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Home My WebLink About09-11-13 ., :� � , � _ c_: � Pecht & Associates, PC _ • � ' ; Wayne M. Pecht, Esquire ;";; �'�' :- . " PA ID No.: 38904 � : Rob Bleecher, Esquire ; � . . PA ID No.: 32594 ' 650 North Twelfth Street - Suite 100 ' � Lemoyne, PA 17043 � �' 't (717) 691-9808 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: : Estate of Christine L. Fouts, : No. 21-12-467 deceased : EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER NOW COMES Applicants Logan L. Fouts and Hannah M. Fouts, a minor, by and through her parent and natural guardian, Todd M. Fouts, by and through their attorneys, Pecht & Associates, PC, and makes the following Motion for the entry of a temporary restraining order against Respondent Wendy J. Polito: 1. Christine L. Fouts died on April 17, 2012. 2. Applicants are the natural children of Christine L. Fouts. 3. On April 20, 2012, the Will of Christine L. Fouts was probated and Letters Testamentary were issued to Respondent Wendy J. Polito. 4. Applicants are the only beneficiaries under the Will of Christine L. Fouts, deceased. 5. Because the Estate initially had little money, Applicants agreed to allow the Estate to retain $13,015.17, money to which they were entitled, in order to pay for their mother's funeral expenses, which were expenses of the Estate. 6. Applicants' mother owned three categories of personal property which Applicants wished to have to remember their mother by, namely the collection of seven (7) Byers Choice Christmas carolers (ceramic), seven (7) place settings of Lenox Citation Gold 5-piece place settings, and various pieces of jewelry. 7. When the inheritance tax return was filed by Respondent Wendy J. Polito, as Executrix, all of these items were valued, collectively, at $2,881.50. 8. Applicants have advised Respondent and Respondent's attorney on numerous occasions that they wanted the three (3) categories of personal property above-referenced, in exchange for their payment of $13,015.17 to the Estate, a number almost five times the alleged value of the property. 9. There are other disputes between Applicants and Respondent, unrelated to this particular matter. 10. Respondent Wendy J. Polito has made as a condition of turning over the category of personal property, the withdrawal by Applicants of a separate legal action against the Respondent. 11. These items of personal property are irreplaceable and non-fungible because they belonged to Applicants' deceased mother, played a role in the childhood of Applicants, and have irreplaceable sentimental value. 12. Respondent Wendy J. Polito has threatened on numerous occasions to sell or otherwise dispose of these items in an effort to preclude Applicants from possessing them. See Applicants' Exhibits A, B, and C attached hereto and incorporated herein by this reference. 13. Applicants fear that Respondent Wendy J. Polito will in some way dispose of or destroy the items of personal property in an effort to prohibit Applicants from possessing them. 14. Applicants are entitled to have sole, absolute, and unfettered possession of these items immediately. 15. Immediate Court intervention is required to preserve the property and to have the property distributed to Applicants. 16. Money damages are not an adequate remedy because of the irreplaceable sentimental value that these items, of modest monetary value, have to Applicants. 17. Ordering the preservation of the items maintains the status quo. 18. The actions of Respondent are vexatious, specious and meritless. 19. Respondent should pay Applicants' attorney fees in the amount of $750.00 for causing Applicants to prepare and file this Motion. 20. No Judge has ruled on this or a related matter. 21. Counsel for Respondent was provided with a copy of this Emergency Temporary Restraining Order prior to 1:00 p.m. on this date September 11, 2013 and no response has been received from counsel as of this time. WHEREFORE, Applicants respectfully request this Honorable Court to enter a temporary restraining Order against Respondent Wendy J. Polito, as Executrix of the Estate of Christine L. Fouts, deceased, directing her to immediately turn over possession of the following items of personal property to Applicants: the collection of seven (7) Byers Choice Christmas carolers (ceramic), seven (7) place settings of Lenox Citation Gold 5-piece place settings, and various pieces of jewelry; or in the alternative, Order Respondent to preserve these items in safe keeping until the Court can hold a hearing on this matter; and IT IS FURTHER requested that Applicants shall serve this Order on Respondent Wendy J. Polito by faxing a copy to her attorney; and IT IS FURTHER requested that Respondent Wendy J. Polito pay Applicants' attorneys fees in the amount of$750.00. Respectfully su itted, PEC & A CIATES, PC Way e . Pecht PA ID No. 8904 Rob Bleecher PA ID No. 3594 650 North Twelfth Street Suite 100 Lemoyne, PA 17043 Telephone: (717) 691-9808 Facsimile: (717) 695-6550 wpecht@pechtlaw.com Attorneys for Applicants 0'�l1Ql2013 12:12 R MARK THaMAS,�TTORNEY AT LAW {FA}(}717 796 3600 P.0�2l002 R MARKTHC7MA5` AttarneyatLaw I ttI Svutli tl�arket Street Meclranicsburg,Penasylvaitda 17055-3851 Telephone: (7l7) 796-2100 FAX:• (71'7� 796-3600 September 10,2013 Wayne M.Pecht,Esquire f5Q North Twelfth Street,Suite 10(} Lemoyne,PA 17p43 FAX-717-695-b550 RE: Estate c�f Cl�ristine L. Fauts Civil Actian No. 13-3391 ]3ear Mr.Pecht: I sent yc�u a proposal to zesolve ail matters by way of a Family Settlement Agreement on July 1�, 2013. A week later you left a phone message advising me you wpuld meet with your clients aud get back to me regarding the propc�sal. Ai�$r several weeks passed,I had not heard anythi.ng from you. Hence,my letter of September 5,2013, advising you that we were going to file a Pirst ar�d Final Account so that this matter could be put to rest. I have read ycsur letter of September 9,2013. Your cIients' refusal to withdraw the lawsuit filed against Wendy in her capacity as Executrix precludes a Family Settlement Agreement resoiutian. We will praceed with filing the accaunt under these circuamstances,but the accaunt will not include giving the items we had Iioped ta give to your clients. generated by the need to prepare and fi]e the account. t�endy will also be entitted to additianai commission as this will involve the need far her to devote even more of her time to conclud�this estate. Arty rexnaining monies wi11 be kept to help defray the costs of defen:ding what I cc�nsider to be a frivolous lawsuit. I meet with Wendy tomarrow, September 11, 2013, at 1:Q0 p.m. If we have not resalved #he estate isse�es and the lawsuit by the end ofwork tc�mo�ow,we wili fi1e the account and commence defending the lawsuit. Ve truly yo , . G�� R.Mark Thamas RMT/jkr cc: Wendy Palito,Execuirix Faxed�mailed EXNtBlT � A R MARK THOMAS AttorneyatLaw 101 South Market Street Mechanicsburg,Pennsylvania 17055-3851 Telephone: (717) 796-2100 FAX: (717) 796-3600 May 30, 2013 Wayne M. Pecht, Esquire Suite 200 1205 Manor Drive Mechanicsburg, PA 17055 FAX- 717-691-2070 RE: Estate of Christine L. Fouts, deceased Dear Wayne: Enclosed is a copy of the Pennsylvania lnheritance T� return along with the audit from the Department of Revenue accepting the tax return as filed. As you can see, the estate was insolvent. None of the creditors have been paid, nor will they be paid. An income tax refund for 2012 in the amount of$1,194.00 was received from the IRS. The refund was used to pay outstanding executrix commissions and additional legal fees to wrap up the estate. Wendy was able to maintain possession of the Christmas Carolers, the Lenox china and the rings. Each of these items has been listed on Schedule H of the inheritance tax return. We are hopeful that the estate can be closed out amicably with a Family Settlement Agreement. If this can be done,the above items will be handed over for the benefit of Logan and Hannah when the agreement is signed. Of course, Hannah is a minor and thus will need a guardian to sign the agreement on her behalf. If we are required to file an accounting with the court, then there would be additional fees and commissions. Please let me know how you wou prefer to hand the final settlement of this estate. Very truly yours !�� R. Mark Thomas RMT/jkr cc: Wendy Polito, Executrix EXHIBIT Enclosure � B R MARK THOMAS �,�UIR PAGE 02/03 1H12 15:06 7177963�00 � �. �1��THOIvzAS Attor�te�at Lavv t Q� South Market S�reet Mec.b.anicsbur�,Pennsylvataia 1�055-3$S� Tel�phone: �717� 7�6-2��4 "TeIefa�c: (717} 796-360t� July �9, 2012 t�VayrYe M. Peaht,�sc�uzx� Suite 20Q 1205 Manaz�Drive MeGh�nzcsbuxg,�',A 17�55 FA��71�} 691.,2070 Re: �st��te+�f Ch�zstin�Fouts, decc�se�d Dear Mr. P�eh.t: La�an h.ad pzeviously made arrangez��nt�t� cozn��o the ha��use on Sunday, 7u1y �2,2412. Slxe said she was on vacatian this week aud�ou1d not be av�ilab].e untzl then. Now,your letter eozn�s sayi��t1��t sh�is avail�ble and vva,nts tc� com�to the$ause o�e �ve�.ing th�s week. This k�as breen typical. �Vly client�s tald on�e thi.�zg by Logan, arzd you �.re told samet�ing else. P�I�cliez�t is avai�able�'riday,July 2�l,2012 at 6:�0 p.rn.. I.f yau accompany �.ogan,you are not tc�speal�wit�Z my cli��.t about estate issues. I;f sam.e�hing is�,agaz�'s, she wil� �e ,fz��tv rer�ov�it. Xf m�c�ie�t is not oer�ain about a�lov�,ez��Logan ta rexnove ax�y particula�izem,Z ha�e in.�x�tec�}aer��at�a altow Logan ta rerr�ave that xt�m. Thereafter, you a�d I can dxsc�iss whethcz�that iter�a sho�ld be giv�n to Logan. In i�o cv�nt, �are you tc�te�l my cliez�t what to do,ar�tivhat s�e shouid�c�. T vviIl trust you to see that aiI camtnunications a.xe a�icablc whi�e yau�re present,�vith tl�:e und�rstand'zzzg t�at you�d I will resa].ve a�y issues that arise durzz�g this r„��i�zg c�n Monday befc�re t}�e auctzon. If�'�r an.y re�so�tbin�s get heat�d or argurt�entativ�I�ave told'V47�r�dy to cnd the zneetin�and hau�you and�.o;an]ea.v�. , Q�uzte some tim�e ago, Wenr�y gav�Lagan k�er;motl�er's '�wel box w 'ch co�tained a��her znot�aer°s remaiz�ing jewe� . ,k��onty items z�emc�v�d this p�t�wec e� ��c uded o�d dot�ii.zzg a£Cl�sti�ae's axid fxles�'�rom a�Z��g c�bin.�t st�that EXHIBIT 1 � C R MARK THOMAS E�UIR PAGE @3f 03 /2@12 15:06 7177963600 the Fz�ing cabinet cauid i�e sold. The cta�hing is avai��.ble for the girls. Untess they ex�ress sc�mc ir�tcrest in the etothin�g my�lient will take the clothing t�Cxoodwiii., Vdendy is goir�g ta provide rne wi.th ih� a?nour�t fil�at was paid�or Christine's wak� �ad Z wii�re£�and th�t money to you. Likevvise,the�700.O�p fi�x the cemetezy plot. � should have�e rr�onies at the end of�ncxt rr�eek. Keep in mind t�a�Wendy xzghxfully beti�v�d t1�e znsurarxce proceeds were hers wh�n t]�ese.funezat axtd v�vake expcnscs were paid, Now, sh�is eom.p�I�ed to raise this znar�ey�and pay it out a.f her�r�poeket wlaEn she was nat at fault. Cansidering the girls each rGCe�ved in exc�ss of$70,OU0.44 frQm tkzeir xnc�ther and the fact tkzat 1:hese are legzt�ate funersl,expenses for t�aeir t�nother, t atn scuprised the�are not willing to b�ar thes�casts inst�ad Qfpassing tl��zn on t�a an irtrtcrcent party,nasr�ely my client. C►n�c the auctz�n zs compl�te we will preparc�campl�te anventory axrd acct�u.nti.z�g and prc�vide you r�uith,a copy of same. At t�uis t�m�,we are ha�e�'izi of i�ei�g able to keep i�ze wedding zi�gs�s}foz the gizls, but untzl�he e�tat��s z�eady to b�s�ttled w� caranc�t promis�anytkung. Pt�ase advise as to rn��ng taz�orrQw night. �JVez�dy wi�I ne�d to �cz�ow in th� marnin�s�r she ca.n adjust her. schcdute ta be ti�.ere, jlery fixu]y yours, kt. P�Iar�C Thoi�as R�IT/cah cc: W endy Pa�itc� � � CERTIFICATE OF SERVICE I do hereby certify that on this the llth day of September 2013, I served a true and correct copy of the foregoing Motion by facsimile, as follows: R. Mark Thomas, Esquire Counsel for Respondent (717) 796-3600 facsimile � Wayne echt, Esquire PA ID o.: 904 Rob Bleecher PA ID No. 32594 Pecht & Associates, PC 650 North Twelfth Street Suite 100 Lemoyne, PA 17043 (717) 691-9808 Attorneys for Applicants VERIFICATION I, Rob Bleecher, Esquire, state that the averments contained in the foregoing pleading are true to the best of my knowledge, information and belief. Further, I am aware that nay false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: September 11, 2013 Bleecher, Esquire