HomeMy WebLinkAbout04-05-05
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: ESTATE OF
ROBERT M. MUMMA,
ORPHANS' COURT DIVISION
Deceased
No. 21-86-398
PETITION TO AMEND ORDER TO PERMIT AN INTERLOCUTORY APPEAL
AND REQUEST FOR SUPERSEDEAS
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L Petitioner is Robert M. Mumma II, pro se, a beneficiary of the Estate of'
Robert M. Mumma.
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2. Respondent is the Estate of Robert M. Mumma, by and through its
Executrixes and Trustees, Barbara McK. Mumma and Lisa Mumma Morga,j),
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3. Pursuant to a request by the Estate for an auditor to review the accounting;the
Honorable Judge Wesley Oler Jr. appointed Taylor Andrews, Esquire, to act
as auditor.
4. In March 2005, Petitioner filed a Petition to Stay the Audit Pending
Completion of Discovery, which latest request had been made some five (5)
months prior.
5. On March 30, 2005, the Honorable Judge Wesley Oler Jr. denied such
Motion. A copy of the Order is attached hereto as Exhibit "A".
6. Judge Oler's denial of the Motion is an interlocutory order.
7. Even though discovery has not yet been completed, the auditor has scheduled
a pre-hearing conference on the objections to the account for May 13,2005.
8. Petitioner's due process rights to fully object to the account will be
jeopardized ifhe is denied discovery.
9. Petitioner desires the Court to amend its March 30, 2005 Order to include
language that would include the statement prescribed by 42 PaC.S., Section
702(b) so that he may file an appeal to the interlocutory order.
WHEREFORE, Petitioner requests this Court amend its March 30, 2005 Order to include
the statement prescribed in Title 42 Pa.C.S., Section 702(b) that would permit him to
appeal the Interlocutory Order denying a Stay of the Audit Proceedings Pending the
Completion of Discovery.
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Robert M. Mumma II, pro se
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