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Home My WebLink About05-17-13 F TILES\C wmds8844 Mumma Estat65844.19 Accounts and Distribution Tsusts\5844.19 DE\5044.19.DE Life tneurance\5944.Lanswer to RMM Petition to Extend Discovery.wpd No V. Otto III, Esquire I.D. No. 27763 George B. Faller Jr., Esquire I.D. No. 49813 a �,3 Jennifer L. Spears, Esquire I.D. No.87445 _ --J "' r - rst MARTSON LAW OFFICES = C'� 10 East High Street r7" Carlisle, PA 17013 v c (717) 243-3341 = 11` v Attorneys for 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 ANSWER OF LISA MORGAN TO PETITION OF ROBERT M. MUMMA, 11, TO EXTEND DISCOVERY DEADLINE AND NOW, comes Lisa M. Morgan, Executrix of the Estate of Robert M. Mumma and Trustee of the Marital and Residuary Trusts under such Will, who responds to Robert M. Mumma, II's Petition Extend Discovery Deadline, as follows: 1. Admitted that the Petition was filed and the Petition was answered by Lisa Morgan. By way of further response, the insurance policies that are the subject of the Petition were liquidated, pursuant to Court order, on July 30, 2012, and a portion of the proceeds have been distributed. Petitioner was among the recipients of those funds. Since the policies have been liquidated, the Petition filed by Petitioner is moot as the policies are no longer in effect. 2. Admitted. rch 3. The Petition to Compel speaks for itself. The conclusions drawn by this paragraph are denied. To the contrary, Mrs. Morgan as the Trustee had the right and fiduciary obligation to act as she saw fit in liquidating the policies. 4. Admitted. 5. Admitted. By way of further response, Plaintiff did not conduct any depositions within the period prescribed by the Court. 6. It is admitted that the Petitioner made various allegations in the Petition. By way of further response, those allegations were either admitted or denied as set forth in the Answer that was filed. It is denied that Petitioner or his counsel had any right to copies of the insurance policies as a condition to the liquidation of the policies as set forth. 7. Denied as stated. To the contrary, there was no requirement or other reason for Mrs. Morgan to provide copies of the policy to the Petitioner or the Auditor. 8. Admitted that Petitioner had issued subpoenas in another matter to obtain the insurance policies. Petitioner, however, did not issue those subpoenas until April 2, 2013. 9. Admitted in part and denied in part. It is admitted that Petitioner's counsel in the CRH matter has forwarded some documents that were received in response to a subpoena. As to the remaining allegations in this paragraph, Mrs. Morgan is without knowledge or information sufficient to form a belief as to the truth or falsity of these averments. 10 and 11. It is admitted that Petitioner has indicated that he intends to take the deposition of his prior counsel and has requested additional time to conduct discovery. Notably, Petitioner did not provide any statement as to any testimony he intended to elicit from Mr. Brooks, how it might relate to the instant Petition, or why he could not have deposed Mr. Brooks within the time allotted by the Court. Moreover, Mr. Brooks stated in a May 16, 2013 email, in response to a communication from Mrs. Morgan's counsel, as follows: "Until I received your email I had not received any notice of any deposition on Monday or any other date in Harrisburg or elsewhere. I do not intend to appear for a deposition." See email from Mr. Brooks attached hereto as Exhibit "A". Thus, while Petitioner produced a purported notice of Mr. Brooks' deposition, it does not appear that he took any steps to actually proceed with a deposition of Mr. Brooks. Petitioner has not identified any other depositions he believes are necessary or appropriate, nor has he stated any reason why any such deposition could not have been completed by this time. WHEREFORE, Mrs. Morgan respectfully requests that the Petition be denied and that proceedings on the Petition proceed in accordance with the schedule established by the Court. Respectfully submitted, MARTSON LAW OFFICES By: No 006 to III, Esquire George B. Faller, Jr., Esquire Jennifer L. Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Brady L. Green, Esquire WILBRAHAM LAWLER& BUBA 1818 Market Street, 31 st Floor Philadelphia, PA 19103 (215) 972-2860 Attorneys for Lisa M. Morgan Date: May 17, 2013 George B. Faller Jr. From: George B. Faller Jr. Sent: Thursday, May 16, 2013 5:23 PM To: Jeffrey G. Brooks Cc: Tricia D. Eckenroad; rmmtwo @mac.com; rrinaldo @williamscoulson.com; blg @wlbdeflaw.com;JoeBLaw @aol.com; Imann333 @gmail.com;Jennifer L. Spears;No V.Otto III Subject: Re: Estate of Robert M. Mumma,II Dear Mr Brooks: Sorry for the confusion .Since we had received a notice of deposition from your former client Mr. Mumma we assumed that he had made arrangements for you to testify,Obviously if you are not appearing the deposition will not occur.Very truly yours George B. faller,Jr., Esquire Martson Deardorff Williams Otto Gilroy&Faller MARTSON LAW OFFICES Ten East High Street Carlisle PA 17013 Telephone (717) 243-3341 Facsimile (717) 243-1850 Cell Phone(717) 503-3638 Electronic Mail gfailer @martsonlaw.com CONFIDENTIALITY NOTICE:The above communication is for the personal use of the intended recipient(s) only.This message may be en attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, preserve,copy or distribute this message. Unauthorized use,disclosure or distribution is prohibited and may be unlawful. If you are not an intended recipient, or if you believe that you have received it in error, please reply to the sender that you have received the message in error,then delete it.Thank you. Sent from my iPhone On May 16, 2013, at 5:13 PM, "Jeffrey G. Brooks" <Ibrooks@mintolaw.com>wrote: Ms. Spears, Until I received your email I had not received any notice of any deposition on Monday or any other date in Harrisburg or elsewhere. I do not intend to appear for a deposition. Jeffrey G. Brooks Minto Law Group Two Gateway Center 603 Stanwix Street, Suite 2025 Pittsburgh, PA 15222 Voice: (412) 201-5525 Fax: (412) 201-5526 Email: ibrooks(o-)mintolaw.com t This e-mail message and any files transmitted with it may be subject to attorney-client privilege and contain confidential information intended only for the person(s) to whom this email message is addressed. If you have received this e- mail message in error, please notify the sender immediately by telephone or e-mail. Please destroy the original message without making a copy. Thank you. Absent an express specific statement to the contrary, none of this information block, the typed name of the sender, or anything else in this message is deemed to constitute an electronic signature. From: Tricia D. Eckenroad (mailto:teckenroad(cbmartsonlaw.com] Sent: Thursday, May 16, 2013 4:24 PM To: rmmtwo(�Dmac.com; i brooks(&mi ntolaw.com; rrinaldoCawilliamscoulson.com; blgPwlbdeflaw.com; JoeBLaw(8aOI.COm; Imann333Ca1gmail.com Cc: Jennifer L. Spears; George B. Faller Jr.; No V. Otto III Subject: Estate of Robert M. Mumma, II Ladies and Gentlemen: Attached is a letter and deposition notice from Jennifer Spears, Esquire. Thank you. Tricia D. Eckenroad Legal Assistant Martson Law Offices Ten East High Street Carlisle, PA 17013 Telephone (717) 243-3341 Facsimile (717) 243-1850 Electronic Mail teckenroad@martsonlaw.com CONFIDENTIALITY NOTICE: The above communication is for the personal use of the intended recipient(s) only. This message may be an attorney-client communication and as such is privileged and confidential. If you are not an intended recipient,you may not review, preserve, copy or distribute this message. Unauthorized use, disclosure or distribution is prohibited and may be unlawful. If you are not an intended recipient,or if you believe that you have received it in error, please reply to the sender that you have received the message in error,then delete it. Thank you. 2 CERTIFICATE OF SERVICE I, Shelly R. Taylor, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jeffrey G. Brooks, Esquire Minto Law Group, LLC Two Gateway Center 603 Stanwix Street, Suite 2025 Pittsburgh, PA 15222 Richard F. Rinaldo, Esquire Williams Coulson Johnson Lloyd Parker & Tedesco, LLC One Gateway Center, 16`s Floor Pittsburgh, PA 15222 Ms. Linda M. Mumma P.O. Box 30436 Bethesda, MD 20824 Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 Mr. Robert M. Mumma, II Box F Grantham, PA 17027 MARTSON LAW OFFICES helly R aylor Ten Ea igh Str Carlisle, PA 17013 (717) 243-3341 Date: May 17, 2013