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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN~~M•~t(~~~'.~VNSYLVANA
ORPHANS' COURT DIVISION ~ .~ ~ ~~ c~~~ t
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IN RE THE ESTATE OF GLADYS M. OWENS, ;J .
Deceased NO. 21-11-125 o
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PETITION OF ROSE M. NEIDIG FOR EVICTION OF TENANT FRt'~M ESTATE REAL
PROPERTY AND FOR ATTORNEY'S FEES
1. On December 13, 2012, this Court convened what was originally intended to be a
hearing with respect to your Petitioner's prior petition for removal of the Executrix.
2. The parties reached an agreement which was articulated into the record and
subsequently reduced to written order by the Honorable Thomas A. Placey, Judge of this
Court. A copy of the Court's Order, dated December 13, 2012 and docketed January 2,
2013 is attached hereto, marked Exhibit A and incorporated herein by reference.
3. During the process of articulation of the settlement into the record, and in the
presence of the Court, the undersigned, on behalf of your Petitioner, stated that it was a
material consideration for the parties that the tenant living in the Decedent's home (207
East Locust Street, Mechanicsburg) be removed from the home.
4. Indirect response to a question from the undersigned, and on the record (although
not literally under oath), the Executrix, Carmella Colban, stated that the tenant had already
moved out of the Decedent's home.
5. In response to that representation, the Court asked the undersigned if the
representation was satisfactory, whereupon the undersigned indicated that it was.
6. Immediately thereafter, the Court stated that the representation was satisfactory to
the Court, also.
7. In fact, the tenant has never moved out of the premises.
in the house at the time of the public sale were not there.
WHEREFORE, your Petitioner, Rose M. Neidig, requests this Honorable Court to
schedule a hearing on the attached Petition and to ultimately order the eviction of the
tenant and reimbursement of your Petitioner's attorney's fees; your Petitioner also requests
any other relief the Court may deem appropriate.
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nthony T. M et , Es
Attorney for etitio er
407 North Fro reet, First Floor
Harrisburg, PA 17101
(717) 238-3686
Supreme Court I.D. # 53729
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VERIFICATION
I, Rose M. Neidig, Petitioner, in the foregoing action, verify that the facts set forth
in the attached document are true and correct to the best of my knowledge, information
and belief. I so state subject to the penalties of 18 Pa. C. S. §4904 (relating to unsworn
falsification to authorities).
JANUARY 21, 2013 '
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Date
Rose M. Neidig, Petitioner