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HomeMy WebLinkAbout04-09-12IN RE: ) ESTATE OF ) MARGARET B. BROWN ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION FILE N0.21-11-0824 MOTION TO MAKE RULE ABSOLUTE AND NOW comes Michael L. Bangs, Esquire, and files this Motion to Make Rule Absolute based upon the following: 1. On March 5, 2012, this Honorable Court entered a Rule to Show Cause issued to Barbara T. Brown to show cause why, if any she had, to contest the Motion of Michael L. Bangs, Esquire, to withdraw as counsel for the Estate of Margaret B. Brown. Attached as Exhibit A is a true and correct copy of the Rule to Show Cause. 2. On or about March 8, 2012, Michael L. Bangs, Esquire, caused the Rule to Show Cause with attached Petition to be served upon Barbara T. Brown by first class mail. Attached hereto and marked as Exhibit B is a true and correct copy of the cover letter evidencing same. 3. No response has been filed to Rule to Show Cause. 4. Michael L. Bangs, Esquire, requests that this Honorable Court grant his Petition to withdraw as counsel. WHEREFORE, Michael L. Bangs, Esquire, requests this Honorable Court to enter the following Order: 1 n ~~ N -.__ ~~ ~ 4 ~~ t ~~ ~C~O ~ r-_; ti_} _.,,, y ~ cv ~~' •;~ A. The Rule to Shaw Cause issued on March 5, 2012 is made absolute and Michael L. Bangs' regj~est to withdraw as counsel for the Estate of Margaret B. Brown is granted. Respectfully submitted, BANGS LAW OFFICE, LLC 1; MICHAEL L. BANGS 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 mikeban~L(a,verizon. net Supreme Court ID #41263 2 EXHIBIT A IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF MARGARET B. BROWN CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION N0.21-11-0824 ORPHANS' COURT IN RE: PETITION TO WITHDRAW AS COUNSEL ORDER OF COURT AND NOW, this 5~' day of March, 2012, upon consideration of the Petition to Withdraw as Counsel, a Rule is hereby issued upon Barbara T. Brown, Executrix of the Estate of Margaret B. Brown, to show cause why the Petition of Michael L. Bangs to withdraw as counsel should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, "i -- ~~-~C~ Christylee .Peck, J. Mi ael L. Bangs, Esq. 9 South 18~' Street Camp Hill, PA 17011 Barbara T. Brown 615 Harding Street New Cumberland, PA 17070 Executrix :rc A TR1~ DOPY FR01~ REGORA In T~e~rtwry wt-~f. ! AN~MD sR rtgl And •nd ttM sNl d pid Co~Nt~t C+rrINM. PA 'rt~,..7;~1- df1~C1S~1.AQ.ls~ o~a~~e°.i `ear ti; ^, ~~" C7 p ~ rn ~ (`. ~% J O ~~ 3 ~3 rn - ~ " ~n o b ~ G` IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET B. BROWN ) ORPHAN'S COURT DIVIS~ ^~ FILE NO. 21-11-0824 ~ ~ v N A X PETITION TO WITHDRAW AS COUNSEL ;~ ~' `~' `~'° © ~ AND NOW comes Michael L. Bangs, Esquire, attorney for the Estate of ~~azet B~ D Brown and files this Petition to Withdraw as Counsel based upon the following: ~ 1. The Decedent, lYlar_garet B. Brown, died on February 27, 2011. 2. The Decedent died testate and both of her daughters were named as Co-Executrixes of the estate. 3. In June, 2011, Michael L. Bangs, Esquire was contacted by Barbara T. Brown and agreed to assist Bazbaza T. Brown in the administration of the estate of her mother, Mazgazet B. Brown. 4. On July 26, 2011, the Last Will of Mazgaret B. Brown was probated in the Register of Wills Office in and for Cumberland County and Letters Testamentary were issued to Barbara T. Brown. ~' c-: c--% - ~ _z~ ,~ ~ ~: ;= ~~ ~.~ Q --~ 5. Aoth Barbara T. Brown and her sister Virginia Brown were named as Co-Executrixes _ _ on Decedent's Last Will. However, pursuant to an agreement reached between Virginia Brown and her counsel, Mark C. Duffie, Esquire, Virginia Brown renounced her right to be a Co- Executrix provided that Barbara T. Brown would proceed expeditiously to administer the estate. 6. The primary asset of the estate is the residence owned by the Decedent at 615 Harding Street, New Cumberland, Pennsylvania. 7. Bazbaza T. Brown, the Executrix, resided with her mother prior to her death and continues to reside there by herself. 8. In order for the house to be sold, Bazbaza T. Brown needs to find another living arrangement; the accumulation of personal property in the house needs to be removed or sold; and the house has to be generally cleaned up and put on the market for sale. 9. There aze other aspects of the estate administration that Barbara T. Brown needs to complete. 10. Bazbaza T. Brown and the undersigned Michael L. Bangs, Esquire, have reached an impasse in their ability to communicate as to the steps that aze needed to wind up the estate to such a degree that Barbara T. Brown refuses to have any discussions with Michael L. Bangs, Esquire, at all concerning the resolution of the estate. 11. Michael L. Bangs, Esquire, has not been paid entirely for the work that he has performed for the estate. 12. Bazbaza T. Brown continues to reside in the residence and it has yet to be placed for sale. 13. The inability of the Executrix, Barbara T. Brown, to communicate with her legal counsel Michael L. Bangs, Esquire, along with her failure to continue to pay for the legal services provided, make it virtually impossible for Michael L. Bangs to continue to assist Barbara T. Brown in the administration of the estate of Mazgazet B. Brown. 14. Michael L. Bangs requests that he be permitted to withdraw as legal counsel for the Estate of Mazgazet B. Brown. 2 WHEREFORE, Michaet L. E~uire, this Honorable Court to eater an Order allowing him to withdraw as counsel for the Estate of Margaret B. Bmwn. Respectfully submitted, BANGS LAW OFFICE, LLC 9 1 M CHAEL L. BANGS (I.D. No. 4 263) 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 EXHIBIT B $~NCS L~1~ 0~'~TC~, LLC 429 SOUTH 18~ STREET CAMP HILL, PA 17011 E-mail: mikebaa¢sCa.verizon.net PHONE: 717-730-7310 FAX: 717-730-7374 MICHAEL L. BANGS, Attorney-at-Law WENDY K. STRAUB, Paralegal Mazch 8, 2012 Ms. Barbaza T. Brown 615 Hazding Street New Cumberland, PA 17070 Dear Bazbaza: WILLIAM E. MILLER, JR. Of Counsel Enclosed you will find a copy of the Petition to Withdraw as Counsel along with an Order and Rule to Show Cause. Please be guided accordingly. Very truly yours, ~~ (f 1 Michael L.' wks Enclosure