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Home My WebLink About03-23-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE~ ESTATE OF DAVID H. CLOUSER ~ ORPHAN'S COURT ~? --- ~, NO. 21-2009-0204 a ~' _ - --~ - _~ ~. CO-ADMINISTRATOR'S MOTION FOR RELIEF - _ \ - _„ _ . -_, _:,, AND NOW comes Petitioner, Douglas Clouser, as co-personal ~' ~ ~~,; `, ._ .V, representative of the above Estate, by and through his Counsel, Michael O. Palermo, Jr. and files the following Motion for Relief` 1. Your Petitioner is Douglas Clouser as co-personal representative of the Estate of David H. Clouser. 2. Respondent is Debra Houseman, additional co-personal representative and sister of Petitioner. 3. Petitioner and Respondent serve as co-representatives pursuant to the Last Will and Testament of the deceased. PERMISSION TO SELL ASSETS/CONTRIBUTE TO STORAGE FEES 4. Paragraphs 1 through 3 are incorporated by reference as if set forth. 5. On or about February 16, 2011 at status conference was held in camera with counsel for the above referenced parties and the Honorable M.L. Ebert, Jr. 6. At said conference it was agreed that the residence located at 1204 Mitchell Drive would be appraised and a corresponding Order of Court was entered, directing Larry Foote to conduct such appraisal with the Estate to pay such costs in advance 1. 7. Since the entry of said Order, undersigned counsel was informed that the Estate account is exhausted and funds for future expenses will be unavailable2. 1 Petitioner herein is paying Mr. Foote out-of-pocket' for said appraisal. 8. Upon information and belief the Estate is not taking in any income due to the delay in selling the assets of the estate while continuously renting multiple storage units to store said assets at the cost of $381.60 bi-mont;hly. 9. Petitioner remains ready, willing and able to begin selling said assets, including antiques and rare collectibles that he previously provided to auction houses, supervised their sale and accounted for said funds to the estate. 10. Previous to the death of his father, Petitioner was engaged in and assisted his Father is the preparation and sale of antiques and collectibles at auction. 11.It is economical and will avoid waste of the estate assets by immediately permitting Petitioner to auction off certain estate assets to raise funds for the estate and to alleviate the storage space required by the Estate WHEREFORE, your Petitioner respectfully requests judicial permission to begin selling estate assets at auction predicated upon his seeking the fair market value for said items and providing a full and fair accounting of all items possessed and sold to Respondent. In the alternative, Petitioner seeks contribution in the amount of $190.80 bimonthly to cover fifty-percent (50%) of the costs to store said assets at various rentallstorage units. PETITION TO ENFORCE RENTS 12. Paragraphs 1 through 11 are incorporated as if set forth herein. 13. Your Petitioner, per the terms of the Last Will and Testament - "Clause V," Rent in the amount of $300.00 per month is due to Petitioner, each and every month Respondent resides in the residence located at 1204 Mitchell Drive, Mechanicsburg, Pennsylvania3. 14. To date, Respondent has failed to pay rents for the past seven (7) months, z A Bank statement confirming the Estate is without the requisite funds to pay the costs of future expenses attached hereto as Petitioner's Exhibit 1. 3 The same clause also makes Respondent responsible for the taxes and insurance on said real property. To date, it is believed Respondent is in breach of both. totaling an arrearage of $2100.00. 15. Petitioner continues to incur legal fees in seeking adherence to the Court order of January 12, 20104 [which required the payments of monthly rents to Petitioner] and seeks reimbursement from Respondent for attorney fees in excess of $500.00. 16. Petitioner believes that Respondent has willfully failed to comply with the Will and this Court's January 12, 2010 Order. 17. Pursuant to the Cumberland County Local Rule(s), Mark Thomas has voiced his opposition to the relief sought herein. Moreover, the Honorable M.L. Ebert, Jr., has previously ruled upon the issues in this case. WHEREFORE, your petitioner respectfully requests that this Honorable Court order and direct Respondent to submit $2100.00 to Petitioner or his counsel within five (5) days of signature of the attached Order, in addition to attorney's fees in an amount not less than $500.00 to undersigned counsel. Date ~ arm ~ 3 ZGII Respectfully submitted, PALERMO LAW OFFICES ~~~'~i Michael O. Palermo, r., Esquire 17 W. South Street Carlisle, PA 17013 (717) 254-6986 Supreme Court ID # 93334 Attorney for Petitioner a Attached hereto as Petitioner's Exhibit 2. Shame and Loan List Page 1 of 1 Account 0000372963 Douglas G Clouser Account Type: Genera! Membership Titanium Ycc~;,bcr Type Birthdate SSN ~Foane Phone DOUGLAS G CLOUSER Primary 05/21!1958 - _ . , 717-486-4642 1875 TOWN HILL ROAD YORK SPRINGS, PA 17372 Shari Description Maturity Hate 4vaiiablc Balance S 0000 REGULAR SAVINGS j88800000000372963J 0.19 5.19 S 0011 CHECKING [2183729637] 0.00 0.00 LXF~fI' file://C:1Documents and Settiings~All Users~Application DataUack Henry and AssociateslE... 2/22/2011 ~, '~~~, ~ ~ 1 ~`~ - ~. , 6 IN RE: IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COiJNTY, PENNSYLVANIA ESTATE OF 21- 0 9 - 02 04 ORF?HANS ' ~t9URT v~''- DAVID H. CLOUSER ~~ ~ o' __ ~Zn ~ _, ~~ ~i ' ~ 4~ IN RE: REMOVAL OF CO-PERSONAL REPRESENTATI. ~ - ORDER OF COURT AND NOW, this 12th day of January, - r, +.a y 2010, after Y>rii2g~ :~:~ in the above-captioned matt?r, IT IS HEREBY ORDER.EP AND i7IRFCTED that the petitioner's request to remove Debra Houseman as a co-personal representative is denied. IT IS FURTHER ORDERED AND DIRECTED that the house in question will be appraised by the Remax appraiser on January 18, 2010. A copy of the appraisal shall be supplied to the court. Debra Houseman shall supply the defendant with a key to the property as of this date. Both parties are hereby prohibited from moving any personal property, sE~lling any personal property, or in any way disposing of arty personal property which would be part of this estate. The parties are directed through counsel to supply this court with the name of an appraiser capable of appraising the personal property in this case to include antique items which may have significant value. The items will be inventoried in the presence of•both parties pursuant to a schedule provided to this court by counsel. Debra Houseman shall pay rent to the petitioner, Douglas Clouser, from July 1, 2009, to the present. Appointments for Douglas Clouser to enter the h'~{ome''y{ ~~jji~~n question shall be arranged through counsel. /+~ ""`'`' - By the Court , - tryi~cerofi, i hereunto ~nt~d and the seal ~,c;u t Carlisle, PA ~~~ ~ j ~ hI. L. E ert, Jr, J. i C~',~.. , t}s9 O~, ans C~uR IN THE COURT OF COMMON PLEAS OF' CUMBERLAND COUNTY, PENNSYLVANIA IN RE~ ESTATE OF DAVID H. CLOUSER ~ ORPHAN'S COURT = NO. 21-2009-0204 CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, do hereby certify that I served a copy of the Petition upon the following by depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows R. Mark Thomas, Esquire 101 S. Market Street Mechanicsburg, PA 17055 Respectfully submitted, Palermo Law Offices ~+KJ~ ' Michael O. Palermo, r., Esquire 17 W. South Street Carlisle, PA 17013 (717) 254-6986 Supreme Court ID # 93334 3,~ ~ ~ ~ f Attorney for Petitioner Douglas Clouser Dated `