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HomeMy WebLinkAbout04-15-08IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS ROBERT M. MUMMA OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-86-398 n `--o ~ ,-v, ~ : } , MOTION TO OUASH ;- ~' -- & , _~~ GENERAL OBJECTION TO INTERROGATORIES ~ `~' `~ ~ and REQUEST FOR PRODUCTION OF DOCUMENTS ~} ~ ' ~ "~ _ ~ ~ ~~~ _ - ~: N _x AND NOW, comes Robert M. Mumma, II, pro se, and submits this Motion to Quash and General Objection to Interrogatories and Request for Production of Documents as follows: 1. On April 11, 2008, counsel for the Estate propounded Interrogatories and Request for Production of Documents upon the undersigned. 2. The Interrogatories and Request for Production of Documents were provided on eighteen (18) separate sheets of paper. 3. Each of the eighteen (18) sheets comprising the Interrogatories begins with one main area of inquiry, which is then subdivided into anywhere from three (3) to eight (8) subparagraphs setting forth additional inquiries or requests for production of documents. 4. The total number of subparagraphs or subdivisions contained within said Interrogatories totals eighty-two (82). Several of the Interrogatories propound inquiries relative to BOTH of the Executrices, Lisa Mumma Morgan AND Barbara McK. Mumma, such that the actual number of answers or objections due under said inquiries may double in number. 6. At least one of the Interrogatories propounds inquiries as to BOTH the Estate and/or the Trusts such that the actual number of answers or objections due under said inquiry may double in number. 7. According to the local rules of court as currently published online, interrogatories shall not exceed forty (40) in number. See, C.C.R.P. 4005-1. 8. According to C.C.R.P. 4005-1, interrogatories inquiring as to the names and locations of witnesses, or the existence, location and custodian of documents or physical evidence each shall be construed as one (1) interrogatory; all other interrogatories, including subdivisions, shall be construed as separate interrogatories. 9. The number of Interrogatories propounded by the Estate on April 11, 2008 is in violation of C.C.R.P. 4005-1 inasmuch as same sets forth eighty-two (82) subdivisions or subparagraphs. 10. The number of Interrogatories propounded by the Estate on April 11, 2008 sets forth separate interrogatories totaling in excess of forty (40) in number. 11. According to Pa.R.C.P. 4005(c), the number of interrogatories may be limited as justice requires to protect against unreasonable annoyance, embarrassment, oppression, burden or expense. 12. The majority of the Interrogatories propounded by the Estate on April 11, 2008 request information already under the control or readily available to the Estate or the counsel for the Estate or pertain to matters within their knowledge. See, Eisen v. Textron Lvcomin~ 2 Reciprocating En ine Div , 874 A.2d 1179 (Pa. Super. 2005); Boyle v. Steiman, 631 A.2d 1025 (Pa. Super. 1993). 13. Pursuant to Cumberland County Rule of Civil Procedure 208.3(a)(2), the Honorable J. Wesley Oler has previously ruled on prior motions filed by the parties hereto, including various issues in this case pertaining to discovery, account objections, jury trial, disclaimer, recusals, and many other issues related to the pending matter. 14. Pursuant to Cumberland County Rule of Civil Procedure 208.3(a)(9), the undersigned has not obtained the concurrence of any counsel to the other interested parties inasmuch as the prior statements and representations of said counsel have indicated that cooperation from them with respect to such a motion would not be forthcoming. WHEREFORE, the undersigned respectfully requests this Honorable Court to issue an Order quashing the Interrogatories and Request for Production of Documents served on April 11, 2008, and otherwise directing that the undersigned need not answer to nor object to same as required by Pa.R.C.P. 4006(a)(2), and further directing that the documents requested to be produced under the Interrogatories and Request for Production of Documents need not be produced, and all other appropriate protective relief and sanctions available as a matter of law. Respectfully submitted, Robert M. Mumma, II, pro se P.O. Box 58 Bowmansdale, PA 17008 (717) 612-9720 CERTIFICATE OF SERVICE On this 15th day of April, 2008, I, Daryl E. Hewitt, Assistant to Robert M. Mumma, II, hereby certify that I served the foregoing Motion To Quash and General Objection To Interrogatories and Request For Production of Documents by U.S. Mail, first class, postage prepaid, addressed to: Ralph Jacobs, Esquire 215 South Broad Street Philadelphia, PA 19107 George B. Faller, Jr., Esquire No V. Otto, III, Esquire 10 East High Street Carlisle, PA 17013 Brady L. Green, Esquire Morgan, Lewis & Bockius LLP 1701 Market Street Philadelphia, PA 19103-2921 Linda Mumma Roth P.O. Box 480 Mechanicsburg, PA 17055 Taylor Andrews, Esquire Court-Appointed Auditor 78 West Pomfret Street Carlisle, PA 17013-3216 Daryl E. Hewitt '