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HomeMy WebLinkAbout03-23-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF LAURIE ANN WALTERS, Deceased No. 2009-00427 ~-? o ~, ~--s ~~_ r' ~.7 ~-~ ~.: ~'7~ ~~ `~ -~>:. G, ,, 'Y~ `, !1 --- ~-Yl `n ~i PETITION TO WITHDRAW AS COUNSEL AND NOW, comes the undersigned attorneys of record for the Executor, Duane P. Stone, and respectfully request that this Court permit them to withdraw from representation of the Executor, Gerald A. Walters, in the above matter and as grounds therefore would show the Court: 1. Petitioner was hired solely for the purpose of investigating a wrongful death action on behalf of the deceased and open the Estate for this purpose. 2. Based on Petitioner's investigation, Petitioner believed there was not sufficient evidence to move forward with the wrongful death action. 3. Executor disagreed and informed Petitioner that he would seek new Counsel to move forward with the claim. 4. This difference in opinion has caused an irremediable breakdown in the attorney- client relationship, which prevents undersigned counsel from providing effective assistance of counsel. 5. There has been no communication between Petitioner and Executor for many months and Petitioner has not been hired or instructed to manage the Estate. 6. A hearing is not necessary for the disposition of this Petition. cf: 't `~ 7. Upon withdraw of Petitioner, Executor maybe contacted at his last known address and email: Gerald A. Walter 316 Center Street Enola, PA 17025 geraldwalters @ aol.com WHEREFORE, undersigned counsel respectfully requests that this Court permit them to withdraw from representation and enter its order allowing withdrawal. Respectfully submitted, STONE, DUNCAN & ASSOCIATES P.C. Du e P. Stone, Esquire Attorney ID # 85715 8 N. Baltimore Street Dillsburg, PA 17019 P: (717) 432-2089 F: (717) 432-0158 CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of Petition to Withdraw as Counsel on the following persons by placing the same in the United States Mail, postage prepaid, on the ~ Q~ day of March, 2011. Service was made at least ten (10) days prior to the date of filing in accordance with Orphan's Court Rule 5.3. GERALD A. WALTERS 316 Center Street Enola, PA 17025 • March D~ 2011 By: ~`~'-- i~~ Dated. ~, Duane P. Stone, Esq.