IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CIVIL DIVISION LAWRENCE W. DUNN and CAROL L. : DUNN, his wife, COIN FLIP ASSOCIATES, a Pennsylvania General Partnership, : MAYVIEW ROAD ASSOCIATES TRUST AGREEMENT, HIGHLAND FARMS : INCORPORATED, and LOWRIES RUN ROAD TRUST AGREEMENT, on behalf : of all similarly-situated taxpayers, : Plaintiffs, : vs. GD 99-523 : GD 99-323 THE BOARD OF PROPERTY ASSESSMENT, APPEALS AND REVIEW : OF ALLEGHENY COUNTY and COUNTY OF ALLEGHENY and ALL LOCAL : TAXING AUTHORITIES LOCATED IN ALLEGHENY COUNTY, : Defendants. : PLAINTIFFS' MOTION FOR RECUSAL FROM PLAINTIFFS' RECUSAL MOTION AND NOW, come Plaintiffs, by and through their attorneys, the law firm Pepper Hamilton LLP and Dusty Elias Kirk, Esquire, and the law firm Goldberg, Kamin, Garvin, and Samuel P. Kamin, Esquire and file the within Motion for Recusal from Plaintiffs' Recusal Motion, and in support thereof state as follows: 1. Plaintiffs previously have filed of record a Motion for Recusal, which matter is scheduled for argument before the Honorable R. Stanton Wettick on January 10, 2003. Said Recusal
G.D. 99-523 Motion is incorporated herein by reference thereto. 2. Based upon the holding of Municipal Publications, Inc., et al. v. Court of Common Pleas of Philadelphia County, 207 Pa. 194, 489 A.2d 1286 (1985), Plaintiffs request that the Honorable R. Stanton Wettick recuse himself from presiding over Plaintiffs' Recusal Motion. A copy of said case is attached hereto, marked as Exhibit "A" and made a part hereof. WHEREFORE, Plaintiffs respectfully request that the Honorable R. Stanton Wettick recuse himself from hearing Plaintiffs' Recusal Motion in the within Respectfully submitted, Samuel P. Kamin (Pa. I.D. No. 00707) David A. Wolf (Pa. I.D. No. 51382) Goldberg, Kamin & Garvin 1806 Frick Building 437 Grant Street Dusty E. Kirk (Pa. I.D. No. 30702) Sharon F. DiPaolo (PA. I.D. No. 74520) Pepper Hamilton LLP One Mellon Bank Center, 50th Floor (412) 454-5000 Attorneys for Plaintiffs LAWRENCE W. DUNN and CAROL L. DUNN, his wife, COIN FLIP ASSOCIATES, a Pennsylvania General Partnership, MAYVIEW ROAD ASSOCIATES TRUST AGREEMENT, HIGHLAND FARMS INCORPORATED, and LOWRIES RUN ROAD TRUST AGREEMENT, on behalf of all similarly-situated taxpayers Dated: January 10, 2003 2
G.D. 99-523 NOTICE OF PRESENTATION To all Counsel: Please take notice that Plaintiffs' Motion for Recusal from Plaintiffs' Recusal Motion will be presented to Judge R. Stanton Wettick, Jr., Courtroom 815, on Friday, January 10, 2003, at 12:45 p.m. CERTIFICATE OF SERVICE I hereby certify that on the 10th day of January, 2003 a true and correct copy of Plaintiffs' Motion for Recusal from Plaintiffs' Recusal Motion was hand-delivered to the Core Defense Committee as follows: COUNSEL FOR CORE DEFENDANTS Ira Weiss, Esquire (412) 391-9890 503 Fort Pitt Commons 445 Fort Pitt Boulevard E-MAIL: weisslawiw@stargate.net Counsel for Borough of Bradford Woods, Montour School District, Borough of Franklin Park, West Allegheny School District, City of Pittsburgh School District, Carlynton School District, Municipality of Bethel Park, Keystone Oaks School District Alfred C. Maiello, Esquire (412) 242-4400 Maiello, Brungo & Maiello, LLP One Churchill Park McCrady & Rodi Roads 3301 McCrady Road Pittsburgh, PA 15235-5137 E-MAIL: maiellobrungo@aol.com Counsel for Bethel Park School District, North Allegheny School District, Penn Hills School District, Avonworth School District, Chartiers School District, Moon Area School District, Northgate School District, South Park School District, West Allegheny School District
G.D. 99-523 Timothy J. Bish, Esquire (412) 281-4900 Springer Bush & Perry Two Gateway Center, 15th Floor Pittsburgh, PA 15222-1402 E-MAIL: tbish@sbandp.com Counsel for Baldwin-Whitehall School District, Borough of Crafton, Mt. Lebanon School District, Frazer Township, Borough of Aspinwall Edward R. Lawrence, Jr., Esquire (412) 269-4200 Springer Bush & Perry 500 Cherrington Parkway, Suite 420 Coraopolis, PA 15108-3193 E-MAIL: erl@sbandp.com Counsel for Baldwin-Whitehall School District, Borough of Crafton, Mt. Lebanon School District, Frazer Township, Borough of Aspinwall Ronald H. Pferdehirt, Esquire (412) 255-2043 Assistant City Solicitor City of Pittsburgh Department of Law 313 City-County Building 414 Grant Street -2453 E-MAIL: ronald.pferdehirt@city.pittsburgh.pa.us Counsel for City of Pittsburgh Isobel Storch, Esquire (412) 288-9330 345 County Office Building 542 Forbes Avenue -1708 E-MAIL: istorch@h-mlaw.net Counsel for Allegheny County Board of Assessment, Appeals and Review C. Donald Gates, Esquire (412) 364-2045 3371 Babcock Boulevard Pittsburgh, PA 15237 E-MAIL: gateslaw@aol.com Counsel for Ross Township
G.D. 99-523 W. Theodore Brooks, Esquire (412) 566-1212 Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222-5401 E-MAIL: tbrooks@tuckerlaw.com Counsel for Borough of Swissvale, Borough of Sewickley, Municipality of Bethel Park, Shaler Area School District, Brentwood Borough School District, South Fayette Township School District Charles P. McCullough, Esquire (412) 350-1120 County Solicitor Allegheny County Law Department 300 Fort Pitt Commons 445 Fort Pitt Boulevard E-MAIL: cmccullough@couty.allegheny.pa.us Counsel for County of Allegheny I have also posted this pleading on Pepper Hamilton LLP's web-site at www.pepperlaw.com. Dusty E. Kirk (Pa. I.D. No. 30702) Sharon F. DiPaolo (PA. I.D. No. 74520) Pepper Hamilton LLP One Mellon Bank Center, 50th Floor (412) 454-5000 Samuel P. Kamin (Pa. I.D. No. 00707) David A. Wolf (Pa. I.D. No. 51382) Goldberg, Kamin & Garvin 1806 Frick Building 437 Grant Street Attorneys for Plaintiffs LAWRENCE W. DUNN and CAROL L. DUNN, his wife, COIN FLIP ASSOCIATES, a Pennsylvania General Partnership, MAYVIEW ROAD ASSOCIATES TRUST AGREEMENT,
HIGHLAND FARMS INCORPORATED, and LOWRIES RUN ROAD TRUST AGREEMENT, on behalf of all similarly-situated taxpayers IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CIVIL DIVISION LAWRENCE W. DUNN and CAROL L. DUNN, his wife, COIN FLIP ASSOCIATES, a Pennsylvania General Partnership, MAYVIEW ROAD ASSOCIATES TRUST AGREEMENT, HIGHLAND FARMS INCORPORATED, and LOWRIES RUN ROAD TRUST AGREEMENT, on behalf of all similarlysituated taxpayers, Plaintiffs, vs. THE BOARD OF PROPERTY ASSESSMENT, APPEALS AND REVIEW OF ALLEGHENY COUNTY, and COUNTY OF ALLEGHENY and ALL LOCAL TAXING AUTHORITIES LOCATED IN ALLEGHENY COUNTY, Defendants. No. GD 99-523 GD 99-323 CLASS ACTION PLAINTIFFS MOTION FOR RECUSAL FROM PLAINTIFFS' RECUSAL MOTION Filed on behalf of Plaintiffs, LAWRENCE W. DUNN and CAROL L. DUNN, his wife, COIN FLIP ASSOCIATES, a Pennsylvania General Partnership, MAYVIEW ROAD ASSOCIATES TRUST AGREEMENT, HIGHLAND FARMS INCORPORATED, and LOWRIES RUN ROAD TRUST AGREEMENT, on behalf of all similarlysituated taxpayers, Counsel of Record for these Parties: SAMUEL P. KAMIN, ESQUIRE PA. I.D. #00707 email: SamK@gkgattorneys.com DAVID A. WOLF, ESQUIRE PA. I.D. #51382 email: DavidW@gkgattorneys.com GOLDBERG, KAMIN & GARVIN 1806 Frick Building, 437 Grant Street (412) 281-1119 DUSTY ELIAS KIRK, ESQUIRE Pa. I.D. #30702 email: kirkd@pepperlaw.com SHARON F. DiPAOLO, ESQUIRE Pa. I.D. # 74520 email: dipaolos@pepperlaw.com
PEPPER HAMILTON LLP Pa. Firm No. #143 website: www.pepperlaw.com 50th Floor, One Mellon Bank Center (412) 454-5000 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CIVIL DIVISION LAWRENCE W. DUNN and CAROL L. : DUNN, his wife, COIN FLIP ASSOCIATES, a Pennsylvania General Partnership, : MAYVIEW ROAD ASSOCIATES TRUST AGREEMENT, HIGHLAND FARMS : INCORPORATED, and LOWRIES RUN ROAD TRUST AGREEMENT, on behalf : of all similarly-situated taxpayers, : Plaintiffs, : vs. GD 99-523 : GD 00-323 THE BOARD OF PROPERTY ASSESSMENT, APPEALS AND REVIEW : OF ALLEGHENY COUNTY and COUNTY OF ALLEGHENY and ALL LOCAL : TAXING AUTHORITIES LOCATED IN ALLEGHENY COUNTY, : Defendants. : AND NOW, to-wit, this ORDER day of January, 2003, upon consideration of Plaintiffs' Motion for Recusal from Plaintiffs' Recusal Motion, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiffs' Motion is GRANTED, and the case is referred back to the Administrative Judge of the Civil Division of the Court of Common Pleas of Allegheny County, Pennsylvania for further disposition. Administrative Judge. All proceedings in this matter are stayed pending reassignment of this matter by the
BY THE COURT: G.D. 99-523 6