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HomeMy WebLinkAbout03-21-12IN RE: IN THE COURT OF COMMON PLEAS OF ESTATE OF DAVID H. CLOUSER ;CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-09-0204 ORPHANS' COURT-p ~ -`~'r ~ ~ - _, -. u r _ ORDER OF COURT -- ~" '~ :-_. ~) ~ _ ,. AND NOW, this 21St day of March, 2012, upon consideration a~[7buglas T=~ ~' kc, `~ Clouser's Motion for Relief, Debra Houseman's Answer thereto and after consultation with counsel; IT IS HEREBY ORDERED AND DIRECTED that: 1. Debra Houseman may continue to stay in the home located at 1204 Mitchell Drive, Mechanicsburg, PA but must vacate the premises by July 2, 2012. Debra Houseman will not be required to pay rent prior to vacating the premises but the issue of whether any rent will be owed will be determined after liquidation of the estate. 2. The Parties will engage the services of Beth Williamson, realtor with Jack Gaughen Realtor and both parties will execute a listing agreement with her. 3. All items located at the residence are to be auctioned by either Costea's of Camp Hill or Rowe's of Carlisle. In either event, the contract with the auctioneer must be jointly executed within 3 weeks of today's date. 4. The items located in storage sheds located in Perry county shall be sold by Nevin Fahnestock, Auctioneer, New Bloomfield, PA. The agreement with Nevin Fahnestock must also be executed within 3 weeks of today's date. All remaining assets, if any, are to be liquidated on or before July 2, 2012. 5. Neither party will dispose of any of the assets of the estate. Any party who removes or disposes of any asset of this estate other than through the auction will be subject to criminal prosecution. 6. All proceeds collected from the sale of the home and the assets shall be placed in the escrow account of Michael Palermo, Esquire. 7. Douglas Clouser shall pay for the rental of the storage units located in Perry County. He will be given a credit for payment of these storage units in the estate's final accounting. 8. Both parties agree that all parties are allowed to be present for the removal of any items from the house or storage sheds and the Parties shall provide each other with sufficient notice of any scheduled appointments with auctioneers and realtors. By the Court, ~,~ ~ M. L. Ebert, Jr., J_ Michael Palermo, Jr., Esquire Attorney for Petitioner ~ ~~~ R. Mark Thomas, Esquire 3I~` la~ Q~.~ ~qs Attorney for Respondent 6 bas ORPHANS' COURT DIVISION In Re: DAVID H CLOUSER, DECEASED COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-09-0204 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 03/21/12 JUDGE'S INITIALS: MLE TIME STAMP DATE: 3/21/12 IN RE: ORDER OF COURT SERVICE TO: R MARK THOMAS MICHAEL PALERMO METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 3/21 / 12 ENVELOPES PROVIDED BY~ ^ PETITIONER ^ JUDGE ® CLERK OF ORPHANS COURT SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY~ ^ PETITIONER ^ JUDGE ® CLERK OF ORPHANS COURT r __ Deputy Clerk of Orphans' Court i1