HomeMy WebLinkAbout09-05-13 Mark W.Allshouse,Esquire
Attorney 1D#78014
4833 Spring Road
Shermans Dale, PA 17090
(717)582-4006
n
In re: : IN THE COURT OF COMMON P A>S
CUMBERLAND COUNTY, PENT STVANtA r-.7 r77
Estate of Rodney L. Campbell, Sr., A :� ;•'
: NO. 21-09-0841 a ,. G,
Deceased : ORPHAN'S COURT tin
c, C�, `o c -
-Z3
PETITION FOR LEAVE TO WITHDRAW '
AS COUNSEL FOR THE ESTATE OF RODNEY L. CAMPBELL, SR."5) L:,
AND NOW comes Mark W. Allshouse, counsel of record for the above-referenced Estate'
of Rodney L. Campbell, Sr., Deceased, and files this Petition for Leave to Withdraw as legal
counsel for the Estate pursuant to Pennsylvania Rules of Professional Conduct Rule 1.16(b) and
in support thereof avers as follows:
1. Rodney L. Campbell, Sr. died on August 22, 2009.
2. The undersigned counsel and Co-Administrators of the Estate entered into a
written fee agreement dated September 3, 2009, setting forth payment of fees due to the
undersigned.
3. Rodney L. Campbell, Jr. and Christopher N. Campbell, Sr. were appointed as Co-
Administrators C.T.A. by the Register of Wills of Cumberland County on September 8, 2009 and
the Estate was docketed to File No. 21-09-0841.
4. The Inheritance Tax Return for the Estate was filed on November 15, 2010.
5. Notice of Appraisement was received from the Department of Revenue and all
taxes have been paid.
6. Currently, to the best of the undersigned counsel's knowledge, there is $209.69 in
the Estate checking account and Estate debt of approximately $24,956.88.
7. An Accounting needs to bP filed to complete the Estate,which will incur
substantial fees and costs,
8. Undersigned counsel agreed to decrease the agreed upon fee of$5,236,15 to
$3,090, but has only received payment of$1,500 to date and has been attempting to work with
the Co-Administrators of the Estate for payment of the remaining outstanding fees.
9. Despite notice and request, the Co-Administrators have failed to make payment of
those fees and have had no contact with undersigned counsel since February of 2012.
10. Pennsylvania Rule of Professional Conduct 1,16(b)provides in pertinent part:
"A lawyer may withdraw from representing a client if:
(5) the client fails substantially to fulfill an obligation to the
lawyer regarding the lawyer's services and has been given reasonable
warning that the lawyer will withdraw unless the obligation is fulfilled;
(6) the representation will result in an unreasonable financial
burden on the lawyer or has been rendered unreasonably difficult by the
client."
11, Based upon this non-payment of fees and lack of communication, the
undersigned requested the Co-Administrators to execute documents consenting to his
withdrawal and evidencing their agreement thereto. No response has been received from
either Executor. True and correct copies of unexeeuted Consents to Withdraw as Counsel
and cover letter are attached hereto and made a part hereof marked as Exhibit "A".
12. The current addresses of the Co-Administrators are as follows:
Rodney L Campbell,Jr. Christopher N. Campbell, Sr.
2520 Spring Road 936 700 Road
Carlisle, PA 17013 New Oxford,PA 17350
13. It is not believed that the Estate or Co-Administrators will suffer any undue
prejudice as a result of the undersigned's withdrawal as counsel.
14. There has been no prior Judge involved in this matter, nor are there any pending
Court hearings or deadlines, nor has the matter been listed for hearing.
15. No hearing or argument is requested and no discovery is necessary.
WHEREFORE, Mark W. Allshouse, Esquire, respectfully requests this Honorable Court
to enter the attached Order granting counsel's Petition for Leave to Withdraw as Counsel for the
Estate of Rodney L. Campbell, Sr..
p� Respectfully submitted,
p
Date: Il 1��3
k W. Allshouse Esquire
A orney ID# 7801
48 3 Spring Road
Shermans Dale, PA 17090
(717) 582-4006
Attorney for Estate
GaRis7/qy
LAWYER
Mark W. Allshouse, Esquire
s64UT%00 4833 Spring Road •5hermans Dale,PA 17090 •A 717.582.4006 •f.717.582.7476
e. mark@christian]aWyersolutions.com• i. christianlawyersolutions.com
August 15, 2013
Rodney L. Campbell, Jr. Christopher N. Campbell, Sr.
2520 Spring Road 936 700 Road
Carlisle, PA 17013 New Oxford, PA 17350
Re: Estate of Rodney L. Campbell, Sr.
Dear Gentlemen:
It has been some time since this estate has stalled. If you will recall, originally I had
reduced my fee and had agreed to accept a reduced fee in order to finalize the estate. To date,
despite invoicing for the same, 1 have not received the fee. As a result, I intend to file a Petition
with the Court of Common Pleas of Cumberland County to be removed as attorney of record in
this matter.
I am unable to move forward to complete the estate without receiving the outstanding
balance due of$1,590 which in no way covers the amount of time and costs which have been
placed into this matter, but is simply to afford me the ability to file the document and receive
some compensation for the time and expense necessary to have the remainder of the estate
debts and claims of heirs discharged against not only the estate, but you as the Executors
thereof.
I have enclosed herewith a Consent to allow me to withdraw as counsel. I am
requesting that you each execute the Consent and date it and return it to my office so that 1 may
advise the Court of your position. If the Consents are not forthcoming, I will move forward and
file the Petition without consent, advising the Court that I am unable to complete the estate and
have not been paid the fees agreed to in our written fee agreement.
Please understand that 1 am writing this letter because I do not wish to continue
representing you if your intention is not to finalize the estate. There are no hard feelings, but I
continue to receive requests for status updates from the Register of Wills of Cumberland County
to which 1 do not have a response as to when the estate may be completed. By withdrawing,
that responsibility will be given to you.
Please contact me should you have any questions. If I do not hear from you or, in the
alternative, receive executed Consents by the end of this month, i will move forward with filing
my Petition to Withdraw, of which you will receive notice and have the opportunity to be heard.
Otherwise, I hope all is well with you and your families.
Very truur n/1�i
ark W. Allshouse
MWAlsa
Enclosure
In re: : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Rodney L. Campbell, Sr.,
Deceased NO. 21-09-0841
CONSENT TO WITHDRAW AS COUNSEL
I, Rodney L. Campbell, Jr., Co-Administrator of the Estate of Rodney L. Campbell, Sr.,
having previously retained Attorney Mark W. Allshouse through fee agreement, do hereby
consent to his withdrawal as counsel of record in the above-referenced estate.
Date:
Rodney L. Campbell, Jr., Co-Administrator of
the Estate of Rodney L. Campbell, Sr.
1s rJg4,
LAWYER
s64UTIO 4833 Spring Road • Sherman Dale,FA 17090 -p.717.5814006 •f.717582.7476
e. mark @christianlawyersolutions.com • i. christianlawyersolutions.com
August 15, 2013
Rodney L. Campbell, Jr. Christopher N. Campbell, Sr.
2520 Spring Road 936 700 Road
Carlisle, PA 17013 New Oxford, PA 17350
Re: Estate of Rodney L. Campbell, Sr.
Dear Gentlemen:
It has been some time since this estate has stalled. If you will recall, originally I had
reduced my fee and had agreed to accept a reduced fee in order to finalize the estate. To date,
despite invoicing for the same, I have not received the fee. As a result, I intend to file a Petition
with the Court of Common Pleas of Cumberland County to be removed as attorney of record in
this matter.
I am unable to move forward to complete the estate without receiving the outstanding
balance due of$1,590 which in noway covers the amount of time and costs which have been
placed into this matter, but is simply to afford me the ability to file the document and receive
some compensation for the time and expense necessary to have the remainder of the estate
debts and claims of heirs discharged against not only the estate, but you as the Executors
thereof.
I have enclosed herewith a Consent to allow me to withdraw as counsel I am
requesting that you each execute the Consent and date it and return it to my office so that E may
advise the Court of your position. If the Consents are not forthcoming, I will move forward and
file the Petition without consent, advising the Court that I am unable to complete the estate and
have not been paid the fees agreed to in our written fee agreement.
Please understand that I am writing this letter because I do not wish to continue
representing you if your intention is not to finalize the estate. There are no hard feelings, but I
continue to receive requests for status updates from the Register of Wills of Cumberland County
to which I do not have a response as to when the estate may be completed. By withdrawing,
that responsibility will be given to you.
Please contact me should you have any questions. If 1 do not hear from you or, in the
alternative, receive executed Consents by the end of this month, I will move forward with filing
my Petition to Withdraw, of which you will receive notice and have the opportunity to be heard.
Otherwise, I hope all is well with you and your families.
f UIy�JQ Urs,hous a
Enclosure
In re: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Rodney L. Campbell, Sr.,
Deceased NO. 21-09-0841
CONSENT TO WITHDRAW AS COUNSEL
I, Christopher N. Campbell, Sr., Co-Administrator of the Estate of Rodney L. Campbell,
Sr., having previously retained Attorney Mark W. Allshouse through fee agreement, do hereby
consent to his withdrawal as counsel of record in the above-referenced estate.
Date:
Christopher N. Campbell, Sr., Co-Administrator
of the Estate of Rodney L. Campbell, Sr.
Mark W.Allshouse,Esquire
Attorney ID#2 78014
4833 Spring Road
Shermans Dale,PA 17090
(717)582-4006
In re: : IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Rodney L. Campbell, Sr.,
NO. 21-09-0841
Deceased : ORPHAN'S COURT
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document has been duly served upon the
following, by depositing a copy of the same in the United States Mail, first-class, postage
prepaid, as follows:
Rodney L. Campbell, Jr.
2520 Spring Road
Carlisle, PA 17013
Christopher N. Campbell, Sr.
936 700 Road
New Oxford, PA 17350
Datel Ltil 5t
JA rk . Allshouse, Es dire
orney ID # 78014
4833 Spring Road
Shermans Dale, PA 17090
(717) 582-4006
Attorney for Estate