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HomeMy WebLinkAbout10-30-13 (1) a c m rn 3: c c� Robert B. Eyre, Esquire Attorneys for Robert Xg. Iumniaj 1170 I.D. No. 41990 C ID rrk 7„CD Foehl & Eyre, P.C. Y °' T c 4T 27 East Front Street c-> > " Media, PA 19063 610-566-5926 IN THE COURT OF COMMON PLEAS OF CUMBERLAND . COUNTY, PENNSYLVANIA In re: ESTATE OF ROBERT M. . MUMMA, Deceased. : ORPHANS' COURT DIVISION No. 21-86-398 PETITION OF ROBERT B. EYRE, ESQUIRE AND FOEHL & EYRE, P.C. TO WITHDRAW AS COUNSEL TO ROBERT M. MUMMA, II Robert B. Eyre, Esquire ("Petitioner"), on his own behalf, for his firm, Foehl & Eyre, P.C. and their client, Robert M. Mumma, II, ("Mr. Mumma"), hereby petitions this Honorable Court for leave to withdraw as counsel in the above matter, and in support thereof states the following: 1. Petitioner entered his appearance as counsel for Mr. Mumma on May 31, 2013. 2. Mr. Mumma has been represented by other counsel in the past, but has appeared pro se throughout much of the 27 year history of this case. 3. An Auditor's Report was filed by the Court's appointed auditor, Joseph D. Buckley, Esquire on August 7, 2013, reporting on the audit of numerous accounts and objections, including objections by Mr. Mumma, dating back some eight years that were the subject of some 40 days of transcribed hearings and other proceedings in that time. Mr. Mumma represented himself in those audit proceedings, all pre-dating Petitioner's entry of appearance. 4. On Mr. Mumma's behalf, Petitioner filed Objections to the August 7, 2013 Auditor's Report on September 18, 2013. 5. On October 4, 2013, this Court issued an Order. (entered October 7) scheduling argument on the Objections to the Auditor's Report for November 12, 2013, and requiring briefs to be filed by November 1. 6. Petitioner's relationship with Mr. Mumma has become increasingly strained in the last month. 7. Late last week, Mr. Mumma advised Petitioner that he desired to prepare for and argue the Objections himself and instructed Petitioner to withdraw as his counsel in this Estate. 8. Petitioner has not been able to obtain Mr. Mumma's agreement to the specific form or content of a Petition to withdraw as counsel, but Mr. Mumma made it clear as late as yesterday that he desired and intended Petitioner to withdraw as his counsel. 9. Mr. Mumma's instruction that Petitioner withdraw requires the undersigned to withdraw and constitutes good cause under Pennsylvania Rule of Civil Procedure 1012(b) and Rule 1.16(a)(3) of the Pennsylvania Rules of Professional Conduct ("RPC") for the Petitioner's withdrawal. 10. Alternatively, and in addition, good cause exists for withdraw under RPC 1.16 (4), (5), (6) and (7), because, inter alia, the relationship between Petitioner and Mr. Mumma has now deteriorated to the point that they are unable to agree on matters 2 fundamental to the conduct of the case and continuation of the representation will result in unreasonable financial burden and difficulty for Petitioner. 11. In light of the lengthy history of this case, including the history of Mr. Mumma's pro se status and his discharge of Petitioner, submits there is no material prejudice to Mr. Mumma in allowing Petitioner's withdrawal and that the Mr. Mumma should be permitted to resume his pro se status or engage other counsel in these proceedings. WHEREFORE, Petitioner requests this Court (i) issue a Rule to Show Cause on the Petition to Withdraw as counsel; (ii) permit Petitioner and Foehl & Eyre, P.C. to withdraw as counsel and/or (iii) grant such other relief as this Court deems equitable and just. Dated: October 29, 2013 Robert B yre, Esquire Foehl yre, P.C. 27 East Front Street Media, PA 19063 610-566-5926 Attorneys for Robert M. Mumma, 11 Petitioner reserves the right to supplement this Petition with respect to these alternative grounds if appropriate. 3 VERIFICATION I, Robert B. Eyre, Esquire, Petitioner in the foregoing Petition to Withdraw as Counsel, verify that that the statements made in the Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. Sec. 4904, relating to unsworn falsification to authorities. Date: ert B. Eyre, Esquire 4 I CERTIFICATE AND PROOF OF SERVICE I hereby certify that a true and correct copy of the foregoing Petition has been served by first-class United States mail, postage prepaid, this 30`h day of October, 2013, on the following: No V. Otto, IV, Esquire George B. Faller, Esquire Jennifer L. Spears, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Brady L. Green, Esquire Wilbraham Lawler& Buba 31"Floor 1818 Market Street Philadelphia, PA 19103 Richard F. Rinaldo Williams Coulson, LLC 16`h Floor, One Gateway Center Pittsburgh, PA 15222 Ms. Linda M. Mumma, P.O. Box 30436 Bethesda, MD 20824 Robert M. Mumma, II Box F Grantham, PA 17027 Robe A. Eyre Co nsel for Robert M. Mumma, II 5