HomeMy WebLinkAbout10-09-09 (2)No V. Otto, III, Esquire
I.D. No. 27763
George B. Faller, Jr., Esquire
LD. No. 49813 ~~ ~
Jennifer L. Spears, Esquire
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LD. No. 87445 - =' ,--, r'
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MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER • ~'-~_ ~ ~- ,
MARTSON LAW OFFICES - • `~ = ~
10 East High Street = ~ ~'•
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Carlisle, PA 17013 ` - _ c.~
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(717) 243-3341 =_
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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
PETITION OF BARBARA McK. MUMMA AND LISA MUMMA MORGAN TO TAKE
TESTIMONY OUTSIDE THE COMMONWEALTH
Barbara McK. Mumma and Lisa M. Morgan petition as follows for the issuance of a
Letter Rogatory to take testimony of James L.S. Bowdish, Esquire:
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. An objection has been made by the Objectors as to the reasonableness of
attorneys' fees incurred by the Estate.
3. The Executrices intend to call James L.S. Bowdish, Esquire, a Florida attorney, as
a witness in the hearing.
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, Inc., 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. 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.
7. 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.
8. In order to obtain the testimony of Mr. Bowdish, Mrs. Mumma and Mrs. Morgan
request that a Letter Rogatory be issued to the appropriate judicial authority in Martin County,
Florida, requesting the issuance of a subpoena or other notice to testify.
9. Judge Oler has signed prior Orders in this matter, and the hearing is scheduled
before Joseph Buckley, Esquire, the Auditor appointed by the Court.
WHEREFORE, Mrs. Mumma and Mrs. Morgan respectfully request this Honorable
Court to authorize the issuance of a Letter Rogatory to the appropriate judicial authority in
Martin County, Florida, requesting that it issue a Subpoena or Notice to James L.S. Bowdish,
Esquire, to testify at the Auditor's Hearings during the week of October 26-30, 2009.
Y
By: J ~ ` '
No V. Ot s III, Esquire
I.D. No. 27763
George B. Faller, Jr., Esquir
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
2
Brady L. Green, Esquire
MORGAN, LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, PA 19103-2921
(215) 963-5079
Date: October 9, 2009 Attorneys for Barbara McK. Mumma
and Lisa Murnma Morgan
CERTIFICATE OF SERVICE
I, Melissa A. Scholly, an authorized agent of Martson Law Offices, hereby certify
that a copy of the foregoing Petition of Barbara McK. Mumma and Lisa Mumma Morgan to
Take Testimony Outside the Commonwealth 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)
MARTS N LAW FF~ S
By `~t~~'~Jl` .l)c'~1~~-
Melissa A. Scholly
10 East High Street
Carlisle, PA 17013
Dated: October 9, 2009 (717) 243-3341
F:\FILES\Clients\5844 Mumma Estate\5844.1.Mumma Estate\5844.1.pet for letter rogatory.doc