HomeMy WebLinkAbout05-07-08
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Harry L. Bricker, Jr., Esquire
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407 North Front Street ~'
Harrisburg, PA 17101
Telephone - (717) 233-2555
E-mail - HLBLAW@verizon.net
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
MOTION
AND NOW, comes your Petitioner, Harry L. Bricker, Jr., Esquire, who moves as
follows:
1. On April 2, 2008, your Petitioner presented a Petition and a Rule to Show
Cause to your Honorable Court concerning the above captioned matter. The Petition
requested that a Rule be granted to show cause why the said Harry L. Bricker, Jr. should
not be permitted to withdraw as counsel in the above proceeding.
2. The Order of Court and Rule were issued on April 3, 2008 by the Honorable
J. Wesley Oler, Jr. Said Rule was returnable fourteen (14) days after service.
3. On April 4, 2008, your Petitioner mailed by means of United States Certified
Mail, Return Receipt Requested and by means of United States First Class Mail a true and
correct clocked in copy of a Petition and Rule to Show Cause dated April 1, 2008
concerning the above-captioned estate to the Personal Representative, Morgan B.
Marietta, at his last known address.
4. Thereafter, the envelope sent United States Certified Mail, Return Receipt
Requested and the envelope sent United States First Class Mail have been returned to this
office marked "Moved Left No Address, Unable To Forward, Return To Sender".
5. On April 7, 2008, your Petitioner contacted Bates College in Lewiston, Maine,
the place of employment for Mr. Marietta, and spoke to an individual who confirmed that
Mr. Marietta was a Professor at that Institution. Thereafter, and also on April 7, 2008, your
Petitioner mailed by means of United States First Class Mail the original envelope
previously mailed to his home address by United States First Class Mail containing the
clocked in Petition, to his place of employment, Bates College.
6. As of this date, the envelope sent United States First Class Mail to the
Personal Representative, Morgan B. Marietta, to his place of employment, Bates College,
has not been returned to this office.
7. The Order of Court dated April 3, 2008 issued by the Honorable J. Wesley
Oler, Jr. was mailed by the Clerk of the Orphans' Court to Mr. Marietta on April 3, 2008.
8. More than fourteen (14) days have now elapsed since the mailing of said
correspondence and no response has been received by your Petitioner.
2
9. Attached to this Motion is an Affidavit of Service prepared by your Petitioner;
which Affidavit contains various Exhibits.
WHEREFORE, your Petitioner respectfully prays your Honorable Court to direct that
said Rule be made Absolute and that your Petitioner be permitted to withdraw as counsel
as initially requested.
Respectfully submitted,
...._
__._
Hwy "`~k , Jr., Esquire
407 North Front Street
Harrisburg, PA 17101
Telephone - (717) 233-2555
E-mail - HLBLAW@verizon.net
Attorney I.D. No. - 07049
Date: 05/05/08
3
VERIFICATION
I, Harry L. Bricker, Jr., hereby verify that the facts set forth in the foregoing Motion
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.
___ .
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05/05/08 __., _ __.__ r. ~-.= ~~~..
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Date Har ~$~te-fc~, Jr.
4
IN RE:
ESTATE OF WILLIAM R. MARIETTA,
DECEASED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE NO. 2008-00045
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF DAUPHIN )
SS:
AFFIDAVIT OF SERVICE
Personally appeared before me, a Notary of Public, in and for said Commonwealth
and County, HARRY L. BRICKER, JR., who being duly sworn according to law deposes
and says that:
1. I am Harry L. Bricker, Jr., an adult individual and an attorney with offices
located at 407 North Front Street, Harrisburg, Pennsylvania 17101. My appearance as
attorney is entered in the above captioned matter.
2. On April 4, 2008, I mailed by means of United States Certified Mail, Return
Receipt Requested and by means of United States First Class Mail a true and correct
clocked in copy of a Petition and a Rule to Show Cause, which Rule was dated April 1,
2008, and which Rule concerned the above-captioned estate. The mailing was to the
Personal Representative, Morgan B. Marietta, at his last known address. A photocopy of
the above referred correspondence from this office dated April 4, 2008 is attached hereto,
made a part hereof and marked Exhibit A.
3. Thereafter, the envelope sent United States Certified Mail, Return Receipt
Requested and the envelope sent United States First Class Mail have been returned to this
office marked "Moved Left No Address, Unable To Forward, Return To Sender". A
photocopy of the front of the envelope sent United States Certified Mail, Return Receipt
Requested is attached hereto, made a part hereof and marked Exhibit B. A photocopy of
the front of the envelope sent United States First Class Mail is attached hereto, made a
part hereof and marked Exhibit C.
4. On April 7, 2008, I contacted Bates College in Lewiston, Maine, the place of
employment for Mr. Marietta, and spoke to an individual who confirmed that Mr. Marietta
was a Professor at that Institution. Thereafter, and also on April 7, 2008, I mailed by
means of United States First Class Mail the original envelope previously mailed to his
home address by United States First Class Mail containing the clocked in Petition and Rule
to Show Cause, to his place of employment, Bates College. A photocopy of that
correspondence is attached hereto, made a part hereof and marked Exhibit D.
5. As of this dictation, the envelope sent United States First Class Mail to the
Personal Representative, Morgan B. Marietta, to his place of employment, Bates College,
has not been returned to this office nor have we received any other communication from
the said Morgan B. Marietta.
6. The Order of Court dated April 3, 2008 issued by the Honorable J. Wesley
Oler, Jr. showing the Rule to be returnable 14 days from service was mailed by the Clerk
of the Orphans' Court to the said Morgan B. Marietta on April 3, 2008.
2
I hereby verify that the facts set forth in the foregoing Affidavit of Service 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.
05/05/08
Date
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
`f'r'
On this ~~ day of ~ , A.D., 2008, before me,
a Notary Public, in and for said Comm wealth and County, the under-signed official,
personally appeared HARRY L. BRICKER, JR., known to me to be the person whose
name is subscribed to the attached or foregoing instrument, and acknowledges that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
otary Public
My commission expires: 10/12/2011
(Seal)
COMMONWEALTH OF PENN YLVANIA
Notarial Seal
Brandi L. Drake, Notary Public
Swatara Twp., Dauptdn county
My commission Expires Oct 12, 2011
__
..._.
3 Member, Pennsylvania Association of Notaries
HARRY L. BRICKER, JR.
ATTORNEY AT LAW
407 NORTH FRONT STREET
HARRISBURG, PENNSYLVANIA AREA CODE 717
17101-1296 233-2555
E-MAIL - HLBLAW@VERIZON.NET
FAX 233-8555
April 4, 2008
SENT CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND UNITED STATES FIRST CLASS MAIL
Mr. Morgan B. Marietta
132 Nichols Street
Lewiston, ME 04240-6015
Re: Estate of William R. Marietta, Deceased
Social Security No. - 423-28-2126
Date of Death -January 2, 2008
Estate No. - 2008-00045
Tax I.D. No. - 30-6151391
Dear Mr. Marietta:
Enclosed is a Petition to which is attached various documents concerning the
above-captioned matter.
Very truly yours,
Harry L. Bricker, Jr.
HLB, Jr./bld
Enclosure
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EXHIBIT
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HARRY L. BRICKER, JIt.
ATTORNEY AT LAW
407 NORTH FRONT STREET
HARRISBURG, PENNSYLVANIA AREA CODE 717
17101-1296 233-zsss
E-MAIL - HLBLAW@VERIZON.NET
FAX 233-8555
April 7, 2008
Bates College
ATTN: Morgan B. Marietta
4 Andrews Road
Lewiston, ME 04240-6050
Re: Estate of William R. Marietta, Deceased
Social Security No. - 423-28-2126
Date of Death -January 2, 2008
Estate No. - 2008-00045
Tax I.D. No. - 30-6151391
Dear Mr. Marietta:
Enclosed is an envelope containing documentation foryour review addressed to you
at 132 Nichols Street, Lewiston, ME 04240-6015; the envelope was returned to this office.
We are sending this information to you at your place of employment.
Very truly yours,
Harry L. Bricker, Jr.
HLB, Jr./bld
Enclosures
e~
I N RE:
ESTATE OF WILLIAM R. MARIETTA,
DECEASED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE NO. 2008-00045
CERTIFICATE OF SERVICE
I hereby certify that on this day of , 2008, a
true and correct copy of the attached Motion 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
c/o Bates College
4 Andrews Road
Lewiston, ME 04240-6050
Harry L. Bricker, Jr., Esquire