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HomeMy WebLinkAbout05-09-13 w � M © h ROBERT M.MAMMA,II 840 Market Street, Suite 33333 r rrn co r! + s Lemoyne,PA 17043 z cry 717-448-1127 �' T pro se - %> -In the Court of Corlimon PleA' f "' n IN RE: Cumberland County, Pennsylvania Estate of Robert M. Mumma,Deceased No. 21-86-398 Orphans' Court Division PETITION TO EXTEND DISCOVERY DEADLINE Respondent Robert M. Mumma It ("Petitioner")hereby submits this Petition for additional time to take depositions in support of his prior Petition to Compel Compliance with Court's Order dated July 30, 2012 and for Sanctions and Alternatively, to Vacate Said Order("Petition to Compel") and avers as follows: 1. Petitioner filed the Petition to Compel on January 28,2013 seeking, alternatively, to enforce or vacate an Order of this Court dated July 30, 2012 (the "July 30, 2012 Order")that purported authorize the liquidation of certain insurance policies claimed to be owned by a corporation,DE Distribution,after certain information was provided to the parties. 2. Petitioner was named insured on the insurance policies at issue. 3. At the core of his concerns in the Petition to Compel is that he was not provided copies of the relevant insurance policies and other material documents, appropriate not only to determine not only their true ownership(i.e.,how DE Distribution became listed as the owner of the policies)but also (and even if DE Distribution is the proper owner): (i)what rights Petitioner, as the named insured or otherwise, had under the policies and (ii)what options were available to DE Distribution as purported owner to generate the cash sought by the Residuary Trust without resorting to the extreme option of terminating and liquidating insurance policies with a cash value in excess of$2 million and a face value of some $4.5 million (for example,borrowing against these values). 4. Lisa M. Morgan as Executrix and Trustee of the Estate of Robert M. Mumma, filed a response to a Rule to Show Cause issued on February 22, 2013 ("Respondent"). 5. On April 5,2013,this Honorable Court ordered that the petition be decided under Pa.R.C.P. 206.7; Depositions be completed within 35 days; Argument be held on May 31, 2013; and briefs be submitted at least seven days prior to argument. (the "April 5 Order") 6. Among Petitioner's allegations in the Petition are that his counsel in the matter at the time, Jeffrey Brooks, Esquire, sought,but did not receive, copies of the insurance policies as a condition of any agreement to their liquidation and that Respondent was obliged to provide such information. (See Petition to Compel ¶¶7(h)through (k). 7. Despite such requests and the obvious importance of review of the terms of the policies before agreement to their termination, Respondent still not provided copies of the policies to Petitioner or, it is believed,to the Auditor or any other party in interest. 8. Prior to this Court's April 5 Order, Petitioner had already issued subpoenas—in other litigation addressing related subject matter(Robert M Mumma, 11 v. CRII, Inc. et al, Cumberland County CCP No. 99-1546), Petitioner,through counsel in that matter, issued subpoenas to the relevant insurance companies to produce the policies and other documents relating to the subject policies—including Jefferson National Life Insurance Company,National Life Insurance Company, New York Life Insurance Company, ING USA Annuity and Life Insurance Company;USG Annuity and Life Company and Equitable Life Insurance Company of Iowa, and Lincoln National Life Insurance Company, 9. Petitioner's counsel in the CRH matter began to receive documents from the insurance companies on May 5, 2013 thousands of pages,many of which are on encrypted disks—and Petitioner and his counsel have not yet had an opportunity to review those files. 10.In addition to reviewing these voluminous files,Petitioner desires to take at least one deposition—of his prior counsel, Mr. Brooks. Mr. Brooks is not now available until the week of May 20, 2013. 11. Petitioner accordingly request this court extend the time for depositions to May 24, 2013,to allow him time to conduct at least this deposition and complete his review of the relevant insurance policies to determine whether there are, in fact, significant issues to be presented concerning their disposition by Respondent. WHEREFORE Petitioner requests that the time allotted for depositions pursuant to the Courts Order of April 5, 2013 be extended 14 days until May 24, 2013. Res}/pec�tfulllly(Submitted, Robert M. Mumma, II,pro se VERIFICATION I, Robert M. Mumma, II, verify that that the statements made in the forgoing Petition to Extend Time for Discovery are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. Sec. 4904, relating to unsworn falsification to authorities. Date: g --`-�-- Robert M. Mumma, II CERTIFICATE OF SERVICE I, Robert M. Mumma, II, hereby certify that a copy of the foregoing Petition to Extend Time for Discovery was served on this date, to the following, as indicated below: Jeffrey G. Brooks, Esquire Richard F. Rinaldo, Esquire Minto Law Group,LLC Williams Coulson Johnson Lloyd Two Gateway Center Parker& Tedesco, LLC 603 Stanwix Street, Suite 2025 One Gateway Center, 16`h Floor Pittsburgh, PA 15222 Pittsburgh, PA 15222 jbKppISs@mintolaw.com rrinaldona lliamscqulson.com, Ms. Linda M. Mumma Joseph D. Buckley, Esquire P.O. Box 30436 1237 Holly Pike Bethesda, Maryland 20824 Carlisle, PA 17013 Lmann333 @gmail.com No V. Otto, III, Esquire Brady Green, Esquire Martson Law Offices Morgan Lewis & Bockius 10 East High Street 17 N. Second Street, 14`h Floor Carlisle, PA 17013 Harrisburg, PA 17101 iotto@�martsonlaw.ccm bgreen@murganlewis.cnm R BERT M. MUMMA, II DATE: �D 3