HomeMy WebLinkAbout04-26-11 (3)IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF
ROBERT M. MUMMA, CUMBERLAND COUNTY, PENNSYLVANIA
Deceased
ORPHAN'S COURT DIVISION
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NO. 21-86-398 ~ ~=~' ~'~-~
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ROBERT M. MUMMA, II'S RESPONSE TO THE EMERGENCY MOT1€~l~OF _.._
LISA M. MORGAN FOR DISCOVERY SANCTIONS AGAINST BARBARA M. MUMMA
AND NOW, comes Robert M. Mumma, II, pro se, an Objector, who files the within
Response to the Emergency Motion of Lisa M. Morgan for Discovery Sanctions against Barbara M.
Mumma, and responds as follows:
1. On April 15, 2011, Lisa M. Morgan, a Co-Executrix, filed an Emergency Motion for
Discovery Sanctions against Barbara M. Mumma, the other Co-Executrix. Therein, the
former Co-Executrix sought an order excluding the latter Co-Executrix from presenting any
expert testimony before the Auditor at a hearing currently scheduled for May 2-6, 2011.
2. Thereafter, on Apri120, 2011, the Orphan's Court entered an Order dated April 18, 2011
which issued a Rule on all interested parties to show cause why the relief requested should
not be granted. Said Order specified that the Rule was Returnable within seven (7) days of
service.
3. The undersigned Objector and beneficiary does not concur with the relief sought via the
said Emergency Motion.
4. The undersigned Objector and beneficiary concurs with the response and answer filed by
Barbara M. Mumma in this matter.
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5. Although the courts of common pleas have authority to make rules for practice and
procedure, the Auditor cannot issue a rule that is inconsistent with any general rules of the
Pennsylvania Supreme Court, the Constitution, and/or the laws of the Commonwealth, nor
can it abridge or modify the substantive rights of the litigants. Weber v. Lunch, 375 A.2d
1278 (Pa. 1977); Zelenak v. Mikula, 911 A.2d 542 (Pa. Super. 2006); McGratton v. Burke,
674 A.2d 1095 (Pa. Super. 1996).
6. Byway of further response and answer, the undersigned Objector and beneficiary submits
that the Auditor and the Orphan's Court should neither restrict nor limit the introduction of
the expert testimony at issue and any related evidence sought to be introduced by Barbara
M. Mumma, especially insofar as same relates to fraudulent documents. The Orphan's
Court should be made aware of any and all fraud regarding the matters pending before it.
WHEREFORE, the undersigned Objector and beneficiary respectfully requests that this
Honorable Court issue an appropriate Order DENYING the Emergency Motion of Lisa M.
Morgan for Discovery Sanctions against Barbara M. Mumma filed on April 15, 2011.
Respectfully Submitted,
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DATE: Apri126, 2011 BY:
Robert M. Mumma, II
840 Market St. -Ste. 33333
Lemoyne, PA 17043
717-612-9720
PROSE
CERTIFICATE OF SERVICE
I, Robert M. Mumma, II, pro se, do hereby certify that I caused a copy of the foregoing
Response to Emergency Motion 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
Joseph D. Buckley, Esquire
Court-Appointed Auditor
1237 Holly Pike
Carlisle, PA 17013
DATE: Apri126, 2011
Linda Mumma Roth
512 Creekview Lane
Mechanicsburg, PA 17055
BY:
Robert M. Mumma, II
840 Market St. -Ste. 33333
Lemoyne, PA 17043
717-612-9720
PRO SE