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HomeMy WebLinkAbout04-20-09IN RE: ESTATE OF ROBERT M. : IN THE COURT OF COMMON PLEAS OF MUMMA, deceased :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ~ z~ W ]ta - r~r~', m ~ N0.21-86-398 ~ ~~ = _ ~ vi o `_s.-' ~ OC S _:. ~~ AUDITOR'S INTERIM REPORT, Apri120, 2009 AND REQUEST FODDER ca ~- 0 To the Honorable J. Wesley Oler, Jr.: N Your Honor has appointed me Auditor in the above captioned matter and chazged me with reviewing the existing file and a multitude of prehearing issues raised by the parties and to schedule and hold a hearing as soon as scheduling permitted. A three day hearing has been scheduled in this matter for April 21-23, 2009. This heazing was to be held in the second floor Courtroom of the Old Courthouse, but was moved by the Court Administrator's Office to the Jury Assembly Room, 4s' Floor of the Courthouse. On April 15, 2009, Morgan, Lewis and Brockius LLP, by and through counsel, Keith O. Brenneman, Esquire, filed an Emergency Motion to Quash Subpoenas to Attend and Testify at and during the scheduled Auditor's Hearing. The undersigned contacted Mr. Mumma and Mr. Brenneman by means of telephone conference to obtain their respective positions in the matter. Mr. Brenneman's position was stated in his Motion and he relied thereon. Mr. Mumma stated he needed the testimony of both Mr. Kittrredge and Mr. Sonnefeld. Mr. Mumma admitted that he had not spoken to either party and did not know what testimony he would receive from these two individuals. As for Mr. Kittridge Mr. Mumma stated that he desired to question him regazding certain agreements which had or had not been signed in 1987. Mr. Mumma stated that the agreements had been the subject matter of a sepazate lawsuit he had filed and which had been decided by the courts. Mr. Mumma 1 claimed that in 2007 he received evidence that the agreement or copies thereof which had been presented in the former litigation were either altered or not the actual documents. The undersigned asked if Mr. Mumma had filed a motion before the original court which heazd and ruled on the 1987 agreements raising the new "discovery" of evidence and he stated he had not, but might do so in the future. Nonetheless, Mr. Mumma in his answer filed today stated that Mr. Kittredge's testimony would be relevant, probative and material to the inventory and accounting in the Estate. Mr. Sonnenfeld allegedly wrote a letter to the U.S. Attorney's Office (district not disclosed) relating to the transfer of certain stock in 999, Inc. Mr. Mumma asserted that there is some relevance to the facts which may have formed the basis for the letter. In Mr. Mumma's Answer it appeazs that on March 19, 2009, Mr. Mumma had given advance notice to Morgan Lewis & Bockius, LLP, through Brady L. Green, Esquire, that Mr. Mumma intended to call both Mr. Kittredge and Mr. Sonnenfeld as witnesses. Mr. Mumma's answer also stated that the witnesses were not being called to supply any documents, but only to give oral testimony. Mr. Mumma also stated in his answer that the witnesses would only need to be available to testify for one hour on any one of the three days of the scheduled hearing. This morning the undersigned spoke with the court administrator's office and was assured the hearing room would be equipped with a telephone with speaker phone capabilities. Thereafter, the undersigned held a second telephone conference with Mr. Mumma and Mr. Brenneman were posed the question "if the court would deny the motion to quash the subpoenas what dates and times could the witnesses be available to give testimony via telephone." The parties did not object to this proposed arraignment. Mr. Brenneman stated he would contact his clients. After checking with the witnesses, Mr. Brenenman stated Mr. Kittredge would be available Wednesday Apri122, 2009 and Mr. Sonnenfeld available Apri123, 2009. 2 I recommend that the Motion to Quash the Subpoenas be denied; however, that the witnesses be permitted to testify via telephone. I recommend that if your Honor agrees with my recommendations, you enter an Order accordingly and I have attached a recommended order to accomplish the same. Respectfully submitted, 3 1237 Holly Pike Cazlisle, PA 17013 (717) 249-2448 JoeBLawna.aol.com