven days from the date of this order is afforded to the parties to file said deposition(s) of record." Even were Mr. Mumma, II permitted to take another deposition, the notice provided is inadequate by any measure. Not only is 24 hours insufficient, but we had no prior indication that Mr. Mumma, II intended to notice his own deposition for Christmas Eve. Any deposition Judge Oler might permit to be TAKEN should be scheduled for a mutually convenient time so a s to permit proper attendance and examination. Accordingly, we demand that Mr. Mumma, II withdraw the notice and, should he wish to take further discovery, seek appropriate leave from the Court. If some agreement cannot be reached we will be forced to file a Motion for Protective Order. Since you do not represent Mr Mumma, is there some way I can reach him to discuss this matter? Alternatively, are you able to speak for him in this regard? In any event, we must, given the timing, have a response by no later than 1:30 pm today so that we may file a motion if necessary. Exhibit "F" 12/23/2008 Page 2 of 2 George B. Faller, Jr. MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Phone (717) 243-1807 Fax Electronic Mail: gfaller@martsonlaw.com ww~rv. martsonlaw. com CONFIDENTIALITY NOTICE: The above communication is for the personal use of the intended recipient(s) only. This message may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, preserve, copy or distribute this message. Unauthorized use, disclosure or distribution is prohibited and may be unlawful If you are not an intended recipient, or if you believe that you have received it in error, please reply to the sender that you have received the message in error, then delete it. Thank you. From: jggault@comcast.net [mailto:jggault@comcast.net] Sent: Tuesday, December 23, 2008 10:27 AM To: bgreen@morganlewis.com; George B. Faller Jr.; rjacobs@jacobs-singer-law.com; Imann333@gmail.com Cc: JoeBLaw@aol.com; rmmtwo@mac.com Subject: Depo. Notice for 12-24-08 at 11:00 a.m. Dear Counsel /Parties: As so stated by Judge Oler during the oral argument last week, and in light of Judge Oler's Order of 12-18-09, Mr. Mumma will be taking his own deposition. After contacting several mid-state court reporting services, I was able yesterday afternoon to secure a stenographer. Not only did she indicate that she was available during this holiday week, but she further indicated that she will have the transcript available by the Monday 12-29- ; 08 deadline provided in the 12-18-08 Order. If you would like to participate via speakerphone, please contact me asap. (if more than one ',person wants to participate via speakerphone, I may need to coordinate a conference call thru a 'phone company/service). ',The attached Notice of Deposition will also be faxed and mailed today. ', thanks, 'Jim. No virus found in this incoming message. Checked by AVG - http://www.avg.com Version: 8.0.176 /Virus Database: 270.10.0/1861 -Release Date: 12/22/2008 11:23 AM No virus found in this incoming message. :,hecked by AVG - http://www.avg.com Version: 8.0.176 /Virus Database: 270.10.0/1861 -Release Date: 12/22/2008 11:23 AM 12/23/2008 CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Motion of Executrixes for Protective Order Concerning Deposition Notice of Robert M. Mumma, II by Robert M. Mumma, II 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 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 Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 12/23/08