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Home My WebLink About03-19-10> r !1 -. ,_ ? f~ ~ ;' Jeffrey R. Boswell, Esquire Supreme Court I.D. #25444 BOSWELL, TINTNER 8~ PICCOLA 315 North Front Street P. O. Box 741 Harrisburg, Pennsylvania 17108-0741 Phone (717-236-9377) Fax (717-236-9316) E-mail (iboswellCa~btpalaw.com) 2~~~ ~P 19 P~ ~ ~ 58 1 r 5i IN RE: : IN THE COURT OF COMMON PLEAS ESTATE OF LINWOOD B. :CUMBERLAND COUNTY, PENNSYLVANIA PHILLIPS, JR. NO.21-06-0122 ORPHANS' COURT DIVISION MOTION TO WITHDRAW AND NOW come Jeffrey R. Boswell, and Boswell, Tintner & Piccola (hereinafter referred to as "Counsel"), who file this motion to withdraw as counsel to Harvey H. Shapiro, Claimant and in support of said motion aver, as follows: 1. On or about August 25, 2009, Counsel was retained with regard to a claim that Harvey H. Shapiro had filed against the Estate of Linwood B. Phillips, Jr. 2. On September 17, 2009, Counsel filed his Praecipe for Appearance, on behalf of Harvey H. Shapiro, Claimant. 3. Counsel prepared Claimant's Answer and Objections to Petition for Citation to Show Cause Why Claim of Harvey Shapiro Should Not Be Dismissed, filed on September 17, 2009. 4. Counsel represented the Claimant in a hearing that was held before the Honorable C. Joseph Rehkamp, on November 9, 2009. 5. Counsel is not aware of any written Order issued by Judge Rehkamp with regard to the claim made by Harvey H. Shapiro. 6. On December 9, 2009, Counsel received a letter, dated December 7, 2009, from Harvey H. Shapiro, which stated "Immediately stop and cease all representation of me or my case. You are dismissed as my attorney," which letter is attached and incorporated as Exhibit "A." 7. On December 9, 2009, counsel received a Notice of Appeal to the Superior Court of Pennsylvania, dated December 8, 2009, executed by Harvey H. Shapiro, pro se, which notice is attached and incorporated as Exhibit "B." 8. On January 4, 2010, Counsel received a Praecipe of Discontinuation, dated December 30, 2009, by Harvey H. Shapiro, pro se, discontinuing his appeal to the Superior Court of Pennsylvania, filed by Harvey H. Shapiro, pro se. 9. On February 16, 2010, Counsel received a letter from Harvey H. Shapiro, dated February 11, 2010, requesting Counsel to forgive the balance of attorneys fees unpaid. 10. Counsel agrees to forgive his claim for remaining attorneys fees unpaid. WHEREFORE, Jeffrey R. Boswell, Esquire, and Boswell, Tintner & Piccola, respectfully request this Honorable Court's permission to withdraw as counsel for Harvey H. Shapiro, Claimant. Respectfully submitted, BOSWELL, TINTNER & PICCOLA By: Jeffrey .Boswell, Esquire I.D. No. 25444 315 N. Front Street P. O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Harvey H. Shapiro, Claimant Date: March 19, 2010 CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Motion to Withdraw by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: George B. Faller, Jr., Esquire Martson Deardorff Williams Otto Gilroy & Faller Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorneys for the Executor and the Estate of Linwood 8. Phillips, Jr. Hubert X. Gilroy, Esquire Martson Deardorff Williams Otto Gilroy & Faller Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorney for Linda Stull Neil W. Yahn, Esquire James Smith Dietterick & Connelly, LLP P. O. Box 650 Hershey, PA 17036 Attorneys for Alice R. Phillips Robert G. Frey, Esquire 5 S. Hanover Street Carlisle, PA 17013-3307 Executor of the Estate of Linwood 8. Phillips, Jr. Harvey H. Shapiro, M.D. 8 Oak Lane Dr. Carlisle, PA 17015 pro se By: Je y R. Boswell, Esquire Dated: March 19, 2010 Harvey H. Shapiro, M. D. 8 Oak Lane Dr. Carlisle PA 17015 ]effrey Boswell, Esq. Harrisburg December 7, 2009 Dear Attorney Boswell: by email and U.S. mail Imr»ediate/v stop and cease all representation of me or my case. You are dismissed as my attorney. Yours truly, ~~~~ Harvey H. Shapiro EXHIBIT . ;, Kt {~., ~ ~~ IN RE: IN THE COURT OF COMMON PLEAS OF ESTATE OF CUMBERLAND COUNTY, PENNSYLVANIA .. j'~J LINWOOD B. PHILLIPS, JR., ~ ~~ ~~~ l~ Deceased No. 2~86~8~~ ~ /~ ~' ~ ORPHANS' COURT DIVISION NOTICE OF APPEAL Notice is hereby given this eighth day of December, 2009, that I, Harvey H. Shapiro, claimant in the above matter, hereby appeal to the Superior Court of Pennsylvania from the decision given on November 9, 2009 from the bench by The Honorable C. Joseph Rehkamp, Specially Presiding. Judge Rehkamp has not yet issued the written order. ~' Harvey hapiro, pro se December 8, 2009 cc: The Honorable C. Joseph Rehkamp, SP Jeffrey R. Boswell, Esquire Mandy Cortes, Court Reporter George B. Faller, Jr., Esquire Robert G. Frey, Esquire Hubert X. Gilroy, Esquire Neil W. Yahn, Esquire EXHIBIT lr ~ C~ OM J ,•. PROOF OF SERVICE I hereb certify that I am this day, December 8, 2009, serving true and correct Y co ies of the within Notice of Appeal, and of this Proof of Service, upon the pers f s P indicated below, which service satisfies the requirements of Pennsylvania Rules o a e A ellate Procedure, by placing the copies in the United States mail, first class, post g pp prepaid, in Cumberland County, Pennsylvania. The Honorable C. Joseph Rehkamp, SP, courtesy copies Courthouse Cumberland County Courthouse Perry County 1 South Court House Avenue 25 West Main Street Carlisle, PA 17013-3301 New Bloomfield PA 17068 F,%Jeffrey R. Boswell, Esquire Y Boswell, Tinter & Piccola 315 North Front Street PO Box 741 Harrisburg PA 17108 Mandy Comes, Court Reporter Cumberland County Courthouse 1 South Court House Avenue Carlisle, PA 17013-3301 George 6. Faller, )r., Esquire Manson Deardorff Williams Otto Gilroy and Faller 10 East High Street Carlisle PA 17013 Robert G. Frey, Esquire 5 South Hanover Street Carlisle PA 17013 Hubert X. Gilroy, Esquire Manson Deardorff Williams Otto Gilroy and .Faller 10 East High Street Carlisle PA 17013 Neil W. Yahn, Esquire James Sm'rth Dietterick & Connelly P.O. Box 650 Hershey, PA 17036 ~. /~ LAG ~ ~ ~ __ ~' By: H y H. Shapiro, pro se December 8, 2009