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Home My WebLink About11-20-13 : IN THE COURT OF COMMON PLEAS OF IN RE: ESTATE OF : CUMBERLAND COUNTY,PENNSYLVANIA DAVID W. MCKEE, : ORPHANS' COURT DIVISION deceased . : ESTATE FILE NO. 21-11-1320 �..: � � � � � � � � � PETITION OF COUNSEL FOR LEAVE TO WITHDR�� rc�„ � ,_�".,� a aa� � � ° � � � � � � � a o a' c, '-� ,� -�n c� � � .� � AND NOW, comes the Petitioner, Jerry A. Weigle, Esquire of Weig� �Assoc�es,�. � � � � � � . P.C., and seeks to obtain an Order granting Petitioner leave to withdrav�''his appeao�amce � on behalf of Respondent, Dianna M. Hippensteel, Executrix of the above-captioned Estate,upon the grounds hereinafter more fully set forth: 1. Petitioner is Jerry A. We�gle, Esquire of Weigle and Associates, P.C., located at 126 East King Street, Shippensburg, Cumberland County,Pennsylvania, 17257. 2. Respondent is Dianna M. Hippensteel, Executrix of the Estate of David W. McKee, residing at 243 Neil Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. Letters Testamentary were granted to said Respondent December 9, 2011, a copy of which is attached hereto and marked"Exhibit A." 4. A copy of the Last Will and Testament of David W. McKee dated November 26, 2008, duly admitted to probate in Cumberland County, PA on December 9, 2011, is attached hereto and marked"Exhibit B." � WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SH[PPENSBURG, PA 17257-1397 5. Petitioner was informally retained by Respondent to represent the above- referenced estate. No written fee agreement, however, was entered into primarily because of the unavailability of Respondent. 6. During the course of th�e representation, Petitioner has submitted periodic itenuzed billings for services. 7. Respondent presently owes Petitioner$4,500.00 as of November,2013. 8. Petitioner has repeatedly attempted to contact the Respondent both orally and in writing with respect to the overdue account balance, as well as other case related issues which required her attention. Respondent has, however, neglected to reply to any form of communication. 9. Correspondences from Petitioner dated November 7, 2013, January 17, 2013, and - February 6, 2013, were sent to Respondent informing her of her outstanding balance for attorney's fees as well as her urgent need to contact Petitioner regarding the status of her case including payment of the Pennsylvania Inheritance Tax, which is delinqueIIt. Attached hereto please find copies of such correspondences marked"Exhibit C,""Exhibit D"and"Exhibit E"respectively. 10. The Commonwealth of Pennsylvania, Department of Revenue sent Petitioner's oi�'ice a Notice of Delinquent Inheritance Tax da.ted October 22, 2013. A copy of such notice is attached hereto and marked "Exhibit F." The current Pennsylvania Inheritance Tax owed is $1000.54. This notice was forwarded to Respondent with correspondence from Petitioner's office dated October 29, 2013, a copy of WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 which is attached hereto and marked "Exhibit G." Such correspondence made clear the urgency of this matter, and gave a ten (10) da.y notice of the Petitioner's intent to withdraw from representation of the esta.te. 11. The continued representation of Respondent without payrnent of Petitioner's fees, the prospect of such payment, or necessary conununication and cooperation from , Respondent has resulted, and will fiurther result in an unreasonable financial burden on Petitioner, and good cause exists tlierefore under Rule 1.16 (a)(5)of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal. 12. Respondent has failed her obligation to Petitioner by her continued lack of communication and payment. Respondent has had more than sufficient time to retain new counsel if she so desires to continue with representation in this matter. 13.Petitioner's withdrawal from the representation of the estate and the Respondent herein, will not in any way adversely affect the proper administration of the estate of David W.McKee moving forwazd. • WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - i26 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 WHEREFORE, Petitioner requests this Honorable Court to grant Petitioner leave to withdraw his appearance on behalf of Respondent in this action under Rule 1.16 (c)(5)of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal. WEIGLE&ASSOCIATES,P. . . �"_ � � � � . Dated. � Je A. Wei , Esquire � Attorney ID#01624 126 East King Street , Shippensburg,PA 17257 � (717) 532-7388 WEIGLE & ASSOCIATES, P.G. - ATTORNEYS AT LAW - i26 EAST KIIVG STREET - SHIPPENSBURG, PA 17257-i397 : IN THE COURT OF COMMON PLEAS OF IN RE: ESTATE OF : CUMBERLAND COUNTY,PENNSYLVANIA DAVID W. MCKEE, : ORPHANS' COURT DIVISION deceased . � : ESTATE FILE NO. 21-11-13 20 CERTIFICATE OF SERVICE AND NOW, this,�day of November, 2013, I, Jerry A. Weigle, Esquire, � hereby certify that I have this day served Executrix, named below,.with a copy of the . foregoing Petition of Counsel for Leave ta Withdraw and Proposed Order attached thereto, by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: r Dianna M. Hippensteel,Executrix 243 Neil Road Shippensburg,PA 17257 WEIGLE&ASSOCIATES,P. . � By: : � , Je A. We le,Esquire Attorney ID#01624 126 East King Street Shippensburg,PA 17257 (717) 532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - i26 EAST KING STREET - SHIPPENSBURG, PA i7257-7397 r. REGISTER OF WILLS � CERTIFiCATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA ► No. 2011- 0�320 PA No. 21- 11- 1320 Es ta te Of: DA VlD W MCKEE (First,Middle,Lastl Late Of: SOUTHAMPTON TOWNSHIP � CUMBERLAND COUNTY Deceased Soci al Securi ty No: 159-24-978� WHEREAS, on the 9 th day of December 2011 an ins trumen t da ted Novemb�r 26th 2008 was admi tted to probate as the last will of DA VlD-W MCKEE lFirst,M/dd/e,Gastl late of SOUTHAMPTON TOWNSH/P, CUMBERLAND County, who died on the 16th day of �7'anuary 2011 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, GLENDA FARNER STRASBAUGH , Regi s ter of Wi 11 s in and for CtTN1BERLAND Coun ty, in the Commonweal th of Pennsyl vani a, hereby certify that I have this day granted Letters TESTAMENTARY to: DIANIVA.M HIPPENSTEEL who has duly qualified as EXECUTOR(R/X) and has agreed to admini s ter the es ta te according to 1 aw, a11 of whi ch ful l y appears of record in my offi ce a t CUMBERLAND COUNTY COURT HOUSE, � CARLISLE, PENNSYL VANIA. IN TESTIi�lONY WHEREOF, I have hereunto set my hand and affixed the seal of my offi ce on the 9th day of December 201 �. . egister o � � e y � EXHIBIT „ .. **NOTE** ALL NAMES ABOVE APPEAR FIRST, MIDDLE, LAST) �., t LAS7"�ILL A1�tD TESTAMEI�T I, DAVID W. McKEE, presently residing at 1166 Means Hollow Road, Shippensburg, Cumberland County, Pennsylvania, 17257 bei.ng of sound mind, memory and disposition, do hereby make,publish and declare this my Last Will and Testament, hereby revoking and making void all Wills by me at any time heretofore made. F.�ST. I ordeT and diiect the payment of a11 my legally �nforceable debts and funeral expenses as soon as may be convenient af�er my decease. SECOND. I give and bequeath aIl of my household contents and fiunishings located in my home known as 1166 Meazis Hollow �Road., Shippensbur�, Soutbanlpton Township, Cumberland County, Pennsylvania 17257 and the contents of the sheds and buses located on the same premises to my daughter,DIANNA M. ffiPPENSTEEL absolutely. �• I du'ect that my grandson, BRADLEY E. HIPPENSTEEL shall have an option to purchase my home real estate known as 1166 Means Hollow Road, Shippe�nsburg, Southampton Township, Cumberland County, Pennsylvania 17257 for the fu11 sum of$25,OOO.QO because of the many hours of labor he sperit on my behalf during my lifetime, upon the following tezms and conditions: . :,,:� ..� A. Said option must be exercised in writing within ninety (90) days,from the �' `� �a date my Last Will and Testament is adYrutted to Pmbate. � ` , � .. � _-.;_ .,.� c� - . :..�_ --- �,..- �t j ��- f� � ��'B. Fina1 settlement pursuant to this op�ion must occur within six(6)months -.� �_' � i �:--� -�-: a, ��n.� from the date of exercise of this option. :::L, `=' � w��,.`.� .,.. :., . . ,�-�, �..; '�: � �Z;-�L.1 . . � ;., � �.�C. Any death taxes which may become due and payable as a result of this �e -�- � Agreement, shall be paid solely by th�, said BItADLEY E. � v � ffiPPENSTEEL. FOURTH. I then give, devise and bequeath all of the rest, residue, and reruainder of mY est�ate, rea1, personal and mixed., whatsoever and wheresoever situate, to my children namely, EMiLY M.MR.,EY,DLt�NNA M. HIPPENSTEEL, GARY L.McKEE,ROSE A. LAUVER, � DEBBIE E.ALLEII��IAAN, SHARON L.McKEE, and DANIEL D. McKEE, in equal shares, on a per stirpes distribution basis. � � � . FIFTH. I nom.i.na.te, constitute and appoint my daughter, DIANNA M. � HIPPENSTEEL,to be the Executrix of this my Last Will and Testamen� In the event that she be unable to fulfill the duties of Executrix, I then nominate, constitute and appoint DA,NIEL D. McKEE to be the Executor of tlus my Last Will and Testament. , -�� a, '�� I�G'��-z. (s�� EXHIBi�' WEICiLE & ASSOCIATES, P.C. -ATTO ♦� ' N G STREET - SHIPPENSBURC3. PA 17257-939T � � SIXTH. I direct that my personal representatives shall not be required to give bond for the faithful performance of their du�ies in any jurisdiction. SE�i'ENTH. I direct that any and all death taxes which become due and payable upon my dea.th, unless otherwise specifically addressed herein, be bome equally by all of the beneficiaries named under this my Last Will and Testamen� IN WITNESS WHEREOF, I,DAVID W.McKEE have herevnto set my ha�ad and seal to this my I,ast Will and Testament, written on two (2)pages;the�rst page signed for identification . on1Y,this � day of G7t-�,.Gz� ,2008. ` 'li�i v'f 7 Ci��'�-�- � �SEAL� WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 'I26 EAST KlNG STREET - SHiPPENSBURG, PA i7257-l89? . � • � � This instrume�nt was by the Testator, on the date hereo� signed,published and declared by him to be his Last Will and Testament, in our presence, who at his request and in the presence of each other,we believing him to be of sound and disposing mi.nd and memory,have hereunto subscn�ed our names as witaesses. . � � �� , � . � , / � � COMMON'qVEALTH OF PENNSYLVANIA : : SS COI:fNTY OF CUMBERLAND � . I,DAVID�V.McI�E,the person whose name is signed to the foregoing instrument,having been duly qualified�according to law, do hereby acknowledge that I signed and executed t�e instrument as my Last Will;that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. . . . . � ��1�� Swom or affirmed to and acknowledged before me by D VID W. c,I�E.th Testator, � � � this ' day of 0lJ8. � � � .. . .-..�I o AR Jerry A Weig(e,Notary b.ic Sh!ppensbutg,PA Gumberl CoutYty t�mmission Expires Oct� `r 7,2010 WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KINC3 STREET - SHIPPENSBURG. PA 17257-139T J , + � COMMOrf WEALTH OF PENNSYLVAIVIA . . SS COUNTY 0►F CUMBERLAND : � We � , �-1�` /N b<t- ,�_ L , � ��n/ , �d � �� G2 the witnesses whose names are signed to the � foregoing instrument, being duly qualified according to law; do depose and say that we were present and saw DAVID W. McKEE, the Testator, sign and execute the instrument as his Last Will; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the heari.ng and sight of the Testator; signed the Will as �wi�aesses; and that to the best of our knowledge the Testator was at the time eighteen(18)or more . years of age and of sound mind and under no constraint or undue i.nfluence. � . � �� , . / � , C` � Sworn or affinned to and subscribed before me � by � � � L� f �/t' — /��N . . and � �� . . ses this��da of � 2008. , y �- NdTARiAL Jerry A Weigle, Public � � �S!�?t?�er�burg,PA Cumberland County �,. ^��sion Expires October 7,2010 MY . WEIGLE Sc A550CIATES. P.C. — ATTORNEYS AT LAW — i26 EAST KING STREET — SHIPPENSBURG. PA 1T25?-1397 , � � JERRYA.WEIGLE WEIGLE & ASSOCIATES, P.C. Attorneys-at-Law Aaeociatea 126 EAST KIIVG STREET J03EPH F.RUANE SHIPPENSBURG,PENNSYLVAN�A 17Z57-1397 RICHARD L.WEBBER,JR. TELEPHONE(71�532-7388 Ot Counsel FAX(71'n 532-5289 THOMA3 L.BRIGHT November?,2012 Mrs.Dianna M.Hippensteel 243 Neil Road Shippensburg,PA 17257 In Re: Estate of David W.McKee Dear Dianna: You will recall that I have contacted you on at least several occasions regarding the payment of PA inheritance tax with respect to your father's esta.te. Enclosed herewith is a copy of the fYrst delinquency notice that has been received due to the fact th�t inheritance tax owed in the amount of$941.70 has not been paid. In addition to that tax, you will note that the estate now owes an additional $30.42 in interest. How do you prapose to pay the tax at this juncture? Are you now prepared to list the real estate for sale since your son did not comply with the provision in the will requiring�that he settle with the estate and purchase the property within six months after he executed his option to purchase? This firm is also owed fees in the amount of$4,500 for our services in settling this estate. Obviously we need to talk. You should schedule an appointment to be held within the next week to ten days. Sincerely, WEIGLE&ASSOCIATES,P.C. Jerry A. Weigle JAW:Ik Enclosure �.XHIBIT ti� .. - BUREAU OFCOLLECTIONS� pennsylvania � TAXPAYERSbRVICES � � � PO BOX 281041 HARRISBUR(3 PA 17128-1oa1 • DEPARTMENT OF REVENUE NOTICE OF DELINQ UENT INHERITANCE TAX ,�,��,�,��„� . - JERRY A WEIGLE ESQ Notice Date: 11/02/2012 12 6 E K I NG S T Esta.te of SHIPPENSBURG PA 17257-1326 MCKEE DAVID W SSN: 159-24-9781 Date of Death: O 1-16-2 0 Z 1 File Number: 21 11-13 2 0 - Date of Assessment: 0 7-3 0-2 012 � ACN: 101 Department records ind.icate a delinquent inheritance tax liability for the esta.te identified above. Below is a summary of the delinquency. To avoid additional costs and interest,please pay the amount due within 15 -- c�ays of the d�t�of this notice. - - TAX INTEREST PENALTY CREDIT BALANCE 941 .70 30 .42 . 00 972. 12 The Inheritance and Esta.te Tax Act manda.tes the filing of a tax return and payment of all outstanding liabilities by a personal representa.tive-or a transferee of an esta.te within nine months of a decedent's death. We encourage you to ta.ke tlus opporhuiity to address your tax delinquency. If you fail to da so, your account may be referred to a collection agency and additional fees up to 39 percent of the amount due will be added to the liability. Please detach and return the lower portion of this notice with your payment to the Register of Wills of the county indicated. Make check or money order payable to: Register of Wills,Agen� If the above balance due was paid recently,please disregard this notice. If you have a.ny questions regarding this notice,please conta.ct: Hazrisburg Call Center 717-783-3000 1-800-447-3020(Services for taxpayers with special hearing and/or speaking needs) PLEASE RETURN THIS PORTION WITH YOUR PAYMENT TO TI�REGISTER OF WILLS IDENTIFIED Estate of: MCKEE DAVID W SSN: 159-24-9781 REGISTER OF WILLS DateofDeat�i: 01-16-2�11 1 COURTHOUSE SQUARE FileNumber: 21 i1-1320 CARLISLE PA 17013 Date of Assessment: 0 7-3 0-2 012 ACN: l 01 t .�xYA.wEic� WEIGLE & ASSOCIATES, P.C. Attorneys-at-Law Associabe� 126 EAST KING STREET JOSEPH P.RUANE SHIPPENSBURG,PENNSYLVANIA 17257-1397 RICHARD L.WEBBER,JR. . TELEPHONE(71'n 532-7388 Of Counsel FAX(71'n 532-5289 THOMAS L.BRIGHT January 17,2013 Mrs.Dianna.M. Hippensteel 243 Neil Road - Shippensburg,PA 1725? In Re: Estate of David W. McKee � Dear Dianna: Enclosed is a copy of my most recent correspondence to you with respect to your father's estate dated November 7, 2012, which has gone unanswered. The matters contained in this correspondence need your immediate attention. The purpose of this correspondence is simply to advise that if you ha.ve not at least attempted to schedule an appointment here in the office within the next ten(10)days,you will leave me no other choice but to notify the court that we will no longer continue to represent this estate and will take legal action, if necessary, to collect our fee for services rendered in tlus matter which are certainly justified taking into account all of the circumstances involved. Sincerely, WEIGLE&ASSOCIATES,P.C. Jerry A. Weigle JAW:Ik Enclosure EXHIBIT .. •+ � � .r�xnY A.wEicLE . WEIGLE & ASSOCIATES, P.C. Attorneys-at-Law As�ociat�s 126 EAST I�NNG STREET JO�SEPH P.RUANE SIiIPPENSBURG,PENNSYLVANIA 17257-1397 RICAARD L.WEBBER,JR. TELEPHONE(71�532-7388 Of Counsel FAX(71'n 532-5289 THOMAS L.BRIGHT February 6,2013 Mrs. Dianna M. Hippensteel 243 Neil Road Shippensburg, PA 1725? � In Re: Estate of David W. McKee Deaz Dianna: Enclosed herewith is an itemized billing for services rendered to date for your father's esta.te which is due and payable immediately. Also enclosed is a copy of a notice I intend to se�d within the next five (5) da.ys to the Cumberland County Register of Wills withdrawing from this matter as attomey for the estate. Please note that if our billing is not paid within the next thirty(30)days or other alternate atrangements made through this office, you will leave me no other option but to sue in the courts of Cumberland County to collect a just debt. Sincerely, WEIGLE&ASSOCIATES,P.C. Jerry A. Weigle JAW:Ik Enclosures EXHIBIT w � a COMMONWEALTH OF PENNSYLVANIA � HARRISBURG DISTRICT OFFICE DEPARTMENT OF REVENUE PA DEPARTMENT OF REVENUE 1825 STANLEY DRIVE HARRISBURG PA 17103-1256 � REV-875F0 AFP(10-0'n DATE: 10/2�/2013 JERRY A WEIGLE ESQ Esta.te of: 126 E KING ST SHIPPENSBURG PA 17257-1326 DAVID W MCKEE � Date of Death: 01/16/2 0 I 1 File Number: 21 11-13 2 0 A C N(s): (See Reverse Side) Dear JERRY A WEIGLE ESQ: - This is to aga.in advise you tha.t the above esta.te is in a delinquent sta.tus. According to Departnlent records,the esta.te still is not settled. As of this date,you have fa.iled to respond to prior contacts to resolve this matter. The Inheritance and Esta.te Tax Act mandates the filing of a taac return and payment of all outstanding liabilities by the personal representative,transferee, or beneficiary of the estate within nine months of the decedent's dea.th. The Department's records show that this esta.te remains open because: CURRENT TAX LIABILTTY OF$ 10�0 0 .5 4 INCLUDING INTEREST CALCULATED TO 11/16/2 013 HAS NOT BEEN PAID. Accordingly,you aze directed to pay all tax due including interest within thirty da.ys from tb.e date of this letter. If you fail to comply with this directive,your case will be referred for local enforcement and may result in the filing of a cita.tion by this Depa�tment with the Orphans'Court Division of the Court of Common Pleas,requiring you to appear in court to show cause for your failure to comply with the law. In order to protect the Commonwealth's interest,the Depar�ment of Revenue may also file a lien in C u m b e rl a n d C o u n t y Under Act 40 of 2005,additional collection costs including but not limited to fees of up to thirty-nine percent(39%�of the amount due,and attoxney fees incurred in securing payment,may be imposed on any liability not paid prior to referral to a collection agency or contract counsel. MAKE CHECKS PAYABLE TO: Sincerely, REGISTE�tUFWILLS,AGENT ANASTASIA DIBART�LOMEO Any qnest�tons regarding the taz ha�ility of th�s estate,please c 717)4 2 5-7 7 0 4 CONTACT: cc: HARRISBURG DISTRICT OFFICE DIANNA HIPPENSTEEL PA DEPARTMENT OF REVENUE 243 NEIL RD 1825 STANLEY DRIVE SHIPPENSBURG PA 17257-9403 HARRIS.BURG PA 17103-1256 � � TDD#1-800-�447-3020(Services for �HIBIT with special hearing and/or speakin � �• �� DATE: 10/22/2013 Page � Estate of: DAVID W MCKEE Date of Death: O1/16/2011 File Number: 2111-1320 � PLEASE SUBMIT A COPY OF THIS PAGE WITH YOUR PAYMENT. � ACN Tax Interest Penalty Total 101 941 .70 58.84 0 . 00 1000 .54 �x�YA.wEiGLE WEIGLE & ASSOCIATES, P.C. Attorneys-at-Law Asaociates 126 EAST IQNNG STREET JOSEPH P.RUANE SHIPPENSBURG,PENNSYLVANIA 17257-1397 RICHARD L.WEBBER,JR. TELEPHONE(71�532-7388 Of Counael FAX(71�532-5289 THOMAS L.BRIGAT � � October 29,2013 Mrs. Dianna M. Hippensteel 243 Neil Road Shippensburg,PA 17257 . In Re: Estate of David W. McKee Dear Dianna: The enclosed delinquency notice of overdue payment of PA inheritance tax in your father's estate was recently received here in the office and requires your immediate attention. These notices and any other esta.te correspondence still come to our off'ices since we have yet to formally petition the court to be removed from any fu.rther responsibility as attorney for this estate, due to an utter lack of communication and cooperation on your part. Giving our representation one last chance, we will agree to continue your representation in this matter assuming that you begin cooperating immediately. If you still want our involvement, you must notify me within the next ten (10) business days; otherwise we will file a petition with the court asking to be removed from any further involvement in the estate of David W. McKee. Sincerely, WEIGLE&ASSOCIATES,P.C. Jerry A.Weigle , JAW:Ik Enclosure EXHIBIT .. � �