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HomeMy WebLinkAbout01-31-05 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA IN RE ESTATE OF ROBERT M. MUMMA, ORPHAN'S COURT DIVISION Deceased. No.: 21-86-398 MOTION TO RECUSEIREMOVE ATTORNEY TAYLOR P. ANDREWS AND TO APPOINT A NEW AUDITOR o ~:,:n AND NOW comes Robert M. Mumma II by and through his Attorneys Sph~iillge "'::'! C,J & Christopher and makes this Motion to Recuse Taylor Andrews and to Appoint ~~~w ,,-) "i'l Auditor and in support thereof avers the following: --1 r,,) 1. The Estate of Robert M. Mumma was opened in 1986 in Cumberland 1'.) V~\ County, Pennsylvania following the death of Robert M. Mumma on April 12, 1986. 2. Robert M. Mumma II objected to all of the accountings filed by the Executrixes in this Estate. 3. The Estate moved for the appointment of an Auditor pursuant to the provisions of the current Cumberland County Orphans Court Rules. 4. Administration of this Estate should be controlled by the rules in effect when the Estate was opened in 1986. 5. The Court appointed Taylor P. Andrews, Esquire as the auditor. 6. Because an auditor in this matter is a finder of facts, he should be held to the same high standards to which judges are held. .;,.. .~ 7. Under Cannon 3(C)(1) of the Pennsylvania Code of Judicial Conduct, "A judge should disqualify himself in a proceeding in which his impartiality might reasonably be questioned. . . " 8. It is believed, and therefore averred, that Attorney Andrews's family members maintained close personal and business relationships with Robert M. Mumma and Barbara Mck. Mumma during Mr. Mumma Sr. ' s lifetime. 9. It is believed, and therefore averred, that Attorney Andrews's family members continue to maintain close personal relationships with Barbara Mck. Mumma. 10. It is believed, and therefore averred that Attorney Andrews is related by marriage to Attorney Samuel Andes. Mr. Andes was involved in the sale of some of the Mumma properties including, but not limited to, assets of Union Quarries and may have conspired to divest Mr. Mumma II of his stock in Union Quarries. II. Even if Attorney Andrews is impartial in the present case, there will be an appearance of impropriety due to close relationship to some of the parties and witnesses in this case. 12. The accounting in the present case is extremely complicated. The Estate has been open for over 18 years and involves numerous companies, corporate liquidations, corporate governance issues, theft of corporate assets, and real estate transactions. 13. It is believed, and therefore averred, that Attorney Andrews, while a competent attorney, is not an expert in fiduciary accounting, the Pennsylvania BCL, corporate and forensic accounting, and estate administration. " 14. The auditor appointed by the Court in this case should be an expert in fiduciary accounting, the Peunsy1vania BCL, corporate and forensic accounting, and estate administration. WHEREFORE Robert M. Mununa II requests that this honorable Court remove or recuse Attorney Andrews as auditor and appoint a disinterested expert in fiduciary accounting and estate administration as the new auditor. RESPECTFULLY SUBMITTED SOHONAGE & CHRlSTOPHER 1>/ ~~ Daryl . Christopher, EsqUIre LD. No.: 91895 Attorneys for Robert M. Mumma II P.O. Box 480 CampHill,PA 17001 P. (717)612-9721 F. (717) 612-9722 . , VERIFICATION I, Robert M. Mumma II, have read the foregoing MOTION TO RECUSEIREMOVE ATTORNEY TAYLOR P. ANDREWS AND TO APPOINT A NEW AUDITOR and hereby verify that the facts contained therein are true and correct to the best of my knowledge, information, and belief. I understand that this verification is made subject to the penalties of 18 Pa. C. S. A. Ii 4904, regarding unsworn falsifications to authorities. ~ '/U..l.f.~I?Xv1 ?rf ~ ('~'( Robert M. Mumma II v CERTIFICATE OF SERVICE I, Daryl Christopher, hereby certify that I served the foregoing MOTION TO RECUSE ATTORNEY TAYLOR P. ANDREWS AND TO APPOINT A NEW AUDITOR upon all counselors ofrecord and upon Attorney Andrews by sending copies of said motion to the following via postage-prepaid, first-class, U.S. Mail: Ivo V. Otto, III, Esquire Martson Deardorff Williams & Otto Ten East High 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 Taylor P. Andrews, Esquire Court-Appointed Auditor Andrews & Johnson Law Offices 78 West Pomffet Street Carlisle, P A 17013 J/3 J/ () S 'Date' j)i~-~ Daryl If( Christopher, Esq. ~t.