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IN RE: ESTATE OF A i3 (TIM 21 fINTITi4F2dOURT OF COMMON PLEAS
MARGARET B. BROWN CUMBERLAND COUNTY,PENNSYLVANIA
LATE OF THE BOROUGH C L c ;KORPHANS' COURT DIVISION
OF NEW CUMBERLAND 0 R i i A tiJ S'S UK-11-0824
CUMBERLAND
PETITION TO REMOVE EXECUTRIX
AND NOW COMES Jennifer R. Hatton, by her attorneys, Johnson, Duffle, Stewart &
Weidner, P.C. and in support of this Petition avers as follows:
1. Petitioner, Jennifer R. Hatton, is an adult individual who resides at 414 West Third
Avenue, Parkesburg, PA 17365 and is the daughter of Virginia A. Brown, a beneficiary of the Estate
of Margaret B. Brown.
2. Margaret B. Brown ("Decedent") died on February 27, 2011, and Letters Testamentary
were granted to Barbara T. Brown ("Executrix") on July 26, 2011, Virginia A. Brown having
renounced her right to serve as Co-Executrix.
3. The Executrix and Virginia A. Brown are the only children of the Decedent and are the
sole beneficiaries of Decedent's Estate.
4. The Executrix retained Michael L. Bangs, Esquire, to assist her in the administration of
the Estate.
5. On February 29, 2012, Attorney Bangs filed a Petition to Withdraw as counsel based on
the Executrix's failure to communicate, pay counsel fees, or otherwise undertake and discharge
promptly her duties in administering the Estate.
6. This Honorable Court subsequently granted leave to Attorney Bangs to withdraw as
counsel to the Estate, and to the best of Petitioner's knowledge, no other counsel has entered an
appearance on behalf of the Executrix.
7. Residential real estate, 615 Harding Avenue, New Cumberland, PA ("Residence") is
the primary asset of the Estate.
8. The Executrix has occupied the Residence for more than two (2) years since the
Decedent's death; has neglected to maintain the interior or exterior; has not paid the 2011 or 2012 real
estate taxes (total due $3,828.43) and has failed to pay municipal invoices for sewer and trash services
timely.
9. The Residence is encumbered by two (2) mortgages, one (1)to secure payment of Fifty
Thousand ($50,000.00) Dollars and the other to secure payment of Seventy Thousand ($70,000.00)
Dollars. Petitioner believes that the monthly mortgage payments have not been timely remitted, and
there is danger that the Residence may be lost by foreclosure.
10. The Executrix has failed to safeguard Decedent's tangible personal property, including
a valuable Civil War illustration and items of sentimental value, despite the Decedent's bequest of
these items to her daughters in her Will.
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11. Executrix filed an Inheritance Tax Return, but has failed to pay any of the Inheritance
Tax assessed.
12. The Executrix is wasting and mismanaging the Estate, is not performing her fiduciary
duties, and the interests of the Estate are likely to be jeopardized by her continuance in office.
WHEREFORE, Petitioner respectfully requests that this Honorable Court summarily remove
Barbara T. Brown as Executrix of the Estate of Margaret B. Brown, or, in the alternative, to enter an
Order directing Barbara T. Brown to appear and show cause why she should not be removed as
Executrix.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART&WEIDNER
By: 40.414( N,
Edmund G. Myers
Attorney I.D. No. 20558
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
Attorney for Petitioner
537%7
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VERIFICATION
I hereby confirm that the statements in the foregoing PETITION TO REMOVE
EXECUTRIX are true and correct to the best of my knowledge, information and belief
I understand that any false statements herein are made subject to penalties of 19 Pa. C.S.
Section 4904,relating to unworn falsification to authorities.
Dated: K■&aw. i 3 20‘1 y It
Jennifer R. Hatton
CERTIFICATE OF SERVICE
I CERTIFY that I served a true and correct copy of the foregoing Petition to Remove
Executrix upon Barbara T. Brown by depositing a copy of same in the United States Mail at Lemoyne,
Pennsylvania, with first-class postage prepaid on this date, addressed as follows:
Barbara T. Brown
615 Harding Avenue
New Cumberland, PA 17070
Date: March 20, 2013 24411(h
Edmund G. Mye
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