HomeMy WebLinkAbout02-12-09iN RE: : IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLV~iIA
ESTATE OF :ORPHANS' COURT DI'VISIOI~?n ~ _
EDITH A. RILAND, ~ r, c~:,
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Deceased. :FILE N0.2007-00308 ~ ' ~ ~~
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PETITION TO WITHDRAW - ~ -o
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AS COUNSEL OF RECORD - >:_ ,. ' `'
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AND NOW comes Gates, Halbruner & Hatch, P.C., (hereinafter the "Petitioner"), and
requests that this Honorable Court release Gates, Halbruner & Hatch, P.C., as counsel of record for
Cindy S. Hoke, Executrix of the Estate of Edith A. Riland, and in support thereof avers the
following:
1. Craig A. Hatch, Esquire, of Gates, Halbruner & Hatch, P.C., met with Cindy S.
Hoke on March 12, 2007, to review the administration of the estate of'.her late mother, Edith A.
Riland, who died on February 19, 2007.
2. On March 15, 2007, the Petitioner mailed Cindy S. Hoke a letter of representation
and probate documents for her appointment as Executrix of the Estate of Edith A. Riland.
3. Cindy S. Hoke did not countersign and return the letter o F representation.
4. On March 29, 2007, the Cumberland County Register of Wills issue Letters
Testamentary to Cindy S. Hoke as Executrix (hereinafter the "Executrix''') of the Estate of Edith A.
Riland (hereinafter the "Decedent's Estate).
5. The Petitioner prepared Notices of Estate Administration. and filed the
Certification of Notice Under Rule 5.6(a), published notice of the estate in the Cumberland Law
Journal and the Patriot-News, and sent the required notice to the Department of Public Welfare on
behalf of the Executrix.
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6. Creditor claims have been filed against the Decedent's Estate and the Petitioner
has received notice of the claims and has forwarded the notices to the Executrix.
7. The Petitioner attempted to contact the Executrix in writing .at her last-known address
of 784 Lancaster Avenue, Enola, Pennsylvania 17025, on the following dates: April 23, 2007, May
14, 2007, May 23, 2007, July 5, 2007, August 8, 2007, August 13, 2007, September 19, 2007,
January 7, 2008, May 9, 2008, and June 30, 2008, without receiving; any response from the
Executrix.
8. The Petitioner has attempted to contact the Executrix by telephone and all
phone numbers provided by the Executrix are not longer valid.
9. The Petitioner has not received any communication, either written or verbal, from
the Executrix since the initial client meeting on March 12, 2007.
10. The :Petitioner is currently owed legal fees and is unable to represent the Estate
or aid in the administration of the Estate.
WHEREFORE, Petitioner respectfully requests that the Court issue a rule upon the
Executrix, Cindy S. Hoke, to show cause why the this Court should not grant the Petitioner's request
to withdraw as counsel of record.
Dated: February ~_, 2009
Respectfully,
GATES, HALBRUNER & HATCH, P.C.
G~
Sarah E. McCarron., Esquire
Atty. 1D #91102
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
E-mail: S.McCar-roll(~~GatcsLawFinm.com
(Attorneys for Estate)