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Home My WebLink About03-11-13 C t ; IN THE COURT OF COMMON PLEAS OF rn CUMBERLAND COUNTY, PENNSYLVANIA rr-- r"e IN RE: ESTATE OF DAVID H. CLOUSER ORPHAN'S COURT , a NO. 21-2009-0204 PETITION FOR CONTEMPT OF COURT AND NOW comes Petitioner, Douglas Clouser, as co-personal representative of the above Estate, by and through his Counsel, Michael O. Palermo, Jr. and files the following Petition for Contempt against co-personal representative of the Estate in the person of Debra Houseman: 1. Your Petitioner is Douglas Clouser as co-personal representative of the Estate of David H. Clouser. 2. Respondent is Debra Houseman, additional co-personal representative and sister of Petitioner. 3. Petitioner and Respondent serve as co-representatives pursuant to the Last Will and Testament of the deceased, their biological father. 4. On March 21, 2012 this Honorable Court entered an Order directing Respondent, Ms. Houseman to vacate the residence at 1204 Mitchell Drive, Mechanicsburg, PA by July 2, 2012'. 5. Since the entry of said Order, Ms. Houseman filed an untimely appeal which was ultimately quashed by the Superior Court on December 5, 20122. 6. As of March 8, 2013, Ms. Houseman still maintains possession and resides in the Estate Property thereby preventing the rehabilitation of the property by the Estate3. i Said Order is attached hereto as Exhibit A. z Superior Court No. 1202 MDA 2012 3 Counsel notes that a Praecipe for Writ of Possession was submitted to the Prothonotary and Clerk of Orphan's Court of Cumberland County. Both were rejected and the Solicitor for both bodies, Kirk Sohanage, Esquire, recommended the above action in order to give effect to the Court's Order of March 21, 2013. 7. Your Petitioner continues to incur legal fees and seeks reimbursement from Respondent for the same in the amount of $350.00. 8. Respondent is willfully and continuously disobeying the March 21, 2012 Order of Court and thus is in contempt of the same. WHEREFORE, your petitioner respectfully requests that this Honorable Court find Respondent in Contempt of Court and direct the following: (1) Respondent to vacate the residence located at 1204 Mitchell Drive, Mechanicsburg, PA within 10 (days) from the date of the Order resulting in a Contempt finding (2) award attorney's fees in an amount not less than $350.00 to undersigned counsel. Respectfully submitted, PALERMO LAW OFFICES -1, Michael O. Palermo, r., E uir 3300 Trindle Road Camp Hill, PA 17011 (717) 635-9591 Supreme Court ID # 93334 Attorney for Petitioner I IN THE COURT OF COMMON PLEAS OF, -1\ ; H t: LOLISER CUMBERLAND COUNTY, PENNSY&AN1A NO 21-09-0204 ORPHANS' COURT, L r ORDER OF COURT AND NOW, v),t, i~, of March, 2012, upon consideration 4Dbuglas ;sol S %,,)r Relief, Debra Houseman's Answer thereto and after IT IS HEREBY ORDERED AND DIRECTED that: D e ra Houseman may continue to stay in the home located at 1204 Mite fieii Drip e. Mechanicsburg. PA but must vacate the premises by July 2, 2012. Debt-a Houseman will not be required to pay rent prior to vacating the premises -'Lit the issue of whether any rent will be owed will be determined after liquidation of the estate. The Parties will engage the services of Beth Williamson, realtor with Jack vaughen 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 th 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 wi Nevin Fahnestock must also be executed within 3 weeks of today's date. All remaining as 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 shalt 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 tS Attorney for Respondent bas IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ESTATE OF DAVID H. CLOUSER ORPHAN'S COURT NO. 21-2009-0204 CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, do hereby certify that I served a copy of the Petition upon the following by depositing the same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: R. Mark Thomas, Esquire Counsel of Record for Debra Houseman 101 S. Market Street Mechanicsburg, PA 17055 Respectfully submitted, Palermo Law Offices ,a, alt'. Michael O. Palermo, Jr., Es W- e 3300 Trindle Road Camp Hill, PA 17011 (717) 635-9591 Supreme Court ID # 93334 3 . 13 Attorney for Petitioner Douglas Clouser Dated: