HomeMy WebLinkAbout06-19-12 (3)ABOM ~'
KLITLILAKIS
Jason P. Kutulakis, Esquire
~~ttorney LD. #: 80411
2 West High Street
Carlisle, P~ 17013
(717) 249-0900
-._v ~ ,:~:.~ ~ i~-~~-E
['~ i~!__
f1LF~ j'„4, i ~~i ~1 v';l'1 ~ j
~~4 w~`~~~ I ~ F~ ~~ C
IN RE: THE ESTATE OF IN THE COURT OF COMMON PLEAS
MARLIN L. MARSH CUMBERLAND COUNTY, PENNSYLVANIA
a/k/a MART .IN LEROY MARSH :
late of South Middleton Township NO.: 21-11-68
Cumberland County, Pennsylvania
deceased ORPHANS' COURT DIVISION
AND NOW, comes the Respondent, Susan Ann Kuhn, by and through her attorney,
Jason P. Kutulakis, Esquire, of ABOM & KUTULAKIS, L.L.P., and respectfully petitions for a
removal of Judy Ann Estill as Co-Administrator of the estate of Marlin L. Marsh, and in
support thereof avers the following:
PROCEDURAL HISTORY
1. Petitioner is Judy Ann Estill, (hereinafter referred to as "Ms. Estill")
resides at 2829 South Queen Street, Dallastown, Pennsylvania 17313 andois gently
represented by Marc Roberts, Esquire, of The Law Office of Marc Roberts.
2. Respondent is Susan Ann Kuhn, (hereinafter referred to as "Ms. Kuhn")
currently resides at 151 South East Street, Carlisle, Pennsylvania 17013 and so
represented by Jason Kutulakis, Esquire, of Abom & Kutulakis, L.L.P.
3• A third interested part in this matter is Brenda Sue Slaybaugh, (hereinafter referred
to as "Ms. Slaybaugh"), who currently resides at 8 Thornhill Court, Carlisle,
Pennsylvania 17015.
4. The decedent, Marlin Leroy Marsh, (hereinafter referred to as "Marlin" or
"Decedent"), died intestate on November 27, 2010. See, Petition for Probate and
Grant of Letters attached hereto as "Exhibit A."
5• Marlin is survived by three (3) daughters, identified above as Ms. Estill, Ms. Kuhn,
and Ms. Slaybaugh.
6. The Register of Wills of Cumberland County, Pennsylvania granted Letters of
Administration to Ms. Estill and Ms. Kuhn on January 14, 2011. See, "Exhibit A."
7• Ms. Slaybaugh has renounced her right to administer in favor of Ms. Kuhn and Ms.
Estill. See, "Exhibit A."
8• During the initial administration of this estate, Ms. Kuhn and Ms. Estill cooperated
with one another regarding estate matters with Ms. Kuhn assuming the
responsibility of cleaning the estate property for sale and Ms. Estill managing the
estate account. See the correspondence attached hereto as "Exhibit B." At some
point prior to May 30, 2011, cooperation between the aforementioned parties
ceased and progress with the estate slowed.
9• On April 18, 2011, Ms. Estill agreed to only act with the complete concurrence of
Ms. Kuhn. See, correspondence attached hereto as "Exhibit C."
10. Beginning May 30, 2011, Ms. Kuhn began writing a-mail letters to Ms. Estill ur
Ms. Estill to cooperate in order to settle the estate; suggesting methods to prepareg
the estate for sale; and requesting that Ms. Estill pay the estate taxes, as Ms. Estill
was in control of the estate checking account and in possession of the checks
registered to said account. See, correspondence attached hereto as "Exhibit D."
11. Ms. Estill does not address any of the concerns mentioned in Ms. Kuhn's
correspondence, but modifies the original agreement regarding estate activity. On
June 3, 2011 Ms. Estill requests that no improvements/changes be made to the
estate without written consent from all three (3) heirs. See, correspondence
attached hereto as "Exhibit E."
12. Ms. Kuhn agreed to and complied with Ms. Estill's request.
13. On June 4, 2011 Ms. Kuhn responds to Ms. Estill. See, correspondence attached
hereto as "Exhibit F." Ms. Kuhn notes several items concerning the estate:
a. Ms. Kuhn is cleaning brush and other "fire hazards" around the estate in
order to protect the interests of all three (3) heirs without the help of Ms.
Estill or Ms. Slaybaugh.
b. Ms. Kuhn asks for Ms. Estill and Ms. Slaybaugh's help to prepare the
estate [for sale/distribution among the heirs].
c. Ms. Kuhn mentions that the estate needs to be settled in a timely fashion.
d. Ms. Kuhn asks Ms. Estill to forward appraisals for all estate items sold to
date.
e. Ms. Kuhn asks Ms. Estill to forward any letters [to Ms. Kuhn] via e-mail
in order to receive a quicker response.
f. Ms. Kuhn reminds Ms. Estill of the condition that was previously agreed
to by all three (3) heirs, requiring items to be sold only after written
approval from all heirs.
g. Ms. Kuhn asks if anyone was hired to care for the lawn at the estate, and
asks to be notified, in compliance with the previous agreement, if
someone is hired.
h. Ms. Kuhn asks for a response to her previous communications, including
but not limited to, an a-mail and a letter previously sent to Ms. Estill
without response.
i. Ms. Kuhn asks when Ms. Estill will be available to sign the car tide (part
of the estate) over to the purchaser and mentions that she has been
"texting" Ms. Estill regarding the car tide since May 18, with no response.
14. On June 19, 2011, Ms. Kuhn contacts the office of Marc Roberts, Attorney
representing the estate, requesting a private meeting with all parries to discuss the
progress of the estate. Ms. Kuhn mentions that there have been delays in
communication for three (3) months. Ms. Kuhn also asks Marc Roberts, Esq. for
some estate account checks in order for her to pay the estate taxes before penalties
are assessed. See, "Exhibit G."
15. Ms. Kuhn never received estate account checks.
16. On June 21, 2011, Ms. Kuhn asked for an account of Attorney Roberts' fees for
over-seeing the estate administration. Ms. Kuhn also requested copies of financial
records, receipts, and appraisals. Ms. Kuhn consented to an estate auction and,
once again, requested a meeting for all parties to discuss the details of the estate, as
other communication methods have proven ineffective. See, "Exhibit H."
17. Ms. Kuhn never received an accounting of the fees, receipts, or professional
appraisals relating to the estate.
18. On July 5, 2011, Ms. Kuhn obtained David Baric, Esq. to represent her interest in
the estate. See, correspondence attached hereto as "Exhibit I."
19. Through the joint efforts of all parties to the estate, a meeting was scheduled for
October 11, 2011. Ms. Kuhn was represented by Attorney Banc and Ms. Estill was
represented by Marc Roberts at the meeting. At the meeting, an agreement to
conduct an estate auction on November 26, 2011 was reached.
20. The estate auction proceeded as scheduled on November 26, 2011, with the
principle real estate being sold to Charles Yana, Dorothy Yana, and Ms. Kuhn for a
sum of $155,000.00. See, Auction of Real Estate of Estate of Marlin L. Marsh
Conditions of Sale attached hereto as "Exhibit J."
21. On November 28, 2011, two (2) days after estate auction and twenty-eight (28)
days prior to settlement of the real estate sale, Ms. Estill elected to terminate the
electricity to the estate without consent of the other heirs, despite their June 3=a
agreement. See, correspondence attached hereto as "Exhibit K"
22. On December 17, 2011, Ms. Kuhn contacted Marc Roberts, Esq. with several
concerns, See, "Exhibit K":
a. Ms. Kuhn expressed concern that no action has been taken to address
damages incurred by the lack of electricity to the estate in winter months,
i.e. moisture in the home.
b. The estate was not in the condition it was in on the day of sale due to Ms.
Estill's "unilateral actions." As a result, the buyers (Ms. Kuhn, Charles,
and Dorothy Yana) have decided to terminate their purchase of the estate.
c. Ms. Kuhn mentions that the Conditions of Sale stated that buyers would
not assume control or become responsible for the property until thirty
(30) days after the sale.
d. Ms. Kuhn mentions that she cleaned up the debris from the estate sale
and removed more fire hazards post-sale, as was necessary, as Co-
Administrator of the estate.
e. Ms. Kuhn states that she has not heard from either Marc Roberts, Esq. or
Ms. Estill since the electric service was terminated and is concerned with
the unnecessary deterioration of the property.
f. Ms. Kuhn informs Marc Roberts, Esq. that her Attorney, David Baric, has
withdrawn as counsel due to a conflict of interest and she will be
obtaining new counsel.
g. Ms. Kuhn asks, once again, for a statement of Marc Roberts' fees for the
estate.
23. Ms. Kuhn received no response to her Dec. 17th inquiries from Ms. Estill or Marc
Roberts, Esq.
PETITION TO REMOVE UDY ANN ESTILL AS CO-
ADMINISTRATOR OF THE MARLIN L. MARSH ESTATE
24. Prior paragraphs are incorporated herein by reference.
25. This Court has statutory authority under 20 Pa.C.S.A. ~ 3182 to remove a personal
representative.
26. The Court may remove a personal representative when [s]he is wasting or
mismanaging the estate... or has failed to perform any duty ,imposed by law; or
when, for any other reason, the interests of the estate are likely to be jeopardized by
[her] continuance in office. ZO Pa.C.S.A. ~ 3182.
27. The Administrator of an estate can be removed for failure to make an inventory of
estate assets and pay estate debts from a separately maintained checking account.
Matter of Estate of Fre , 693 A.2d 1352-53 (Pa. Super. 1997)
28. An Administrator can be removed for commingling personal funds with estate
funds and keeping haphazard records which make it difficult to ascertain an
accurate accounting of estate funds. Matter of Estate of Fre , 693 A.2d 1352-53
(Pa. Super. 1997)
29. Ms. Estill has failed to make an inventory of estate assets with appraisals of the fair
value of said items at the date of decedent's death. In particular, Ms. Estill removed
gold coins and military items from the estate without obtaining an appraisal and
directly against the request of Ms. Kuhn. Ms. Estill has failed to respond to Ms.
Kuhn's requests for copies of receipts, appraisals, and account records in order for
both co-administrators to approve of sales and account for all estate transactions.
See "Exhibits F, G, H, and L."
30. Ms. Estill has commingled estate funds with personal funds, often paying estate
expenses out of her personal account and expecting reimbursement from estate
funds, despite the existence of an estate checking account, which has remained in
her sole possession. See, Estate Checking Account Register and Ms. Estill's Estate
"Records" attached hereto as "Exhibit M" and "Exhibit N" respectively.
31. Ms. Kuhn has taken every step necessary to contact Ms. Estill, requesting
information and cooperation throughout the entire estate administration process,
See, "Exhibits D, F, G, and H."
32. Due to the strained relationship between co-administrators, communication is
inefficient and ineffective. As a result, serious delays have been created in the
administration of the estate.
33. The correspondence between Ms. Kuhn, Ms. Estill, and their respective attorneys
indicates that Ms. Estill is frequently out of town, resulting in delays in meetings,
hearings, and progress of the administration of the estate. See, "Exhibits G and H"
as well as the correspondence attached hereto as "Exhibits O and P."
34. Ms. Estill's termination of the estate's electric service in Nov. 2011 put the estate in
jeopardy of deterioration, and caused the termination of the sale of the estate,
resulting in further delays and a need for the estate to be placed back on the
market. See, "Exhibit K"
35. Ms. Estill refused to assist Ms. Kuhn in preparing the estate for distribution and
sale, jeopardizing the interests of all beneficiaries of the estate and possibly
decreasing value of the real property of the estate as a result of significant delays.
36. Ms. Estill has failed, despite Ms. Kuhn's best efforts, to transfer the estate car title
to the purchaser William Marlin, potentially resulting in the loss of funds to the
estate. See, "Exhibit F." Mr. Marlin is currently threatening a lawsuit in order to
recover the vehicle.
37. Ms. Kuhn has regularly suggested an expedient settlement in recognition of the
timeframe for filing the Estate Inheritance Tax, without response or cooperation
on behalf of Ms. Estill. See, "Exhibits D and G."
38. The correspondence entered as exhibits to this Petition establish Ms. Kuhn's
efforts to communicate with her Co-Administrator and manage the Estate of
Marlin L. Marsh in a prompt and effectual manner. As such, it is in the best
interests of the Estate to allow Ms. Kuhn to continue as sole Administrator of the
Estate.
39. The exhibits attached to this Petition further demonstrate Ms. Estill's lack of
cooperation and mismanagement of the Estate, necessitating a prompt removal of
Ms. Estill from her position as Co-Administrator.
WHEREFORE, the Petitioner requests that this Court remove Judy Ann Estill
from her capacity as a Co-Administrator, and award damages to the Petitioner in the amount
of all attorney fees, costs, and interest associated with the bringing of the within action.
Respectfully submitted,
4~.~-
DATE
J
& KUTU.~1xIS, L.L.P.
P. I~uxulakis, Esquire
me Court ID 80411
2 West High Street
Carlisle, Pennsylvania 17013
(717) 249-0900
Attorney for Susan Kuhn
I verify that the statements made in the foregoing Amended Petition to Remove Judy Ann
Estill as Co-Administrator of the Marlin Marsh Estate are true and correct. I understand that false
statements herein are made subject to the penalties of Pa.C.S.A. X4904, relating to unsworn
falsification to authorities.
Date~~~.~ ~ ~Q ~ '~
~~
usan Ann Kuhn
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COtTN*ry~ PENNSYLVANIA
ORPHANS' COURT DIVISION
In r°: Estate of MARLIN L. MARSH,
late of South Middletown Township, ~ NO- ?1-11-E8
Cumberland County, Pennsylvania
CERTIFICATE OF NOTICE UNDER RULE 5.6 3
TO THE REGISTER:
I certify that the notice of estate administration required by
Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to
the following beneficiaries of the above captioned estate on or
about April 5, 2011:
Name
Address
Judy Ann Estill 2829 South Queen Street, Dallastown, P
Susan Ann Kuhn I51 South East Street, Carlisle, PA 170137313
Brenda Sue Slaybaugh 8 Thornhill Court, Carlisle, PA 17015
Notice has now been given to all persons entitled thereto under
Rule 5.6(a) except: none
Date: April 5, 2011
O c~~
_. r
'~
Q
u; _ ~
_
~_ - _ Cr ._
_ -J ,,
~~U.__
CC -.
~
~ LLJ ~
--
~ _
J d
U~-'i-i:
C=, ~ ~ :mot ~ ~;
i._ ~ ~.:z_.
cz_ ---
- O ~-
U
Marc Roberts, ire
149 East Market Street
York, PA 17401
(717) 843-1639
ID No. 34355
Capacity: Counsel for
Personal Representatives
V
IN THE COURT ®~' CO1~ZIVION PLEAS OF CUMBERLAI~~ COUNTY, PENNSYLV.~NI4
REGISTER OF WILLS
PETITION FOR PROBATE A1~ GR~'~'T OF LETTERS
Estate of MARLIN L. MARSH , Deceased ESTATE Nd: 21- 1 1 - ~~~~ ~~
a~1Ja: MARLIN LEROY MARSH
a/k/a:
i
alc/a: SS NO: 16!8-26-45R ~
Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTI®1~ `A' or `B' AND "C" as
applicable:
^ A. Probate and Grant of Letters Testamentary or ^Administration c.t.a., or d.b.n. .t.a. (complete Part C also)
and aver that Petitioner(s) is/are entitled to the aforementioned Letters
the last Will of the above-named Decedent, dated under
and codicil() dated
(State relevant cin;umstances, e.g. renunciation, death of executor, etc
Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or at
instruments offered for probate; was not the victim of a killing, was never adjudicated an incapa
party to a pending divorce proceeding at the time of death wherein grounds for divorce hat
23 Pa. C.S.A. § 3323(g):
[~ B. Grant of Letters of Administration
¢f appllcabSe, enter d.b.n., pendent life, durance
Q _`
~ led after~t~t " ~'
P tton oft ~,r-; c~
itated persgt~,~vas outs __ ~-?
been establish~ff~s defimed in; ~TJ
. ,__
J ~,
durante tn~ritatc) • • r- tT~
<.rl "~
vived by the ``~ ~
lion A and complete list of
a party to a pending divorce
3323(g), except as follows:
C. Petitioner(s), afrer a proper search, has/have ascertained that Decedent left no Will and was :
following spouse (if any) and heirs (If Administration c.t.a. or d.b.n.c,t.a., enter date of Will in f
heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was t
proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A.
to
PA 17 0113
u~r: quuITIONAL SHEETS IF'.VECESS ]'
THIS SECTION MUST BE COMPLETED: `to renounce 17015
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last
At ~i.n ~._~___ , ,. _ _
(Street address with Post Office and Zip Code, Municipality: Townshil
Decedent, then 7 9 years of age, died 11 / 2 7 / 2 010 at
Estimated value of decedent's property at death: (Month, Day, Year of death)
If domiciled in PA
If not domiciled in PA
_If not domiciled in PA
_Value of Real Estate in Pennsylvania
Total Estimated Value
Location of Real Estate in Pennsylvania: (Provide full address ifpossible.) 340 Oxford Roar
`~i nature(s) Name(s) & ~Ylailing Addr
~~ n Judy Ann Estill,
_ ~ ~ •~ wn,
`~~'~~} .~ I Susan Ann Kuhn,
Intenm Form RW 02 revised 1 ~ 26 ] 0 by Cu Berland County p„ndmg action by the Court ~ r~~
1 717/243-837
or principal residence
tsorough, City)
(City and State
All personal property
Personal property in Pennsylvania
Personal property in Counry
death occurred)
$6,000 00
$ ~ 3~ nnn ~p
$ 1 ~ g_,~ (~ Q o ao
', Gardners, PA 17324
2829-South Queen
51 South East St ,
1 ~ 1 ~ Page I of 2
3224
OATII OF pERSONAI, REPRESENTATIVE
Commonwealth of Pennsylvania
County of Cumberland SS
The Petitioner(s) herein named swear or affirm that the statements in the foregoi~g Petition are true and
correct to the best of the knowledge and belief of Petitioner(s) and that, as persomal representative(s) of the
Decedent, Petitioner(s) will well and truly administer the estate according lawt
Swom to or affirmed and subscribed ~ ~ ~ / ,~1
before me this (~ day of
Januar~_ X11
~~ ,
Judy Ann still
usan Ann
i ~i tuc r~eg2SLer
DECREE OF PROBATE AND GRANT OF LE
Estate of MARLIN L. MARSH
Deceased File Number: ? 1-
AND NOW, this day of_ Januar
the reverse side hereon, satisfactory proof havtng been presented be ore me, IT
-Testamentary ~ of Administration
(tt'appllcable, enter c.t.a., d.b.n., d.b.n.e.t.a., etc.) are h
Jud Ann Estill an
the above estate and that instruments(s) dated n/a
admitted to probate and filed of record as the last Wtll and Codicil(s) of Decedet
Glenda Farner Sh'asbaugh, Pr
Register of Wills
~n~ ~
c = ~.~ _
)11 ~ 7 ~ .~
%` ~7'~ r'_~J
eration Q~ `' petition on =
~ECREE~-~ Letfei's
~y granted--~: ~``. _ --
v `-~' ~;
`-'' in `~ O
ibed in th,P petition lie ~
FEES:
Letters ................. ...$ 0
O~
Will .................... •
Co icil(s) ............. ....
....
( Short Certificates ( Q
(~ } Renunciations... ....
~ -~
Bond .......................... -
Other ......................... ...
.... •
..............................
Automation FEE......... ...
5.00
JCS FEE .................. . 23.50
TOTAL ................ $~°~~J •c~~
Signature of Counsel Req fired to ter Appearance
Atty's Signature , j,,./-/ ~
PRINTED Name: M rc Roberts, Es ui e
Supreme Court ID No.: 3 4 3 5 5
Address: 149 East Market Stree
Yor , PA 17401
Phone: 7171843-1639
Fax: , _
Intenm Form RW-02 revised (Z26 10 by Cumberland County pending action by the Court
Page 2 oft
sae kuhn <su?~ie38@grr;ail.com>
:~
1 rrrassage
Sue Kuhn <suz?ie38@gmaii.com>
To: judyestill@comcast. net
Fri, Jan 21, 2011 at 2:01 AM
hi,
of 2
i wanted to tell you how much it meant to me to hear you say that you're glad to have me back in your life. it
was wonderful to hear that!!! .. i want you to know that I'm not really worried about the house issue. a house is
just a place to keep your possessions, a place to call 'base' .. as i aged i learned the true meaning of happiness
is not in material things. if i can't afford the house at the final appraisal my world will not collapse. the house i
have now is actually really decent. i just hate living in town. i get sick of having neighbors sitting on top of me
and lack of parking is enough to drive a person nuts..but..i could honestly be content living in a cardboard box as
long as i had a computer and room for my happy pets.:) what would upset me is if you and i lost contact again.
i don't ever want that to happen. even when this estate is settled i am still going to call you for no reason .. just
because you are my sister and i love you. I'm really sorry for anything i have ever done or said to upset you in
the past. i wish i could take back all the wasted years we spent not speaking. i would love to be able to
celebrate holidays as a family. i know that would mean the world to mom, daddy, and to myself ..
as for the brenda issue, i really am sick of her taking advantage of me. she has used my love for her children to
manipulate me. she has used me far too many times. i promised myself when i let her move in with me and she
didn't care about me, my house, my injury, mom & daddy or anything other than herself that i was done letting
her take advantage of me. i did help daddy redo the interior at thomhill but i didn't do that for brenda, i did it so
daddy didn't have to do it alone, to try to repay his kindness and to help the kids. judy, i could write a million
words about how bad she treated daddy during that time but no words could possibly tell you the disrespect she
showed him. you know for daddy to tell her face to face that she is a nothing and would NEVER be anything that
she was acting insane and was horrible to him. i have done really bad things in my past but daddy has never
said anything remotely like this to me » so you know how awful she was acting. i know in my past i have been
*'`horrible** but i have apologized to daddy (and MANY others) for my behavior and i feel such regret and
sadness about what i have done .. brenda on the other hand does not feel any regret, just an EVER
INCREASING SENSE OF ENTITLEMENT. you can only do for a person for so long and then it's their
responsibility to step up and do for themselves .. i am done doing for her. i don't feel we are obligated to share
with her what she has not earned. while she naps it's you and i who stress ., when i talked to daddy tonight he
completely understood my feelings/thoughts and supports/agrees with us in giving her 26k and sending her on
her way .. she will contribute nothing, not financially, not emotionally and not physically .. SHE IS A PARASITE
AND WE ARE HER HOST.
i made a conscience choice to change in many ways .. it was a struggle. i took a cold hard {ook at myself and
my multitude of flaws. i searched my soul for the reasons of why i became that way. many of my issues were
related to childhood but as an adult i should have known better, i can't blame any of my mistakes, as an adult,
on anyone but myself. i worked hard to right the wrongs „especially with daddy. earning his love and respect
mattered to me and i had to literally EARN his trust. it took years and years to build the trust he gives me now
.. it was all very worth it .. now, i have a dad. I'm not perfect and will never be but i know he respects me for
who i am as a person and completely trusts me. that is priceless .. but on the flip side of changing my ways »
i refuse to back down and let anyone (including our sister) use me. that is exactly what she is doing to us. she
knows you are supplying the money to make repairs, you supplied the trucks to move things, arranged for
george to remove the steel .. she knows i arranged for my friends to work and save money by not hiring
professionals (altho their work is just as good.) she knows I'm over there working with a back injury, she knows i
EXHIBIT
_d _ x/26/2012 9:56 AM
D f~
.~
have a house full of animals ~_ .ake care of and I'm at the estate so much tr~u~ my house is a freakin fur ball
because I'm not here to clean as usual, she knows I'm busy there and still trying to take care of daddy (she
hasn't offered once to help him or mom thru this or any other illness) =parasite.
'. of?
4/26/?012 9:56 AM
~~:~ a~~EG~ QF ~~~F~~ ~~~EE~ E
Efwi ~ ~G:~: ~r, ~s~isr:-_
~'- ,5
149 Fast !/larket Street
Yolk, ?ennsylvania 17401 T°/apnone (717) 843.1639
Faesir„i/e (717J 845-8700
April 18, 2011
David A. Baric, Esquire
BARIC SCHERER
19 West South Street
Carlisle, PA 17013
Re: Estate of Marlin L. Marsh
Dear Mr. Baric:
Thank you for your letter of March 29, 2011. First, let me clarify
what I understand Judy Estill's position to be on any interest she
has in the real estate. Judy has informed me that, as of this
time, she has never specified any amount that she would be willing
to pay for the real property, although she has stated that if she
were to buy it, she would offer significantly higher than the
$84,000 that was offered by Charles, Dorothy, and Susan. Although
she may be willing to present an offer, Judy also acknowledges that
a member of the public may be willing to pay more than family
members, and she feels that it is in the best interests of all
parties involved, and particularly Brenda Slaybaugh, if the
property is presented for public auction. Doing this would avoid
the conflicts that are apparently present when a fiduciary seeks to
purchase estate real estate privately, and would eliminate the
difficulties of presenting competing contracts between Judy and
Charles, Dorothy and Susan.
I am providing an accounting that has been supplied to me by Judy
of the financial activity of the estate. With regard to your
particular concern about antique coins, I can tell you that the
coins that have been sold were disposed of with the assistance of
John Freet, a retired certified public accountant, and
knowledgeable coin collector. His separate accounting for the
coins is also provided. A second sheet references some other
military items that were sold. To my knowledge, Judy has done
nothing in her activities as a co-executor that she did not believe
in good faith was satisfactory to Susan. She will, however, take
note of your concern in your letter of March 29, and will only act
from this point forward with complete concurrence with Susan or by
order of court .
EXIiIBIT
YI
// i
April 18, 2011
page 2
P.s long as I am communicating with you regarding these other
subjects, I will ask through this letter that Susan please return
the paper that Judy gave her on March 12, 2011, which she was to
sign and have notarized to enable Marlin Marsh's $100 war bond to
be processed by the U. S. Treasury. Hopefully, both parties
continue to view this as a routine administrative matter, which
should cause no controversy between them.
I am not representing Judy Estill in any individual capacity. I
see no need for her to have individual counsel because, at the
moment, she is not competing to buy the property of the estate, but
only expressing concerns that it be sold in a way that maximizing
the selling price.
Sincerely,
Marc Roberts
MR/dasl
Encls.
cc: Judy Ann Estill
Susan Ann Kuhn
sue kuhn <suzzie38@gmail.cor;>
of
~e:tcT E5f EE't~e€~i
1 m=ssage
Sue Kahn <su~ie3a@gmaii.com> Mon, May 30, 2011 at 11: i0 Ptvl
To: judyestili@comcast. net
Judy,
The estate needs settled and I'm sending you this letter to inform you of what i would like to do about this
situation.
I'd like to hire Daddy, Freddy and Rich at a rate of $10/per hour to get the contents of the estate ready for
public auction. Since we can not come to an agreement, i feel the property should also be sold at this auction.
The 2011 taxes need paid. Since you have taken all the checks to the estates account are you planning on
paying these? If not, please let me know and I will pay them.
EXHIBIT
~..~ 4/26/2012 9:45 AM
~ I .~
sue kuhn <suzzie38@gmaii.com>
Cease and desist
4 messages
Judy Estill <judyestill@comcast.net> Fri, Jun 3, 2011 at 9:38 PM
To: Sue Kuhn <suzzie38@gmail.com>, rtslaybaugh@gmail.com, marc Roberts <Marc@marcrobertsiaw.com>
Susan,
RE: Cease and desist
It has been brought to the attention of Brenda and myself that you and and/or someone under your direction has
been at the estate doing landscaping/brush removal and other events.
We are not performing any additional improvements or rehabiliation to this estate without the written exclusive
agreement of Brenda, myself and you.
Several days ago, a letter was mailed to your attention with several outstanding issues and subsequently no
further improvement and/or changes should be made to this estate until the items in that correspondence are
answered and addressed by Brenda and myself.
This includes but is not limited to the hiring of any people.
Judy
EXHIBIT
a '^
3
Sue Kuhn <suzzie38@gmail.com>
To: Judy Estill <judyestill@comcast.net>
Sat, Jun 4, 2011 at 12:31 AM
Why yes Judy, there is clean up happening at the estate. Caddy is doing it for FREE because it is a FIRE
HAZARD and it increases the value of the estate when it is sold. The debris/leaves/brush located against the
house is an extreme fire hazard and the removal of this brush benefited the estate due to safety AND increases
the value... Do you have a problem with work being done for FREE that benefits the value of the estate and
removes a fire hazard? .. if so, why?? The FREE work done to the estate was to protect Brenda's, yours and
of 3
EXHIBIT
~~ ~ 4/26/2012 924 AM
my own interests in this propc..~, it benefited all of us. Were you planning o... amoving this r'Ire ha_ard? Other
than the free clean up what specifically do you mean vrhen you write 'other events'? For there haven't been any
'other events'.
I also need to inform you for safety reasons that while you, Brenda, or any other persons are at the estate are
with you „ do NOT drink the water. It's highly contaminated and has high levels of lead. Also, you may have
noted that I vented the basement via the well casing. Under the vent is wire to prevent animals etc. from
entering. This also is due to safety reasons. The radon in the basement is at EXTREME levels and venting it
allows it's release out of the basement, this prevents it from being breathed by persons while in the basement.
wouldn't want anyone getting sick.
If you have objections to the hiring of people to prepare the estate for sale, do you and Brenda have plans on
helping to do the work so we don't have to hire people? Hence, the estate needs settled and we are running out
of time. If you have objections to the hiring of people I'd love to hear your thoughts on a *cheaper"` way to
achieve this.
I got the notice today there is a letter to pick up. I won't be able to get it until Monday due to previous plans but
I would appreciate it if you could forward it to me asap via my gmail account and we can resolve this issue via
the computer with less waste of time. Time is of the essence. Could you also forward me the appraisals for all
items you have have sold? Why wasn't (consulted/notified of the appraisals before items were sold without my
consent? I have consulted you regarding even minor details regarding the estate and I would have appreciated if
you would have had the courtesy to do the same as these items were 1/3 mine.
Did you hire persons to cut the grass? If so, why wasn't I notified of this? If so, at what cost is this service being
performed? Could you also send me copies of the estimates from the companies you consulted to do this work?
In previous lawyer correspondence I was told I WOULD definitely be consulted before things were done at the
estate. I held to this agreement and haven't hired anyone. I sent you a letter and an identical email.(see below)
and I did nothing because I haven't heard from you until this point in time. I have held to that agreement and
nothing has been done on my part without your knowledge/approval.:) If you hired persons to do this why was I
not contacted as agreed? If this work was done without cost to the estate then thank you.
Billy has paid for the vehicle that belonged to Short. I'd like to know when you are available to sign the title over
to him? As stated in my previous email to you, I'd like to sign the bond at the same time. I sent you a text
regarding this issue March 18, 2011 but have got no response until this time. I would like to be able to finally
give Billy a date and time we can sign this over to him. Please let me know when you are available to meet Billy
and I at Sollenbergers Messenger Service. I think Sollenbergers is a good choice because it's located in
Cumberland County where the estate is located. Evenings would work best due to Blllys work schedule.
As a reminder, not only was the garage unlocked but a fight is currently on in the basement. When I was at the
estate and discovered the unlocked garage it was during the day and I did not go into the basement. Since it
was daytime I did not see the light was on. Daddy did not have a key to the home and could not turn off the light
off today. Would you like to turn the light off tomorrow or would you prefer I turn it off? Could you please also
inform Brenda to lock doors and make sure all lights are off before leaving the property? ..
Thanks and I'll be checking my email waiting to hear back from you. Nave a nice night.
[Quoted text hidden]
Sue Kuhn <suzzie38@gmail.com>
To: suzzie38@yahoo.com
Sat, Jun 4, 2011 at 12:57 AM
[Quoted text hidden]
Sue Kuhn <suaie38@grrail.com>
To: Judy Estill <judyestill@comcast.net>
Sun, Jun 5, 2011 at 11:50 PM
of 3
4/26/2012 9:34 AM
Are you planning to cooperate ~t ail? I try to contact you and every time I gam, NO response from you. This
=state needs settled (we are running out of time) and it is your obligation to assist in this matter. Is there a
reason you are making this so difficult? .. I would absolutely appreciate your assistance. I'm willing to work with
you. I try to communicate but you ignore me and I get no response back from you. Can you phase respond
back so we can make a plan on settling this estate? I have been trying since March to get a response from you.
[Quoted text hidden]
3 of3
4/26/2012 9:24 AM
Sent: Sunday, June 19, ?011 10:03 PM
I expect a PRIbATE conversation that is held 'in person' between myself, Marc and 3udy. This estate
needs to be a PRIORITY I have stated over and over that time is of the essence. From my
understanding Judy does not leave for Florida until Monday 6/20 so why was this meeting not held last
week? I was avai{able to attend any day at any time. What do I have to do to get results? I am frustrated with
her noncompliance and total lack of communication. If this meeting is not held this week IN PERSON I will be
forced to take further action for there is no more time to waste. I would like this settled amicably, in a time
efficient manner, but unfortunately, that is not happening. I have spent hundreds of hours at the estate breathing
in extreme levels of radon, drinking contaminated water, and giving 100% trying to get this estate settled as she
continually goes to Flordia. I have went above and beyond to save this estate money. I expect Judy being
co~executrix to do the same. Her continual delays in communication have been happening for three months and
her actions have cost the estate money. This needs addressed now. I would like to speak with Marc via phone. I
will be available to speak with him tomorrow. My home phone is 717 243 2837 or cell
As far as the lawn > Although I asked, I was never given any answers. First, I'd like to see the estimates from
the companie$ Judy consulted to mow the lawn. I STILL do not know who she hired or at what cost to the
estate? Did she sign a contract with this unknown company? Knowing the financial cost to the estate will
determine whether or not my father will take on the responsibility. If he does choose to take on this responsibility
1 will not allow him to buy the gas for the mower. That cost should come out of estate funds. Additionally, I'd like
Judy to send me checks so I can pay the taxes BEFORE they go into penalty value. Penalty value will cost the
estate additional money which is UNNECESSARY
(Quoted text hidden]
.........._....
Marc Roberts <Marc@marcrobertslaw.com>
To: Sue Kuhn <surcie38 Tue, Jun 21, 2011 at 9:59 AM
@gmail. com>
Cc: Linda Parrish <Linda@marcrobertslaw.com>
S~6it: Monday, June 20, 2011 8:49 PM
Yo: Marc Roberts
Subjeet: Re: FNV: Meeting Marsh Estate
A non-private phone call is not satisfactory. I'm still waiting for the information about the lawn
and taxes.
' EXHIBIT
l of ~
[Quoted text hidden)
_ __. __
__.
.........._.._.....
____
. ..........._........
.._ ...................
_.
Sue Kuhn <suzzie38@gmail.com> Tue, Jun 21, 2011 at 9:45 PM
To: Marc Roberts <Marc@marcrobertslaw.com>
judy wrote me another one of her letters .. the issues she brought up in previous emails i was going to address
in person via the meeting at your office. i was expecting the meeting to be held quickly, without delay, and wasn't
informed she was planning on going out of town again. it would be nice if things could be worked out but judy
doesn't want to communicate and discuss issues, instead she would like to dictate with no compromise or not
inform me at all.
judy and i worked well together when we first started settling the estate and she repeated stated what a good
job i did at the estate. it wasn't until she was in the room when my parents changed their wills that she became
so utterly impossible and completely stopped communicating with me. after the wills were changed, she caused
so much drama and conflict in the family due to her knowledge of the changes in the wills (which she shared with
ALL family members) and my parents were shown such hatred and utter disrespect that mom and daddy made
a choice to disown and disinherit both judy and Brenda. I'm afraid she's letting her personal issues with our
parents affect settling the estate. she needs to realize that i do not control my parents finances, thoughts or
choices and to be angry at me for their decisions makes no sense. the marsh estate is so small and should be
super easy to settle. i wish with all my heart that she would communicate with me so we could settle this with
ease.
mare, I'd like to know exactly what you are charging to represent the estate. i haven't even been given that
information and i asked her months ago about your fee. I'm not sure why she feels she doesn't have to inform
me of these details. i would also like to see all financial records, receipts, and appraisals if you could get judy to
please send me a copy of those.
i choose to meet privately due to the interference of third parties=from persons who have no interest in this
i~
~~
4/26/20]2 9:26 AM
estate adding their opinions a,,., causing further conflict .. hence, that is why ,would like a private 'in person'
meeting. I'm available at any time to meet when she returns to PA. please give me a 2 day notice of the date
and time.
i have no problem a/ith the estate and remaining property, at the residence, being auctioned BUT I'd like to know
the specifics such as but no limited to: is the auction company going to box the items in the carage and house or
is that something we must do? if it is our responsibility to box these things please let me know. additionally, is
the auction company going to be moving the f wavy things down from the second story of the garage?
i will make you a complete list of questions i have and will send it to you in the next few days.
have a nice day : )
[Quoted text hidden]
Sue Kuhr <suzzie3B@gmail.com>
To: Marc Roberts <Marc@marcrobertslaw.com>
Tue, flec 6, 2011 at 4:23 PM
Mark, Did Judy shut off the electric at the estate? All the neighbors lights are on but the estate has NO electric
and there is a yellow tag on the box? .. I need to know immediately due to pipes freezing etc. And -F she did
were you aware of this?
[Quoted text hidden]
of 5
4/26/2012 9:36 Af~l
J~,dy
of 3
~~:~~: Friday, Jufy 1, 2011 10:34:50 i~M
Se~i~~ect: R~: Maeting
[Quoted text hidden]
(Quoted text hidden)
Sue Kuli~n <suzzie38@gmai[.com>
To: judyestill@comcast.net
Tue, Jul 5, 2011 at 11:06 AM
I will be forwarding all information to Baric. I don't know if a meeting will be necessary, that will be up to him. I'm
sure you'll hear from him shortly. Flave a nice day.
[Quoted text hidden)
EXHIBIT
~ ----_
a
_~=--
4/26/201? 9:~4 AM
AUCTION OF REAL ESTATE
OF
ESTATE OF MARLIN L. MARSH
November. 26, 2011
CONDITIONS OF SALE
1. This sale is made by Judy Ann Estill and Susan Ann Kuhn, Co-
Administrators of the ESTATE OF MARLIN L. MARSH.
2. The real estate being sold is known as 340 Oxford Road, South
Middleton Township, Cumberland County, Gardners, Pen~-~sylvania
1~~~;4 (LTi~I ido. 4u-4t0-2654-02i) and is described as ap~~ears in
Appendix "A." The Seller's deed of conveyance shall be based
upon this legal description. Any survey of the property
required by the Buyer shall be solely at the Buyer`s expense .
3. This sale is made with reserve. Unless it is announced by the
auctioneer that the property will be sold absolutely on this
date, the Seller reserves the right to reject any and all
bids. The Seller also reserves the right to specify the
incremental amount of each successive bid. Upon the
auctioneer's announcement that the reserve has been removed,
at the conclusion of bidding, the highest bidder shall be
deemed to have purchased the property.
4. Seller warrants that the title shall be free and clear of all
liens and encumbrances and that title is good and marketable,
excepting only existing ,building restrictions, easements, and
other like matters of record:
5. The fallowing expenses of the property shall be prorated as of
the'date of settlement:
t
County and Township/calendar year basis;
School taxes/fiscal year basis;
-Municipal Refuse charges, if any, as billed.
5. The cost of State and Local 'T'ransfer Taxes shall be divided
equally, 1% to Seller and to to Buyer.
7. Ten X100) percent of the purchase price shall be paid in the
form of cash or approved check on this date. In the event of
a default by the Buyer in the performance of the contract to
buy the property, this down payment shall be non-refundable.
8. Seller agrees to execute and deliver a special warranty deed
to the property upon payment of the balance of the -sales price
on the date of settlement.
EXHIBIT
~ ~~
a
3 '- ,''
IT IS HEREBY AGREED BY A?v~ BETWEEN Judy Ann Estill and Susar.
Ann Kuhn, Co-Administrators of the ESTATE OF MARLIN L. MARSH,
hereina~ter referred to as "Seller", and _1',~.~ ~ Q~
Name(s) ~as desi#ed on deed)
~.~ ~ c .~ D i'%
ess
I Z~~~
Telephone
hereinafter referred to as "Buyer," that the Buyer has agreed to
buy and Seller has agreed to sell the property described in.
Appendix "A" for the sum of:
Dollars ($ ~S`~OG~ ) .
The attached "Conditions of Sale" shall be the terrz~~.r~ n.f this
agreement, to be observed and fulfil]_P~?, by the parties in all
respects. .
On this date, ten (100) percent of ,that sum:
.~-~~~..~._~C~ /~-'~ l7'`^"~~~ Dollars ($1~51;~ ,
has been paid to-the Seller in partial payment of this purchase,
INTENDING TO BE LEGALLY BOUND HEREBY, we have hereunto set our
hands and seals on November 26, 2011.
/~
JUD ESTILL, Co-Administrator,. BUYER
S R
.~ ~ _
t:__~.l ~.,~:
S SAN ANN KUHN, Co-Administrator, BUYER ,~^
SELLER
BUYER'S ATTORNEY:
appendix "A"
ALL that certain tract of land situate irn SOUTH MIDDLETON TOWNSHIP,
County of Cumberland and State of Pennsylvania, bounded and
described as follo~.as
BEGINNING at a point in a public road which point is also a corner
of land now or formerly of Eugene Marsh; thence along land now or
formerly of the said Eugene Marsh South 69 degrees East, a distance
of 217,7 feet to an iron pin; thence along land now or formerly of
Calvin G. Cook and Alice K. Cook, husband and wife, South 22
degrees 45 minutes East, a distance of 123.0 feet to an iron pin;
thence by the same Soutr~"23 degrees 15 minutes West, a distance of
347.0 feet to an iron pin; ther_ce by the same and lar_:~ now. or
formerly of William v'. McCartney and Alice McCartney, '`r~c.~band and
wife, North 69 degrees West, a distance of 310.4 feet to a point in
the center of the said public road; then!~e along the center of said
public road North 23 degrees 15 minutes East, a distance of 430.0
feet to a point, the place of BEGINNING.
BEING improved with a one-story detached single family dwelling
known and numbered as 340 Oxford Road, Gardners, Pennsylvania.
IT BEING the same premises which Ronald E. Marsh, Executor of the
Kathlee~^~ P~?. Brandt Estate, deceased, and Ronald E. Marsh and Robert
V. Mars~~, residuary beneficiaries of the Estate of Kathleen M.
Brandt, by their deed dated May 17, 2005, and recorded in the
Office of the Recorder of Deeds of Cumberland County, Pennsylvania,
in Record Book 268, pa_=;e 4585, granted and conveyed unto Marlin L.
Marsh, sir_gle man, who died seized thereof.
Sue kuhn <Su ~'ie3t3Cgnia;l.,;a~;;>
E~'f~l"~lfi ~~rS~l eS1~tr
1 message
S+u2 Kuhn <su~ie38@gmail.com>
To: Marc Roberts <marc@marcrobertsiaw.com>
Sat, Dec 17, 2611 at 1:07 PM
Judy confirmed the electriclheat is on with no damage but there is no mention of her correcting her previous
actions. No actions were taken to air out the house to reduce the extreme excess moisture. No actions were
taken to reduce the extreme humidity with a dehumidifier. Hence, where has any damage control or remedy
actions been taken? Her examination of the property and so called repair have been very incomplete. Due to her
unilateral actions (intentional?) the property is not of the condition the day of the sale. Due to this situation,
caused solely by Judy, the buyers have chosen to terminate the purchase the real property, of the estate.
The day of sale the only agreement signed was settlement in 30 days. There was no responsibility given to the
buyers to take over the electric or be responsible for the property. As co-administrator, I took it upon myself to
see that debris from the sale and FIRE HAZARDS were cleaned up. I have solely and consistently been
monitoring the estate to eliminate fire hazards since Mr. Marsh's death in 2010. It was due to my routine
inspections of the property that I noticed the electric was shut-off. Immediately, I sent Judy and you both
text/email regarding this situation..) heard back from neither of you! Hence, the decision of shutting off the
electric was a decision made solely, with NO notification, by Judy and provisions to provide damage control are
solely Judy's responsibility. (will take NO responsibility for her independent rogue actions. Was Judy was taking
adverse positions against the property? As co-administrator, I am highly concerned with this unnecessary
deterioration of the property. I am bringing it to your attention because you are also to be my representative to
settle and protect this estate.
In the mean time, the property is sustaining additional deterioration due to no action being taken to correct
Judy's decision to shut off the electric with NO notification to myself, the Yana's or Attorney Baric. May I remind
you, In Judy's email from June 21 Judy clearly states there was NOTHING to be done to the property without
the written consent of herself, Brenda and I. It seems she chooses for her policies only apply to me, and not to
herself, as she blatantly continues to act disrespectfully and chooses NOT to notify me of her actions/intentions.
When does Judy become accountable and held to her own words(That nothing be done without the written
consent of myself, her and Brenda?) When does Judy become responsible for her own actions? Judy has
chosen to act in rogue manner and has put the estate in jeopardy! I am bringing this to your attention because
you are also to be my representative to settle and protect this estate.
Judy wants me removed as co-administrator? LoL My question is who is at fault in this situation? !was not
notified, as usual. Why should I be punished for Judy's actions? I have never done anything to put the estate in
jeopardy, nor would I. I HAVE CLEARLY AND REPEATEDLY DONE ALL I CAN TO PRESERVE AND
PROTECT THE ESTATE AND ITS VALUE! This, Sir, I can easily prove thru photos and eyewitness accounts=all
I have done to consistently take care of this property, which benefitted not only myself but also benefitted Judy
and Brenda.
Due to conflict of interest Mr. Baric has declined to represent me. I have sought council and would appreciate
your cooperation, on my behalf, to allow my new attorney time to familiarize himself with the Marlin Marsh
Estate. I will proceed further on the advice on my newly acquired council.
I~r Roberts, let me close by asking you questions that I have previously asked you and you have chosen NOT to
answer. Sir, ! feel I have every right to have a answer to these questions. I feel you are obligated to respond!
1" I have asked you what you are charging to represent this estate and was never given an answer by you. I
EXHIBIT
of 2 ~ 4/26/2012 9:~2 AM
a
~ .'<~
have asked you verbally and ...ru email.
So, I'm asking you again for tt~~ third ti.~.e. Wrat are you charging to represent the estate? Addrionally, 1'd
like to inquire about whit you have charged the estate to date?
2*.Additional!y, while I'm asking you pertinent questions, I'd iike to ask you AGAIN if you were aware that Judy
was shutting off the electric, on Nov 2~,
2011 @ gam, WITHOUT notifying myself, the Yana's or Mr. Baric?
of 2
4/26/2012 9:32 AM
_~~~ ~ r ~ -
.~ (70777 ~ l'S -c17-LCII t' '"~~ ~~.~~
frp~f/ i'
~~~~~~R
David A. Basic
Michael A. Scherer-
Tricia D. Naylor
Bret P. Shaffer
Marc Roberts, Esquire
149 East Market Street
York, Pennsylvania 17401
RE: Estate of Marlin L. Marsh
Dear Mr. Roberts:
19 51 est Som. 1 ~t~~eet
L arise, Peru , ~ _ ;-ania 1-i ~1;
(17) %19-687;
(717) ?79-57» -Fax
dbaric~baricscherer.coin
March 29, 2011
I have received and reviewed your correspondence of March 18, 2011 regarding the
above matter.
It is my understanding that subsequent to your correspondence, Ms. Estill represented that
she was willing to purchase the real property of the estate for the sum of $160,000.00 in its
present condition. Please confirm that representation to me in writing. Susan Kuhn has
authorized me to accept such an offer from Ms. Estill for the estate real property.
I would ask that you instruct Ms. Estill to cease and desist from any further actions
relating to the administration of this estate absent the involvement and concurrence in each and
eve.; act of adr~:inistration by Ms. K~:l~~r_. I± is my ~.:^derstanding your client has collected mod,
apparently, sold various items of personalty of the estate to include, but not be limited to, antique
coins. Please provide me with an accounting of all transactions undertaken by Ms. Estill
involving any property, real, personal or mixed of the estate.
Please be advised Ms. Kuhn objects to having any auctioneer remove personalty from the
real property of the estate to conduct an auction. Such action would result in an auction fee of
approximately thirty-five (35%) percent. An auction held at the real property would, conversely,
result in a fee of less than ten (10%) percent.
~~
EXHIBIT
a
Marc Roberts, Esq.
03/29/ 11 letter
page 2
Finally, I would appreciate hearing from you regarding who you are representing in this
matter, the estate, Ms. Estill or all of the executrices. Please contact me at your earliest
convenience to discuss this matter in more detail.
Very truly yours,
BARK SCHERER
David A. Baric, Esquire
DAB/j 1
cc: File
dab.dir/realestate/yana/oxfordroad/roberts2.ltr
cc: Susan Kuhn
Charles Yana
~~'
~,
D-Tax DaaLCtible
AD -Automatic Deposit • AP-Automatic Payment • ATti1-Cash 4Vdhdravraf • GC-Debit Card ~ i unds Trenster oC 5 rn _ Charu
o-~cs . ~,~ > ~,~
I
,
Wit,- ,
VUA!BcR OP ~ ~qr_ '~,~
CGC ~
TRAfJbAG.. R '7°_j~Rlrr CV ~ PAf 1. i
~ .
I ~.P 19\L 'I ~
_,,I ~
-
~
"I +I
~ ~9
C
~I ~
ti ~
~ ~ i
'
~
~ > ~+ ~
~ '
~
/
~
~
~
~' is .
e - ~
- ~ 1 ~
~ I ~ `> ~ ~-Y ~ i
~~ ~ - ,",~''
;= ~ r~ ~ ~ I - vim- ~' ~ 1 -x' ~
. I~ ~
't I 4'X ~" ~ f ~,~ I ~ ~ ~ J ~ f y v~ ..y
:, 11~ a [/ T
~4!T~
;,~~ ~-'` 1. 1~,~ ~ I / ~ ~
~`.
/ /
v ~ ' E C~ , .T ~~ ~ ~ ~,
/ 0
eL ~
9
1 ~~.
. ~ ~t
~ ~
}k~i-cL.,.._~.
0 i
__.. _...
-
V ~ Hwy
`~ -- ~
lei a 70
~~~ 79 k
x
-~ ~
~ ~ D 712 7L ~ -~.
,
10.E ~ P ~~" ~-
~ ~' ~ .,.
~ ~~ .
H
Judv ~ Funded to Estate
Amount paid Amount
.om . dVS doste_
personal rands .o Jucys
aersonal tunes
j.' ~J j4 QQ OY;D5.1 1 :h?Ck m' ]9 f(Om Judy pefSOnai jC.^,JUnf ~~nn gave me 56V9~'.n Ua Sn ,sd2 7210w1
~~emdlning IUnefal 3%pen s?s
$6.J9U ~~ J1iD cif' . a'Sh :?C214ed ~rJm RUr, 1,1 dlsr. l2 Our?7 a; ?slate
$; J09 ~~ OVDBiI t ~~ash tG SUSan for supplleSPJ+OnC peffOfined 7y n?f fnends
550 72 Ov08/11 Cleaning supplies
567500 Ov10/71 Richard Nestor rurnace recair cnea :'9G
513676 -71;1 v1 7 Eiecvic bill check tt19t
'a34.g5 OU1 tlt 7 Cumberland Valley Pain Iblanagement check #793
5425.00 Otlt 117 i Dumpster from RT Carey Trucking check #194
Ray 256-1400 two week rental delivered on i-74-11
57.000.00 01/30/11 Poppy -check #201 from Judy personal account to reimburse Charles Yana for cash gwen to Suuy
while Judy was in Flonda
$1,D00 00 0 i/3111 1 Check #201 from Judy personal account to Susan far supplies/work performed by Susan's fnends
$700.00 01/25/11 Ricky Stonebreaker Check tt196
$3.54221 02!02/11 Check from estate to Judy to reimburse for funding
$30.51 02123!11 Keys far estate for Brenda
56,028.58 03!09/11 deposded check (o my personal account for silver coins - needetl to pay for tombstone
$400.00 03/14!11 military items sold
52.383.00 D3/09I71 Silbaugh memonal for tombstone check #210
57.207.16 03/11/11 Charles Yana check from my personal account to reimburse for tax lein
$548.00 02126!17 Cash returnetl to Judy from Susan at estate meeting
56 7 ~ 'i, 04/12/11 Deposited by Judy to estate as balance due from Judy
$3' 9 s5 06/09/11 Remairnng balance paid to estate to complete [he Cinal personal funding/reimbursement by Judy
515,678.60 515.678.60
v
n~' ~ L L'
~° ~ ~-'''
EXHIBIT
:~
a , fi,;,
~ ~ -~ o~
o To
r. ~ -.
~ ~ ~
~ ~ m
y ~, ~c
C ,r N
N ~ ~ ~ 3 ~
O N W CD N Q
CD r ~ Cn c7 ~ C> ~- °o w ~
~
~' ~ ~ C ? CD C
w
' ~
c
~ ~! O
~
~ `
rn ~ a
~
m ~>>~ ~~, ;r,
° ~ c~
~
i
° ~ ~ ry o
n
~
3 ~-oo~
~
c ~ -, ~
N ~.+ O ~ a0
O
u~. 1
C
O y ? O
~ N
~ ~
-«
a m ~
m c
~ c
~ ~.
m ~
~
-
o
,~
~
o ~° o z~
~~
~
~• ~ ~
N
~°~ °'
~ m
N ~ ~
m m
~ O N
CT O
fD
cm
p1
+
.
O
N~
'~
W
O
c~+woo.r~
N O O O N U't
~I W O O O CT O
ti o 0 0 0 0~
N O O O O O N
b=i ~ F 4 (~
EA ti' -' N ~
~ f`% N W ~ C
N O p O N
~ ti ~ W O Q7
~ ~
O n
.~ Cf: o o rn
~~
W
~S
rn
c~
149 East Market Street
York, Pennsy/vania 17 401
December 16 , 2 O 11
Sarah r, 3uhite, Esc/ui(e
Kathryn Nonas-hunter, Fsqui; e
Te/ephone (717) 843.1639
Facsimile (717J 845.8700
-;
~~~U
G~
I /l
i
i
~' , _.
%~,~
1
Office of the Register of Wills ~ ~
Cumberland County Court House
One Court House Square
Carlisle, PA 17013
Re: Estate of Marlin L. Marsh
Dear Ladies:
Please file the enclosed Petition for Removal of Susan Ann K
Co-Administrator. Also enclosed is the $15 filin
uhn as
g fee.
By this letter, I wish to advise the Court that my client, Jud
Estill, will be out of state from December 16,
January 2, 2012, January 18 through January 30, 20122 and F y Ann
10 through February 21, through
times when m 2012• I would appreciate ebruary
y client will not be available for aohearining these
cooperation in this regard is greatly appreciated.
g• Your
Should you require anything further, please feel free to ive
call.
g me a
Sincerely,
Marc Roberts
dasl
Encls.
cc: Susan Ann Kuhn w/encl.
Brenda Sue Slaybaugh w/encl.
EXHIBIT
~i
su= ku;r;, <s;:-.zie38@go~,ait.co;~;>
~~B~g i"~ers~ ~s~~>`e
o messages
Linda Parrish <Linda@marcrobertslaw.com>
To: Su~ie38@gmail.com
Susan:
Thu, Jun 16, 2011 at 4:29 PNl
I called Judy after I left you a voice mail message and tried to establish a dale and time for a meeting. She is
out of town and will not be available until July 5 or July 6. She would prefer a morning appointment. I would
suggest Vvednesday, Juiy bth at 9:00 a. m. iiv7ii that suit your scheduie~~ iviarc would like the two of you to
submit a list of points for discussion to him a day or two prior to the meeting and that will be the agenda for the
meeting. Please let me know if this date and time will work for you: Thanks.
of 5
Linda Parrish
Law Office of Marc Roberts
149 East Market Street
York, PA 17401
Phone
Fax
__
....................._ ..............
__
Linda l°as-sish <Linda@marcrobertslaw. com>
To: Sue Kuhn <suaie38@gmail.com> Fri, Jun 17, 2011 at 9:56 AM
Cc: Marc Roberts <Marc@marcrobertslaw.com>
EXHIBIT
4/26/2012 9:26 QM
AND NOW, this 19th day of June, 2012, I, Shannon Freeman, of Abom &
Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing
Petition To Remove Judy Ann Estill as Co-Administrator by depositing, or causing to be
deposited, same in the United States Mail, postage prepaid addressed to the following:
Marc Roberts, Esquire
149 East Market Street
York, PA 17401
Attorney for, Judy Ann Estill
AND
Brenda Sue Slaybaugh
8 Thornhill Court
Carlisle, PA 17015
'1.G'~l ~ ~° ~
annon Freema