HomeMy WebLinkAbout12-04-13 �
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IN RE: : IN THE COURT OF CO MON PI��AS� m
: CUMBERLAND COUN�' ENN
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ESTATE OF CLARICE E. FLESHER : �, � ,�, � „'�'',� �
: NO. 21-12-1033 �' �" '� � �'
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MOTION TO WITHDRAW AS COUNSE� �, � � � � �
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COMES NOW, Howard B. Krug, Esquire, counsel to Scott E�Flesher,�'acec to''�
for the Estate of Clarice E. Flesher, and files the following Motion to Withdraw:
1. Movant is Howard B. Krug, Esquire, attorney for Scott E. Flesher,
Executor for the Estate of Clarice E. Flesher.
2. Respondent is Scott E. Flesher, Executor for the Estate of Clarice E.
Flesher (hereinafter"Executor").
3. Clarice E. Flesher died on November 3, 2010.
4. Scott E. Flesher was named Executor under the Last Will and Testament
of Clarice E. Flesher. Said Will is attached hereto as Exhibit A.
5. On August 16, 2012, Movant was retained by Executor to provide
representation on behalf of Clarice Flesher's Estate.
6. Certificate of Grant of Letters was issued to Scott E. Flesher I�y
Cumberland County Register of Wills on September 21, 2012.
7. No advertising was undertaken as counsel was never given funds to do
so.
8. Movant has undertaken representation pursuant to a written fee
agreement (hereinafter"Agreement") between the parties, which required
Executor to pay for Movant's services on an hourly basis, and remain
current with all billings.
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9. There has been very limited contact from Executor, who has opted to
do things on his own, leaving Movant with an inability to represent the
Estate.
10. Client has been unresponsive to telephone calls and letters from counsel
since June 19, 2013, notwithstanding repeated demands and questions
regarding status from the Pennsylvania Department of Revenue,
Inheritance Tax Division.
11. On October 17, 2013, Movant contacted Executor via correspondence
advising that if no contact was received from him within five (5} days of
receipt of the letter, Movant would be compelled to withdraw from the
Estate.
12. Over thirty days have elapsed since Movant's correspondence without any
response from Executor.
13. Executor's lack of communication and failure to fund the Estate costs, as
well as his taking actions without or contrary to advice of counsel have
made it impossible for Movant to fulfill his professional obligations to
protect the interests of the Estate.
14. In addition to the lack of responsiveness, despite the terms of the
. Agreement, Executor has not remained current with fees and costs.
15. Movant requests that he be granted permission to withdraw as counsel for
to the Estate of Clarice E. Flesher.
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WHEREFORE, Movant respectfully requests this Honorable Court to issue a
Rule upon Scott E. Flesher, Executor for the Estate of Clarice E. Flesher, to show
cause why Movant should not be permitted to withdraw as counsel for the Estate.
PURCELL, KRUG & HALLER
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BY: \ ._
Ho ard B rug, Es ' e
ID . 6
1719 . n Street
Harrisburg, PA 17102
(717) 234-4178
Date: �- �- 01
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LAST WILL AND TESTAMENT OF
CLARICE E. FLESHSR
I, CI�ARICE E. FLESHER, of Mechanicsburg, Pennsylvania,
declare this to be my Last Will and Testament, and revoke any
and all Wills and Codicils made by me.
ITEM I: I direct that all my just debts and funeral
expenses, including my grave marker and all expenses of my last
illness, shall be paid from my residuary estate as soon as
practicable after my decease, as a part of the expense of the
� administration of my estate.
ITEM II: I give, devise and bequeath the rest, residue
. and remainder of my estate of every nature and wheresoever
situate outright to my spouse, THOMAS J. FLESHER, on condition
that my spouse� survive me by thirty (30) days. ,
IT�+I III: In the event my spouse, THOMAS J. FLESHER,
predeceases me or fails to survive me by thirty (30) days, I
give, devise and bequeath the rest, residue and remainder of my
estate of every nature and wheresoever situate to my son, SC�TT
E. FLESHER, or his issue, Per stirpes.
ITEM IV: All Federal, state and other death taxes payable
because of my death with respect to the property forming my
gross estate for tax purposes, whether or not passing under
this Will, including any interest or penalty imposed in
connection with such tax, shall be considered a part of the
expense of the. administration of my estate and shall be paid
� EXHIBIT
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out of the
residue of my estate, without apportionment or right
of reimbursement.
ITEM
y; I direct that no executor serving hereunder be
required to p
ost bond or enter security in any jurisdiction.
� I a oint my spouse, THOMAS J. FLESHER, Executor
ITE�+i VI: PP
of this my Last Will. Should my said sp
ouse, THOMAS J.
ualif or cease to act as Executor, I appoint
FLESHER, fail to q Y
my son, SCOTT
E. FLESHER, Executor of this my Last Will and
Testament. �
IN WITNSSS
y,�ggggpg, I have hereunto set my hand and seal
� .,� day of %11�-i,�.C� .
1993.
this
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CI,p,RIC � . FLESHER
The p
receding instrument, consisting of this and one
ritten page, Was� on the date thereof signed,
other typew the Testatrix
ublished and declared by CL�ICE E. FLESHER, ,
P resence of us,
as and for her Last Will, in the p
therein named. resence of
o at her request, in her presence, and in the p o•
wh ,
er have subscribed our names as witnesses heret
each oth ,
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COMMONWEALTH OF PENNSYLVANIA :
SS:
COUNTY OF DAUPHIN :
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WE, CLARICE E. FLESHER,
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f , the Testatrix and the witnesses,
respectively, whose names are signed to the attached or
foregoing instrument, being first duly sworn, do hereby declare
to the undersigned authority that the Testatrix signed and
executed the instrument as her Last Will, and that she had
signed willingly and that she executed it as her free and
voluntary act for the purposes therein expressed, and that each
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of the witnesses, in the� presence and hearing of the Testatrix,
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signed the Will as witnesses and that to the best of their �
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knowledge the Testatrix was at that time eighteen years of age "
or older, of sound mind and under no constraint or undue .
influence.
� ����,r� � �.� ��-
CLARICE E. FLESHER
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Subscribed, sworn to and acknowledged before me by CLP,RICE
E. FLESHER, the Testatrix, and subscribed and sworn to before
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me by � -c /� and !� � � � •
witnesses, this ,�(T day of ���`e.,�•.�... , 1993.
Notary Publ'c
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CERTIFICATE OF SERVICE
1, Angela S. Shaffer, employee for the law firm of Purcell, Krug & Haller, do
hereby certify that I served a true and correct copy of the within Motion to Withdraw
upon the following by depositing same in the United States Mail, First Class Mail,
postage prepaid, addressed as follows on er�, 2013:
Scott E. Flesher
517 E. Winding Hill Road
Mechanicsburg, PA 17055
Scott E. Flesher
31 E. Winding Hill Road
Mechanicsburg, PA 17055
Angela . Shaffer