HomeMy WebLinkAbout03-05-07r
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IN RE: ESTATE OF 1N THE COURT OF COMMON PLEAS
ROBERT M. MUMMA, DECEASED II CNNSYLVANIA OUNTY,
ORPHANS' COUR"C DIVISION
NO. 1986-0398
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ROBERT M. MUMMA, II'S OBJECTIONS TO ~ ~~ r.~
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ESTATE'S MOTION FOR PROTECTIVE ORDER
Robert M. Mumma, II ("RMMII"), objects to the entirety of the Estate's motion for a
protective order and requests that this Court deny the Estate's motion for a protective order, and
in support thereof, avers as follows:
` ~ 1. The Estate has produced thousands of documents in discovery to RMMII.
2. RMMII has deposed Ms. Barbara McK. Mumma ("BMM") on January 24, 2007
and Ms. Lisa M. Morgan ("LMM") on January 25, 2007, for a single day each.
3. At the end of the deposition day of BMM and at the end of the deposition day of
LMM, the Estate stated that each would be available for further deposition testimony.
4. Tlie Estate, until its Motion for a Protective Order was filed on February 12, 2007,
did not seek to limit RMMII's ability to further depose either BMM or LMM, nor did the
Estate seek RMMII's consent with respect to limiting the further deposition testimony of
either BMM or LMM.
5. Given the volume of documents produced by the Estate ("thousands of
documents" according to the Estate), RMMII has not had adequate time to fully depose either
BMM or LMM.
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G. Tlie basis that tlic Estate asserts for limiting the further deposition testimony of
BMM and LMM is not a proper grounds for seeking a Protective Order under Pa. Civ. R.
4012.
7. RMMII further objects to the removal of these depositions to Florida. The
depositions of BMM and LMM should take place in Pennsylvania as that is where the
lawyers and the documents are venucd, and where the majority of the facts in dispute in this
matter took place.
8. Further, the cost to the Estate of holding these depositions in Florida outweighs all
other considerations. BMM and LMM are the executrices of'the Estate at issue. Each
therefore has a fiduciary responsibility to maintain the Estate's assets. The funds remaining
in the Estate are not to be used as a private bank account to accommodate the whims of the
executrices who would prefer to remain in Florida rather than travel to Pennsylvania in
fulfillment of their duties as executrices.
WHEREFORE, RMMII respectfully request that this Court:
A. Enter an Order denying the Estate's motion to restrict the continuing of the
depositions of BMM and LMM in any manner;
B. Deny the removal of the continuation of the depositions of BMM and LMM to
Florida, and the payment by the Estate of any expense of BMM and LMM that is not
considered reasonable in connection with their continuing depositions;
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C. Deny the request by the Estate to consider any expense incurred by the Estate in
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connection with the continuing depositions of BMM and LMM as reasonable costs that ~. ~
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are necessary and proper estate administrative expense until such time as BMM and. "'
LMM provide a full accounting of all such expenses to this Court. ~
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Respectfully submitted, '~;
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Robert M. Mumma, It ~. f~. 'r ;
- Box 58 f ;,'
Bowmansdale, PA 17008 ~;
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Pro Se ''?; ;
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March 5, 2007 ~
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CERTIFICATE OF SERVICE ~ i ~ , «t. '
I, Daryl E. Hewitt, Assistant to Robert M. Mumma, II, do hereby certify that on March 5, ~ '
2007, the foregoing Robert M. Mumma, II"s Objections to Estate's Motion for Protective Order ~ r , 1
was served this date by first class mail, postage prepaid, addressed as follows:
Linda Roth Mumma +^, '`
512 Creekview Lane ,
Mechanicsburg, PA 17055
Pro Se
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Ralph A. Jacobs, Esq.
215 South Broad Street `+. ,
L Philadelphia, PA 19107
Cornrsel for Uarbara Mann Murnara '~. ,
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George B. Faller, Jr., Esq.
10 East High Street ' gr~` f
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~; Carlisle, PA 17013 F ~ • ~
Corursel for the Estate ~~~
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~ ; ~ Brady L. Green ~ fix;
1701 Market Street ~ ~` '•
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.Philadelphia, PA 19103-292] ~`"°'
.~. Counsel for dre Estate 5;`, °~rr
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Daryl'~fi.l/(-I~~ewitt ' 1'~
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