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HomeMy WebLinkAbout06-15-07 .- ';,: n i] 7 .J U \J I 5 F f) 3: 0 I IN RE: ESTATE OF COLLEEN M. NICHOLSON I-:::r : REGISTER OF WILLS OF: 1\'" ';", : CUMBERLAND COUNTY~ PENNSYLVANIA : NO. 2005 - 729 MOTION TO WITHDRAW APPEARANCE AND NOW COMES, Jane Adams, Esquire, and respectfully represents the following: 1. Jane Adams, Esquire (hereinafter referred to as "Counsel") is currently representing Amanda Nicholson, Executrix, (hereinafter "Executrix"), in the above-referenced matter. 2. Counsel believes that the Executrix's current address is 154B West Penn S1., 'Carlisle, Pa., 17013. 3. James C. Nicholson, a beneficiary of the estate~ is represented by Christopher Rice, Esquire. 4. This matter was previously ruled upon by Judge Oler. 5. Counsel has repeatedly attempted to contact the Executrix, by regular mail and telephone. 6. For the past several months, Counsel has left voice mail messages for the Executrix, which have not been returned. 7. Counsel has sent the Executrix regular mail, and the regular mail was accepted and was not refused or returned by the post office; however the Executrix did not contact counsel. 8. Counsel has also gone to the Executrix's residence in an attempt to leave a message or contact her, to no avail. 9. Counsel does not believe she can adequately represent the Executrix if she is unable to contact her. 10. The Executrix has not honored her fee agreement with Counsel. ttr . 11. Counsel was able to prepare and file the Inheritance taxes without assistance of the Executrix; these taxes were accepted by the Department of Revenue; therefore, this issue is not outstanding. 12. The Beneficiary's Counsel, Christopher Rice, was contacted regarding this matter, and he has indicated that he would not oppose Counsel's request to withdraw. WHEREFORE, Jane Adams, Esquire requests that this Honorable Court issue a rule to show cause and permit her to withdraw her appearance from the above-captioned matter. Respectfully Submitted, Date: 0(?/IOI By: Jane Ad I.D.No. 64 South itt St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR EXECUTRIX << CERTIFICATE OF SERVICE AND NOW, thisIJiaay of June, 2007, I, Jane Adams, Attorney for Defendant, hereby certify that a copy of this MOTION has been duly served upon the Plaintiffs counsel by placing such in the custody of the United States Postal Service, via first class mail, postage pre-paid addressed to: Christopher Rice, Esquire 10 E. High St. Carlisle, Pa. 17013 ATTORNEY FOR JAMES C. NICHOLSON Amanda Nicholson 154 B. West Penn St., Carlisle, Pa. 17013 EXECUTRIX e Adams, squire .D. No. 79465 64 South Pitt 81. Carlisle, Pa. 17013 (717) 245-8508 A TTORNEY FOR EXECUTRIX