HomeMy WebLinkAbout06-28-12IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLV
,
ANIA
IN RE:
ESTATE OF DAVID H. CLOUSER
• ORPHAN'S CO
• N0.21-2009-02 ~ ?~
PETI
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TION FOR EMERGENCY RELIEF c'
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AND NOW COMES Petitioner, Debra Housem ~ ~
an, and files this P
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Emergency Relief and in support thereof respectfull
y represents:
1 • Your Petitioner is the joint owner of 1204 Mitchell Drive, Mechanicsburg,
Cumberland County, Pennsylvania pursuant to the Last Will and Testament of David H.
Clouser, deceased.
2• Petitioner is also a legal tenant of the property located at 1204 Mitchell
Drive, Mechanicsburg, Pennsylvania
3• Without due process of law and over counsels objection, on March 21,
2012, this Court entered an Order directing Petitioner to vacate the premises at 1204
Mitchell Drive, Mechanicsburg, Pennsylvania, on or before July 2, 2012;
4• The Court Order of Mazch 21, 2012 deprives Petitioner of the benefit of
the use of her property without due process of law and therefore violates the Fiflh
Amendment of the United States .Constitution, as well as the Pennsylvania Constitution.
S• Since Petitioner, in addition to being a joint owner, is a tenant of the
property, the Court Order of Mazch 21, 2012, effectively evicts Petitioner from the
premises without compliance with Pennsylvania's Landlord Tenant Act.
6• Your Petitioner can document thro
ugh letters and a-mail communications
that she has attempted on numerous times to work with her brother to settle '
but has this estate,
been prevented from doing so by her brother's obdurate and vexatious beh
avior.
7• Further, due to the behavior of the Co-Executor, her brother, which
prevented the estate from being settled within a reasonable has
amount of time, your
Petitioner is without the funds or the wherewithal to vacate the premises
housing. and find new
g• Forcing your Petitioner to vacate the premises pursuant to the Co
Order of Mazch 21, 2012, would work a tremendous hazdshi urt's
p on Petitioner with such
hardship not being caused by Petitioner's behavior.
9• Efforts were. made to advise oppos~g counsel by a-mail on June 2
and by telephone on June 27, 2012. O 2, 2012
pposing counsel has not responded to either
attempt.
WHEREFORE, petitioner prays that this Honorable Court will vacate that
the March 21, 2012 Order which directs Petitioner to vacate the p°rhon of
premises on or before
July 2, 2012.
Respectfully submitted,
R. Mazk Thomas, Esquire
Attorney 41301
101 South Market Street
Mechanicsburg, PA 17055
Telephone: 717-796-2100
Email: rmazkthomasna mail.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
ESTATE OF DAVID H. CLOUSER
O~'HAN'S COURT
• N0.21-2009-0204
CERTIFICATE OF SERVICE
I, R. Mazk Thomas, Esquire, hereby certify that I have served a true and correct
copy of this Petition for Emergency Relief on the following persons by telefax to Michael
O. Palermo, Jr., Esquire at fax number 717-241-2456 and by a-mail addressed to
mop ,palermolawoffices com. The fax and email were completed at 12:30 p.m. on June
28, 2012.
Dated: June ~ ~, 2012
Respectfully submitted,
C~'G,~~
R. Mazk Thomas, Esquire