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Home My WebLink About06-25-14 f n> E7 �+ � OBERMA YER REBMANN MAX WELL c� HIPPEL LLP �" `J c_ � � Paige Macdonald-Matthes, Esquire `�; �? r-, � �:,� � (Pa. Attorney I.D. No. 66266) � � , ��-� r i �y r`" rv ._ cn ';.a c:� -m. ._ - , Locust Street, Suite 400 = . �-�a< < : , . ,'7 Harrisburg, PA 17101 � �--� c, � = s �� (717) 234-9730 Telephone `' `�' �'' � � r� :�> ... �-, (717) 234-9734 Facsimile ' � °D �'— '�' � o pnr�n(ri�ohermaver.cont �- '—' �' -,� � Counsel for Petitioner, Stacy Adler Smith IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS ROBERT A. ADLER, : CUMBERLAND COUNTY, PENNSYLVANIA DECEASED , : ESTATE NO. 21-12-252 : REGISTER OF WILLS PETITION TO WITHDRAW AS COUNSEL AND NOW, this 25`�' day of June, 2014, comes Paige Macdonald-Matthes Esquire, and Obermayer Rebmann Maxwell &Hippel, LLP, attorneys for Petitioner, Stacy Adler Smith in the above-captioned action, and request permission from this Honorable Court to withdraw as Counsel for the following reasons: The Pennsylvania Rules of Civil Procedure specifically allow for the withdrawal of appearance by counsel. See Pa.R.C.P. 1012(b)(2). More specifically, the Pennsylvania Rules of Civil Procedure permit an attorney to withdraw their appearance without leave of court if another attorney is simultaneously entering an appearance on behalf of the party and the change of attorneys does not delay any stage of the litigation. See Pa.R.C.P. 1012(b)(2)(ii). By email correspondence dated June 15, 2014, the undersigned counsel was advised by Petitioner that she was requesting to represent herself in the above captioned matter as is 1 4831678 � . � Petitioner's right to do under Pennsylvania Law. See First Union Mortg. Corp. v. Frempong, 744 A.2d 327 (Pa. 1999)("A pro se litigant is granted the same rights, privileges and considerations as those accorded a party represented by counsel"). To that end, a Joint Praecipe for the withdrawal of the undersigned counsel and the entry of Petitioner as a pro se litigant was signed by Petitioner and filed with the Court on June 19, 2014 and properly served on opposing counsel. Although the undersigned counsel believes that the filing of the Joint Praecipe complies with the Rules of Procedure, as well as Pennsylvania Law recognizing the rights of a pro se litigant, the undersigned counsel nevertheless submits the following Petition: 1. Paige Macdonald-Matthes, Esquire and Obermayer Rebmann Maxwell &Hippel, LLP, are currently counsel of record for the Petitioner, Stacy Adler Sinith in the above-captioned matter. 2. Paige Macdonald-Matthes, Esquire and Obermayer Rebmann Maxwell &Hippel, LLP, were retained by Petitioner to represent her in the above-captioned matter. 3. Paige Macdonald-Matthes, Esquire and Obermayer Rebmann Ma.�vell &Hippel, LLP, have undertaken such representation but is now unable to continue to do so for the following reasons: a. Petitioner notified Paige Macdonald-Matthes, Esquire by einail dated June 15, 2014 that Paige Macdonald-Matthes, Esquire and Obermayer Rebmann Mczxwell &Hippel, LLP were being discharged and that Petitioner requested to represent herself,pro se, in the above captioned matter; and b. Other good cause for withdrawal exists. 2 4831678 4. Withdrawal is allowed under Rule 1.16(b) of the Rules of Professional Conduct. 5. Withdrawal is allowed under Pa.R.C.P. 1012(b)(2) as Petitioner has duly signed and filed her entry of appearance as a pro se litigant and Pennsylvania Law recognizes that pro se litigants have the right to represent themselves befare the courts of the Commonwealth of Pennsylvania. See Wells Fargo Bank, N.A. v. Shaw, 2012 Phila. CF Com. PL LEXIS 185. See also, First Union Mort�age, supra. 6. An advance copy of the within Petition was provided to Petitioner on June 19, 2014, six (6) days prior to filing the same with this Honorable Court. On June 20, 2014, Petitioner advised Paige Macdonald-Matthes, Esquire via email that she does not oppose the filing of the same. 7. The above captioned inatter is still in the discovery phase. Thus, permitting the undersigned counsel to withdraw at this time would neither unduly prejudice nor have a materially adverse affect on any party's interests. 8. The undersigned counsel has contacted Thomas Gacki, Esquire, counsel for Nataliia Tykhonova Adler on June 24, 2014 and provided him with a copy of the within Petition. Attorney Gacki has advised the undersigned counsel that he does oppose the within Petition. WHEREFORE, Paige Macdonald-Matthes, Esquire and Obermayer Rebmann Maxwell c� Hippel, LLP, respectfully requests Your Honorable Court to enter an order permitting, Paige Macdonald-Matthes, Esquire and Obermayer Rebmann Ma.�vell &Hippel, LLP, to withdraw as 3 4831678 ; counsel of recard for Petitioner, Stacy Adler Smith in the above-captioned matter. Respectfully submitted, OBERMAYER REBMANN MAXWELL & HIPPEL LLP Date: June 25, 2014 � cu.,c� �,R�..�..c�.�c�.�.1�L�-,,�,�,�,.�-��, Paige Macdonald-Matthes, Esquire (Pa. Attorney I.D. No. 66266) 200 Locust Street, Suite 400 Harrisburg, PA 17101 (717) 234-9730 Telephone (717) 234-9734 Facsimile pmm�i;obcl7nay�r.com 4 4831678 CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, certify that on this date I served a true and correct copy of the foregoing Petition to Withdraw as Counsel via electronic and first class U.S. mail addressed as follows: Thomas P. Gacki, Esq. Eckert Seamans Cherin & Mellott, LLC 213 Market Street 8t�, Floor Harrisburg, PA 17101 t ��cki(�i;eckertseanians.com Counsel for the Respondent Nataliia Tykhonova Adler Stacy Adler Smith 519 Castle Hall Road Mount Pleasant, SC 29464 p1�ePpyn�om 1(ccaol.com Pro Se Dated: June 25, 2014 �„� ,�,.�.��,.�� ,.�.t.c�� Paige Macdonald-Matthes, Esquire 5 4831678