HomeMy WebLinkAbout02-09-12
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IN THE COURT OF COMMON PLEAS OF _
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CUMBERLAND COUNTY, PENNSYLVANIA ' z ~`~
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ORPHANS' COURT DIVISION ~:- ~
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IN RE: ESTATE OF OLIVE JANETTE NO: 21-10-0142 `'~'~
HAAS EBERT, Deceased. '~ ~' -; ~~ :~-+
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PETITION TO COMPEL FORMAL ACCOUNTING .~-
TO SET ASIDE THE TRANSFER OF REAL PROPERTY AND
TO REMOVE THE EXECUTRIX
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AND NOW this ~
day of February, 2012 comes the Petitioner, Debo rah Heisler,
and respectfully states the following:
1. Petitioner is Deborah Heisler, an adult individual residing at 302 Greystone Lane, Apt 1-
A, Newark, DE, 19711.
2. Respondents are Sharon Taylor, Executrix of the above-captioned Estate, residing at 30
Beard Road, Mechanicsburg, PA 17055, and Dana L. Dagle-Lowe, an adult individual
and beneficiary of the above-captioned Estate, residing at 11 Wheatland Drive,
Mechanicsburg, PA 17050.
3. Petitioner is named as an equal 1 /3 beneficiary with respondents in the Last Will and
Testament of the Decedent dated August 6, 2007 which was admitted to probate.
FORMAL ACCOUNTING
4. Petitioner, individually and through counsel, has requested an informal accounting of the
administration of the Estate.
5. To date, Respondent Taylor has provided no information to account for the
administration of the Estate.
6. Petitioner believes, and therefore avers, that more than 6 months has elapsed since the
first complete advertisement of the original grant of letters testamentary.
WHEREFORE, Petitioner Deborah Heisler respectfully requests this Honorable Court compel
the filing of a formal accounting.
TRANSFER OF REAL PROPERTY
7. All paragraphs of this Petition are incorporated herein by reference.
8. Respondents Taylor and Dagle-Lowe signed an "agreement" dated Apri12010 to
authorize the Estate to transfer the real property to David Dagle, Respondent Dagle-
Lowe's son, for $125,000. A copy of the so-called agreement is attached hereto,
incorporated herein by reference, and marked Exhibit "A."
9. By letter dated Apri127, 2010, Petitioner objected to the so-called agreement and
demanded an appraisal of the real property. A copy of Petitioner's letter is attached
hereto, incorporated herein by reference, and marked Exhibit "B."
10. On May 19, 2010 Respondent Taylor obtained an appraisal of the real property of the
estate indicating its market value at the time was between $160,000 and $165,000.
11. The tax assessment on the real property was, at that same time, $155,000.
12. By letter dated October 12, 2010, counsel for the Estate indicated that he thought an
"infra-family" transfer in the amount of $130,000 was in the best interest of the Estate.
13. David Dagle, the proposed beneficiary of the attempted "infra-family" transfer, works as
an attorney in the office of counsel for the Estate.
14. On June 3, 2011 Respondent Taylor executed a deed in her official capacity as Executrix
of the Estate transferring the real property to Dana L. Dagle-Lowe for the amount of
$130,000.
15. Petitioner believes, and therefore avers, that the transfer of the real property was for an
artificially low price.
16. Petitioner believes, and therefore avers, that Respondent Taylor made no effort to
advertise the sale of the real property, whether publically or privately.
17. Petitioner was not advised of the sale of the sale, or that an agreement to sell the house
had been entered into, prior to the transfer of the real property.
18. Had Petitioner been advised of the intended transfer of the real property, she would have
sought to block the transfer under 20 Pa.C.S. §3355.
WHEREFORE, Petitioner respectfully requests this Honorable Court enter an Order setting aside
the transfers of the real property of the Decedent to be recorded in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania.
REMOVAL OF EXECUTRIX
19. All paragraphs of this Petition are incorporated herein by reference.
20. Respondent Taylor's continued efforts to dispose of the real property of the Estate for a
value significantly less that the appraised value she obtained is wasting and/or
mismanaging the estate.
21. Despite the real property having been alleged sold more than 6 months ago, Respondent
has made no effort to provide an informal accounting of the Estate or distribute the funds
allegedly received.
22. Based upon Respondent Taylor's actions and/or inactions as fully plead herein, the
interests of the Estate are jeopardized by her continuation in office.
WHEREFORE, Petitioner respectfully requests this Honorable Court remove Sharon Taylor
from her position as the Executrix of the Estate.
Respectfully submitted,
Matthew D. Menges, squire
Sup. Ct. ID No. 208132
Menges & McLaughlin, PC
145 East Market Street
ITork, PA 17401
(717) 843-8046
Fax (717) 854-4362
mmenge5,~cr)yourlawfi rmforl ife. com
VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
Dated: / / ~f -o'LO/~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: ESTATE OF OLIVE JANETTE NO: 21-10-0142
HAAS EBERT, Deceased ,
CERTIFICATE OF SERVICE
I, Lisa M. Adams, Paralegal for the Law Firm of Menges & McLaughlin, P.C.,
do hereby certify that on the 8th day of February 2012, a true and correct copy of a
Petition to Compel Formal Accounting To Set Aside the Transfer of Real Property and
To Remove The Executrix was provided to Counsel for Personal Representative, Paul D.
Daggs, Esquire, via United States First Class Mail as follows:
Paul D. Daggs, Esquire
2132 Market Street
Camp Hill, PA 17011
Menges & McLaughlin, P.C.
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Dated: ~ (~ ~- /'
isa . Adams, P 1 gal
145 E. Market St.
York, PA 17401
(717)843-8046