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Home My WebLink About01-25-11 (3)MITTS MILAVEC, LLC Maurice R. Mitts, Esquire Attorney I.D. No. 50297 Two Logan Square, 12~' Floor Eighteenth and Arch Streets Philadelphia, PA 19103 Telephone: (215) 569-1800 Facsimile: (215) 569-1822 mmitts(a~mittslaw.com 1N RE: ESTATE OF ROBERT M. MUMMA, DECEASED 'a ~ ~ _ ~.: ~ T n __ -~ Ia ~-- :.._ -~ «,~ ~ a _; -~ -~ _ - _: ^~ ~ ~.~C `S'1 .. ,. ~: Attorneys for Robert M. Mumma, II, beneficiary under duly probated will of his father, Robert M. Mumma IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-86-398 MOTION TO WITHDRAW AS COUNSEL FOR ROBERT M. MUMMA, II, BENEFICIARY UNDER DULY PROBATED WILL OF HIS FATHER, ROBERT M. MUMMA AND NOW, Mitts Milavec, LLC on its own behalf, as well as the attorneys in its office ("Movant"), respectfully files the within Motion to withdraw as counsel for Robert M. Mumma, II, and in support thereof avers as follows: 1. This Estate proceeding has been pending for in excess of twenty years. The Movant herein has been counsel for Robert M. Mumma, II, beneficiary under duly probated will of his father, Robert M. Mumma, since November 22, 2010. (A copy of the Entry of Appearance is attached hereto and incorporated herein as Exhibit 1). 2. On Friday, January 14, 2011, a message was received by Maurice R. Mitts, Esquire that Robert M. Mumma, II had advised our office that we were formally terminated as counsel. 3. On January 18, 2011, a letter was sent by Maurice R. Mitts, Esquire to Robert M. Mumma, II to confirm the message and to request the name of replacement counsel. The letter advised that if the name of replacement counsel was not received by the close of business on Thursday, January 20, 2011, Mitts Milavec, LLC would proceed to file a Motion to Withdraw. 4. Movant has not received the name of any substitute counsel and, accordingly, as required by Rule 1.16 of the Rules of Professional Conduct, Movant must withdraw as counsel of record. WHEREFORE, Movant, Mitts Milavec, LLC, respectfully requests that this Court enter the attached form of Order permitting it and its attorneys to withdraw as counsel for Robert M. Mumma, II, beneficiary under duly probated will of his father, Robert M. Mumma. MITTS MILAVEC, LLC Date: January 24, 2011 urice R. itts, squire Attorney I.D. No. 50297 Two Logan Square, 12th Floor Eighteenth and Arch Streets Philadelphia, PA 19103 Attorneys for Robert M. Mumma, II, Beneficiary under duly probated will of his father, Robert M. Mumma 2 MITTS MILAVEC, LLC Maurice R. Mitts, Esquire Attorney I.D. No. 50297 Two Logan Square, 12~' Floor Eighteenth and Arch Streets Philadelphia, PA 19103 Telephone: (215) 569-1800 Facsimile: (215) 569-1822 mmitts(cr~,mittslaw.com Attorneys for Robert M. Mumma, II, benefrciary under duly probated will of his father, Robert M. Mumma IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF ROBERT M. MUMMA, : CUMBERLAND COUNTY, PENNSYLVANIA DECEASED ORPHANS' COURT DIVISION No. 21-86-398 MEMORANDUM OF LAW IN SUPPORT OF MOTION TO WITHDRAW AS COUNSEL FOR ROBERT M. MUMMA, II, BENEFICIARY UNDER DULY PROBATED WILL OF HIS FATHER, ROBERT M. MUMMA Movant, Mitts Milavec, LLC, submits this Memorandum of Law in support of its Motion to be relieved as counsel for Robert M. Mumma, II, in the above-referenced estate proceeding. As grounds, therefore, and in support of this Motion, Movant states as follows: Rule 1.16 of the Rules of Professional Conduct provides: Declining or Terminating Representation "(a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:... (3) the lawyer is discharged...." In light of the very brief period that Movant has been counsel to Robert M. Mumma, II in these lengthy proceedings and the expressed communication of Robert M. Mumma, II terminating Movant's representation, we respectfully submit that cause exists and it is appropriate for counsel to be relieved of the representation in this matter. WHEREFORE, Movant, Mitts Milavec, LLC, respectfully requests that this Court enter the attached form of Order permitting it and its attorneys to withdraw as counsel for Robert M. Mumma, II, beneficiary under duly probated will of his father, Robert M. Mumma. Respectfully submitted, Date: January 24, 2011 aurice R. Mitts, Esquire MITTS MILAVEC, LLC Attorney I.D. No. 50297 Two Logan Square, 12th Floor Eighteenth and Arch Streets Philadelphia, PA 19103 Attorneys for Robert M. Mumma, II, Beneficiary under duly probated will of his father, Robert M. Mumma 2 MITTS MILAVEC, LLC Maurice R. Mitts, Esquire Attorney I.D. No. 50297 Two Logan Square, 12~' Floor Eighteenth and Arch Streets Philadelphia, PA 19103 Telephone: (215) 569-1800 Facsimile: (215) 569-1822 mmitts(a,mittslaw.com Attorneys for Robert M. Mumma, II, beneficiary under duly probated will of his father, Robert M. Mumma IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF ROBERT M. MUMMA, ~ CUMBERLAND COUNTY, PENNSYLVANIA DECEASED ORPHANS' COURT DIVISION No. 21-86-398 DECLARATION OF MAURICE R. MITTS. ESQUIRE 1. I am a Member of the law firm of Mitts Milavec, LLC, Movant in the within Motion to Withdraw as Counsel for Robert M. Mumma, II, Beneficiary Under Duly Probated Will of his Father, Robert M. Mumma. 2. On Friday, January 14, 2011, I received a message advising that Robert M. Mumma, II had requested that our representation be terminated. 3. On January 18, 2011 a letter was sent by me to Robert M. Mumma, II confirming the message and requesting the name of replacement counsel. The letter advised that if the name of replacement counsel was not received by the close of business on Thursday, January 20, 2011, Mitts Milavec, LLC would proceed to file a Motion to Withdraw. 4. As of this date, we have not received the name of replacement counsel. Pursuant to 18 Pa. C.S. § 4904, I, Maurice R. Mitts, Esquire, declare under penalty of perjury that the foregoing is true and correct. Executed on January 24, 2011. . Mitts, Esquire 2 MITTS MILAVEC, LLC Maurice R. Mitts, Esquire Attorney I.D. No. 50297 Two Logan Square, 12`f' Floor Eighteenth and Arch Streets Philadelphia, PA 19103 Telephone: (215) 569-1800 Facsimile: (215) 569-1822 mmittsCa~mittslaw. com Attorneys for Robert M. Mumma, II, beneficiary under duly probated will of his father, Robert M. Mumma IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF ROBERT M. MOMMA, CUMBERLAND COUNTY, PENNSYLVANIA DECEASED ORPHANS' COURT DIVISION No. 21-86-398 ENTRY OF APPEARANCE TO THE CLERK OF ORPHANS' COURT: Kindly enter the appearance of Maurice R. Mitts, Esquire, and Mitts Milavec, LLC, as counsel for Robert M. Mumma, II, Beneficiary under duly probated will of his father, Robert M. Mumma. Date: November 22, 2010 cri c;j c - :~ N Q a _ u_ ~ C .L' .._- J N ~~K _ L:,_r _ N ~y,~ , ( - ~.IJ ~ ~ ..``. ~= U 0 N MITTS MILAVEC, LLC Maurice R. Mitts, Esquire Attorney I.D. No. 50297 Two Logan Square, 12th Floor Eighteenth and Arch Streets Philadelphia, PA 19103 Attorneys for Robert M. Mumma, II, Beneficiary under duly probated will of his father, Robert M. Mumma CERTIFICATE OF SERVICE I, Maurice R. Mitts, Esq., do hereby certify that I caused a copy of the foregoing Entry of Appearance to be served on November 22, 2010 by U.S. Mail, first class, postage prepaid, addressed to: Brady Green, Esquire Morgan, Lewis & Bockius, LLP 1701 Market Street Philadelphia, PA 19103-2921 No V. Otto, III, Esquire Manson Law Offices 10 East High Street Carlisle, PA 17013 Barbara Mann Mumma 541 Bridgeview Dr. Lemoyne, PA 19043 Linda Mumma Roth PO Box 480 Mechanicsburg, PA 17055 Joseph D. Buckley, Esquire Court-Appointed Auditor 1237 Holly Pike Carlisle, PA 17013 MITTS MILAVEC, LLC 'ce R. Mitts, Esquire Attorney ID. No.: 50297 Two Logan Square, 12~' Floor Eighteenth and Arch Streets Philadelphia, PA 19103 (215) 569-1800 (telephone) (215) 569-1822 (facsimile) Attorney for Robert M. Mumma, II, Beneficiary under duly probated will of his father, Robert M. Mumma IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF ROBERT M. MUMMA, CUMBERLAND COUNTY, PENNSYLVANIA DECEASED ORPHANS' COURT DIVISION No. 21-86-398 CERTIFICATE OF SERVICE I, Maurice R. Mitts, Esq., do hereby certify that I caused a copy of the Motion to Withdraw as Counsel for Robert M. Mumma, II to be served on January 24, 2011, in the manner of service listed below, addressed to: Mr. Robert M. Mumma, II 840 Market Street Lemoyne, PA 17043 (Via email & FedEz Standard Overnight) Mr. Robert M. Mumma, II Box F Grantham, PA 17027 (Via U.S. Mail) Mr. Robert M. Mumma, II 6880 S.E. Harbor Circle Stuart, FL 34996-1968 (Via U.S. Mail) Mr. Robert M. Mumma, II c/o James G. Gault, Esquire 840 Market Street, Suite 153 Lemoyne, PA 17043 (Via email & U.S. Mail) Brady Green, Esquire Morgan, Lewis & Bockius, LLP 1701 Market Street Philadelphia, PA 19103-2921 (Via email & U.S. Mail) No V. Otto, III, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 (Via email & U.S. Mail) Barbara Mann Mumma 541 Bridgeview Dr. Lemoyne, PA 19043 (Via email & U.S. Mail) Linda Mumma Roth c/o Carter Ellis 203 Friars Court Mechanicsburg, PA 17050 (Via email & U.S. Mail) Joseph D. Buckley, Esquire Court-Appointed Auditor 1237 Holly Pike Carlisle, PA 17013 (Via email & U.S. Mail) MITTS MILAVEC, LLC 'ce R. Mitts, Esquire Attorney ID. No.: 50297 Two Logan Square, 12~' Floor Eighteenth and Arch Streets Philadelphia, PA 19103 (215) 569-1800 (telephone) (215) 569-1822 (facsimile)