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Home My WebLink About12-06-12IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, THE ESTATE OF LEON G. ORPHAN'S RAMSEY, JR., DECEASED No. 2011-00772 r.., 7 ~~. ti = ~ o rn ~ ~: f'7 c. ~ G` :sl ' ~ j'.i. r.- ...a s ~7 .uW p~ `-~ i ~~I ~NI~I~YLY,~NkA .. J _ { ~.. ZT DIVI~IpN , ~, i =.~~ PETITION FOR~RULE TO WITHDRAW C UNSEL PETITION FOR RULE TO WITHDRAW COUNSEL TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW COMES, Petitioner Marvin Abrams, Esquire and Allegheny files the within petition for rule to withdraw counsel, and in support thereof follows: 1. On July 12, 2011, Tracy L. Ramsey, the wife of the Jr., was appointed as the personal representative of the Estate of Leon G. by the Register of Wills of Cumberland County at number 2011-00772 Administration are attached hereto as Exhibit A. 2. The Decedent, Leon G. Ramsey, Jr., age 45, died intestate which time he was married and was survived by his spouse, Tracy L. Ram sons, Deonte G. Ramsey, Rajuan R. Ramsey, and Akeem J. Ramsey, all of their mother, Tracy L. Ramsey, at the time of death, at 839 N. Wes Pennsylvania 17013. Group, LLC, and avers as Leon G. Ramsey, Jr., Deceased, of the Letters of June 11, 2011, at and his minor reside with Street, Carlisle, ~J ~~ '~ 3. The Decedent suffered fatal injuries as a result of a motor veh cle accident and a claim was presented to Allstate Insurance Company, the third party Carrie insuring Rosella Warrick, the owner of the other vehicle involved in the accident. 4. Following an investigation and accident reconstruction by C mberland County, North Middleton Township police department, the report issued raised liabil ty questions as to the cause of the accident. 5. On behalf of the decedent's estate, Petitioner as counsel for the estate retained the services of CED Investigation Technologies who completed and accident reconstruction report, which was thereafter forwarded to the third party carrier. 6. Thereafter, the third party carrier requested that we, in an attempt to resolve the matter, submit a demand for settlement. 7. The personal representative was uncooperative, and failed to provide Petitioner any information that would allow Petitioner to negotiate with or provide a demand to the insurance company in an attempt to settle the claim. 8. As a result of the fact that this case involved complicated legal and factual issues, and would in the event of trial would have required petitioner to expend s bstantial time and effort, not to mention the costs involved in such complex litigati n. The personal representative's cooperation was an absolute necessity. The lack o communication, philosophical differences, and loss of trust and confidence would have made it virtually impossible to pursue this claim on behalf of the estate. 9. Petitioner had, on numerous occasions, communicated v~ith the personal representative regarding the need to communicate with this office, and had inf rmed the personal representative that her failure to do so would make it difficult if not imposs ble to process the case to a resolution or prepare for litigation, in the event settlement cou~d not be reached. However, personal representative made no attempt to resolve the situatidn with this office associated with the communication necessary that would permit this offi~Ce to negotiate an amicable resolution to this claim. 10. Because of her failure to respond to our request for a settle ent, on March 12, 2012, counsel sent a letter to Tracy L. Ramsey, advising her that she shoul find replacement counsel. (See attached Exhibit B) 11. At the time of our March 12, 2012, communication there were o assets subject to administration. 12. Thereafter, the personal representative for no apparent reason, complaint against this office, which was summarily dismissed. 13. On July 5, 2012, counsel received a letter from Timothy indicating that he had been retained by Tracy L. Ramsey, personal repre and the mother of the minor estate beneficiaries. (See Attached Exhibit C) 14. Because of her failure to communicate and the fact that replacement counsel, who at present time continues to investigate the matter his appearance on behalf of the estate, we are forced to file the within petit office is unable to adhere to our obligation to prepare and file any documen the administration of this estate, including filing the inheritance tax return, Fled a disciplinary A. Shollenberger, ~tive of the estate, she has obtained nd has yet to enter gyn. Moreover, this rtion in regards to accountins and/or status reports. 15. It is clearly unlikely that because personal representative has re lacement counsel, that she would be willing to cooperate with this office regarding the ongoin administration of this estate, including the obligation to prepare an inheritance tax return, accounting and status reports. Therefore, given the lack of communication by personal represent tive, the likelihood that this situation would continue and the fact that she has obtained replacem nt counsel, the best resolution would be that Petitioner be permitted to withdraw from any further 'nvolvement in this matter. WHEREFORE, Petitioner requests that the court award a citation d rected to Tracy L. Ramsey, personal representative of the Estate of Leon G. Ramsey, Jr., Dece sed, to show cause why Marvin Abrams, Esquire should not be permitted to withdraw as coons 1 for the Estate of Leon G. Ramsey, Jr., Deceased or in the alternative issue an order permitti g Marvin Abrams, Esquire to withdraw from the Estate of Leon G. Ramsey, Jr., Deceased. Respectfully Submitted, ALLEGHENY L , LLC Abrams, CERTIFICATE OF SERVICE THE UNDERSIGNED HEREBY CERTIFIES THAT A TRUE AND FORE~PE ITIO~}N FOR RULE TO WITHDRAW COUNSEL, WAS SERVED VIA FIRS1 DAY OF ~LtiF;•Vl. 012, ON THE FOLLOWING: TRACY L. RAMSEY 116 ELM STREET CARLISLE, PA 17013 TIMONTHY SHOLLENBERGER 2225 MILLENNIUM WAY ENOLA,PA17025 COPY OF THE "CLASS MAIL, THiS Abrams, Esquire REGISTER OF WILLS CUMBERLAND COUNTY PENNSYLVANIA No . 2011- 00772 Estate Of : LEON G RAMSEY JR CERTIFICATE OF GRANT OF LETTERS ADMINISTRATION PA Nb . 21- 11- 0772 Late Of : CARLISLE BOROUGH CUMBERLAND COUNTY Deceased Social Security No: 180-64-0513 WHEREAS, LEON G RAMSEY JR lFiist MiddM, LesU late of CARLISLE BOROUGH CUMBERLAND COUNTY died on the Ilth day of June 2011 and, WHEREAS, the grant of Letters of Administration is required for the administration of the estate. THEREFORE, I, GLENDA EARNER STRASBAUGH Regis er of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylv nia, have this day granted Letters of Administration to: TRACY L RAMSEY who has duly qualified as ADMINISTRATOR(RIX) of the e tate of the above named decedent and has agreed to administ r the estate according to law, all of which fully appear of record in my office at CUMBERLAND COUNTY COURT HDUSE, CARLISLE, PENNSYLVAN/A. IN TESTIMONY WHEREOF, I have hereunto set my hand nd affixed the seal of my office on the 12th day of July 2011. R A T **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) Pittsburgh, PA 15219 (412) 471-4420 (412)471-0710-fax Allegheny Law Group, LLC 1034 Fifth Avenue, Suite 200 March 12, 2012 Tracy L. Ramsey Personal Representative for the Estate of Leon G. Ramsey, Jr., Deceased 839 N. West Street Carlisle, PA 17013 Via Resular 1'~ Class and Certified Mail No: 7010 2780 0003 5212 3852 RE: The Estate of Leon G. Ramsey, Jr., Deceased Dear Ms. Ramsey, After further consideration our office has determined that we are matter on your behalf and will no longer represent you in connection with During our last conversation you were informed that the insurance cc to entertain an offer to settle this claim. However, you have failed to p~ additional- information in order to move this. matter-to a satisfactory... conclus respond to our request for a financial demand has prevented our ability to fi with the insurance company. Therefore, it would appear that it is in your t replacement counsel in order to pursue this matter on behalf of your deceased In the event that you require assistance in obtaining alternative Lawyer Referral Service of the Allegheny County Bar Association, the adds Lawyer Referral Service Allegheny County Bar Association 920 City-County Building 414 Grant Street Pittsburgh, PA 15219 (412) 261-5555 I am sorry we are unable to proceed with your case. Should you with any other matters, please feel free to call. We will be happy to coy attorney and wish you nothing but the best. .--~. "vlll in Abrams, Esquire to pursue this sny was willing ie us with any Your failure io ;r communicate, interest to seek band's estate. contact the is: our assistance with your new ' Jul. 5. 2012 3:46PM SI-IOLLENBE.RGER 8. A~~.IZZI, ~.~P JAttorneys At Law WriteYs Direct E-mail ~ s~ (d~sholljanlaw.com July 5, 2012 Marvin Abrams, Esquire Allegheny law Group, LLC 1034 Fifth Avenue, Suite 200 Pittsburgh, PA 15219 Re: The Estate of Leon G. Ramsey, Jr. Date of Loss: June 11, 2011 No. 5619 P. 2/2 iY A. SHOLL.EN6P.itG~, ESQ. ICnttt. J. Ja.NUZU, ESQ. ,ADAM T. 'Wot~, ESQ. Dear Mr. Abrams: I have been authorized by Tracey Ramsey to contact you. In order to determine whether this case has merit, I need to review the expert report from the accident reconstructionist referred to in your letter. Please dvise as to the amount of these costs. Thanks, and I await your response. TAS/dw 11sj1011SJL`Docs1TIM CASE FILES- PENDING1Ramsey, Estate of L LT Atty Abrams re case materials Itasl.doc Mn~N Or+xrce: 2225 Millennium V11a'y I Enola, PA 17~ Haxnrssuxc Ox~zc~e: 48111onestor~+m Y2 qei (Please do !w Ptease v s ~0 J Fax 717-725-34( PA 17109 J Phone 12 Toll Free 800-813-1368 -6400 ~Tw:com _ __ __