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HomeMy WebLinkAbout10-3673I n yr rtnnsYLVAn~A COUF~T OF COMMON PLEAS 9th Judicial District, County Of Cumberland NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. L D - ~~ x3 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ KIMBOB, INC. 09-1-02 Hon. Barbara A. Clare ADDRESS OF APPELLANT CITY STATE ZIP CODE 840 Market Street Lemoyne PA 17043 DATE OF JUDGMENT IN THE CASE OF (PleiMil~ (Defis~xian~' May 6, 2010 Camp Hill Auto Parts ~ KIMBOB, Inc. DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT CV-0000144-10 ~~~~~,~ ~. This block will be signed ONLY when this notation is required under Pa. If ap , lant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisteria! Disbict Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDERS to the judgment for possession in this case. within twenty (20) days attar filing the NOTICE of APPEAL. Signatu2 a ProMaatary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fom- to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. (001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Camp Hill Auto Parts appellee(s), to file a (~mplaint in this appeal Name of appeUee(s) (Common Pleas No. ~ b - .~~e? 3 ~l y ~ ~ )within twenty (20) days after service of rule or suffer entry of judgment of non pros. ' ~~~ ~ GY Signature of appellant or aftomey or agent James G. Gault, Esquire RULE: To Camp Hill Auto Parts , appellees) Name of appetlee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTC-RED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: June 4.2010 ~ ' nature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM 1N'ITH THIS NOTICE OF APPEAL. ~., HE ~~~~)~~:..~,,~nT.~f?Y 10l0 Jll -4 ~'~112= 39 Gurt~w ~~,w,_.. ,./ ~u~tv .~ P~ i ~~ J~l'1..V~ Jl~A ~°9r 2'~' ~~C-~4~ I C-K-~ S~ /?~ ~y3 t ~ t ~ .COMMONWEALTH OF PENNSYLVANIA r,~l wTV ~F• cv~~n Mag. Dim. No.: 09-1-oa MDJ Name: Nm. BARBARA A. CL1~lRS Add'eaa: 1901 STAT$ ST CAMP HILL, PA Telephone: 1717 ~ 761-0583 17011 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESs CAMP HILL ADTO PARTS ~ 1440 STAT$ ST CAMP HILL, PA 17011 L J VS. DEFENDANT- NAME and ADDRESS ~RII~OB INC ~ 840 lIARl~'P 3T LSl~OYIL~, PA 17043 ItIMHOB INC L J 840 I~ARKS'P ST Docket No.: C9- 0000144 -10 _ LSl~OYNS, PA 17043 Date Filed: 3/19/10 THIS IS TO NOTIFY YOU THAT: - __ FOR _ PLIFF~-, _ ---- -Judgment:` - -- - - -- -- - - -(Date of-Judgment) -_, 5 ,06 10 :_ ®Judgment was entered for: (Name) CAMP HILL AD't0 PARTS, ® Judgment was entered against: (Name BIMBOS INC. in the amount of $ 1, 619. Defendants are jointly and severally liable. Damages will be assessed on Date 8 Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease Amount of Judgment $ 1, 51a . 82 Judgment Costs $ - Interest on Judgment $ Attorney Fees $ Total $ 1, 619.8a Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FlLING A NOTICE OF APPEAL WITH THE PROTHONOTARYfCLERK OFTHE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIV~ PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM-THE COURT OF COMMON-PLEAS AND NO FURTHER PROL'1:SS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE - A REQUEST FOR ENTRY OF SATISFACTK)N WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, BETTIES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. U .Date .i, ~f~: ~Mac,~,stetlaf Disfrict I certify that this is a true and correct copy of the record of the proceedings cwnt~it~tig'thp. judgment. ~: -. . Date :~ , Wistei`iaL,Qistrict=Jgdge t y .! • \ ~ ., .. f !~ My commission expires first Monday of January, x011 ~°~.,y~ _~''''~~AL_ ~~. AOPC 315-07 r"x~ ~ of ~ ~•_• DATg PR~n: 5/06/10 11:47:00 AM 1a~,31~?3 PROOF OF SERVICE OF NOTICE OF APPEAL. ANO RULE TO FILE COMPLAINT C~ P~ of service MUST 8E FiLED VNTMN TEN (10) DAYS AFTt7t ~ the notloe or appeal. Ctreck app6c~le bows.} COMMONVVEALTN OF PENNSYLVANIA COUNTY OF C, ~ '~ ~ ~~-i"'~''u ~ ~~ AFFIDAVIT: I hereby swear or affirm that i served: ~, A copy of the Notice of Appeal. Common Pleas No. ~ ~ r 3L 1 ~ . upon >he District Jusfioe-deai0neted U~tn on _ _ _ (daihe of service) `~v n C, 20~ p ay p service ~ by (oertMled) (regislersr}) matt, servers recsip- attaa,ed trereto and upon the appetee. (Warns) C~4yh ~ i~ t ~~ A ~°~ '~/-~t~"T3 on ~ ~ K . 20 1 ~ p by penzor~ei service ~( by ( (reglsbersd) meN. s rscaipt arta~ed hereto. O AiM turthef that t se-ved tree Role to File a Complaint aooompenyirg the above Notice or Appeal upon ~ appe~ee(s) m - -- _ ( f whom the Rule was addressed on T~`Le ~l . 20 ~ ~ p by P ~ b!- ( ( ~. senders receipt aitadred hereto. 31NORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20~~ dotlGaisi ~ebre was mane 6~ TirB CfO~}BI My oonanissia- expires on , 20 ~ _ C te ~ ~i r . 1 til ~ r (' .t ~ _ " ~ ~ {~ %j i r ` ; ~ C ' ==+ ~i ~? ~..j ~ .~' ~_ ,~ .~ r-9 ~ . . ~ ~ ~ .-. ri,l ri,l [:p HIS' f ~ ~~ 0" Postage $ X11.44 ~- Itft13 r~ Certified F ' ~R~/S p ee ~ 7.~(1 ~ ~ p p Retum Receipt Fee (Endorsement Required) $ft i_!ft ~` poshnark „Q I C_ p Restricted Delivery Fee (Endorsement Re aired • $ i f t» ~ ~ -r'°' ` Q ~ ~ ~' ` ~ `~ ~ q ) 1 ,iJt: ~ ~ ~ Total Postage $ Fees ~ ~~ ~ ?Y 0 I1~1 i~~-~ ~„c~~ 0-' Sent o ° Ca.~ ~.~~ ~~ -- - ~ Sheet, Apt 7Vo.; - ---- p - - - -------------~ ---------------- - --- ----------- or PO Box No. /7~~y/' ---- City Slate, Z%P+4 '-- //,~~' ~"'"'•- ~° ~ ~~ C..C( ~f'1 ~ - - - ...a ti - ~ ~ ~ CALIF' ~tli~;~° E~~'i?~I1 ~ ~ rv `~ °- Postage $ ~41,{.lt I1C113 a Certified Fee ~~.,v~l~ ~,~5 L E A,9 p O p Retum Receipt Fee (Endorsement Required) ~1 ~ • (-1i' P ~ O ~ p Restricted Delivery Fee (Endorsement Required) '~.Il. [f~ l "~ ~rr Of0 Cal trI ~q QQ 6~ ~ TotalPOStage&Fees $ ~~.~4 jj 14~')~ .~.® p- enr o , j' /~ G- ~tSt ~5_-/. °~~ti/ n:._s.~~?f!~~' `_.. ~ V~ ( p N Street.Apt: Tlo:; or PO Box No. G j _ - / S~~ - -_ - --- 1 5~ - CrYy, State, Z/P+4 L ~ +r• ~' 1 f ~ ~ 2 ~ l / ~ ~ i~~ . ~.~ : : _ _ f. ~~~ Z V~ ~ V. '~i ~ Y V ~~ 1 ~ I I~ ~ ,! ~. ~~i ,, ~ ;. ,; CAMP HILL AUTO PARTS,r {~ _' ,~ . Plaintiff v. KIMBOB, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 3673 CIVIL TERM CIVIL ACTION -LAW PRELIMINARY OBJECTIONS TO COMPLAINT NOTICE TO PLEAD: TO: CAMP HILL AUTO PARTS AND KEITH BRENNEMAN, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes KIMBOB, INC., by and through counsel, James G. Gault, Esquire, who files the following Preliminary Objections to the Plaintiff's Complaint pursuant to Pa.R.C.P. 1028(a)(2), (3) and (4) stating as follows: 1. On June 22, 2010, Plaintiff filed a Complaint against the Defendant seeking the total sum of $1,512.82 with respect to allegedly unpaid amounts due for unspecified "parts, equipment and accessories," plus "all collection costs or suits to collect under the Application as well as such sums the Court may judge reasonable as attorney's fees on the suit." 2. Attached to Plaintiff s Complaint as Exhibit A is a two (2) page document entitled "Credit Application" which contains, inter alia, the following subtitled sections and answers: a. "Person(s) Authorized to buy." Answered as follows: "Call office to have whomever is requesting order to confirm OK to be ordering." b. "Is a purchase order needed?" Answered as follows: "Yes." 3. Attached to Plaintiff s Complaint as Exhibit B is a one (1) page document entitled "Statement" dated 02-27-2010. Said Statement lists approximately twenty-one (21) unspecified entries including dates, reference numbers, and amounts without any further description, specification, or other identification of the "parts, equipment and accessories" sought in the Complaint. 4. The Complaint was verified by Marianne Walters on June 18, 2010. 5. Paragraph 5 of Plaintiffls Complaint alleges in pertinent part that "[P]laintiff established an account for Defendant with Plaintiff." 6. Paragraph 6 of Plaintiff s Complaint alleges in pertinent part that "Defendant and Defendant's agents would purchase parts, equipment and accessories from Plaintiff through Defendant's account. 7. Although referenced in its Paragraph 6, the Complaint and its Exhibits fail to specify or further identify the "Defendant's agents," "the parts, equipment and accessories," the presence of a purchase order, and/or whether prior telephone confirmation was obtained which would form the basis for the account stated theory of recovery as claimed by Plaintiff. 8. Paragraph 7 of Plaintiff s Complaint alleges in pertinent part that Plaintiff maintained records of Defendant's account which "records of account are an accurate account of items sold by Plaintiff and purchased by Defendant." 9. Although referenced in Paragraph 7, the Complaint and its Exhibits fail to specify or further identify the "items sold by Plaintiff." 10. Paragraph 8 of Plaintiff s Complaint alleges in pertinent part that Plaintiff would provide Defendant with an invoice "noting the item description." 11. Although referenced in Paragraph 8, the Complaint and its Exhibits fail to specify or further identify any description of the item(s). 12. Paragraph 10 of Plaintiff s Complaint avers that Defendant never objected to the amount allegedly due to Plaintiff; however, Defendant has objected to any liability for said amount(s) allegedly due and owing insofar as Plaintiff was previously notified as to Defendant's objections, specifically with respect to the necessity for purchase orders and for telephone confirmation prior to incurring liability for any transaction(s). 13. Plaintiff s Complaint avers that an account has been stated against the Defendant for the sum of $1,512.82; however, the Complaint does not aver that Defendant ever acquiesced, assented, and/or agreed to the account rendered, and, accordingly, for this reason and others, the Complaint fails to plead properly any action based upon recovery upon an account stated. 14. Plaintiff s Complaint avers that an account has been stated against the Defendant for the sum of $1,512.82 based upon an alleged failure to object; however, the complaint does not aver that Defendant ever acquiesced, assented, and/or agreed to the account rendered, and, accordingly, for this reason and others, the complaint fails to plead properly any action based upon recovery upon an account stated. 15. Although seeking payment of amount(s) allegedly due for "parts, equipment and accessories" allegedly sold by Plaintiff to Defendant, the Complaint does not plead or aver the type, nature, quantity, or otherwise specify or identify said items. I. MOTION TO DISMISS FOR INSUFFICIENT SPECIFICITY IN A PLEADING AS TO AN ACCOUNT STATED THEORY OF RECOVERY - Pa. R.C.P. 1028(a)(3). 16. The Defendant hereby incorporates all preceding paragraphs of the instant Preliminary Objections as though fully set forth at length herein. 17. The Complaint avers that the amounts are due under an account stated theory of recovery; however, the Complaint insufficiently pleads the requisite facts necessary to support said recovery. 18. The Complaint fails to plead sufficiently the nature or extent of the following elements of an account stated as delineated by Pennsylvania decisional law: (i) That the Defendant ever acquiesced, assented, or agreed to the account rendered; (ii) That there was ever a running account and/or apre-existing account; (iii) That there was ever a promise to pay on the alleged account; (iv) That there was ever any acceptance of the account rendered or any account; (v) That there was a matured debt discharged by a manifestation of assent in good faith by debtor and creditor to a stated sum as an accurate computation of the amount of the matured debt or debts due the creditor, or that there were cross demands as the amount of the difference between the total indebtedness due one party and the total indebtedness due the other party; (vi) That there was retention for an unreasonably long time by the Defendant of a statement of account rendered by Plaintiff; (vii) That there was mutual assent to the correctness of the computation of $1,512.82; (viii) That the account stated bound the parties inasmuch as the Defendant never repudiated same; (ix) That the account stated is not subject to impeachment for mistake or fraud; (x) That the parts, equipment and accessories which comprised the account stated were itemized with sufficient specificity; (xi) That the account stated is based on a subsisting debt and arises from a pre- existing account or course of dealings between the parties; and/or, (xii) That the Plaintiff s performance relative to the alleged account was satisfactory to the Defendant. 19. To the extent the Complaint purports to seek recovery of the alleged total amount due under an account stated theory of recovery, yet fails to aver with specificity the appropriate elements of such a theory or action, same is legally objectionable by way of preliminary objection pursuant to Pa. R.C.P. 1028(a)(3). II. MOTION TO DISMISS FOR LEGAL INSUFFICIENCY OF A PLEADING (DEMURRER) - Pa. R.C.P. 1028(a)(4). 20. The Defendant hereby incorporates all preceding paragraphs of the instant Preliminary Objections as though fully set forth at length herein. 21. The Complaint seeks payment of a specified total amount under an account stated theory of recovery without asserting the necessary and requisite facts which would support the application of such a theory of recovery in this matter, and, as such, is legally objectionable by way of preliminary objection pursuant to Pa. R.C.P. 1028(a)(4). 22. The Complaint fails to set forth an appropriate theory of law upon which its demand for payment must be granted, and, as such, is legally objectionable by way of preliminary objection pursuant to Pa. R.C.P. 1028(a)(4). III. MOTION TO DISMISS FOR FAILURE OF A PLEADING TO CONFORM TO LAW OR RULE OF COURT - Pa.R.C.P. 1028(a)(2). 23. The Defendant hereby incorporates all preceding paragraphs of the instant Preliminary Objections as though fully set forth at length herein. 24. The Complaint seeks payment based upon an account stated theory of recovery; however, said Complaint does not specify if the Plaintiff s claim is based upon an oral agreement or a written agreement (see, Pa. R.C.P. 1019(h)), and, as such, is legally objectionable by way of preliminary objection pursuant to Pa. R.C.P. 1028(a)(2). WHEREFORE, the Defendant respectfully requests that this Honorable Court GRANT the instant Preliminary Objections and dismiss the instant complaint with prejudice. Respectfully submitted, DATE: July, 2009 ~~G~ 3~in~s G. Gall~,~s~c tTife ~ Pa. upreme Ct. ID #: 49687 840 Market Street Suite 153 Lemoyne, PA 17043 (717) 612-9720 jggault@comcast.net Attorney for Defendant - KIMBOB, INC. VERIFICATION I, Robert M. Mumma, II, hereby verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S.§4904 relating to unswom falsification to authorities. Date: ~'~" J~-~ a~0, ~ Robert M. Mumma, II CERTIFICATE OF SERVICE ~ ~? I hereby certify that on July ~, 2010, I served a true and correct copy of the foregoing Preliminary Objections to Complaint by U.S. Mail, first class, postage prepaid, addressed to: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main St. Mechanicsburg, PA 17055 G. Gault, ire ~y for Defendant - KIMBOB, INC. ., y E ^s r- ._ i n tJ ? l JU 20 P,.4 1V' ? a CUMBERLAND COUNTY' PENNSYLVANIA CAMP HILL AUTO PARTS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010 - 3673 CIVIL TERM KIMBOB, INC., : Defendant CIVIL ACTION - LAW MOTION OF JAMES G. GAULT. ESQUIRE FOR LEAVE TO WITHDRAW AS COUNSEL FOR DEFENDANT KIMBOB. INC. Attorney James G. Gault, counsel of record for Defendant Kimbob, Inc. hereby moves this Honorable Court for leave to withdraw as counsel for the Defendant, and in support of said Motion avers as follows: I . On November 7, 2007, the undersigned counsel was retained by Robert M. Mumma, II ("Mumma") on an hourly basis to perform various legal research and legal writing projects. Mumma is the president and owner of Defendant Kimbob, Inc. Said legal work was performed in different office suites located at 840 Market St., Lemoyne, Pennsylvania. 2. Over the ensuing months and years, Mumma requested the undersigned counsel to represent his interests or the interests of his companies and/or entities in a variety of legal matters before county, state, and federal courts. Said legal work included representation of the Defendant Kimbob, Inc. 1 3. In a letter dated September 25, 2010 sent to Mumma, the undersigned counsel indicated that he had recently undergone cardio-vascular assessment and testing secondary to an ongoing and sustained increase in work-related stress, anxiety, and tension. Said letter further advised that the treating cardiologist had recommended a reduction in work hours and other proactive measures to reduce exposure to work-related stress. Although the initial plan was to institute a 3.5 day work week, work demands and ever-present court filing deadlines often required working in excess of 3.5 days per week. (A copy of said letter will be made available to the Court for in camera review if so directed). 4. In a letter dated May 2, 2011 sent to Mumma, the undersigned counsel indicated that he would be relocating to Maryland secondary to upcoming wedding nuptials and that his last day to report to the Lemoyne office would be September 2, 2011, thereby providing Mumma with a four (4) month advance notice regarding the retention of successor counsel. However, said letter specified that the undersigned counsel reserved the right to adjust the departure date for an earlier cessation of work as dependent on the following two factors: (#I) if he was not paid timely or regularly, or (#2) if he was subjected to further intolerable work demands or conditions, including both professional working relationships and inter-personal relationships. (A copy of said letter will be made available to the Court for in camera review if so directed). 5. With respect to factor #I of the two factors delineated above in Paragraph 4, the undersigned counsel is currently owed in excess of $8,000 for legal services provided to Mumma; in the context of this written Motion, professional considerations weigh against the disclosure of any more specific details concerning Factor #2. 2 6. In a letter dated May 18, 2011 authored by the undersigned counsel's treating cardiologist, Dr. Keith Rice of Moffitt Heart and Vascular Group in Wormleysburg, Pennsylvania, Dr. Rice stated that all of the undersigned counsel's cardiac complaints and symptoms "are stress related and secondary to his job." Dr. Rice further states therein that he suspects the symptoms will improve when the undersigned counsel leaves the area in September and looks for a new job. (A copy of said medical report will be made available to the Court for in camera review if so directed). 7. During the first part of July 2011, when it became self-evident that the two factors delineated above in Paragraph 4 would not be honored by Mumma, the undersigned counsel consulted and retained an ethics law specialist in Harrisburg, Pennsylvania for professional legal guidance on the appropriate manner to extricate himself from the situation in accordance with the Rules of Professional Conduct. That guidance plan was followed for all pending projects and all court filings due in county, state, and federal courts during the week of July 11, 2011. 8. In an email sent by Mumma on July 12, 2011 at 11:45 a.m., the undersigned counsel was advised by Mumma to return all files to the Lemoyne office. 9. In an email sent by Mumma on July 14, 2011 at 5:52 p.m., the undersigned counsel was advised by Mumma that he was no longer authorized to enter the office building located at 840 Market St., Lemoyne, Pennsylvania or to in anyway access the office computers. 10. In an email sent by Mumma on July 15, 2011 at 7:45 a.m., the undersigned counsel was advised by Mumma that he had hired replacement counsel. 11. Pursuant to Rule of Professional Conduct 1.16(a)(2), a lawyer "shall withdraw from the representation of a client if ... the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client." (emphasis added). As confirmed by the undersigned counsel's treating cardiologist, the cardio-vascular symptoms are related to the representation. 12. Pursuant to Rule of Professional Conduct 1.16(a)(3), a lawyer "shall withdraw from the representation of a client if ... the lawyer is discharged." (emphasis added). As confirmed by Mumma's emails, the undersigned counsel has been discharged or constructively discharged from the representation. 13. Pursuant to Rule of Professional Conduct 1.16(b), a lawyer may withdraw from representing a client if: (1) withdrawal can be accomplished without material adverse effect on the interests of the client; (5) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled; (6) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or, (7) other good cause for withdrawal exists. 14. Pursuant to Rules of Professional Conduct 1.16(a)(2) and 1.16(a)(3) requiring mandatory withdrawal and pursuant to Rules of Professional Conduct 1.16(a)(1), (5), (6), and (7) allowing permissive withdrawal, and for all the reasons set forth herein, the undersigned counsel cannot continue to represent Defendant Kimbob, Inc. in this matter. 4 15. Concurrence from opposing counsel is not necessary in light of the mandatory withdrawal obligations set forth in Rule of Professional Conduct 1.16(a). 16. As reflected by the attached Certificate of Service, a copy of the foregoing Motion has been served upon opposing counsel and upon the Defendant Kimbob, Inc. 17. No hearing or argument is requested, and discovery is not necessary. 18. The above-captioned action has not yet been assigned to any Judge of this Honorable Court. WHEREFORE, the undersigned counsel respectfully requests leave of Court to withdraw as counsel for the Defendant Kimbob, Inc. DATE: July 19, 2011 J s G. Gault, Esquire Aupreme Ct. Id. No. 49687 503 Magaro Road Enola, PA 17025 Tele: (717) 350-0328 jggault@comcast.net VERIFICATION I, James G. Gault, Esquire, the Movant, verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. DATE: July 19, 2011 Jain s G. Gault, Esquire PA upreme Ct. Id. No. 49687 503 Magaro Road Enola, PA 17025 Tele: (717) 350-0328 jggault@comcast.net 6 CERTIFICATE OF CONCURRENCE OR NON-CONCURRENCE I, James G. Gault, Esquire, the Movant, have not sought to obtain the concurrence of opposing counsel, nor ascertain the non-concurrence of opposing counsel, insofar as concurrence and/or non-concurrence from opposing counsel is not necessary in light of the mandatory withdrawal obligations set forth in Rule of Professional Conduct 1.16(a). DATE: July 19, 2011 Jame s-41 Gault, Esquire PA Supreme Ct. Id. No. 49687 503 Magaro Road Enola, PA 17025 Tele: (717) 350-0328 jggault@comcast.net 7 CERTIFICATE OF SERVICE I, James G. Gault, Esquire, do hereby certify that I served a copy of the foregoing Motion this date by U.S. Mail, first class, postage prepaid, addressed to: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main St. Mechanicsburg, PA 17055 Counsel for Plaintiff Kimbob, Inc. c/o Robert M. Mumma, 11 840 Market Street Lemoyne, PA 17043 DATE: July 19, 2011 s G. Gault, E quire PA upreme Ct. Id. No. 49687 503 Magaro Road Enola, PA 17025 Tele: (717) 350-0328 jggault@comcast.net 8 CAMP HILL AUTO PARTS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW KIMBOB, INC., : NO. 10-3673 CIVIL TERM IN RE: MOTION OF JAMES G. GAULT ESQUIRE FOR LEAVE TO WITHDRAW AS COUNSEL FOR DEFENDANT KIMBOB, INC. ORDER OF COURT AND NOW, this 22°d day of July, 2011, upon consideration of the Motion of James G. Gault, Esquire for Leave To Withdraw As Counsel for Defendant Kimbob, Inc., a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of this order. J ?Keith O. Brenneman, Esq. 44 West Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff ?Kimbob, Inc. c/o Robert M. Mumma, II 840 Market Street Lemoyne, PA 17043 Defendant a3 rrj BY THE COURT, ?James G. Gault, Esq. 503 Magaro Road Enola, PA 17025 rc (O p; is 01 1L EL'°rr' Jti, 'Oil AUG 16 P1.1 I ?'MaER?ittl{ J, Y CAMP HILL AUTO PARTS, 'Et??Sy[ o„. T`?I'HE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010 - 3673 CIVIL TERM KIMBOB, INC., ; Defendant CIVIL ACTION - LAW MOTION TO MAKE RULE ABSOLUTE AND NOW, this 16`x' day of August, 2011, comes James G. Gault, Esquire, the Movant having filed the Motion of James G. Gault, Esquire for Leave to Withdraw as Counsel for Defendant Kimbob, Inc., on July 20, 2011 in the above-captioned matter, and states as follows: 1. On July 20, 2011, the undersigned Movant filed the Motion of James G. Gault, Esquire for Leave to Withdraw as Counsel for Defendant Kimbob, Inc. Said Motion was served on the Respondent Kimbob, Inc./Robert M. Mumma, II and the Plaintiff s counsel contemporaneously therewith. 2. On July 22, 2011, this Honorable Court (per Judge J. Wesley Oler, Jr.) issued a Rule to Show Cause why the relief requested in the Motion should not be granted upon the Respondent Kimbob, Inc./Robert M. Mumma, II and the Plaintiffs counsel returnable within twenty days. Copies of the Order were sent by the Court to all parties. 3. Pursuant to Pa.R.C.P. 440(b), service of the Rule to Show Cause Order is complete upon mailing. An Answer to the Rule to Show Cause was therefore due to be filed by Respondent Kimbob, Inc./Robert M. Mumma, II and the Plaintiff on or before Thursday, August 11, 2011. 1 4. As of the expiration of the twenty day period set forth in this Honorable Court's Order dated July 22, 2011, Respondent Kimbob, Inc./Robert M. Mumma, II did not file and serve an Answer or other response to the Rule to Show Cause. Likewise, the Plaintiff did not file and serve an Answer or other response. WHEREFORE, given that no Answer or other response has been filed by the Respondent Kimbob, Inc./Robert M. Mumma, II and/or the Plaintiff as required by the Order of Court dated July 22, 2011, the undersigned Movant respectfully requests that the Court enter an Order making the Rule to Show Cause absolute and granting the relief requested in the Motion, effective as of the date of its filing. DATE: August 16, 2011 J s G. Gault, Esq ire PA upreme Ct. Id. No. 49687 503 Magaro Road Enola, PA 17025 Tele: (410) 208-8453 iggault@comeast.net 2 CERTIFICATE OF SERVICE I, James G. Gault, Esquire, do hereby certify that I served a copy of the foregoing Motion to Make Rule Absolute this date by U.S. Mail, first class, postage prepaid, addressed to: Kimbob, Inc. c/o Robert M. Mumma, II 840 Market Street Lemoyne, PA 17043 Defendant Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main St. Mechanicsburg, PA 17055 Counsel for Plaintiff DATE: August 16, 2011 r , es G. Oautt' Esq 're A Supreme Ct. Id. No. 49687 03 Magaro Road Enola, PA 17025 Tele: (410) 208-8453 jggault@comcast.net 3 CAMP HILL AUTO PARTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010 - 3673 CIVIL TERIZ c KIMBOB, INC., MCD _ Defendant CIVIL ACTION - LAW X? - -0r- c4r -<A m ;Orn o® m° a. zo Ca- 20 3 n Z' ORDER > ,. AND NOW, this 1 f'] day of v , 2011, upon consideration of the Motion to Make Rule Absolute filed on August 16, 2011, it is hereby Ordered and Decreed that no Answer or other response having been filed to the Motion of James G. Gault, Esquire for Leave to Withdraw as Counsel for Defendant Kimbob, Inc., as required by the Order of Court dated July 22, 2011, the relief requested in the Motion is GRANTED and James G. Gault, Esquire is permitted to withdraw as counsel to the Defendant. BY THE COURT, , J. Distribution: James G. Gault, Esquire 503 Magaro Rd. Enola, PA 17025 ?Kimbob, Inc. c/o Robert M. Mumma, II 840 Market Street Lemoyne, PA 17043 Defendant Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main St. Mechanicsburg, PA 17055 Counsel for Plaintiff Oc?ie,s 51,6111 4 FILED-OFFICE z HIE PROTHONOTAW ?Q11 AUt. 24 AM 11. 09 CUMBERLAND COUNTY PENNSYLVANIA CAMP HILL AUTO PARTS, Plaintiff v. KIMBOB, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 3673 CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Pursuant to the Order of this Court dated August 17, 2011, please withdraw my appearance on behalf of the Defendant Kimbob, Inc. in the above-captioned action. DATE: August 23, 2011 144es G. Gault, E§4uire P Supreme Ct. Id. No. 49687 503 Magaro Road Enola, PA 17025 Tele: (410) 208-8453 jggault@comcast.net CERTIFICATE OF SERVICE I, James G. Gault, Esquire, do hereby certify that I served a copy of the foregoing Praecipe for Withdrawal of Appearance this date by U.S. Mail, first class, postage prepaid, addressed to: Kimbob, Inc. c/o Robert M. Mumma, II 840 Market Street Lemoyne, PA 17043 Defendant Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main St. Mechanicsburg, PA 17055 Counsel for Plaintiff DATE: August 23, 2011 J s G. Gault, Esquire PA upreme Ct. Id. No. 49687 503 Magaro Road Enola, PA 17025 Tele: (410) 208-8453 jggault@comcast.net Buerf Trothonotag Officoff�^/��«f�~y%<)fny�/ e - -/ �� County, - - —'/''—'-- -.k-,_-.-o`_~Q Solicitor JO %3 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D.BUELL • PROTHONOTARY One Square 0 Suite100 0 [anCide P.,q 0 (Phone 7172406195 0 717240658