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HomeMy WebLinkAbout11-19-13 1N RE: VELMA B. GEBHARD, : 1N THE COURT OF COMMON PLE�� OF � REAL PROPERTY OWNER : CUMBERLAND COUNT�PENNS�;VA�I� : ORPHANS COURT DIVIS�fJ� -- � � � C: � -- �, ' O� -t� .-:.- t�n r:a : FILE NO. 2013-00765 � .xri � —" , r � s��} ?�`:' : JUDGE THOMAS A. PLA(��; � �� �iF� .�-_ �,_ _ r�; �"' i, `�d '. L� r": C::� _ ? � ... , , ,., —" -. •_,. ' .. �-.1 � .. ` �, �.. {..' PETITION TO WITHDRAW AS COUNSE�. ::''� ; �-, `; �..,. �.,, —:i �r�* AND NOW, comes Petitioner, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, P.C., and petitions the Court as follows: 1. Your Petitioner has been retained by Respondent in the above captioned action, Terry J. Gebhard, to represent him in the instant proceedings. 2. A hearing is scheduled in this matter for Wednesday,November 27, 2013, at 1:30 p.m. in courtroom number 6 of the Cumberland County Courthouse, Carlisle, Pennsylvania," before The Honorable Thomas A. Placey. 3. Since his initial engagement in this matter, Petitioner has made repeated attempts to provide legal advice and assistance to Terry J. Gebhard, hereinafter "Respondent," in an effort to resolve the matters at issue without the need for litigation. 4. It has become evident that the positions taken by Petitioner, and Respondent, reflect irreconcilable differences in their positions, not only relative to the approach in this case, but also relative to the proposed final outcome of this case. 5. Petitioner's advice to Respondent has not be accepted and Petitioner is unable to represent Respondent in the circumstances where Petitioner's legal advice, counsel, and direction is ignored by Respondent. � 6. Due to the extensive and thorough difference of opinion between Petitioner and Respondent, efforts to resolve this pending action by agreement and compromise have been virtually non-existent. 7. Due to the extensive and thorough difference of opinion between Petitioner and Respondent, trial preparation has been virtually non-existent. 8. It is virtually impossible for Petitioner to represent Respondent further in this matter. 9. A copy of this Petition has been forwarded by email and regular mail to Terry J. Gebhard and to opposing counsel, David A. Baric, Esquire, together with a detailed explanation to Respondent, Terry J. Gebhard of what necessitated this action. WHEREFORE, Petitioner requests your Honorable Court to enter an Order allowing Petitioner to withdraw as counsel in this matter. Respectfully submitted, Br iffie, Esquire ' n Supreme Court ID No. 34349 GRIFFIE &ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-555 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: ( � � IE, Petitioner 1N RE: VELMA B. GEBHARD, : 1N THE COURT OF COMMON PLEAS OF REAL PROPERTY OWNER : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS COURT DIVISION : FILE NO. 2013-00765 : JUDGE THOMAS A. PLACEY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the �� day of November, 2013, cause a copy of the Petition to Withdraw as Counsel to be served upon Terry J. Gebhard, by email and by first-class mail, postage prepaid, and opposing counsel, David A. Baric, Esquire, by first-class mail,postage prepaid at the following addresses: Terry J. Gebhard 402 Howell Street Exton,PA 19341 Email: t_gebhard@hotmail.com David A. Baric, Esquire Baric & Scherer 19 West South Street Carlisle, PA 17013 DATE: 1 � 13 , Esquire ' 'o IE ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552