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HomeMy WebLinkAbout05-04-05 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA Deceased () ORPHANS' COURT DI~N ~: :l.J -~,J :T~-C) )> !;~! No.21-86-398:1; -,,= IN RE: ESTATE OF ROBERT M. MUMMA, I ....-. MOTION TO COMPEL AND MOTION FOR SANCTIONS, FOR REFUSAL TO PROVIDE DISCOVERY PURSUANT TO COURT ORDER c..n N AND NOW, comes the Petitioner, Robert M. Mumma II, pro se, and files the within Motion for Sanctions for Refusal to Provide Discovery Pursuant to Court Order and in support thereof avers the following: 1 . Petitioner is Robert M. Mumma, an adult individual, acting pro se. 2. Petitioner is a beneficiary of the Estate of his late father, Robert M. Mumma. 3. Seeking Discovery in the above-noted matter, on October 27, 2004, Robert M. Mumma II, sent the Estate his First Set of Interrogatories and Requests for Production of Documents. 4. Due to the Estate's refusal to Answer the Interrogatories or to provide the Requested Documents, on December 21, 2004, Robert M. Mumma II, filed a Motion to Compel Discovery. 5. The very same day as Judge Oler's Order, the Estate filed a response to the Discovery and Motion to Compel, erroneously averring Discovery is premature until an Audit has been conducted on the Accounting of the Estate. 6. On January 5, 2005, the Estate filed a Motion for the Appointment of an Auditor, but requested that such Auditor be mutually agreed upon by the parties. 7. The day after the Motion to Appoint on Auditor, Judge Wesley Oler Ordered the appointment of Taylor Andrews, Esquire. 8. In January, 2005, Robert M. Mumma II filed a Motion to Make the Rule Absolute regarding the Motion to Compel Discovery and then on February 3, 2005, Robert M. Mumma II filed a Motion to Schedule a Hearing on the Motion to Compel. 9. On February 8, 2005, Robert M. Mumma II sent to the Estate Second and Third Sets of Requests for Production of Documents. 10. On February 9,2005, Judge Wesley Oler scheduled 0 Discovery Conference in chambers for Monday, April 4, 2005, on the Motion to Compel Discovery, which had been filed on December 21, 2004. 11. On April Fool's Day, 2005, the Friday before the Monday Discovery Conference, the Estate filed objections to the Second and Third Set of Requests for Production of Documents, which were not received until after the Discovery Conference. 12. At the April 4, 2005, Discovery Conference, Judge Oler issued an Order requiring the Estate to file responses within twenty (20) days to the First, Second and Third Sets of Interrogatories and Requests. Such Order is attached hereto, made a part hereof and marked as Exhibit "A". 13. At the time of the April 4, 2005, Order the Estate had already filed Objections, so the responses required under the Order had to be something more than what hod previously been filed. 14. The Estate has refused to provide adequate responses to Mumma's Interrogatories and has flat out refused to produce any documents pursuant to Mumma's Request for Documents even though the Court has already Ordered them to do so. 1 5. As a beneficiary of the Estate, Robert M. Mumma is entitled to review 011 work product and attorneys' fees records for the Estate. 1 6. Robert M. Mumma II believes the Estate has patently refused to follow the Court's Order and that the Estate should be forced to pay sanctions in the amount of One Thousand ($1 000) Dollars per day until the Discovery is answered. 17. Further, since the Estate will be paying sanctions for inaction, Robert M. Mumma II requests the Court find the Executrixes/Trustees have breached their fiduciary duties and to remove them immediately. 1 8. No further hearing is needed on this matter; Discovery was initially sought in October 2004, 0 Motion to Compel was filed in December 2004, 0 Discovery Conference wos held on that Motion to Compel in April 2005, the Court Ordered the Estote to respond to the Discovery within twenty (20) days, the Estote has filed no response and now six (6) months after the initiol request and after having been Ordered to do so, the Estate continues to Refuse to Answer Discovery. 19. Any further hearings on this issue would simply be a means by which the Estate would frustrate Robert M. Mumma II's position in this case. 20. Currently the Auditor has a hearing scheduled in May of 2005, at which time Robert M. Mumma II will be not be afforded his rights to due process because the Estate has refused to respond to his Discovery requests. WHEREFORE, Robert M. Mumma II requests that the Estate be sanctioned until it provides discovery and that the Auditor hearing be postponed indefinitely until after the Estate provides Discovery. Robert M. Mumma II Pro Se CERTIFICATE OF SERIVCE I, Robert M. Mumma II, hereby certify that I served a true and correct copy of the M. h f II' . h' "",(1:b day of ~, 2005. ohon on t e 0 oWing parties on t IS - c:> Ivo V. Otto III, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Ralph A. Jacobs, Esquire Ralph A. Jacobs & Associates LLC 215 South Broad Street, 10th Floor Philadelphia, P A 1 9107 Taylor P. Andrews, Esquire Andrews & Johnson Low Offices 78 West Pomfret Street Carlisle, PA 17013 Joseph A. O'Connor Jr., Esquire Brady L. Green, Esquire Morgan, Lewis & Bockius, LLP 1701 Market Street Philadelphia, PA 19103-2921 Robert M. Mumma II PO Box 58 Bowmansdale, P A 17008 ~u.,""~ Robert M. Mumma II