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Home My WebLink About04-02-15 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA �" ORPHANS' COURT DIVISION � � � � O � C7 � � � � � � IN RE: Estate of WILLIAM L. KREMKAU, Deceased F� '' `— W� `� ,. � N �-,-� � Estate No. 2014-00200 � ''' ,`: "-�' `�' �" <,:� � .. s_� � —� ..�7 �'t ,, ...�., � � .,r.� � ..... .- _,,�.. _... PETITION TO WITHDRAW AS COUNSEL FOR THE� �� EXECUTRIX OF THE ESTATE OF WILLIAM L. KREMKAU cz� -n Debra K. Wallet, Esq., counsel for the Executrix of the above-captioned Estate, hereby requests an Order permitting her to withdraw as counsel and states in support of her request as follows: 1. The undersigned was retained by the Executrix of this Estate on March 5, 2014, and entered into a fee agreement (copy attached as Exhibit A) with the Executrix. 2. Acting in reliance on this document, Counsel prepared and filed a Petition for Grant of Letters Testamentary (copy attached as Exhibit B), advanced the probate fees and contacted creditors of the Estate. 3. The undersigned has repeatedly attempted by letters dated July 17, October 6, November 14, and December 4, 2014 and by telephone to obtain information from the Executrix regarding the assets of the Estate and her administration of the Estate assets. 4. The Executrix has been unresponsive and has refused to provide anything to counsel regarding the administration of the Estate or to respond in any way to Counsel's communications. � � 5. The undersigned had no information to enable her to prepare the Pennsylvania Inheritance Tax Return which was due November 21, 2014, or any other documents required to be filed as part of the administration of the Estate. 6. Counsel received Notice of an Overdue Inheritance Tax Return dated February 21, 2014. 7. Further efforts to contact the Executrix have been unsuccessful. 8. The undersigned, by letter dated December 4, 2014 (copy attached as Exhibit C), advised the Executrix that unless all of the information requested had been received by December 14, 2014, she would petition to withdraw as counsel. This letter was sent both regular and certified mail. The return card was signed by someone at the last known address of Executrix but not by the Executrix. 9. To date, Counsel has received no contact from the Executrix, no information has been received, and no payment has been made on Counsel's fee. 10. Counsel cannot perform her duties as attorney without the cooperation of her client. WHEREFORE, it is respectfully requested that Debra K. Wallet, Esquire, counsel for the Executrix of the Estate of William L. Kremkau, be relieved of her obligation as counsel. Respectfully submitted, �,,Q�,h� 1�. c.,.�,d.�•.�" Debra K. Wallet, Esquire 24 North 32°a Street Camp Hill, PA 17011 (717) 737-1300 I.D. No. 23989 N�3�� ;+ � ��js eLaw O��ices o� ��.��.��i� 24 N. 32nd STREET CAMP HILL,PA 17011-2917 PHONE: (717)737-1300 E mail:WalletdeU@aol.com FAX: (717)761-5319 March 4, 2014 Cheryl Layos, Executrix Estate of William L. Kremkau 26 Meadowbrook Court New Cumberland, PA 17070 Dear Ms. Layos: Thank you for retaining me to serve as attorney for you in your capacity as Executrix of the Estate of William L. Kremkau. At this time, I would like to confirm our agreement concerning how I will be paid. I will charge a flat rate of$3,500 (based on the anticipated size of the Estate) for the following services: a. reviewing and analyzing the will or advising you as to the persons who will take the deceased's estate according to law and providing advice throughout the Estate administration process; b, preparing the petition for probate and related documents; c. traveling with you to the Carlisle Court House to file the petition for • probate; d, advising you as to your duties and responsibilities as you perform your Executrix duties; e. helping you to set up an Estate account, including the obtaining of a tax ID number; f, preparing the formal notices to heirs and the certitication which must be filed with the Court; g. helping you collect and appraise the assets of the estate; h, preparing an inheritance tax estimate to take advantage of the three- month discount period; i, preparing the Estate inventory to be filed with the Court; j, filing the inheritance tax return(s) and any routine fiduciary tax returns; k. closing the estate by informal accounting; and l. preparing receipts and releases for persons receiving benefits from the estate, a process required to close the estate by informal accounting. It is estimated that it will take 9 months to a year to complete this process. EXHIBIT A Cheryl Layos, Executrix March 4, 2014 Page Two You will be expected to keep excellent records of all deposits into, and expenditures from, the Estate account. Please do not comingle your money with the Estate money. Please provide me with copies of the Estate account bank statements on a monthly or quarterly basis. I will ask you to reimburse my firm for any costs which have been advanced, such as payment of the probate fees and for the Estate advertising should we decide to do so. These costs will be due upon receipt. After that, actual costs cail be paid directly fr:,m_ the Estate account. My hourly rate for services other than those listed above is $250.00 per hour. You will be billed at my hourly rate for all professional services and advice, including: a. advising you as to additional tax consequences; b. summarizing and seeking formal Court approval for your actions, if necessary c. appearing as your counsel in any Court proceedings. If I perform work at the hourly rate, you will receive an itemized statement of the time I have expended. One half of my flat fee will be expected at the filing of the Pennsylvania lnheritance Tax Return and the balance of my fee will be due upon making final distribution to the beneficiaries at the very end of this process. The Estate will be charged interest at a rate of 1�/z percent per month for any balance not paid within thirty (30) days from the date on any bill which I would send to you. You will be responsible for filing any federal, state, and local income tax returns for the period prior to the death of your father, should these returns be required. I do not do this income tax work but I would be willing to put you in touch with a local certified public accountant if you need a referral. In the event that fiduciary tax returns require the assistance of an accountant (that is, they are other than the routine ones which I will do), I will assist you in obtaining an accountant to do this work. If this fee arrangement is acceptable to you, please sign the attached page and return one copy to my office. You may retain the other copy for your records. Cheryl Layos, Executrix March 4, 2014 Page Three Should you have any questions at any time during the course of the estate administration, please do not hesitate to telephone me. Sincerely yours, ��s�`�•�� Debra K. Wallet DKW/mm Enc. ACCEPTANCE OF FEES AND COST5 As Executrix of the Estate of William L. Kremkau, I agree to pay Debra K. Wallet, Esq., the costs and fees described above. � ,;.., � - j r�� / � / �-i �1 I J�:1.� i .��1,t�. J.�!�-'"� � J�i�i...�. ��y. �� DATE: ,_�O�`��-=��L�'� CHERYL LAYOS, Executrix � : ��0�� C��i OO � ��'��G�� 8��'�� F�99�L� �� 4�if�il[��P�G�� D�9�Y, f�I�V��V�@��6�@A Petitioner(s) named below,who is/are 18 years of age or older, apply(ies)for Letters as specified below, and in support thereof aver(s)th� following and respectfully requests the grant of Letters in the appropriate form: Cheryl Layos DecedenYs Information Pfame: William L Kremkau File filo: 21 -14 a/k/a: (Assigned by Register) a/k/a: a!k/a: Social Security IVo: 209-12-6145 Date of Death: 02/21/2014 Age at Death: 88 Decedent wras domiciled at death in Cumberland County, PA (State) with his/her last principal residence at 597 Locust Lane,Mechanicsburg 17055 Upper Alien Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Messiah Village Mechanicsburg Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedenYs property at death: !f domiciled in Pennsylvania........................ Ail personal property $ 95,000.00 If not domiciled in Pennsylvania................. Personal property in Pennsylvania � If not domiciled in Pennsy/vania................. Personal property in County $ Value of rea!estate in Pennsylvania........... $ TOTAL ESTIMATED VALUE$ 95,000.00 Real estate in Pennsylvania situated at (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code Cily,Township or Borough County Q A. Petition for Probate and Grant of Letters Testamentarv Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 09/10/2001 and Codicil(s) thereto dated (State reievant circumstances,e.g.,renunciation,death of executor,etc.) Except as foliows:after the execution of the instrument(s)offered for probate,Decedent did not mar ,was not divorced,was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.�§3323(g),and did not have a child born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. � NO EXCEPTIOMS QX EXCEPTIONS Decedent married after execution of Will ❑ B. Petition for Grant of Letters of Administration (�f applicable) c.t.a.;d.b.n.;d.b.n.c.t.a.;pedente lite;durante absentia;durante minoritate If Administration,c.t.a or d.b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs. Except as follows:Decedent was not a party to pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. ❑X NO EXCEPTIONS� EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Dea:dznt left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets,if necessary): Name Relationship Address Form RW-02 rev.�0-11-201� Copyright(c)20�1 form software only The Lackner Group,Inc. Page 1 of 2 EXHIBIT B dCLW O��tLCS O� ��59�H1.��t�LLSJ� 24 N. 32nd STREET CAMP HILL,PA 170ll-2917 PHONE: (717)737-1300 E mail:Walletdeb@aol.com FAX: (717)761-5319 December 4, 2014 (Regular and certified mail) Cheryl Layos, Executrix Estate of William L. Kremkau 26 Meadowbrook Court New Cumberland, PA 17070 RE: Estate of William L. Kremkau Dear Ms. Layos: On October 6, I wrote to you requesting information needed to prepare the Pennsylvania lnheritance Tax Return for your father's estate. Follow up telephone calls were made and messages were left on October 31 and November 6. On November 10, my assistant left you a message that if we did not receive the requested information by Wednesday, November 12, the return would not be completed by the November 21 due date. On November 14, I wrote again and asked you if there was a problem and when I could expect the information needed to complete the inheritance tax return. To date, I have heard nothing from you—no calls and absolutely no records. Be advised that if I have not received all the information needed to complete the Pennsylvania lnheritance Tax return within ten (10) days of today's date, I intend to withdraw as your counsel and bill you for the time expended to date. Sincerely yours, ,�� . '.j l.. { Debra K. Wallet DKW/s EXHIBIT C . I 0 � • i D ■ Com lete items 1 2 and 3.Aiso com lete A. Signature ; ' �1 ° P , , P ° � � � �' ❑A ent item 4 if Restricted Delivery is desired. � � 3 � s ■ Print your name and address on the reverse � --�.x_ � -1 t `��, ;� ❑Addressee so that we can return the Card to you. B. Received by(Printed�lame) ~ C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address diffe2nt from item 1? ❑Yes , 1. Article Addressed to: If YES,enter delivery address below: ❑No l�f'�:;�� t.a;��l,i-`J� ��i.ti.i"�"-t� �� ,}�-�i�-�c �': �,.�•i 1;y:�i'l��. �.�-r='�.s'Y��--�,�?l;� ��;. �,�\.y;�,�i�4_ti��%�`Cv \�:L� 1 � � 3. S rvice Type I\!�:�,'.=f ��+,.'t rYl�'`,�t-��'�`G%�� t-'� �I l> 1� �Certified Mail ❑Express Mail ❑Registered ❑Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. ArticleNumber 7p11 297� 0��2 �573 2460 (71�ansfer from servlce fabel) _ PS Form 3811,February 2004 Domestic Retum Receipt 102595-02-M-1540; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: Estate of WILLIAM L. KREMKAU, Deceased Estate No. 2014-00200 PROOF OF SERVICE I, Debra K. Wallet, Esquire, hereby certify that on Apri12, 2015, I served a copy of the attached PETITION TO WITHDRAW AS COLTNSEL FOR THE EXECUTRIX OF THE ESTATE OF WILLIAM L. KREMKAU by regular first class mail, postage pre-paid, addressed as follows: Cheryl Layos, Executrix Estate of William L. Kremkau 26 Meadowbrook Court New Cumberland, PA 17070 t�j�+,�," �C. �J�.r Debra K. Wallet, Esq. 24 North 32°d Street Camp Hill, PA 17011 (717) 737-1300 LD. No. 23989