HomeMy WebLinkAbout02-03-05
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
IN RE ESTATE OF
ROBERT M. MUMMA,
ORPHANS' COURT DIVISION
Deceased.
No.: 21-86-398
MOTION FOR A HEARING ON MOTION TO COMPEL DISCOVERY AND
MOTION WHY THE ESTATE SHOULD NOT BE REQUIRED TO PROVIDE
NOTICE
AND NOW comes Robert M. Mumma II, a beneficiary of The Estate of Robert
M. Mumma by and through his attorneys SOHONAGE & CHRISTOPHER and files this
Motion for a Hearing and in support thereof avers the following:
Hearine: on Motion to ComDel Discoverv:
I. On or about October 27, 2004, Robert M. Mumma II sent interrogatories and
requests for production of documents to counsel for the Estate, Trusts,
Executrixes, and Trustees.
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2. After the discovery requests were ignored, Mr. Mumma filed a MotiOJ:iiO Comp~i;
Discovery on or about December 21, 2004.
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3. On December 28, 2004, Judge Oler issued a Rule to Show Cause upon the'E~tate_.,
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4. The Estate filed answers, objections, and new matter on or about Decen:tlJet 29,
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2004 claiming privilege and that the discovery requests were premature.
5. Mr. Mumma responded to the new matter on or about January 18, 2004.
6. Robert M. Mumma II has a right to all requested discovery. See Follansbee v.
Gerlach, 56 Pa. D. & C. 4th 483 (Allegheny County 2002). The requested
material is not privileged and should be available to a beneficiary at any time.
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7. The Court should conduct a hearing to determine which materials Mr. Robert M.
Mumma II may access and when he may access them.
Hearin!!: on Motion to Require Notice:
8. On October 25, 2004, Robert M. Mumma II filed a Motion for a Rule to Show
Cause why the Estate and Trusts should not be required to provide notice to all
beneficiaries before disposing of any assets.
9. On November 9, 2004, Judge Hoffer issued A Rule to Show Cause upon the
Estate.
10. On December 27, the Estate filed and Answers, Objections, and New Matter.
11. On January 18, 2005, filed Answers to the New Matter.
12. The Court should conduct a hearing to determine whether the Estate and Trusts
should be required to proved notice to all beneficiaries before disposing of any
assets.
WHEREFORE Robert M. Mumma II respectfully requests that this Honorable Court
Order a hearing on the issues of discovery and notice raised in his previous motions.
Respectfully Submitted,
..... ;(a~~
~ Ii. Christopher, Esq.
J.D. No.: 91895
Kirk . Sohonage, Esq.
J.D. No.: 77851
P.O. Box 480
Camp Hill, P A 17001
(717) 612-9721
CERTIFICATE OF SERVICE
I, Daryl Christopher, hereby certifY that I served the foregoing Motion for a
Hearing on Motion to Compel Discovery upon all counselors of record and upon
Attorney Andrews by sending copies of said motion to the following via postage-prepaid,
first-class, U.S. Mail:
Ivo V. Otto, ill, Esquire
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, P A 17013
Joseph A. O'Connor, Jr., Esquire
Brady L. Green, Esquire
Morgan, Lewis & Bockius, LLP
170 I Market Street
Philadelphia, PA 19103-2921
Taylor P. Andrews, Esquire
Court-Appointed Auditor
Andrews & Johnson Law Offices
78 West Pomfret Street
Carlisle, P A 17013
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Date I
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