HomeMy WebLinkAbout10-27-06
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
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IN RE: THE ESTATE OF
ROBERT M. MUMMA, DECEASED
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No.21-86-398
ORPHANS' COURT
STATEMENT OF MATTERS COMPLAINED OF
1. Does an Order of the Court that strikes a lis pendens "notice to the
world that there is no longer a valid claim on the title" to the property, as the
Superior Court held in Janus Manaaement Services. Inc. v. Schlessinger, 810
A.2d 637 (Pa. Super. 2002)?
2. Is an Order that determines that there is no longer a valid claim on the
title to the property a final order within the meaning of Rule 341 of the Rules of
Appellate Procedure?
3. Is an Order that determines that there is no longer a valid claim on the
title to the property a collateral order within the meaning of Rule 313(b) of the
Rules of Appellate Procedure?
4. Does a party permanently lose any rights if that party fails to or is
prohibited from appealing an Order striking a lis pendens entered by that party,
as the Superior Court said in Janus Manaaement Services. Inc. v. Schlessinaer,
810 A.2d 637 (Pa. Super. 2oo2)?
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4. Does an Order lifting a lis pendens fail to fix any rights, duties, or
liabilities between the parties, does it put no one out of court, and does it fail to
terminate the underlying litigation, as the Supreme Court held in United States
National Bank of Johnstown v. Johnson, 487 A.2d 809 (Pa. 1985)?
5. Can the Opinions of the Supreme Court in United States National Bank
of Johnstown v. Johnson, 487 A.2d 809 (Pa. 1985) and the Superior Court in
Janus Management Services. Inc. v. Schlessinaer, 810 A.2d 637 (Pa. Super.
2002) be reconciled?
Dated: October 26, 2006
Respectfully submitted,
~oiJf-M. M~JI
Robert M. Mumma, II I .J::t I-J .
Box 58
Bowmansdale, PA 17008
(717) 612-9720
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VERIFICA nON
I hereby verify, subject to the penalties of 18 Pa.C.S. ~ 4904, that the averments in
the foregoing are true and correct to the best of my knowledge, information, and belief.
Dated: October 26, 2006
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Certificate of Service
I, Daryl E. Hewitt, Assistant to Robert M. Mumma, II, hereby certify that the
foregoing Statement was served pursuant to the Pennsylvania Rules of Appellate
Procedure by placing true and exact copies thereof in the United States mail,
postage prepaid, addressed as follows:
The Honorable J. Wesley Oler, Jr.
Judge, Court of Common Pleas
One Court House Square
Carlisle, Pennsylvania 17103
Taylor P. Andrews, Esquire, Auditor
78 East Pomfret Street
Carlisle, Pennsylvania 17103
George B. Faller, Esquire
Attorney for the Estate
10 East High Street
Carlisle, Pennsylvania 17103
Dated: October 26, 2006
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Daryl E. Hewitt/