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Home My WebLink About10-09-09No V. Otto, III, Esquire ~,, LD. No. 27763 c_~~ _ , ,~A George B. Faller, Jr., Esquire - ` ~ .~.- ~' ~' LD. No. 49813 4 ~ _ ~ ~? -'~ " ~ .J Jennifer L. Spears, Esquire ~ ~ ~~ ~ -~~~ LD. No.87445 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER ~ - ' ~' _~ MARTSON LAW OFFICES , . _, - -~ `~ ~' 10 East High Street '' ..`'',_, Carlisle, PA 17013 (717) 243-3341 Attorneys for Barbara McK. Mumma and Lisa M. Morgan IN THE COURT OF COMMON PLEAS OF IN RE: :CUMBERLAND COUNTY, PENNSYLVANIA Estate of Robert M. Mumma, NO. 21-86-398 Deceased. ORPHANS' COURT DIVISION MOTION FOR REMOTE TESTIMONY OF WITNESS JAMES L.S. BOWDISH, ESQUIRE AND NOW, come Barbara McK. Mumma and Lisa M. Morgan, and seek confirmation by the Court as follows: 1. Auditor's hearings with respect to the Estate of Robert M. Mumma, Deceased and the Trusts established under his will are scheduled for October 26-30, 2009. 2. The Executrices intend to call James L.S. Bowdish, Esquire, a Florida attorney. 3. Mr. Bowdish resides and practices in Martin County, Florida. He has not appeared as counsel of record or appeared in court in Pennsylvania in any matter related to the Mumma matters or any businesses owned by them. 4. Mrs. Mumma and Mrs. Morgan intend to present fact testimony from Mr. Bowdish regarding his work on and fees for a number of matters pending in Florida courts relating to a corporation known as High-Spec, Inc. At the time of Mr. Mumma, Sr.'s death, he owned a 50% interest in High-Spec, and Robert M. Mumma, II, owned the other 50% of the corporation. 5. Litigation between the Estate and the Trusts, on the one hand, and Mr. Mumma, II, on the other hand, has been pending in Martin County, Florida, and the Florida appellate courts since 1989. 6. Mrs. Mumma and Mrs. Morgan wish to minimize expenses to the Estate and the Trusts, and they believe that remote testimony would be more cost-efficient than requiring Attorney Bowdish to travel to Pennsylvania. Travel by Mr. Bowdish for the hearing, including reimbursement of expenses and of time, would amount to several thousand dollars, at a minimum. 7. Given the uncertainty of the timing and order of particular witnesses at the resumed hearing, the risk of unnecessary expense associated with travel by Mr. Bowdish and his waiting to testify -- if the scheduling at the upcoming session even permits such testimony -- is significant. 8. Documentation regarding legal fees paid by the Estate and the Trusts for the Florida litigation has been produced in these proceedings. In addition, such documentation has been produced and Mr. Bowdish has testified regarding those matters in the Florida litigation itself. 9. Permitting Mr. Bowdish to testify remotely -- either by telephone conference or video conference -- would allow for flexibility in the scheduling and presentation of his testimony and avoidance of unnecessary expense, while at the same time allowing all parties an opportunity to examine Mr. Bowdish. Any documents he is to be shown by any party on direct or cross-examination could be provided to him, and to all other parties, in advance of his testimony. 10. Judge Oler has signed prior Orders in this matter, and the hearing is scheduled before Joseph Buckley, Esquire, the Auditor appointed by the Court. 11. Mr. Mumma, II, has indicated he does not concur in the requested relief. 12. Barbara M. Mumma and Linda M. Mumma have been contacted, but have not responded to a request for concurrence with this Motion. 2 WHEREFORE, Barbara McK. Mumma and Lisa M. Morgan respectfully request this Honorable Court approve their request for James L.S. Bowdish, Esquire, to testify remotely during the October, 2009, hearing before the Auditor, Joseph Buckley, Esquire, at a time to be agreed upon by the parties and the Auditor in light of the progress of the hearing. Respectfully submitted, ~~ ~~ ~ j By: ~ ~ / George B. Ier,~Jr., Esquire LD. No. 49813 No V. Otto, III, Esquire I.D. No. 27763 MARTSON DEARDORFF WILI,IAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Brady L. Green, Esquire MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103-2921 (215) 963-5079 Dated: October 9, 2009 Attorneys for Barbara McK. Mumma and Lisa M. Morgan 3 CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent of Martson Law Offices, hereby certify that a copy of the foregoing Motion for Remote Testimony of Witness James L.S. Bowdish, Esquire, was served this date 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) ARTS~N LAW ~FI S~ ~~ By Melissa A. Scholly 10 East High Street Carlisle, PA 17013 Date: October 9, 2009 (717) 243-3341 F:\FILES\Clients\5844 Mumma Estate\5844.1.Mumma Estate\5844.1.mot for remote testimony bowdish.doc