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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE:
Estate of Rosalie S. Armento, Deceased
No. 07-00870
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PETITION FOR COURT APPROVAL
TO WITHDRAW AS COUNSEL FOR
THE ESTATE OF ROSALIE S. ARMENTO
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AND NOW, COMES The Law Offices of Peter J. Russo, P.C., attorneys for the
Estate of Rosalie S. Armento and Executor, David Armento, (hereinafter "Counsel") and
files this Petition for Court Approval to Withdraw, and in support thereof, states the
following:
1. Counsel was retained by David Armento who currently resides at 714
Range End Road, Dillsburg, PA 17055, on or about August 6, 2007.
2. At the request of David Armento, counsel drafted a letter to Mr. Armento's
brother to ask for him to voluntarily withdraw as co-executor so that David Armento
could be the sole Executor of the Estate of Rosalie S. Armento _
3. After failed attempts to contact the co-executor, Counsel filed a Petition to
Appoint David Armento Executor on or around September 24, 2007.
4. On or around October 24, 2007 Counsel filed signed Renunciations by
Frederick Richard Armento and Rosalie S. Armento, David Armento's other siblings and
the decedent's children.
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5. On or around October 31, 2007 Counsel filed an Amended Petition to
Appoint Executor to include the renunciations as exhibits which were previously filed on
October 24, 2007.
6. On or around November 5, 2007, the Cumberland County Register of
Wills, Glenda Farner issued a citation upon Ralph Armento, Fredrick Armento and
Rosanne Fox to show cause why they should not be deemed unwilling or unable to
serve as Co-Executors or Substitute Co-Executrix and grant Letters of Administration
c.t.a to David Armento.
7. On or around November 28, 2007, Cumberland County Register of Wills,
Glenda Farner issued a Decree that Letters of Administration shall be issued to David
Armento.
8. On or around January 7, 2008 Counsel prepared and filed a Petition for
Probate and Grant of Letters and the Estate Information Sheet.
9. Counsel continued to represent the Estate of Rosalie Armento and collect
the necessary information to file the Revenue 1500 and close the pending estate.
10. Counsel has tried to contact David Armento numerous times requesting
documents for the Revenue 1500 and David Armento has failed to respond.
11. Counsel is unable to finalize the estate or Revenue 1500 without the
information requested.
12. Despite number of letters to David Armento disclosing the need to
withdraw from the case in the event he fails to contact Counsel's office, David Armento
continues to be recalcitrant and willingly disregard Counsel's requests.
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13. The attorney client relationship has broken down to the point where
Counsel is unable to continue to represent David Armento as the Executor of the Estate
of Rosalie S. Armento.
WHEREFORE, the Law Offices of Peter J. Russo, P.C. respectfully requests this
Honorable Court to grant its Petition to Withdraw as Counsel for the Estate of Rosalie S.
Armento in the above-captioned matter.
Date: ~(Za ~
LAW OFFICES OF PETER J. RUSSO, P.C.
Petitioners
Peter J. Russo, Esquire
I D No. 72897
Elizabeth J. Saylor, Esquire
ID No. 200139
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
PH: 717-591-1755
FX: 717-591-1756
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
No. 07-00870
Estate of Rosalie S. Armento, Deceased
CERTIFICATE OF SERVICE
I, Ashley R. Sipe, hereby certify that I am on 'this day serving a copy of the
attached Petition upon the person(s) and in the manner indicated below:
David Armento
714 Range End Road
Dillsburg, PA 17019
s ey Sipe, Par legal
Date: CD ~0~4 ~~~'