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Home My WebLink About07-02-12 (3)IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ESTATE OF DAVID H. CLOUSER ORPHAN'S COURT N0.21-2009-0204 NOTICE OF APPEAL Notice is hereby given. that Debra Houseman, Petitioner in the above captioned matter, hereby appeals to the Superior Court of Pennsylvania from the Orders of March 21, 2012, and July 2, 2012. These Orders have been entered in the docket as evidenced by the attached copy of the docket entry. Respectfully submitted, ~C~- R. Mark Thomas, Esquire Attorney for Defendant Attorney No. 41301 101 South Market Street Mechanicsburg, PA 17055 Telephone: 717-796-2100 r `~ ~~- ~S ~c ~,~.. ca :_. ^ ~,, ~~ N ~ ,~ t~ j " ~ = rV~ C.J ' -- " ~ '~ Ll= N dG ~, c~-~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ESTATE OF DAVID H. CLOUSER ORPHAN'S COURT N0.21-2009-0204 CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Appellate Procedure, Rule 906, by depositing a true and correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania, First Class Postage pre-paid, addressed to: Honorable M. L. Ebert, Jr. Cumberland County Courthouse One Courthouse Squaze Cazlisle, PA 17013 M.O. Palermo, Jr. Esquire 3300 Trindle Road Camp Hill, PA 17011 R. Mazk Thomas, Esquire 101 S. Market Street Mechanicsburg, PA 17055 13432107022012 Cumberland County - Orphans Court ORC621 Case No 2009-00204 Case Name: CLOUSER DAVID H Age Docket Entries Filed 3/03/09 1 PETITION FOR PROBATE AND GRANT OF LETTERS TESTAMENTARY OATH OF PERSONAL REPRESENTATIVE WILL DEATH CERTIFICATE WSZ 3/03/09 2 DECREE OF PROBATE AND GRANT OF LETTERS TESTAMENTARY WSZ 4/22/09 3 CERTIFICATION OF NOTICE UNDER RULE 5.6 (A) JAN 5/15/09 4 REV 1543 INFORMATION NOTICE & TAXPAYER RESPONSE ACN 09117549 AJW 5/15/09 5 INHERITANCE TAX PYMT PAID - 947.56 ACN - 09117549 RECEIPT - CD011243 POSTMARK DATED - 05/15/2009 WEST DONNA L 5/15/09 6 REV 1543 INFORMATION NOTICE & TAXPAYER RESPONSE ACN 09117546 AJW 5/15/09 7 REV 1543 INFORMATION NOTICE & TAXPAYER RESPONSE ACN 09117552 AJW 5/15/09 8 INHERITANCE TAX PYMT PAID - 7,000.00 ACN - 101 RECEIPT - CD011247 POSTMARK DATED - 05/15/2009 CLOUSER DOUGLAS G 6/24/09 9 INHERITANCE TAX PYMT PAID - 305.58 ACN - 09117554 RECEIPT - CD011402 POSTMARK DATED - 06/24/2009 CLOUSER DOUGLAS G 6/24/09 10 INHERITANCE TAX PYMT PAID - 321.07 ACN - 09117548 RECEIPT - CD011403 POSTMARK DATED - 06/24/2009 CLOUSER DOUGLAS G 6/24/09 11 INHERITANCE TAX PYMT Pagj02/2012 ~ ~C ~~ 1 . ,~ _ ~~ ta. Y$. t7 W ~~~ ~.. ~ <g ~~ 13432107022012 Cumberland County - Orphans Court ORC621 Case No 2009-00204 PAID - 320.91 ACN - 09117551 RECEIPT - CD011404 POSTMARK DATED - 06/24/2009 CLOUSER DOUGLAS G 7/17/09 12 REV 1548 NOTICE INH TAX APPR JOINT ASSETS ACN 09117552 TOTAL DUE $15.28 SAP 7/17/09 13 REV 1548 NOTICE INH TAX APPR JOINT ASSETS ACN 09117549 TOTAL DUE $16.05 SAP 7/17/09 14 REV 1548 NOTICE INH TAX APPR JOINT ASSETS ACN 09117546 TOTAL DUE $16.05 SAP 7/20/09 15 INHERITANCE TAX PYMT PAID - 320.91 ACN - 09117550 RECEIPT - CD011515 POSTMARK DATED - 07/20/2009 HOUSEMAN DEBRA A 7/20/09 16 INHERITANCE TAX PYMT PAID - 305.58 ACN - 09117553 RECEIPT - CD011515 POSTMARK DATED - 07/20/2009 HOUSEMAN DEBRA A 7/20/09 17 INHERITANCE TAX PYMT PAID - 321.07 ACN - 09117547 RECEIPT - CD011515 POSTMARK DATED - 07/20/2009 HOUSEMAN DEBRA A Paq/02/2012 8/03/09 18 SEAP 1548 NOTICE .INH TAX APPR JOINT ASSETS ACN 09117548 PAID IN FULL 8/03/09 19 SEAP 1548 NOTICE INH TAX APPR JOINT ASSETS ACN 09117551 PAID IN FULL 8/03/09 20 SEAP 1548 NOTICE INH TAX APPR JOINT ASSETS ACN 09117554 PAID IN FULL 9/18/09 21 CAJ 1548 NOTICE INH TAX APPR JOINT ASSETS ACN 09117547 PAID IN FULL 9/18/09 22 CAJ 1548 NOTICE INH TAX APPR JOINT ASSETS ACN 09117550 $AID IN FULL 9/18/09 23 CAJ 1548 NOTICE INH TAX APPR JOINT ASSETS ACN 09117553 PAID IN FULL 13432107022012 Cumberland County - Orphans Court Pagj02/2012 ORC621 77 Case No 2009-00204 10/23/09 24 REV 1607 NOTICE INH TAX APPR JOINT ASSETS ACN 09117546 PAID IN FULL SAP 10/23/09 25 SEAP 1607 INH TAX STATEMENT OF ACCT ACN 09117549 PAID IN FULL 10/23/09 26 SEAP 1607 INH TAX STATEMENT OF ACCT ACN 09117552 PAID IN FULL 11/13/09 27 JAETNITION FOR THE REMOVAL OF CO PERSONAL REPRESENTATIVE OF ESTATE 11/19/09 28 ORDER OF COURT DATED 11/19/09 IN RE PETITION FOR THE REMOVAL OF CO PERSONAL REPRESENTATIVE OF ESTATE IT IS ORDERED AND DIRECTED THAT DEBRA HOUSEMAN SHALL FILE AN ANSWER TO THE PETITION ON OR BEFORE 12[11/09 DEBRA HOUSEMAN SHALL SECURE INSURANCE FOR THE PROPERTY AND REAL ESTATE LOCATED AT 1204 MITCHELL DRIVE MECHANICSBURG PA IMMEDIATELY AND PROVIDE PROOF OF SUCH INSURANCE TO THE COURT ON OR BEFORE 12[0409 DEBRA HOUSEMAN SHALL PERMIT HER CO PERSONAL REPRESENTATI E TO HAVE UNFETTERED ACCESS TO 1204 MITCHELL DR TO INCLUED ALLOWING FOR AN APPRAISAL OF THIS STATED REAL ESTATE IT IS FURTHER ORDERED AND DIRECTED THAT A HEARING ON THIS (CONTINUE) 11/19/09 29 CONTINUED-MATTER SHALL BE SET FOR TUESDAY 01/12/10 AT 11AM IN COURTROOM NO 2 OF THE CUMBERLAND COUNTY COURTHOUSE BY THE COURT M L EBERT JR JUDGE COPIES MAILED 11/20/09 JAN 12/17/09 30 JE~SPONDENTS ANSWER TO PETITIONERS PETITION FOR REMOVAL 1/19/10 31 ORDER OF COURT DATED 01/19/10 IN RE PETITION FOR THE REMOVAL OF CO PERSONAL REPRESENTATIVE IT IS ORDERED AND DIRECTED THAT THE PETITIONERS REQUEST TO REMOVE DEBRA HOUSEMAN AS A CO PERSONAL REPRESENTATIVE IS DENIED IT IS FURTHER ORDERED AND DIRECTED THAT THE HOUSE WILL BE APPRAISED A COPY OF THE APPRAISAL SHALL BE SUPPLIED TO THE COURT DEBRA HOUSEMAN SHALL SUPPLY THE DEFENDENT WITH A KEY TO THE PROPERTY BOTH PARTIES ARE HEREBY PROHIBITED FROM MOVING SELLING OR IN ANY WAY DISPOSING OF ANY PERSONAL PROPERTY THE ITEMS WILL BE INVENTORIED IN THE PRESENCE OF BOTH PARTIES DEBRA HOUSEMAN SHALL PAY RENT TO THE PETITIONER CONTINUED 1/19/10 32 CONTINUED FROM ABOVE DOUGLAS CLOUSER FROM 07/01/2009 TO THE PRESENT APPOINTMENTS FOR DOUGLAS CLOUSER TO ENTER THE HOME IN QJREJUDGE COPIESBMAILED OEj19I~RO0UGH COUNSEL BY THE COURT M L EBERT WSZ // 6/09/10 33 PETITION FOR APPOINTMENT OF PERSONAL REPRESENTATIVE 13432107022012 Cumberland County - Orphans Court Pa e 4 ORC621 g 7/02/2012 Case No 2009-00204 WSZ 6/23/10 34 RULE TO SHOW CAUSE DATED 06/23/10 IN RE PETITION TO APPOINT PERSONAL REPRESENTATIVE A RULE IS ISSUED UPON DOUGLAS G CLOUSER TO GHRANTEDURULEFRETYURNABLE AND HERINGLTHERONQTOSBEDHELD ON 9/6/BO IN CRTRM 2 AT 9:30 AM -BY THE COURT M L EBERT J COPIES MAILED VIA USPS ON 6/23/10 CAJ 9/03/10 35 ANSWER TO RULE TO SHOW CAUSE SAP 11/03/10 36 ORDER OF COURT DATED 11/3/10 IT IS HEREBY ORDERED AND DIRECTED THAT A STATUS CONFERENCE WILL BE HELD ON MONDAY 11/15L10 AT 8:30 AM IN CHAMBERSBS OF COURTROOM 2 -BY THE COURT M L EBEERT JR J CAJIES MAILED 11/3/10 1/18/11 37 RULE 6.12 REMINDER LETTER MAILED TO ATTY SAP 2/01/11 38 ORDER OF COURT DATED 01/31/11 THAT A STATUS CONFERENCE WILL 1:30 PM IN CHAMBERS OF COURTR~ COURTHOUSE C LISLE PA BY THE MAILED 02/011 WZ IT IS HEREBY ORDERED AND DIRECTED BE HELD ON WEDNESDAY 02/16/11 AT JOM 2 OF THE CUMBERLAND COUNTY COURT M L EBERT JR JUDGE COPIES 2/16/11 39 ORDER OF COURT DATED 02/16/11 IN RE STATUS CONFERENCE IT IS HEREBY ORDERED AND DIRECTED THAT AN APPRAISAL OF THE PROPERTY LOCATED AT 1204 MITCHELL DRIVE MECHANICSBURG PA WIL BE DONE BY CERTIFIED APPRAISER LARRY FOOTE THE COST OF THIS APPRAISAL WILL BE PAID IN ADVANCE FROM THE MONIES IN THE CURRENT ESTATE ACCOUNT APPRAISER FOOTE SHALL PROVIDE A COPY OF THE FORMAL APPRAISAL TO COUNSEL FOR EACH PARTY -BY THE COURT M L EBERT JR J COPIES MAILED 2/16/11 CAJ 3/23/11 40 CO-ADMINISTRATORS MOTION FOR RELIEF SAP 3/24/11 41 ORDER OF COURT DATED 03 24/11 IT IS ORDERED THAT 1 A RULE IS ISSUED UPON DEBRA HOUSE TO SHOW CAUSE WHY THE RELIEF REQUESTED SHOULD NOT BE GRANTED 2 DEBRA HOUSEMAN SHALL FILE AN ANSWER TO THE PETITON ON OR BEFORE 0 /15/11 3 A HEARING ON THIS MATTER SHALL BE SET FOR THURSDAY 06/23 AT 10:30 AM IN COURTROOM 2 OF TEH CUMBERLAND COUNTY LOUR HOUSE CARLISL PA BY THE COURT M L EBERT JR wLSTDGE COPIES MAILED 03 24/11 6/20/11 42 RESPONDENTS ANSWER TO PETITION CAJ 13432107022012 Cumberland County - Orphans Court ORC621 Page 5 7/02/2012 Case No 2009-00204 6/27/11 43 ORDER OF COURT DATED 06/27/11 IN RE MOTION FOR RELIEF AND ANSWER IT IS HEREBY ORDERED AND DIRECTED 1 REAL ESTATE AT 1204 ITCHELL DR MECHANICSBURG SHALL BE LISTED FOR SALE ON OR BEFORE 7 15 11 2 ALL OTHER ASSETS OF THE ESTATE LOCATED IN THE HOME AND/0 THE RENTAL STORAGE UNITS IN PERRY COUNTY SHALL BE ASSEMBLED AT A SINGLE LOCATION WHERE THEY WILL BE SOLD BY AN AUCTIONEER SUITABLE TO BOTH DOUGLAS CLOUSER AND DEBRA HOUSEMAN IF THE PARTIES CANNOT AGREE TO AUCTIONEER THE COU1~T WILL SELECT ONE 3 AUCTION SHALL BE CONCLUDED ON OR BEFORE 9130/11 4 ON OR BEFORE 9/9/11 THE PARTIES MAY BY MUTUAL AGREEMENT ASSIGN OWNERSHIP OF ANY ASSET (NEXT) 6/27/11 44 (CONY) 5 NEITHER PARTY WILL DISPOSE OF ANY OF THE ASSETS THE AUCTIONEER WILL CONDUCT AN IMMEDIATE INVENTORY OF ALL OF THE ASSETS AND PROVIDE A COPY TO THE COURT ANY PARTY WHO REMOVES OR DISPOSES OF ANY ASSET OTHER THAN THROUGH THE AUCTION WILL BE SUBJECT TO CRIMINAL PROSECUTION 6 ALL PROCEEDS COLLECTED SHALL BE PLACED IN THE ESCROW ACCOUNT OF MICHAEL PALERMO 7 DOUGLAS CLOUSER SHALL PAY FOR THE RENTAL OF STORAGE UNITS IN THE FINAL ACCOUNTING 8 DEBRA HOUSEMAN IS NOT REQUIRED TO PAY $300 RENT PENDING SALE OF HOME RENT DUE AND OWING WILL BE DEDUCTED FROM HER SHARE OF THE FINAL DISTRIBUTION (NEXT) 6/27/11 45 (CONY) DOUGLAS CLOUSER SHALL PROVIDE DEBRA HOUSEMAN WITH COPIES OF ALL FINANCIAL RECORD OF THE ORIGINAL STATE ACCOUNT AND THE NEW ACCOUNT HE CREATED SOLELY IN HIS NAME 102009 OR BEFORE 7/7/11 -BY CAJ COURT M L EBERT JR J COPIES MAILED 6/28/11 12/22/11 46 PETITION TO ENFORCE RENTS SHARE COSTS & SET DEADLINE CAJ 1/03/12 47 ORDER OF COURT DATED 1/312 IN RE PETITION TO ENFORCE RENTS SHARE COSTS & SET DEADLINE I IS HEREBY ORDERED AND DIRECTED THAT 1 A RULE SHALL ISSUE UPON DEBRA HOUSEMAN TO SHOW CAUSE WHEY THE RELIEF REQUESTED SHOULD NOT BE GRANTED 2 DEBRA HOUSEMAN SHALL FILE AN ANSWER ON OR BEFORE JANUARY 20 2012 3 HEARING ARGUMENT ON THE OURTROOMLNOB2 BYLDTHENCOURTEMLDAEB RTCJR2COPIES MAILED001 03/1T2 HMW 1/20/12 48 HMWPONDENTS ANSWER TO PETITIONERS PETITION FOR RELIEF 3/21/12 49 ORDER OF COURT DATED 321/12 IN RE MOTION FOR RELIEF DEBRA HOUSEMANS ANSWER THERE O 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 DR MECHANICSBURG PA BUT MUST VACATE THE PREMISES BY 7/2/12 DEBRA WILL NOT BE REQUIRED TO PAY RENT PRIOR TO VACATING THE PREMISES BUT THE ISSUE OF WHETHER ANY RENT 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 (NEXT) 13432107022012 ORC621 Case No 2009-00204 Cumberland County - Orphans Court Page 6 7/02/2012 /21/12 50 (CONY) AT THE RESIDENCE ARE TO BE AUCTIONED BY EITHER COSTEAS OF CAMP HILL OR ROWES OF CARLISLE IN EITHER EVENT THE CONTRACT WITH AUCTIONEER MUST BE JOINTLY EXECUTED WITHIN 3 WEEKS OF TODAY 4 ITEMS LOCATED IN STORAGE LOCATED IN PERRY COUNTY SHALL BE SOLD BY NEVIN FAHNESTOCK AUCTIONEER NEW BLOOMFIELD THE AGREEMENT MUST ALSO BE EXECUTED WITHIN 3 WEEKS OF TODAY ALL REMAINING ASSETS IF ANY ARE TO BE LIQUIDATED ON OR BEFORE 7/2/12 5 NEITHER PARTY WILL DISPOSE OF ANY OF THE ASSETS ANY PARTY WHO REMOVES OR DISPOSES OF ANY ASSET OTHER THAN THROUGH THE AUCTION WILL BE SUBJECT TO CRIMINAL PROSECUTION 6 ALL PROCEEDS COLLECTED FROM (NEXT) 3/21/12 51 (CONY) THE SALE OF THE HOME AND THE ASSETS SHALL BE PLACED IN THE ESCROW ACCOUNT OF MICHEL PALERMO ESQ 7 DOUGLAS CLOUSER SHALL PAY THE RENTAL OF THE STORAGE UNITS LOCATED IN PERRY COUNTY HE WILL BE GIVEN A CREDIT FOR PAYMENT OF THESE STORAGE UNITS IN THE ESTATES 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 AN THE PARTIES SHALL PROVIDE EACH OTHER WITH SUFFICIENT NOTICE OF ANY SCHEDULED APPOINTS WITH AUCT ON ERS AND CAJLTORS -BY THE COURT M L EBERT JR J COPIES MAILED 3~21~12 6/28/12 52 PETITION FOR EMERGENCY RELIEF CAJ