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HomeMy WebLinkAbout05-18-15 OM & LUTLULAKIS Jason P.Kutulakis,Esquire Attomey I.D.#80411 2 West High Street n , Carlisle,PA 17013c 1 f t1 O (717)249-0900 IN THE COURT OF COMMON PLEAJ OF►-- T CUMBERLAND COUNTY,PENNSYLVANR IN RE: ESTATE OF ORPHAN'S COURT DIVISION r� JOHN G. MOHL w".' 1 NO. 21-2014-00723 -I- cn Co PETITION FOR RETURN OF ESTATE PROPERTY AND NOW, comes, Petitioner,Josua Mohl,Administrator for the Estate of John G. Mohl, by and through his attorney, Jason P. Kutulakis, Esquire, of ABOM & KUTULAKIS, LLP, and files the within Petition for Return of Estate of Property averring the following: 1. Petitioner is Josua W. Mohl, an adult individual and the Administrator for the Estate of John G. Mohl. 2. Respondent is Beverly Ann Daum, an adult individual residing at 109 Willow Lake Drive, Carlisle,Pennsylvania 17015. 3. John G. Mohl, (hereinafter referred to as "decedent"), died on July 26,2014. 4. Petitioner was granted Letters Testamentary on August 1, 2014. (See Short Certificate, Attached as Exhibit A). 5. Decedent and Respondent previously had lived together at a property located at 109 Willow Lake Drive, Carlisle,Pennsylvania 17015. 6. Decedent vacated the property on or around March 2012 7. On January 29,2013, decedent filed an Action in Partition in the Court of Common Pleas of Cumberland County, docketed at Docket Number 2013-520 for the property located at 109 Willow Lake Drive. 8. Since March 2012, decedent and Respondent did not reside together. 9. On November 6, 2012,Respondent sent a letter to decedent's attorney,wherein Respondent acknowledged that decedent's property was located in the garage at 109 Willow Lake Drive, Carlisle,Pennsylvania. (See November 6,2012 letter attached as Exhibit B). 10. On October 9,2014,in the Partition Action,an Order was entered by the Honorable Thomas A. Placey, ordering that any personal property claims are to be handled through the estate by way of formal claim. (See October 9,2014 Order attached as Exhibit C). 11. To date no formal claims for personally property have been filed by the Respondent. 12. Decedent's Property in the garage at the property is Estate property. 13. Respondent still holds decedent's property in the garage at 109 Willow Lake Drive, Carlisle, Pennsylvania, and she refuses to cooperate in turning that property over to the Estate Administrator. 14. In fact, through the Partition Action, Counsel for Petitioner attempted many times to coordinate a time with Respondent's Counsel for the Administrator to retrieve the Estate property from the garage. (See letter dated March 24, 2015 attached as Exhibit D and letter dated April 22,2015 attached as Exhibit E). 15. To date,Respondent has either refused to return the estate property or failed to provide dates for the Administrator to retrieve the property as requested. 16. The Petitioner cannot perform his duties in administering the Estate due to the Respondent . holding the Estate property hostage. 17. Respondent has acted willfully, obdurately, and in a vexatious manner by her actions of holding the Estate property hostage after repeated requests for return of that property. WHEREFORE, Petitioner respectfully requests this Honorable Court grant the within Petition for Return of Estate Property and Order the Respondent to immediately cooperate with the coordination of the return of the estate property to the Administrator, as well as, pay Petitioner's Counsel Fees and Costs in the amount of$500.00. Respectfully submitted, Aaom&KUTULAms L.L.P. DATE Jas -'P. Kutulakis, Esquire IV Supreme Court ID No. 80411 Brandon S. O'Donnell, Esquire Supreme Court ID No. 316575 2 West High Street Carlisle,PA 17013 (717) 249-0900 .Attorneys for Petitioner V ,RTFi ATiON 1, Josua Mohl. verify that the statements made in this Petition are true and correct to the best of my knowledge, information,and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date 05 A 5 JOSU MOHL COMMONWEALTH OF PENNSYLVANIA SHORT CERTIFICATE COUNTY OF CUMBERLAND I, LISA M. GRAYSON, ESQ. Register for the Probate of Wills and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 1st day of August, Two Thousand and Fourteen, Letters TESTAMENTARY in common form were granted by the Register of said County, on the estate of JOHN G MOHL JR late of EAST PENNSBORO TOWNSHIP (First,Middle,Last) in said county, deceased, to JOSUA W MOHL (First,Middle,Last) and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 1st day of August Two Thousand and Fourteen. File No. 2014- 00723 PA File No. 21- 14- 0723 Date of Death 712612014 S. S. # 108-36-5410 n I. C' Register Z" eputy E IBIT NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL November 6, 2012 Abom & Kutulakis, LLP 2 West High Street Carlisle, PA 17013 Attn: Kara W. Haggerty Re: File No. 13-402 Dear Ms. Haggerty: E IBIT The following personal property belonging to Mr. Mohl currently located in the garage area at 109 Willow Lake Drive, Carlisle, PA 17015, is to be removed from said address prior to date of settlement: • 8-N Ford Tractor • Kubota Tractor with mower and backhoe • , Yard-Man Push mower • Ariens Snow Blower • Huskee Log Splitter • Ladders • Pair of car ramps Sincerely, N` Beverly A. Daum JOHN G. MOHL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA THE NINTH JUDICIAL DISTRICT v CIVIL ACTION - LAW BEVERLY A. DAUM, 2013-0520 CIVIL TERM Defendant IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF THE NINTH JUDICIAL DISTRICT ORPHANS ' COURT DIVISION JOHN G. MOHL 21-14-723 IN RE: PRETRIAL MOTIONS ORDER OF COURT AND NOW, this 9th day of October, 2014, prior to testimony in the partition action, the personal property claims are to be handled through the estate. Defendant is directed to submit the previously .identified informal claim in a formal claim in the estate matter. No items identified in the formal claim shall be disposed of absent agreement of the parties or further Order of Court. By the Court, Thomas A. Placey C. P.J. Linda Clotfelter, Esquire 4076 Market Street Suite 100 C-) Camp Hill, PA 17011 C= Jaso Kutulakis, Esquire =im C-1 B:xandon S . O'Donnell, Esquire ...--"`2 West High Street CD Carlisle, PA 17013 ---sem;<= -T-1 ri :mae MCD E:ZDEXHIBIT om Qmc1:ocATIONs CARLISLE OFFICE (717)249-0900 LITULAKIS AR7172G2MC ATTORNEYS AT LAw CHAMBER OFFICE (717)7)267-0900 YORK OFFICE March 24,2015 (717)846-0900 Linda Clotfelter,Esquire 4076 Market Street Suite 100 Camp Hill,PA 17011 Re: John G.Mobl v Beverly Ann Daum Docket No:13-520 Our File No.: 12-471 Dear Linda: I am in receipt of your March 20, 2015 correspondence wherein you seem to prohibit Josua Mohl"s entry into the property as well as retrieval of estate items. As you are aware,the estate may be liquidated by its Executor and that is what Mr. Mohl intends to do. Moreover,the items that he has indicated that he desires to retrieve are all those items which both you and your client conceded belonged individually to Mr. Mohl and were not part of the partition action %hatsoever. In order to avoid further court intervention, I ask you to reconsider your position and fully cooperate so that Mr.Mohl may retrieve these items. Finally, there is no requirement that your client be present when Mr. Mohl comes to the propert;-pursuant to the Court Order. You certainly can fillthat role in her.place if you feel it necessary that someone be present. Again, we are attempting to comply with the spirit of the Court's Order, but must move this case frimard to closure. Very truly yours, Abom&Kutulalds,LLP )as n P.Kutulakis 1PK/S1f EXHIBIT cc: Josua Mohl 0 •� Reply To: 2 WEST HIGH STREET CARLISLE,PENNSYLVANIA 17013 (717)249-0900 FAx(717)249-3344 OFFICE LOCATIONS OM & CARLISLE OFFICE T T (717) 249-0900 U TTL A I HARRISBURG OFFICE 1 (717) 232-9511 CHAMBER ATTORNEYS AT LAW (7177)) 2 OFFICE 267-0900 YORK OFFICE April 22, 2015 (717) 846-0900 VIA EMAIL Linda Clotfelter, Esquire 4076 Market Street Suite 100 Camp Hill, PA 17011 Re: Estate of John G. Mohl, Jr. File No. 14-330 Dear Linda: I write in one last final attempt to retrieve John Mohl's property from your client for the Estate of John Mohl. As you know this property is held in Ms. Daum's garage and she previously has indicated that the property belongs to John Mohl: Josh Mohl, as his Executor, is.trying to gather all the estate assets in order to properly administer the estate. Ms. Daum's holding of the estate's property in her garage is impeding that process and unnecessarily delaying the administration of the estate. Please provide dates that Ms. Daum is available; for Josh to come and retrieve the items in the garage that belonged to his father: Additionally, you had indicated that Ms. Daum was retaining Orphan's Court counsel. To date we still have not received any correspondence from counsel for Ms. Daum or any claim that Ms. Daum has made in Orphan's Court for such property. Please provide me the name of the attorney representing her in Orphan's Court so that we may amicably work to resolve this issue. At this point, our next step will be to involve the Court in retrieving that property that Ms. Daum is withholding from the Estate. I am hopeful it will not come to that. I look forward to hearing from you soon. Sincerely, Abom &Kutulakis, LLP Brandon S. O'Donnell, Esquire BSO/s e EEXIBIT let cc: Josua Mohl 2 WEST HIGH STREET CARLISLE,PENNSYLVANIA 17013 (717) 249-0900 FAx(717) 249-3344 CERTIFICATE OF SERVICE AND NOW, this 18`' day May, 2015, I, Debbie Ryan, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Answer to Petition for Contempt by depositing, or causing to be deposited, same in the United States Mail, postage prepaid addressed to the following: Mark A. Mateya, Esquire 55 West Church Avenue Carlisle,PA 17013 Attorney for Respondent Debbie Ryan