HomeMy WebLinkAbout10-28-091N RE: ESTATE OF
ROBERT M. MUMMA,
Deceased
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISI0~1~`~
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NO. 21-86-398 ' _-
MOTION IN LIMINE
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AND NOW comes Robert M. Mumma, II, pro se, who files the instant Motion in
Limine, and in support thereof avers as follows:
1. The undersigned Movant is Robert M. Mumma, II, pro se.
2. The undersigned Movant is one of two Objectors who previously filed
Objections to the accountings; the other Objector is Barbara M. Mumma.
3. During the Auditor's hearing conducted on October 27, 2009, a discussion
was held between the parties, counsel, and the Auditor as to the manner of the
presentation of evidence by the Executrices with respect to the reasonableness and/or
propriety of counsel fees paid by the Estate or Trusts.
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4. During said discussion, the Objectors were advised as to the option of
filing a motion in limine with respect to the evidence to be presented by the Executrices
regarding the reasonableness and/or propriety of said counsel fees.
Accordingly, the undersigned hereby files the instant motion and seeks the
following relief:
a. That the Executrices shall be precluded from presenting any evidence
as to the reasonableness and/or propriety of counsel fees unless the Executrices present
testimony from anattorney-witness who can attest to the actual legal services rendered in
conjunction therewith;
b. That the Executrices shall be precluded from presenting any evidence
as to the reasonableness and/or propriety of counsel fees unless the Executrices identify
all attorneys (individually) who performed the legal services paid for by the Estate or
Trusts, as well as the aforesaid nature and content of the actual legal services rendered by
said individual, and whether said individual attorneys will be called to testify at the
Auditor's hearing; and,
c. That the Executrices shall be precluded from presenting any evidence
as to the reasonableness and/or propriety of counsel fees unless the Executrices produce
to the Objectors, at least 24 hours before any attorney-witness testifies on their behalf,
copies of all exhibits to be introduced into evidence during the testimony of any attorney-
witness testifying at the Auditor's hearing.
6. Pursuant to Cumberland County Rule of Civil Procedure 208.3(a)(9), the
Movant has not obtained the concurrence of any counsel to the other interested parties
inasmuch as the prior statements and representations of said counsel have indicated that
the Movant would not receive cooperation from them with respect to such a motion.
7. Pursuant to Cumberland County Rule of Civil Procedure 208.3(a)(2), the
Honorable J. Wesley Oler, Jr. has previously ruled on prior motions filed by the parties
hereto.
WHEREFORE, the Movant respectfully requests that this Honorable Court
issue an appropriate Order GRANTING the instant Motion in Limine, or in the
alternative, issue an appropriate Order which schedules a hearing on this matter before
the Orphans' Court.
Respectfully submitted,
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Robert M. Mumma, II
Box F
Grantham, PA 17027
(717) 612-9720
PRO SE