HomeMy WebLinkAbout06-28-05
RECEIVED J 2 8 2005~
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
REOUEST FOR ORDER ON MOTION FOR RECUSAL OF JUDGE
DUE TO APPEARANCE OF IMPROPRIETY
AND NOW, comes the Petitioner, Robert M. Mwnma II, pro se, and files the
within Request for an Order regarding his Motion for Recusal of Judge Wesley Oler of
the Cumberland County Court of Common Pleas in the above-noted matter and in
support thereof avers the following:
I. Petitioner is Robert M. Mwnma, an adult individual, acting pro se.
2. Petitioner is a beneficiary of the Estate of his late father, Robert M.
Mwnma.
3. During an April 18, 2005, hearing in the matter of Mumma, et.
al. v. Estate of Mumma, et. al., Judge Oler chose to recuse himself from that case due to
the appel\1'ance of impropriety in that one of the witnesses in that case, Joseph O'Connor,
Esquire; had had a professional relationship with members of the Judge's family.
4. Mr. O'Connor is lead counsel in the Estate case and will be a witness in
this matter;
5. On April 27, 2005, Robert M. Mwnma filed a Motion for Judge Oler to
recuse himself from the Estate case in that the same conflict exists here that existed in the
other matter in which Judge Oler has already recused himself.
6. The Court has never ruled on Robert M. Mumma II's Motion to Recuse
Judge Oler.
7. Robert M. Mumma II requests the Court issue an Order regarding his Motion
to Recuse Judge Oler.
WHEREFORE, Robert M. Mumma II respectfully requests the Honorable Judge
Oler rule on his prior Motion for Recusal and that Judge OIer 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, who will be a witness, has had a professional relationship
with members of the Judge's family. Robert M. Mumma II respectfully requests the
Estate be assigned to another Judge of the Cumberland County Court of Common Pleas.
~~~.
Pro Se
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CERTIFICATE OF SERlVCE
I, Robert M. Mumma II, hereby certify that I served a true and correct copy of the
Motion on the following parties on this Z8~ay of June, 2005.
Ivo V. Otto III, Esquire
Martson, Deardorff, Williams & Otto
Ten East High Street
Carlisle, PA 17013
Ralph A. Jacobs, Esquire
Ralph A. Jacobs & Associates LLC
215 South Broad Street, 10th Floor
Philadelphia, PA 19107
Taylor P. Andrews, Esquire
Andrews & Johnson Law Offices
78 West Pomfret Street
Carlisle, P A 17013
Joseph A. O'Connor Jr., Esquire
Brady L. Green, Esquire
Morgan, Lewis & Bockius, LLP
1701 Market Street
Philadelphia, PA 19103-2921
~~~
Robert M. 'Mumma II