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HomeMy WebLinkAbout11-21-08IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF ROBERT M. MUMMA, CUMBERLAND COUNTY, PENNSYLVANIA Deceased . ORPHAN'S COURT DIVISION N0.21-86-398 C ~_ cv - --' C,~ ~c ~ 5 , ~ ~ ~ , MOTION FOR ENTRY OF RULE 206.7(a) ORDER ~~ ~; ~' "' ~ _ o~~' ~- ,-- -~' ; ~ _ _ AND NOW, comes Robert M. Mumma, II, pro se, who files the instant m~[on for th~.' entry of an appropriate order under Pa. R.C.P. 206.7(a), and in support thereof avers as follows: 1. On August 22, 2008, the undersigned Movant filed a Motion for Disqualification of Morgan, Lewis & Bockius ("MLB" hereinafter) and The Martson Law Office ("Mattson" hereinafter) from Continuing Legal Representation of the Estate and the Trusts. 2. On August 28, 2008, the Orphan's Court issued the following Order: AND NOW, this 28~' day of August, 2008, upon consideration of the Motion to Disqualify Morgan, Lewis & Bockius and the Mattson Law Oi~iice from Continuing Legal Representation of the Estate and the Trusts, it is ordered that: 1. A Rule is issued upon all interested parties and the said law firms to show cause why Movant is not entitled to the relief requested; 2. Answers to the motion shall be filed within 21 days of the date of this order; 3. The petition shall be decided under Pa. R.C.P. 206.7; 4. Depositions shall be completed within 49 days of the date of this order; 5. Argument shall be held on Wednesday, December 17, 2008, at 11:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Cazlisle, Pennsylvania. 6. Briefs shall be submitted at least seven days prior to argument. 7. Pending azgument and further order of court, neither law firm is prohibited from continuing its representation of record herein. BY THE COURT, J. Wesley Oler, Jr., J. 3. On September 18, 2008, Barbara McK. Mumma and Lisa M. Morgan filed an Answer and New Matter. 4. Said Answer and New Matter contained the following WHEREFORE clause: "WHEREFORE, Mrs. Mumma and Mrs. Morgan respectfully request that Mr. Mumma, II's motion to disqualify Morgan Lewis and the Martson Firm from continuing representation of Mrs. Mumma and Mrs. Morgan be denied." 5. Said Answer and New Matter was respectfully submitted by "Manson Law Offices", further identified as Attorneys Faller, Otto, and Spears as "Attorneys for Bazbara McK. Mumma and Lisa M. Morgan." 6. Given the language in Paragraph #1 of Judge Oler's Order of August 28, 2008, it is believed and therefore averred that the aforesaid Answer and New Matter filed on September 18, 2008 was filed by Barbara McK. Mumma and Lisa M. Morgan as "interested parties." Paragraph #1 of said Order specifies that "a Rule is issued upon all interested parties and the said law firms to show cause why ..." 7. Despite the instructions in Paragraph #1 of Judge Oler's Order of August 28, 2008, neither of "the said law firms" responded to the rule returnable to show cause why the undersigned Movant is not entitled to the relief requested in the pending motion to disqualify MLB and Martson from continuing their representation of the Estate and the Trusts. Paragraph #1 of said Order specifies that "a Rule is issued upon all interested parties and the said law firms to show cause why ..." 8. Despite the instructions in Paragraph #2 of Judge Oler's Order of August 28, 2008, neither of "the said law firms" filed an answer to the motion within 21 days of the order. 9. Despite the instructions in Judge Oler's Order of August 28, 2008, neither of the said law firms, i.e., neither MLB nor Martson, on their own accord or via other counsel retained by either of the said law firms, returned a rule to show cause why the relief requested should not be granted, nor was an answer filed on behalf of either of the said law firms. 10. As Paragraph #3 of Judge Oler's Order of August 28, 2008 specifies that this matter shall be governed under Pa. R.C.P. 206.7, an appropriate order is to be entered pursuant to Pa. R.C.P. 206.7(a) which provides: "If an answer is not filed, all averments of fact in the petition may be deemed admitted for the purposes of this subdivision and the court shall enter an appropriate order." WHEREFORE, the undersigned Movant respectfully requests that this Honorable Court follow the mandates of Pa. R.C.P. 206.7(a) which provides that it shall issue an appropriate order determining that all averments of fact in the pending Motion for Disqualification of Morgan, Lewis & Bockius and The Martson Law Office from Continuing Legal Representation of the Estate and the Trusts be deemed admitted given that neither of the said law firms have complied with this Court's Order of August 28, 2008 inasmuch as neither of said law firms have shown cause why the relief requested therein should not be granted. Respectfully submitted, ~ti~~ Robert M. Mumma, II Box F Crrantham, PA 17027 (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 Motion for Entry of Rule 20b.7(a) Order to be served this date by U.S. Mail, first class, postage prepaid, addressed to: George B. Faller, Jr., Esquire No V. Otto, III, Esquire Maztson Law Offices 10 East High Street Cazlisle, PA 17013 Brady Green, Esquire Morgan, Lewis & Bockius, LLP 1701 Mazket Street Philadelphia, PA 19103-2921 Ralph Jacobs, Esquire 1515 Mazket Street -Suite 705 Philadelphia, PA 19102 Linda Mumma Roth PO Box 480 Mechanicsburg, PA 17055 Joseph D. Buckley, Esquire Court-Appointed Auditor 1237 Holly Pike Cazlisle, PA 17013 DATE: November 21, 2008 BY: Robert M. Mumma, II Box F Grantham, PA i 7027 717-612-9720 PROSE