Loading...
HomeMy WebLinkAbout11-12-09~ ~:\FILES\Clients\5844 Mumma Estate\5844. I.Mumma Estate\5844.1.398.response motion in limine/mas Created: 9/20/04 0:06PM Revised: 11 / 11 /09 10:32AM 5844. I C~ ~.1I:J ' T. -~~r , _. ~ a y ° c.~a , No V. Otto III, Esquire ~ ' c~ c~.+ ~ ~ a~ ~` ~ t ` LD. No. 27763 J~ ~ T; ~ George B. Faller, Jr., Esquire ~ ~ ~ F ~- . ~ F ,` LD. 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 IN RE: IN THE COURT OF COMMON PLEAS OF Estate of Robert M. Mumma, CUMBERLAND COUNTY, PENNSYLVANIA Deceased NO. 21-86-398 ORPHAN'S COURT DIVISION RESPONSE OF BARBARA McK. MUMMA AND LISA M. MORGAN TO ROBERT M. MUMMAS II's MOTION IN LIMINE AND NOW, come Barbara McK. Mumma and Lisa M. Morgan, by and through their counsel, and hereby respond to Robert M. Mumma, II's Motion of Limine as follow: 1. Admitted. 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. Admitted. 3. Admitted. 4. Admitted in part, denied in part. It is admitted that the subject of a motion in limine was raised by Mr. Mumma, II. It is denied that Mr. Mumma, II was "advised" by anyone regarding the propriety or appropriateness of filing such a motion. 5 . Denied. The allegations of these paragraphs constitute statements of relief rather than factual allegations. Therefore, no responsive pleading is required. By way of further response, the relief requested in paragraph (a) is inappropriate. Per the Auditor's ruling, Mrs. Mumma and Mrs. Morgan bear the burden of proving the reasonableness of counsel fees paid by the Estate and the Trusts. They have the discretion to choose the manner in which they attempt to meet that burden and the evidence and testimony they offer in support. There is no requirement that such evidence be by way of testimony of the attorney who provided the legal services in question, and Mrs. Mumma and Mrs. Morgan cannot be compelled to call such witnesses in their case. The relief requested in paragraph (b) likewise is not appropriate. All counsel who were paid by the Estate or the Trusts have been identified in the accounts filed by Mrs. Mumma and Mrs. Morgan. In addition, to the extent they have been located in the files of the Estate or the Trusts or of their current counsel, invoices and other documentation regarding work performed for the Estate and the Trusts have been produced to Objectors. If additional documents are located or obtained, copies will be produced. Discovery in this matter has long since concluded and neither Objector chose to depose any counsel other than Joseph A. O'Connor, Jr. Mrs. Mumma and Mrs. Morgan need not at this juncture provide additional information on the topic. With respect to identification of witnesses, Mrs. Mumma and Mrs. Morgan identified all attorneys they expect to call as witnesses at the hearing before the Auditor{months ago and they reaffirmed that identification at the October sessions of the hearing. To the extent that Mrs. Mumma and Mrs. Morgan decide to call any additional witnesses on this issue, they will notify the Auditor and Objectors. The relief requested in paragraphs (a) and (b) is improper in a motion in limine. That relief constitutes essentially apre-determination that certain evidence (not yet presented) would be inadequate to meet Mrs. Mumma and Mrs. Morgan's burden of proof, rather than a ruling on evidentiary matters that would properly be the subject of a motion in limine. Mr. Mumma, II offers no authority for the proposition that such relief could be granted in this procedural posture. Mrs. Mumma and Mrs. Morgan do not object to the relief requested in paragraph (c). 6. Admitted in part, denied in part. It is admitted that Mr. Mumma, II did not seek concurrence of Mrs. Mumma and Mrs. Morgan to the relief requested. It is denied that counsel for Mrs. Mumma and Mrs. Morgan "that [Mr. Mumma, II] would not receive cooperation with respect to such a motion." Rather, the matter was discussed with the Auditor and, at least with respect to the relief sought in paragraph 5(c), counsel for Mrs. Mumma and Mrs. Morgan indicated agreement to the relief requested. 7. Admitted. MARTSON LAW OFFICES By No V. Otto III, Esquire I.D. No. 27763 George B. Faller, Jr., Esquire I.D. No. 49813 Jennifer L. Spears, Esquire I.D. No. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Brady L. Green MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103 (215) 963-5079 Dated: November 12, 2009 Attorneys for Attorneys for Barbara McK. Mumma and Lisa M. Morgan CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent of Martson Law Offices, hereby certify that a copy of the foregoing Barbara McK. Mumma and Lisa M. Morgan's Response to Robert M. Mumma, II's Motion in Limine was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed to: 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 By~~ ~~. Melissa A. Scholly 10 East High Street Carlisle, PA 17013 Dated: November 12, 2009 (717) 243-3341