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Home My WebLink About04-02-08 ~g co -0 'T' -r: ("') t;;7J<<;> r- c-~7m ..-= ::n ZCf)^ C"JGO nu-n 0<= : ::u -0"'" :Po Harry L. Bricker, Jr., Esquire 407 North Front Street Harrisburg, PA 17101 Telephone - (717) 233-2555 E-mail -HLBLAW@verizon.net IN RE: ~ e:> c::;:) c:a J> -0 :;;:0 I rv -0 :J:: - .. o '" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF WILLIAM R. MARIETTA, ORPHANS' COURT DIVISION DECEASED ESTATE NO. 2008-00045 PETITION 1. Your Petitioner is Harry L. Bricker, Jr., an adult individual and a practicing attorney whose offices are located at 407 North Front Street, Harrisburg, Pennsylvania 17101. 2. On March 20, 1995, your Petitioner prepared a Last Will and Testament for the above captioned individual, William R. Marietta. Thereafter, on January 2, 2008, the above captioned individual, William R. Marietta, died, and on January 14, 2008, the Last Will and Testament was probated in the Office of the Register of Wills, Cumberland County, Pennsylvania. ~, '-c~ " _c _'c, ;':~~l 0")0 -','I C6 3. The personal representative named in the Last Will and Testament who was appointed as such on the date of probate is Morgan B. Marietta whose address is 132 Nichols Street, Lewiston, Maine 04240-6015. 4. Thereafter, your Petitioner met with the personal representative and his brother, Martin H. Marietta, and in discussing the matters involving the estate and certain problems associated therewith, the personal representative, Morgan B. Marietta, discharged your Petitioner by means of his letter dated January 28,2008; a copy of which is attached hereto, made a part hereof and marked Exhibit A. 5. Thereafter, and on February 16, 2008, your Petitioner mailed by means of United States Certified Mail all of the documentation which he had received as the Attorney for the personal representative to the personal representative. A photocopy of the front of the envelope in question is attached hereto, made a part hereof and marked Exhibit B. As is stated on the envelope, it would appear that three attempts were made to deliver the envelope in question, but no delivery was made nor did the addressee appear at the United States Post Office to pick up the envelope and consequently, the envelope was returned to your Petitioner. 6. Thereafter, your Petitioner was again contacted by thE3 personal representative, Morgan B. Marietta, and on March 18, 2008, the envelope was again mailed to the personal representative by United States Certified Mail. A copy of the green return receipt card signed by the personal representative is attached hereto, made a part hereof and marked Exhibit C. 2 I 7. Your Petitioner is of the opinion first by reason of the letter of discharge dated January 28, 2008 and secondly by reason of the acceptance of the documentation send the second time, your Petitioner can no longer represent the interests of the personal representative. WHEREFORE, your Petitioner respectfully prays your Honorable Court to issue a Rule upon the said Morgan B. Marietta to show cause, if any there be, why the Court should not authorize your Petitioner, Harry L. Bricker, Jr., to withdraw as counsel in the above-captioned proceeding. Respectfully submitted, ..,-;> ~ ,..7 <:...... . --- ...2' .~.. . c..~,.~~='""::>, \ . <.... ..- ~ . . . ....-. 4... _...,__._ .....>c." Harry L. .,Sfleker;'Jr:.;-.Esquire 407 No~h Front Street Harrisburg, PA 17101 Telephone - (717) 233-25551 E-mail -HLBLAW@verizon.net Attorney 1.0. No. - 07049 Date: 04/01/08 3 VERI FICA liON I, Harry L. Bricker, Jr., hereby verify that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein subject me to the penalties of 18 Pa.C.S.A. ~ 4904, relating to unsworn falsification to authorities. 04/01/08 Date """ '\ 's .' ". ...".1........ ". ~) , . ..-...... (-.....- -=:?- \ .'"> . <............ JF......':::. .:0> .~. _. q~ .__."7~---.. ,,_ _-~,.-~"~ Harry L~Ker,'J .' . IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF WILLIAM R. MARIETTA, ORPHANS' COURT DIVISION DECEASED ESTATE NO. 2008-00045 CERTIFICATE OF SERVICE I hereby certify that on this day of , 2008, a true and correct copy of the attached Petition was mailed by U.S. First Class Mail, postage prepaid, and by U.S. Certified Mail, Return Receipt Requested, at Harrisburg, Pennsylvania, to: Morgan B. Marietta 132 Nichols Street Lewiston, ME 04240-6015 Harry L. Bricker, Jr., Esquire I BateL I College Department of Politics January 28, 2008 Harry L. Bricker 407 North Front Street Harrisburg, PA 17101 Dear Mr. Bricker, It is with deep regret that I discharge you as the attorney representing the estate of my father. I appreciate all that you have done to date on our behalf. Please be advised that I have retained a new attorney to resolve any outstanding issues relative to my father's estate and I would greatly appreciate it if you would please make the file and records for my father's estate available immediately for my brother, Martin Marietta, to pick up at your office, including the original copies of the will, quit-claim, documents for the estate account and EIN. Please create an itemized bill for any outstanding fees for the work already completed. Thanking you advance for your cooperation, /1/'17.1"1 fiI#Y~ Morgan Marietta 4 Andrews Road Lewiston, Maine 04240-6050 207786-8295 FAX 207 786-8333 EXHIBIT lA ~*'""""~'!'i!\' ~ "",,,._^~~,.~,.""""'",",J'~i!1;"'~,~~~"m""~'l"""""''''''''':.~'''''''''' ..' ':'7! ".,~ ",~1'i:~:,;"'~.',i'~:~~~':~_,I'"",~,, ",,-'''::~ll'!vr'P.~,.-,:. ":':rl:~-',F" ,;,~;",~_."i'" ':. '-, ' "._"\,:c~'':"'''' -', ' ' "i~ ": ' . Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. I 1. Article Addressed to: I , : '('\II, mO{5Q", 'b. 1('i\G.{IL-\'''Io.... I \'S"d 1'l\Cy,o\~ S-Wtt.\ /' : LtW\~) XY\c o'-\aI...\O-IoDI'o I ,.... I ~:'==-- ,\ J))! D'Hmm ~R11 l'~h,,,"1V 2004 >>~".~ ~~(J:~ ~~ ~3~I)JI,. -l o r....s: (l) W.., :e N' -. 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Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 1\\'1 . i.'\\:,,'\"" b ('(\(j',C\\o.. \ ~ a N \c..ha \ s s--\( Q~ Le W\:::-,--\00) mE DL\(}--\O -laO\ S 2. Artl (TIC PS Fe 3. Se~ Type lQ"""eertlfied Mail o Registered o Insured Mail '>:::.... o Express Mall o Return Receipt for Merchandise o C.O.D. 4. . Restricted Delivery? (Extra Fee) Dyes 102595-02-M-1540