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Home My WebLink About01-05-11 No V. Otto, III, Esquire c 0 r,a = ` z~ Ta T` LD. No. 27763 ~ George B. Faller, Jr., Esquire ~ n x>+,',.~ '~ Win. ' LD. No. 49813 ~ L' ~' `~'~` - ` `" m~ ~ Jennifer L. Speazs, Esquire `-~' c7c~ ~ -- ~? ' ' ~ ~'! I.D. No. 87445 ~ ~ <:~ ~ ~= ~,,, .c~= rn MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER --~ y [' cn MARTSON LAW OFFICES ~ ~' >' 10 East High Street Cazlisle, PA 17013 (717)243-3341 gfal lerCa~martsonlaw. com Attorneys for Lisa M. Morgan, Co-executrice of the Estate of Robert M. Mumma TN RE ESTATE OF IN THE COURT OF COMMON PLEAS OF ROBERT M. MUMMA CUMBERLAND COUNTY, PENNSYLVANIA Deceased N0.21-86-398 ORPHAN'S COURT DNISION MOTION FOR PROTECTIVE ORDER AND NOW comes Lisa M. Morgan, an Executrice of the Estate of Robert M. Mumma, deceased, and Trustees under his Will, and moves this Court to enter a protective order, and in support thereof, aver as follows: On or about December 6, 2010 ,Robert M. Mumma, II, by his counsel, Maurice Mitts, Esquire, mailed a Notice of Deposition of Lisa M. Morgan in the above-referenced proceeding. A copy of the Notice is attached as Exhibit "A" hereto. 2. The Notice schedules the deposition to take place in Linglestown, Pennsylvania on January 13, 2011. 3. Because Mrs. Morgan is unavailable on January 13, 2011, Brady L. Green, Esquire, counsel for Mrs. Morgan contacted Attorney Mitts on December 13, 2010, to discuss rescheduling the deposition, including changing the location to Florida where Mrs. Morgan resides and Mr. Mumma, II, is a resident. Attorney Mitts said he would look into whether his client was agreeable to conducting the deposition in Florida. 4. After Attorney Mitts did not communicate further following the December 13, 2010, call, Attorney Green followed up as follows by email to Attorney Mitts on December 22, 2010: I am writing to follow up on our discussion regarding the scheduling and location of Lisa Morgan's deposition. As I advised you, she is not available to come to Pennsylvania on January 13. I had anticipated hearing back from you regarding our proposal that we do the deposition in Florida, as both Mrs. Morgan and Mr. Mumma, II (who I anticipate would attend) are Florida residents. You indicated you would explore whether this was acceptable on your end. Mrs. Morgan could be available for deposition in Florida, or by phone or videoconference, on January 14 or January 21. Alternatively, she could be available for deposition in Pennsylvania on January 27. Please let me know as soon as possible which of these options you prefer. 5. Having received no response, Attorney Green telephoned Attorney Mitts on January 4, 2011. Upon being advised that Attorney Mitts was not in the office, Attorney Green left a voicemail message asking that Attorney Mitts contact him to discuss the scheduling and location of Mrs. Morgan's deposition. 6. As of the filing of this Motion, Attorrney Mitts has not responded to either Attorney Green's email of December 22, 2010 or his voicemail of January 4, 2011. 7. Mrs. Morgan is unavailable to be deposed in Pennsylvania on January 13, 2011. She has offered multiple alternatives in order to afford Mr. Mumma, II, a reasonable opportunity to depose her. 8. Because she cannot appear as noticed on January 13, and because Mr. Mumma, II's counsel has to date not agreed to a postponement, Mrs. Morgan seeks a Court Order for protection excusing her from appearing in accordance with the Notice. 9. Mrs. Morgan has appeared for numerous depositions by Mr. Mumma, II. She also has testified and been cross-examined in various trials and hearings, including multiple days during 2009 and 2010 during the hearing in front of the Auditor in the above-referenced matter. 10. Judge Oler has ruled on previous issues in this case. 2 11. As detailed above, Mr. Mumma, II's counsel has not responded to any requests for information, including email and telephone messages, therefore counsel for Mrs. Morgan has been unable to obtain concurrence with the Motion and it is presumed to be refused. WHEREFORE, Mrs. Morgan requests this Honorable Court enter an Order of protection canceling the deposition noticed for January 13, 2011. MARTSON LAW OFFICES By: No V. Otto; TII, 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 Dated: January 5, 2011 Attorneys for the Lisa M. Morgan 3 MITTS MILAVEC, LLC Maurice R. Mitts, Esquire Attorney I.D. No. 50297 Two Logan Square, 12a' Floor Eighteenth and Arch Streets Philadelphia, PA l 9103 Attorneys for Robert M. Mumma, II, Telephone: (215) 569-1800 beneficiary under duly probated will Facsimile: (215) 569-1822 of his father, Robert M. Mumma mmitts ,mittslaw.com __ 1N RE: ESTATE OF 1N THE COURT OF COMMON PLEAS OF ROBERT M. MUMMA CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-86-398 NOTICE OF DEPOSITION TO; Lisa M. Morgan c/o No V. Otto, III, Esquire Manson Law Offices 10 East High Street Carlisle, PA 17013 PLEASE TAKE NOTICE that pursuant to Pennsylvania Rule of Civil Procedure 4007.1, Robert M. Mumma, II, beneficiary under duly probated will of his father Robert M. Mumma, will take the oral deposition of Lisa M. Morgan before a person duly authorized to administer oaths, at Network Deposition Services, 2000 Lingletown Road, Suite 102, Harrisburg, PA 17110, commencing at 10:00 a.m. on Thursday, January 13, 2011. EXHIBIT "A" The deposition will continue from day to day until completed. MITTS MILAVEC, LLC rl.,... ~~ Date: December 6, 2010 'ce R. Mitts, Esquire Attorney I.D. No. 50297 Two Logan Square, 12th Floor Eighteenth and Arch Streets Philadelphia, PA 19103 Attorneys for Robert M. Mumma, II, Bene, ficiary under duly probated will of hfs father, Robert M. Mumma ..;. , .,. CERTIFICATE OF SERVICE I, Maurice R. Mitts, Esq., do hereby certify that I caused a copy of the foregoing Notice of Deposition be served on December 6, 2010 via U.S. Mail, first class, postage prepaid addressed to the following: No V. Otto, III, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Brady Green, Esquire Morgan, Lewis & Bockius, LLP 1701 Market Street Philadelphia, PA 19103-2921 Barbara Mann Mumma 541 Bridgeview Dr. Lemoyne, PA 19043 Linda Mumma Roth c/o Carter Ellis 203 Friars Court Mechanicsburg, PA 17050 Joseph D. Buckley, Esquire Court-Appointed Auditor 1237 Holly Pike Carlisle, PA 17013 ~- L , ~. C~' .. aunce R. Mitts, Esquire Attorney ID. No.: 50297 Two Logan Square, 12`'' Floor Eighteenth and Arch Streets Philadelphia, PA 19103 (215) 569-1800 (telephone) (215) 569-1822 (facsimile) Attorney for Robert M Mumma, 11, Beneficiary under duly probated will of his father, Robert M. Mumma CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the Motion for Protective Order was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Maurice Mitts, Esquire Mitts Milavec, LLC Two Logan Square Twelfth Floor 18th and Arch Streets Philadelphia, PA 19103 Ms. Barbara M. Mumma 541 Bridgeview Drive Lemoyne, PA 17043 Ms. Linda M. Mumma 512 Creekview Lane Mechanicsburg, PA 17055 Ms. Linda Mumma c/o Carter Ellis 203 Friars Court Mechanicsburg, PA 17050 Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 MARTSON LAW OFFICES By l ~ ITricia D. Eckenr~ad l ' Ten East High Street Carlisle, PA 17013 Dated: January 5, 2011 (717) 243-3341