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Home My WebLink About2006-4780 Equity (2) LYNNWOOD NESTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : V.: : PIXIE THORNTON and : NO. 2006 – 4780 CIVIL ACTION – EQUITY TIMOTHY A. THORNTON, : Defendants : : IN RE: OPINION PURSUANT TO Pa.R.A.P. 1925 Guido, J., May , 2007 Defendants have appealed our order of March 20, 2007, dismissing their preliminary objections to plaintiff’s complaint. The reasons for our decision are fully set forth in the opinion which accompanied that order. In their Concise Statement of Matters Raised on Appeal, appellants also allege that we should have recused ourselves from ruling upon this matter. However, we note that their “Motion to Recuse” was not made until April 5, 2007, some two weeks after our decision was made. No objection to our sitting on the argument court panel was 1 made at the time of argument. We did not recognize the defendants at argument. Even after reviewing their “Motion to Recuse”, we still do not have any recollection of having 1 Appellants allege that they sent a letter to the Court Administrator the week before argument. The one sentence letter simply said: Dear Court Administrator: This letter is to inform the court, pursuant to the upcoming hearing on Dec. 6, 2006, that the honorable Edward Guido’s law firm has represented myself on various matters in the past, and I thought it prudent to bring this to the court’s attention. See attachment to “Motion to Recuse”. The Court Administrator has no record of having received the letter. 2 represented them. Therefore, we denied their motion for recusal on April 17, 2007. Our order denying the motion sets forth the reasons as follows: TH AND NOW, this 17 day of APRIL, 2007, the Court having never received the letter dated November 30, 2006, and having no independent recollection of ever having represented the Defendants, their motion for recusal is DENIED, without prejudice to refile it with additional facts. By the Court, ________________ Edward E. Guido, J. Harold S. Irwin, III, Esquire Pixie Thornton Timothy A. Thornton :sld 2 We note that we represented thousands of people over 22 years of private practice which ended almost 10 years ago.