HomeMy WebLinkAbout04-15-11 (6)IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE ESTATE OF ORPHANS' COURT DIVISION
ROBERT M. MUMMA,
hJ
Deceased. N0.21-86-398 ~~ . ~'
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EMERGENCY MOTION OF LISA M. MORGAN FOR ~~~ v~ ' '. i._
DISCOVERY SANCTIONS AGAINST BARBARA M. MUMM~~a -r, `- ;
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Pursuant to Pennsylvania Rule of Civil Procedure 4019, Lisa M. Morgan respectfully:
moves this Court as follows for an order excluding any expert testimony by Joseph Wilson or
Hartford Kittle based on the failure of Barbara M. Mumma ("Ms. Mumma") to comply with
Auditor Buckley's Notice scheduling the hearing and requiring disclosure of anticipated
evidence and testimony:
1. A hearing currently is scheduled for May 2-6, 2011 before Auditor Buckley on
objections filed by Ms. Mumma and Robert M. Mumma, II to accounts filed by Mrs. Morgan as
to two Trusts established under the will of Robert M. Mumma, Sr., for the period from January 1,
2004 through July 17, 2010.
2. Auditor Buckley issued a Notice dated March 3, 2011 scheduling the hearing.
3. The Notice included a requirement that "[t]he Parties filing the objections shall within
thirty (30) days of this notice provide counsel for the Estate and the Trusts created thereunder a
list of witnesses to be called, a summary of the evidence to be introduced through such witness
together with a list of any and all exhibits to be introduced at the hearing."
4. On Apri14, 2011, Ms. Mumma sent an email (attached as Exhibit A) listing her
witnesses for the hearing. The list included two experts, Joseph Wilson and Hartford Kittle. The
only information Ms. Mumma provided for either of these witnesses was a parenthetical next to
Mr. Kittle's name reading "Questioned Document Examiner."
5. By email that same day (attached as Exhibit B), counsel for Mrs. Morgan pointed out
to Ms. Mumma the inadequacy of her disclosure and requested a compliance response, including
the required summary of anticipated testimony of Messrs. Wilson and Kittle. The following day,
counsel also requested (attached as Exhibit C) depositions of Messrs. Wilson and Kittle, and
provided a list of potential dates.
6. On Apri16, 2011 (attached as Exhibit D), Ms. Mumma responded that she would
email her exhibit list on April 11, 2011. Her response made no mention of the required
summaries of the anticipated testimony of her experts, and she did not respond to the request for
their depositions.
7. After receiving Ms. Mumma's email, counsel for Mrs. Morgan wrote again to Ms.
Murnma (attached as Exhibit E) noting the deficiencies.
8. On April 11, 2011 (attached as Exhibit F), a week after the deadline in Auditor
Buckley's Notice, Ms. Mumma emailed counsel that she "was tied up on other matters for the
past few days. I will have your information to you in the next few days...." No substantive
information was provided, and Ms. Mumma again declined to respond to the request for
depositions of her experts.
9. Counsel for Mrs. Morgan responded (Exhibit G), pointing out the inadequacy of Ms.
Mumma's response and her non-compliance with the Notice.
10. On April 13, 2011 (attached as Exhibit H), Ms. Mumma for the first time provided a
marginally more substantive response in accordance with the Notice. However, with respect to
Mr. Wilson her response stated in full:
2
Mr. Wilson will be testifying as a supplement to his testimony in the prior hearings, as to
the effect the improper distributions to my mother had on the estate from 2004 to present.
11. Regarding Mr. Kittle, Ms. Mumma stated only that she had "sent [him] a collection
of signatures on documents ...for his review and evaluation as to whether they are authentic."
12. With respect to the request for depositions of Messrs. Kittle and Wilson, Ms.
Mumma questioned counsel's authority for the request without stating a position as to whether
she would make the witnesses available to be deposed.
13. Counsel for Mrs. Morgan immediately responded (attached as Exhibit I) requesting
further information in supplementation of Ms. Mumma's patently insufficient and untimely
disclosures.
14. Having received no response from Ms. Mumma, counsel for Mrs. Morgan on April
14, 2011 (attached as Exhibit J) pointedly asked Ms. Mumma whether she intends (a) "to provide
further summaries of the evidence and testimony she will seek to introduce through Messrs.
Kittle and Wilson at the May hearing" and (b) "to make Messrs. Kittle and Wilson available for
depositions prior to the May hearing." Ms. Mumma has not responded.
15. Ms. Mumma's initial witness disclosure and her subsequent statements are plainly
inadequate in light of the wording of Auditor Buckley's Notice. Any fair reading of the Notice
requires, with respect to expert witnesses, either an expert report or the equivalent of a response
to an expert interrogatory under Pa.R.C.P. 4003.5. Ms. Mumma is fully familiar with the
requirements of expert disclosures, having submitted reports of two experts during the earlier
phase of the hearings before Auditor Buckley. In addition, one of those experts, Daniel P.
Johnson, Esquire, continues to act as Ms. Mumma's counsel though he has not entered an
appearance in this action.
3
16. The effect of Ms. Mumma's failure to provide the required disclosures (or, in fact,
any semblance of a "summary of the evidence to be introduced through" her experts is that,
scarcely two weeks before the scheduled start of the May hearings before Auditor Buckley, Mrs.
Morgan and her counsel have absolutely no idea what opinions Ms. Mumma's experts might
offer, what they have reviewed, or what bases they might have for any opinions.
17. As a consequence, Mrs. Morgan and her counsel are confronted with the need to
cross-examine Ms. Mumma's experts blind. This is both unfair and prejudicial as a general
matter and particularly egregious given that the period covered by the accounts and objections
that will be addressed at the May hearing ended more than nine months ago, the accounts were
filed seven months ago, and the objections were filed five months ago.
18. In particular, Mr. Kittle apparently has not yet even formulated any opinions. Mrs.
Morgan should not bear the consequences of this delay.
19. Under Pa. R.C.P. 4019, the Court is expressly permitted to enter appropriate orders
to address or remedy noncompliance by parties with their discovery obligations under the rules
of procedure and Court orders regazding discovery.
20. Based on the foregoing, and the threat of prejudice to Mrs. Morgan from Ms.
Mumma's clear noncompliance with her discovery obligations, entry of discovery sanctions
against Ms. Mumma is appropriate in this matter.
21. Ms. Bazbaza M. Mumma has not responded to the last several messages from Mrs.
Morgan's counsel, as attached herein, therefore it does not appear that she concurs with the relief
requested in this motion.
22. Judge Oler has ruled on previous issues in this case.
4
WHEREFORE, Mrs. Morgan requests that the Court:
(a) enter an Order excluding from the May hearing before Auditor Buckley any testimony
by Mr. Kittle or Mr. Wilson; or in the alternative,
(b) enter an Order requiring (i) that Ms. Mumma submit by Apri120 a response to
Auditor Buckley's Notice that is fully compliant with Pa.R.C.P. 4003.5 and (ii) produce Mr.
Wilson for a deposition on or before Apri129 by Mrs. Morgan's counsel.l
By:
No V. O o, I ,Esquire
I.D. No. 7 63
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
Brady L. Green, Esquire
MORGAN, LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, PA 19103-2921
(215) 963-5079
Dated: April 15, 2011 Attorneys for Lisa M. Morgan
Should the Court order a disclosure by Ms. Mumma and/or depositions, Mrs. Morgan reserves her
right to seek further relief, including adequate time to prepare for cross-examination or preparation
of responsive expert testimony, once the intended testimony of Ms. Mumma's experts has been
revealed.
5
Green, Brad L.
From: Barbara Mumma [bmumma~me.com]
(' ~ 'Sent: Monday, April 04, 2011 3:50 PM
To: josblaw(c~aol.com
Cc: Green, Brady L.; Otto III; Robert Mumma
Subject: Barbara (gabs) Mumma's Witness List
Here is my witness list for the resumed hearings scheduled to begin May 2, 2011.
Lisa Mumma
Barbara Mumma
7oseph Wilson
Hartford Kittle (Questioned Document Examiner).
I reserve the right to amend and or supplement this list.
Respectfully,
Barbara Mumma
,.
1
EXHIBIT "A"
Green, Brad L.
From: Green, Brady L.
~" 'Sent: Monday, April 04, 2011 4:30 PM
To: 'Barbara Mumma'
Cc: No V. Otto III; 'George B. Faller Jr.'; 'Jennifer L. Spears'
Subject: Barbara (Babs) Mumma's Witness List
Dear Babs:
Thank you for providing your witness list. Auditor euckley's Notice dated March 3, 2011
states that, in addition. to naming their anticipated witnesses, the Parties filing the
objections shall "provide a summary of the evidence to be introduced through such
witness together with a list of any and all exhibits to be introduced at the hearing.
Kindly provide the required- summary and list of exhibits.
Brady L. Green
Morgan, Lewis & Bockius LLP
1701 Market Street ~ Philadelphia, PA 19103-2921
Direct: 215.963.5079 ~ Main: 215.963.5000 ~ Fax: 215.963.5001 www moreanlewis.com
Assistant: Rita H. Krochmal ~ 215.963.4937 ~ rkrochmal~morsanlewis.com
IRS Circular 230 Disclosure
To ensure compliance with requirements imposed by the IRS, we inform you that any U.S.
federal tax advice contained in this communication (including any attachments) is not
intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties
under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party
any transaction or matter addressed herein. For information about why we are required to
include this legend in emails, please see htto~//www morRanlewis com/circular230
---Original Message-----
From: Barbara Mumma [mailto:bmumma(~me.com]
Sent: Monday, April 04, 2011 3:50 PM
To: joeb].aw@aol.com
Cc: Green, Brady L.; Otto III; Robert Mumma
Subject: Barbara (Babs) Mumma's Witness List
Here is my witness list for the resumed hearings scheduled to begin May 2, 2011.
Lisa Mumma
Barbara Mumma
Joseph Wilson
Hartford Kittle (Questioned Document Examiner).
I reserve the right to amend and or supplement this list.
Respectfully,
Barbara Mumma
EXHIBIT "B"
Green, Brad L.
r° From: Green; Brady L.
Sent: Tuesday, April 05, 2011 1:03 PM
To: 'Barbara Mumma'
Cc; 'JOEBLAW ~aol.com'; No V. Otto III; 'George B. Falter Jr.'; 'Jennifer L. Spears';
rmmtwo~mac.com
Subject: In re Estate of Robert M Mumma, Deceased, No 21-86-396 (OC Cumberland)
Dear Babs:
We wish to depose 7oseph Wilson and Hartford Kittle. Please advise as to their availability
on the following dates: April 13, April 14, April 15, April 18, April 21, April 25 or April
26, including the locations} at which they would appear. This request is without waiver of
any objection we may have to the testimony of these individuals upon receipt of the
information requested below and required by Auditor Buckley's Notice dated March 3, 2011.
A prompt response to this request mine below from yesterday is appreciated.
Brady L. Green
Morgan, Lewis & Bockius LLP
1701 Market Street ~ Philadelphia, PA 19103-2921
Direct: 215.963.5079 ~ Main: 215.963.5090 ~ Fax: 215.963.5001 www.moreanlewis.com
Assistant: Rita H. Krochmal ~ 215.963.4937 ~ rkrochmal(~moreanlewis.com
IRS Circular 230 Disclosure
To ensure compliance with requirements imposed by the IRS, we inform you that any U.S.
( federal tax advice contained in this communication (including any attachments) is not
intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties
under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party
any transaction or matter addressed herein. For information about why we are required to
include this legend in emails, please see htta•/fwww moreanlewis.com/circular230
-----Original Message-----
From: Green, Brady L.
Sent: Monday, April 04, 2011 4:30 PM
To: 'Barbara Mumma'
Cc: No V. Otto III; 'George B. Faller 7r.'; '7ennifer L. Spears'
Subject: Barbara (Babs) Mumma's Witness List
Dear Babs.:
Thank you for providing your witness list. Auditor Buckley's Notice dated March 3, 2011
states that, in addition to naming their anticipated witnesses, the Parties filing the
objections shall "provide a summary of the evidence to be introduced through such
witness together with a list of any and all exhibits to be introduced at the hearing.
Kindly provide the required summary and list of exhibits.
Brady L. Green
Morgan, Lewis & Bockius LLP
1701 Market Street ( Philadelphia, PA 19103-2921
Direct: 215.963.5079 ( Main: 215.963.5000 E Fax: 215.963.5001 www.morQanlewis.com
Assistant: Rita N. Krochmal ~ 215.963.4937 ~ rkrochmal~norsanlewis.com
IRS Circular 230 Disclosure
To ensure compliance with requirements imposed by the IRS, we inform you that any U.S.
federal tax advice contained in this communication (including any attachments) is not
EXHIBIT "C"
intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties
under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party
any transaction or matter addressed herein. For information about why we are required to
include this legend in emails, please see http•//www moreanlewis.com/circular230
-----Original Message-----
From: Barbara Mumma [mailto:bmumma@me.comJ
Sent: Monday, April 04, 2011 3:50 PM
To: joeblay~aol.com
Cc: Green, Brady L.; Otto III; Robert Mumma
Subject: Barbara (Bobs) Mumma's Witness List
Here is my witness list for the resumed hearings scheduled to begin May 2, 2011.
Lisa Mumma
Barbara Mumma
7oseph Wilson
Hartford Kittle (Questioned Document Examiner).
i reserve the right to amend and or supplement this list.
Respectfully,
Barbara Mumma
r'
2
Green, Brad L.
~- From:
~ Sent:
To:
Cc:
Subject:
Brady Good Morning,
Barbara Mumma [bmumma@me.com]
Wednesday, April 06, 2011 11:29 AM
Green, Brady L.
joeblawQaol.cgm;otto III; Robert Mumma
Re: Barbara (Babs) Momma's Witness List
I overlooked the exhibit request. I apologize. I will email it to you and everyone on Monday.
Thanks for your understanding.
I have not received your witness list or exhibit list.
Enjoy the weekend.
Babs
On Apr 4, 2011, at 4:29 PM, Green, Brady L. wrote:
> [?ear Babs:
> Thank you for providing your witness list. Auditor Buckley's Notice
> dated March 3, 2011 states that, in addition to naming their
> anticipated witnesses, the Parties filing the objections shall
> "provide a summary of the evidence to be introduced through such
> witness together with a list of any and all exhibits to be introduced
> at the hearing." Kindly provide the required summary and list of
~~ > exhibits.
4... - >
> Brady L. Green
> Morgan, Lewis & Bockius LLP
> 1701 Market Street ~ Philadelphia, PA 19103-2921
> Direct: 215.963.5079 ~ Main: 215.963.5000 ~ Fax: 215.963.5001
> www morsanlewis.com
> Assistant: Rita H. Krochmal ~ 215.963.4937 ~ rkrochmal(aknoreanlewis.com
> IRS Circular 230 Disclosure
> To ensure compliance with requirements imposed by the IRS, we inform
> you that any U.S. federal tax advice contained in this communication
> (including any attachments) is not intended or written to be used, and
> cannot be used, for the purpose of (i) avoiding penalties under the
> Internal Revenue Code or (ii) promoting, marketing or recommending to
> another party any transaction or matter addressed herein. For
> information about why we are required to include this legend in
> emails, please see http'//www morRanlewis.com/circular230
> -----Original Message-----
> From: Barbara Mumma [mailto:bmumma~lme.com)
> Sent: Monday, April 04, 2011 3:50 PM
> To: joeblaw~laol.com
> Cc: Green, Brady L.; Otto III; Robert Mumma
> Subject: Barbara (Babs) Momma's Witness List
`' > Here is my witness list for the resumed hearings scheduled to begin
> May 2, 2011.
1
EXHIBIT "D"
> Lisa Mumma
> Barbara Mumma
> 7oseph Wilson
r""' > Hartford Kittle (Questioned Document Examiner).
~ >
> I reserve the right to amend and or supplement this list.
> Respectfully,
> Barbara Mumma
> DISCLAIMER
> This a-mail message is intended only for the personal use of the
> recipient(s) named above. This message may be an attorney-client
> communication and as such privileged and confidential and/or it may
> include attorney work product.
> If you are not an intended recipient, you may not review, copy or
> distribute this message. If you have received this communication in
> error, please notify us immediately by a-mail and delete the original
> message.
j,,.
z
Green,. Brad L.
~`° From: Green, Brady L.
~ 'Sent: Wednesday, April 06, 2011 11:55 AM
To: 'bmumma@me.com'
Cc: 'JOEBLAW (c~aol.com'; 'iottoQmartsonlaw.com'; 'rmmtwoQmac.com';
'jspearsQ martsonlaw.com'
Subject: In re Estate of Robert M Mumma, Deceased, No 21-86-398 (OC Cumberland)
Dear Babs:
Thank you for your message. However, you have not addressed the question of sleaselrespondhto
evidence to be introduced through each witness. Please provide those. Also, p
my separate message regarding depositions of the two witnesses.
Brady
Brady L. Green
Morgan, Lewis & Bockius LLP
1701 Market Street ~ Philadelphia, PA 19103-2921
Direct: 215.963.5079 ~ Main: 215.963.5000 ~ Fax: 215.963.5001 www morsanlewis.com
Assistant: Rita H. Krochmal ~ 215.963.4937 ~ rkrochmalf~morsanlewis.com
IRS Circular 230 Disclosure
Td ensure compliance with requirements imposed by the IRS, we inform you that any U.S.
federal tax advice contained in this communication (including any attachments) is not
intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties
~`" >:under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party
~`~ "any transaction or matter addressed herein. For information about why we are required to
include this legend in emails, please see htta'//~ morsanlewis com/circular230
----- Original Message -----
From: Barbara Mumma [mailto:bmumma@rne.com)
Sent: Wednesday, April 06, 2011 11:29 AM
To: Green, Brady L.
Cc: joeblaw@aol.com <70EBLAW~aol.com>; Otto III <iotto~martsonlaw.com>; Robert Mumma
<rmmtwo@mac.com>
Subject: Re: Barbara (Babs) Mumma's Witness List
Brady Good Morning,
I overlooked the exhibit request
and everyone on Monday.
Thanks for your understanding.
I have not received your witness
Enjoy the weekend.
Babs
I apologize. I will email it to you
list or exhibit list.
On Apr 4, 2011, at 4:29 PM, Green, Brady L. wrote:
> Dear Babs:
_. ~
> Thank you for providing your witness list. Auditor Buckley's Notice
> dated March 3, 2011 states that, in addition to naming their
1
EXHIBIT "X"
> anticipated witnesses, the Parties filing the objections shall
> "provide a summary of the evidence to be introduced through
> such witness together with a list of any and all exhibits to be
~.~•r-~>.> introduced at the hearing." Kindly provide the required summary and
~•' > list of exhibits.
>
> Brady L. Green
> Morgan, Lewis & Bockius LLP
> 1701 Market Street ~ Philadelphia, PA 19103-2921
> Direct: 215.963.5079 ~ Main: 215.963.5000 ~ Fax: 215.963.5001
> www moraanlewis.com
> Assistant: Rita H. Krochmal ~ 215.963.4937 ~ rkrochmal~moreanlewis.com
> IRS Circular 230 Disclosure
> To ensure compliance with requirements imposed by the IRS, we inform
> you that any U.S. federal tax advice contained in this communication
> (including any attachments) is not intended or written to be used,
> and cannot be used, for the purpose of (i) avoiding penalties under
> the Internal Revenue Code or (ii) promoting, marketing or
> recommending to another party any transaction or matter addressed
> herein. For information about why we are required to include this
> legend in emails, please see htto•//www morRanlewis.com/circular230
> -----Original Message-----
> From: Barbara Mumma [mailto:bmumma~me.com]
> Sent: Monday, April 04, 2011 3:50 PM
> To: joeblaw@aol.com
> Cc: Green, Brady L.; Otto III; Robert Mumma
~'"''> Subject: Barbara (Babs) Mumma's Witness list
i;., >
> Here is my witness list for the resumed hearings scheduled to begin
> May 2, 2011.
> Lisa Mumma
> Barbara Mumma
> 7oseph Wilson
> Hartford Kittle (Questioned Document Examiner).
> I reserve the right to amend and or supplement this list.
> Respectfully,
> Barbara Mumma
> DISCLAIMER
> This a-mail message is intended only for the personal use
> of the recipient(s) named above. This message may be an
> attorney-client communication and as such privileged and
> confidential and/or it may include attorney work product.
> If you are not an intended recipient, you may not review,
> copy or distribute this message. If you have received this
> communication in error, please notify us immediately by
> e-mail and delete the original message.
2
Green, Brady L
From: Barbara Mumma [bmumma@me.com]
~ Sent: Monday, April 11, 2011 3:1() PM
To: Green, Brady L.
Cc: joeblaw@aol.com; Otto III; Robert Mumma
Sub}ect: Exhibits etc.
Dear Brady,
I am sorry, but I was tied upon other matters for the past few days. I will have your information to you in the next
few days, which will give you more than sufficient time to prepare prior to the commencement of the hearings on
May 2, as you requested.
Ba bs
,..
ti
i
EXHIBIT'' "F"
Green, Brad ~.
From: Green, Brady L.
'Sent: Tuesday, April 12, 2011 10:06 AM
~• To: bmumma ,
Cc: 'JOEBLAW(c~aol.com'; No Otto; George B. Faller Jr.; Jennifer L. Spears'; rmmtwo
Subject: In re Estate of Robert M Mumma, Deceased, No 21-86-396 (OC Cumberland)
Dear Babs:
Your disclosures of anticipated testimony and exhibits are now more than a week late under Auditor Buckley's Notice of
hearing. We wrote promptly to you noting these deficiencies, but you have nonetheless failed to remedy them. Indeed,
your message last Wednesday made clear that you had no intention of even attempting to provide the required
disclosures until after the weekend, and your message below suggests you may not do so for at least another "few
days." You also have ignored my request that you provide dates on which we may depose two of your witnesses.
~, ~~
Your judgment as to what constitutes sufficient time for us adequately to prepare for the hearing is irrelevant; Auditor
8uckley's Notice established the time we would have to do so. You have unilaterally decided not to abide by the clear
terms of that Notice, even though it required nothing more than disclosure of the evidentiary basis for objections you
asserted more than four months ago. You have failed to seek any relief from the requirements in the Notice, or to
provide any basis for your failure to comply.
We will take all steps we deem necessary to prepare for the hearing. We reserve also all rights and positions to seek to
recoup costs, exclude evidence or testimony, or otherwise address your failures to comply with the clear requirements
of the Notice.
Brady L. Green
` "" Morgan. Lewis 8 Bockius LtP
1701 Market Street I Philadelphia, PA 19103-2921
Direct: 215.963.5079 I Main: 215.963.5000 I Fax: 215.963.5001
www.morganlewis.com
Assistant: Rita H. Krochmal 1215.963.4937 I rkrochmalt~morganlewis.com
IRS Circular 230 Disclosure
To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this
communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding
penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter
addressed herein. For information about why we are required to include this legend in emails: please see
http~//www moraanlewis.com/circular230
From: Barbara Mumma [mailto:bmumma@me.com]
Sent: Monday, April 11, 2011 3:10 PM
To: Green, Brady L.
Cc: joeblaw@aol.com; Otto III; Robert Mumma
Subject: Exhibits etc.
Dear Brady,
I am sorry, but !was tied upon other matters for the past few days. E will have your information to you in the next
few days, which will give you more than sufficient time to prepare prior to the commencement of the hearings on
May 2, as you requested.
Babs
DISCLAIMER
This a-mail message is intended only for the personal use
EXHIBIT "G"
of the recipient(s) named above. This message may be an
attorney-client communication and as such privileged and
confidential and/or it may include attorney work product.
If you are not an intended recipient, you may not review,
`copy or distribute this message. If you have received this
communication in error, please notify us immediately by
e-mail and delete the original message.
,..
~.,
2
Grean, Bract L.
F"° From: Barbara Mumma [bmummaQme.com]
., . Sent: Wednesday, April 13, 2011 11:37 AM
To: Green, Brady L.
Cc: joeblawQaol.com; Otto III; Robert Mumma
Subject: In re Estate of Robert M. Mumma, Deceased, No. 21-86-398 (OC Cumberland)
Dear Brady:
I am sorcy for any confusion my recent email may have caused you. I responded the way I did because Ireceived an e-mail from you whic
understood to say that you wanted to be sure you received the information in time to adequately prepaze for the hearings. I certainly was not
presuming to tell you how long you might need to do that.
1 am trying very hard to compile a proposed list of exhibits. There likely will not be too many.
1 presume that the recent filings by Lisa of the accounts from 2004 to present do not need to be listed by me as exhibits.
1 plan to introduce the by-laws of Bobali Corporation and, if 1 can locate them, the by-laws for G-A-T Distribution and D-E Distribution. I also plan
to introduce the tenancy in common documents.
[ also will introduce a collection of signatures on documents which 1 sent to Mr. Kittle, the questioned document examiner, for his review and
evaluation as to whether they were authentic. He is in the process of evaluating them. If he can reach a conclusion based on the documents I sent
him, then I will call him as a witness. If not, then of course 1 will not call him.
I will introduce a series of photographs of Hi-Spec files, and I may introduce recent motions I have seen in the Hi-Spec litigation.
i will ask Lisa questions regarding the following azeas; her acts and omissions as an executrix between 2004 and 2011, the histories of powers of
attorney and her relationship with Mom during that period. I also intend to ask about the effect Lisa's acts and omissions have had on the current
status and assets of the estate.
Mr. Wilson will be testifying as a supplement to his testimony in the prior hearings, as to the effect the improper distributions to my mother had on
the estate from 2004 to present.
I also plan to introduce documents which I have received from Lisa's sources as to the valuations of certain properties.
As to your request for the depositions of Mr. Kittle and Mr. Wilson, as you know, [ am proceeding pro se. However,l was under the distinct
impression that in Pennsylvania the depositions of experts were not taken, but that they could be requested to provide information through written
responses to certain interrogatories. 1know, for example, that neither Mr. Wilson's deposition nor Dan Johnson's deposition was taken a8er I
identified them before the recent set of heazings when I provided their testimony. Could you please explain for me whether there is some local rule
,' that I am not aware of!
~~., . [hope this information has helped clear up any misunderstandings.
Without meaning to be disrespectfui, am 1 also correct that I have received your witness list, but have not received a summary of the proposed
testimony of your witnesses, nor have I received an exhibit list?
Babs
',
ERHIBIT t'H"
Green, Brad- L.
t~`"": From: Green, Brady L.
~,;„;'Sent: Wednesday, April 13, 2011 11:55 AM
To: 'Barbara Mumma'
Cc: joeblaw@aol.com; Otto III; Robert Mumma; George B. Faller Jr.; 'Jennifer L. Spears'
Subject: to re Estate of Robert M. Mumma, Deceased, No. 21-86-398 (OC Cumberland)
Dear Babs:
Thank you for your message.
With respect to Mr. Wilson and Mr. Kittle, please provide additional information as contemplated by Auditor Buckley's
notice, which requires "a summary of the evidence to be introduced through [each] witness." What documents is Mr.
Kittle reviewing? Has Mr. Wilson prepared calculations, summaries or other documents relating to the opinions and
testimony he expects to give?
We did not depose Messrs. Wilson and Johnson when they were disclosed back in 2009 because we had reports from
them that summarised their opinions and the bases for them. We were able to prepare for the hearing based on those
reports, and we did' not pursue a request for depositions. We have nothing like that level of detail with respect to
anything. they might have to say this time around. We read Auditor Buckley's Notice as requiring reports or other
detai{ed disc{osures of any anticipated expert testimony. Do you intend to provide us with such?
As for our fist, the Notice does not expressly require that Lisa disclose witnesses or exhibits. Nonetheless, my April 6
email lists our intended witnesses on the issues as to which we bear the burden of proof -- i,e., legal and trustee fees. I
also advised that the documents we presently intend to present on those issues (almost of which previously were
~~: produced) are available for inspection at the Martson firm. There is approximately one full box of such documents. As
noted in my April 6 email, we may also introduce docket reports or other materials detailing activity in the various
litigation matters as to which the legal fees relate. We may also introduce additional evidence or testimony in response
to whatever you and Bob might introduce.
Brady
Brady L. Green
Morgan, Lewis & Bockius LLP
1701 Market Street ~ Philadelphia, PA 19103-2921
Direct: 215.963.5079 ~ Main: 215.963.5000 ~ Fax: 215.963.5001
www.morganlewis.com
Assistant: Rita H. Krochmal 1215.963.4937 I rkrochmal®morganlewis.com
IRS Circular 230 Disclosure
-Co ensure compliance with requirements imposed by the IRS, we inform you that any U.S, federal tax advice contained in this
communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding
penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter
addressed herein. For information about why we are required to include this legend in emaits, please see
httpalwww.morganlewis.comlcircular230
_.
__ .. _.
From: Barbara Murnma [mailto:bmumma@me.com]
Sent: Wednesday, April 13, 2011 11:37 AM
To: Green, Brady L.
Cc: joeblaw@aol.com; Otto III; Robert Mumma
Subject: In re Estate of Robert M. Mumma, Deceased, No. 21-86-398 (OC Cumberland)
EXHIBIT "I"
Dear Brady:
f am sorry for any confusion my recent email tray have caused you. I responded the way I did because I received an a-mail from you whic
understood to say that you wanted to be sure you received the information in time to adequately prepare for the hearings. I certainly was not
presuming to tell you how long you might need to do that.
f"~ i am trying very hard to compile a proposed list ofexhibits. There likely will not be too many
~. • - I presume that the recent filings by Lisa of the accounts from 2004 to present do not need to be listed by me as exhibits.
1 plan to introduce the by-laws of Bobali Corporation and, if i can locate them, the by-laws for G-A-T Distribution and D-E Distribution. I also plan
to introduce the tenancy in common documents.
I also will introduce a collection of signatures on documents which [ sent to Mr. Kittle, the questioned document examiner, for his review and
evaluation as to whether they were authentic. He is in the process of evaluating them. If he can reach a conclusion based on the documents I sent
him, then I will call him as a witness. If not, then of course I will not call him.
I will introduce a series of photographs of Hi-Spec files, and I may introduce recent motions l have seen in the Hi-Spec litigation.
1 wilt ask Lisa questions regazding the following azeas; her acts and omissions as an executrix between 2004 and 2011, the histories of powers of
attorney and her relationship with Mom during that period. I also intend to ask about the effect Lisa's acts and omissions have had on the current
status and assets of the estate.
Ivir. Wilson will be testifying as a supplement to his testimony in the prior hearings, as to the effect the improper distributions to my mother had on
the estate from 2004 to present.
I also plan to introduce documents which 1 have received from Lisa's sources as to the valuations of certain properties.
As to your request for the depositions of Mr. Kittle and Mr. Wilson, as you know, [ am proceeding pro se. However, 1 was under the distinct
impression that in Pennsylvania the depositions of experts were not taken, but that they could be requested to provide information through written
responses to certain interrogatories. I know, for example, that neither Mr. Wilson's deposition nor Dan Johnson's deposition was taken after [
identified them before the recent set of hearings when I provided their testimony. Could you please explain for me whether there is some local rule
that [ am not aware of?
I hope this information has helped cleaz up any misunderstandings.
Without meaning to be disrespectful, am I also correct that I have received your witness list, but have not received a summary of the proposed
testimony of your witnesses, nor have I received an exhibit list?
$abs
~',
Green, Brad L.
.From: Green, Brady L.
~'.;"Sent: Thursday, April 14, 2011 1:14 PM
"" To: bmumma
Cc: 'JOEBLAWQaoi.com'; No Otto; George B. Faller Jr.; 'Jennifer L. Spears'; rmmtwo
Sub)ect: In re Estate of Robert M Mumma, Deceased, No 21-86-398 (OC Cumberland)
Dear Babs:
In follow-up to our exchange of emaiis yesterday:
1. Oo you intend to provide further summaries of the evidence and testimony you will seek to introduce
through Messrs. Kittle and Wilson at the May hearing before Auditor Buckley?
2. Do you intend to make Messrs. Kittle and Wilson available for depositions prior to the May hearing before
Auditor Buckley?
Brady
Brady L. Green
Morgan, Lewis 8. Bockius LLP
1701 Market Street I Philadelphia, PA 19103-2921
Direct: 215.983.5079 ~ Main: 215.963.5000 I Fax: 215.963.5001
www.morganlewis.com
Assistant: Rita H. Krochmal 1215.963.4937 ~ rkrochmai(~morganlewis.com
~! ;'RS Circular 230 Disclosure
>"o ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this
communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding
penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter
addressed herein. For information about why we are required to include this legend in emaiis, please see
httu~//www moraanlewis com/circular234
EXHIBIT "J"
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Manson Deardorff Williams Otto Gilroy &
Faller, hereby certify that a copy of the Emergency Motion of Lisa M. Morgan for Discovery
Sanctions Against Barbara M. Mumma was served this date by depositing same in the Post Office
at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Robert M. Mumma, II
6880 S.E. Harbor Circle
Stuart, FL 34996-1968
Robert M. Mumma, II
840 Market Street
Suite 33333
Lemoyne, PA 17043
Ms. Barbara M. Mumma
541 Bridgeview Drive
Lemoyne, PA 17043
Ms. Linda M. Mumma
512 Creekview Lane
Mechanicsburg, PA 17055
Joseph D. Buckley, Esquire
1237 Holly Pike
Carlisle, PA 17013
MARTSON LAW OFFICES
By
Trici Eckenroad
Ten Eas High Street
Carlisle, PA 17013
Dated: April 15, 2011 (717) 243-3341