HomeMy WebLinkAbout09-26-07
In Re: Estate of ROBERT M. MUMMA.
Deceased
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-86-398
ORPHAN'S COURT DIVISION
PETITION TO WITHDRAW AS COUNSEL PURSUANT TO
PENNSYLVANIA RULES OF CIVIL PROCEDURE lOl2(c) and lOlUd)(l)
AND NOW, the law firm of Sonnenschein Nath & Rosenthal LLP and Mark A. Fink,
(hereinafter collectively "Sonnenschein") hereby petition this Court pursuant to Pennsylvania
Rules of Civil Procedure l012(c) and 10l2(d)(l) for leave to Withdraw as counsel for Robert M.
Mumma, n, in the above-captioned action, and in support thereof aver as follows:
1. In mid-March 2007, Robert M. Mumma, IT ("Mr. Mumma") retained
Box 58
Bowmansdale, PA 17008. and
6880 S.E. Harbor Circle
Stuart, FL 34996-1968
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Sonnenschein to serve as legal counsel in this action.
2.
Mr. Mumma maintains residences at:
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3. Mr. Mumma's business address is:
840 Market Street
Suite 164
Lemoyne, PA 17043
4. Recent differences between Mr. Mumma and Sonnenschein have placed
Sonnenschein in conflict with Mr. Mumma and have made it impossible for Sonnenschein to
continue as counsel for Mr. Mumma. As such, professional considerations require termination of
the representation.
5. Pursuant to Pennsylvania Rules of Professional Conduct 1.16(a)(1), a lawyer is
required to withdraw if the representation will result in a violation of the Rules of Professional
Conduct.
6. Pursuant to Cumberland County Rules of Civil Procedure 208.3(a)(9)
Sonnenschein certifies that the full text of the Petition To Withdraw As Counsel Pursuant To
Pennsylvania Rules of Civil Procedure 1012(c) and 1012(d)(I) and the Proposed Order has been
disclosed to Mr. Mumma and opposing counsel by electronic communication. Mr. Mumma
objects to both the Petition and Proposed Order. Counsel for 8arbaraMann Mumma has not
responded with respect to either the Petition or Proposed Order. Counsel for the Estate and the
Executrixes has not taken a position regarding the Petition and Proposed Order.
7. The Honorable J. WesleyOlerhas ruled on all previous matters in No. 21-86-398
since late 2004.
WHEREFORE, Sonnenschein respectfully requests that this Court grant leave to
withdraw from the representation of Mr. Mumma in this matter.
Dated: September 25, 2007
Respectfully submitted,
SON
By:
Mark A. Fink (Fa. l.D. . 80898)
SONNENSCHEIN NAT & ROSENTHAL LLP
1221 Avenue of the Americas
New York, NY 10020-1089
(212) 768-6700
(212) 768-6800 (facsimile)
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VERIFICATION
I verify that the statements made in the foregoing document are true and correct to the
best of my knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18Pa.C.S. 4904, relating to unsworn falsification to authorities.
SO~.NSCHE.IN _TH&RO~~~LLP,#'./...c i_-
By: ? ~j-
at . A. Fink
Date: Sepr~)~,. ~ct::~
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