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HomeMy WebLinkAbout04-07-15 Shaun E. O'Toole I.D.No. 44797 220 Pine Street -z Vr" Harrisburg, Pennsylvania 17101 Attorney for Petitioner, Dorothy M. Williams ; M Cf) O IN THE COURT OF COMMON PLEAS -' OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: PEARL L. HICKS, An Incapacitated Person No. 21-14-1039 PETITION FOR APPOINTMENT OF A GUARDIAN FOR THE LIMITED PURPOSE OF SELLING REAL ESTATE PETITIONER OWNS WITH AN INCAPACITATED PERSON And now comes Petitioner, Dorothy M. Williams,through her legal counsel, Shaun E. O'Toole, and files this Petition for Appointment of a Guardian for the Limited Purpose of Selling Real Estate Petitioner Jointly Owns With an Incapacitated Person and in support thereof states as follows: 1. Petitioner, Dorothy M. Williams, and her sister, Pearl L. Hicks (Ms. Hicks), own a residential property located at 520 Radnor Street, Harrisburg, Pennsylvania ("Property") as tenants with the right of survivorship. 2. On October 31, 2014, Petitioner, Dorothy M. Williams, and her niece, Joani Hicks, filed with this Court a Petition for Adjudication of Incapacity and Appointment of Guardianship or, in the Alternative, an Order Directing Sale of Alleged Incapacitated Person's Interest in Real Estate. 3. After a hearing on January 5, 2015,the Court entered an Order on January 8, 2015 holding that Ms. Hicks is and incapacitated person. 1 4. The January 5, 2015 Order addressed the procedure by which Petitioner and Ms. Hicks were to sell the Property, ordering that Eric Hicks, Sr. ("Eric Hicks"), Ms. Hicks' son and the agent under her Power of Attorney, shall join Petitioner to sell the Property. 5. The January 5, 2015 Order also ordered that if the parties could not agree upon a listing agent for the sale of the Property within ten days, each party should submit his/her choice of agent in writing to the Court and the Court would then determine the agent. Said submission to the Court was to include the agent's resume with the agent's recommendations as to what needs to be done to expedite a quick sale of the Property which was to include whether to rent the property or leave it vacant. 6. When the parties did not agree to a listing agent within ten days of the Court's Order, Petitioner's choice for a listing agent, Marcy Robinson of Howard Hanna, submitted a written proposal to the Court dated January 14, 2015 and a later report dated January 22, 2015. 7. On January 16, 2015,this Court entered an Order directing Eric Hicks, in his capacity as agent under Ms. Hicks' Power of Attorney, to submit a written proposal to the Court with his recommend listing agent no later than January 25, 2015. 8. When Eric Hicks did not submit a written proposal to the Court, the Court entered an Order dated February 2, 2015 ordering that Marcy Robinson shall be utilized as the listing agent and further ordering the Eric Hicks "SHALL sign the listing agreement and any other documentation to commence the listing of the property." [Emphasis,the Court's.] 9. Shortly after the February 2, 2015 Order, Eric Hicks, Petitioner, and Marcy Robinson met at the Property to execute the necessary documents to list the Property for sale through Marcy Robinson's agency with the listing to occur on or before March 1, 2015. 2 10. At this meeting Eric Hicks informed Petitioner and Marcy Robinson that it was his intention to move into the Property. 11. Upon entering the Property for the meeting, the parties learned for the first time that the ceiling in the kitchen had fallen in. 12. Marcy Robinson informed Petitioner and Eric Hicks that because of the damaged ceiling, the Property could not be listed for sale until the sellers (Eric Hicks and Petitioner) signed a Seller's Disclosure Statement disclosing this damage, a statement that she (Marcy Robinson) would have to prepare subsequently. 13. When Marcy Robinson asked Eric Hicks when he would bP available to sign the Seller's Disclosure Statement,his response was, "Don't call me, I'll call you." 14. When Eric Hicks did not contact Marcy Robinson to arrange to sign the Seller's Disclosure Statement, Marcy Robinson contacted him and he agreed to meet with Marcy Robinson and Petitioner at the Property on April 20, 2015 for the purpose of signing the document and getting the Property listed for sale by Mayl, 2015. 15. Petitioner and Marcy Robinson met at the Property on April 20, 2015 at the appointed time,by Eric Hicks did not show up. 16. Petitioner has left numerous messages on Eric Hicks' telephone since April 20, 2015 asking for his assistance in signing the Disclosure Statement so that the property can be listed. 17. Marcy Robinson has left at least one message on Eric Hick s telephone requesting that he meet with her to sign the Disclosure Statement. 18. Eric Hicks has not responded to the messages left by Petitioner and Marcy Robinson and as a result the Property is still not listed for sale. 3 19. By refusing to cooperate in the execution of the Sellers Disclosure Statement, Eric Hicks is in contempt of this Court's Order of February 2, 2015 which ordered him to "sign the listing agreement and any other documentation to commence the listing of the property." 20. To date, Eric Hicks has not moved into the Property, and Petitioner believes that it was the Court's intention the if Eric Hicks intended to move into the Property while it was being marketed that he was to state as such in the written document he was to file with the Court describing his desires about how the Property should be marketed and by failing to submit such a writing to the Court Eric Hicks is precluded from moving into the Property while it was being marketed. 21. Petitioner believes that in light of Eric Hicks' continued refusal to cooperate with the sale of the Property and in light of the fact that selling the Property is contrary to any intent that Eric Hicks has to move into the Property, it would be futile and would not lead to an orderly sale of the Property for the Court to enter a less invasive Order than the appointment of a guardian for the limited purpose of selling the Property. 21. The interests of Petitioner vis-a-vis the sale of the Property .are identical to Ms. Hicks' in that they both parties benefit equally if a sale occurs as soon as possible and at the best possible price. Wherefore, Petitioner respectfully requests that the Court award a citation directed to Eric Hicks, Sr. to show cause, if any, why this Court should not enter an Order appointing Petitioner, Dorothy M. Williams, as the guardian of Pearl L. Hicks, an incapacitated person, for the limited purpose of selling the Property Dorothy M. Williams and Pearl L. Hicks own as joint tenants with right of survivorship at 20 Radnor Street, Harrisburg, Pennsylvania, and to utilize Pearl L. 4 Hicks' share of the sale proceeds as directed in paragraph 5 of the Order of this Court entered on January 9, 2015 Respectfully submitted by: Date: 06/0-1 haus E. O'Toole 220 Pine Street Harrisburg, Pennsylvania 17101 (717) 695-0389 Supreme Court No. 44797 Attorney for Petitioners, Dorothy M. Williams and Joanie Hicks 5 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Entry of Appearance was served by first class United States mail, postage prepaid, upon the following: Eric L. Hicks 2722 Reel Street Harrisburg, Pennsylvania 17110; and Robert P. Kline, Esq. 714 Bridge Street New Cumberland, Pennsylvania 17070 Attorney for Pearl L. Hicks. Date: O 610-11 t S Shaun E. O'Toole Attorney ID 44797 220 Pine Street Harrisburg, Pennsylvania 1.7101 717.695.0389 VERIFICATION The undersigned hereby verifies that the statements of fact in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. V 1 Date: /7 orothy M. W lliams