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HomeMy WebLinkAbout06-12-08IN RE: ESTATE OF MARGARET B YOUNG, Deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PF,NNSYLVANIA NO. 21-08- p~~~j ~_ :ORPHANS' COURT DI~~N ~ -- `4 -~ ~ ~ ,_; PETITION TO REMOVE CO-EXECUTRIX AND ORDER VACAON`~F DECEDENT'S RESIDENCE ~ ~? ~~ - - ~~: ~~ Petitioner Virginia L. Conklin, by her attorneys, Snelbaker & Bre~i~an, P.,~~., subm7~ts --I .. ` this Petition and in support thereof avers states the following: .`~..t ` Background. I . Petitioner is Virginia L. Conklin, an adult individual residing at 240 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania. 2. Respondents are Joanne L. Bodley and Francisco Cesar Torres, husband and wife, adult individuals who reside at 809 Flintlock Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Petitioner is the daughter of Margaret B. Young, deceased (the "Decedent") who died testate on January 26, 2008. 4. Respondent Joanne L. Bodley is the granddaughter of Margaret B. Young, deceased and the daughter of Petitioner. 5, Petitioner and Respondent Bodley are the duly appointed Co-Executrixes under the Will of Margaret B. Young, having been appointed in such capacity by the Register of Wills of Cumberland County, 6. In 2002, Respondent Bodley and Respondent's husband moved into Margaret B. Young's residence at 809 Flintlock Ridge Road, Mechanicsburg (the "Property") and lived with LAW OFFICES SNELBAKER & Ms. Young in her residence until the death of Margaret B. Young on January 26, 2008. BRENNEMAN, P.C. 7. On July 8, 2004 Margaret B. Young executed a Power of Attorney (the "Power of Attorney") naming and appointing Petitioner and Respondent Bodley as her agents and granting to each of them powers and authorities as specified therein, including power and authority with respect to the financial affairs of Margaret B. Young. 8. Respondents continue to reside in Ms. Young's residence. 9. Subsequent to Decedent's execution of the Power of Attorney and prior to Decedent's death, Respondent Bodley has exercised the powers granted her as agent of Margaret B. Young with respect to financial and other matters to the exclusion of Petitioner. 10. Petitioner has at no time exercised her authority as agent of Margaret B. Young under the Power of Attorney. 1 1. Prior to executing the Power of Attorney, Margaret B. Young was able financially to meet her needs and maintain her residence based upon her income and resources. 12. After executing the Power of Attorney and while Respondent Bodley was exercising her authority as agent for Margaret B. Young, Ms. Young's financial situation seriously deteriorated for no apparent reason. 13. After executing the Power of Attorney and while Respondent Godley was exercising her authority as agent for Margaret B. Young, a series of liens were entered against Ms. Young's residence at 809 Flintlock Ridge Road, with three separate mortgage foreclosure actions being initiated. 14. During the time that Ms. Young's financial situation was deteriorating, her income was being expended and her personal property disposed of or sold. 15. Petitioner is a one-half residual beneficiary under the probated Will of Margaret B. Law o~icEs SNELBAKER EjC BRENNEMAN. P.C. Young and Co-Executrix of the Estate of Margaret B. Young (the "Estate"} 2 16. This Court has exclusive power to grant the relief requested in this Petition through, inter alia, 20 Pa.C.S.A. Sections 3182 and 3183. I. Petition to Remove Joanne C. Bodley as Co-Executrix of the Estate of Margaret B. Young. 17. The averments of Paragraphs 1 through 16, inclusive, of this Petition are incorporated by reference herein. 18. Samuel L. Andes, Esquire has been retained by the Co-Executrixes as their attorney with respect to matters involving the administration of the Estate of Margaret B. Young. 19. The Estate has obtained an appraisal of Decedent's Property at 809 Flintlock Ridge Road, Mechanicsburg which establishes the fair market value of the Property to be $210,004.00. 20. Although Respondents resided in the property prior to and at the time of Decedent's death, Respondent Bodley never advised Attorney Andes of a pending foreclosure proceeding against Decedent's Property by mortgage holder Countrywide Home Loans ("Countrywide") until several weeks after Decedent's Will had been probated. 21. Respondent Bodley failed to disclose to either Petitioner or Attorney Andes that an undeveloped lot owned by Margaret B. Young in Florida had been sold more than one year before Decedent's death. 22. Although a judgment was stricken in the mortgage foreclosure action initiated by Countrywide through the efforts of Attorney Andes, Countrywide is proceeding with a foreclosure against the Property. 23. Given the anticipated administration expenses of the Estate and the debt due Countrywide, it is estimated that if the Property were sold at its appraised value, there would be LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. an estimated balance for distribution to the residual beneficiaries under the Will of Margaret B. Young of approximately $38,500.00. 24. Beginning in April 2008, Respondents have been asked to vacate the Property so that the Property could be cleaned and prepared for listing and sale. Respondents have failed and refused to vacate the Property. 25. Respondent Bodley has failed and refused on numerous occasions, to communicate with Attorney Andes on various matters involving the administration of the Estate in general and the Property in particular. 26. Respondent Bodley has failed and refused on numerous occasions to provide information and documents concerning Decedent's debts, bank account statements, mortgages and refinancing requested by Attorney Andes. 27. The Property is at risk of imminent loss and must be quickly sold if there will be any prospect of a distribution to the residual beneficiaries and the ability to pay expenses of administration. 28. Respondents have made numerous promises and proposals in an effort to refinance or payoff the Countrywide mortgage, none of which have been either possible or practical in consideration of the anticipated administration expenses and Petitioner's interest in the Property. 29. For the reasons set forth above, Respondent Bodley has evidenced an interest in her self-benefit with respect to the Property in disregard of her duties and obligations as a personal representative of the Estate. 30. For the reasons set forth above, Respondent Bodley's actions, inaction and failure to communicate are jeopardizing the interests of the Estate and the Estate Property. LAW OFFICES SNELBAKER SC BRENNEMAN, P.(.. 4 31. For the reasons set forth above, Respondent Bodley's actions will result in the Estate becoming insolvent. 32. For the reasons set forth above, Respondent Bodley's actions constitute mismanagement. WHEREFORE, Petitioner requests this Court to issue an Order removing Respondent Joanne L. Bodley as a Co-Executrix of the Estate of Margaret B. Young and thereby allowing Petitioner Virginia L. Conklin to solely administer the Estate of Margaret B. Young as Executrix. II. Petition to Order Vacation of Decedent's Residence. 33. The averments of Paragraphs I through 32, inclusive, of this Petition are incorporated by reference herein. 34. Respondents have continued to reside in Decedent's residence and occupy Decedent's Property rent-free since the time of Decedent's death. 35. For the reasons stated above, Respondents occupation of Decedent's residence and Property is and will continue to be an impediment to the preparation of the residence and Property for marketing and sale. WHEREFORE, Petitioner requests this Court to issue an Order directing that Respondents Joanne L. Bodley and Francisco Cesar Torres immediately vacate Decedent's Residence and Property. In addition to the above, Petitioner requests this Court to issue such other and additional LAW OFFICES SNELBAKER BC BRENNEMAN, P.~~. relief this Court deems just and appropriate for the proper administration of the Estate of Margaret B. Young, including, but not limited to, authorizing Petitioner to list and sell Decedent's Property without the participation of or requirement that Respondent Joanne L. 5 Bodley execute any listing agreement, contract of sale or any documentation necessary for the sale and closing of the Property. including any deed necessary to be delivered at closing for the sale of the Property. SNELBAKER & BRENNEMAN, P. C. ~i~ BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: ~(~.~ ~ ~. ~'`' `~~ Attorneys for Petitioner Virginia L. Conklin LAW OFFICES SNELBAKER SC BRENNEMAN, P.~~. 6 VERIFICATION I verify that the statements made in the foregoing Petition 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. . A , ~, -~ . Virginia ~~ Conklin '` ~~ Date: ~.1'lte7.~' t 2, .?c~~"~ r: LAW OFFICES SNELBAKER EiC BRENNEMAN, P.C.