HomeMy WebLinkAbout02-25-14 Robert B. Eyre, Esquire Attorneys for Robert M. Mumma, II
I.D. No. 41990 �? _-_ ��
�-� =;; --r
Foehl & Eyre, P.C. � r f
I;
27 East Front Street ' `� ` �°
, . __ �. . � _
Media, PA 19063 - � - ` , �{.
610-566-5926 � " ��
,`r�
. `r��
;:� - -ri
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
MOTION OF ROBERT B. EYRE AND FOEHL & EYRE, P.C. TO MAKE
ABSOLUTE THE RULE ISSUED TO ROBERT M. MUMMA, II
IN RE: PETITION OF COUNSEL TO WITHDRAW
Robert B. Eyre, Esquire, on his own behalf and on behalf of Foehr & Eyre, P.C., hereby
moves this Court, to make absolute the Court's Rule issued by Order of December 13, 2013 In
re: Petition to withdraw as Counsel (the "December 13 Order to Show Cause," a copy of which
is attached hereto as Exhibit"A"), as follows:
l. On October 30, 2013, the undersigned filed a Petition to Withdraw as Counsel
(the "Petition to Withdraw") seeking leave for him and his firm, Foehl & Eyre, P.C., to withdraw
as counsel to Robert M. Mumma, II ("Mr. Mumma") in the above Estate.
2. On November 1, 2013, this Court entered an Order conditionally granting the
request for leave to withdraw, as follows:
The request of Robert B. Eyre, Esq., and Foehl & Eyre, P.C. to
withdraw as counsel for Robert M. Mumma, II, in this case in this
court is granted, effective upon the client's filing of a consent to
the withdrawal in light of the court's denial of the request for a
continuance of the [November 12, 2013 argument on the
Objections]; in the absence of such a filing by the client, the
representation shall continue through the argument without
prejudice to counsel's right to file a request to withdraw
thereafter...
(November 1 Order at¶2)
3. As of November 8, 2013, no "consent to withdraw" was filed by Mr. Mumma in
accordance with the Court's November 1 Order, and the undersigned fulfilled his obligations to
appear and argue the referenced Objections on November 12, 2013.
4. On or about December 5, 2013, the undersigned filed a Response to this Court's
Order to Show Cause of November 15, 2013 concerning a Pro se Petition of Mr. Mumma to
supplement the record in this matter; in which Response the undersigned renewed the request
that he and his firm be permitted to withdraw.
5. In response to the foregoing, this Court issued the December 13 Order to Show
Cause (attached hereto as Exhibit "A"), directing Mr. Mumma to show cause, by answer to be
filed within 20 days, as to why the Petition to Withdraw should not be granted.
6. More than 20 days has passed and Mr. Mumma has not filed any answer to the
Rule to December 13 Order to Show Cause.
7. Accordingly, and pursuant to the terms of the December 13 Order to Show Cause,
the undersigned therein moves to make the Rule therein absolute and enter an Order granting the
Petition to Withdraw.
WHEREFORE, it is respectfully requested that this Court enter an Order on the fcrm
provided, granting the Petition of Robert B. Eyre and Foehl & Eyre, P.C. to Withdraw as
2
Counsel to Robert M. Mumma, or granting such pother relief as this Court deems equitable and
just.
Dated: February 21, 2014 -
Robert B. y , Esquire
Foehl re, P.C.
27 East Front Street �
Media, PA 19063
1(610)566-5926
Attorneys for Robert M. Mumma, II
3
VERIFICATION
I, Robert B. Eyre, Esquire, verify that that the facts set forth in the foregoing Motio�. to
make the Rule Absolute 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: February 21,2014
R ert . Eyre, Esquire
4
CERTIFICATE AND PROOF OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion to Make the Rule absolute
has been served by first-class United States mail; postage prepaid this 21 St day of February on the
following:
Ivo 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 S` 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
Anthony DeLuca, Esquire
113 Front Street
Boling Springs, PA 17007
Jospeh D. Buckley, Esquire
1237 Holly Pike
Carlisle PA 17013 �
Robe . Eyre
5