Loading...
HomeMy WebLinkAbout01-10-11IN RE: ESTATE OF JOHN H. TOOMEY, Deceased - ~--a ~ 3'W: =-~ ; ~ :~ ~-y 'C~i.C ) '--ry ~ "`~ _ F)~_ _ `-. --i ~ L~ Q rr IN THE COURT OF COMMON PLUS ORPHANS' COURT DIVISION, OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2006-01044 PETITION FOR LEAVE TO WITHDRAW AS COUNSEL TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Snelbaker & Brenneman, P. C., and respectfully represents as follows: 1. The Petitioner herein is Snelbaker & Brenneman, P. C., a professional corporation of attorneys having its office at 44 West Main Street, Mechanicsburg, PA 17055. 2. John H. Toomey (hereinafter called "Decedent") died testate on November 8, 2006, in Cumberland County, Pennsylvania. 3. Decedent's Will was duly probated on November 28, 2006 in the Office of the Register of Wills of Cumberland County, PA. Letters Testamentary were issued on the same date to Ronald Lee Toomey (hereinafter called "Respondent') whose last known address is 904 16`" Street, New Cumberland, PA 17070. 4. Respondent engaged Petitioner to represent his interests with regard to the administration of Decedent's estate. 5. Petitioner has entered its appearance as counsel to Respondent and Estate. 6. Petitioner provided all necessary services to Respondent and the Estate to the time for LAw o~icES I I making final distribution, at which latter time, Respondent ceased communicating with SNELBAKER 8C BRENNEMAN, P.C. Petitioner. 7. On or about January 3, 2011, the Clerk of Your Honorable Court sent "Notice of Failure to File Status Report" to Petitioner and presumably to Respondent. 8. Because of Respondent's failure to communicate with Petitioner, Petitioner was unable to respond to said Notice in any meaningful manner, although a status report is in fact being filed contemporaneously herewith. 9. On January 5, 2011, Petitioner communicated with Respondent by letter, a true copy of which is attached hereto marked "Exhibit A" and incorporated by reference thereto, requesting Respondent's contact with Petitioner in order to make a meaningful response to the Clerk's notice cited in paragraph 7 above. 10. Respondent has not contacted the Petitioner in response to the request of January 5, 2011, or for any other reason. 11. Respondent has failed and refused to respond to Petitioner's requests for information in order to complete its professional services. 12. Without Respondent's cooperation and communication, Petitioner cannot perform any further services to Respondent or the Estate and requests leave to withdraw as counsel of record in said Estate and as attorney for Respondent. WHEREFORE, Petitioner respectfully requests your Honorable Court to grant it leave to withdraw as counsel to the Decedent's estate and as attorney for Respondent. SNELBAKER & BRENNEMAN, P. C. By: Rich d C. Snelbaker, Esquire 44 W. Main Street Mechanicsburg, PA 17055 '~"' °FF~CES (717) 697-8528 SNELBAKER EC BRENNEMAN, P.c. Date: January 11, 2011 Petitioner -2- VERIFICATION COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND SS. Richard C. Snelbaker, Esquire, being duly sworn according to law, deposes and says: that he is a principal in Petitioner's professional corporation and is authorized to make this verification on said Petitioner's behalf; and that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, informatio and belief. Ric and C. Snelbaker Sworn to and subscribed before me this 11 ~' day of January, 2011. Notary Public OOMMO 711 F P - Nb VA Nofairal Seal Susan L Matrazi, No~ry Public t1Aad~aniceasg Baro, Gntbedand Oourriy My t~nnrnission E~ires Nw. 24, 2011 LAW OFFICES SNELBAKER EC BRENNEMAN, F.C. RICHARD C. SNELBAKER KEITH O. BRENNEMAN SNELBAKER ~ BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 7I7-697-8528 January 5, 2011 Ronald L. Toomey 904 16th Street New Cumberland, PA 17070 Re: Estate of John H. Toomey Dear Mr. Toomey: P. O. BOX 318 FACSIMILE (717) 697-7681 Today, we received the enclosed notice from the Register of Wills demanding the filing of the required Status Report within (10) ten days from January 3, 2011. I also enclose a copy of my letter to you dated October 27, 2010. We assume from the above referenced notice that you ignored the October 27th letter. If you want our assistance in this matter, you will need to contact the undersigned no later than noon on Monday, January 10, 2011. Should you fail to communicate with us, we will file a response with the Register of Wills concerning yotiu lack of cooperation and failure to communicate. V r truly yo , Richard C. Snelbaker RCSaks Enclosures EXIiIBIT ~ i~ ~s ~~ ; J -=1r~;~ ~F tL ~ J C P_.~..~~ CLER~i OF 4pP;-~AI~'S C,C~~_~FT GU~~~~Ef~I..~~v ~C) ~:~;:;.. PP. ORPHANS' COURT DNISION COURT OF COMMON PLEAS OF In Re: Estate of CUMBERLAND COUNTY TOOMEY JOHN H PENNSYLVANIA NO. 2006-01044 NOTICE OF FAILURE TO FILE STATUS REPORT Personal Representative: TOOMEY RONALD LEE Counsel for Personal Representative: SNELBAKER RICHARD C Date of Decedent's Death.: 11/8/2006 The Orphans' Court record indicates that neither the above named persona] representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his, her or its Status Report required by Rule 6.12, Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12, Supreme Court Orphans' Court Rules, is hereby given that you have ten (10) days to file the Status Report. If the required 6.12 form is not filed in accordance with Rule 6.12 the Court will be notified of such delinquency and the undersigned will request that a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. ;- ~ a`Y ~.wml~~/6 ~IW"k.+/~'gr41,+Sdb ~ /` b`wb ~w'~' ~` ~, Date: 1/3/2011 `°~ Glenda Farner Strasbaugh Clerk of the Orphans' Court Distribution: Personal Representative Counsel for Personal Representative Estate File s .:.~ ;;, i'' Fc 1ST;;;: L;= 1~i=_,LS Gi~ _ _-- C:Ot~:v1'~', P~.\^;S~''L~~'..~"?. 1\~_n;e of Dccede.;li File i`~u<::ber: D.. .. ... D.. f i !` r.,'.,, ~ 1~ T .•`-„„t t1,~ ~:\11.~1s,ino ~::iti~ =e.~~~.• }n r~,rr..•t°`i~tt l~T Thy c ~;1':cll?~a'n?l0i'. Ci t Lt:>111411 L'J 1 lV. V•\.'• 1\~.... V.1., ~ yV• •4 ... . ..J ... : ~ .. file above-ca;~tioned estate: . 1. Sid?~ wlietlier dC:11in1SirdtiDn Of ti?~ e5tdte 15 Cun1t71eie :.................... ^1rc5 ~ NO ~. 1f the aliS~'vel"iS i~i0, Sidle Wll~n the pe;SC~nal re~l'eS~ntZtlVe 1"~dSOild~~ly bZ11eVeS ti,di tl?e ddr:11n1~tr3t:D11 «'ili be COliiplet:: 3. if i~ie 2;:5',~er t0 ~'0. 1 iS YES, ~t:.te tale fc110~ti1~~' d. Did the personal rep~ese;i?at;ve :ile d f n31 dCCCLInt YJlth t'ie COUfI? ....... ~Ye$ ~ l~D u. TLe sep3r3te Orplinns' Court ;~D. (if anv) i0i the peaonl tecrese,itative's 2ccount is: c. mid ?1':e persor.31 representdti~e state an account 1llt01iild~ly t0 ilie pdr?1e3 In li:?~:?St? ................... . ........... ~~~~'~, ~\?0 d. C.^^.r:25 Ci 'ieCZi~tS, I~i22$°S,~O1::C'.f$ 211 2D~;O1~315 Of f01?Tl 1 Or 1:7f0^:'1121 dO.CU!ii':iS T17r ~; LC ~112'u 7%ll.il il:e 012:1: OI it?~ [)1r1i2P.3' CnU; i 2'.1C1 1T:2. j bZ 2t:2i:172~ 1C tlll$ 1'2r O1~_. Drtc _ ~:~nf. C:rC Gj ~G~/^ f:ill:~ fit ii j~9r'lll Cz};aciy: ~; e:•so:~zl F.ep csenlzti~e ^Coula~l . ~.'•t':2 c' FttS Ut ' i~iC~ l17:f °J:'nt n ]L!t'2i: ,',le~::ont SNELBAKER ~ BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. HRENNEMAN 717-697-8528 October 27, 2010 Ronald L. Toomey 904 16t" Street New Cumberland, PA 17070 Re: Estate of John H. Toomey Dear Mr. Toomey: P, O. BOX 318 FACSIMILE (7V) 697-7681 Enclosed is a letter from the Register of Wills of Cumberland County reminding us of the need to file a status report (a form of which is also enclosed). Since you have failed to communicate with us and have routinely ignored our communications, we enclose the partially completed status report form. Since you are in control of the Estate, you should complete fihe form, provide us with a copy and file the original at the Register's office in Carlisle. If you want us to assist you in this matter, it will be necessary for you to arrange an appointment with the undersigned no later than November 5, 2010. Very truly yours, Richard ~I Qlz r RCS:sks Enclosures Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone:(717) 240-6345 Date: 10/25/2010 ~~ SNELBAKER RICHARD C `==~- Yr% ~ 4 4 W MAIN S T ~~ i 'r ' ~--t ;: , :. i = ,. t'T"l h., t __I .5 ~.~ ~.~... MECHANICSBURG, PA 17055 ~ ,. : .:f; ~;. ,- - ~~ , RE: Estate of TOOMEY JOHN H File Number: 2006-01044 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, N0. 103 SUPREME COURT RULES DOCKET N0. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. Trlis filing is due by: 11/08/2010 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ~' ~ ~~, Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Personal Representative(s) Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Name of Decedent: JOHN H. TOOMEY Date of Death; 11/8/2006 21-06-1044 File Number: Pursuant to Pa. O.C. Rule 6.12, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete :....... . . . . .. . . Yes ~]No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. if the answer to No. 1 is YES, state the following: a. Did the personal representative file a final account with the Court`? ..... . ^ Yes ^ No b. The separate Orphans' Court No. (if any} for the personal representative's account is: c. Did the persona] representative state an account informally to the parties in interest'? ..... , .... . ................... ^ Yes ^ No d. Copies of receipts, releases, j oinders and approvals of formal or informal accounts may be filed with the Clerl< of the Orphans' Court and may be attached to this report. Date Signuhu~e gfPeison Filing thrs Form Capacity: /Qpersonal Representative []Counsel Ronald Lee Toomey Name ofPeison Filing this Fvrm 904 16th Street Address New Cumberland, PA 17070 717-774-0371 Telephone Fonn RW-10 rev. 10.13.06 CERTIFICATE OF SERVICE RICHARD C. SNELBAKER, ESQUIRE, on behalf of Snelbaker & Brenneman, P. C., Petitioner, hereby certifies that he duly served a true and correct copy of the foregoing Petition by serving the same this date by first-class mail, postage paid, from the Post Office at Mechanicsburg, PA 17055, to Respondent addressed as follows: Ronald Lee Toomey 904 16~' Street New Cumberland, PA 17070 Ric and C. Snelbaker, Esquire Snelbaker & Brenneman, P. C. 44 West Main Street P. O. Box 318 Mechanicsburg, PA 17055 Date: January 11, 2011 LAW OFFICES SNELBAKER EC BRENNEMAN, F.C.