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HomeMy WebLinkAbout04-15-13 IN RE: BEFORE THE REGISTER OF WILLS IN THE COURT OF COMMON PLEAS THE ESTATE OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY BECOATS Deceased NO: 21-11-0686 C , M --%7 rn rn C.> rn cn PETITION TO WITHDRAW ;:a "n NOW COMES, James A. Miller, Esquire ("Petitioner") and I&OO- s three Coy p for leave to withdraw his appearance in the above matter, and lo wpport ier4W,n avers as follows: �'' ti ``' 7n 1 Petitioner is James A Miller, Esquire, with a place of business at 4 South 17th Street, Camp Hill, PA 17011. 2 Respondent is Betty J BeCoats ("Mother"), natural mother of Anthony BeCoats, the decedent herein, with a last known mailing address of 1824 Sloan Drive, Charlotte, NC 28208. 3 Petitioner originally met with Mother at Petitioner's then offices in or about early May, 2011. 4 At the time of the initial meeting, Petitioner and Mother discussed the facts surrounding Decedent's death. 5 Soon after said meeting, Petitioner provided Mother with a draft engagement letter for Mother's review and consideration. Attached hereto as Exhibit A is a copy of said draft engagement letter dated May 23, 2011. 6 Mother and Petitioner discussed the contents of the engagement letter. 7 Petitioner presented Mother with the final version of the engagement letter and Mother never signed such however, she indicated that she would do so. Attached hereto as Exhibit B is a copy of said engagement letter dated June 17, 2011. 8 With as firm an understanding as was possible under the then circumstances, Petitioner moved forward by entering his appearance in the above captioned matter on June 15, 2011. 9 At said time; a. Petitoner filed the Petition for Probate and Grant of Letters NMI ("Petition"); b. Petitioner was accompanied by Mother who signed the Petition seeking Letters of Administration in the Estate of Anthony BeCoats; and, c. The Renunciation executed by Arlester BeCoats, father of the decedent ("Father"), was submitted to the Register requesting Letters to be issued to Betty J BeCoats. 10 After review, on June 21, 2011, the Register issued a Decree that required Betty J. BeCoats to post a surety bond in the amount of $3,000.00 upon which Letters would thereafter be granted unto Betty J. BeCoats. Attached hereto as Exhibit C is a true and correct copy of said Decree. 11 The undersigned arranged for Mother to obtain said bond. 12 The undersigned advised Mother many times that she must follow through in her efforts to obtain the bond in order to proceed in the administration of the estate. 13 It is believed and therefore averred that the bonding agent talked many times to Mother relative to meeting for issuance of said bond. 14 Despite enormous and numerous efforts by the undersigned, the bonding agent as well as a number of other person(s), Mother failed to obtain the surety bond required to administer the estate. 15 Petitioner is now and was then unable to perform his functions as counsel for the Estate in as much as Mother has wholly failed to perform her duties in the proper and lawful administration of the Estate of Anthony BeCoats. 16 Petitioner is no longer willing or able to perform said functions. 17 Petitioner has not attempted to obtain the concurrence of Betty J. Becoats in this Petition to Withdraw because she has failed to cooperate completely with any of Petitioner's requests to date. 18 On March 13, 2013, Petitioner received a telephone call from David Lutz, Esquire of Angino and Rovner, Harrisburg, Pennsylvania. 19 Attorney Lutz inquired about the estate and matters pertaining to the death of the decedent. 20 Petitioner apprised Attorney Lutz that the surety bond was never issued nor obtained. 21 Attorney Lutz indicated that an attorney from Florida contacted him on behalf of a BeCoats family member. 22 Petitioner believes and therefore avers that the Estate of Anthony BeCoats remains unopened due to Betty J. BeCoats, having willfully and voluntarily failed to perform her duties as Administratrix in that she has failed to: a. obtain the required surety bond; as well as, b. perform properly any and all other estate related matters. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order upon Betty J. BeCoats to Show Cause why Petitioner should not be permitted to withdraw as counsel, or, in the alternative, enter an Order allowing Petitioner to withdraw as counsel in this matter. Respectfully Submitted, MILLER LIPSITT LLC mes A. ' ler, Esquire 4S17 th eet Ca ill PA 17011 17) 737 6400 I, James A. Miller, Esquire, hereby state that the statements made in the foregoing Petition to Withdraw as Counsel are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. section 4904 relating to unsworn falsifications to authorities. Date: James A. iller, Es uire IN RE: BEFORE THE REGISTER OF WILLS IN THE COURT OF COMMON PLEAS THE ESTATE OF : CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY BECOATS Deceased : NO: 21-11-0686 EXHIBIT A - DRAFT ENGAGEMENT LETTER DATED MAY 23, 2011. now Monday, May 23, 2011 TO: Betty BeCoats TO: Arlester BeCoats Re: Estate of Anthony BeCoats Dear Betty BeCoats and Arlester BeCoats: Thank you for hiring Miller Lipsitt, LLC, to rep r n ou in m s pertaining to the administration of your son's estate. Pursuan th requireme f the Rules of Professional Conduct for attorneys practicing i e ComrQonwealth of vlVania, this letter sets forth the basis upon which Miller Li provi legal services u and our fees for those services. 1. Fees . The fee will function of t e spent rendering the legal services and the hourly he attorney al assistant performing the services. I will be perfor . rity of the ervices and my current hourly rate is $185.00 an r. 2. Costs. I to my fee legal se es, there are charges for hard costs udin 'sburseme for filing fees, advertising, postage, me and c ier services, ve night and telephone charges, etc. You will be re sibl these cost 3. In venttha s and costs are not paid during the course of the a ratio ou, then at the end of the estate administration we will seek pa t fro state in full for the time spent administering the estate and a cus ary estate administration attorney fee calculated as percentag the overall estate value yet to be determined. You hav righ terminate my services. I reserve the right to terminate the relationship imme the event that cause exists under the Pennsylvania Rules of Professional Condu which governs attorneys' behavior. I also reserve the right to terminate our relati ship,for any other reason, upon sixty(60)days written notice to you. I sincerely hope that I will be able to render the services which you require in a manner which will be of the greatest assistance to you. I believe it is important and always proper for my clients to understand the quality of work I provide and the basis for my charges for the services I perform. My clients are encouraged to discuss my fee arrangements, the progress of their matter or the details of a particular bill. I try to do what is fair and proper. I base my relationship with you on mutual confidence and respect. It is o this basis that I have established my representation for a cordial and enduring relati with my clients. Please date and countersign this agreement and a original to me in the enclosed envelope so that we will have a mutual memor um understanding. You should retain the copy for your file. Should yo v any q ns regarding my representation, please do not hesitate to contact Ve ruly yours, s A Miller Received and acknowledged: Betty BeCoats Date: Receiv nd ac k ed: Arlester Be Date: 2 ow IN RE: : BEFORE THE REGISTER OF WILLS : IN THE COURT OF COMMON PLEAS THE ESTATE OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY BECOATS Deceased : NO: 21-11-0686 EXHIBIT B - ENGAGEMENT LETTER DATED JUNE 17, 20'11 AItILLER LIPS►ITT, LLC Attorneys At Law 4 South 17th Street,Camp Hi,PA 17111-2314 1 p{717)737-6400 fax(717)737-5355 1 fames Opaatlaw.cvm NEW Friday, June 17, 2011 TO: Betty BeCoats Re: Estate of Anthony BeCoats Dear Reverend Betty BeCoats: Thank you for hiring Miller Lipsitt, LLC, to represent you in matters pertaining to the administration of your son's estate. Pursuant to the requirements of the Rules of Professional Conduct for attorneys practicing in the Commonwealth of Pennsylvania, this letter sets forth the basis upon which Miller Lipsitt will provide legal services to you and our fees for those services. 1. Fees . The fee will be a function of the time spent rendering the legal services and the hourly rate of the attorney or legal assistant performing the services. I will be performing a majority of the legal services and my current hourly rate is $185.00 an hour. In your particular case, I have agreed to handle the case without receiving fees in advance. In the event there are insufficient funds to pay my fees, I will waive them to the extent of the insufficiencies. In addition, because it is anticipated that there won't be any fees paid during the course of the administration of the estate, then aside from the foregoing hourly rate, my office will receive a fee of 2% of the gross recovery in any legal actions that may be filed on behalf of the estate. By way of example, in the event an action is filed which realizes a$1000 payment to the estate, my office would receive 2% of the $1000 recovery or, $20 in fees. The balance of the recovery after costs and expenses of the estate are then payable to the beneficiaries. By way of example, costs and expenses are items such as filing fees with the court. You will recall that I advanced the$93.50 filing fee to open up the estate in the Register of Wills office. That advance would be a cost that would be paid prior to the distribution to beneficiaries. This also is the case in the event there is no recovery; no recovery, no fee to my office. 2. Costs. In addition to my fee for legal services, there are charges for hard costs including disbursements for filing fees, advertising, postage, messenger and courier services, overnight and telephone charges, etc. You will be responsible for these costs. 3. Payment. In the event that fees and costs are not paid during the course of the administration, then at the end of the estate administration we will seek payment from the estate in full for the time spent administering the estate NNW MILLER LIPSITT, LLC Attorneys At Law and the customary estate administration attorney fee calculated as a percentage of the overall estate value and as defined hereinabove in section 1. You have the right to terminate my services. I reserve the right to terminate the relationship immediately in the event that cause exists under the Pennsylvania Rules of Professional Conduct, which governs attorneys' behavior. I also reserve the right to terminate our relationship, for any other reason, upon sixty(60)days written notice to you. I sincerely hope that I will be able to render the services which you require in a manner which will be of the greatest assistance to you. I believe it is important and always proper for my clients to understand the quality of work I provide and the basis for my charges for the services I perform. My clients are encouraged to discuss my fee arrangements, the progress of their matter or the details of a particular bill. I try to do what is fair and proper. I base my relationship with you on mutual confidence and respect. It is on this basis that I have established my representation for a cordial and enduring relationship with my clients. Please date and countersign this agreement and return the original to me in the enclosed envelope so that we will have a mutual memorandum of our understanding. You should retain the copy for your file. Should you have any questions regarding my representation, please do not hesitate to contact me. Very truly yours, James A Miller Received and acknowledged: Betty BeCoats Date: 2 IN RE: BEFORE THE REGISTER OF WILLS IN THE COURT OF COMMON PLEAS THE ESTATE OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY BECOATS Deceased NO: 21-11-0686 EXHIBIT C - JUNE 219 2011, REGISTER ISSUED DECREE BEFORE THE REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA ESTATE OF ANTHONY BECOATS, DECEASED ; NO 21-11-0686 DECREE OF THE REGISTER OF WILLS AND NOW,this 21 st day of June,2011,upon consideration of the Petition for Probate and Grant of Letters filed by Betty J. BeCoats, dated and filed on June 15, 2011, for the estate of Anthony BeCoats,IT IS HEREBY DECREED that the Petitioner shall post surety bond in the amount of $3,000.00 in the naive of the Commonwealth. Pursuant to Cumberland County Local Rule 359, any corporation acting as surety shall have filed in the office of the Prothonotary, a copy of its last annual statement to the Insurance Commissioner of the Commonwealth of Pennsylvania. IT IS FURTHER DECREED that upon proper filing the Bond of Personal Representative, Letters Testamentary shall be granted to Betty J.BeCoats. Glenda Farner Strasbaugh,Register Wills j n 7 U) � - ;rte_ rn • n VV i s° Register of Wills of Cumberland County a BOND AND SURETY FOR PERSONAL REPRESENTATIVE Estate of No. Also known as Deceased KNOW ALL BY THESE PRESENTS,that As principal(s)and as surety(sureties) are held and firmly bound unto the Commonwealth of Pennsylvania in the sum of dollars ($ ) to be paid to the Commonwealth, for which payment we do bind ourselves,jointly and severally,our heirs, executors, administrators and successors,the condition of this obligation being that if as (state fiduciary capacity) of the estate of deceased, or any of them, shall well and truly administer the estate according to law,then this obligation shall be void as to the personal representative or representatives who shall so administer the estate and his or their surety or sureties;but otherwise it shall remain in full force. Signed and sealed this day of 720 , each intending to be legally bound hereby. Signature of Personal Representative Signature of Personal Representative Signature of Personal Representative (Seal) Signature of Bonding Agency a IN RE: BEFORE THE REGISTER OF WILLS IN THE COURT OF COMMON PLEAS THE ESTATE OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY BECOATS Deceased NO: 21-11-0686 CERTIFICATE OF SERVICE 1, James A. Miller, Esquire, hereby certify that I have forwarded a copy of the foregoing Petition to the following individuals on the date indicated below by U.S. First Class Mail. Betty J BeCoats 1824 Sloan Drive Charlotte, NC 28208 ArIester BeCoats c/o Kenneth Easter, Esquire 853 W Miner St West Chester PA 19382 Date: J es A. Mill r, Esquire