HomeMy WebLinkAbout04-27-05
IN THE COURT OF COMMON PLEAS I
,OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: ESTATE OF
ROBERT M. MUMMA,
ORPHANS' COUR,T DIVISiON
Deceased
No. 21-86-398
MOTION FOR RECUSAL OF JUDGE
DUE TO APPEARANCE OF IMPROPRIETY
AND NOW, comes the Petitioner, Robert M. Mumma II, pro se, and files the within
Reque'st for Recusal of Judge Wesley Oler of the Cumberland County Court of Common
Pleas in the above-noted matter due to an appearance of impropriety and in support
thereof avers the following:
1. Petitioner is Robert M. Mumma, an adult individual, acting pro see
2. Petitioner is a beneficiary of the Estate of his late father, Robert M.
Mumma.
3. Recently, on April 18, 2005, during a hearing in the matter of Mumma, et.
0/. v. Estate of Mumma, et. 0/., Defendants proffered testimony of Joseph O'Connor,
Esquire, of the Morgan, Lewis & Bockius law firm.
4. During the hearing Mr. O'Connor testified to the fact that he is and has
been lead counsel for the Estate of Robert M. Mumma.
5. At one point during the witness's testimony, Judge Oler inquired of him
whether he was the same attorney who wrote the will of the Judge's mother, to which Mr.
O'Connor replied in the affirmative.
6. After that response, counsel for Robert M. Mumma II indicated that he
believed that an appearance of impropriety existed.
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7. Judge Oler then chose to recuse himself from the case due to the
appearance of impropriety and ordered the case be reassigned to another judge of
Cumberland County.
8. In this Estate case, Judge Oler has been assigned many of the recent
motions, petitions and hearings.
9. Mr. O'Connor may be a witness in various proceedings in this Estate case
as lead counsel for the Estate.
10. The Estate has been requested for many years to allow Robert M. Mumma
II the opportunity to review records of the Estate, to which he is entitled as a beneficiary
of the Estate, but counsel for the Estate, including Mr. O'Connor, has refused Robert M.
Mumma that right.
11. Due to Mr. O'Connor's intimate involvement with this Estate as well as his
professional relationship with members of the Judge's family an appearance of
impropriety exists.
WHEREFORE, Robert M. M~mma II respectfully requests the Honorable Judge
Oler to recuse himself from hearing any matters in the Estate due to the existence of an
appearance of impropriety in that lead counsel for the Estate has had a professional
relationship with members of the Judge's family and Robert M. Mumma II respectfully
requests the Estate be assigned to another Judge of the Cumberland County Court of
Common Pleas.
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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
Motion on the following parties on this
z.-=t \,\- day of April, 2005.
Ivo V. Otto III, Esquire
Martson, Deardorff, Williams & Otto
Ten East High Street
Carlisle, P A 17013
Ralph A. Jacobs, Esquire
Ralph A. Jacobs & Associates LLC
215 South Broad Street, 10th Floor
Philadelphia, P A 19107
Taylor P. Andrews, Esquire
Andrews & Johnson Law Offices
78 West Pomfret Street
Carlisle, PA 17013
Joseph A. O'Connor Jr., Esquire
Brady L. Green, Esquire
Morgan, Lewis & Bockius, LLP
1 701 Ma rket Street
Philadelphia, PA 19103-2921
Robert M. Mumma II
PO Box 58
Bowmansdale, PA 17008
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Robert M. Mumma II