HomeMy WebLinkAbout07-02-12IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
ESTATE OF DAVID H. CLOUSER
ORPHAN' S COURT
N0.21-2009-0204
REQUEST FOR RECONSIDERATION c
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AND NOW COMES Petitioner, Debra Houseman, and files this Request ~,
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Reconsideration and in support thereof respectfully represents: ~ ~
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1. On March 21, 2012, the court entered an Order directing Petitioner to
vacate the premises at 1204 Mitchell Drive, Mechanicsburg, Pennsylvania.
2. The order of March 21, 2012, was entered without a hearing.
3. Petitioner is an owner of the property.
4. The Court Order effectively deprives Petitioner of her property without
due process of law in violation of both the U.S. Constitution and the Pennsylvania
Constitution.
5. On June 28, 2012, Petitioner filed a Petition asking the court to vacate that
part of the March 21, 2012, order which effectively deprived her of her property without
due process of law.
fi. On July 2, 2012, the Court denied the Petition.
7. On July 2, 2012, Petitioner filed a Notice of Appeal pursuant to Pa.
R.C.P., R.313 from the court orders of March 21, 2012 and July 2, 2012.
g, pursuant to Pa. R.A.P., R.1701, the orders of March 21, 2012 and July 2,
2012 are effectively stayed pending the appeal.
9. Pursuant to Pa. R.A.P., R. 1701(b)(3), the trial court may entertain a
Motion for Reconsideration of the orders which are on appeal.
WHEREFORE, Petitioner prays that this Honorable Court will reconsider and revise
the orders of March 21, 2012, and July 2, 2012.
Respectfully submitted,
R. Mark Thomas, Esquire
Attorney 41301
101 South Market Street
Mechanicsburg, PA 17055
Telephone: 717-796-2100
Email: rmarkthomas(c~gmail.com