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HomeMy WebLinkAbout09-11-12. ~! r~ ._. ~"'' 4~ --~ -, -r't ...~ mot, ; ~ ~''+ - cj'y _ .~ _.. __- ~r~-~- .. .. ,-'-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P ~ SYLV~NI ~-.=:T ~'~~` ORPHANS' COURT DIVISION ~' ~~' ~' E.rl ~ ~ IN RE THE ESTATE OF GLADYS M. OWENS, Deceased NO. 21-11-1255 PETITION FOR ROSE M. NEIDIG TO REMOVE CARMELLA COLBAN AS EXECUTRIX OR IN THE ALTERNATIVE TO COMPEL ADMINISTRATION WITH RESPECT TO THE DECEDENT'S REAL ESTATE 1. The Decedent, Gladys M. Owens, died on November 12, 2011, and Letters Testamentary were granted to Carmella Colban on November 23, 2011. 2. Your Petitioner is Rose M. Neidig, an adult individual, daughter of the Decedent and heir both at law and under the Decedent's Will; Rose M. Neidig resides at 123 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Pursuant to the Will, and as noted above, the Executrix of the Estate is Carmella Colban; Ms. Colban is also a daughter of the Decedent and an heir both at law and under the Decedent's Will, and Ms. Colban resides at 1079 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. 4. The Decedent owned a parcel of real estate in Cumberland County which was her residence at the time of her death; that parcel bears tax parcel number 17-32-0565-135 and its street address is 207 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania. 5. Pursuant to the Probate, Estate and Fiduciaries Code, it is the duty of Ms. Colban or any executrix or administratrix to maximize income for the estate that is being administered and to liquidate the Decedent's assets at the highest and best value possible. 6. Carmella Colban has failed to properly execute these duties with respect to the /IoL~ Decedent's real estate, as will be described below. 7. Specifically, Ms. Colban is not exerting her best efforts to sell the real estate, leaving it listed with a realtor who has not received any offers since the Decedent's death. 8. More importantly, throughout the administration of the estate, Ms. Colban has allowed a tenant to live in the Decedent's home who is a friend of Ms. Colban (and may have been a friend of the Decedent) and is allowing the tenant to pay nominal if any monthly rent, in the neighborhood of $50.00 per month. 9. Your Petitioner believes and therefore avers that the fair rental value of the Decedent's real estate is at least $500.00 per month. 10. Under the conditions described above, your Petitioner requests alternative forms of relief, namely, that Carmella Colban be removed as Executrix or that the Court issue an order requiring the tenant to vacate and Ms. Colban to expose the home for rental at its fair rental value until the home is sold, or, alternatively, to order Ms. Colban to secure another relator and meaningfully keep Petitioner and the other heirs apprised of the progress in selling the home. 11. Your Petitioner has noticed in the recent past that the "For Sale" sign at the home has been removed, leading Petitioner to conclude that perhaps no meaningful effort at all is currently being made to sell the home. 12. Further, your Petitioner requests that, whatever form of relief the Court ultimately grants, it include a surcharge against Ms. Colban for the difference between fair rental value of the Decedent's real estate and the rent actually collected from the current tenant, 2 for the time period in which the current tenant has occupied and will continue to occupy the Decedent's real estate. WHEREFORE, Petitioner requests this Honorable Court to issue a citation against Carmella Colban and ultimately to enter an order of the type described above; Petitioner also requests this Court to provide any other relief the Court may deem appropriate. w~Rty ~, Date 3 Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 VERIFICATION I, Anthony T. McBeth, am attorney for the Petitioner in the captioned action. I am verifying the attached document for the Petitioner in that she is outside the jurisdiction of this Court and her verification cannot be obtained by the time this document needs to be filed. I verify that the facts set forth in the attached document are true and correct to the best of my knowledge, information and belief. I so state subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities. ~a-