HomeMy WebLinkAbout06-13-05
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: ESTATE OF
ROBERT M. MUMMA,
ORPHANS' COURT DIVISION
Deceased
No.: 21-86-398
REQUEST FOR SUPERSEDEAS PENDING RESOLUTION OF APPEALS
AND NOW, comes beneficiary Robert M. Mumma II, and files this Request for
Supersedeas, and in support thereof avers the following:
1. Robert M. Mumma II has filed appeals of several Orders in the above-noted
matter.
2. One of those appeals relates to whether the Court-appointed auditor has the
authority to address and determine Discovery issues.
3. Currently, the Auditor has set specific deadlines for the discovery process,
including a drop-dead date when Robert M. Mumma II must have all discovery requests
submitted or else risk waiving his right to seek discovery.
4. Robert M. Mumma II has been seeking Discovery from the Estate for 19 plus
years and has continuously been refused the same.
5. After a conference on April 4, 2005 with Judge Oler, counsel for the various
interested parties and Mr. Mumma II, the Estate was Ordered to respond to Mr. Mumma
II's most recent discovery requests, to which the Estate re~sed to adequately respond.
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6. In late April 2005, the Estate provided Mr. Mumma II with a pile of
documents which he did not request and generally objected to the remainder of the
his Discovery Requests on the grounds of privilege.
7. When Mr. Mumma II objected the Court referred the matter to the Auditor,
who set forth a specific Discovery schedule.
8. Mr. Mumma II does not believe the Auditor has the authority to handle such
matters and has appealed the same.
9. Accordingly, during the pendency ofthese appeals Mr. Mumma II requests a
Supersedeas of the Auditor acting in any fashion.
lO. Robert M. Mumma II does not seek a supersedeas with regard to the
Discovery schedule that has been Ordered by this Court and asks that Discovery be
allowed to proceed during the pendency of the appeal.
WHEREFORE, Robert M. Mumma II requests a supersedeas ofthe Auditor from
acting in any fashion, although Mr. Mumma II does believe the issue of discovery should
proceed during the pendency of his Appeals
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Robert M. Mumma II