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HomeMy WebLinkAbout04-26-11 (4)Jeffrey R. Boswell, Esquire Supreme Court I.D. #25444 BOSWELL, TINTNER & PICCOLA 315 North Front Street Harrisburg, Pennsylvania 17101 Phone: (717) 236-9377 Fax: (717) 236-9316 Email: jboswell(a~btpalaw.com ^.. ~. - - ~ - , ~ ~,~ . , . . ,~... Cl3 I~ " , .. _.. ..._ _ ,._ ~: - - .. __ .~ 1 ~ _ ~• .~ ~ ' °r~ IN RE: ESTATE OF ROBERT M. MUMMA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO.: 21-86-398. Motion to Quash Second Subpoena EMERGENCY MOTION FOR PROTECTIVE ORDER TO QUASH SECOND SUBPOENA OF COUNSEL AND NOW comes Jeffrey R. Boswell, Esquire, and BOSWELL, TINTNER & PICCOLA, and hereby files the instant Emergency Motion for Protective Order to Quash Second Subpoena of Counsel, and in support thereof states as follows: ~ 1. Undersigned counsel originally received a "Notice of Deposition Duces Tecum" (hereinafter, the "First Notice") issued by Robert M. Mumma, II ("Mr. Mumma"), a pro se individual, back in March 2011. The First Notice cited the above-captioned Estate and was dated March 21, 2011. A true and correct copy of the First Notice has been attached hereto as Exhibit "A." 2. The First Notice contained a request to depose undersigned counsel, of Boswell, Tintner & Piccola, on April 19, 2011 at 10:00 a.m. at the "offices" of Robert M. Mumma, II at "840 Market Street, Suite 33333, Lemoyne, PA 17043." The First Notice also contained a Subpoena Duces Tecum, demanding production of "minute books, stock books, shareholder books and lists for Union Quarries, Inc." See Exhibit A. 3. In response to the First Notice, undersigned counsel filed an Emergency Motion for Protective Order to Stay/Prohibit Deposition of Counsel and Motion to Quash Subpoena Duces Tecum on April 15, 2011. A true and correct copy of the time-stamped Motion has been attached hereto as Exhibit "B." 4. Undersigned counsel incorporates, by reference hereto, each of the averments contained in Exhibit B, as if fully set forth herein. 5. By Order of Court dated April 15, 2011, the Honorable Judge J. Wesley Oler, Jr. granted counsel's Motion for Protective Order to Stay/Prohibit Deposition of Counsel and Motion to Quash Subpoena Duces Tecum and stayed the effect of the First Notice and attendant Subpoena Duces Tecum. A true and correct copy of the Order of Court has been attached hereto and marked Exhibit "C." 2 6. In the interim, on or about April 7, 2011, Mr. Mumma obtained a Subpoena to Attend and Testify (hereinafter, the "Second Subpoena") for undersigned counsel to testify, purportedly on his behalf, at the Auditor's Hearing on May 3, 2011. A copy of the Second Subpoena is attached hereto and marked Exhibit "D." 7. The Second Subpoena further requests that counse! produce, for inspection at the Auditor's Hearing, all of the "materials listed in your Notice of Deposition dated March 21, 2011." The First Notice requested that counsel "bring with him to the deposition the following documents: Minute books, stock books, shareholder books and lists for Union Quarries, Inc." (hereinafter, the "Duces Tecum Material"). The effect of the First Notice was stayed by Judge Oler. See Exhibit C. 8. The Second Subpoena is faulty and should be quashed for the same reasons counsel submitted in the Emergency Motion for Protective Orderto Stay/Prohibit Deposition of Counsel and Motion to Quash Subpoena Duces Tecum (see Exhibit B) that was subsequently granted by Judge Oler, namely: a. that the Second Subpoena is invalid for failure to comply with the law and rules of court justifying the enforcement of subpoenas; b. that the Second Subpoena is impermissibly overly broad in that it requests testimony of counsel and production of all of Union Quarries, Inc.'s minutes, books and "lists," and fails to state on what grounds such material or testimony would be relevant to any matter at issue and pending before the Court or the Auditor; 3 c. that compliance with the Second Subpoena would impermissibly infringe upon, and call for disclosure of information and material protected by, the attorney-client privilege [see 42 Pa.C.S.A. §5928]; d. that compliance with the Second Subpoena would necessarily involve disclosure of material protected under the work product doctrine [see, for example, United States v. Nobles, 422 U.S. 225, 95 S.Ct. 2160 (1975)].; e. that counsel may be precluded from disclosure of the information/ material sought by the Second Subpoena under the Rules of Professional Conduct; f. that the Second Subpoena violates Rule 4012 of the Pennsylvania Rules of Civil Procedure; g. that the Second Subpoena violates Rule 4011 of the Pennsylvania Rules of Civil Procedure; and h. that production of the Duces Tecum Material would involve disclosure of confidential business information belonging to Union Quarries, Inc. and would serve to give Mr. Mumma, a direct business competitor thereof, an unfair competitive advantage; i. that Mr. Mumma is in no way entitled to inspection of the Duces Tecum Material; 4 j. that the Duces Tecum Material includes protected proprietary material which may be protected as trade secrets and that no good cause has been provided for ordering disclosure of same; and k. that irreparable harm and injustice may occur if the instant Motion is not granted, undersigned counsel's testimony is not precluded, and if Mr. Mumma is given unrestricted access to the Duces Tecum Material [see Stenger v. Lehigh Valley Hosp., 563 A.2d 531, 535-536 (Pa.Super. 1989) (quoting Rasmussen v. South Florida Blood Service, 500 So.2d 533, 537-538 (Fla. 1987)) (suggesting that where the potential harm outweighs any probative value, such information should not be ordered to be disclosed)]. 9. For all of the reasons set forth herein, the Second Subpoena should be quashed and the testimony of undersigned counsel be precluded. WHEREFORE, Jeffrey R. Boswell, Esquire and Boswell, Tintner & Piccola respectfully request that Mr. Mumma's Second Subpoena be quashed and undersigned counsel's testimony be precluded. Date: ~' Z ©11 Respectfully Submitted, Jeffrey oswell, Esquire Supreme Court I.D. #25444 BOSWELL, TINTNER & PICCOLA 315 North Front Street Harrisburg, Pennsylvania 17101 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN RE: Estate of Robert M. Mumma ~ ~ Docket No No. 21 - 86 - 398 SUBPOENA TO ATTEND AND TESTIFY To: Jeffrey R. Boswell 315 North Front Street Harrisburg, PA 17101 1. You are ordered by the court to come to 840 Market Street -Suite 33333, Lemoyne, PA 17043 Specify Courtroom or other place) at Lemoyne Cumberland County, Pennsylvania, on April 19, 2011 at 10:00 o'clock, A M, to testify on behalf of Robert M. Mumma, II - in accordance with Notice of Deposition duces tecum in the above case, and to remain until excused. And bring with you the following: rlnrumants listari in NntirP of I~PtLnaitinn rlu~PS tPrum it you tail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. Requested by: Name: Robert M. Mumma, II Address: 840 Market Street -Suite 33333 Telephone: Supreme Court ID: Lemoyne, PA 17043 ~ 717-612-9720 rxu 5t BY THE COURT, Date: ~I I ~~~ ~. ~G2h.~2~ tl~l h~~Ct~ ~.~. ~.~ ~ R ister o Wills/Clerk of Orphans' Court ~--~~t ~~1'~,IL~~~L ~~t,~fc~. Note: Thts form of subpoena shall be used whenevel'a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa R.C.P.No.234.1. If asubpoena for a production of documents, records or things is desired, complete paragraph 2. EXHIBIT D IN RE: ESTATE OF ROBERT M. MUMMA, Deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 21-86-398 NOTICE OF DEPOSITION DUCES TECUM TO: Jeffrey R. Boswell, Esquire Boswell, Tintner & Piccola 315 North Front Street Harrisburg, PA 17101 Pursuant to the Pennsylvania Rules of Civil Procedure and the Pennsylvania Orphans' Court Rules, PLEASE TAKE NOTICE that the undersigned will take the deposition of Jeffrey R. Boswell, Esquire on Tuesday, April 19th, 2011 beginning at 10:00 a.m. The deposition will take place at the offices of Robert M. Mumma, II, 840 Market Street, Suite 33333, Lemoyne, Pennsylvania, 17043, before a Court Reporter duly authorized by law to administer oaths. The deposition will continue from day to day until completed. In accordance with Rules 234.1 et seq. of the Pennsylvania Rules of Civil Procedure, and Rule 3.6 of the Pennsylvania Orphans' Court Rules, and other applicable rules, the Deponent shall bring with him to the deposition the following documents: 1. Minute books, stock books, shareholder books and lists for Union Quarries, Inc. Dated: April 7, 2011 (first noticed March 21, 2011) ~~~~~ Robert .Mumma, II 840 Market Street -Suite 33333 Lemoyne, Pennsylvania 17043 (717) 612 - 9720 PROSE CERTIFICATE OF SERVICE I, Robert M. Mumma, II, pro se, do hereby certify that I caused a copy of the foregoing Notice of Deposition to be served this date by U.S. Mail, first class, postage prepaid, addressed to: Brady Green, Esquire Morgan, Lewis & Bockius, LLP 1701 Market Street Philadelphia, PA 19103-2921 No V. Otto, III, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Barbara Mann Mumma 541 Bridgeview Dr. Lemoyne, PA 17043 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 Jeffrey R. Boswell, Esquire Boswell, Tintner & Piccola 315 North Front Street Harrisburg, PA 17101 DATE: April 7, 2011 BY: ~ ''(/(r ~ Robert M. Mumma, II 840 Market St. -Ste. 33333 Lemoyne, PA 17043 717-612-9720 PROSE Jeffrey R. Boswell, Esquire Supreme Court I.D. #25444 BOSWELL, TINTNER & PICCOLA 315 North Front Street Harrisburg, Pennsylvania 17101 Phone: (717) 236-9377 Fax: (717) X36-g31 F Email: jboswell(a~btpalaw.com rnZ~a ~ _~ -% r-- ~' ~ ;~' rn -- - _--.:r~ .-~~ i~, -. f. ~~ 4 ~ ~~ - ~ CJ ~- -_-- ' _ _ m ' ,. . 1 `r `~~ " -ca IN RE: ESTATE OF ROBERT M. MUMMA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO.: 21-86-398 Motion to Stay and Quash Subpoena EMERGENCY MOTION FOR PROTECTIVE ORDER TO STAY/PROHIBIT DEPOSITION OF COUNSEL and MOTION TO QUASH SUBPOENA DUCES TECUM AND NOW comes Jeffrey R. Boswell, Esquire, and BOSWELL, TINTNER & PICCOLA, and hereby files the instant Motion to Stay/Prohibit Deposition and Motion to Quash the Subpoena Duces Tecum served upon undersigned counsel, and in support thereof states as follows: EXHIBIT 1. Undersigned counsel has received a "Notice of Deposition Duces Tecum" (hereinafter, the "Notice") issued by Robert M. Mumma, II ("Mr. Mumma"), a pro se individual. The Notice uses the above-captioned Estate, is dated March 21, 2011 and a true and correct copy thereof is attached hereto as Exhibit "A." 2. The Notice contains a request to depose undersigned counsel, of Boswell, Tintner & Piccola, on April 19, 2011 at 10:00 a.m. at the "offices" of Robert M. Mumma, II at 840 Market Street, Suite 33333, Lemoyne, PA 17043. The Notice also contains a Subpoena Duces Tecum, demanding production of "minute books, stock books, shareholder books and lists for Union Quarries, Inc." 3. The Notice and attendant Subpoena Duces Tecum, as stated, is unenforceable, as it does not specify in what capacity Mr. Mumma seeks to depose undersigned counsel. 4. The Subpoena Duces Tecum included in the Notice is further faulty as it was not authorized or approved by any judicial body. Mr. Mumma, a pro se individual, should not be permitted to obtain enforcement of the Notice and Subpoena: The power to issue subpoenas has not been unilaterally vested in attorneys in the Commonwealth of Pennsylvania, let alone pro se individuals. See Cohen v. Pelagatti, 493 A.2d 767, 770 (Pa.Super. 1985). 5. The Notice and its attendant Subpoena Duces Tecum should be quashed as invalid and unenforceable, as Mr. Mumma failed to obtain the requisitejudicial authorization or approval. 2 6. Second, the Subpoena Duces Tecum included in the Notice was directed to counsel and his law firm, who represent Union Quarries, Inc. It is counsel whom Mr. Mumma seeks to depose.. 7. Undersigned counsel has been an attorney for Union Quarries, Inc. for over twenty (20) years and has acted as its counsel in corporate, real estate and litigation matters. 8. Undersigned counsel should not be subject to deposition in this matter as the information he possess in regard to Union Quarries, Inc. is strictly protected by the attorney-client privilege [see 42 Pa.C.S.A. §5928] and maybe additionally protected under the work product doctrine [see, for example, United States v. Nobles, 422 U.S. 225, 95 S.Ct. 2160 (1975)]. The information/material sought by the Notice and Subpoena Duces Tecum may also be otherwise barred from disclosure under the Rules of Professional Conduct. 9. Union Quarries, Inc. has not waived or otherwise forfeited its protections under the attorney-client privilege. Further, neither Union Quarries, Inc. nor undersigned counsel, has waived protections applicable to information protected under the work product doctrine. 10. The Notice and its attendant Subpoena Duces Tecum should be quashed as it poses a likelihood of impermissibly infringing upon protections inherent in the attorney- client privilege and work product doctrine. 3 11. Third, neither undersigned counsel, nor Union Quarries, Inc. should be made subject to a discovery request that creates unreasonable annoyance, embarrassment, oppression, burden or expense; such requests violate Rule 4012 of the Pennsylvania Rules of Civil Procedure. 12. The Notice and its attendant Subpoena Duces Tecum should be quashed as its effect is to create the sort of harm prohibited under Rule 4012. 13. Fourth, the Notice contains a demand that undersigned counsel "bring with him to the deposition the following documents: Minute books, stock books, shareholder books and lists for Union Quarries, Inc." (hereinafter, the "Duces Tecum Material") 14. Mr. Mumma is a contingent beneficiary under the above-captioned Estate. He is not a shareholder of Union Quarries, Inc.; on the contrary, Mr. Mumma is a direct business competitor with Union Quarries, Inc. 15. Mr. Mumma appears to seek production, in the form of the Duces Tecum Material, that includes confidential business information belonging to Union Quarries, Inc. The divulging of such information would serve to place Union Quarries, Inc. at an unfair competitive disadvantage and, similarly, could provide Mr. Mumma an unfair competitive advantage over Union Quarries, Inc. 16. Further, the Duces Tecum Material includes information further protected as trade secrets and/or requests production of proprietary and confidential information, including corporate books and "lists." 4 17. Mr. Mumma is in noway entitled to the privileged, confidential and protected Duces Tecum Material. See, for example, 15 Pa.C.S. § 1508 (permitting such inspection by a corporate shareholder only and only under certain circumstances). 18. The Notice and its attendant Subpoena Duces Tecum should be quashed as it seeks production of information to which Mr. Mumma is not entitled and which is otherwise protected as proprietary and confidential. 19. Fifth, even if the information/material requested was not confidential, privileged and protected, the directives in the Notice and Subpoena duces Tecum are overly broad, beyond the scope permissible in Rules 4003.1 through 4003.6, and any attempt to comply therewith would cause unreasonable annoyance, embarrassment, oppression, burden or expense to the deponent and/or Union Quarries, Inc. in violation of the Pennsylvania Rules of Civil Procedure. See Pa.R.Civ.P. 4011. 20. Mr. Mumma has not provided the Court or undersigned counsel the good faith grounds which purportedly justify the production of the Duces Tecum Material under the Pennsylvania Rules of Discovery or how same is relevant or material to any matter pending before the Court. Mere citation to the Rules is insufficient to obtain such discovery, particularly considering Mr. Mumma seeks to depose Union Quarries, Inc.'s counsel and the information he seeks be produced is privileged and confidential. 5 21. The Notice and its attendant Subpoena Duces Tecum should be quashed as it seeks production of information in bad faith, which would cause unreasonable annoyance, and/or is beyond the scope of proper discovery in Pennsylvania. See Cohen v. Pelagatti, supra: The object of a subpoena duces tecum, however, is the production of evidence to be used before the court. It is not the object of the subpoena duces tecum to require the production of books and papers merely for the party's inspection, and the subpoena is not to be used as a bill of discovery or for a mere "fishing expedition." 493 A.2d at 770; see also Commonwealth v. Cook, 865 A.2d 869, 877 (Pa.Super. 2004). 22. In light of all of the circumstances known to undersigned counsel, including the underlying Notice filed by Mr. Mumma and his pro se status, counsel can safely presume Mr. Mumma does not concur in the instant requests, as is requested to be provided under Local Rule 208.2(d). 23. Irreparable harm and injustice may occur if the instant Motion is not granted, undersigned counsel's deposition is not prohibited, and Mr. Mumma is given unrestricted access to the Duces Tecum Material. 24. This potential harm outweighs any potential materiality or probative value such information may have in any mater pending before the Court. See Stenger v. Lehigh Valley Hosp., 563 A.2d 531, 535-536 (Pa.Super. 1989) (quoting Rasmussen v. South Florida Blood Service, 500 So.2d 533, 537-538 (Fla. 1987)) (suggesting such an analysis may be appropriate in cases where confidential information is sought). 6 25. For the reasons set forth herein, Mr. Mumma's Notice and its attendant Subpoena Duces Tecum should be quashed and the deposition of undersigned counsel be precluded. 26. Undersigned counsel is aware that Local Rule 208.3(a) requires a statement as to whether or not a judge has ruled upon "any other issue in the same or [a] related matter." Undersigned counsel is aware that rulings have been made by multiple judges in this or related matters involving Mr. Mumma; however, undersigned counsel is not aware of any such previous rulings specifically involving Union Quarries, Inc. WHEREFORE, Jeffrey R. Boswell, Esquire and Boswell, Tintner & Piccola respectfully request that this Honorable Court Stay and/or Prohibit the Deposition of undersigned counsel and Quash the Notice and attendant Subpoena Duces Tecum, and order any other relief that the Court deems appropriate and just, including but not limited to, attorney's fees. Respectfully Submitted, Date: ~! `~` 2~' « Jeffrey R. o ell, Esquire Supreme Court I.D. #25444 BOSWELL, TINTNER & PICCOLA 315 North Front Street Harrisburg, Pennsylvania 17101 IN RE: ESTATE OF ROBERT M. MUMMA, Deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 21-86-398 NOTICE OF DEPOSITION DUCES TECUM TO: Jeffrey R. Boswell, Esquire Boswell, Tintner & Piccola S 1 ~ North Front Street Harrisburg, PA 17101 Pursuant to the Penmsylvania Rules of Civil Procedure and the Pennsylvania Orphans' Court Rules, PLEASE TAKE NOTICE that the undersigned will take the deposition of Jeffrey R. Boswell, Esquire on Tuesday, April 19th, 2011 beginning at 10:00 a.m. The deposition will take place at the offices of Robert M. Mumma, IL 840 Market Street, Suite 3 X333, Lemoyne, Pennsylvania, 17043, before a Court Reporter duly authorized by law to administer oaths. The deposition will continue from day to day until completed. In accordance with Rules 234.1 et seq. of the Pennsylvania Rules of Civil Procedure, and Rule 3.6 of the Pennsylvania Orphans' Court Rules, and other applicable rules, the Deponent shall bring with him to the deposition the following documents: 1. Minute books, stock books, shareholder books and lists for Union Quarries, Inc. Dated: March 21, 2011 +Il5JJ1',c' ~~~~~1' ~i/l ~ /i7A///l/'R-s ~ /1 / Robert M. Mumma, II -`'`` 840 Market Street -Suite 33333 Lemoyne, Pennsylvania 17043 (717) 612 - 9720 PROSE TRUE AND CORRECT COPY OF ORIGINAL. EXHIBIT a 3 L •l CERTIFICATE OF SERVICE I, Robert M. Mumma, II, pro se, do hereby certify that I caused a copy of the foregoing Notice of Deposition to be served this date by U.S. Mail, first class, postage prepaid, addressed to: Brady Green, Esquire Morgan, Lewis & Bockius, LLP 1701 Market Street Philadelphia, PA 19103-2921 No V. Otto, III, Esquire Martson Law Offices 10 East High Street Carlisle, PP 1 7013 Barbara Mann Mumma 541 Bridgeview Dr. Lemoyne. PA 17043 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 Jeffrey R. Boswell, Esquire Boswell, Tintner & Piccola 315 North Front Street Harrisburg, PA 17101 DATE: March 21, 2011 BY: ob 1. Mumma, II 840 Market St. -Ste. 33333 Lemoyne, PA 17043 717-612-9720 PROSE CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Emergency Motion for Protective Order to Stay/Prohibit Deposition of Counsel and Motion to Quash Subpoena Duces Tecum by United States Mail, first class, postage prepaid on the below-date: Robert M. Mumma, II, pro se 840 Market Street -Suite 33333 Lemoyne, PA 17043 By: _ ,,,f/~~`~~~ Jeffrey .Boswell, Esquire Date: IN RE ESTATE OF IN THE COURT OF COMMON PLEAS OF ROBERT M. MUMMA, CUMBERLAND COUNTY, PENNSYLVANIA Deceased ORPHANS' COURT DIVISION NO. 21-86-398 IN RE: EMERGENCY MOTION FOR PROTECTIVE ORDER TO STAY/PROHIBIT DEPOSITION OF COUNSEL AND MOTION TO QUASH SUBPOENA DUCES TECUM ORDER OF COURT AND NOW, this 15~' day of April, 2011, upon consideration of the Emergency Motion for Protective Order To Stay/Prohibit Deposition of Counsel and Motion To Quash Subpoena Duces Tecum, the deposition and effect of the subpoena are stayed pending further order of court. This matter is referred to the auditor for a brief interim report and recommended order. Joseph D. Buckley, Esq. 1237 Holly Pike Carlisle, PA 17013 Auditor Robert M. Mumma, II Box F Grantham, PA 17027 Robert M. Mumma, II 840 Market Street Suite 33333 Lemoyne, PA 17043 EXHIBIT BY THE COURT, /,. ~, ~:. f i' r J~` Wesley aler,f Jr~, J. ,,; n _ f ,.~, `a ___ - -;~ _ - ~~ - =-= ~-~ -~> ~ ~ . - -~;3;~. - ~~~ T ~ .: ;_~) TJ 'T} ~ 7~RUE COPY FROM RECORD to Testimony wherof, I hereurdo set my bend and the s~9At of said Court ~t Cr~le, PA ~ Court Courmr / 1 ii ~ ~~1 Robert M. Mumma, II 6880 S.E. Harbor Circle Stuart, FL 34996-1968 George B. Faller, Jr., Esq. No V. Otto, III, Esq. 10 East High Street Carlisle, PA 17013 Brady L. Green, Esq. Morgan, Lewis & Bockius, LLP 1701 Market Street Philadelphia, PA 19103-2921 Linda Mumma Roth c/o Carter Ellis 203 Friars Court Mechanicsburg, PA 17050 Barbara Mann Mumma 541 Bridgeview Drive Lemoyne, PA 17043 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Docket No IN RE: Estate of Robert M. Mumma _ No. 21 - 86 - 398 To: Jeffrey R. Boswell 315 North Front Street SUBPOENA TO ATTEND AND TESTIFY Harrisburg, PA 17101 1. You are ordered by the court to come to Second Floor Court Room, Old Cumberland County Courthouse, High & Hanover Streets (Specify Courtroom or other place) at Carlisle Cumberland County, Pennsylvania, on May 3, 2011 at 8:30 o'clock, A M, to testify on behalf of Robert M. Mumma, II at the Auditor's Hearing. in the above case, and to remain until excused. And bring with you the following: 114atPrialc lictad in yniir Nntira of DPnnsiti~n dated March 21 ?011 If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. Requested by: Name: Address Telephone: Supreme Court ID: Robert M. Mumma, II 840 Market Street -Ste. 33333 Lemoyne, PA 17043 p 717-612-9720 PRO SE BY THE COURT, Re ister of Wills/Clerk of Orphans' Court -~ ~~~1.Q C~,~ ~~~~ Note: This form of subpoena shall be used enever subpoena is issuable, mclud~g hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa R.C.P.No.234.1. If asubpoena for a production of documents, records or things is desired, complete paragraph 2. EXHIBIT CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Emergency Motion for Protective Order to Quash Second Subpoena of Counsel by United States Mail, first class, postage prepaid on the below-date: Robert M. Mumma, II, pro se 840 Market Street -Suite 33333 Lemoyne, PA 17043 Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 Date: `~~~~/~' ~~I By: J rey R. Boswell, Esquire