PHILADELPHIA – The attorney for a plaintiff in a pending legal malpractice matter is withdrawing his appearance.
Matthew B. Weisberg of Weisberg Law in Morton, filed his withdrawal petition with the Philadelphia County Court of Common Pleas on Aug. 6, citing “professional considerations” that prevented him from continuing to represent the legal interests of his client, Marie Reimer of West Conshohocken.
Weisberg added should the Court find it necessary, he could only detail the reasons for terminating his representation in an “off-the-record, ex parte conference.”
A hearing in this matter was set for Thursday at Philadelphia City Hall, in Court chambers.
Reimer’s July complaint alleged negligent representation during divorce and estate proceedings on the part of the defendants, attorney Craig Kellerman and his firm, Kellerman & Connelly, of Norristown. Reimer alleges the defendants failed to protect and preserve her rights, resulting in an inequitable distribution of her marital estate.
Reimer filed for divorce from her former husband Bruce G. Brennan on Sept. 8, 2011, and signed a consent decree on Jan. 6, 2012. Before the decree could be entered, Brennan passed away on Jan. 22, 2012 – turning the matter into an estate case.
Brennan’s mother and brother, Dolores Brennan and Thomas Brennan, were named co-administrators of his estate. On Feb. 10, 2012, a court instituted a freeze on the late Brennan’s assets.
The following May, the defendants told Reimer to sign an authorization form directing the liquidation and distribution of funds from Brennan’s 401K plan. Reimer claimed she only signed the form under duress and threat of contempt of court, which she noted on the form.
This allegedly led to Reimer being asked to later sign a second authorization form for the same purpose. Again, Reimer claimed she was threatened with court punishment and arrest if she did not sign the form, and did so, under duress once again, she claims.
Reimer asserts this left her to “bear the sole tax burden” and receive an unequal amount of marital assets, with the majority of Brennan’s estate going to his mother Dolores and brother Thomas.
Moreover, Reimer stated the defendants pledged to assist her in selling her marital residence. However, Reimer alleged the defendants never listed the home for sale, leading her to pay a mortgage and taxes on a home not officially put on the market.
According to the lawsuit, Reimer terminated the defendants’ representation on May 22, 2012, and obtained new counsel.
The plaintiff is seeking a sum in excess of $50,000, plus punitive damages, interest, costs and other relief.
The defendants are representing themselves in this action.
Philadelphia County Court of Common Pleas case 131203145
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com