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Home My WebLink About08-12-13 C In Re Estate Nancy M. Barry : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNT�,PENN�-�LVAl�IiA � �.� =" r�7 . � � Fy� c� : t.� :. �--� NO. 2113-0550 c3 � ; F�� " ' ' ' �'7 , y . �_-° : Orphans' Court ° � ' - ° ��' � � y . �;, . � _ . , . �::: , _..�, _ -� �� .. . , ... . . _.� PETITION FOR ENTRY OF APPEARANCE ' � . . , ,., _ � . : ,> AND NOW comes Petitioner, Mark A. Mateya, Esquire, and respectfully req�t�sts that`� this Honorable Court permit Petitioner to enter his appearance on behalf of Karen Greguras, Executrix of the estate of Nancy M. Barry, and in support avers the following: 1. Decedent Nancy M. Barry, died testate on May 3, 2013. 2. Karen Greguras, daughter of the decedent, was duly appointed executrix of her mother's estate on May 13, 2013. 3. Karen Greguras engaged Attorney Roger Irwin to assist her in the administration of her mother's estate. Attorney Irwin never offered a written retainer letter to Ms. Greguras. 4. The value of the estate is believed to be in excess of$600,000.00. 5. Executrix was dealt with in a very unprofessional manner by Attorneys Roger Irwin and Doug Miller. 6. From the time the estate was opened until the filing of this petition, Ms. Greguras has not received any bank statement concerning estate funds under the control of Roger Irwin, in excess of$50,000.00, allegedly in an estate account. Moments prior to filing this Petition Attorney Miller e-mailed a Quick Books sheet supposedly representing the estate account. No bank name or account number appears on this printout. See Exhibit"A" attached hereto and incorporated herein by reference. 7. On or about noon on August 2, 2013, Karen Greguras, as executrix of the estate of Nancy M. Barry had hand-delivered to Roger B. Irwin, Esquire a letter advising him that she was terminating his services effective immediately. A copy of that letter is attached hereto as Exhibit "B" and is incorporated herein by reference. 8. On August 1, 2013, Karen Greguras, Executrix of the estate of Nancy M. Barry retained the services of Mateya Law Firm, P.C., to assist in the administration of the estate of Nancy M. Barry. A redacted copy of the August 1, 2013, retainer letter is attached hereto as E�ibit"C"and is incorporated herein by reference. 9. On August 2, 2013, Mark A. Mateya, Esquire hand delivered a Praecipe for Withdrawal/Entry of Appeaxance to the office of Roger B. Irwin, Esquire. A copy of the Praecipe for Withdrawal/Entry of Appearance is attached hereto as E�ibit"D". 10. On August 2, 2013,Attorney Mateya and the Executrix took a copy of a cancelled check from the decedent's Members lst account which was deposited into an estate account at M&T Bank for the estate of Nancy Barry. See E�ibit"E"which is attached hereto and incorporated herein by reference. 11. On August 2, 2013, M&T Bank stated that there was no estate account open in the name of Nancy Barry. M&T Bank searched both by name and EIN number, and in both bank and trust accounts. 12. On August 6, 2013, Roger B. Irwin, Esquire f�ed a copy of an invoice to the Estate of Nancy M. Barry to Attorney Mateya at Attorney Mateya's request. Attorney Irwin requested payment in full for the work which has been completed to date. 13. In a telephone call with Attorney Mateya, on August 12, 2013, Attorney Roger Irwin refused to release any files in his possession concerning the estate of Nancy M. Barry until payment in full had been received for the outstanding invoice; Attorney Irwin refused to release the funds of the estate of Nancy Barry to the Executrix, Karen Greguras; Attorney Irwin also refused to sign and file the Praecipe for Withdrawal/Entry of Appearance until after he received payment in full. 14. Petitioner attempted to negotiate quantum meruit payment with Attorney Irwin, based on the work completed, but Attorney Irwin did not concur with anything less than 100% of his bill being paid in full. 15. Petitioner explained to Attorney Irwin that he could file a claim against the estate of Nancy M. Barry to recover any amounts he believed were still due to him. 16. Petitioner believes she should not have to pay for the obstreperous behavior displayed toward her by Attorneys Roger Irwin and Doug Miller. WHEREFORE,Petitioner respectfully requests that this Honorable Court issue an Order directing Roger B. Irwin, Esquire to Withdraw his appearance on behalf of the Estate of Nancy M. Barry and to accept the Entry of Appearance of Mark A. Mateya, Esquire on behalf of the Estate of Nancy M. Barry. Respectfully submitted, �� ,� Mark A. Mat , Esquire Attorney ID No. 78931 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 i (717) 241-3099 FAX Date: � �Z �� VERIFICATION MARK A. MATEYA, ESQUIRE, verifies that he is the attorney and agent for Karen M. Greguras,that Karen M. Greguras' verification cannot be obtained within the time allowed for the filing of this pleading, that as attorney for Karen M. Greguras, he has sufficient knowledge and information concerning the contents of the within document and that the facts set forth in the foregoing are true and correct to the best of his knowledge, information and belief. He understands that false statements made therein are made subject to the penalties of 18 Pa. C.S. §4904,relating to unsworn falsification to authorities. � MARK A. MATE , SQUIRE Dated: O I�-- I � Class Report-All Dates:2 12/9/1994 through 7J29I2013 7/29/2013 Page 1 Date Num Rescription Memo Category Amount 5/13/2013 DEP "*VOID""THE ESTATE OF NAN...BARRY,NA... CKTO EST/B... 0.00 5/15/2013 33860 CUMBERLAND LAW JOURNA... BARRY,NA... ADV LET/BA... -75.00 5/15/2013 33868 ROY D.GOTTSHALL BARRY,NA... APPRAISAU... -195.00 5/15/2013 33872 IRWIN&McKNIGHT""*"***"**'*... BARRY,�EA... REIMBURSE/... -503.50 5/30/2013 DEP MEMBERS 1 ST FEDERAL CR... BARRY,NA... CLOSEb BK... 50,315.02 _..._......................................................._...._........_.._.____.._...._-----------._..._---------.._._....------------------------.._............,._.._......_....... .._.__........._._.... ........ ......._... . 6/3/2013 33980 DISC�VER BANK BARRY,NA... CREDIT CAR... -134.00 6/3/2013 33984 C�NTURYLIiVK BARRY,NA... TELEPHONEl... -25.88 6/�4/2013 33989 KATiE GREGURAS BARRY,NA... R�IMBtJRSE/... -450.00 ................. ..... . . ... . .. 6/4/2013 33990 ""VOID""'BRYAN VAN CURA BAftRY,NA... REIMBURSE/... 0.00 8/7J2013 34023 TME SENTIN�L BARRY,NA... ADV LET/BA.., -989.54 6/18l2013 DEP GENWORTM FINANCIAL BARRY,NA... CKTO EST/B... 1,768.85 8I20/2013 34050 DIAKON LU7HERAN SOCIAL... BARRY,NA... NURSfNG/BA... -2,474.00 6/20l2013 34059 GINGRICH MEMORIALS*""*"*"`... SARRY,NA... INSCRlPT[ON... -160.00 6/25/2013 34092 DIAKON LU7HERAN SOCIAL... BARRY,NA... NURSING/BA... -276.00 ......_..................................._,...,...,_....._..........._._....._._.._....------�•-------------------___..._.._...........--- ---.......__......_........ _...... ._.. 7/1/2013 34125 BRYAN VAN CURA BARRY,NA... REIMBURS�/... -1,146.00 7/112�13 34134 AT&T*"""**""`*""**"*"�"�"*"""*�*'`'`..•BARRY,NA... TELEPHONE/... -16.8� 7/17/20'E3 34237 DIAKON LUTHERAN SOCIAL... BARRY,NA... NURSING/BA... -1,221.00 ...........,........._._.__...-------------------...-------------------------------�------._..._..__._....._._.........-----------------.._...__......--------..._._......................_.........._.......__........._.... 7/22/2013 343b8 CUMBERLAND GOODWILL FI... BARRY,NA... AMBUUBAR... -51.50 7/26/2013 34311 REGISTER QF WILLS""`*"""""*... BARRY,NA... SHORT CER... -10.00 7/26/2013 34312 REGISTER OF WILLS,AGENT...BARRY,NA... fNH PAYM�N... -30,000.00 12/119 994-7I29/2013 15,235.65 TOTAL INFLOWS 52,083.87 ' TOTAL OUTFLOWS -38,848.22 NET TOTAL 15,235.65 ; t ,f i Karen M. Greguras 1274 Estate Darive Los Aitas, CA 94U24 Roger B Irwin Esquire 60 West Pomfret St7reet Carlisle PA 17�13 Re: Estate of Nancy M. Barry No. 2113-0550 Dear At�orney Irwin, You are no longer authorized to access the funds for the estate af Nancy M. Barry. Thank you for t1�e wark yau have completed to date in handlzng the estate of Nancy M. Barry. We have decided ta terminate our relationship with yau effective irnmediately. Na hard feelings. Attorney Mark A. Mateya, of Mateya Law Firm is hand delivering thi�1e#ter to you at my direction, Please release all of the files to Attorney Mateya's care at youx earliest convenience. I promise to see to it that yau are paid fairly for the work that you have completed tc�date concerning this matter. Sincerely, ��f �'�j �'�1��.;� D K.aren.M. Greguras Executrix af the Estate of I�tancy M. Barry __��`� .�� .��v��,A �.1�� \.�'�.. A PROFES�IONAL CORPORATION 55 W. Church Avenue Carlisle, PA 17013 � Phone 717-241-6500 Fax 717-241-3099 www.mateyalaw.com . August 1, 2013 Karen M. Greguras 1274 Estate Drive Los Al-tos CA 94{}24 RE: Estate Administration --Nancy M. Barry I�ear Ms. Crreguras, My candalences to you on the Ioss of yaur mother. This letter explains the basis for my representation of you in the administration of her estate. I met with you on August 1,2013, and�ou have xequested me to represenf you concerning the administration c�f your mather's estate. I'ou axe the named executrix af her estate. As the executrix of your mother's estate, we will be able to begin to administer the estate on your behalf Olzr admznistration fee in the case t�f yaur mother's estate is laid out below.As you know, your mother's case is unique for reasons well known to you. Because of that our fee wili be deterniined after a review of the file from I��win &McK:night.After a review of the file� If any litigation is required after the estate h�.s been successfully opened,the estate wi11 be charged $250.Q�per hour far attorney's time, and$l OQ.00 per hour for paralegal time,An additional retainer of$5,000.00 may be required far each issue to be litigated; said additional retainer will be required from fiannds c�utside of the estate and will be accounted for in tlie final accounting of the estate; these funds may be reimbursable through the estate at the fina.l C�.IS#T'i�7UtI0i1. It is expected that you will pay any balance due up�n the completion o�your case. In addition to fees,my statements will reflect charges for disbursernents,including travel (where applicable},pQStage, court costs and fiiing fees which we may incur in the caurse of this Leave A Legacy Karen M. Greguras August 1, 2013 � Page Two engagement.An administrative fee will be charged if it is necessary to close your file prior to the completion of your case. From time-to-time throughout the course of the administration of your mother's estate, Mateya Law Firm, P.C. will be paid a portion of the fees due. This payment will come directly from the estate checking account.A draw for a portion of these fees will take place in the first thirty to ninety days after the execution of this document.A second draw will take place within the next three to six months thereafter. The remainder of the fees will be paid in one or two lump sums,with the final payment being made at the conclusion of the estate. I will ma,ke every effort to keep you informed on the progress of your case. I expect you to keep current with your billings and to give me your fullest cooperation so that I might represent you effectively. By working together in a relationship of mutual trust and confidence, we can maximize our performance and develop the best chance for achieving the results for which you have retained us. Attached you will also find my Policy Concerning Attorney-Client Relationship. I reference that document herein as part of this retainer letter. Attested to and agreed upon by: �' `� � r Mark A. Mateya, K n M. Gregur s Mateya Law Firm, P.C. For the estate of Nanc M. Barry Leave A Legacy In Re Estate Nancy M. Barry : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA : NO. 2113-0550 : Orphans' Court PRAECIPE FOR WITHDRAWAL OF APPEARANCE Kindly withdraw the appearance of Roger B. Irwin, Esquire, as counsel for the Executrix, Karen M. Greguras in the above-referenced matter. Respectfully submitted, Roger B. Irwin, Esquire 60 West Pomfret Street Carlisle PA 17013 (717) 249-2353 (717) 249-6354 FAX Date: ENTRY OF APPEARANCE Kindly enter the appearance of Mark A. Mateya, Esquire, as counsel for the Executrix, Karen M. Greguras in the above-referenced matter. Respectfully submitted, Maxk A. Mateya, Esquire Attorney ID No. 78931 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 FAX Date: � Page 1 of 1 r �.�3�' �r. �+ . �; �}�° � . .. _. �� .�.f:.�'7�� I ��.� ��t: ��:�.�. , �.a.��,�,�� '�� EC �I{�r� �'.t}:�QX:�i ,1� '.��74�„�„�i � ��.T'�1��Q�� 1�5'.� .. . �� . �a�vard . � t1��"��'�;� � �e-rc� �;?;�Y' �"�t��4;�tU ",l'�'.��"'r ��7�.� F�F"J,'� I7�Zi�kfi� A�d� **# � �+a� !�� '�� xwer �:��},�3��,�� '��' 'Y�` � � 1��t�� a�� , �� '�1rr�:ls�a�t�'�"��9i`�JfNii�7N i � ' �R+DF �S'�'� �;� ��t!� �!d �:�' � �c�ni+yru�r< ��'.��x i"vi� � �� ._... �..�.. .�..� � ��►�' ��" � L'��l�1��6C�D�.��8��' � � . ,� � � ` �+► � � ;,�- � �� .;�,� �;�, ��, � . �� . � y� �� ;.,� U P� �t '� � �� ?� �, i�. � �. yyy � �� ,r, t � �.� (� C �� 8/1/2013 CERTIFICATE OF SERVICE I,Mark A.Mateya,Esquire,hereby certify that I have served a copy of the foregoing document on the following person(s)by depositing a true and correct copy of the same in the United States Mail,by way of United States Mail, first class,postage prepaid, at Carlisle, Cumberland County, Pennsylvania addressed to: Roger B.Irwin,Esquire 60 West Pomfret Street Carlisle PA 17013 Karen M Greguras 1274 Estate Drive Los Altos CA 94024 �� . �,' � Mark A. Mateya, quire 55 W. Church Avenue Carlisle,PA 17013 (717)241-6500 � (717)241-3099 Faac Dated: Q�I I 2-I�3