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HomeMy WebLinkAbout06-09-10. ~r~~cn~D ~~ FK~E (~F .-,~ 4:,, . C~ ~~~1]v i !~i '~~} ~ 1010 JUN -9 py I t 06 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ~~~ OF ' (~I'NAN'S COURT IN RE: CUMRFf~(..a~lD G0 , PA ESTATE OF DAVID H. CLOUSER ORPHAN'S COURT . N0.21-2009-0204 PETITION TO APPOINT PERSONAL REPRESENTATIVE AND NOW, this ~ day of June, 2010, comes your Petitioner, Debra A. Houseman, by and through her attorney, R. Mark Thomas, Esquire, and files this Petition requesting that the Court appoint a personal representative to administer the above-captioned estate, and in support thereof, respectfully represents: 1. David H. Clouser, deceased, died on February 20, 2009, leaving a Last Will and Testament dated February 17, 2009. 2. Pursuant to the Last Will and Testament, Douglas G. Clouser and Debra A. Houseman, children of the decedent were nominated as Co-Executors of the Last Will and Testament. 3• On March 3, 2009, Letters Testamentary were granted to Douglas G. Clouser and Debra A. Houseman. 4. Since March 3, 2009, the Co-Executors have jointly employed the services of at least three (3) attorneys and since November 2009, each of the Co-Executors have employed the services of their own separate attorney to help them with the handling of this estate. 5• On about November 13, 2009, Douglas G. Clouser filed a petition to have Debra A. Houseman removed as a Co-Executor of the estate, so that he could handle these matters individually. 6. Pursuant to that petition, a hearing was held before the Honorable M. L. Ebert, Jr., on January 12, 2010. 7• Following that hearing, the Court entered an Order which, among other things, directed as follows: A• The house was to be appraised on or about January 1 S, 2010, and a copy of that appraisal was to be provided to the Court; B• Douglas G. Clouser was to be given a key to the property; C• Both Parties were prohibited from removing any personal property, selling any personal property, or in anyway disposing of any personal property of the estate; D. The parties were directed through counsel to supply this Court with the name of an appraiser capable of appraising the personal property of the decedent; E. The items were to be inventoried in the presence of both parties pursuant to a schedule which was to be provided to the Court by counsel; and F. Debra A. Houseman was to pay rent to the petitioner, Douglas G. Clouser from July 1, 2009, to the present. 8• Pursuant to the terms of the will, rent for Debra A. Houseman was to be Three Hundred Dollars ($300.00) per month, plus she was responsible for the payment of insurance on the property and the property taxes. 9. Debra A. Houseman has paid the property taxes and has maintained hazard insurance on the real estate. 10. Debra A. Houseman was entitled to a family exemption from the estate in the amount of $3,500.00. She advised both Douglas G. Clouser and counsel for Douglas G. Clouser that she was making a demand for that family exemption, but would offset her family exemption with the rent payments which she otherwise was obligated to pay. 11. Since the Court's Order of January 12, 2010, the parties have made no progress either in moving the estate toward settlement or in compliance with the Court's Order of January 12, 2010. Specifically, the relationship between the parties has deteriorated to the point where there is no cooperation and a complete lack of trust on the side of either of the appointed personal representatives with respect to each other. 12. The following portions of the Court's Order have not been complied with; A• The real property located at 1204 Mitchell Drive, Mechanicsburg, Pennsylvania, has not bee appraised by an appraiser, but has merely been viewed by a real estate sales person for an estimated sales price; B. The personal property consisting of a substantial amount of antiques which are currently being stored at 1204 Mitchell Drive and in storage units located in Perry County, Pennsylvania, have not been inventoried or appraised, nor has an appraisal been scheduled; and C. The filing of an Inheritance Tax Return with the Pennsylvania Department of Revenue has not been done and, therefore, penalties and interest continue to accumulate. 13. Counsel for Petitioner herein mistakenly read the will to provide that rental payments of $300.00 per month were due to the estate, but, in fact, the will states that rental payments aze to be made directly to Douglas G. Clouser. 14. Although Petitioner had sought to offset rent payments against her claim for her family exemption, that offset will not be effective since it was based upon her counsel's misreading of the will. 15. On June 9, 2010, upon being advised of her counsel's mistake, Petitioner paid $3,600.00 rent to Douglas G. Clouser's counsel. 16. Petitioner believes, and therefore avers, that court intervention is necessary in order for this estate to be properly administered, inheritance taxes paid, and distribution of the estate to be concluded. 17. Petitioner's belief is based upon the inability of the personal representatives to communicate with one another, their distrust of one another, and the lack of progress which has been made despite the issuance of the Court's Order dated January 12, 2010. 18. Pursuant to 20 Pa. C.S.A. Section 3183, et. seq., this Court has the authority to remove the personal representatives and appoint a new administrator. 19. It is believed and therefore averred that if an independent third party administrator is not appointed, this estate will continue to suffer waste and mismanagement of assets. Regardless of the payment for rent having been made to Douglas G. Clouser, WHEREFORE, Petitioner, Debra A. Houseman, prays that this Court will enter an order removing Debra A. Houseman and her brother, Douglas G. Clouser, as Co-Executors of the Estate of David H. Clouser and appoint an independent, third party to act as the personal representative. Respectfully submitted, R• ark Thomas, Esquire Attorney 41301 101 South Market Street Mechanicsburg, PA 17055 Telephone: 717-796-2100 Attorney for Respondent VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowled8e, information aid belief. I understand that false statements herein are made subject to die penahies of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: G_ y-~jD ~~_~ ~ ~ _ Debra A. Houseman '