HomeMy WebLinkAbout05-13-05
F:\FILES\DATAFILE\Mununa 5844.1 (estate) 8747 (Kim)\5844.1.Mumma Estate\5844.1.398.tesponse.recusall
5844.)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
IN RE ESTATE OF
ROBERT M. MUMMA,
ORPHANS' COURT DIVISION
Deceased.
NO. 21-86-398
RESPONSE OF BARBARA McK. MUMMA AND LISA M. MORGAN
TO MOTION OF ROBERT M. MUMMA. II FOR RECUSAL
BASED ON APPEARANCE OF IMPROPRIETY
Barbara McK. Mumma and Lisa M. Morgan respond as follows to the motion of Robert M.
Mumma, II for recusal of judge due to appearance of impropriety:
1. Admitted.
2. Admitted. By way of further response, Mr. Mumma, II disclaimed his interest under
Mr. Mumma, Sr.'s will in January 1987. He later was permitted to revoke that disclaimer. Ths
revocation, however, has never been litigated by persons having standing to do so on behalf of Mr.
Mumma, II's minor children.
3. Admitted.
4. Admitted in part, denied in part. Joseph A. O'Connor, Jr., testified at the April 18,
2005 hearing in Robert M. Mumma, II et al v. Estate of Robert M. Mumma, et al., No. 04-618.lC'(:.P.
C;:...:'
C') ':',;'
Cumberland), as to his work on behalf of the Estate of Mr. Mumma, Sr. That', ~timon~:Was
':.n ::,;:
transcribed and the transcript will speak for itself. Any characterizations thereofare'~e~ied.==
."'1 c....;.\
Admitted. . /'
'.~) -0
Denied. The April 18 hearing was transcribed and the transcript wiUs~~ak' for liielf
.,iJ !,.,~,.)
Any characterizations thereof are denied. Byway of further response, it is the recol1eai~'n of co~sel
c...n
for the Estate of Mr. Mumma, Sr. that the question of the need for recusal was raised in the first
5.
6
-')
instance by the Court.
7. Admitted in part, denied in part. It is admitted that the court ultimately determined
to recuse itself That decision, however, was preceded by various discussions regarding the matter.
)
The April 18 hearing was transcribed and the transcript will speak for itself. Any characterizations
thereof are denied.
8. Admitted.
9. Admitted. By way of further response, no final decision as to who may testify in
proceedings relating to the accounts filed by Mrs. Mumma and Mrs. Morgan has been made. The
identity ofthose witnesses will be determined, in part, by the issues that are addressed as defined and
developed in the course of proceedings before the auditor appointed by the Court. In addition, it is
the understanding of Mrs. Mumma and Mrs. Morgan that any testimony that might be taken in
connection with the accounts and the objections thereto will be heard, and the credibility of the
witnesses judged, by the auditor rather than by the Court.
10. Admitted in part, denied in part. It is admitted that Mr. Mumma, II has made many
requests for documents and information. It is denied that Mr. O'Connor or any other person has
refused to provide to Mr. Mumma, II records to which he is entitled. Various communications,
Court orders and other documents on this subject are in writing and speak for themselves. Any
characterizations thereof are denied.
11 Denied. The allegations of this paragraph constitute legal conclusions to which no
response is required, and therefore are denied. By way of further response, Mrs. Mumma and Mrs.
Morgan believe that, in light ofthe complexity of Mr. Mumma, Sr.' s estate the trusts established by
his will, there is a great benefit to continuity in addressing these issues. Moreover, because the Court
will not itself, as Mrs. Mumma and Mrs. Morgan understand the process, hear testimony from or be
required to judge the credibility of Mr. O'Connor or other witnesses who may be called, the
considerations which Mrs. Mumma and Mrs. Morgan understand motivated the Court's recusal
decision in Robert M. Mumma, II et ai. v. Estate of Robert M. Mumma, et ai., No. 04-6183 (C.P.
Cumberland), would not seem to be applicable in the present circumstances.
WHEREFORE, Mrs. Mumma and Mrs. Morgan respectfully request that Mr. Mumma, II's
motion for recusal be denied.
~~~
Ivo V. Otto~
J.D. Number 27763
Hillary A. Dean
J.D. Number 92878
MARTS ON DEARDORFF WILLIAMS & OTTO
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Brady L. Green
MORGAN, LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, P A 19103-2921
(215) 963-5079
Date: May 13, 2005
Attorneys for Barbara McK. Mumma and
Lisa M. Morgan
CERTIFICATE OF SERVICE
I, Jacqueline A. Decker, an authorized agent of Marts on Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Response of Barbara McK. Mumma and Lisa M. Morgan to
Motion of Robert M. Mumma, II for Recusal Based on Appearance of Impropriety was served this
date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed
as follows:
Mr. Robert M. Mumma, II
Box 58
Bowmansdale, P A 17008
Mr. Robert M. Mumma, II
6880 SE Harbor Circle
Stuart, FL 34996
Kirk S. Sohonage, Esquire
P.O. Box 480
Camp Hill, PA 17001
Daryl E. Christopher, Esquire
P.O. Box 480
Camp Hill, P A 17001
Ralph A. Jacobs, Esquire
Ralph A. Jacobs & Associates LLC
215 South Broad Street - 10th Floor
Philadelphia, PA 19107
(Attorney for Barbara Mann Mumma)
Taylor P. Andrews, Esquire
ANDREWS & JOHNSON
78 West Pomfret Street
Carlisle, PA 17013
(Court-Appointed Auditor)
MARTSON DEARDORFF WILLIAMS & OTTO
B~d,\.~
c line A. Decker
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: May 13, 2005