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Home My WebLink About09-30-09i No V. Otto, III, Esquire I.D. No. 27763 ~~-.. ~ Q ~., George B. Faller, Jr., Esquire ~ ~ c i ~? 7 LD. No. 49813 _ ~~ -~v `-,-' =- Jennifer L. Spears, Esquire ~ ~ ~ ° cry ; ~'' O ~~~~~ ~-~ ~i : : ,~-; LD. No. 87445 ~ ~ _ ~=~~ ~ , ~ ~~ 4~.. ~ MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER `~-~"~ ``~~ ~~ ~ .~. ~ MARTSON LAW OFFICES ~, ~ r`:~ ~~ 10 East High Street -'~ ~ `-'~' Carlisle, PA 17013 (717) 243-3341 Attorneys for Barbara McK. Mumma and Lisa M. Morgan TN THE COURT OF COMMON PLEAS IN RE: OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Robert M. Mumma, NO. 21-86-398 Deceased. ORPHANS' COURT DIVISION RESPONSE OF BARBARA McK. MUMMA AND LISA M. MORGAN TO MOTION TO COMPEL COMPLIANCE WITH AUDITOR'S RULING REGARDING NOTICE TO PRODUCE Barbara McK. Mumma and Lisa M. Morgan hereby respond to the Motion of Robert M. Mumma, II, to Compel Compliance with the Auditor's Ruling regarding the Notice to Produce directed by Mr. Mumma, II, to Mrs. Mumma and Mrs. Morgan. As described below, all documents that have been located that are responsive to Mr. Mumma, II's notice already have been produced. 1. Admitted. Mrs. Mumma and Mrs. Morgan admit that no counsel currently appears of record for Mr. Mumma, II. By way of further response, Mr. Mumma, II is, upon information and belief, being assisted by James G. Gault, Esquire, though Mr. Gault has not entered his appearance of record on behalf of Mr. Mumma, II. 2. Denied. A disclaimer was filed in this matter on or about January 12, 1987, whereby Mr. Mumma, II, disclaimed any interest under the Will of Robert M. Mumma. No court has issued a final ruling on the effect of the disclaimer. The allegation that Mr. Mumma, II, is a "trustee" is vague and ambiguous and not susceptible of a meaningful response and is, therefore, denied. 3. Denied. The allegations of this paragraph constitute legal conclusions to which no responsive pleading is required and which are, therefore, denied. To the extent that a further response is required, the allegations of this paragraph are denied. 4.-6. Admitted. 7. Admitted in part, denied in part. It is admitted that Mr. Mumma, II, served a request for production upon Mrs. Mumma and Mrs. Morgan, purportedly pursuant to Pa.R.C.P. 234.3(c). Counsel for Mrs. Mumma and Mrs. Morgan did not receive the notice until July 31, 2009, the Friday before the hearing before the Auditor resumed on August 3, 2009, leaving no time to object in advance of the hearing. Mrs. Mumma and Mrs. Morgan are without knowledge sufficient either to admit or to deny the allegation that Mr. Mumma, II, mailed the notice to "other interested parties and the Auditor," and therefore deny that allegation. The remaining allegations of this paragraph constitute legal conclusions to which no responsive pleading is required, and therefore are denied. 8. Denied. The notice is in writing and speaks for itself, and any characterizations thereof are denied. By way of further response, the allegations of this paragraph constitute legal conclusions to which no responsive pleading is required and, therefore, are denied. 2 t 9.-10. Admitted. l 1.-12. Admitted in part, denied in part. The record of the discussions regarding the notice to produce is in writing and speaks for itself, and all characterizations thereof are denied. 13. Admitted in part, denied in part. It is admitted that neither Mrs. Morgan nor her counsel has produced documents responsive to categories (1) through (4) of the notice. Mrs. Mumma and Mrs. Morgan deny that no documents responsive to category (5) have been produced. On the contrary, all documents located to date responsive to that category were produced to Mr. Mumma, II's counsel by letter dated June 4, 2009 in the context of Robert M. Mumma, II v. Bobalz Corp. et al., Civil No. 1:C`T-08-1965 (M.D. Pa.). With respect to the other categories in the notice: (1) The Auditor already has ruled that Mrs. Mumma and Mrs. Morgan need not respond further to this category. (2) Following a reasonable search, including contacting law firms involved in handling the litigation surrounding Union Quarries, Inc., Mrs. Mumma and Mrs. Morgan have not located or confirmed the existence of a "consent agreement" of the type alleged by Mr. Mumma, II. Indeed, Mr. Mumma, II, failed in response to numerous requests even to identify or produce the specific document in which he claims to have located the reference that prompted this inquiry. Mrs. Mumma and Mrs. Morgan's experience with respect to this request is consistent with numerous prior discovery and other interactions with Mr. Mumma, II, and his counsel - i.e., Mr. Mumma, II, issues demands for production of documents which, upon 3 ~ ti investigation and after expenditure of time and resources -prove either not to exist or not to be as characterized by Mr. Mumma, II. (3) After a reasonable investigation, Mrs. Mumma and Mrs. Morgan have not, to date, located any documents responsive to this category. (4) After a reasonable investigation, Mrs. Mumma and Mrs. Morgan have not, to date, located any documents responsive to this category. By way of further response, Mr. Mumma, II, has declined to identify with specificity the property to which he refers in this category, precluding a more targeted search regarding that property. 14. Admitted. 15. Denied. Byway of further response, see response to paragraph 13 above. 16.-17. The allegations of these paragraphs constitute legal conclusions to which no responsive pleading is required and are, therefore, denied. By way of further response, see response to paragraph 13 above. 18. Admitted in part, denied in part. It is admitted that Mr. Mumma, II, did not seek concurrence from counsel for Mrs. Mumma and Mrs. Morgan prior to filing the instant motion. The remaining allegations of this paragraph are denied. 19. Admitted. 4 y ~. ' ~ WHEREFORE, Mrs. Mumma and Mrs. Morgan respectfully pray that the motion be denied because all documents responsive to the request that have been located already have been produced. Respectfully submitted, By: No V. Otto, III, quire I.D. No. 27763 George B. Faller, Jr., Esquire I.D. No. 49813 Jennifer L. Spears, Esquire I.D. No. 87445 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 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 Attorneys for Barbara McK. Mumma Date: September 30, 2009 and Lisa M. Morgan 5 Y~~ICATION The faregoi~g 1Zesponse is based upon iinformation which has been gates by mY counsel in the preparation of the lawsuit. The language of the docume~-t xs that of counsel and nvt my awa. I have zed the document ~d ~ the extent that it is based upon inf~on wl'~~ch I have liven to my GoUngel, it is true and cQn~ct to the best df nay ~cnawledge, inforn~rkian and belief. To the extent tha# tb~e conteYrt of the dacum~nt is that of counsel, X have relied upon counsel ~n making this verification. This went and verification ere made subject to the penaZ#ies of X $ Pa. C.S. Sectioa 49U4 rela#ing to unsworn falsifiGati~ tp authar~ties, which Inovxdes that if I nuke knowingly false avert, I may be sub,}ect #o criminal pe~ties. ~~- 1~.xsa 11'I. Morgan, Indi ' y, and as Executrix of the Estate of ~abe~t M. Mu~aa ~ '~ CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent of Martson Law Offices, hereby certify that a copy of the foregoing Response of Barbara McK. Mumma and Lisa M. Morgan to Motion to Compel Compliance with Auditor's Ruling regarding Notice to Produce 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 840 Market Street, Suite 164 Lemoyne, PA 17043 Mr. Robert M. Mumma, II 6880 S.E. Harbor Circle Stuart, FL 34996-1968 Brady L. Green, Esquire MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103-2921 (Attorney for Estate and Executrixes) Ms. Linda M. Mumma 512 Creekview Drive Mechanicsburg, PA 17055 Pro Se Ms. Barbara Mann Mumma 541 Bridgeview Drive Lemoyne, PA 17043 Pro Se Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 (Court Appointed Auditor) MARTSON LAW OFFICES l t~X~. By i..., Melissa A. Scholly 10 East High Street Carlisle, PA 17013 Dated: September 30, 2009 (717) 243-3341 F:\FILES\Clients\584~i Mumma Estate\5844. l .Mumma Estate15844.1.398.cesponse to motion to compel production per natice.doc