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HomeMy WebLinkAbout04-08-11 (3)IN RE: ESTATE OF IN THE COURT OF COMMON PL ~~pF ~- ~=' ROBERT M. MUMMA, CUMBERLAND COUNTY, PENNS~~TIA~ ~ _~? Deceased ~~, ~ ~ ~~ + c~ ORPHAN'S COURT DIVISION ~ n ~-~ ,~~ :, __ ~ NO.21-86-398 ~_.., ~? - = ~ :~. ~; ~~ o --~, c.~~ MOTION TO ENFORCE COMPLIANCE WITH REQUEST FOR PRODUCTION OF DOCUMENTS UPON A PARTY and MOTION FOR SANCTIONS AND NOW, pursuant to Pa.R.C.P. 4019(a)(1)(vii) and (viii), comes Robert M. Mumma, II, pro se, an Objector, who files the within Motion to Enforce Compliance with Request for Production of Documents Upon a Party and Motion for Sanctions as follows: 1. The undersigned Movant is Robert M. Mumma, II, pro se, an Objector, who is a beneficiary/remainderman of the above-captioned Estate and the Trusts created under the Will of the Decedent, as well as a trustee of contingent beneficiaries/remaindermen. 2. On March 3, 2011, the Movant served a Request for Production of Documents upon a Party pursuant to Pa.R.C.P. 4009.1 et seq. upon counsel for the Estate and Trusts which sought production of the following within thirty (30) days: a. Every checkbook for every bank account related to the Martial Trust and the Residuary Trust. b. Every bank statement for every bank account related to the Martial Trust and the Residuary Trust. c. Every federal and state income tax return filed for the Marital Trust and Residuary Trust. d. Every document representing a conveyance of an asset into the Marital Trust and the Residuary Trust (including, but not limited to, corporate records); and, e. Every financial statement, income statement, and/or any such statement which relates to depicting the value of the Marital Trust and the Residuary Trust. On March 31, 2011, Lisa M. Morgan, "as trustee of Marital and Residual Trusts under the Will," served a Response which listed general and specific Objections to the Request for Production of Documents. Pursuant to Pa.R.C.P. 4009.12(c), the Answer to the Request for Production of Documents Upon a Party shall be signed and verified by the party making it; however, in the Response served on March 31, 2011, there was no verification by the party. 4. At General Objection #2 of her Response, Mrs. Morgan objected to the Request on the grounds and to the extent that it pertains to time periods that are irrelevant to these proceedings, which she unilaterally described as encompassing only "January 1, 2004 through July 17, 2010." Therein, Mrs. Morgan objected "to the discovery on the grounds and to the extent that it seeks information and documents relating to any time periods prior to January 1, 2004." 5. In her Responses to the five (5) Specific Requests, Mrs. Morgan again unilaterally declared that the relevant time period would only encompass "from 2004 to the present," and that she would make said records available for inspection and copying at Martson's law office only for said timeframe. 6. On April 7, 2011 and April 8, 2011, Mrs. Morgan's counsel was advised as to the Movant's intention to inspect and copy documents at Martson's law office on April 13, 2011 and/or April 14, 2011. Notwithstanding the Response which she served on March 31, 2011, there is no reason why the Movant should not be able to review, inspect, and copy all of the records requested without her unilateral designation as to "irrelevant" time periods. 7. On this date, Apri18, 2011, Movant is concurrently filing a Response to the "Emergency Motion For Protection With Respect To Depositions Of Scott W. Morgan, Esquire, Thomas A. French, Esquire And Marc J. Sonnenfeld, Esquire, Noticed By Robert M. Mumma, II" filed with this Court on Apri16, 2011 by Lisa M. Morgan. Therein, at Paragraph #22, the undersigned Movant agreed with Mrs. Morgan's indication that the "prompt scheduling of a discovery conference is appropriate." 8. Likewise, the Movant believes that such a discovery conference is also appropriate in this matter, and that a joint discovery conference be scheduled wherein these outstanding discovery issues can be promptly addressed by the Court 9. In the event that a discovery conference is not conducted, the Movant hereby moves for an Order that GRANTS the instant Motion to Enforce Compliance with Request for Production of Documents Upon a Party and Motion for Sanctions in accordance with Pa.R.C.P. 4019 insofar as Mrs. Morgan and her counsel have failed to make the requested discovery. 10. 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. 11. The Honorable J. Wesley Oler, Jr. has previously ruled on prior motions filed by the parties hereto. WHEREFORE, based upon the reasons set forth hereinabove, the undersigned Movant respectfully requests that this Honorable Court issue an Order that promptly schedules a discovery conference in this matter, or in the alternative, that compels Mrs. Morgan and her counsel to comply fully with the Request for Production of Documents Upon a Party without unilaterally designating `irrelevant' time periods, or that issues a Rule upon Mrs. Morgan and her counsel to show cause why the requested relief, including the imposition of sanctions authorized by Pa.R.C.P. 4019, should not be granted; and, to grant any other additional or further relief deemed just and equitable. Respectfully submitted, Dated: April 8, 2011 Rbbert 1Vq. Mumma, II ` 840 Market St. -Suite 33333 Lemoyne, PA 17043 (717) 612-9720 PROSE 4 CERTIFICATE OF SERVICE I, Robert M. Mumma, II, pro se, do hereby certify that I caused a copy of the foregoing Motion for Enforcement / Motion for Sanctions to be served this date by U.S. Mail, first class, postage prepaid, addressed to: Brady Green, Esquire Morgan, Lewis & Bockius, LLP 1701 Market Street Philadelphia, PA 19103-2921 No V. Otto, III, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Barbara Mann Mumma 541 Bridgeview Dr. Lemoyne, PA 17043 Linda Mumma Roth 512 Creekview Lane Mechanicsburg, PA 17055 Joseph D. Buckley, Esquire Court-Appointed Auditor 1237 Holly Pike Carlisle, PA 17013 DATE: Apri18, 2011 BY: /~~~ obert M. Mumma, II 840 Market St. -Ste. 33333 Lemoyne, PA 17043 717-612-9720 PROSE 5