The URL can be used to link to this page

Home My WebLink About10-04-06 RECEI'lEI) OCT 4 2006 ESTATE OF MILDRED I. HERSHBERGER : IN THE COURT OF COMM : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION EDWARD L. HERSHBERGER and BARBARA S. MARVEL, Co-Executors : NO. 2005-00238 ~o <i~p /fTl _':i~ -: J (~) l~-n .::0 ::~:} --i J-~:"- r-...> =:> = =' o (J --l I N ~ -Jlo. :n I .1 C) {~~1'~ l.,) r !I \,.=-) r' C) , "'" -'-1 c~'5 I""n PETITION FOR LEAVE TO WITHDRAW N .:::- U1 AND NOW, comes Marielle F. Hazen, Esquire, of the Law Office ofMarielle F. Hazen, to petition this Honorable Court for Leave to Withdraw as counsel for the Co-Executors, and respectfully represents: 1. On April 14, 2005, Marielle F. Hazen, Esquire was retained by Edward L. Hershberger and Barbara S. Marvel, Co-Executors of the Estate, to act as attorney for the Estate of Mildred I. Hershberger. (Attached as Exhibit "A" is the fee agreement signed by Edward L. Hershberger and Barbara S. Marvel). 2. Petitioner began the probate process, including but not limited to the probate Petition, 5.6 notices and certificate, advertising, inheritance tax return preparation and filing, and other estate matters. 3. Administration of the estate is not complete. Federal and state fiduciary income tax returns and the Settlement Agreement and Statement of Account have not been prepared or filed, and estate expenses have not been satisfied. 4. From September 30, 2005 through the present, Petitioner has repeatedly sent letters and telephoned the Co-Executors to address outstanding estate matters, including payment of delinquent estate expenses and legal fees, in the administration of the Estate of Mildred I. c Hershberger. Edward L. Hershberger and Barbara S. Marvel failed to satisfactorily respond to Petitioner's correspondence and/or follow the advice of Petitioner in administering the estate. 5. Edward L. Hershberger and Barbara S. Marvel owe to Petitioner legal fees in the amount of$I,623.57 which have accumulated since August 2005. 6. Petitioner's representation of Edward L. Hershberger and Barbara S. Marvel is ineffective due to their refusal to follow the advice of counsel and to pay legal fees associated with the administration of the estate and, therefore, good cause exists under Rule 1.16(c)(5) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal. 7. Withdrawal of counsel can be accomplished without material adverse effect to the interests of Edward L. Hershberger, Barbara S. Marvel, or the Estate of Mildred I. Hershberger. WHEREFORE, Petitioner requests that this Court grant Petitioner leave to withdraw her appearance for the Co-Executors, Edward L. Hershberger and Barbara S. Marvel, in this action. Respectfully submitted, Date: 1- ;;1-o~ BY:~~ Melle az, squire Attorney I.D. No. 68003 2000 Linglestown Road, Suite 202 Harrisburg, PAl 711 0 (717) 540-4332 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 P A.C.S. ~ 4904, relating to unsworn falsification to authorities. q- :11- CJl/ ~J{tsr--- I LLE . H EN, ESQ. 2000 Linglestown Road, Suite 202 Harrisburg, P A 17110 (717) 540-4332 Date ESTATE OF MILDRED I. HERSHBERGER : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION EDWARD L. HERSHBERGER and BARBARA S. MARVEL, Co- Executors : NO. 2005-00238 CERTIFICATE OF SERVICE I, Marielle F. Hazen, Esquire, certify that on , 2006, I served a true and correct copy of the within Petition for Leave to Withdraw on the parties named below, by depositing the same in the United States Certified Mail- Return Receipt Requested, postage prepaid, addressed as follows: Edward L. Hershberger 702 Hummel Avenue Lemoyne, P A 17043 Barbara S. Marvel 306 North Market Street Elizabethtown, P A 17022 BY:/~~ Mari Ie F. H en, Esquire Law Office of Marielle F. Hazen 2000 Linglestown Road, Suite 202 Harrisburg, P A 17110 (717) 540-4332 -\ EXHIBIT "A" The L8w Office of MARiEILE F. HAzEN Attorney at Law Certified Elder Low Attorney by the National Eider Lnw Foundation 2000 Unglestown Road Suite 303 Harrisburg, PA 17110 m.: (717) 540-4332 FAX: (717) 5404313 www.hazenelderlaw.com April 14, 2005 Edward L. Hershberger 702 Hummel Avenue Lemoyne, P A 17043 Barbara S. Marvel 306 N. Market Street Elizabethtown, P A 17022 Re: Estate of Mildred I. Hershberger Dear Edward and Barbara: Thank you very much for your confidence in retaining the Law Office of Marielle F. Hazen to represent you with the estate administration of your mother's estate. We look forward to working with you. The Ethics Committee of the Pennsylvania Bar Association strongly recommends that attorneys send fee agreements to their clients as the attorney-client relationship functions best when both parties are fully aware of the scope of the representation and their respective obligations. The purpose of this agreement is to set forth, in writing, the arrangements concerning our services and our fees so that we may avoid any misunderstandings. Your bill will be based upon my hourly rate of $235.00 per hour and $115.00 per hour for work performed by my Legal Assistants and Law Clerk. The minimum billing increment is two-tenths (2/10) of an hour. The Law Office of Marielle F. Hazen reserves the right to increase its fees, which is normally done on an annual basis. Notice of any increase in fees will be sent to the client prior to the effective date of the increase. As you are aware, the issues involved are often complex and may require time and labor to research as well as deal with all interested parties and properly and timely administer the estate. The fee charged includes not only meeting with you but also such activities as reviewing documents, correspondence, legal notices, telephone conversations with you and/or any interested parties, filing of legal papers, inheritance tax filings, legal research and generally any time spent on this matter. I require a retainer in the amount of $1 ,500.00. Once the retainer is exhausted, we may request that you replenish it for the same amount of the original retainer paYment. If we conclude your case before the total hourly charges equal the amount of the retainer, you will receive a refund of the difference. In addition to the above fee, you are responsible for reimbursing us in a timely manner for all of the out-of-pocket expenses, such as filing fees paid to the court, investigative and witness fees, travel expenses, service costs, transcripts, telecopies, photocopies and any other expenses necessary to handle your case (e.g. Federal Express costs). At the termination of our representation hereunder, your files will be deposited in storage and maintained for five years, unless we agree otherwise in writing. At the end of five years from the termination of representation, you hereby consent to our destruction of all remaining records, files, and exhibits in connection with the subject matter of this representation, without further notice to you. You are, of course, entitled to your files at any time. As a practical matter, since it is our practice to provide copies of correspondence and documents to the client on an ongoing basis, you are likely not to need our files. We will keep you informed as to the progress of your case. You will receive copies of all papers coming in and going out of this office including correspondence, pleadings and other documents. If we are unavailable when you telephone, please leave a message, and we will return your call as soon as we are available. There is an answering machine on our telephone system, and if you have any emergency situation after hours, you should leave a message, as we check the machine frequently and will return your call. Our office policy is to return calls as soon as possible. All communications between the client and the attorney are confidential and will not be disclosed to anyone without the client's express written consent. Notwithstanding the above statement, I waive my right to confidentiality and authorize the attorney to discuss my affairs and provide information and documentation to the following person(s): You have the right to terminate our services at any time for any reason. However, you will be responsible for paying fees earned and expenses incurred prior to the date of the written notice of termination. The fee shall include the initial consultation and all time spent 011 the case. We reserve the right to tcrminate the representation upon your failure to pay our fees and reimbursable expenses as required. We also reserve the right to terminate the relationship immediately in the event that cause exists under the Pennsylvania Rules of Professional Conduct which goverll attorneys' behavior. . l , .. I hope this agreement correctly confirms our arrangement concerning our services, fees, and costs. If it does, I request that you sign the enclosed copy of this agreement in the space indicated, and return it to me. Weare unable to do any work on your behalf or represent you until I receive the signed copy of this agreement and your payment, if any. Of course, if you have any questions or comments about this letter or the arrangements discussed in this agreement, please call me at your earliest convenience. We look forward to working with you. By: ~~I(JCC Marielle F. Hazen 4--/4-6 S- Date: We have read this Legal Services Fee Agreement, and it correctly sets forth our understanding in regard to the fee agreement and representation by the Law Office of Marielle F. Hazen. We further acknowledge that we have received a copy of this Agreement. Date: 412~/()< tf/lf1 /6 By: fj,... &li~~ Edward Hershbe er Date: By: ESTATE OF MILDRED I. HERSHBERGER : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : ORPHANS' COURT DIVISION EDW ARD L. HERSHBERGER and BARBARA S. MARVEL, Co-Executors : NO. 2005-00238 RULE TO SHOW CAUSE AND NOW, this A day of tJ ,.;r , 2006, a rule is hereby issued against all parties to show cause, if any exists, why the Petitioner's Motion for Leave to Withdraw should not be granted. Rule returnable --2- days from the date of service. BY THE COURT: Distribute to: Edward L. Hershberger 702 Hummel Avenue Lemoyne, P A 17043 D :--~ (-:J '; --::-) _~_l Barbara S. Marvel 306 North Market Street Elizabethtown, P A 17022 v J. ,...,~ <~ c.::;::'::) 0""'\ =0 P] C) ..;g ".-, t~ C"") "21 c.5 , n-l C'') c) ,-, c C) -~ , m -,~ ':;' c.n In Re: MILDRED I HERSHBERGER ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-05-0238 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 10-06-06 JUDGE'S INITIALS: JWO TIME STAMP DATE: 10-06-06 IN RE: RULE TO SHOW CAUSE ......",...",..."...,,,,,,,,...,,,,,,,,,,,,,,,,,,,,,,,...,,,,,,"'"...""""""""",,,,,,,,,,,,,,,,,,,,,,,,,,......,,,,,,""""",,"''1'' SERVICE TO: EDWARD HERSHBERGER. BARBARA MARVEL. MARIELLE HAZEN METHOD OF MAILING: ENVELOPES PROVIDED BY: IZI USPS DRRR D HAND DELIVERED D OTHER_ D PETITIONER D JUDGE IZI CLERK OF ORPHANS COURT MAILED: 10-09-06 """""""..,...."""".....""",..""..,....",...."",,,,,,,,,,,,,,,,,,,,,,,,,,,....,,..,,,,,,,,,..,,,,,,,....,,,...,'"""""""" SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: D USPS DRRR D HAND DELIVERED D OTHER_ D PETITIONER D JUDGE D CLERK OF ORPHANS COURT MAILED: ~I(;i GJ- Dep ty ClerK of Orphans' Court