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HomeMy WebLinkAbout13-6541 Supreme Court bifiPennsylvania Couri ffCOmmOPleaS For Prothonotary Use Only: t CvilCo er Sh'eet Docket No: ti Cu 1b arid" County 13 t.zs �j 5 r; The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S Complaint 0 Writ of Summons El Petition E Transfer from Another Jurisdiction E] Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Robert Mumma John Kerr Are money damages requested? Yes -i No Dollar Amount Requested: Owithin arbitration limits I (check one) outside arbitration limits O N Is this a Class Action Suit? E] Yes El No Is this an MDJAppeal? El Yes ER No A Name of Plaintiff /Appellant's Attorney: Darrell C. Dethlefs El Check here if you have no attorney (area Self- Represented [Pro Se[ Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS i❑ Intentional El Buyer Plaintiff Administrative Agencies I❑ Malicious Prosecution [ Debt Collection: Credit Card El Board of Assessment 1 Motor Vehicle Debt Collection: Other F] Board of Elections 0 Nuisance 0 Dept. of Transportation E] Premises Liability El Statutory Appeal: Other S❑ Product Liability (does not include E mass tort) 7 Employment Dispute: 0 Slander/Libel/ Defamation Discrimination C D Other: 0 Employment Dispute: Other Zoning Board T E3 Other: I Other: O MASS TORT 0 Asbestos N [:] Tobacco 0 Toxic Tort - DES E] Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS Q Toxic Waste Other: [:1 Ejectment Q Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation Declaratory Judgment © Ground Rent 0 Mandamus El Landlord/Tenant Dispute E] Non- Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial Quo Warranto El Dental Partition Replevin ;x, Legal Quiet Title 0 Other: E] Medical Other: in Other Professional: Updated 1/1/2011 Darrell Dethlefs, Esquire # Pip -Odf Attorney ID # 58805 Dethlefs - Pykosh Law Group, LLC 4 913 xay -S FW ., 2132 Market Street `� Camp Hill, Pennsylvania 17011 CUMBERLAHO Cc)UNTy Telephone — (717) 975 -9446 PENNSYLVANIA Fax — (717) 975 -2309 niavitt _dplglaw,com Attorney for Plaintiffs ROBERT MUMMA, MANN : COURT OF COMMON PLEAS REALTY, INC., and MANN : CUMBERLAND COUNTY, PENNSYLVANIA REALTY ASSOCIATES, INC., Plaintiffs, V. No: 3 JOHN KERR, ESQUIRE, Civil Action — Law Individually, and JOHN KERR LAW, P.C., a Pennsylvania Professional corporation, Defendants. PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: f /O 3,7.S' �v,E WTq Please issue writ of summons in the above - captioned action. Gk /� I Writ of Summons shall be issued and forwarded to U Attorney (X) Sheriff & 4_17777 Respect lly Submitted, Date: Darrell ethlefs, Esquire WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. c z), e Prothonotary Date: Nciy, 5 ga 3 Qy Deputy P RO THri .0 pct pQ —� P 3. � , t1 � 4 � Et ? � .x1f1 � C OUNTY f f hoc C OUNTY Darrell C. Dethlefs, Esquire Attorney. ID No. 58805 2132 Market Street Camp Hill, PA 17011 (717) 975 -9446 DDethlefs @aol.com Attorney for Plaintiff ROBERT MUMMA, MANN IN THE COURT OF COMMON PLEAS REALTY, INC., and MANN CUMBERLAND COUNTY REALTY ASSOCIATES, INC., PENNSYLVANIA Plaintiffs V. / &V, No. 2013- JOHN KERR, ESQUIRE, Individually, and JOHN KERR LAW, P.C., a CIVIL ACTION - LAW Pennsylvania Professional corporation, Defendants Certificate of Merit as to Robert Mumma, Mann Realty, Inc. and Mann Realty Associates, Inc. I, Darrell C. Dethlefs, certify that: 0 an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by these Defendants in the treatment, practice of work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; (see Exhibit "A ", attached hereto) AND /OR ❑x the claim that is Defendants deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom these Defendants are responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was caused in bringing about the harm; (see Exhibit "A ", attached hereto) OR ❑ expert testimony of an appropriate licensed professiona s ecessary for prosecution of the claim against these Defendants. Date: Darrell C. Dethlefs Attorney for Plaintiff Darrell C. Dethlefs, Esquire Attorney ID No. 58805 DETHLEFS- PYKOSH LAW GROUP, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975 -9446 Facsimile: (717) 975 -2309 E -mail: ddethlefs @aol.com ddethlefs @dplglaw.com FARNAN' LAW OF F d c NEW MAILING ADDRESS: The Farnan Law Office R O. Box 42397 Pittsburgh, PA 15203 August 8, 2013 Darrell C. Dethlefs, Esquire Dethlefs - Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 RE: John Kerr, Esquire and John Kerr Law, P. C. Legal Malpractice Certificate of Merit Abel Personnel v. Mann Realty, Inc., No. 11 -3025 (Cumberland County) Dear Mr. Dethlefs: Please accept this letter as a certificate of merit for a legal malpractice action by Mann Realty, Inc., against its former attorney, John Kerr, and his law office for the breach of the standard of care for lawyers. This case resulted in a judgment in the total amount of $54,130.03. According to the Judge Peck of the Cumberland County Court of Common Pleas, Defendant Mann Realty was contractually required to pay legal fees associated with collecting payments allegedly due and owing to plaintiff. The vast majority of $54,130.03 judgment represents plaintiff s legal fees. Based on my review of this case, plaintiff's counsel incurred avoidable legal fees in the amount of $10,172.50 as a result of Kerr's and his law office's failure to follow the appropriate standard of care by failing to withdraw as counsel in a timely manner. It is my reasoned opinion that Kerr's failure to follow the appropriate standard of care was the proximate cause of Mann Realty's loss of $10,172.50. Oualifications I am an attorney working primarily in the area of civil litigation and my resume is attached as Exhibit A. I have been named a Pennsylvania Superlawyer in the areas of Civil Rights/First Amendment (2011, 2012) as well as business litigation (2013). Analysis I have reviewed all of the pleadings in the above matter and determined that John Kerr and John Kerr Law P.C. failed to follow the appropriate standard of care because he failed to withdraw as counsel by filing a formal motion with the court until the matter was within days of a the initial trial date in July 2012. As a result, plaintiff's counsel E BIT ; 2313 East Carson Street I Suite 101 1 Pittsburgh, PA 15 �� Legal Malpractice Certificate of Nicr." August 8, 2013 incurred unnecessary legal fees in th- amount.of $10,172.5', -11hi ch Kerr' 3 former client was required to pay. : be Pennsylvania Rule of Professional Conduct 1.16(a) reads in pertinent part that "a lawyer ... shall withdraw from the representation of a client if ... (3) the lawyer is discharged." See 204 Pa.Code §81.4. According to Kerr's eventual Motion to Withdraw as Counsel ¶12, he was discharged as counsel on or about May 14, 2013. Rule 1.16 further requires the lawyer to follow the applicable rule or law when withdrawing. Rule 1.16(c). Pa.R.C.P. 1012(b) requires leave of court before withdrawing one's appearance as counsel. Comment 9 to Rule of Professional Conduct 1.16 reads that "a lawyer must take all reasonable steps to mitigate the consequences [of withdrawal] to the client." Kerr failed to file his motion in a timely manner, leading to increased fees for opposing counsel who prepared for trial in July 2012, which was required to be postponed, adding $10,172.50 to fees required to be paid by Kerr's client, who was contractually obligated to pay defense fees according to the Court of Common Pleas of Cumberland County. When Kerr eventually filed his Motion to Withdraw as Counsel to Defendant, he stated in paragraph 22 of that motion that "[u]ndersigned counsel regrets that a timely Withdrawal Motion was not filed and apologizes to the Court for any inconvenience this has caused." Legal Standard The standard of care in Pennsylvania for a legal malpractice claim is the exercise of ordinary skill and knowledge of an attorney in Pennsylvania. See Schenkel v. Monheit, 266 Pa. Super. 396, 405 A.2d 493 (Pa. Super. 1979). Although generally expert testimony is required to establish the standard of care and that the requisite standard of care was breached, the only exception is when the lack of skill is "so obvious as to be within the range of ordinary experience and comprehension of a non - professional person. Storm v. Golden, 371 Pa. Super 368, 538 A.2d 61 (Pa. Super. 1988); also Rizzo v. Haines, 520 Pa. 484, 555 A.2d 58 (Pa. 1989). In order to prevail in a legal malpractice claim stemming from a civil matter, the plaintiff must establish 1) the employment of an attorney (or other basis for a duty); 2) failure of the attorney to exercise ordinary skill and knowledge; and 3) the attorney's action (or inaction) was the proximate cause of the damage to the plaintiff. Rizzo V. Haines, supra. In addition, the plaintiff in a legal malpractice matter must demonstrate that he would have prevailed in the underlying matter. See, e.g., Rogers v. Williams, 420 Pa. Super. 396, 616 A.2d 1031 (Pa.Super. 1992); Kituskie v. Corbman, 452 Pa. Super. 467, 682 A.2d 378 (Pa. Super. 1996). Implicit in this standard is the existence of an attorney - client relationship, which in this case clearly existed by virtue of the attorney's entry of appearance on behalf of Mann Realty in the above matter. Relevant Facts Plaintiff Abel Personnel, Inc., staffing firm in the underlying action sued Mann Realty alleging breach of contract and demanding $8,182.36 for employment services 2 Legal Malpractice Certificate of Merit August 8, 2013 . . allegedly rendered. AY ;;3 preliminar objections were filed by other counsel on behalf of Maur. Realty, plaintiff in the underlying act On filed an Amended Complaint on or about May 12, 2011, demanding $7,204.20 plus interest " ±hat accrues at the rate of $1,0354 (sic) per day from May 11, 2011," costs, and reasonabic attorney's fees. Counsel for Mann Realty again filed preliminary objections, which were overruled. On or about August 8, 2011, John M. Kerr, PA ID 26414, of John Kerr, P.C., 5020 Ritter Road, Suite 104, Mechanicsburg, PA 17055, entered his appearance on behalf of Mann Realty, Inc., a/k/a Mann Realty Associates, Inc. Kerr filed an Answer to the Amended Complaint on or about August 29, 2011. Kerr signed the verification to the Answer and included no affirmative defenses or new matter. On August 31, 2011, discovery was served on Mann Realty. Responses to that discovery were due by September 30, 2011, under the rules of civil procedure. Counsel for plaintiff in the underlying matter sent letters to Kerr dated October 13 and 19, 2011, demanding responses "to prevent the necessity of court intervention and resulting costs...." On October 19, 2011, Kerr requested an extension to November 7, 2011, which he subsequently missed. By email dated November 8, 2011, plaintiff's counsel demanded discovery responses again. On November 9, 2011, Kerr sought an additional week to respond, indicating that he had "just delivered" the discovery requests to Man Realty. Plaintiff's counsel moved for a finding of contempt, which was granted by Order dated November 16, 2011. By Order dated November 30, 2011, Mann Realty was ordered to pay $1,140 in attorney's fees: On or about January 4, 2012; plaintiff's counsel petitioned for appointment of arbitrators, which petition was granted on January 19, 2012. On April 18, 2012, Kerr consented to an arbitration award to plaintiff of $26,619.47. According to Kerr's motion to withdraw as counsel filed in July 2012, he was dismissed as counsel for defendant in this matter by defendant on or about May 14, 2012. On May 17, 2012, Kerr filed an appeal of the award of arbitrators. However, he did not move to withdraw as counsel at that time and therefore the Court had no notice that he would not bring try the case in July 2012. The appeal was eventually listed for trial on July 23, 2012. A pretrial conference was scheduled to occur on July 11, 2012. On July 16, 2012, Kerr filed a motion to withdraw as counsel for Mann Realty. In doing so, he represented that he had effectively ceased representing Mann Realty on May 14, 2011, but had thereafter filed the Notice of Appeal from Award of Arbitrators on May 17, 2012. In addition, he represented that he did not formally withdraw his appearance at that time because the principal at Mann Realty, who is not a lawyer, "instructed [Kerr] that it was not necessary that he file a withdrawal motion, as other counsel would be entering his appearance." Kerr Withdrawal Motion ¶15. Kerr went on vacation and was notified by Judge Peck's chambers of the pretrial conference on July 11, 2012. By Order dated July 19, 2012, Judge Peck granted Kerr's motion to withdraw as counsel. 3 Legal Malpractice Certificate of Merit August 8, 2013 On December 3, 2012, Judge Peck enterca a verdict in favor of Plaintiff Abel Persol Pl, Inc., and against Defendant Mann Realty, Inc. a/k/a Mann Realty Associates, Inc. in the ani.ount of $6,298.96 plus interest at a rate of 6% on that amount from May 11, 2011, until payment by Defendant, plus the costs of action and reasonable Plaintiff's attorney's fees in an amount to be determined. By Order dated April 11, 2013, attorney's fees were awarded in the amount of $45,558 through the date of Plaintiff's Post Trial Motion. The judgment was amended to $54,130.03 plus continued post judgment interest. According to Plaintiff's counsel's billing documents submitted with its post -trial motion, plaintiff incurred between May 17, 2012 and August 21, 2013, the date when it can clearly be ascertained defense counsel no longer was incurring legal fees as a result of the failure of Kerr to withdraw as counsel formally, $10,172.50 in legal fees, which are derived from the plaintiff's counsel's billings from May 21, 2012 to August 21, 2012. The following represents the billings for the period in question: 5/21/12 $122.00 5/22/12 $915 5/23/12 $122 5/28/12 $91:50 5/29/12 $122 5/31/12 $30.50 6/4/12 $30.50 6/11/12 $274.50 6/14/12 $152.50 6/1912 $152.50 6/18/12 $671 6/21/12 $122 6/26/12 $91.50 6/26/12 $456 7/2/12 $183 7/5/12 $61 7/10/12 $396.50 7/11/12 $250 7/11/12 $793 7/12/12 $125 7/12/12 $91.50 7/13/12 $213.50 7/16/12 $915 7/17/12 $335.50 7/18/12 $1006.50 7/18/12 $100 7/19/12 $183 7/20/12 $61 7/23/12 $61 7/24/12 $335.50 4 Legal ivy n. ractice Certificate of Merit August 8, 2013 7/25/12 $183 8/1/12 $488 8/3/12 $152.50 8/7/12 $61 8/13/12 $152.50 8/21/12 $671 TOTAL $10,172.50 Conclusion Kerr, who was counsel for Mann Realty, failed to exercise ordinary skill and knowledge knowing that trial was upcoming and failing to file a timely withdrawal of representation motion, which was the proximate cause of a quantifiable loss to his former client, Mann Realty, in the amount of $10,172.50. If you have any questions or need additional information, please contact me. Thank you. Sincerely, ichael A. F an Enclosure 5 F M Exhibit MICh1t1'.f1', A. FAki L'N . 112 Scarborough Lane McMurray, PA 15317 Home Phone: 724 -941 -5633 Work Phone: 412 -592 -7737 E-mail: mfarnan @farnanlawoffice.com EDUCATION: Notre Dame Law School, J.D. 1993 St. Thomas More Society, Vice President Moot Court Competition, Best Speaker Award University of Notre Dame, B.A. 1989 Majored in Economics with concentrations in Politics and Philosophy Editor of Scholastic Magazine President of Pittsburgh Club of Notre Dame Facility Manager of Washington Hall.Theatre Iriterhall Football PROFESSIONAL EMPLOYMENT: Principal, 2006 Present The Farnan Law Office P.O. Box 42397 Pittsburgh, PA 15203 (412) 592- 7737 . The Farnan Law Office is, a litigation- oriented law practice in the Pittsburgh area. Mr. Farnan has been designated a Pennsyl-vania Super-lawyer in 2011, 2012, and 2013 Chief Counsel, August :2001- December 2006 Office of.Chief Counsel PennsylvaniaDepartment Corrections under .Governors Ridge, Schweiker, and Rendell Some significant Corrections- related cases I have.argued in recent years include: • Buck v. Beard, 583 Pa. 431, 879 A.2d 157 (Pa. 2005) • Buck -0. Beard, 834 A.2d 696 (Pa. Cmwlth. 2003) (en Banc) • Montgomery County v. Department of Corrections, 879 A.2d 843 (Pa. Cmwlth. 2005) (en bane) o Spruill v. Gillis, 372 F.3d 218 (3d Cir. 2004) Deputy Attorney General, Attorney -in- Charge, 2000 -2001 Bureau of Consumer Protection, Office of Attorney General, Harrisburg Regional Office A :� y General's designee on the Pennsylvania Real Estate Cummmission Deputy Attorney General, 1, Civil Litigation Section, Pennsylva;_=? Office of Attorney General Staff Attorney,1993 -1.997 Pennsylvania Office of Inspector General Co- counsel to Governor Tom Ridge's Sports and Exposition Facilities Task Force, 1996 Summer Associate, 1992 Day Ketterer Raley Wright & Rybolt Canton, Ohio Law Clerk, 1991 -1992 Butler Simeri Kenopa & Laderer South Bend, Indiana Research Assistant, 1991 -1992 Professor Charles Rice Notre Dame Law School RELATED PROFESSIONAL ACTIVITIES: Presented on Managing the Risk of Prisons, County Commissioners Association of Pennsylvania (CCAP) Solicitors' Conference June 2008 Presented on Risk Management to, Pennsylvania Department of Corrections' dentists at Valley Forge., PA, October 2006 Presented on Discrimination Cases in Corrections to Corrections personnel at Empowering OurFuture Symposium in State College, PA, September 2006 Pennsylvania Rar Institute,. co-presented course entitled, "2 +2 =What? Sentencing and the Pennsylvania Department of Corrections," for-Continuing Legal Education credit, Mechanicsburg (also Philadelphia by videoconferencing), PA, August 2 Presented on Risk Management and Related Legal Topics to Pennsylvania Corrections Health Care Administrators, Indiana; PA April 2006 Presented Legal Matters Related to Corrections, Empowering Our Future Symposium, State College, PA, September 2005 Annual Superintendents' Meeting, presented lecture, on ."Recent Important Cases Affecting Corrections," Elizabethtown, PA, June 2005 2 Philadelphia District Attor; Key's Office, presented �tinuing i eLal Education Course for credit entitled, "Programs Available in the State Correction'_ System," Philadelphia, PA, July 2004 PennSVIvania Bar Institute, Annual Criminal Law Symposium, co- presented Continuing Legal Education Course for credit entitled, "Serving State Time: Insights into the State Prison and Parole Systems," Harrisburg, PA, June 2004 Commencement Speaker, Department of Corrections Training Academy in . Elizabethtown, PA, May 2006 and 2004 and December 2002 Annual Superintendents' Meeting, presented lecture on "Addressing Employment Misconduct: The Need for Progressive Discipline and Documentation," Champion, PA, October 2003 Annual Superintendents' Meeting, presented lecture on "Anatomy of a Title VII Lawsuit," Elizabethtown, PA, November 2002 Rotary Club of Chambersburg, presented Luncheon Program on Consumer Law, Chambersburg, PA, April 2001 Pennsylvania Mortgage benders Association, presented Program at Regional Meeting on "Predatory Lending and Pennsylvania Consumer Law," Harrisburg, PA, February 2001 At the Department, I was frequently asked to speak at Executive Staff Meetings on various .legal topics. BAR MEMBERSHIPS: U.S. Supreme Court Supreme Court of Pennsylvania United States Court of Appeals forthe &Circuit .... - United States .Court of Appeals_for thc: Tenth Circuit United States District Court for the Middle District of Pennsylvania United States.District Court for the Western District of Pennsylvania United States District, Court for the Eastern District of Pennsylvania PROFESSIONAL ASSOCIATIONS: Allegheny County Bar Association Pennsylvania Bar Association. Federal Bar Association — Middle District of Pennsylvania American Correctional Association (ACA) Society of Human Resource Managers Association of Corporate Counsel 3 :. . BOARD 1Vlr.i�'���'RSHI% �tl St. Thomas More Society of Central fern Sylvania, 2001 -2006 Notre Dame Club of.Harrisburg, 2000 -2006 References and writing samples are available upon request. 4• SHERIFF'S OFFICE OF CUMBERLAND COUNTY L (r i% i 1 , Ronny R Anderson Sheriff tit�era�t, Jody S Smithti; u 2a Pty Chief Deputy . UMBEI?LAt@ cou"NT A Richard W Stewart �Ir� Solicitor s OF HE .kFRjFr PENNSYLVI� Robert M. Mumma, II Case Number vs. John Kerr(et al.) 2013-6541 SHERIFF'S RETURN OF SERVICE 11/14/2013 01:57 AM- Deputy Noah Cline, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be John Kerr,who accepted as"Adult Person in Charge"for John Kerr Law P.C. at 5020 Ritter Road, Suite 104, Lower Allen, Mechanicsburg, PA 17055. NOAH CLINE, DEPUTY 11/14/2013 01:57 PM- Deputy Noah Cline, being duly sworn according to law, served the requested Writ of Summons by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: John Kerr at 5020 Ritter Road, Suite 104, Lower Allen, Mechanicsburg, PA 17055. NOAH CLINE, DEPUTY SHERIFF COST: $55.76 SO ANSWERS, November 15, 2013 RbNW R ANDERSON, SHERIFF Darrel C.Dethlefs, Esquire 71!F t 1'O IHOHU :` ';: : 1D#sssos `ut4 FEB 12 PM G: 21 Dethlefs-Pykosh Law Group, LLC 2132 Market Street ��M�E�iLA�i� COUNTY Camp Hill,Pennsylvania 17011 PENNSYLVANIA Telephone—(717)975-2309 Fax—(717)975-2309 Ddethlefs @aol.com ROBERT MUMMA,MANN REALTY : COURT OF COMMON PLEAS INC., and MANN REALTY CUMBERLAND COUNTY, ASSOCIATES, INC., PENNSYLVANIA Plaintiff(s) v. JOHN KERR, ESQUIRE, Individually, : No. 2013-6541 and JOHN KERR LAW,P.C., a Pennsylvania Professional Corporation, . CIVIL ACTION -LAW Defendant(s) PETITION FOR LEAVE TO WITHDRAW APPEARANCE AND NOW, pursuant to Pa.R.C.P. 1012, comes the Petitioner, Dethlefs-Pykosh Law Group, LLC, by Darrell C. Dethlefs, Esq., and Dethlefs-Pykosh Law Group, LLC., counsel for the Plaintiffs, Robert M. Mumma II, and Mann Realty Inc., d/b/a Mann Realty Associates, Inc., who hereby files the following Petition for Leave to Withdraw Appearance, and in support thereof avers as follows: 1. On November 5, 2013, a Praecipe for Writ of Summons was filed by undersigned counsel on behalf of Robert M. Mumma, II, and Mann Realty Inc., d/b/a Mann Realty Associates, Inc. (hereinafter "Plaintiffs") notifying John Kerr, Esq., and John Kerr Law, P.C. (hereinafter "Defendants")that an action was commenced against them. 2. Over the ensuing months, Mumma requested undersigned counsel to represent his interests and the interests of Mann Realty Inc., d/b/a Mann Realty Associates, Inc., in legal matters before county and state courts. M 3. The undersigned counsel has contacted Plaintiff regarding the payment of legal fees currently owed. 4. Plaintiff has made promises to make payment which payment has not been made. 5. Plaintiff currently has an outstanding balance of$2,067.76. A true and correct copy of the Plaintiffs statement is attached hereto and incorporated by reference as Exhibit "A". 6. Pursuant to the 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. 7. Pursuant to Rules of Professional Conduct 1.16(b)(5) and (6), the representation has resulted in an unreasonable financial burden by the client's failure to fulfill an obligation to the lawyer regarding the lawyer's services (in excess of$2,067.76). 8. Pursuant to Rules of Professional Conduct 1.16(a)(2) and 1.16(a)(3) requiring mandatory withdrawal 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 the above-captioned Plaintiff in this action. 9. Withdrawal by undersigned counsel will not further delay this matter insofar as a timely Praecipe for Writ of Summons was filed. 10. As reflected by the attached Certificate of Service, a copy of the foregoing Petition has been served upon all counsel of record and all parties. • WHEREFORE, the undersigned counsel respectfully requests this Honorable Court grant the within Petition and enter an Order withdrawing Petitioner as counsel for the Plaintiff, Robert M. Mumma, II and Mann Realty, Inc., d/b/a Mann Realty Associates, Inc., and to grant any other or further relief which the court deems just and equitable. Respectfully submitted, Date: ( f I c� Darrell C. ethlefs, Esquire DETHLEFS-PYKOSH LAW GROUP, LLC Attorney ID #58805 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 ddethlefs @aol.com Petitioner • Darrel C.Dethlefs,Esquire ID#58805 Dethlefs-Pykosh Law Group,LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-2309 Fax—(717)975-2309 Ddethlefs @aol.com ROBERT MUMMA, MANN REALTY : COURT OF COMMON PLEAS INC., and MANN REALTY CUMBERLAND COUNTY, ASSOCIATES,INC., PENNSYLVANIA Plaintiff(s) v. JOHN KERR,ESQUIRE,Individually, : No. 2013-6541 and JOHN KERR LAW, P.C., a Pennsylvania Professional Corporation, : CIVIL ACTION - LAW Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition for Leave to Withdraw Appearance was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: John Kerr, Esquire Robert M. Mumma, II 5020 Ritter Road 840 Market Street Suite 104 Lemoyne, PA 17043 Mechanicsburg, PA 17055 Mann Realty, Inc. d/b/a Mann Realty Associates, Inc. 840 Market Street Lemoyne, PA 17043 Aft J ti ./- Date: Darrell C. Dethlefs, Esquire Dethlefs - Pykosh Law Group LLC STATEMENT PO BOX 368 Camp Hill, PA 17001 DATE 2/12/2014 TO: Robert Mumma PO Box 5 Camp Hill PA 17011 AMOUNT DUE AMOUNT ENC. $2,067.76 DATE TRANSACTION AMOUNT BALANCE 01/01/2012 Balance forward 0.00 John Kerr- 07/05/2013 INV#9692. 270.00 270.00 07/08/2013 INV#9698. 120.00 390.00 07/17/2013 INV#9741. 150.00 540.00 08/15/2013 INV#9868. 278.25 818.25 08/27/2013 INV#9904. 1,030.00 1,848.25 11/06/2013 INV#10221. 203.75 2,052.00 11/26/2013 PMT Refund of Costs from Sheriff -44.24 2,007.76 12/05/2013 INV#10353. 60.00 2,067.76 CURRENT 1-30 DAYS 31-60 DAYS 61-90 DAYS OVER 90 DAYS AMOUNT DUE PACT fhIF PAST r11 IF PAST fl IF PAST NIP 0.00 0.00 0.00 60.00 2,007.76 $2,067.76 To assure proper credit please return this statement your with payment. For your convenience we accept all major credit cards. For more information call us at 717-975-9446. Thank you. A FINANCE CHARGE OF 1.5% PER MONTH WILL BE ASSESSED ON UNPAID BALANCES AFTER 30 DAYS. LXiiibif- e(4\l ROBERT MUMMA, MANN REALTY, : IN THE COURT OF COMMON PLEAS OF INC., and MANN REALTY : CUMBERLAND COUNTY, PENNSYLVANIA ASSOCIATES, INC., PLAINTIFFS • V. • • JOHN KERR, ESQUIRE, • Individually, AND JOHN KERR • LAW, P.C., a Pennsylvania • Corporation, • DEFENDANTS : 13-6541 CIVIL TERM ORDER OF COURT AND NOW, this /9i4 day of February, 2014, a Rule is issued on Plaintiffs and Defendants to show cause why the Petition for Leave to Withdraw Appearance should not be granted. Rule returnable twenty (20) days after service. Any answers filed should be forwarded by the Prothonotary to chambers. By the Court, Ibwrt H. Maslan., . Darrell C. Dethlefs, Esquire Petitioner Robert M. Mumma, II 840 Market Street (-) ,,, (,-:, Lemoyne, PA 17043 -0a roc) - - , r Mann Realty, Inc. d/b/a 'V -71; Mann Realty Associates, Inc. 840 Market Street wcC Lemoyne, PA 17043 = • John Kerr, Esquire 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 sal )i /iy Darrel C. Dethlefs, Esquire ID # 58805 Dethlefs- Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-2309 Fax — (717) 975-2309 Ddethlefs@aol.com --1L ED-OFFICE PROTHONO TAR 2011111AR 13 PM :2: 30 CUMBERLAND COUNTY PENNSYLVANIA ROBERT MUMMA, MANN REALTY INC., and MANN REALTY ASSOCIATES, INC., Plaintiff(s) v. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN KERR, ESQUIRE, Individually, No. 2013-6541 and JOHN KERR LAW, P.C., a Pennsylvania Professional Corporation, CIVIL ACTION - LAW Defendant(s) MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Petitioner, Darrell C. Dethlefs, Esquire, and Dethlefs-Pykosh Law Group, LLC., counsel for the Plaintiffs, Robert M. Mumma II, and Mann Realty Inc., d/b/a Mann Realty Associates, Inc., who respectfully moves this Honorable Court to make the February 19, 2014 Rule to Show Cause Absolute and enter the accompanying Proposed Order and in support thereof, avers the following: 1. On February 12, 2014, Petitioner, Darrell C. Dethlefs, Esquire, and Dethlefs- Pykosh Law Group, LLC, filed a Petition for Leave to Withdraw Appearance as counsel for Plaintiffs, Robert M. Mumma, II, and Mann Realty Inc., d/b/a Mann Realty Associates, Inc., for unpaid legal bills. 2. On February 19, 2014, this Honorable Court, by the Honorable Albert H. Masland, issued a Rule upon Plaintiffs and Defendants to show cause why the Petitioner, Darrell C. Dethlefs, Esquire, is not entitled to the relief sought in the February 12, 2014 Petition for Leave to Withdraw Appearance. 3 Said Rule was returnable by filing an Answer in the form of a written response at the Office of the Prothonotary in and for this Honorable Court within twenty (20) days of service. 4. No response to the rule was filed. WHEREFORE, the undersigned counsel respectfully requests this Honorable Court grant the within Motion and enter an Order making the Rule of February 19, 2014 Absolute, and in addition, withdrawing the Petitioner as counsel for the Plaintiff, Robert M. Mumma, II and Mann Realty, Inc., d/b/a Mann Realty Associates, Inc., and to grant any other or further relief which the court deems just and equitable. Dated: Respectfully submitted, Darre thlefs, Esquire I.D. # 58805 DETHLEFS-PYKOSH LAW GROUP, LLC 2132 Market Street Camp Hill, PA 17011 Telephone: (717) 975-9446 Fax: (717) 975-2309 Ddethlefs@aol.com Darrel C. Dethlefs, Esquire ID # 58805 Dethlefs- Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-2309 Fax — (717) 975-2309 Ddethlefs@aol.com ROBERT MUMMA, MANN REALTY COURT OF COMMON PLEAS INC., and MANN REALTY CUMBERLAND COUNTY, ASSOCIATES, INC., PENNSYLVANIA Plaintiff(s) v. JOHN KERR, ESQUIRE, Individually, and JOHN KERR LAW, P.C., a Pennsylvania Professional Corporation, Defendant(s) No. 2013-6541 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Motion to Make Rule Absolute was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: John Kerr, Esquire 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 Mann Realty, Inc. d/b/a Mann Realty Associates, Inc. 840 Market Street Lemoyne, PA 17043 Date: 20/ Robert M. Mumma, II 840 Market Street Lemoyne, PA 17043 Darrell Dethlefs, Esquire Darrel C. Dethlefs, Esquire ID # 58805 Dethlefs- Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-2309 Fax — (717) 975-2309 Ddethlefs@aol.com FILEn-OFFICE PROTHONO 20IlirlAR 18 AM 8: 37 CUMBERLAND COUNTY PENNSYLVANIA ROBERT MUMMA, MANN REALTY : INC., and MANN REALTY ASSOCIATES, INC., Plaintiff(s) v. JOHN KERR, ESQUIRE, Individually, and JOHN KERR LAW, P.C., a Pennsylvania Professional Corporation, Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2013-6541. CIVIL ACTION - LAW ORDER AND NOW, /7 d this ay of /fICA,r4 • 2014, after receiving no response to the February 19, 2014 Order in the form of a Rule to Show Cause, it is hereby ORDERED that the Rule is HEREBY made ABSOLUTE and that the relief sought in the Petition for Leave to Withdraw Appearance is GRANTED. BY: Distribution Legend: Darrell C. Dethlefs, Esq. 2132 Market Street Camp Hill, PA 17011 Petitioner Robert M. Mumma, II 840 Market Street Lemoyne, PA 17043 Plaintiff Maim Realty, Inc. d/b/a Mann Realty Associates, Inc. 840 Market Street Lemoyne, PA 17043 Plaintiff John Kerr, Esq. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 Defendant CCYJI 3 /0y