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HomeMy WebLinkAbout07-09-04 IN RE: ESTATE OF ROBERT M. MUMMA, Deceased lN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA ORPHANS' COURT DIVISION NO. 21-86-398 PLAINTIFF'S ANSWER TO PETITION TO WITHDRAW I. Admitted in part and denied in part. Miller Lipsitt entered into a contract to provide legal services for several entities at agreed upon fixed fees. This agreement was entered into in October 2003. 2. Admitted. 3. Admitted in part and denied in part. Disputes arose over the reasonableness of Petitioner's efforts and capability to provide the services after Chadwick 0.. Bogar removed himself from the cases and attempted to "subcontract" the work to the other attorneys. 4. Admitted in part and denied in part. Plaintiff is unsure of Miller Lipsitt's poslion and the position of Kennedy Bogar, Chadwick O. Bogar and Bradley Schutjer. :. 5. Denied. 6. Denied. 7. Denied. Plaintiff's efforts will be severally impacted. NEW MATTER Plaintiff incorporates 1-7. 8. In late May 2004, Bradley Schutjer informed Plaintiff that James Miller of Miller Lipsitt had terminated both he and Bogar. 9. Plaintiff instructed that the files for his matters be kept in Plaintiff's offices, and demanded a list of all outstanding matters and the current status of the cases. 10. Plaintiff contacted James Miller who denied that he had terminated Schutjer or Bogar. That they had left his firm and he would not be able to provide the legal services without replacement help. 11. James Miller agreed that no monies were outstanding to Miller Lipsitt. 12. Petitioners Bogar and Schutjer are not acting on behalf of Miller Lipsitt. 13. Petitioner Bogar and Schutjer have determined that the legal services contract is a burden on them, and against the personal interests of Bogar. 14. Bogar is attempting to disrupt Plaintiff's cases because he had determined that he will personally benefit from this disruption. v~. : WHEREFORE, Plaintiff respectfully requests that the Petition be denied and that Miller Lipsitt be required to honor the legal services contract, and that Bogar and Schutjer cooperate in the effort to replace them as counsel. Respectfully Submitted, Robert M. Mumma, II 6880 SE Harbor Circle Stuart, FL 37996-1968 ~~-~~~ = IN RE: ESTATE OF ROBERT M. MUMMA, Deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-86-398 CERTIFICATE OF SERVICE AND NOW, this 8th day of July, 2004, 1 Robert M. Mumma, II hereby certifY that 1 this day served the within answer by depositing copies of same in the United States mail, postage prepaid, addressed as follows: Chadwick O. Bogar, Esq. P.O. Box 959 Camp Hill, PA 17001-0959 Ivo V. Otto, III, Esq. 10 East High Street Carlisle, PA 17013 Brady L. Green, Esq. 1701 Market Street Philadelphia, PA 19103 Robert M. Mumma, II ~-,~ , '"