HomeMy WebLinkAbout06-19-12 (4)"l 1
~~.~-
~~~ ~ ~~ ti ~ - ~ ~~ z n
~~~..
k~SOM ~
uTU~KIs
Jason P. Kutulakis, Psquire
Attomcy LD. No: 80411
2 West High Street
Carlisle, Pennsylvania 17013
(717) 249-0900
f':
~it ii~ Rav
±V L. I~iJ~•
CU~~~t~~~~''~l~ CCU., P,~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE ESTATE OF
MARLIN L. MARSH
a/k/a MARLIN LEROY MARSH
late, of South Middleton Township
Cumberland County, Pennsylvania
deceased
NO. 21-11-68
ORPHANS' COURT DIVISION
PRELIMINARY OBTECTIONS OF RESPONDENT. SUSAN KUHN; TO
PETITIONER'S PETITION FOR REMOVAL OF SUSAN KUHN AS CO-
ADMINISTRATOR
AND NOW, this 19`" day of June, 2012, comes the Respondent, Susan Ann Kuhn, by and
through her counsel, Jason P. Kutulakis, Esquire, of Abom & Kutulakis, LLP, and respectfully files
the following Preliminary Objections to Petitioner's Petition for Removal of Susan Ann Kuhn as
Co-Administrator and in support thereof avers the following:
1. On December 15, 2011, Judy Ann Estill, (hereafter "Petitioner" or "Ms. Estill") filed a
Petition to Remove Susan Ann Kuhn as Co-Administrator of the Marsh Estate. See, Petition
attached hereto as "Exhibit A"
2. On February 27, 2012, This Honorable Court ordered a hearing for the Petition to Remove
Susan Kuhn for May 7, 2012. See, Order attached hereto as "Exhibit B"
3. On May 3, 2012 Respondent retained Jason P. Kutulakis, Esq. of Abom & Kutulakis, LLP.
4. On May 4, 2012 Respondent requested a continuance of the hearing previously scheduled
for May 7, 2012 and This Honorable Court issued an Order of Continuance for the hearing
to be held on June 22, 2012. See, Motion for Continuance and Order of Court attached
hereto as "Exhibits C and D" respectively.
I. Notice to Plead
5. Pennsylvania Rules of Civil Procedure Rule 1026 (a) states that no pleading need be filed
unless the preceding pleading contains a notice to defend or is endorsed with a notice to
plead.
6. Ms. Estill's Petition to Remove Susan Kuhn as Co-Administrator was not endorsed with a
notice to plead, creating no obligation or timeframe for Respondent to file Preliminary
Objections. See, "Exhibit A"
7. Respondent files the following Preliminary Objections voluntarily.
8. Preliminary Objections are proper in Orphans' Court proceedings. Estate of Rossi, 511 A.2d
219 (Pa. Super, 1986).
9. The pleading and practice in Orphans' Court shall conform to the pleading and practice in
equity in the local Court of Common Pleas. Pa.O.C.R. 3.1.
WHEREFORE, the Respondent, Susan Ann Kuhn, respectfully requests this Honorable
Court accept Respondent's Preliminary Objections to Ms. Estill's Petition to Remove Susan Kuhn
as Co-Administrator, despite the delay in filing.
II. DEMURRER
10. Paragraphs one (1) through nine (9) are incorporated by reference as if set forth fully herein.
11. Petitioner's Petition to Remove Susan Kuhn as Co-Administrator fails to state a cause of
action against Respondent upon which relief can be granted.
12. Petitioner asserts that Respondent should be removed from her capacity as Co-
Administrator due to an inability of the two Co-Administrators (Respondent and Petitioner)
to communicate with one another or agree on the estate administration. See, "Exhibit A."
13. Petitioner provides no support for the allegation that Respondent is "difficult to
communicate with" or that Respondent has "isolated herself from all communication." See,
"Exhibit A"
14. On June 1, 2012, Ms. Kuhn filed a subsequent Petition to Remove Judy Estill as Co-
Administrator. See, Petition attached hereto as "Exhibit E." Ms. Kuhn's Petition provides
documentation that she communicated frequently with Ms. Estill and Attorney Roberts, and
responded in a prompt and efficient manner.
15. Petitioner cites no statutory or case authority justifying her request to remove Susan Kuhn.
See, "Exhibit A."
16. In Parson's Estate, the Court held that an executrix cannot be discharged without clear
proof of waste or mismanagement. Ms. Estill's Petition does not meet the burden of proof
that Respondent has wasted or mismanaged the estate. In re Parson's Estate, 82 Pa. 465 (I'a.
1876).
17. In Scientific Living, Inc. v. Hohensee, the Court held that "existence of ill-feeling between
personal representatives will not, per se, serve as a ground for removal of personal
representatives unless it be clearly shown that such ill-feeling endangers the estate." Scientific
Living, Inc. v. Hohensee, 270 A.2d 216 (Pa. 1970).
18. Ms. Kuhn regularly reminded Petitioner of the need to move forward with the
administration of the estate and repeatedly reminded Petitioner of the need to pay the
estate's inheritance tax, as Petitioner is in sole possession of the checks for the estate
checking account. See Ms. Kuhn's Petition to Remove Judy Estill as Administrator attached
hereto as "Exhibit E." Subsequently, Ms. Kuhn denies any responsibility in the failure of the
estate to pay inheritance taxes or delays in settlement of the estate.
19. Ms. Estill alleges that she will have "difficulty... obtaining the cooperation of Ms. Kuhn" if
the Court permits her to remain as Co-Administrator. See, "Exhibit A" ¶ 18).
20. However, in Hurley's Estate, a Pennsylvania Appellate Court upheld the trial court's refusal
to remove an executor where testimony merely revealed personal antagonism between
executors. Ms. Estill must allege more than a mere lack of cooperation to justify removal.
In re Hurley's Estate, 169 A. 81 (I'a. 1933).
21. The only other reason cited for removal of Respondent in Ms. Estill's Petition is that
Respondent is in an "adversarial position" with the estate for the failure to execute the sale
of the real property of the estate. See, ~ 17 of "Exhibit A"
22. The Parson Court explained that an executrix's refusal to execute a power of sale is not
enough [for removal]. In re Parson's Estate, 82 Pa. 465 (Pa. 1876).
23. While both parties disagree as to who caused the delay in sale of the real property, the delay
in sale does not provide adequate cause for removal of a Co-Administrator, according to the
Parson Court.
24. An executor will not be removed on the ground of a mere disagreement between
[executors], nor to gratify the malice or bad feeling of one against the other. It must clearly
appear, based upon the pleadings and evidence, that an executor's continuance in office will
jeopardize the interests of the estate. In re Morgan's Estate, 20 Phila. 28 (I'a. 1890).
25. Ms. Kuhn believes that she has never jeopardized the interests of the estate.
26. Ms. Kuhn further avers that, as a result of her efforts, the estate property is in better repair
currently than it was at the time of death of the Decedent.
27. Ms. Kuhn believes that she has made every attempt to properly administrate the estate,
despite the disagreements with Petitioner, and any slight misjudgments throughout the
adnunistration of the estate have been promptly addressed, precluding any need for
Respondent's removal.
28. Ms. Kuhn believes and avers that it is in the best interest of the estate that she remain
Administrator, and given the allegations in Ms. Kuhn's Petition to Remove Judy Ann Estill
as Co-Administrator (See, Exhibit E), it is also in the best interest of the estate that Ms.
Kuhn remain .role Administrator of the estate.
WHEREFORE, it is respectfully prayed that this Honorable Court grant the Preliminary
Objections and dismiss the Petition for Removal of Susan Ann Kuhn as Co-Admuiistrator.
Respectfully submitted,
c~KUTULAKIS, T.T.P
~~~E~~-~1~~~~
'.~~.
Jas~i P. K~ut lakis, Esquire
2 West High Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Ke.rpondent
Susan Ann Kuhn
VERIFICATION
I verify that the statements made in the foregoing Prelimuiary Objections to the
Petition to Remove Susan Kuhn as Co-Administrator of the Marlin Marsh Estate are true and
correct. I understand that false statements herein axe made subject to the penalties of Pa.C.S.A.
X4904, relating to unsworn falsification to authorities.
_.--
C, 3
Date: ` YL~. ~ ~s ~~~~-
usan Ann Kuhn
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
In the Estate of No. 21-11-68
MARLIN L. MARSH,
a/k/a MARLIN LEROY MARSH,
late of South Middleton Township,
Cumberland County, Pennsylvania, .
deceased
PETITION FOR REMOVAL OF SUSAN ANN KUHN AS CO-ADMINISTRATOR
1. Your Petitioner is Judy Ann Estill, an adult individual
who resides at 2829 South Queen Street, Dallastown, Pennsylvania
17313.
2. The Respondent to the within Petition is Susan Ann Kuhn,
an adult individual who resides at 151 South East Street, Carlisle,
Pennsylvania 17013.
3. A third interested party in this matter is Brenda Sue
Slaybaugh, an adult individual who resides at 8 Thornhill Court,
Carlisle, Pennsylvania 17015.
4. The decedent, Marlin L. Marsh, died intestate on November
27, 2010, leaving to survive him three daughters, who are
identified above.
5. On January 14, 2011, the Register of Wills of Cumberland
County, Pennsylvania, granted letters of administration to Ms.
Estill and Ms. Kuhn. Ms. Slaybaugh renounced her right to
administer in favor of Ms. Estill and Ms. Kuhn.
6. In the course of the administration of this Estate, Ms.
Kuhn expressed an interest in purchasing the real estate of the
Estate, but the parties were unable to agree as to a value for such
a purpose. It is believed that, as a result of this inability to
reach terms for a sale to Ms. Kuhn, Ms. Kuhn has become
increasingly difficult for Ms. Estill to communicate with, and has
recently isolated herself from all communications and made it
impossible for decisions to be made in a co-equal manner that are
necessary for the administration of this Estate to continue.
7. Initially, during the course of the administration, the
Estate was solely represented by Marc Roberts, Esquire. More
recently, through efforts of the parties to have communications
which would be effective to allow the administration to continue,
David A. Baric, Esquire, has entered his appearance in the Estate,
he being the principal spokesman for the interest of Ms. Kuhn,
EXHIBIT
while Attorney Marc Roberts is the principal spokesman for the
interest of Ms. Estill.
8. Because of the inability of the two Co-Administrators to
communicate, the real estate and personal property of the Estate
have not been effectively marketed and the Estate, being
essentially without liquid assets, has been unable to prepare or
file a Pennsylvania Inheritance Tax return. The normal time for
filing such a return has passed, and Attorney Roberts has regularly
reminded the Co-Administrators of a need to proceed with the
administration to address the Estate's inheritance tax burden and
the interest which is now accumulating on the tax.
9. Through the joint efforts of Attorney Roberts and
Attorney Baric, a meeting was scheduled in the office of Attorney
Baric on October 11, 2011, at which it was expected that both
counsel, both Co-Administrators, and an auctioneer proposed by Mr.
Baric, Kevin M. Wickard, would appear. All parties except Ms. Kuhn
appeared. Ms. Slaybaugh was also in attendance. The meeting
proceeded with Attorney Baric speaking for Ms. Kuhn. A tentative
agreement was reached to employ Mr. Wickard to conduct an auction
of the Estate real estate and personal property, but this
agreement by necessity was subject to the execution of a written
auction contract and agreement to the proposed auction date of
November 26, 2011. Ms. Estill has signed the written agreement and
is awaiting the signature of Ms. Kuhn.
10. Despite regular requests since the date of the aforesaid
meeting, it is the understanding of Attorney Roberts that Ms. Kuhn
has failed and refused to execute the auction contract, and as a
result, is continuing to impede Ms. Estill in the performance of
the proper duties of a Co-Administrator. In the absence of an
ability to engage in useful communications with Ms. Kuhn, which is
believed likely to continue, Ms. Estill has been barred and
rendered unable to function in a practical way as a Co-
Administrator.
11. It is in the best interests of the administration of the
Estate and prompt payment of the Estate's inheritance tax
obligation to allow Ms. Estill to continue as a sole administrator,
to proceed with the proposed public sale of the Estate property,
and to complete all other functions of administration.
12 . The other interested party, Ms . Slaybaugh, is in favor of
the relief that is requested in the within Petition.
WHEREFORE, Judy Ann Estill requests that this Court remove
Susan Ann Kuhn from her capacity as a Co-Administrator, and permit
Judy Ann Estill to serve as the sole personal representative of the
Estate of Marlin L. Marsh to its ultimate completion.
Respectfully submitted,
Marc Roberts, Esquire
149 East Market Street
York, PA 17401
(717) 843-1639
I.D. No. 34355
IN RE: THE ESTATE OF
MARLIN L. MARSH, a/k/a
MARLIN LEROY MARCH,
late of South Middleton
Township, Cumberland County,
Pennsylvania, deceased
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-11-0068
IN RE: PETITION FOR REMOVAL OF
SUSAN ANN KUHN AS CO-ADMINISTRATOR
ORDER OF COURT
AND NOW, this 27~' day of February, 2012, upon consideration of the Petition for
Removal of Susan Ann Kuhn as Co-Administrator, a hearing is scheduled for Monday,
May 7, 2012, at 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse,
Carlisle, Pennsylvania.
Marc Roberts, I/~ f.I.
149 East Market S i eet
York, PA 17401
Attorney for Petitioner
BY THE COURT,
Su an Ann Kuhn
~'S 1 S. East Street
Carlisle, PA 17013
Brenda Sue Slaybaugh
To Y.:'~
r~~
~, ;~
8 Thornhill Court
~,-n
~" ~'
;:, ''
Carlisle, PA 17015 ~~(~ ;~ ``
~-- ~ ~,
r,•~;^ ~,
_
_] ~
- .iJi
. _.y
~+
~ -_:_:
~.._ f'Tl
D ~7 Cry ~~
'
T7
EXHIBIT
t
Christylee L. Peck, J.
IN RE: THE ESTATE OF IN THE COURT OF COi~~'VION PLEAS OF
NL~RLIN L. MARSH a/k/a :CUMBERLAND COUNTY PENNSYLVANIr1
MARI IN LEROY MARCH
CIVIL DOCKET NO.: 21-11-0068
ORPHANS' COURT DIVISION
ORDER OF COURT
AND NOW, this day of May, 2012, after due consideration of the within Motion,
IT IS HEREBY ORDERED AND DECREED THAT the Respondent's Amended Motion for
Continuance is hereby granted. The hearing currently scheduled for May 7, 2012 at 9:30 a.m. is
CONTINUED to the da of , 2012 at o'clock .M. in
Courtroom Number of the Cumberland County Courthouse.
BY THE COURT:
J.
Distribution•
Jason P. Kutulakis, Esquire
Marc Roberts, Esquire
Brenda Sue Slaybaugh, 8 Thoi-~1hi11 Court, Carlisle, PA 1701 ~
EXHIBIT
b
'1
Aso~1 Cr
KurLi~xls
Jason P. huculakis, Fs~luire
.1~tumcc LD, #: 80~ll
3 ~Y/est IIi~h Street
ca~~~~~~, T~~y no>
71~ 2-49-091)U
IN RE: THE ESTATE OF
MARLIN L. MARSH a/k/a
MARLIN LEROY MARCH
~~ t ,,4 ~, ,,_rE Or
. _ ~
1 _ !:I
~,
1~~._ _...'.7
... ~ ~`' ~E~~rtY -~ F'' ~.
C~ EF'~ CF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
CIVIL DOCKET NO.: 21-11-0068
ORPHANS' COURT DIVISION
TO THE HONORABLE CHRISTY LEE PECK, JUDGE OF SAID COURT:
AMENDED MOTION FOR CONTINUANCE
AND NOW, this 4`" day of May, 2012 comes the Respondent, Susan A. Kuhn, by and
through her counsel, Jason P. Kutulakis, Esquire, of Abom & Kutulakis, L.L.P., and respectfully
moves This Honorable Court to continue the hearing on Petitioner's Petition For Removal of Susan
Ann Kuhn as Co-Admnustrator, and in support thereof avers the following:
1. Petitioner is Judy Ann Estill, co-administrator of the Marlin L. Marsh estate.
2. Respondent is Susan Ann Kuhn, co-administrator of the Marlin L. Marsh estate.
3. By Order of Court dated February 27, 2012, a hearing before The Honorable Christy
Lee Peck was scheduled for Monday, May, 7, 2012, at 9:30 a.m.
4. Respondent was unhappy with her previous counsel, David Baric, Esquire who
subsequently withdrew in December 2011.
5. Present counsel, Jason P. Kutulakis, Esquire, of Abom & Kutulakis, L.L.P., was just
recently retained on Thursday, May 3, 2012.
6. Present counsel has also just received the file from the previous attorney on Friday,
May 4, 2012.
7. Having received the file on Friday, May 4, 2012 does not give present counsel
adequate time to prepare fully for the hearing on Monday, May 7, 2012.
8. Respondent respectfully requests the hearing be continued to a later date.
9. Undersigned counsel has contacted Marc Roberts, Esquire, counsel for Petitioner,
Judy Ann Estill, who does oppose this Motion.
WHEREFORE, Petitioner prays this Honorable Court to continue the hearing on the
above-captioned matter to a date to be determined by the Court since undersigned counsel was just
retained.
Date:
Respectfully Submitted,
J on P. Kutulakis, Esqu
torney ID No: 80411
A orn & Kutulakis, LLP
2 West High Street
Carlisle, PA 17013
(717) 249-0900
(717) 249-3344 facsimile
CERTIFICATE OF SERVICE
AND NOW, this 4`'' day of 1\Iay, 2012, I, Shannon Freeman, of ABO~it ~~ KL'TC'L,1I:IS, I I I',
hereby certify that I did sertire a true and correct copy of the foregoing AMENDED MOTION
FOR CONTINUANCE by depositing, or causing to be deposited, same in the United States Mail,
First-class mail, postage prepaid addressed to the following:
Marc Roberts, Esquire
149 East Market Street
York, PA 17401
Attorney far Judy Ann Estill
Brenda Sue Slaybaugh
8 Thornhill Court
Carlisle, PA 17015
i
,r
S~i~annon Freeman
IN RE: THE ESTATE OF IN THE COURT OF COi~I~10N PLEAS OF
MARLIN? L. MARSH a/k/a :CUMBERLAND COUNTY PENNSYLVANIA
MARLIN LEROY I~L~RCH
CIVIL DOCKET NO.: 21-11-0068
ORPHANS' COURT DIVISION
ORDER OF COURT
AND NOW, this ;x~~, day of May, 2012, after due consideration of the within Motion,
IT IS HEREBY ORDERED AND DECREED THAT the Respondent's Motion for Continuance
is hereby granted. The hearing currently scheduled for May 7, 2012 at 9:30 a.m. is
CONTINUED to the ~~~ day of ~~,-~._. , 2012 at %C' c .S o'clock ~.M. in
Courtroom Number ~_~of the Cumberland County Courthouse.
BY THE COURT:
~ J.
Distribution•
Jason P. Kutulakis, Esquire
Marc Roberts, Esquire
Fsrencia Sue Siaybaug'ii, 8 T hornbill Couri, Carlisle, PA i i 0 i 5
!-~ 'r3UE GQPY F'ROAA RECORD
In Ts~timony vyhsrof, i hersunit~
S@t t71j/ tiltflQ ~fiQ this tlORI
of ss~}id Court ~ CasfNa, pA
Cferk of the CkDhruu Coutt
Cumbsrland County
n
~ ~ ru :~
-
~
-~--
~'_ r?
r- ~ ; C':
rn-=
~_~''' _~ _
_
--
_
~
D ~_
C
~ .~
EXHIBIT
IN RE ESTATE OF
NL~RLIN L. ~L~RSH
a/k/a MARLIN LEROY MARSH
late of South Middleton Township
Cumberland County, Pennsylvania
deceased
foregoing Petition To Remove Judy
Ann Estill as Co-Administrator of the Marlin Marsh
Estate is hereby ORDERED, that a hearing be scheduled at the earliest date and '
time
available to all parties.
BY THE COURT:
Distribution:
Jason P. Kutulakis, Esquire, Attorney for the Ke.rpondent
Abom & Kutulakis, L.L.P., 2 West High Street, Carlisle, PA, 17013
Marc Roberts, Esquire, ~lttos~rey for the Petitioner
149 East Market Street, York, PA, 17401
EXHIBIT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANLA
NO. 21-11-68
ORPHANS' COURT DIVISION
ORDER OF OIIRT
AND NOW, this _______ da of
y , 2012, upon consideration of the
IoM ~
I~uTU~KIs
)arson P. hutulakis, Esquire
_~ttorney~ LD. #: ~0-~ll
2 ~F'est High Street
Carlisle, P~1 17013
(717) 2 ~9-0900
IN RE ESTATE OF
MARLIN L. MARSH
a/k/a MARLIN LEROY MARSH
late of South Middleton Township
Cumberland County, Pennsylvania
deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-11-68
ORPHANS' COURT DIVISION
NOTICE T PLEAD
TO: Judy Ann Estill
c/o Marc Roberts, Esquire
149 East Market Street
York, PA 17401
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Petition and Notice
are served, by entering a written appearance personally or by attorney and filing in writing ~~ the
Court your defenses or objections to the claims set forth against you. You are warned that if you fail
to do so the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER,
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDli CED FEE OR NO FEE.
Pennsylvania Bar Association
Lawyer Referral Service
1-800-692-7375 (PA ONLY
or 717-238-6715
Respectfully Submitted,
ABOM R~ KUTUI,AKIS, LLP
Date: June 1 2012 ~+ ~ ~ ~ ,~ ~ ~ ~_ ~
~-.~ ,
~ ,z-, ~ C.._-~
- r ~ %~~, ~ ~ - ~ ~ ,.,f
-` -- r
-Jason P. Kutulakis, Esquire ~ ~ ``"-
Attorney ID # 80411 '°.
2 West High Street ~ ~~ ~ y'`~~
Carlisle, PA 17013
(717) 249-0900
Attorney for ,Susan Kuhn
o~ ~-
uTU~KIs
Jason P. hutulakis, Esquire
_~ttorne~ LD_ #: 80=111
?rest High Street
Carlisle, I?~ 1^013
(?1?) ?-I9-0900
IN RE: THE ESTATE OF
MARLIN L. MARSH .
a/k/a MARLIN LEROY MARSH
late of South Middleton Township :
Cumberland County, Pennsylvania
deceased
^'
~ ~~
~
r
'
fi r
r'
, '
-
i
G, ~j'
~ ,
~
~;
~
~~
'
~ C~
3
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANL~
NO.: 21-11-68
ORPHANS' COURT DIVISION
THE MARLIN MAR H E TATE~
AND NOW, comes the Respondent, Susan Ann Kuhn, by and through her attorne
Jason P. Kutulakis, Esquire, of ABOM & KUTULAhIS, 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"), who currentl
resides at 2829 South Queen Street, Dallastown, Pennsylvania 17313 and is y
represented by Marc Roberts, Esquire, of The Law Office of Marc Roberts.
2• Respondent is Susan Ann Kuhn, (hereinafter referred to as "Ms. Kuhn"), who
currently resides at 151 South East Street, Carlisle, Pennsylvania 17013 and is
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."
Martin is survived by three (3) daughters, identified above as Ms. Estill, Ms. Kuhn,
and Ms. Slaybaugh.
~. 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."
~- Ms. Slaybaugh has renounced her right to administer in favor of Ms. Kuhn and Ms.
Estill. See, "Exhibit A."
8• D~mg 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 e-mail letters to Ms. Estill urging
Ms. Estill to cooperate in order to settle the estate; suggesting methods to prepare
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 i~Ts.
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, includin
but not limited to, an e-mail and a letter previously sent to Ms. Estill g
without response.
i• Ms. Kuhn asks when Ms. Estill will be available to sign the car title (part
of the estate) over to the purchaser and mentions that she has been
"texting" Ms. Estill regarding the car title since May 18, with no response.
14. On June 19, 2011, Ms. Kuhn contacts the office of Marc Roberts, Attorne
representing the estate, requesting a private meeting with all parties 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 Baric 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 X155,000.00. 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 twen ~-
days prior to settlement of the real estate sale, Ms. Estill elected to terminat(e~8)
electricity to the estate without consent of the other heirs, despite their June 3 e
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-
Admiiustrator 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. 17t~1 inquiries from Ms. Estill or Marc
Roberts, Esq.
24. Prior paragraphs are incorporated herein by reference.
25. This Court has statutory authority under 20 Pa.C.S.A. ~ 3182 to remove a erson
representative. p al
26• The Court may remove a personal representative when [s]he is wastin or
mismanaging the estate... or has failed to perform an du g
when, for any other reason, the interests of the estate are likelyp o be beopardized b
[her) continuance in office. 20 P__a,C.S 1~ ~ 3182. y
27. The Administrator of an estate can be removed for failure to make an invento
estate assets and pay estate debts from a separately maintained checking account of
Matter of Estate of Fre , 693 A.2d 1352-53 (Pa. Super. 1997)
28. An Administrator can be removed for cotruningling 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 f
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 a ~ estat
expenses out of her personal account and expecting reimbursemenpfromgestcte
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, requestin
information and cooperation throughout the entire estate administratio g rocess
See, "Exhibits D, F, G, and H." P ,
32. Due to the strained relationship between co-administrators, communicatio
inefficient and ineffective. As a result, serious delays have been created in the s
administration of the estate.
33. The correspondence between Ms. Kuhn, Ms. Estill, and their respective attorne s
indicates that Ms. Estill is frequently out of town, resulting in delays in meetin s
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 ut the esta
jeopardy of deterioration, and caused the termination of the sale of the estate to in
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 possibl
decreasing value of the real property of the estate as a result of significant dela s.
Y
36. Ms. Estill has failed, despite Ms. Kuhn's best efforts, to transfer the estate car titl
to the purchaser William Marlin, potentially resulting in the loss of funds to the e
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, ~nthout 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.
WHERL~FORE, the Petitioner requests that this Court remove Judy Ann Estill
from her capacity as a Co-Administrator, and permit Susan Ann Kuhn to sere
Executor of the Estate of Marlin L. Marsh to its ultimate completion. e as the sole
Respectfully submitted,
ABOM c~ KUTUT.A TlT,S~ L,L.P.
D ATE ' I ~ l _ - . € r
'~~~ ~i, ~ 1 ~l~> ~.
i •;
t' -_. -Jason P. Kutulakis, Esqui~e j ~~~~-- '~
Supreme Court ID 80411____ !~ ~
2 West High Street
Carlisle, Pennsylvania 17013
(717) 249-0900
Attorney for S'u.ran Kuhn
VERIFICATION
I verify that the statements made in the foregoing 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: (i ~ ~ ! i ~
t; ~
S ,san Ann Kuhn
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
ORPHANS' COUN'T'Y. PENNSYLVANIA
COURT DIVISION
In -"° ~ Estate of MARLIN L.
late of South MiddletownHTownship, ~ rdo_ ~
1-11-E~
Cumberland County, Pennsylvania
CERTIFICATE OF NOTICE UNDER RULE 5.6 a
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
Judy Ann Estill
Susan Ann Kuhn
Brenda Sue Slaybaugr
Notice has now been
Rule 5.6(a) except:
Date: April 5, 2011
Ad-dress
2829 South Queen Street, Dallastown, F'A 17313
151 South East Street, Carlisle, PA 17013
1 8 Thornhill Court, Carlisle, PA 17015
given to all persons entitled thereto under
none
Marc~Roberts
i
---
,
re
--
149 East Market Street
York, PA 17401
(717) 843-1639
ID No. 34355
Capacity: Counsel for
Personal Representatives
c~
O c ~ r
` "~
Q
_ - ._ ~,-
_ ---~'--
lL
~ L~ ~1 .
~_~ ,: r_.
U
V
~~
~~~I6~~
d
~ f ~~
IN THE COL?RT OL' C'OI~L~ON PLEAS OF CUMBERLA~,~ C®I,'NTY, PENNSYLVANIA
REGISTER OF WILLS
PETITION P'OR PROBATE AND GI2.~NT OF LETTERS
Estate of MARLIN L. MARSH
a/k/z: MARLIN LEgOY MARSH ~Dece¢sed ESTATEN~; 2
1- l 1 - C `~T~-(e ~S
a/k/a: ~
SS NO: 1618-26-4583
Petitioner(s) who is/are 18 ~s of a~ ~
~ de or older, apply(ies) for: COMPLETE SECTIO
applicable: `
'
`
or
A
B' ,4NID "C" as
^A. Probatt; and Grant of L
tt
e
ers Testamentary orOAdministration e.t.a., or d.b.n. .t.a. (completePart Calso)
and aver that Petitioner(s) is/are entitled to the aforementi
d
one
Letters
the last Will of the above-named Decedent, dated under
and codicilO dated
(State relevant circumstances, e.g. renunciation, death of executor, etc.l _
Except as follows, Decedent did not many, was not divorced, and did not have a child b
instruments offered f
~
~
om or ad pted afrer~euo~tion of tf~
or probate; was not the victim of a killing, was never adjudicated an incapa stated ers
party to a pending divorce proceeding at the time of d
P 4~
-~t~L~vas m
th
t +-,-; r-~
~
_
,
_
,
ea
I
a
23 Pa. C.S.A. § 3323(8):
wherein grounds for divorce ha been establish~j~s Befitted in
?~
'-!~
;
- .-~ -
[~ B. Grant of Letters of Administration ~ - _
`
_J ~ - ~,i
(If appHca6le, enter d.b.n, pendent life, durante absents durante `
m
ritate) •• r--. T
C. Petitioner(s), afrer a
ro
e
~
p
p
r search, has/have ascertained that Decedent left no Wil] and was su vived b
following spouse (if any) and heirs (If Administrati
V~ ` ~ ~
on e.t.a. or d.b.n.c.t.a., enter date of Will in Se tion A and com lete li
heirs); was not the victim of a killing; was never adjudicated an incapacitated person
p st of
proceeding wherei
d
; an
was n t a party to a pending divorce
n grounds for divorce had been established as provided in 23 Pa. C.S.A. 3323
(g), except as follows
:
Name --.
_ Address _ _
ADDITIONAL SHEETS IF; ECESS v,`
PA 17013
THIS SECTION MUST BE COMPLETED: -'~ to renounce 17015
Decedent was domiciled a# death in Cumberland County, Pennsylvania, with his/her last
(Street addtcss 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 a[ death: (Month, Day, Year ofdeath)
If domiciled in PA
If not domiciled in PA
_[f not domiciled in PA
_Value of Real Estate in Pennsylvania
norough, City)
(City and State
All personal property
Personal property in Pennsylvania
Personal property in County
Location of Real Estate in Pennsylvania: (Provide full address if possible.)
`i nature(s)
''' t~Lt~~„~
n Form RW_02 revised 1226.10 by
Total Estimated Value
340 Oxford Roa
IVamc(s) & :Ylailing Addt
Judy Ann Estill,
o, s wn,
or principal residence
death occurred)
s6,000 00
$ 1 ~~ ~t7~ n0
$~ _ nnn o00
Gardners, PA 17324
2829,South Queen
3224
~__ Susan Ann Kuhn, 51
County pending action by the Court ~ ~ S O LI t rl East S t ,
717/243-837 ~ 1'age~otz
~~
;~,°`~,
®AT~ ®~ PERSONAL P~PRESENT,~TIVE
Commonwealth of Pennsylvania
County of Cumberland SS
The Petitioner(s) herein named swear or affirm that the statements in the foregoing Petition ar
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 e true and
law ( )
Swom to or affirmed and subscribed
i
before me this ~ ~ da of ~-
Janua~_ - ~ y Judy Ann
~~ , ~_
~I 1{{~G.Q,Q ~ `{ usan nn
For the RPR;~+o_
DECREE OE PROBATE AND GRANT OF LE
Estate of MARLIN L. MARSH
Deceased File Number: 21-_
AND NOW, this day of Januar
the reverse side hereon, satisfacto 2011, in coy
Testaments rY Proof having been presented before me, IT
- rY ~ of Administration
Ju d (tf aPPlicable, enter c.ta., d.b.n., d.b.n.c.t.a., etc.) are h
Ann Estill an u
the above estate and that instruments(s) dated n/a
admitted to probate and filed of record as the last Will and Codtcil(s) of Decede
Glenda Farner Strasbaugh,
Register of Wills
FEES:
Letters .................... $ ~ ~ .OCR
Will ..............
........
Co icil(s)...... ..
( Short Certificates _
~ . a~-
(~ ) Renunciations.....
Bond ................. .._~ -C
----
............
Other ............................ .
.............................
Automation FEE
.........
JCS FEE ..
5.00
................. 23.50
TOTAL ................$ _ ~~j ,~~
Signature of Counsel Req
Atty's Signature
~~~ n
~-C> --
011 -~`~ ~ _~
~~
__.rTi .:z
'ideration Q~ ~
t~'3~etition on =
DECRE ,~}i=art LetFci's `
reby gt.an~~ _~. = --
;_
v `:~ :. _ ~: ~~
{ .~ in `~ ~
cribed in the petition be ~
G~,C ~
to~te~ Appearance
PRINTED Name: M~rc Roberts, Es ui
Supreme Court ID No.. q
34355
Address
Phone
Fax:
Interim Form RW- ~ `-
0_ revised 1226.10 by Cumberland County pending action by the Court
149IEast Market Stree
York, PA 17401
717843-1639
,_ ,
P~e~ 2 of 2
sue ku6~n ~su?sie3~@gmail.com>
:~
1 message
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 faking advantage of me. she has used my love for her children fio
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 thornhill but i didn't do that for brenda, i did it so
daddy didn't have to do it alone, to try fio 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 te(I 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 thi sin m
said anything remotely like this to me » so you know how awful she was acting.y knouvbn paddy has never
**horrible** but i have apologized to daddy (and MANY others) for my behavior and i feel such re ret and
sadness about what i have done .. brenda on the other hand does not feel any regret 'ust a y past i have been
INCREASING SENSE OF ENTITLEMENT. you can only do fora g
,) n EVER
responsibility to step up and do for themselves .. i am done doingorsherf of don~t feel wetaere oblgated 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 supportslagrees 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 w,-as a stru
my multitude of flaws. i searched my soul for the reasons of wh i becametcok a cold hard look at myself and
related to childhood but as an adult i should have known better, ycan't blamehany of my mstakes,'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 res
who i am as a person and completely trusts me. that is priceless .. but on the fli side of chan ipy m Wafor»
i refuse to back down and let anyone (including our sister} use me. that is exactlpy 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
~f? E~HA~~~
Sue Kuhn <suz`ie38@gmaiLcom>
To: judyestill@comcast. net
hi,
Fri, Jan 21, 2011 at 2:01 AM
4/26/20L 9:56 AM
~f-~,
have a house full of animals ~_ .ake care of and I'm at the estate so much ti ~~~ m house
because I'm not here to clean as usual, she knows I'm o_ Y is a freakin fur bal(
hasn't offered once to help him or mom thru this or any oth Y tiliness nd still trying to take care of dadd a
y (sh,.
=parasite.
4/26/2012 9:56 AM
149 East t/1a~ket Stye.=t
York, ?annsylvania 17401
AP'-"il 18, 2011
David A. Baric, Esqui,-e
BARIC SCHERER
l9 West South Street
Carlisle, PA 17013
Re: Estate of Marlin L. Marsh
Dear Mr. Baric:
Saray
~~r:
~°fap~on° (717) 843-1639
d:;sir„iie (717) 845-8700
Thank you for your letter of
what I understand Jud March 29, 2011. First,
has in the real estateEstill's position to be on an let me clarify
time, she has never specifieddanhas informed me that interest she
tO Pay for the real Y amount that she would be willing
were to Property, although she has stated that if she
buy it, she would offer significantl
$84,000 that was offered b
she ma Y Charles Doroth Y h1gher than the
y be willing to present an Jud y' and Susan. Although
memo esr °f the public may be willin Y also acknowledges that
and she feels that it is in g to PaY more than family
parties involved, and the best interests of
Property is presented fo particularly Brenda Slaybaugh, if the
the conflicts that are a Public auction. Doin
purchase PParently present when a fiduciar uld avoid
estate real estate privatel
difficulties of presentee Y seeks to
Charles, Doroth g competing contractsubetween1Jude the
y and Susan.
I am provid'
y and
of the ing an accounting that has been su
financial activity of the estate, PP11ed to me b Y
particular concern about .With regard to Jud
coins that have been sold were disposed of with the Y°ur
John I can tell you that the
Freet, a retired certified assistance of
knowledgeable coin public
coins is collector. His separate account n ant, and
also provided. A second sheet
military items that were references someor the
nothing in her activities asoad To my knowled e other
in good faith was co-executor that she did dy has done
note of satisfactory to Susan. not believe
Your concern in your letter of Mar h 29W111' however,
from this point forward with take
of court .
order complete concurrenceawidth1Susanloraby
~XtilBii'
~ ~
uunx uu~ u~sns
TTT~ss uu~ ~pnr :o,a
.sTou~
Ts~p/2iW
s~zago~T oz~eW
5uzzziuzxaiu '~Tazaou;rs
~ ~pu~ ~~M ~ ut pTos aq ~T 'aotzd 6uz
~nq a~~ sa ar~~ ~o ~~zadozd a ~~u~ suza~uoo 5utssazdxas~aq~
auk ~~ 'asn~,oaq Tasunoo u~ ~nq o~ 6uz~admoo Tuo
I '~~;raadao TpnpT~T Tanpzn;rput a~~ you sz aus '~uatuoui
put qua ut TTt~s~ ~u o~ zar~ zoo paau ou aas
Pnr .6ur~uasazdaz you ~a I
uotuM 'za~~~~ ant~az 'tuar~~ uaaM~aq ~szanoz
o~ tpuod u~oq 'r~TTn~ dog ;ruip ~znsaazOZ a sa st~uoo ou o n~o plnous
q ZL'M u~ MaZ11 ~LIO~
o~ saM a s ~ou$ s,uszaW uzTzaW aTq~ua o tl auk ~q passa ozd a
uzn~az as~a not M 'TTOZ 'zT uoz~ ~ Pazzzu~ou any q
zau~o asau~T burins ~au~ za~~aT sz ° zau a~~6 ~pnr ~~ u Puy u6ts
pza5az nod u~ u~nozr~~ sp u~ zad~d auk
u~?M ~ TTzM I 's~aaCgns
~LIT~p~TiInU1L110~ 1llL' I S2 FJiIOT S~
z a6~d
TTOZ '8T Tzzd~
Sue €;uhn <SU~le38r@g€re;df.cor„>
~..C~P ®'~ EE~~e~t
1 message
Ss~e I{~a{~7 ~su~ie3a@gmail.com>
To: ludYestili@comcast. net
Judy,
Nlon, May 30, 2011 at 11: i 0 pM
The estate needs settled and I'm sending you this letter to inform you of wvhat i woul
situation.
d like to do about this
I'd like to hire Qaddy Freddy and Rich at a rate of $10/per hour to get the contents
public auction. Since we can not come to an a ree ~ of the estate rea
9 m~nt, I feel the property should also be sold at thids au~ tion.
The 2011 taxes need paid. Since you have taken all the checks to the estates acco
paying these? If not, please let me know and I wiN pay them.
unt are you p{anning on
E:(1-~I~IT
-~ 4/26/2012 9:45 AM
sue kuhn <suzzie38@grrail.com>
Cease and desist
4 messages
Judy Es#ill <judyestill@comcast.net> Fri, Jun 3, 2011 at 9:38 PM
To: Sue Kuhn <su~ie38@grnail.com>, rtslaybaugh@gmail.com, mare Roberts <Marc@marcrobertsfaw.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
See Kahn <suzie38@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. Daddy 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
~®x~i~oz
r-
~ ~~ 4/26/2012 9:24 AM
of 3
my own interests in this prop....;, it bener`ited all of us. Were you planning o,..~moving this flre hazard? Other
than the free clean up w~ at specifically do you mean when you write 'other events'? ror 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 Pike 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 Light 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. Have a nice night.
[Quoted text hidden]
Sege ~a~h~ <suzzie38~r grrail.com>
To: suzzie38@yahoo.com
Sat, Jun 4, 2011 at 12:57 AM
[Quoted text hidden)
Seae i~uhe~ <suz?ie38@gmaiLcom>
To: Judy Estill <judyestill@comcast. net>
Sun, Jun 5, 2011 at 11:50 PM
of 3 x/3612012 9:34 AM
Are you planning to cooperates at all? I try to contact you and every time I g~~ NO response rrom you. This
estate needs settled (we are running out of time) and it is your obligation to assist in this matter. !s there a
reason you are making this so diiicult? .. 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 please respond
back SO we Can make a plan on settling th,s estate? I have been trying since PJlarch to aet a response tro,~n you.
(Quoted text hidden]
3 of 3 4/26/2012 9:24 AM
Sent: Sunday, June 19, 2011 10:03 PM
of~
I expect a PRIVATE conversation that is held 'in person' between myself, Marc and Judy. 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 available 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 Pike 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 companies 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
I 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 R®berts <Marc@marcrobertslaw.com> Tue, Jun 21, 2011 at 9:59 AM
To: Sue Kuhn <suaie38@gmail.com>
Cc: Linda Parrish <Linda@marcrobertslaw.com>
EXHI~IY
~ 4/26/2012 9:26 AM
D'
D
3 ~ --~
Sept: Monday, June 20, 2011 8:49 PM
Tom: Marc Roberts
Se~~jeelr: Re: FW: Meeting Marsh Estate
Anon-private phone call is not satisfactory. I'm still waiting for the information about the lawn
and taxes.
[Quoted text hidden]
Sue Kuhn <su~ie38@gmail.com> Tue, Jun 21, 2011 at 9:45 PM
To: Marc Roberts <Marc@marcrobertslada~.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 raom 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.
marc, 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
estate adding their opinions a,.~ causing further conflict .. hence, that is vy~hy ~ would iike 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 vrith the estate and remaining propery, at the residence, being auctioned BUT I'd like to know
'the specifics such as but no limited to: is tlr auction company going to box the items in the Garage 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 heavy '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 r"ew days.
have a nice day :}
(Quoted text hidden]
Srae I{a~ten <suzzie38@gmail.com>
To: Marc Roberts <Marc@marcrobertslaw.com>
Tue, Dec 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 PJO electric
and there is a yellow tag on the box? .. I need to know immediately due to pipes freezing etc. And IF she did
were you aware of this?
(Quoted text hidden]
of 5 4/26/2012 9:26 AM
Judy
~~~~: i=ridgy, July 1, 2011 10:3A:~~ ~~
~~~je~t: Re: Nfeetirtg
[Quoted text hidden]
[Quoted text hidden]
Sue ~utan <suzzie38@gmail.com>
To: judyestill@comcast. net
Tue, Jul 5, 2011 at 11:05 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. Have a nice day.
[Quoted text hidden)
Ai7CTI0N OF RE?~L EST?~TE
OF
ESTATE OF P3ARLIN L. M.~RSH
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
_x;324 (L'DI iJo. 4u-40-2654-02i) and is described as appears 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 following expenses of the property shall be prorated as of
the date of settlement: ,,
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, to to Seller and to to Buyer.
7. Ten ~~Oo) 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.
EX~91B6T
I''_' IS HEREBY AGREED BY AND BETWEEN Judy Ann Estill and Susan
P.nn Kuhn, Co-Administrators of the ESTATE Or MAR1~LIN L. MARSH,
hereinafter referred to as "Seller", and ~~~~ ~PL
Name (s) as desi ed on deed)
Ad ress - Telephone
hereinafter referred to as "Buyer," that the Buyer has agreed to
buv and Seller has agreed to sell the property described ip.
_ ~ r.
Appendix "A" for the sum of: ro
Dollars ($ ~~~ ~~
The attached '"Conditions of Sale" shall be the tern+:~s r>f this
agreement, to be observed and fulfil_lP~. by the parties in all
respects.
-° On this date, ten (l00) percent of that sum:
~_ ___-
~`~~ ,~ ~ -Dollars ($~S~f~ ) ,
has been paid to the Seller in partial payment of this purchase,
INTENDIrJG TO BE LEGALLY BOUND HEREBY, we have hereunto set our
hands and seals on November 26, 2011.
JUD ESTILL, Co-Administrator„ BUYER
S R _
S SAN ANN ICUHN, Co-Administrator, BUYER
SELLER
BUYER'S ATTORNEY:
Appendix "~"
ALL that certain tract of land situate in SOUTH MIDDLETON TOWNSHIP,
County of Cumberland and State of Pennsylvania, bounded and
described as follo~:vs
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 Soutri 23 degrees 15 minutes West, a distance of
347.0 feet to an iron pin; thence by the same and lard. now or
formerly of William ~. McCartney and Alice McCartney,e~5band and
wife, North 69 degrees West, a distance of 310.4 feet to a point in
the center of the said public road; thence 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,~ r~!. Brandt Estate, deceased, and Ronald E. Marsh and Robert"
V. Marsr~, 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, single man, who died seized thereof.
sue ~:°uhn <su~se~8@ga6oas!.co:m>
GS~ig~ a~CiCJ~ ~~~~tr?-s
1 messaca
Sue Huhn <suzzie38@gmail.com>
To: Marc Roberts <marc@marcrobertslaw.com>
Sat, Dec 17, 2011 at 1:07 RM
Judy confirmed the electric/heat 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 fior 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 ofi 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- Iwill 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 Boric. 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 a# fault in this situation? !was not
notified, as usual. Why should I be punished fior Judy's actions? I have never done anything to put the estate in
jeopardy, nor would I. I NAVE 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. Boric 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.
fair Roberts, let me close by asking you questions that I have previously asked you and you have chosen NOT to
answer. Sir, I 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 9:32 AM
a a:.
~ ~`~
have asked you verbally and ~,;ru email.
So, I'm asking you again for the third ti,~,e. Wnat are you charging to represent the estate? ,addrionaily, i'c
!ike to inquire about what you have charged the estate to daie?
2`.Additionaliy, while I'm asking you perinent questions, I'd like to ask you a~Alh~! if you were aware that Judy
was shutting oft the electric, on P~ov 2~,
2011 @ gam, WITHOUT notifying myself, the Yana's or Mr. Saric?
of 2 4/26/2012 9:32 AM
' ~, F
~~~ _
.~ ttor3~ei~s-at-L~a~ ~~~
,~
wn~ L 6~
~~~~~~
David A. Banc
Midzael 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:
~9 `'Vest SOL`1 Sheet
CdiiiSi2, 1 eI'i.t.S~'i~dIlid 1i'~IJ
(717) 249-673
(i17) 249-~7~~ -Fax
dbaric~a~baricscherer.com
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 aslc 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
evP ,, act of adi?11ri1StratiJr: by IVIS. K'.:1,Sl. Tt 2S n:y'.~^derstariding y~L:T ~liPI1t 1:25 C^11eCted 217d,
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.
E%HI~IT
v,
March 29, 2011
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,
BARIC SCHERER
David A. Baric, Esquire
DAB/j 1
cc: File
dab.dir/realestate/yana/oxfordroad/roberts2.ltr
cc: Susan Kuhn
Charles Yana
~,-..,
~ d~..tible '
~ rd • .Funds Transfer • SC-Service Charue • `D fax D = _ -.
bit .,a B,u.~ : _ ~x __
h ravral • DC-De y r
U
its i.
t~ n .
m= Y --
AD Autcrrau Deposit • AP-Auto i ~P ~ ~ _.
P I i i/ ~, .DIT r ~_
'N i ~, R:~4Jr L' i / - n
~WM1B R09 yr '~, Px AGT ~n ~~ I°TI ~ ~ ~ ~~ ~ ~ ~ -_ ~~
DC I ~ -~ ~,7I -'~ ~ - ./i ~ d
.~ ]^' v; -- ~ -~ ~-~ „ ` ~ ~, ~~ ~ '1~`'~ # iii
:'~I ~r
j /.-~ .J-l~ r c f,-! Y ;t~ 1ti ~ ->r_2.:?/ma::l 'r ?7 ;~ id
0
,~
0 _ __ -- ----__
__ _
~ ~ z• va-`-d - > (ol D 1a ~ D ~`~ 79
_~ (~ 1a i o 7~ 72.
l~~ ~~ ~ ~ ~
u.
_- - _ ~`
~ e;.
~;:
Judy $ Funded to estate
:.mount paid Amount
frbm Judy; Cepesned
°erscnal rt~nds :o Juay s
S D34 DO ?ersonal tunes
57.r?7r7 I Check ', 99 horn ;uby persona accocnl ion gave m X6390 ~~n =a~n ,see ~z~owi
remain ng iunerai expenszs
56.090 DO O V0511 7 Cash rzcelved from Ron ti1arsn - ne e;.ne a: eslaw
5'~ OOO.DD Ot/08; 7 ! Cash m Susan for supplies,work pzriormed cy ner In_nds
j50 72 01108/7 7 Cleaning supplies
j675.00 01!1017 1 Richard Nestor - Furnace repair cneck x'90
j136.76 D711 7/17 E'iectnc bill cneck #197
g3q q5 0117 tl. 7 Cumberland Valley Pain ~Nanagemenl check #193
$426.00 Ovt 7!7 t Dumpster from R7 Carey Trucking check #194
Ray 258-1400 two week rental delwered on 7-74-t t
Oti3Dl71 Pappy -check #2D1 from Judy personal account to reimburse Charles Yana for cash given to Suuy
51.D00.00 while Judy was ~n Florida
01!37/11 Check #201 from Judy personal account to Susan for supplieslwork performed by Susan's fnends
51.000 00
5700.00 01!25!7 7 Ricky Slonebreaker Check #796
53,54227 02102/11 Check from estate to Judy to reimburse for funding
830.57 02123!7 7 Keys for estate for Brenda
$6,028.58 03/09/7 7 deposded check to my personal accoum for silver ooms -needed to pay for tombstone
$400.00 03114!7 7 military items sold
82.383.00 03/0911 t Silbaugh memonal for lomdslone check #270
51.207.16 03/7 7 /11 Charles Yana check from my personal account to reimburse for tax lem
$548.00 D2l26/t 7 Cash returned to Judy from Susan at estate meeting
Judy to estate as balance due from Judy
osited b
/
2/11 D
367;; 'v y
ep
04
7
53!5 49 06/09/11 Remaining balance paid to estate io complete the Coral personal funding/reimbursement by Judy
575.67860 $75.078.60
~.J
~' ~ ~ ~/
-~° ~ ~
~ n -+ o~
ro ~ o ~ o
~ r w ~ rn ~
6 ~. CD y ~, ~
C ~ N y
N W
O O
N
CD C
D C1
('p r~cnC~7Jn~ °ow ~
~ ~ ~ ~ 7.O ~
o ~~ ~.~~~ ~ ~°
ro ~ ~ O O ~ .~ ~ :i,
(p
N ~
Cl O ~ ~ ~ O ~
~
~ #
C'1
O y ~
O
N
Cn O ~ ~ n N fA
C ~ ~ -w 7C" "O O
~ ~ ,. O
i O -+ ~ (~D
O
~ O C ~ ~ d
O ~ ~ N ? ~
L ~ ~
~ o ~
a
ro c
~.
~ ~ c
v
~ ~ C
-~
O
_
o w
~ ~ ~
~ ~ ~ c~
r»
~o ~ ~
~ ~ ro
ro ~ a
a~ y
Q a
~ ~
rn
~i
m
~~
ca
0
~ ~ y
((11~~ CJ O O .C,
N -h G O O N C77
-J 01 O O O fJ~ O
~1 0 0 0 0 0 ~1
N O O O O O N
6=i ~ <4 ~
P.~. -~ N (~
{pry
~ N N W A d
_ n ; O C~ O iJ
O J ~1 W O Cb
e1 'mil -a O O C 1~
p N v o O O
Al
'Si
N
m
to
!/are t~of~ert.~, Es~uira
Sarah E. 8uhit~, Esr~uire
KCfhryn Nonas-i~unter, Esquire
149 East Market Street Te/a~hone (717J 843-1639
York, Pennsy/vania 17401 Facsimile (717J 845-8700
December 16, 2011 -- ~-~
/ ~,
i. ~ ~ ,'
r
Office of the Register of Wills ~`/ ~.,,Z-
Cumberland County Court House i
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 Kuhn as
Co-Administrator. Also enclosed is the $15 filing fee.
By this letter, I wish to advise the Court that my client, Judy Ann
Estill, will be out of state from December 16, 2011, through
January 2, 2012, January 18 through January 30, 2012, and February
10 through February 21, 2012. I would appreciate your noting these
times when my client will not be available for a hearing. Your
cooperation in this regard is greatly appreciated.
Should you require anything further, please feel free to give me a
call.
Sincerely,
Marc Roberts
dasl
Encls.
cc: Susan Ann Kuhn w/encl.
Brenda Sue Slaybaugh w/encl.
EXHIBIT
~;
+,
ef'~~f!og ~~iwt'S~1 ESm~~e
6 messages
Linda Parrish <Linda@marcrobertslaw.com>
To: Susie38@grnail.com
Susan:
~',? i~:~ssn <:.i'E.c,Tie~.~3"t~~gitec9'..COiS'i>
Thu, Jun 16, 2011 at 4:29 PM
I called Judy after I left you a voice mail message and tried to establish a date 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 y:u0 a. m. Vviii that suit your schedule? tvtarc 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.
Linda Parrish
Law Office of Marc Roberts
149 East Market Street
York, PA 17409
Phone
Fax
__ __
Lise~Ca Pas6ish <Linda@marcrobertslaw.com> Fri, Jun 17, 2011 at 9:56 AM
To: Sue Kuhn <suaie38@gmail.com>
Cc: Marc Roberts <Marc@marcrobertslaw.com>
of
,•
CERTIFICATE OF SERVICE
AND NOW, this 1;~ 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
r.
~~~ ~,, ._
~ \~~ 1 ~~:{'~ j~,r~ iii ~~^) r I;,~;~ ~.~-1'\J
Shannon Freema
CERTIFICATE OF SERVICE
AND NOW, I, Shannon Freeman, of ABOM & KUTULAKIS, LLP, hereby certify that I
did serve or cause to be served a true and correct copy of the foregoing Prelitnuiary Objections of
Respondent, Susan Ann Kuhn, to Petitioner's Petition to Remove Susan Kuhn as Co-Administrator
by First Class U.S. Mail at the following:
Marc Roberts, Esquire
149 E. Market Street
York, PA 17401
Brenda Sue Slaybaugh
8 Thornhill Court
Carlisle, PA 17015
JUNE 19, 2012
,~
'U~,1;1~'l~'tC'i~ ~~r't'~..C~.~
S neon Freeman