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Home My WebLink About05-12-14 IN RE: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF : ORPHANS' COURT DNISION BESSIE JOHNSON : DECEASED : ESTATE NO. 2014-00094 PETITION TO THE ORPHANS' COURT DIVISION TO SHOW CAUSE WHY MARSHA A. WffiTE, CO-EXECUTRIX OF THE ESTATE OF BESSIE JOHNSON SHOULD NOT BE REMOVED IN ACCORDANCE WITH 20 PA. C.S.A. ��3182 AND 3183 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW, comes Petitioner, Linda M. Johnson, by and through their attorneys, Butler Law Firm, and files this Petition and in support thereof respectfully states that: 1. Petitioner, Linda M. Johnson is one of three adult stepchildren of Bessie Johnson (the "Decedent"), who died testate a resident of Cumberland County, Pennsylvania on January 7, 2014. 2. Petitioner is a one-third(1/3)residuary beneficiary of the Estate of Bessie Johnson (the "Estate"). Marsha A. White, Respondent is the decedent's niece and also a one- third (1/3) residuary beneficiary of the Estate. 3. Decedent died leaving a Last Will and Testament dated April 24, 2012, a true and correct copy of which is attached hereto and made a part hereof as Exhibit"A". 4. Pursuant to Decedent's Last Will and Testament Letters Testamentary were �_, granted to Linda M. Johnson and Marsha A. White on January 31, 2014. � � � rn 5. Respondent has failed to take steps to properly administer t� �tate, i�ludiri�; o r-r1 � � —� �:�� -r� ;,. t_" F,,,J ._°4 C7 but not limited to the following: '.�, -�= �'' rv :;.`�,: c;.`�,, � �,�7 ., ._ . , . -> �:� a. Failing to perform her fiduciary duties; � �"-, � � 4�� -n � �= c� ,. � H i"' � � -1 f'- � � � � Ct� b. Mismanaging the estate; c. Wasting the estate; and d. Acting in a manner, that if continued will jeopardize the interests of the estate 6. Petitioner and the Decedent owned a joint checking account with rights of survivorship at PNC Bank ("Joint Account") as of January 7, 2014. The Joint Account was made joint on June 25, 2012. Respondent incorrectly asserts that all the funds from the Joint Account must be used to pay estate related expenses and debts. Respondent has requested to see the balance in the Joint Account as of January 7, 2014 in order to ascertain how much money was available to pay for estate related debts and expenses. Respondent refuses to authorize reimbursement from the estate account to the Petitioner for her out of pocket estate expenditures until she provides proof to the Respondent that all Joint Account funds from January 7, 2014 were used to pay estate related expenses and debts. A true and correct copy of the reimbursement request is attached hereto and made a part hereof as Exhibit "B". Additionally, Respondent will not authorize payment from the estate account to certain creditors of the Estate until Petitioner provides proof to the Respondent that all Joint Account funds from January 7, ?_014 were used to pay estate related expenses and debts. 7. Respondent has failed to respond to repeated requests by Petitioner to obtain legal counsel so that Respondent's counsel and Petitioner's counsel can work together in some capacity to further the estate administration. Respondent is insisting that they hire one law firm to represent both of them in their capacities as Co-Executors of the Estate. It is clear that this is impossible based on the contentious relationship between the parties. Respondent insists that Petitioner adhere to her requests even when they are contrary to law. Furthermore, Respondent 2 and Petitioner have failed on both previous attempts to retain and keep one law firm to perform this role based on the inability of the Petitioner and Respondent to be able to agree on the correct and proper administration of the estate. A true and correct copy of a letter from Bangs Law Office, LLC is attached hereto and made a part hereof as Exhibit "C". 8. Under 20 Pa.C.S.A. §3183, the Court, upon Petition of any party in interest alleging adequate grounds for removal, may remove the personal representative when she is failing to perforin any duty imposed by law. WHEREFORE, Petitioner respectfully request that a Citation be awarded, directed to Marsha A. White, to show cause why she should not be removed as Co-Executrix of the Estate of Bessie Johnson, Deceased. Respectfully submitted, BUTLER LAW FIRM Attorneys for Petitioner ' ��, By: f Benjamin J. Butler, Esquire I.D. #81948 1007 Mumma Road Suite 101 Lemoyne, PA 17043 (717) 236-1485 3 VERIFICATION I,Linda M. Johnson verify that I am the Petitioner in the within petition, and that the facts contained in the foregoing petition are true and correct to the best of my knowledge, information and belief; and that this verification is subject to the penalties of 18 Pa. C.S.A. §4904 relative to unsworn falsification to authorities. . �� ...�:�, inda M. Johnson Petitioner Dated:5� � 1� 1. .� � + . � tl .. � . ��caRa�o oFFic� oF REGISTER OF W1LLS f�►T�i ��J 29 �n 1z ss LAST WILL AND TESTAMENT OF C L E R K 4 F BESSIE JOHNSON� 0 R P H A P!S' C 4 t��t 1" . ERLaN�J CO., P'� I, BESSIE JOHNSON, of Mechanicsburg, Lower Allen Township, Cumberland Couiity, Pennsylvania, so hereby make this my Last Will and Testament,revoking any former Wills and Codicils made my me. FII2ST: I am a widow. I have one son, JOSEPH J. JOHNSON, and two stepdaughters, BETTY ABRAMS and LINDA J.PETERS. My stepdaughter,Linda J. Peters,has one daughter, TIFFANY HARNISH, and one son, GREGORY SHRIVER. I have one niece, MARSHA ANN WHITE, and one great niece, LEAH K. REIpER. My son, Joseph J. Johnson, who under no circumstances is to be considered a child of mi.ne for purposes of this Last Will and Testa.ment, or any codicil hereto, or for purposes of any intestate laws, or successor laws, of the Commonwealth of Peunsylvania,is to receive nothing from my estate. � S�COND: I give, devise and bequeath my piano to my great niece,Leah K.Reider. THIRD: I direct my Executrix, as soon as practicable after my death, to sell my real . property with the residence thereon known and numbered as 5205 Windsor Boutevard,Mechanicsburg, Lower Allen Township, Cumberland County, Pennsylvania, or any substitute residence I might own at my death. From the net proceeds thereof,I give, devise and bequeath a total of the first$15,000 of said net proceeds to two nieces and one nephew,namely$5,000 each to Marlene Cohen, and Natalie Cohen, Last Will and'Testament of aESS��oi-nvsoN Page 1 of 8 _1 1�/ �XN1B1� "A� • • . , . , , . � , ' . , , both of 131 Mountainview Drive,West Chester, Pennsylvania 19380, and $5,000 to Lewis Cohen of 3700 Gateway Drive,Apartment B 218,Philadelphia,Pennsylvania 19145. The balance of the net proceeds from the sale thereof shall be added to the rest and remainder of my estate to be distributed as hereafter described. FOURTH: I give,devise and bequeath my share of the house at 2279 Highland Circle, Harrisburg, Susquehanna Township,Dauphin County,Pennsylvania, if I have any interest therein at the time of my death, in equal shares to my stepdaughter,Linda J.Peters,my niece,Marsha Ann White, and my great niece,Leah K.Reider. If one or more of the above persons should predecease me,her share shall go to her issue, or, if not survived by issue,to the survivor or survivors of Linda J.Peters, Marsha Ann White and Leah K.Reider FIFTH: I give,devise and bequeath all of my tangible personal property and all casualty insurance that I am canying on my said tangible personal property, exc�pt as set forth in paragraph SECOND hereinbefore,in accordance with written instructions that I shall leave with regard to said tangible personal properiy. I have complete confidence that my Executrix will honor any written instructions that I shall leave with regard to said tangible personal property. Any tangible personal property not so distributed shall be donated or otherwise disposed of as my Executrix shall determine, or shall be sold, and the proceeds added to my residuary estate to pass as hereafter described. LaSt V�ill and Testament of Page 2 of 8 BESSIE JOHNSON , B p � , � ' . , SIXTH: I give the rest and remai.nder of my estate, real and personal,in equal shares to . my stepdaughter, Linda J. Peters, my niece,Marsha Ann White, and my great niece,Leah K.Reider, or their respective issue, or,if no issue,to the survivor(s) of them and their issue. SEVENTH: No person shall benefit hereunder unless such beneficiary shall survive me by tbirty (30)days. EIGH'�H: If any share hereunder becomes distributable to a beneficiary who has not attained the age of twenty-five (25)years, then such shall shall immediately vest in such beneficiary, but notwithstandi.ng the provisions herein,my Trustee shall retain possession of such share in trust for such bene�ciary until such beneficiary attains the age of twenty-five(25)years,using so much of the net income and principal of such share as my Trustee deems necessary to provide for the proper medical care,education, support and maintenance in reasonable comfort of such beneficiary,taking into consideration to the extent my Tn�stee deems advisable any other income or resources of such beneficiary or his or her parents known to my Trustee. Any income not so paid�or applied shall be accumulated and added to principal. Such beneficiary's share shall be paid over and distributed to such beneficiary upon attaining the age of twenty-five (25)years, or, if he or she shall die sooner,to his or her executors or administrators. My Trustee shall have with respect to each share so retained all of the powers and discretions had with respect to the fiduciary duties and powers created herein generally. �w,»�a T�s��of Page 3 of 8 BESSIE JOHNSON � , " � NINTIi: (1) I name my stepdaughter,Linda J.Peters, and my niece,Marsha Ann White, as my Executrices and Trustees. If either of Linda J.Peters or Marsha Ann White is unwilling or unable to serve,I name my great niece, Leah K.Reider, as substitute Executrix and Trustee. If both Linda J. Peters and Marsha Ann White are unwilling or unable to serve, Leah K.Reider shall serve alone. I direct my Executrices and Trustees, herein referred to as my Executor and Trustee,regardless of number or gender,serve without bond in any jurisdiction in which called upon to act. (2) Except as otherwise provided herein,if all of the above persons should fail to qualify as my Executor and/or Trustee hereunder,or for any reason should cease to act in such capacity, the successor or substitute Executor or Trustee shall be some attorney or bank or hvst company with trust powers,which successor or substitute Executor or Trustee shall be designated in a written instrument filed with the court having jurisdiction over the probate of my estate and signed by either Linda J: Peters or Marsha Ann White, or if they fail to act,signed by Leah K. Reider,or if she fails to act, signed by the court having jurisdiction over the probate of my estate. (3) My Executor and Trustee shall receive reasanable compensation for services rendered. . T'ENTH: I give to any Executor named in this Will or any Codicil hereto or to any successor or substitute Executor all the powers enumerated in this Will and all of the powers applicable by law to fiduciaries in the Commonwealth of Pennsylvania and in particulaz through the Pennsylvania ,,�►wu��a r��of Page 4 of 8 ssss��oxi�soN B Probate,Estates and Fidueiaries Code,as effective and as in effect on the date hereof, during the administration and until the completion of the distribution of my estate. I direct that all such powers . shall be construed in the broadest possible manner and shall be exercisable without court authorization. ELEVENTI3: All estate, i.nheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property comprising my gross esta.te for death tax purposes,whether or not such property passes under this Will, shall be paid out of the residue of my estate,as if such taxes were expenses of administration,without apportionment or right of reimbursement. I authorize my Executor to pay all such taxes at such time or times as deemed advisable. _ . t,�c w�u�a T��oc ot Page 5 of 8 BESSIE JOHNSON BJ � , � . „ IN WITNESS WHEREOF,I have set my hand and seal on this my Last Will and � � Testament this a'�' day of /�,�A.. 2012. � (SEAL) BESSIE JOHNSO , STATRIX A►TTESTATION CLAUSE. The foregoing Will was this a��day of f�/uQ. 2012 � signed, sealed,published and declared by the Testatrix as and for her Last Will and Testainent in our presence, and we, at her request and in her presence, and in the presence of each other,have hereunto subscribed our names as witnesses on the above daxe. � - c � � �' of 19�� _S � �� a ��// I'�9 __ i -� r� � of `� v � � �`1� ��`� ��wu�a T��of Page 6 of 8 BESSIE JOHNSON ' BJ SELF-PROVING AFFIDAVIT CONIMONWEALTH OF PENNSYLVAIVIA . . : SS. C4UNTY OF CUMBERLAND . I,BESSIE JOHNSON,Testatrix, whose name is signed to the atta.ched or foregoing instrument,have been duly sworn according to law,do hereby acknowledge tha.t I signed and executed the attached instrument as my Last Will and Testament;that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed, on tlus the a�`t-� day of �(LLQ-� 2012. � . �Yl BESSIE JOHNS ,TESTATRIX Subscribed, sworn to and acknowledged before me by BESSIE JOHNSON,..the Testatrix,on this ai-�.-� day of ?d��` 2012. Cp�ipNWEA1,TM QF PENNSYLYANIA ��/1 //► ►`� ` �� NOTARIAL SEAL "'�� ` MARJORIE L.JOHNSON,Notary Public Notary Public Camp Hill Boro.,Cumbedand County � Comm�ssion ires 15,ZOi5 Last�11 end Testament of P age 7 of 8 . BESSIE JOHNSON BJ -,-_a-�, -s x�s��.. :zr ..-..-v._ >u.-.3.-.:.w- '>..��c�"�'rv-,.�.m. .�e«��.c �.r��^�,vh_',•,",ag+A' ...... 4�-.-+'ss_=.�s . �+.v... ,u,«�-�r-�.es'+.. , , fix..:2s.. k-'m .K. ,. .. . . -:- -:- � Y ' t , I SELF-PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVAlVIA . : SS. COUNTY OF CUMBERLAND . We,witnesses,respectively,whose names aze signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw BESSIE JOFINSON, sign and execute the instrument as her Last Will and Testament;that she executed it as her free and: � voluntary act for the purposes therein expressed,that�ach of us in the hearing and sight of said BESSIE JOHNSON, was at the time eighteen(18)years of age, of sound mind and under no constraint or undue influence. . �� `(�. Witness �� .. Witness S�scribed, sworn to, and acknowledged before rne by ��-��y[ �• �� -r , . , and � t `��.CY� � • m 1 ��, c C,• , witnesses on this the �'`�� day of �� 2012. � COMMONWEA�-'1'F10F PENNSriVANiA , NOTARIAL SEAL � �� r�{� MARJORIE L.JOHNSON,Notary Public Camp Hill Boro.,Cumbet�and County Notary Public Commission res 15,20t5 �c wu�a T��oc Page 8 of 8 BESSIE]OHNSON BJ _ _ _ __ April 26, 2014 Estate of Bessie Johnson 2508 Strasburg Rd. East Fallowfield, PA 19320 Dear Elliott Miller, Please process a check for the amount of$8,414.33 out of the account"Estate of Bessie Johnson", Account#J73-006363. Please have the check made out to Linda M.lohnson. Please mail the check to: Linda M.Johnson 608 Wiltshire Court Wexford, PA 15090 Thank You, Marsha A White/Executrix Date .^i' j f: � �" -' ��. •-��_. 'Z �J� � Linda M Johnson J E ecutrix bate E.XH.IBIT "B":: _. 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(� fA U1 V1 � �• -s -� � N � n� � �n vi Cf � �u n, a, v a � � � � � m — � � � � S � �) V S K N � � � � � v n tn cn � � � ? fD � � � � � � � v ro � ro m �+ c � rn rn rn � � � o � � � o � ; � o .; -� N � ? � � ' T V7 -�.h_ !p 'h � . r+ � � `� � ° � -, — � -, ro N In � AY � N N �, � � 01 O p � �' 3 � ,a OJ �., � r � 7 Q. � U1 � O � � � O _ _ +✓s t/� D {/* i!> +n �tn t/> :"' th � � , oo tn trs �v► tn r.� �s .p. �--+ w n..i w o u'i lD cD tD lfJ M-+ O W W 00 N W C N A A A O +.1 0o v tJti tn �-+ th � � , O i7 O cJ O tf3 ln O O O 00 O `+ o a o o O v c� o 0 o rn. o $�N�„S �..�Y�Oi�'IC�, LLC 429 SOUTH 18� STREET PHONE: 717-730-7310 CAMP HILL,PA 17011 FAX: 717-730-7374 E-mail: mikebanES a�verizon.net MICHAEL L.BANGS,Attorney-at-Law WILLIAM E.MILLER,JR. WENDY K.STRAUB,Paralegal � Of Counsel � January 22,2014 Mrs. Linda J. Peters ' ' Mrs. Marsha A. VJhite 5205 Windsor Blvd. � 2508 Strasburg Road � � . .� .��e��a.�uie�•r.�T�;:P�,A�:.�1.7��5 . � :. : �£*a�t��;��lex��f��l�:F�A��I•��0� �. . � � �ear�Linda and.Marsha: I met with you on January 15,2014 regarding the Estate of Bessie Jonnson. At that time,you provided me with the original Will and two original death certificates. � I advised both of you that as Co-Executrixes,you have certain responsibilities as it relates to the est�te.administration�and went over the process with you. .As Co-Executrixes,you have an absolute dt��y tQ,�iar��le,�he ad�in�stt�at}o�q state,jointly:and eff cti ely f �.al f.ciarie�rof the estate , �.��:��.. _ �:.= � :_ e. v.,. ,Q, �,�� ... . ...:.. ......:.. : �•�� - :��. +<:�<: ::..,Y<_� vyl�.�c i�e ud��t�e o o�.ypu.�d-I,e � c� � ,_ : . , , . . .. . . .., ��.� . �i: �,. :tyu. { ah� ei e ,i -.� - � .• �.� ,.,, .t _ ��°�,;_ ..,,:,�. �-� ..,:,�� _ _ ,� ,.. �" _ .. . . .. =.• . . .. . . z_ -:.- -::�:•:_r'� . ...i� �`�.-•-,:�<_'� ., ^jY��_;l*.: � :i.,i::'�..�.� :.'• '2:u� �.;'�:...: .� .. :i..,.. :::.a'jJt:;.:,'•° :t';; . �r :...�:._.. -:fT� {: Ji� ' - + . . .�.:;�;;�in�:ou.r._r�ee�ing;�it,became,apparent.that Qdtent�.ally,..yaith tlie.e�aeptio,n_of.ttie�fiotrs�� .�.other asSets . , - ;'� _., thait Bes�i�ow�ned�would,not be.part of the proli.ate:estate,rat'lier th�y��irould�go eithe.r t�.the;co=owners� . �- or named ber�eficiaries of any annuities. However,as I�advi'sed you,.thbse assets are still�suBjec�'fo � �. inheritaticetax;�,- �� . .. . , . You were to provide me with some backup info'rmation so that we could ascertain what makes up the probate estate versus the taxable estate. As I warned you,if it turns out that the house is the only . . . .asset of the estate,there is a liquidity�problem ixl thaf thsre are no.�unds in whicfi to pay for the � ar�ministration of fihe estate,nial`nfenance:o�the�b�se, e�tc., anc�.'inri�ritance taxes�from tti�est�ai.e itself.� � as required under the terms.of the Will. � . ` � _ ,. � - . Both of you agreed to provide that information to me and get back to me so that we could set up a time to_go to�the Courthouse and open the estate. � ,• .In:the.interim,I received separate_phone calls.fr.Qm.each of you. Clearly, it.a�ip�at,�that,th�ere�is a dispute.bet,wzen the:twQ.�Q�yo�:as.it,ze�ates.�o.�lae.admii�i.stratio.n,q�,.t,he��es.ta'te...�.�s=� sµl�of that � �'' .a ze ,,.... ,..: 25 . .i ......::.:�.'• ' . .. :. 4t. .��:�.:.�s��. ;::".n..l' disgute, I have an absolute conflict that prohibits me�from contanuing td be uivolvec�iri tlie' ' """ � �dmxnistra#ao,n Qf the;.estate.;;By,this,;l�tter�.I„a�n advising you to both seek separate legal counsel so tl�at youttwo�can�poten#ia11,y:wor-k through:the-issues an�i�;nqt,your�egal.,cq�se,l.ca,n,advise you as the next step to be taken. � _ � .. . . . �t,-.: . . . ` �' . . � :: � .. .. . . _. _ .. ..... . • I'J.. . ... t . ..� �:�y . . . - . �E,X�6�.iT ;,,�►` : : . . Page 2 J anuary 22, 2013 In the meantime,by copy of the enclosed letter, I have filed the original Will with the Register of � Wills Office in Cumberlarid County,Pennsylvania. Please understand that this cloes nat nzean that the Will has been probated;rather, it means that because of the dispute,the Will has been placed in the Register's office for safe keeping. Until and unless the issues are resolved between the two of you and both of you give the Register of Wills appropriate instructions,the Register will hold onto the Will until the dispute between the two of you is resolved. Very truly yours, . � � Michael L.Ban wks Enclosure