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HomeMy WebLinkAbout11-13-09IN THE COURT OF COMMON PLEAS OF - CUMBERLAND COUNTY, PENNSYLVANIA IN RE: "~' _~ ESTATE OF DAVID H. CLOUSER ORPHAN'S COURT ~~" qq r- ~~ `~`u-' `'~- NO. 21-2009-0204 ~ - ~,.. r~ -- ~-.=~ ~~- ~, PETITION FOR THE REMOVAL :'~-~' ~ = =~ 6w~ ~,~, -~ OF CO-PERSONAL REPRESENTATIVE OF ESTATE ~ tii ~ . ~..f~> ,~....~ ~~ 1. I, Douglas Clouser, residing at 1875 Town Hill Road, York Springs, York Coun ~ Pennsylvania, am interested in this estate as a co-personal re resentativ ~ p e in accordance with the Last Will and Testament of my deceased father, David H Clouser . . Said Last ill and Testament is attached hereto as "Petitioner's Exhibit A" 2. Debra Houseman, residing at 1204 Mitchell Drive, Mechanicsburg Cumberland , County, Pennsylvania, was appointed co- personal representative of the estate in accordance with the Last Will and Testament previously referenced herein. 3. Said Estate was opened; with a Grant of Letters- being issued to the parties herein on or about March 3, 2009. A Short Certificate is attached hereto as "Petitioner's Exhibit B". 3. The sole asset of the above Estate is the home located at 1204 Mitchell Drive, Mechanicsburg, Pennsylvania and the contents therein. 4. Debra Houseman, co-personal representative of the above Estate, should be removed as co-personal representative of the estate because of the following: a. Removal is in the best interests of the estate. b. Ms. Houseman has refused to insure the property of the estate leaving the same subject to waste and in opposition of the Last Will and Testament of the decedent.. c. Ms. Houseman has refused Petitioner's attempts to have a third party appraise the before mentioned property. d. Ms. Houseman has failed to pay rents to your Petitioner in the amount of three-hundred dollars ($300.00) per month in accordance with the Last Will and Testament of the deceased. e. Ms. Houseman has refused to sign a new deed on the property so that the Real Estate can be insured against the risk of foss and other liabilities. f. The largest asset of the Estate is subject to complete loss everyday it remains uninsured and thus leaves the Estate open to waste and other liabilities. f. Ms. Houseman has generally mismanaged the estate by her refusal to perform the duties pertaining to her status as co-personal representative of the above Estate. 5. The interested persons, addresses, and their representatives are identical to those appearing on the initial application. 6. It is not necessary that a successor personal representative be appointed and complete administration of the estate, as the co-executor Douglas G. Clouser, Petitioner herein, will continue as the sole executor. 7. Pursuant to Local Rule 208 3(a)(2), no Jurist on the Court of Common Pleas of Cumberland County have ruled upon this instant issue or any others in the above captioned Estate. 8. Pursuant to Local Rule 208.3(a)(9), consent to the relief sought herein was sought by undersigned counsel on Monday, October 26, 2009 and to date no response has been received. It is therefore assumed that Ms. Houseman is opposed to the relief sought herein. WHEREFORE, PETITIONER RESPECTFULLY REQUESTS THIS HONORABLE COURT GRANT THE FOLLOWING RELEIF: a. Remove Debra A. Houseman as co- personal representative of the estate. b. Douglas Clouser shall be directed to file the final account with this court. c. Award reasonable Attorney fees in the amount of $300.00 to undersigned counsel. IN THE EVENT THIS HONORABLE COURT DECLINES TO REMOVE DEBRA CLOUSE AS CO-PERSONAL REPRESENTATIVE OF THE ESTATE, PETITIONER RESPECTFULLY REQUESTS IN THE ALTERNATIVE, THAT THIS HONORABLE COURT GRANT THE FOLLOWING RELIEF: a. Order and Direct Debra Houseman to sign and any all documents to effectuate the re-deeding of the property located at 1204 Mitchell Drive, Mechanicsburg, Cumberland County, Pennsylvania to her and Petitioner herein as the sole heirs of the Estate. b. Order and Direct Debra Houseman to immediately pay the costs of insurance for the property and real estate located at 1204 Mitchell Drive, Mechanicsburg, Cumberland County, Pennsylvania. c. Order and Direct Debra Houseman to immediately begin payment of $300.00 by the first of each month to Petitioner herein, including back rents owed to Petitioner in the amount of fifteen hundred dollars. ($1500.00) due from May 2009 through September 2009 d. Order and Direct Debra Houseman to permit her co-personal representative, Petitioner herein unfettered access to items of personal property in said residence for the purpose of creating an inventory and appraisal. e. Order and Direct Debra Houseman to permit her co-personal representative to have unfettered access for a period of no less than four (4) hours to have an appraisal of the real estate located at 1204 Mitchell Drive, Mechanicsburg, Cumberland County. f. Enjoin Debra Houseman from changing the locks on the Estate property including any and all outbuildings. g. Award reasonable Attorney fees in the amount of $300.00 to undersigned counsel. Date: ~~_ ~ 2 - '' d Respectfully submitted, ROMINGER SSOCIATES Michael O. Palermo, J . squire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 (717) 241-6878 (fax) Counsel for Petitioner Douglas Clouser VERIFICATION I verify that I am the Petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: ~~~`~ ~ ©~ Douglas ouser ~~ ~ % LAST WILL AND TESTAMENT BE IT REMEMBERED THAT I, DAVID H. CLOUSER, a resident of Cumberland County, Pennsylvania, being of sound mind, memory and understanding, do make, publish and declare this to be my LAST WILL AND TESTAMENT, hereby revoking any and all Wills and Codicils previously made by me. I I declare that I am not married, my beloved wife having predeceased me, and that I have two children, DOUGLAS G. CLOUSER and DEBRA A. HOUSEMAN. II I direct that all my just debts and funeral expenses shall be paid from my residuary estate as soon as practicable after my decease. III I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed; shall be paid from my ,residuary estate as a part of the expense of the administration of my estate. IV I give, devise and bequeath all my property, whether real or personal, wherever situate, including any property over which I may have a power of appointment, to my children, DOUGLAS G. CLOUSER and DEBRA A. HOUSEMAN, in equal shares, per capita. V My daughte , D BRA A O~SEM~, cur~r~,n~t~,.~esides ~th--~ ~my rPgiclence. ebra should continue to reside there at my death, then I give her all Wills and Codicils previously made by me. `, I Ideclare that I am not married, my beloved wife and that I ~-have two children, DOUGLAS G, CL~ HOUSEMAN. A' II ~y` predeceased me, USER and DEBRA A. I direct that all mY Just debts and .~l~.ineral ex ns residu Pe es shall be paid from my ary estate as soon as praeticablew.after m dec Y ease. III I direct that all taxes ,t~iat ma ~~ . Y ~bAe assessed in consequence of my death whatever nature and by `whatever ' • , , of ~unsdi~ion imposed; shall be aid residu ~ P from my ary estate as `part of the expense of the adrrunistration of my estate. ,~-' IV ,r' d" I l~v~; devise and bequeath all m ~{r` Y Property, whether real or personal, wherever situate.,, includin an ~ f ~, g y__„property over whic , I rn~ ha~ie _.. . a ower of PPtme t ,.. •, , . o ~, childr ~ ~'. .., ~---_ ~ . _ ,-- n' D G G• CLOUSER ~ DEBRA A. I-~USEMAN, in equal shares, per capita. . V My daughter, DEBRA A. HOUSEMAN, curre ntly resides with me at my residence. If Debra should continue to reside th ere at my death, then I give her the °Ppo~nity to continue to reside there with the condition that she immediately after my death start pa 'n Yl gall utilities. After the passage of three 3 months after my death, she may contin ( , ue to reside there if she pays not only the utilities but also taxes and insurance, as well . as making a monthly payment of THREE HUNDRED DOLLARS ($300.00) tom so Y n, DOUGLAS G, CI,pUSER. I nominate, constitute and appoint my son, DOUGLAS G. CLOUSER and my daughter, DEBRA A. HOUSEMAN, as Co-Executors of this LAST WILL to serve without bond. IN WITNESS WHEREOF, I, DAVID H. CLOUSER, have set my hand to this LAST WILL this /~ ~' day' of ~,~~,.-- , 2009. DAVID H. CLOUSER Signed, sealed, published and declared by the above-named DAVID H. CLOUSER, as and for his Last Will and Testament, in the presence of us, who at his request and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses. :~ ~,'' /: ~ f. ,,~ v ~_ l ACKNOWLEDGEl1~ENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. I, DAVID H. CLOUSER, Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do here acknowledge that I signed and executed the instrument as my LAST WILL• thatbyI signed it as my free and voluntary act for the ' purposes therein expressed. ~~v~' ~~~ DAVID H. CLOUSER Sworn or affirmed to and acknowledged before me by DAVID H. CLOUSER, Testator, this ~ ~~ day of ~-~~~~ ~ , 2009. ~~ d" Notary Public NOTARU1l SERI DIANE M SMITH Nolaty Publla MECHMIIC89URG 80R0~ CWv1QERW+ID CN1Y My Commla~lon Expl~~a Jun 22. 2012 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. We, /~'! r'/~ ~(~ ~L ~.? (~,,~ /1 L ~`. Q r and /y `•~ the wi ~ ~~~~~ C• ~~ ~~_..J messes whose names are signed to the attached or fore oin being duly qualified according to law do de g g vnstrument, and saw Testator sign and execute the instrument as hisaIy.AS at we were present H. CLOUSER si ned willin TWILL, that DAVID g gly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and that to the best of our knowled the Testator was at the time 18 years of age or more, of sound d and er no constraint or undue influence. ,:~ f~° ~; ~~ /1 -~n C.7 _ - ---.J -- - ----- --'-- ,~ -- ---- ~ ---j - - - - ---- -- - DAVID H. CLOUSER f Sworn or affirmed to and acknowledged before me by DAVID H. CLOUSER, Testator, this ~ ~(~ day of ~--~ ('c , 2009. ~~ d' ~~ . N Lary Public NOTI-RIAL SEAL DUNE M SMITH Nolory Publlc MECHMNCS6URG SORO~ Ct~ABERI/WD CNIY My Commiaslon Expirss Jun 22. 20T Z AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. We, lv( ~/r~f~~z ~? ~ /~ ~F~e-/1 f and /f ~ ~ /f/f `~' the ~ J`~I1 /'!,Q{~~ C.. ~ witnesses whose names are signed to the attached ~ J ' bein dul or foregoing instrument, g y qualified according to Iaw, do depose and say that we were present and saw Testator sign and execute the instrument as his LAST WILL, that DAVID H. CLOUSER signed willingly and that he executed it as his free and volun act for the purposes therein expressed; that each of us in the hearing and si tt o the Testator signed the Will as witnesses; and that to the best of our knowled the Testator was at the time 18 years of age or more, of sound d and er no constraint or undue influence. a ~~~ ,.~ %,- ~~ L, Sworn or affirmed to and acknowledged before me this ~~`f~ day of ~,.~ ~u'G2.~.c7 , 2009. Notary Public NOTARIA~ EAR DIANE M SMITH Notary p~bllc MECHAN1Cgg~ BORON C~IMBERlA1,p CN1Y My Commisalon Explr~j Jun 22, ZOTZ s COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND estate of DA V/D H C/ n~ ~_~FR SHORT CERTIFICATE I , GLENDA EARNER STRA SBA UGH Register for the Probate of Wi 11 s and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 3rd day of March, Two Thousand and Nine, Letters TESTAMENTARY in common form were granted by the Register of said County, on the late of MECHAN/CSBURG BOROUGH rrusr, naivuie, ~astJ in said county, deceased, to DOUGLAS G CL~[/SFi4 DEBRA A HOUSEMAN ~rnsr, miame, ~astJ frl,St, MidU/2, Cast/ and that same has not since been revoked. and IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office a t CARLISLE, PENNSYLVANIA, this 26th day of October Two Thousand and Nine . Fi 1 e No . 2009- 00204 PA Fi 1 e No . 21- 09- 0204 Date of Death 2/20/2009 S . S . # 184-26-5048 NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL ~X~r ;~7i2~ ~~~ 4