HomeMy WebLinkAbout10-7924R - s
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT M. MUMMA, II NO. ~ ~ -~ ~~ ~ 1 ` V I ~ ~~'"" '
6880 S.E. HARBOR CIRCLE l
STUART, FL 34996
PLAINTIFF
v. CIVIL ACTION
LISA M. MORGAN, individually, and as Executrix of the
Estate of Robert M. Mumma, Deceased, and as Trustee of
the Marital Trust under the Will of Robert M. Mumma, JURY TRIAL DEMANDED
Deceased, and as Trustee of the Residual Trust under the
Will of Robert M. Mumma,Deceased, and as Personal
Representative of the Estate of Barbara McK. Mumma,
Deceased, and as Trustee under the Will of Barbara McK.
Mumma, and as Trustee under the Barbara McK. Mumma
4/28/03 Amendment to and Restatement of Agreement of
Trust, ~
1140 NORTH OCEAN BLVD. ~ o ~
GULF STREAM, FL 33483 -~., ~ ° ~~
-And- ~ ~.. ~ "° rn
~
GEORGE W. HADLEY, individually, and as Trustee under: ~.r_ ~ c
-,~°
the Will of Barbara McK. Mumma, Deceased, and as ;.-.:-- z-n
Trustee under the Barbara McK. Mumma 4/28/03 ~ `~' ~" ° ~
~' c`~ =~' ~ c=~
Amendment to and Restatement of Agreement of Trust, °= ~ ~ ~ ~'
10 HUNTERS LANE ~' ~ c~ ~
WILLIAMSVILLE, NY 14221 -< `" ~`
-And-
HIGH-SPEC, INC., a Florida corporation,
c/o April Hicks Receiver
33 S.W. FLAGLER AVE.
STUART, FL 34994
DEFENDANTS
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COURT:
Please issue writ of summons in the above-captioned action.
Writ of Summons shall be issued and forwarded to: X Attorney ^ Sheriff
DATE: December 30, 2010
J es G. Gault, Esquire
Supreme Ct. Id. No. 49687
CIG~ Voa
Qua Sa°t t3
840 Market St. -Suite 153
Lemoyne, PA 17043
Tele: (717) 350-0328
Fax: (717) 612-9977
j ggault@comcast.net
Attorney for Plaintiff
WRIT OF SUMMONS
TO: LISA M. MORGAN, and GEORGE W. HADLEY, and HIGH-SPEC, INC.
You are hereby notified that Plaintiff Robert M. Mumma, II has commenced an action
against you.
DATE: December 30, 2010
AV s.'t1 ~ . ~ U.,~' L 1...
David Buell, Prothono
By:
e uty
ROBERT M. MUMMA, II,
PLAINTIFF
V.
LISA M. MORGAN, individually, and as Executrix of the
Estate of Robert M. Mumma, Deceased, and as Trustee of
the Marital Trust under the Will of Robert M. Mumma,
Deceased, and as Trustee of the Residual Trust under the
Will of Robert M. Mumma,Deceased, and as Personal
Representative of the Estate of Barbara McK. Mumma,
Deceased, and as Trustee under the Will of Barbara McK.
Mumma, and as Trustee under the Barbara McK. Mumma
4/28/03 Amendment to and Restatement of Agreement of
Trust,
-And-
GEORGE W. HADLEY, individually, and as Trustee under:
the Will of Barbara McK. Mumma, Deceased, and as
Trustee under the Barbara McK. Mumma 4/28/03
Amendment to and Restatement of Agreement of Trust,
-And-
HIGH-SPEC, INC., a Florida corporation,
DEFENDANTS
IN THE COURT OF
COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 10-7924
CIVIL ACTION - LAW
C)
-? 3
r
Y?,..
.wt
N
C?
r--
ui
w
JURY TRIAL DEMANDED
MOTION OF JAMES G. GAULT. ESQUIRE FOR LEAVE TO WITHDRAW AS
COUNSEL FOR PLAINTIFF ROBERT M. MUMMA II
Attorney James G. Gault, counsel of record for Plaintiff Robert M. Mumma, II, hereby
moves this Honorable Court for leave to withdraw as counsel for the Plaintiff, and in support of
said Motion avers as follows:
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. Said
work was performed in different office suites located at 840 Market St., Lemoyne, Pennsylvania.
(- n
2. Over the ensuing months and years, Mumma requested the undersigned counsel to
represent his interests or the interests of his companies in a variety of legal matters before
county, state, and federal courts.
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: (#1) 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).
2
5. With respect to factor #1 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.
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.
3
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;
4
(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 Mumma in this matter.
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 all counsel of record and Mumma.
IT 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 Plaintiff, Robert M. Mumma, II.
DATE: July 15, 2011
Js G. Gault, EXquire
PA upreme Ct. Id. No. 49687
503 Magaro Road
Enola, PA 17025
Tele: (717) 350-0328
jggault@comcast.net
5
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 15, 2011
s G. Gault, quire
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 15, 2011
Jame , Gault, Es uire
PA Su reme 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:
George B. Faller, Jr., Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
Counsel for Defendant Lisa M. Morgan
George W. Hadley
10 Hunters Lane
Williamsville, NY 14221
Defendant
High-Spec, Inc.
c/o April Hicks Receiver
33 S.W. Flagler Ave.
Stuart, FL 34994
Defendant
Robert M. Mumma, II
840 Market Street
Suite 33333
Lemoyne, PA 17043
Plaintiff
DATE: July 15, 2011
J G. Gault, Esquire
PAS preme Ct. Id. No. 49687
503 Magaro Road
Enola, PA 17025
Tele: (717) 350-0328
jggault@comcast.net
8
ROBERT M. MUMMA, II, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
LISA M. MORGAN,
individually, and as Executrix
of the Estate of Robert M.
Mumma, Deceased, and as
Trustee of the Marital Trust
under the Will of Robert M.
Mumma, Deceased, and as
Trustee of the Residual Trust
under the Will of Robert M.
Mumma, Deceased, and as
Personal Representative of the
Estate of Barbara McK. Mumma,
Deceased, and as Trustee under
the Will of Barbara McK.
Mumma, and as Trustee under
the Barbara McK. Mumma
4/28/03 Amendment to and
Restatement of Agreement of
Trust, :
and :
GEORGE W. HADLEY
,
individually, and as Trustee
under the Will of Barbara M CU c_
McK. Mumma, Deceased, and ,
as Trustee under the Barbara
McK. Mumma 4/28/03
Amendment to and Restatement
of Agreement of Trust _
,
and
HIGH-SPEC, INC., a Florida
corporation,
Defendants NO. 10-7924 CIVIL TERM
IN RE: MOTION OF JAMES G. GAULT, ESQUIRE FOR LEAVE
TO WITHDRAW AS COUNSEL FOR PLAINTIFF
ROBERT M. MUMMA, II
ORDER OF COURT
AND NOW, this 19fl' day of July, 2011, upon consideration of the Motion of
James G. Gault, Esquire for Leave To Withdraw as Counsel for Plaintiff Robert M.
Mumma, II, a Rule is hereby issued upon Robert M. Mumma, II, and all other parties,
to show cause why the relief requested should not be granted.
RULE RETURNABLE within 20 days from the date of this order.
BY THE COURT,
Wesley Ol r., J.
James G. Gault, Esq.
503 Magaro Road
Enola, PA 17025
Attorney for Plaintiff
George B. Faller, Jr., Esq.
10 East High Street
Carlisle, PA 17013
George W. Hadley
10 Hunters Lane
Williamsville, NY 14221
High-Spec, Inc.
c/o April Hicks, Receiver
33 S.W. Flagler Avenue
Stuart, FL 34994
Robert M. Mumma, II
840 Market Street
Suite 33333
Lemoyne, PA 17043
:rc
;._ a?.L? ESE f I? °__
Tyl? PR 0r,,,
s
1 ?2t?
2"A11 A G 16 P11 1: {
ROBERT M. MUMMA, II, 't1MF?LtiD t :F, IN THE COURT OF
PLAINTIFF PEINNS`? ^: COMMON PLEAS OF
V CUMBERLAND COUNTY,
PENNSYLVANIA
LISA M. MORGAN, individually, and as Executrix of the
Estate of Robert M. Mumma, Deceased, and as Trustee of NO. 10-7924
the Marital Trust under the Will of Robert M. Mumma,
Deceased, and as Trustee of the Residual Trust under the CIVIL ACTION - LAW
Will of Robert M. Mumma,Deceased, and as Personal
Representative of the Estate of Barbara McK. Mumma,
Deceased, and as Trustee under the Will of Barbara McK.
Mumma, and as Trustee under the Barbara McK. Mumma
4/28/03 Amendment to and Restatement of Agreement of
Trust,
-And-
GEORGE W. HADLEY, individually, and as Trustee under:
the Will of Barbara McK. Mumma, Deceased, and as
Trustee under the Barbara McK. Mumma 4/28/03
Amendment to and Restatement of Agreement of Trust,
-And-
HIGH-SPEC, INC., a Florida corporation, JURY TRIAL DEMANDED
DEFENDANTS
MOTION TO MAKE RULE ABSOLUTE
AND NOW, this 16'' 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
Plaintiff Robert M. Mumma, II, on July 15, 2011 in the above-captioned matter, and states as
follows:
1. On July 15, 2011, the undersigned Movant filed the Motion of James G. Gault,
Esquire for Leave to Withdraw as Counsel for Plaintiff Robert M. Mumma, II. Said
Motion was served on the Respondent Robert M. Mumma, II and all other parties on
the same date.
2. On July 19, 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
Respondent Robert M. Mumma, II and all other parties returnable within twenty days.
Copies of the Order were sent by the Court to the Respondent and all other parties.
3. In addition, copies of the Order were forwarded by the Movant upon the Respondent
Robert M. Mumma, II by First Class U.S. mail on July 26, 2011 addressed to both the
Pennsylvania and Florida residential addresses.
4. 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 Robert M. Mumma, II and all other parties on or before Monday, August
8, 2011.
5. As of the expiration of the twenty day period set forth in this Honorable Court's
Order dated July 19, 2011, Respondent Robert M. Mumma, II did not file and serve
an Answer or other response to the Rule to Show Cause. Likewise, no other parties
filed and served an Answer or other response.
WHEREFORE, given that no Answer or other response has been filed by the Respondent
Robert M. Mumma, II and/or any other parties as required by the Order of Court dated July 19,
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, Esquire
PA upreme Ct. Id. No. 49687
503 Magaro Road
Enola, PA 17025
Tele: (410) 208-8453
jggault@comcast.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:
George B. Faller, Jr., Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
Counsel for Defendant Lisa M. Morgan
George W. Hadley
10 Hunters Lane
Williamsville, NY 14221
Defendant
High-Spec, Inc.
c/o April Hicks Receiver
33 S.W. Flagler Ave.
Stuart, FL 34994
Defendant
Robert M. Mumma, II
840 Market Street
Suite 33333
Lemoyne, PA 17043
Plaintiff
Robert M. Mumma, It
6880 S.E. Harbor Circle
Stuart, Florida 34996
Plaintiff
DATE: August 16, 2011 c'
J s G. Gault, Esquire
PA preme Ct. Id. No. 49687
503 Magaro Road
Enola, PA 17025
Tele: (410) 208-8453
jggault@comcast.net
3
ROBERT M. MUMMA, II,
v.
PLAINTIFF
LISA M. MORGAN, individually, and as Executrix of the
Estate of Robert M. Mumma, Deceased, and as Trustee of
the Marital Trust under the Will of Robert M. Mumma,
Deceased, and as Trustee of the Residual Trust under the
Will of Robert M. Mumma,Deceased, and as Personal
Representative of the Estate of Barbara McK. Mumma,
Deceased, and as Trustee under the Will of Barbara McK.
Mumma, and as Trustee under the Barbara McK. Mumma
4/28/03 Amendment to and Restatement of Agreement of
Trust,
-And-
GEORGE W. HADLEY, individually, and as Trustee under:
the Will of Barbara McK. Mumma, Deceased, and as
Trustee under the Barbara MeK. Mumma 4/28/03
Amendment 1.0 and Restatement of Agreement of Trust,
-And-
HIGH-SPEC, INC., a Florida corporation,
DEFENDANTS
ORDER
CIVIL ACTION - LAW,,,
r nr,
M
co o °
,ca z°
xa a.
? c`)
c (=>
JURY TRIAL DEMANDED
AND NOW, this I?
_ day of 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 Plaintiff Robert M. Mumma, II, as required by the
Order of Court dated July 19, 2011, the relief requested in the Motion is GRANTED and James
G. Gault, Esquire is permitted to withdraw as counsel to the Plaintiff.
Distribution:
James G. Gault, Esquire
503 Magaro Rd.
Enola, PA 17025
Rober+ M - kAvmma,7C
I, _4 rc
&o. to. 1-hd le'
IN THE COURT OF
COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 10-7924
ROBERT M. MUMMA, II, IN THE COURT OF
PLAINTIFF COMMON PLEAS OF
V. CUMBERLAND COUNTY,
PENNSYLVANIA
LISA M. MORGAN, individually, and as Executrix of the
Estate of Robert M. Mumma, Deceased, and as Trustee of
the Marital Trust under the Will of Robert M. Mumma,
Deceased, and as Trustee of the Residual Trust under the
Will of Robert M. Mumma,Deceased, and as Personal
Representative of the Estate of Barbara McK. Mumma,
Deceased, and as Trustee under the Will of Barbara McK.
Mumma, and as Trustee under the Barbara McK. Mumma
4/28/03 Amendment to and Restatement of Agreement of
Trust,
NO. 10-7924
CIVIL ACTION - LAW
-And-
GEORGE W. HADLEY, individually, and as Trustee under:
the Will of Barbara McK. Mumma, Deceased, and as
Trustee under the Barbara McK. Mumma 4/28/03
Amendment to and Restatement of Agreement of Trust,
-And-
HIGH-SPEC, INC., a Florida corporation,
DEFENDANTS
r-
'
cD
?- --? Q
-: CO ?.
JURY TRIAL DEMANDED
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 Plaintiff Robert M. Mumma, II in the above-captioned action.
DATE: August 23, 2011
J G. Gault, Esquire
PA 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:
George B. Faller, Jr., Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
Counsel for Defendant Lisa M. Morgan
George W. Hadley
10 Hunters Lane
Williamsville, NY 14221
Defendant
High-Spec, Inc.
c/o April Hicks Receiver
33 S.W. Flagler Ave.
Stuart, FL 34994
Defendant
Robert M. Mumma, II
840 Market Street
Suite 33333
Lemoyne, PA 17043
Plaintiff
Robert M. Mumma, II
6880 S.E. Harbor Circle
Stuart, Florida 34996
Plaintiff
DATE: August 23, 2011
es G. Gault, squire
P? Supreme Ct. Id. No. 49687
503 Magaro Road
Enola, PA 17025
Tele: (410) 208-8453
j ggault@comcast.net