HomeMy WebLinkAbout12-30-08' IN RE: ESTATE OF
ROBERT M. MUMMA,
Deceased
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA '.__
ORPHANS' COURT DIVISION -- `~ ~'
NO. 21-86-398 ORPHANS' COURT -- _ `,-f
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IN RE: DISQUALIFICATION OF COUNSEL MOTION -
ORDER OF COURT -_~ ~°,,
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AND NOW, this 29t" day of December, 2008, it appearing that Robert~I.
Mumma, II, is now attempting to supplement the records for purposes of disposition of
his Motion To Disqualify Morgan, Lewis & Bockius and the Martson Law Office from
Continuing Legal Representation of the Estate and the Trusts (a) in a manner inconsistent
with the procedure established by the rule to show cause issued on October 28, 2008, (b)
in a manner exceeding the scope of the permission granted by this court's order dated
December 18, 2008, to file of record any deposition(s) that had been taken pursuant to the
rule but not timely filed prior to argument, (c) after the fact with respect to argument on
the motion, and (d) by misconstruing the court's observation at argument that he had
failed to take full advantage of the opportunity afforded by the rule to create a record for
its disposition as an invitation to do so after the fact, it is ordered and directed as follows:
1. The Notice of Deposition of Robert M. Mumma, II, dated
December 23, 2008, for a deposition to be held the following day, is
quashed;
2. Any filings made subsequent to argument on December 18,
2008, and intended to supplement the record for purposes of
disposition of the aforesaid motion, except as authorized by the
court's order dated December 18, 2008, are stricken; and
See, e. g., Notice of Deposition [of Robert M. Mumma, II, to be held on December 24, 2008], dated
December 23, 2008, attached hereto.
3. The parties are directed not to attempt to supplement the record
in the future for purposes of disposition of the aforesaid motion.
BY THE COURT,
~_.-,
J. Wesley Oler,+ Jr.,
Joseph D. Buckley, Esq.
1237 Holly Pike
Carlisle, PA 17013
Kobert M .Mumma, II
Box F
Grantham, PA 17027
Robert M. Mumma, II
6880 S.E. Harbor Circle
Stuart, FL 34996
Robert M. Mumma, II
840 Market Street
Suite 164
Lemoyne, PA 17043
George B. Faller, Jr., Esq.
10 East High Street
Carlisle, PA 17013
Brady L. Green, Esq.
Morgan, Lewis & Bockius, LLP
1701 Market Street
Philadelphia, PA 19103-2921
Linda Mumma Roth
P.O. Box 480
Mechanicsburg, PA 17055
Ralph A. Jacobs, Esq.
1515 Market Street
Suite 705
Philadelphia, PA 19102
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: THE ESTATE OF
ROBERT M.1\2UMMA, DECEASED N0.21-86-398
ORPHANS' COURT
NOTICE OF DEPOSITION
TO: George B. Faller, Jr., Esquire
No V. Otto, III, Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
Brady Green, Esquire
Morgan, Lewis & Bockius, LLP
1701 Market Street
Philadelphia, PA 19103-2921
Ralph Jacobs, Esquire
1515 Market Street -Suite 705
Philadelphia, PA 19102
Linda Mumma Roth
PO Box 480
Mechanicsburg, PA 17055
PLEASE TAKE NOTICE that the undersigned will take the deposition of himself (as
so indicated by Judge Oler during oral argument on December 17, 2008) on Wednesday,
December 24, 2008 beginning at 11:00 a.m. The deposition will take place at the offices of
Robert M. Mumma, II, 840 Market Street, Suite 164, Lemoyne, Pennsylvania, 17043, before a
Court Reporter duly authorized by law to administer oaths. The deposition will be taken
pursuant to the Pennsylvania Orphans' Court Rules and Rules of Civil Procedure and will
continue from day to day until completed.
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In accordance with Rules 234.1 et seq. of the Pennsylvania Rules of Civil Procedure, and
Mule 3.6 of the Pennsylvania Orphans' Court Rules, and other applicable rules, the Deponent
shall bring with him to the deposition the following documents:
1.
Dated: December 23, 2008 ~;~~ tip- ti,t~ ~ ~ ~~ , 4 u ~~ ~ , . (,(,-
Robert M. Mumma, II
Box F
Grantham, PA 17027
(717)612-9720
PRA SE
CERTIFICATE OF SERVICE
1, Robert M. Mumma, II, pro se, do hereby certify that I caused a copy of the foregoing
Notice of Deposition to be served this date by email transmission, fax, and/or U.S. Mail, first class,
postage prepaid, addressed to:
George B. Faller, Jr., Esquire
No V. Otto, III, Esquire
Manson Law Offices
10 East High Street
Carlisle, PA 17013
Brady Green, Esquire
Morgan, Lewis & Bockius, LLP
1701 Market Street
Philadelphia, PA 19103-2921
Ralph Jacobs, Esquire
1515 Market 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
Carlisle, PA 17013
Robert M. Mumma, II
Box F
Grantham, PA 17027
DATE: December 23, 2008 BY: ',;A Lam- -~ ' ~ ~ ~ ~ = ~ ~ ~' i _= 5
Robert M. Mumma, II
Box F
Grantham, PA 17027
717-612-9720
PRO SE
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: ESTATE OF ROBERT M MUMMA,
DECEASED CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-86-0398
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE:
JUDGE'S INITIALS:
TIME STAMP DATE:
IN RE: ORDER OF COURT
SERVICE TO: JOSEPH D BUCKLEY ESO ROBERT M MUMMA II ROBERT M MUMMA II
ROBERT M MUMMA II GEORGE B FALLER JR ESQ BRADY L GREEN ESQ
LINDA MUMMA ROTH RALPH A JACOBS ESQ
METHOD OF MAILING:
[~ USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 12/30/08
ENVELOPES PROVIDED BY:
® PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
SERVICE TO:
METHOD OF MAILING:
^ USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED:
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
~~
Deputy ~
Clerk of Orphans' Court