HomeMy WebLinkAbout12-22-11_,-;
IN THE COURT OF COMMON PLEAS OF '.? 4,...
CUMBERLAND COUNTY, PENNSYLVANIA _`' c-' ~ =.
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IN RE= ~ _.... T
ESTATE OF DAVID H. CLOUSER : ORPHAN'S COURT ~ ; : • , ~; ~;
N0.21-2009-0204 ~' ~--
PETITION TO ENFORCE RENTS SHARE COSTS & SET DEADLINE
AND NOW comes Petitioner, Douglas Clouser, as co-personal
representative of the above Estate, by and through his Counsel, Michael O.
Palermo, Jr. and files the following Petition to ENFORCE RENTS & SHARE
COSTS=
1. Your Petitioner is Douglas Clouser as co-personal representative of the
Estate of David H. Clouser.
2. Respondent is Debra Houseman, additional co-personal representative
and sister of Petitioner.
3. Petitioner and Respondent serve as co-representatives pursuant to the
Last Wi11 and Testament of the deceased, their biological father.
4. Your Petitioner has come before this Court numerous times seeking relief
only to be further burdened with expenses that should be born by the estate and/or
his co-administrator, Ms. Houseman.
5. Petitioner is without financial resources to continue to pay all the
expenses associated with the storage units.
6. Your Petitioner, per the terms of the Last Will and Testament, is due
$300.00 per month, each and every month Respondent resides in the residence
located at 1204 Mitchell Drive, Mechanicsburg, Pennsylvania.
7. This Honorable Court deferred payments of the $300.00 in direct
contravention of the Last Will & Testament, thus taking away anv motivation for
Respondent to decide whether to buy the home or put the same up for sale.
Essentially, by this Honorable Court's June 27, 2011 decision, the terms of the Will
in regards to the residence located at 1204 Mitchell Drive have become illusory.
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8. As of December 2011, Respondent has failed to pay rents in the
Amount of $4800.00.
9. Petitioner continues to incur legal fees and seeks reimbursement from
Respondent for the same in the amount of $350.00.
10. Attorney Mark Thomas has been contacted and is opposed to the relief
sough herein.
WHEREFORE, your petitioner respectfully requests that this Honorable
Court vacate the Order of Court entered on June 27, 2011 and direct the
following (1) direct Respondent to submit $4800.00 within ten (10) days
(2) Set a Deadline of January 10, 2012, by which time, Respondent shall give
undersigned Counsel notice of her intents in regards to the home located at
1204 Mitchell Drive (3) Order Respondent to submit $763.20 for her share of
rental payments for the estate storage units located in New Bloomfield, Perry
County, Pennsylvania and $381.60 on a bimonthly basis thereafter (4)
Award attorney's fees in an amount not less than $350.00 to undersigned
counsel.
Respectfully submitted,
PALERMO LAW OFFICES
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Michael O. Palermo, Jr., Esquire
17 W. South Street
Carlisle, PA 17013
(717) 254-6986
Supreme Court ID # 93334
Attorney for Petitioner
1 Those options are limited to: the following: (1) Stay at the residence for $300.00 per month,
(2) Buy Petitioner's share of the residence at the Appraised value or (3) Place the home on the
market for sale to the general public.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE
ESTATE OF DAVID H. CLOUSER ~ ORPHAN'S COURT
NO. 21-2009-0204
CERTIFICATE OF SERVICE
I, Michael O. Palermo, Jr., Esquire, do hereby certify that I served a copy of the
Petition upon the following by depositing same in the United States mail, postage prepaid,
at Carlisle, Pennsylvania, addressed as follows:
R. Mark Thomas, Esquire
101 S. Market Street
Mechanicsburg, PA 17055
Respectfully submitted,
Palermo Law Offices
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Michael O. Palermo, Jr., squire
17 W. South Street
Carlisle, PA 17013
(717) 254-6986
Supreme Court ID # 93334
Attorney for Petitioner Douglas Clouser
Dated: ~~+~ 'i`