HomeMy WebLinkAbout06-20-12ECKERT SEAMANS CHERIN & MELLOTT, LLC
Thomas P. Gacki, Esquire
I.D. No. 44864
213 Market Street, Eighth Floor
P. O. Box 1248
Harrisburg, PA 17108-1248
717.237.6093
tgacki@eckertseamans.com
IN THE COURT OF COMMON PLEAS
ORPHANS COURT DIVISION
CUMBERLAND COUNTY, PENNSYLVANIA
I n Re:
Estate of Paul Edward Johnson, No. 21-2011-0742
Deceased .
PETITION FOR LEAVE TO RESIGN AS ADMINISTRATOR
TO THE HONORABLE, THE JUDGES OF SAID COURT:
The Petition of David L. Johnson respectfully represents:
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1. Petitioner and Melissa A. Bobincheck were appointed co-administrators of
the estate of Paul Edward Johnson ("Decedent") on July 18, 2011.
2. Petitioner is the brother of the Decedent. He resides in California.
3. Melissa A. Bobincheck ("Melissa") is the mother of the Decedent's minor
son, Dylan X. Johnson ("Dylan"). Dylan is the sole heir of the Decedent's estate.
4. Melissa and her father, Robert Bobincheck, were appointed co-Guardians
of the Estate of Dylan by order of Judge Ebert dated December 22, 2011.
5. Pursuant to a Decree of the Register of Wills dated July 14, 2011, Melissa
has custody and control of the assets of the Decedent's estate as the resident co-
administrator.
6. Petitioner wishes to resign for the following reasons:
a. Petitioner is not an heir of the estate and has no interest in the estate
except as co-administrator.
b. Petitioner is geographically distant, and for all practical purposes
Melissa has been administering the estate on her own since the initial probate.
c. Petitioner, as the natural guardian of the person of the sole heir of the
estate, as well as a co-guardian of the estate of the minor heir, is in the best
position to conclude administration of the estate.
7. Melissa, in her capacity as co-administrator and co-guardian of the estate
of Dylan, consents to this petition as indicated on Exhibit "A" attached hereto. Robert
Bobincheck has also signed the consent in his capacity as co-guardian of the estate of
Dylan.
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WHEREFORE, Petitioner prays this Honorable Court to enter a Final Decree in
the form attached authorizing Petitioner to resign as co-administrator and confirming
that Melissa will continue to serve as sole administrator.
Respectfully submitted,
Date
ECKERT SEAMANS CHERIN & MELLOTT, LLC
Thomas P. Gacki, Esquire
I.D. No. 44864
213 Market Street, Eighth Floor
P. O. Box 1248
Harrisburg, PA 17108-1248
717.237.6093
6~f S 20
12 Counsel for the Co-administrators
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VERIFICATION
I, David L. Johnson, do hereby verify that the facts set forth in the foregoing
Petition for Leave to Resign as Administrator are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to
authorities.
Date: David L. Johnson
IN THE COURT OF COMMON PLEAS
ORPHANS COURT DIVISION
CUMBERLAND COUNTY, PENNSYLVANIA
In Re:
Estate of Paul Edward Johnson, No. 21-2011-0742
Deceased
CONSENT AND JOINDER
We, the undersigned, consent to the attached Petition for Leave to Resign as
Administrator filed by David L. Johnson.
/Z
DA
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DA E
Melissa A. Bobi heck, Co-Administrator of the
Estate of Paul Edward Johnson and Co-
Guardian of the Estate of Dylan X. Johnson
Robert Bobincheck, Co-Guardian of the Estate
of Dylan X. Johnson