Loading...
HomeMy WebLinkAbout96-01461 ~.~ ~ : j' . \j .J ~ j '", ....... \\ I IV \": ~ J j . J:l I . , ~ j ; , I :::; .~., )0-, '"" , i ~ '>- L~ t..~ t:.- - " " (~J , ( , 8,~ ..... " l' ) c~ l.j., ("-; . ..1 L:' '," I w..; j' L~_; , L... I;. ,... ;'--; 0 ", ...J "- ~ ~ ~ ~ ryo, .::J- ~ j~ ~ ~ ~ ~.. <xJ 'it.: ~ Ji':- ~ J. . ) ~ 1.0 ., ..... 6; \ .I'~ UJ" ~.~~ C , . - kf .., , ~ -j 0,', <.? ~ 6: tf '. , , ~l ("" '~i .J ..... ,~ ~, ... .,''': L1.. ,... ,) (,; Cf> (J >- cn (-- e,;": ,- : t3: "J , .-f' 0::' ~ .: ~i ., ( ~) .1 , , UJ'- I : E1.!\ = ,"'-. ,. .:_J ~'-: ~ l";" .. t.L oJ, ~-:) u 0' '.J -' 9. Denied. rt is denied that Lavere A. Cook is entitled to the disputed funds as a distributive share of his wife's estate. Lavere A. Cook recelved outright a 1/2 share of the estate of Gloria Adams Cook, the remaining 1/2 of the estate was to be held in legal usufruct by Lavere A. Cook for Linda cook planchard and Larry J. Cook. Lavere A. Cook commingled the cash proceeds of the estate. The disputed funds, when deposited in the joint Alliance account, were an outright gift to Linda Cook Pianchard. In the alternative, the disputed funds were deposited in the joint Alliance account as a means of security for Linda Cook Planchard's share of Gloria Adams Cook's estate subject to the legal usufruct of Lavere A. Cook. 10-11 Paragraphs 10 and 11 are admitted. By way of further answer Lavere A. Cook admitted to Linda Cook Planchard that he married Gladys Lytle on December 25, 1994, with the two exchanging wedding bands. Lavere A. Cook I s marriage terminated the legal usufruct. 12. Conclusion of law to which no response is necessary. By way of further answer, the legal usufruct terminated on December 25, 1994 upon Lavere A. Cook's marriage. Linda Cook Planchard, " 2 through her attorney, James L. Gray, Esquire demanded safe investment of her share of the estate by letter dated July 26, 1995 to Jan M. Wiley, Esquire. 13. Admitted in part, denied in part. It is admitted that the net proceeds of the sale of real estate was $174,682.33, the proceeds from the sale of the 1986 Lincoln was $6,500.00 the checking account balance was $1,283.25, the IRA was $15,665.76, the FNBC (cd) was $2,693.22, FNBC account was $5,129.62. Linda Cook planchard believes and therefore avers that the Metairie Bank account was $418.34, and that personal property sold was $8,415.00. After reasonable investigation, Linda Cook Planchard is without sufficient knowledge or information to form a belief as to the truth of the value of the remaining personal property and whether additional assets exist. 14. Paragraph 14 is admitted. 15. Denied. It is denied that the debts of the separate estate were $9,533.77. Linda Cook Planchard believes and therefore avers that the "debts of the separate estate" were $5,707.50. 16. Denied. It is denied that the total net value of the community as~ets after deducting the community debt is $238,645.00. 3 Excluding the value of the personal property, the net value of the community assets if $205,990.20. a.) A conclusion of law for which no response is required. By way of further answer, one half of $205,990.20 is $102,999.60. b.) A conclusion of law for which no response is required. By way of further answer, Lavere A. Cook's legal usufruct terminated December 25, 1994 wi th his marriage. c.) A conclusion of law for which no response is required. By way of further answer, Lavere A. Cook included a value of personal property of $35,840.00, which is included in the net value of the estate. d.) Conclusion of law for which no response is required. By way of further answer, Lavere A. Cook's legal usufruct terminated with his marriClge to Gladys Lytle on December 25, 1994. 17. Denied. It is denied that the proceeds of the Life Insurance policy were mistakenly paid to the funeral home. Linda Cook Planchard believes and therefore avers that Lavere A. Cook voluntarily Clnd personally turned over the $2,000.00 to the funeral home as partial payment of the funeral costs two days after the futleral. 4 18. Denied. It is denied that the value of the estate assets subject to Lavere A. Cook's usufruct interest is $102,999.60. The cash assets of Linda Cook Planchard's undivided 1/2 share of Gloria Adams Cook's estate is $97,292.10. Linda Cook Planchard is also entitled to an undivided 1/2 share of the personal property. By way of further answer, Lavere A. Cook's usufruct terminated December 25, 1994, upon his mClrriage to Gladys Lytle. 19. Conclusion of law for which no response is required. By way of further answer, Lavere A. Cook made various payments and gifts to Linda Cook planchard not considered a distribution of the estate. Lavere A. Cook's legal usufruct was terminated on December 25, 1994. The non-cash assets have not been appraised. 20. Denied. It is denied that the gross value of Linda Cook Planchard's and Larry J. Cook's interest in the community property is $119,322.50, less the debts of the separate estate of $9,533.37. Linda Cook planchard believes and therefore avers that her undivided 1/2 share of the estate is $97,291.10 in addition to her interest in the value of the personal property. 21. Denied. It is denied that Larry J. Cook and Linda Cook planchard is each entitled to $54,894.37 subject to Lavere A. Cook's usufruct interest. Linda Cook Planchard believes and 5 ~--f therefore avers that her 1/2 share in the cash assets is $48,646.05. Linda Cook Planchard is also entitled to her share of the personal property. Lavere A. Cook's usufruct interest terminated December 25, 1994. 22. Legal conclusion for which no response is required. 23. Denied. Linda Cook Planchard is wi thout sufficient knowledge or information to form a belief as to the truth of this averment. 24. Denied. Linda Cook Planchard is wi thout sufficient knowledge of information to form a belief as the truth of this averment. 25. Denied. Linda Cook Planchard believes and therefore avers that Lavere A. Cook transferred $10,500.00 to Linda Cook Planchard prior to the sale of the martial residence and conversion of the estate to cash, said amount not subject to the legal usufruct. Lavere A. Cook transferred $4,700.00 subsequent to the sale of the martial residence which amount was subject to legal usufruct and reduction to present value. Upon receipt of these payments, Linda Cook Planchard was not aware that such advance pay~ents were subject to present value reduction. Linda Cook 6 39. Denied. Linda Cook Planchard believes and therefore avers that Lavere A. Cook never lived in Mississippi with her, she did not insist she be added to the Alliance account, that Lavere A. Cook added her of his own free will in March 1994, that his intent was to make her a joint owner, that the proceeds in the account were commingled proceeds of the estate and represented a gift by Lavere A. Cook of a portion of his personal estate or in the alternative was a portion of her share of the estate subject, at the time, to the right of usufruct, and the creation of a joint account requiring both parties' signatures, created security for Linda Cook Planchard's portion of the estate. 40. Denied. Linda Cook Planchard believes and therefore avers that the designation of joint tenant was not a error, but consistent with Lavere A. Cook's instructions. Lavere A. Cook never corrected the alleged mistake, and understood that the account required both signatures evidenced by his request to his daughter to authorize redemption. 41. Admitted in part, denied in part. It is admitted that Lavere A. Cook withdrew $25,000.00 from the Alliance account at sometime and a check was issued in joint names. Lavere A. Cook had actual knowledge that both signatures were required for negotiation of. this check. Linda Cook Planchard believed her father would keep 10 her share of the estate secure, safely invested and not dissipate or secret the assets. 42. Denied. Following reasonable investigation, Linda Cook Planchard is without sufficient knowledge or information to form a belief as to the truth of this averment. 43. Denied. Following reasonable investigation, Linda Cook Planchard is without sufficient knowledge or information to form a belief as to the truth of this averment. By way of further answer Linda Cook planchard through her attorney, James L. Gray requested the safe investment of the estate proceeds in a letter to Jan M. Wiley, Esquire dated July 26, 1995. 44. Admitted in part, denied in part. It is admitted that Lavere A. Cook and Gladys Lytle visited Linda Cook Planchard in September 1994. Linda Cook planchard believes and therefore avers that Lavere A. Cook authorized her to sell some of the personal property which she has not done. 45. Admitted in part, denied in part. Linda Cook Planchard admits signing a letter authorizing the closing of the Alliance account. She denies that Lavere A. Cook asked her to sign it. She be~ieves and therefore avers that Lavere A. Cook insisted that she 1 1 further answer, Linda Cook Planchard has requested the posting of a bond for the release of the personal property which Lavere A. Cook has not provided. 50. Admi tted. 51. Denied. Following reasonable investigation, Linda Cook Planchard is without sufficient knowledge or information to form a belief as to what Lavere A. Cook believed or his motivation for forging her name or having her name forged on the Alliance check. By way or further answer, Lavere A. Cook was aware that Linda Cook Planchard's signature was required on a previous check from Alliance. Linda Cook Planchard did not authorize her signature on the check by Lavere A. Cook or anyone else. Linda Cook Planchard did not assert a claim to the funds because she believed her signature was required, barring a forgery. 52. Denied. Linda Cook Planchard asserts a claim to the disputed proceeds as her interest in the estate of her mother or in the alternative by virtue of a gift from her father to her when the account was created as joint tenants. Wherefore, Linda Cook Planchard prays this Honorable Court deny the claim of Lavere A. Cook and enter an order in favor of,~inda Cook Planchard. 13 58. Denied. Linda Cook Planchard is entitled to $33,445.55 plus her share of the personal property, storage fees for the personal property, interest since December 25, 1994 and attorney's fees for this interpleader action arising out of the forgery of Lavere A. Cook or at his direction. 59. Denied. Linda Cook Planchard is entitled to $33,445.55 plus her share of the personal property, storage fees of the personal property, interest since December 25,1994 and attorney's fees for this interpleader action arising out of the forgery of Lavere A. Cook or at his direction. 60. Denied. Linda Cook Planchard is entitled to $33,445.55 plus her share of the personal property, storage fees for the personal property, interest since December 25, 1994 and attorney's fees for this interpleader action arising out of the forgery of Lavere A. Cook or at his direction. 61. Denied. Linda Cook Planchard' s actions have been a lawful exercise of her rights. On the contrary, Lavere A. Cook has forged his daughter's name or caused another to forge his daughter's name, and dissipated and secreted assets of ~he estate of Gloria Adams Cook. '. 15 9. Denied. It is denied that Lavere A. Cook is entitled to the disputed funds as d distributive share of his wife's estate. Lavere A. Cook received outright a 1/2 share of the estate of Gloria Adams Cook, the ramaining 1/2 of the estate was to be held in legal usufruct by Lavere A. Cook for Linda cook Planchard and Larry J. Cook. Lavere A. Cook commin9led the cash proceeds of the estate. The disputed funds, when deposited in the joint Alliance account, were an outright gift to Linda Cook Pianchard. In the alternative, the disputed funds were deposited in the joint Alliance account as a means of security for Linda Cook Planchard's share of Gloria Adams Cook's estate subject to the legal usufruct of Lavere A. Cook. 10-11 Paragraphs 10 and 11 are admitted. By way of further answer Lavere A. Cook admi Ued to Linda Cook Planchard that he married Gladys Lytle on December 25, 1994, with the two exchanging wedding bands. Lavere ^. Cook's marriage terminated the legal usufruct. 12. Conclusion of iaw to which no response is necessary. By way of further answer, the legal usufruct terminated on December 25, 1994 upon Lavere A. Cook's marriage. Linda Cook Planchard, 2 through her attorney, ,Jdrnes L. Gray, f:squire demanded safe lnvestment of her shan, lIf the estate by letter dated July 26, 1995 to Jan M. Wiley, Esquire. 13. Admitted in p..rt, denied in part. It is admitted that the net proceeds of the sdLe of real estate was $174,682.33, the proceeds from the sale, of the 1986 Lincoln was $6,500.00 the checking account balance was $1,283.25, the IRA was $15,665.76, the FNBC (cd) was $2,693.22, FNBC account was $5,129.62. Linda Cook P lanchard bel ieves and there fore avers that the Metairie Bank account was $418.34, and that personal property sold was $8,415.00. After reasonable investigation, Linda Cook Planchard is without sufficient knowledge or information to form a belief as to the truth of the value of the remaining personal property and whether additional assets exist. 14. Paragraph 14 is admitted. 15. Denied. It is denied that the debts of the separate estate were $9,533.77. [,inda Cook Planchard believes and therefore avers that the "debts of the separate estate" were $5,707.50. 16. Denied. [t i" denied that the total net value of the community assets after derlucting the community debt is $238,645.00. 3 Excluding the value of the personal property, the net value of the community assets If $205,990.20. a.) A conclusion of law for which no response is required. By way of further answer, onB half of $205,990.20 is $102,999.60. b.) A conclusion of law for which no response is required. By way of further answer, Lavere A. Cook's legal usufruct termi.nated December 25, 1994 with his marriage. c.) A conclusion of IClW for which no response is required. By way of further answer, Lavere A. Cook included a value of personCll property of $35,840.00, which is included in the net value of the estate. d.) Conclus ion of law for which no response is required. By way of further answer, Lavere A. Cook's legal usufruct terminated with his marriage to Gladys Lytle on December 25, 1994. 17. Denied. It is denied that the proceeds of the Life Insurance policy were mistakenly paid to the funeral home. Linda Cook Planchard believes and therefore avers that Lavere A. Cook vol~ntarily and personally turned over the $2,000.00 to the funeral home as partial payment of the funeral costs two days after the funeral. 4 18. Denied. [t is dunled t.h,lIe t.he value of the est.ate assets subject to Lavere A. Cook's usufruct lntenJst is :!iI02,999.60. 1'he cash assets of Linda Couk "lanch,Hd's undlvlded 1/2 share of Gloria Adams Cook's estate i.s :f,')7,292.IO. Linda Cuok Pl,mchard is also entitled to an undlvided 1/2 share of the personai property. By way of further answer, Lavere A. Cook's usufruct terminated December 25, 1994, upon his marriage to Gladys Lytie. 19. Conclusion of law for which no response is required. By way of further answer, Lavere A. Cook made various payments and gifts to Linda Cook Planchard not consldered a distribution of the estate. Lavere A. Cook's legal usufruct was termlnated on December 25, 1994. The non-cash assets have not been appr.aised. 20. Denied. It is denied that the gross value of Linda Cook Planchard's and Larry J. Cook's interest in the community property is $119,322.50, less the debts of the separate estate of $9,533.37. Linda Cook Planchard believes and therefore avers that her undivided 1/2 share of t.he estate is $97,291.10 i.n addition to her interest in the value of the personal property. 21. Denied. rt is dunled that Larry J. Cook and Linda Cook Planchard is each entitl,,,1 to $5'1,894.37 subject to Lavere A. Cook's usufruct interest. Linda Cook Planchard believes and 5 therefore avers that her 1/2 share in the cash assets is $48.646.05. Linda Cook Planchard is also entitled to her share of the personal property. Lavere A. Cook's usufruct interest terminated December 25, 1994. 22. Legal conclusion for which no response is required. 23. Denied. Linda Cook Planchard is without sufficient knowledge or information to form a belief as to the truth of this averment. 24. Denied. Linda Cook Planchard is without sufficient knowledge of information to form a belief as the truth of this averment. 25. Denied. Linda Cook Planchard believes and therefore avers that Lavere A. Cook transferred $10,500.00 to Linda Cook Planchard prior to the sale of the martial residence and conversion of the estate to cash, said amount not subject to the legal usufruct. Lavere A. Cook transferred $4,700.00 subsequent to the sale of the martial residence which amount was subject to legal usufruct and reduction to present value. Upon receipt of these payments, Linda Cook Planchard was not aware that such advance payments were subject to present value reduction. Linda Cook 6 . , 39. Den ied. Linda Cook P lanchard believes and there fore avers that Lavere A. Cook never lived in Mississippi with her, she did not insist she be added to the Alliance account, that Lavere A. Cook added her of his own free will in March 1994, that his intent was to make her a joint owner, that the proceeds in the account were commingled proceeds of the estate and represented a gift by Lavere A. Cook of a portion of his peI"sonal estate or in the alternative was a portion of her share of the estate subject, at the time, to the right of usufruct, and the creation of a joint account requiring both parties' signatuI"es, created security for Linda Cook Planchard's portion of the estate. 40. Denied. Linda Cook Planchard believes and therefore avers that the designation of joint tenant was not a error, but consistent with Lavere A. Cook's instructions. Lavere A. Cook never corrected the alleged mistake, and understood that the account required both signatures evidenced by his request to his daughter to authorize ledemption. 41. Admitted in part, denied in part. It is admltted that Lavere A. Cook withdrew $25,000.00 from the Alliance account at sometime and a check was issued in joint names. Lavere A. Cook had actual knowledge that both signatures were required for negotiation of this check. Linda Cook planchard believed her father would keep 10 her share of the estate secure, safely invested and not dissipate or secret the assets. 42. Denied. Following reasonable investigation, Linda Cook Planchard is without sufficient knowledge or information to form a belief as to the truth of this averment. 43. Denied. Following reasonable investigation, Linda Cook Planchard is without sufficient knowledge or information to form a belief as to the truth of this averment. By way of further answer Linda Cook planchard through her attorney, James L. Gray requested the safe investment of the estate proceeds in a letter to Jan M. Wiley, Esquire dated July 26, 1995. 44. Admitted in part, denied in part. It is admitted that Lavere A. Cook and Gladys Lytle visited Linda Cook Planchard in September 1994. Linda Cook planchard believes and therefore avers that Lavere A. Cook authorized her to sell some of the personal property which she has not done. 45. Admitted in part, denied in part. Linda Cook Planchard admits signing a letter authorizing the closing of the Alliance account. She denies that Lavere A. Cook asked her to sign it. She believes and therefore avers that Lavere A. Cook insisted that she 1 1 further answer, Linda Cook Planchard has requested the posting of a bond for the release of the personal property which Lavere A. Cook has not provided. 50. Admitted. 51. Denied. Following reasonable investigation, Linda Cook .Planchard is without sufficient knowledge or information to form a belief as to what Lavere A. Cook believed or his motivation for forging her name or having her name forged on the Alliance check. By way or further answer, Lavere A. Cook was aware that Linda Cook Planchard's signature was required on a previous check from Alliance. Linda Cook Planchard did not authorize her signature on the check by Lavere A. Cook or anyone else. Linda Cook Planchard did not assert a claim to the funds because she believed her signature was required, barring a forgery. 52. Denied. Linda Cook Planchard asserts a claim to the disputed proceeds as her interest in the estate of her mother or in the alternative by virtue of a gift from her father to her when the account was created as joint tenants. Wherefore, Linda Cook Planchard prays this Honorable Court deny the claim of Lavere A. Cook and enter an order in favor of Linda Cook Planchard. 13 58. Denied. Linda Cook Planchard is entitled to $33,445.55 plus her share of the personal property, storage fees for the personal property, interest since December 25, 1994 and attorney's fees for this interpleader dction arising out of the forgery of Lavere A. Cook or at hls direction. 59. Denied. Linda Cook Planchard is entitled to $33,445.55 plus her share of the personal property, storage fees of the personal property, interest since December 25, 1994 and attorney's fees for this interpleader action arising out of the forgery of Lavere A. Cook or at his direction. 60. Denied. Linda Cook Planchard is entitled to $33,445.55 plus her share of the personal property, storage fees for the personal property, interest since December 25, 1994 and attorney's fees for this interpleader action arising out of the forgery of Lavere A. Cook or at his direction. 61. Denied. Linda Cook Planchard's actions have been a lawful exercise of her rights. On the contrary, Lavere A. Cook has forged his daughter's name or caused another to forge his daughter's name, and dissipated and secreted assets of the estate of Gloria Adams Cook. 15 PNC BANK, N.A. PlaintiEf IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. v. LAVERE A. COOK, LINDA COOK PLANCHARD, and STATE STREET BANK & TRUST COMPANY, Defendants IN EQUITY INTERPLEADER A V ISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y La notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demand3s en contra de su persona. Sea avisado que si usted no se defiende, La corte tomara medidas y puede entrar una orden contra usted sin previo a'!iso 0 notificacion y por cualquier queja 0 alivio que es pedido en al peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DE~~DA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LEGAL REFERRAL Office of the Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240-6200 NAUMAN, SMITH, SHISSLER AND HALL ./ --) by: a ,\ /;" (' '-- _.' . Ste hen Feinour, Esquire Supreme Court IDU 24580 200 North Third Street P.O. Box 840 Harrisburg, PA 17108 Telephone: 717/236-3010 Counsel forPlaintiEf, PNCBank, N.A. Date: 3/15/96 5. On or about October 11, 1994, Defendant, Lavere A. Cook, presented to PNC for credit to his account check no. 334085 of Alliance Municipal INC Fund, National Portfolio Class 8, drawn on State Street Bank & Trust Company in the amount of $23,753.79 payable to "Lavere A. Cook & Linda Cook, Jt. Ten.", which bore the apparent endorsement of Linda Cook and Lavere A. Cook. 6. The aforesaid check was transmitted by PNC through clearing channels to State Street Bank & Trust Company, from which payment was obtained and the amount thereof was credited to the money market account of Lavere A. Cook at PNC. The current balance of said account is $21,836.36. 7. Defendant, Linda Cook Planchard, has made demand upon Plaintiff, PNC, for the alleged wrongful acceptance and payment of the aforesaid instrument asserting that the endorsement of her name there~n was a forgery by Lavere A. Cook. 8. A true and correct copy of the Alliance check no. 334085 dated October 3, 1994, and the Affidavit of Forgery executed by Linda Cook planchard are attached hereto as Exhibit "A" and made a part hereof. Defendant, Lavere A. Cook, has admitted that he placed the unauthorized endorsement of Linda Cook to the instrument. 9. Defendant, Lavere A. Cook, maintains a money market account (no. 50-8017-5689) at Plaintiff, PNC, on which the Bank has placed an internal hold, and it has set off the funds in said - 2 - . account against the obligation of Lavere A. Cook to it arising out of its wrongful payment to Lavere A. Cook of the aforesaid instrument bearing the forged endorsement of the name of his daughter, Linda Cook (Planchard). 10. Defendants, Lavere A. Cook and Linda Cook Planchard, each claim entitlement to the proceeds from the aforesaid Alliance check and State Street Bank & Trust Company has requested reimbursement for its payment on said check. 11. Lavere A. Cook claims entitlement to the Alliance check funds as his distributive share from the estate of his deceased wife. He contends that the name of Linda Cook was placed on the Alliance account for convenience purposes only. 12. Lavere A. Cook is claiming the funds in the account by virtue of his issuance of check no. 138 payable to Jan M. Wiley, Trust Account, drawn on his money market account. A true and correct copy of said check is attached hereto as Exhibit "B". 13. This Complaint is filed in good faith and not in collusion with any claimant. 14. The interests which Defendants, Lavere A. Cook, Linda Cook Planchard and State Street Bank & Trust Company, claim to the proceeds of the Alliance check are inconsistent and may expose Plaintiff, PNC, to multiple liability if each of Defendants' claims are separately prosecuted. - 3 - ~ r f)' .... ~ - ~"V ..!:J ;J. ~ 'i- :'-. ,., , ,'j OJ ~3 ~ j --I t.U' ~ fl t,' . f:. '~ 1 ~, 0 ~. , n. ......t"f) i:-: ., L_. 1 ~ ~ 1 lj I .J \~ I, br rJ 11 0,.... tJ - ~ < ... ~ >< III ~ 1il "" , ~ ~ ~8 !il' c ~ 1il~ig el e.. !:J ~ u gj ~ ~ :z: ... ... ... .... '" c ,., III -' "" . . < :z: "" ~ <II ~ "" "" z < <II I ~ ~ ~ ~ ~ 11 .J . 1- ~ OJ ~ o ., aJ o J- Iil ~ 2 .I i\j 0 !:: .I Q ., i ." i aJ . =:I I- ~ ~ t In J- ,It J- d ~ · 3 Il ~ Z Q. ! I ei ~ .:I '" gj e.. z ... . > UI ""F;j'" 8 1il ~ ua:'tl ~ e.. c III OJ ... :z: 1il OJ ...e..c .:1< e.. . . III ,.. 8'tl~ u~~ . Cl u :~5i gjU::> :s~~ a: o '" e.. z ... j ~ u , . . . {J PIC BAJIK, N.A., Plaintiff V. . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUM'l'Y, PEJOlSYLVANIA NO. 96-1461 EQUITY TERM . . : . . LAVERE A. COOK, LINDA COOK PLAlICHARD, AND STATB STREET BAJIK , TRUST COMPANY, Defendants . . . . . . IN EQUITY-INTERPLBADER : PRETRIAL IfEIIORANDUM ON BEHALF OF DBFBlfDAHT LIJfDA COOK PLAlICHARD I . Facts This action arose following the forgery of a $23,753.79 check fro. defendant, State street Bank, to "Lavere A. Cook and Linda Cook, Jt.Ten". Lavere A. Cook adJIits that he forged his daughter, Linda Cook (Planchard' s) n_e to the check and deposi ted the proceeds into an account with PlaintiU, PNC Bank. Defendant, Linda Cook Planohard, executed an affidavit of forgery with PIIC Bank and the bank filed this Interpleader action, depositing $21,885.04, which was the reaaining balance of defendant, Lavere A. Cook's account at PNC. Thereafter, upon the threat of criainal prosecution for forgery, Lavere A. Cook, deposited an additional $1,868.75 into court, bringing the balance to $23,753.79. Linda Cook Planchard aaintains that the $23,753.79 is a portion of her inheritance fro. her Mother's estate which was probated in Louisiana in 1993. The total assets of the estate were $190,8Z6.58 of which Mr. Cook received outright $95,413.29 as his aarital share with the right of usufruct (or use) until his aarriaqe or death of the rellainder. The rellainder was to be split by Linda Cook Plancbard and her brother. Mrs. Planchard lIainte.ins that Mr. Cook was invulved in a cOlUlOn law IIarriaqe vi th Gladys Lytle since Oece.tler, 1994. Ms. Lytle is recently deceased. II. Procedural Issues PNC 8anJr. filed Preli.inary Objections which are still outstanctinq. III. Issues a) Whether the Court will entertain testi~ny concerninq all of the procseds concerning Linda Cook Planchard's inhe~itance of ber Mother's estate? b) Whether Lavere A. Cook was in a cOlUlOn law IlCU'riage with Gladys Lytle. c) Liability of Lavere A. Cook concerninq the $<13,753.79. d) Liability of Lavere A. Cook concerninq reasonable expenses and legal fees of Linda Cook Planchard as a result of Lavere A. Cook's forqery. IV. Witnesses a) Linda Cook Planchard b) Lavere A. Cook as if on cross c) Deposition of Lavere A. Cook in an action he initiated in Mississippi. When Linda learned of the foregoing, she challenged the Bank's action in pay ing out the funds 011 what she contended was a "forged endorsement". with the result that the Bank was able to sequester olher funds of Mr. Cook's and pay same into Court, leaving this proceeding to resolve the respective claims of Linda and her father. Mr. Cook has supplemented the amount paid into Court by the Bank with some of his own funds, so that the sum now held by the Prothonotary is equal to the amount of the check which Mr. Cook negotiated as aforesaid. Linda claims she is entitled to the full disputed amount, $23,753.79, as part of her share of her mother's estate; Mr. Cook, on the other hand, contends that the funds are entirely his to manage as he wishes at this time, but, in the alternative, the most which Linda would be entitled to rec.eive as her remaining share in the'-'usufruct portion of the estate would be $3,475.08. 2) Facts as to Damages: Please see Paragraph I), above. 3) Principal Issues: a. Liability: (i) Does Linda Planchard have any present right in the proceeds of the joint "convenience" account? (ii) Did Mr. Cook have any duty to transfer ownership of the funds, or any part thereto, to Linda Cook, either at the time the account was opened, or at any laler time? (iii) Were not the funds placed in the joint account entirely subject to the exclusive ownership, possession and control of Mr. Cook, in that such funds were being held 2 b. A letter written by Mr. Cook lO Linda Planchard referring to "a wedding", ostensibly involving him and the late Gladys Lytle, should not create a presu;nption that a common law marriage had been consummated. c. Should not an amdavit executed by Gladys Lytle as to the non-existence of any matrimonial relationship between her and Mr. Cook, executed Rt a time when she was physically unable to submit to deposition, be received into evidence and accorded such weight as the Chancellor deems appropriate? d. The foregoing, and other legal issues which may arise, will be briefed for the Chancellor prior to hearing. 5) Witnesses: a. Lavere Cook b. Larry Cook c. Scott Lytle d. Expert witness on law of Louisiana usufruct interests. if deemed necessary by the Court. e. Linda Planchard. as on cross. f. Right to supplement this list prior to hearing is requested. 6) Exhibits: a. Grace Lytle affidavit. b. Disbursement check for disputed account. c. Signature card and other documents of depository bank. 4 ~. The Defendant, Lavere A. cook, claims entitlement to the disputed funds, now held by the Prothonotary, as part of his distributive share of the estate of his deceased wife, Gloria Adams Cook, who died a resident of Louisiana, intestate, on May 8, 1993. 3. Movant has retained legal counsel in the State of Louisiana to institute a law suit concerning the "succession proceedings" (estate proceedings) which have been opened in Louisiana in order to establish his right to possession of the disputed estate proceeds. This law suit will also provide the necessary legal authority to support the refiling of an action in replevin by Lavere A. Cook against Linda Cook Planchard in the State of Mississippi for the return of possession of Movant's personal property which is being wrongfully withheld from him. A previous replevin action was brought in Mississippi and then withdrawn without prejUdice because of the unresolved issues of Louisiana law which would influence the determinaeion of the Mississippi court. 4. The Additional Matter Claim and Counter Claim filed against Movant by Defendant Linda Cook Planchard incorrectly define Louisiana's law of" usufruct" as a life estate with regard to th~ legal rights and duties of the party owning the usufruct interest (Lavere A. Cook) and the legal and equitable interests of the parties takinq subject to the usufruct interest (Linda Cook Planchard and Larry J. Cook). 5. Movant is infor1lled and believes that his usufruct interest qrants to him greater riqhts and authority over that portion of the estate subject to the usufruct th3n is averred to by the Defendant, Linda Cook Planchardj specifically, Movant is infor1lled and believes he is entitled to full use of the property subject to the usufruct and has no duty, fiduciary or otherwise, to preserve that portion of the estate which is subject to his usufruct interest. 6. The interest of Larry J. Cook, the son of the Movant and the decedent, in the disputed Alliance check proceeds and the estate which is subject to Movant's usufruct, is equal to Linda Cook Planchard's interest and makes Larry J. Cook an indispensable party to this interpleader action. 7. Larry J. Cook, a resident of Louisiana, is not subject to the jurisdiction of this Court or any other court of the Commonwealth of Pennsylvania. 8. Movant believes that pursuant to Rule 1032, Pa. R. C. P., the Defendant Linda Cook Planchard's Additional Matter Claim and Counter Claim against Movant should be dismissed for lack of jurisdiction over Larry J. Cook, an indispensable party; because of the imminent filing of an action in Louisiana regarding this matter; the unique nature or Louisiana law regarding the distribution or an intestate estate and the applicable law of usufructj the desirability or having this matter resolved in the Louisiana courts since it involves the proper distribution of a Louisiana estatej and the need of Lavere A. Cook to file a replevin action in Mississippi against Linda Cook Planchard for the return of personal property subject to the usufruct once the Louisiana courts have ruled on the proper distribution of the estate of Gloria Adams Cook. 9. Movant bAlieves that should the Court not dismiss these claims, then an extension of time for the filing of an Answer to the aforementioned Additional Matter Claim and Counter Claim is necessary and appropriate because or the complex factual matter of this case regarding the partial distribution of estate proceeds, the unique nature of Louisiana law regarding the distribution of an intestate estate and the applicable law of usufruct, the imminent filing of an action in Louisiana involving all interested parties to this matter which action may resolve the dispute herein, and the subsequent refiling of a replevin action in Mississippi concerning the disposition of other property of the estate. WHEREFORE, Defendant Lavere A. Cook, by his counsel respectfully requests that this Honorable court issue to the Plaintiff, PNC Bank, N. A.j Defendant, Linda Cook Planchardj and .. ~. The Oetendant, Lavere A. Cook, claims entitlement to the disputod tunds, now held by the Prothonotary, as part ot his distributive share ot the estate ot his deceased wite, Gloria Adams Cook, who died a resident ot Louisiana, intestate, on May 8, 1993. 3. Movant has retained legal counsel in the State ot Louisiana to institute a law suit concerning the "succession proceedings" (estate proceedings) which have been opened in Louisiana in order to establish his right to possession oZ the disputed estate proceeds. This law suit will also provide the necessary legal authority to support the retiling of an action in replevin by Lavere A. Cook against Linda Cook Planchard in the State ot Mississippi for the return ot possession of Movant's personal property which is being wrongfully withheld trom him. A previous replevin action was brought in Mississippi and then withdrawn without prejUdice because of the unresolved issues of Louisiana law which would influence the determination of the Mississippi court. 4. The Additional Matter Claim and Counter Claim filed against Movant by Defendant Linda Cook Planchard incorrectly define Louisiana's law ot" usufruct" as a life estate with regard to the legal rights and duties ot the party owning the usutruct interest (Lavere A. Cook) and the legal and equitable interests ot the parties taking subject to the usufruct interest (Linda Cook Planchard and Larry J. Cook). 5. Movant is informed and believes that his usufruct interest grants to him greater rights and authority over that portion of the estate subject to the usufruct than is averred to by the Detendant, Linda Cook Planchardi specifically, Movant is informed and believes he is entitled to full use ot the property subject to the usutruct and has no duty, tiduciary or othe.~ise, to preserve that portion ot the estate which is subject to his usutruct interest. 6. The interest ot Larry J. Cook, the son ot the Movant and the decedent, in the disputed Alliance check proceeds and the estate which is subject to Movant's usutruct, is equal to Linda Cook Planchard's interest and makes Larry J. Cook an indispensable party to this interpleader action. 7. Larry J. Cook, a resident ot Louisiana, is not subject to the jurisdiction ot this Court or any other court ot the Commonwealth of Pennsylvania. 8. Movant believes that pursuant to Rule 1032, Pa. R. C. P., the Defendant Linda Cook Planchard's Additional Matter Claim and Counter Claim against Movant should be dismissed for lack ot jurisdiction over Larry J. Cook, an indispensable partYi because of the imminent filing of an action in Louisiana regarding this matter; the unique nature of Louisiana law regarding the distribution of an intestate estate and the applicable law of usufruct; the desirability of having this matter resolved in the Louisiana courts since it involves the proper distribution of a Louisiana estate; and the need of Lavere A. Cook to file a replevin action in Mississippi against Linda Cook Planchard for the return of personal property subject to the usufruct once the Louisiana courts have ruled on the proper distribution of the estate of Gloria Adams Cook. 9. Movant believes that should the Court not dismiss these claims, then an extension of time for the filing of an Answer to the aforementioned Additional Matter Claim and Counter Claim is necessary and appropriate because of the complex factual matter of this case regarding the partial distribution of estate proceeds, the unique nature of Louisiana law regarding the distribution ot an intestate estate and the applicable law ot usufruct, the imminent filing ot an action in Louisiana inVOlving all interested parties to this matter which action may resolve the dispute herein, and the subsequent refiling of a replevin action in Mississippi concerning the disposition of other property at the estate. WHEREFORE, Defendant Lavere A. Cook, by his counsel respectfully requests that this Honorable court issue to the Plaintiff, PNC Bank, N. A.; Defendant, Linda Cook Planchard; and PNC BANK, N.A., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 96-1461 Equity Term LAVERE A. COOK, LINDA COOK PLANCHARD, and STATE STREET BANK' TRUST COMPANY, IN EQUITY INTERPLEADER Defendants DEFENDANT, LAVERE A. COOK, MOTION FOR EXTENSION OF TIME TO FILE STATEMENT OF CLAIM To the Honorable Judges of Said Court: Defendant, Lavere A. Cook, by and through his attorney, Jan M. Wiley, Esquire moves this Court to grant him as extension of time to file a Statement of Claim for the reasons herein stated: 1. This matter involves a dispute between a father, Movant herein, and his daughter, the defendant Linda Cook Planchard, over certain proceeds arising out of the distribution of an intestate estate, as a result of which this action of interpleader has commenced. 2. The Defendant, Lavere A. Cook, claims entitlement to the disputed funds, now held by the Prothonotary, as part of his distributive share of the estate of his deceased wife, -, Gloria Adams Cook, who died a resident of Louisiana, intestate, on May 8, 1993. 3. Movant has retained legal counsel in the State of Louisiana to institute a law suit in the "successive proceedings" (estate proceedings) which have been opened in Louisiana in order to es~ablish his right to possession of the disputed estate proceeds. 4. Movant believes that an extension of time for the filing of his statement ot Claim is necessary and appropriate because of the complex factual matter of this case; the imminent filing of an action in Louisiana regarding this matter; the unique nature of Louisiana law regarding the distribution of an intestate estate and the applicable law of usufruct; and the desirability of having this matter resolved in the Louisiana courts since it involves the proper distribution of a Louisiana estate and also involves another heir of the said decedent, one Larry J. cook, son of the Movant and decedent, who is a resident of Louisiana but is not a party to this action nor subject to the jurisdiction of this Court. WHEREFORE, Defendant Lavere A. Cook, by his counsel respectfully requests that this Honorable court issue to the Plaintiff, PNC Bank, N. A.; Defendant, Linda Cook Planchard; and Defendant, State Street Bank' Trust Company; a Rule to Show Cause, if any they have, why the time for the filing of Movant's statement ~ -.ll"i " .~ 00'" ~ l' , I ~ . ( , . . .,1 ~ l f ~ --_.- en :.:E-t < 8 ~ . ~ ~ '" ~ ~ "">t Cl) UE-t>t E-t <en:ij zz E-t ~jJ~! . ~8 <>t 0: < O~"" Z +J HE-tXUl H..... >t ~ '"" ~<O.... < 1- 80 :ij:lE-t~ Z"" E-tUc l>: Z otl ~. :;. > l:l'H~ ..... .en III ~'tl0 ra.::i! . E-t a 2 ;a oD~ ~~::I~ :.:'.... en :':'tlen'tl ClCH 0 OC::IC l>:1llE-t O~ >t....~"" ZC > ~.g~~ 0: en", 0: <Ill 011I0:011 o ~ ~ ~ j~ J t~ z..z~ al.... U E-t"" Cl) ::I~ Z....HE-t "" eO" ..,a 0 ~ I Z () ~<~Q 0::1 """, H Z <0: UU '" Po. ~<:.: ~ ~ra. o::r:z . ~U< ..... :=0 0 :ij~ E-t Z <...:I Z ...:I"" H , , APR 1 ~ 1996J,', 2. The Defendant, Lavere A. Cook, claims entitlement to the disputed funds, now held by the Prothonotary, as part of his distributive share of the estate of his deceased wife, Gloria Adams Cook, who died a resident of Louisiana, intestate, on May 8, 1993. 3. Movant has retained legal counsel in the state of Louisiana to institute a law suit concerning the "succession proceedings" (estate proceedings) which have been opened in Louisiana in order to establish his right to possession of the disputed estate proceeds. This law suit will also provide the necessary legal authority to support the refiling of an action in replevin by Lavere A. Cook against Linda Cook Planchard in the state of Mississippi for the return of possession of Movant's per.sonal property which is being wrongfully withheld from him. A previous replevin action was brought in Mississippi and then withdrawn without prejudice because of the unresolved issues of Louisiana law which would influence the determination of the Mississippi court. 4. The Additional Matter Claim and Counter Claim filed against Movant by Defendant Linda Cook Planchard incorrectly def ine Louisiana's law of" usufruct" as a life estate with regard to the legal rights and duties of the party owning the usufruct interest (Lavere A. Cook) and the legal and equitable interests of the parties taking subject to the usufruct interest (Linda Cook Planchard and Larry J. Cook). 5. Movant is informed and believes that his usufruct interest grants to him greater rights and authority over that portion of the estate subject to the usufruct than is averred to by the Defendant, Linda Cook Planchardi specifically, Movant is informed and believes he is entitled to full use of the property sUbject to the usufruct and has no duty, fiduciary or otherwise, to preserve that portion of the estate which is subject to his usufruct interest. 6. The interest of Larry J. Cook, the son of the Movant and the decedent, in the disputed Alliance check proceeds and the estate which is subject to Movant's usufruct, is equal to Linda Cook Planchard's interest and makes Larry J. Cook an indispensable party to this interpleader action. 7. Larry J. Cook, a resident of Louisiana, is not subject to the jurisdiction of this Court or any other court of the Commonwealth of Pennsylvania. 8. Movant believes that pursuant to Rule 1032, Pa. R. C. P., the Defendant Linda Cook Planchard's Additional Matter Claim and Counter Claim against Movant should be dismissed for lack of jurisdiction over Larry J. Cook, an indispensable partYi because of the imminent filing of an action in Louisiana regarding this matter; the unique nature of Louisiana law regarding the distribution of an intestate estate and the applicable law of usufruct; the desirability of having this matter resolved in the Louisiana courts since it involves the proper distribution of a Louisiana estate; and the need of Lavere A. Cook to file a replevin action in Mississippi against Linda Cook Planchard for the return of personal property subject to the usufruct once the Louisiana courts have ruled on the proper distribution of the estate of Gloria Adams Cook. 9. Movant believes that should the Court not dismiss these claims, then an extension of time for the filing of an Answer to the aforementioned Additional Matter Claim and Counter Claim is necessary and appropriate because of the complex factual matter of this case regarding the partial distribution of estate proceeds, the unique nature of Louisiana law regarding the distribution of an intestate estate and the applicable law of usufruct, the imminent filing of an action in Louisiana involving all interested parties to this matter which action may resolve the dispute herein, and the subsequent refiling of a replevin action in Mississippi concerning the disposition of other property of the estate. WHEREFORE, Defendant Lavere A. Cook, by his counsel respectfully requests that this Honorable court issue to the Plaintiff, PNC Bank, N. A.; Defendant, Linda Cook Planchard; and #1>. I J '.' '~ .., '<' ~ ~ "\.. .....~ -:,...... 1:; financial accounts in th~ names of Lavere A. Cook and Linda Cook (Pldnchardl as Joint tenants. The subject of this rnterpieader are the ~JI"oceeds of a forged check closing one such joint account. Accotding to the complaint filed by plaintiff PNC Bank, Lavere A. Cook has admitted that Linda Cook Planchard's signature on the check was a forgery. 2. Denied. Defendant Linda Cook Planchard is unaware of and has no knowledge of Lavere A. Cook's basis of claim and strict proof thereof is demanded. 3. Denied. Defendant Linda Cook Planchard has to date not received any notice of the opening of estate proceedings in Louisiana and strict proof thereof is demanded. By way of further answer, Lavere A. Cook previously instituted an Action in Replevin in the Circuit Court of Pearl River County, state of Mississippi against Linda Cook Planchard for certain personal property of the estate. Said complaint was fiied by Laven! A. Cook on July 27, 1995. Following discovery, and on motion of Lavere A. Cook, the action was dismissed on January 26, 1996. 4. Denied. Defendant, Lavere A. Cook's statement that an extension of time is necessary and appropriate is in the nature of legal argument for which no response is required. By way of further answer, defendant, Lavere A. Cook has plead inconsistent ',,' M Fr.lnl \lIl1mf''1.a'LoIW : I i.."onlin SI,"' <;11111' 102 '1"'" l.A 11XlO6 1~1)41 ..'~tQ86 TWENTY-FOURTH JUDICIAL DISTRICT COURT FOR THE PARISH OF JEFFERSON STATE OF LOUISIANA NO. l1Ci-8:JJ] '';D " DIVISION ." S!! d,DOCl<ET: ,.. w .., c~ ~ ~~ fT1 ~- c> fl ..-. .., c::> ,.., >J ,gy.Clk. rT1 (') o ::JJ o ,. , THE SUCCESSION OF GLORIA ADAMS Ul COO,~ ,1 '\1 , ,. 'FILED: , , -< . , I. l ~" JUDGMENT OF POSSESSION ..;: ...... Considering the verified petition for pdSS ssion and the entire record of this proceeding, satisfactory proof having been presented to the Court that there is no necessity for an administration and that there are no inheritance taxes due the State of Louisiana by the heirs, the law and evidence entitling petitioners to the rellef they seek, and for additional reasons orally assigned: IT IS ORDERED, ADJUDGED AND DECREED that an administration of this succession be dispensed with. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Lavere .,..... A. Cook is recognized as the surviving spouse in community of the t2eceased, Gloria Adams Cook, and as such, is the owner of an undivided one-half (1/2) of all of the property belonging to the community of acquets and gains which existed between him and the deceased, together with the legal usufruct of the deceased's undivided one-half (1/2) of the community, which usufruct shall last for the remainder of his life or until his remarriage. The property belonging to the community of acquets and gains includes the following property, to-wit: ONE CERTAIN LOT OF GROUND, together with all the buildings and improvements thereon and all the rights, ways, privileges, servitudes, appurtenances and advantages thereunto belonging or in anywise appertaining, situated in the Parish of Jefferson, State of Louisiana, in the city of Kenner, forming a portion of Sections 34 and 35 in Townshi!J 11 South, Range 9 East, and a portion of sections 2 and J in TownShip 12 South, Range 9 East, in that part thereof known as WOODLAKE SUBDIVISION, SECTION I, as shown on a plan of subdivision prepared by J. J. Krebs & Sons, Inc., dated December 4, 1972, approved by the Mayor and Board of Aldermen of the city of Kenner, on December 28, 1972, as Ordinance No. 1473, recorded in COB 730, folio 716, Jefferson pariSh, and according to survey by J. J. Krebs & Sons, dated March 10, 1977, and resurveyed April 7, 1977, a copy of which is annexed to another act passed I before Allain C. Andry, III, Notary, on September 13, 1977, for ! reference, tho:> sa td property is designated as LOT 1, SQUARE F / !,i bounded by McKinley, Glacier, Guadalupe and Verde Streets, and Lot, 1 forms the corner of Guadalupe and McKinley Streets, and measures 80.41 feet front on McKinley Street, with a width in the rear of 80 1.11 M Franz \lll".rnt"'l.ll UW ~ I Conlin Sfrftt c;OIIt' t02 qq,. lA 1CO)b ,<;041 "~5-tq8b feet, by a depth and front on Guadalupe Street of 148.81 feet, and with a depth of 140.73 feet on the opposite side llne. , Improvements thereon bear the Munlcipal Numbe~ 82 McKinley Street. RESTRICTIONS: The above described property ls subject to the restrictive covenants and conditions as contained in a~ Act passed before Rob-art P. Chatelaln, Notary Public, dated May 22, 1973, registered in COB 790, folio 461; and as amended before Rader Jackson, Notary Public, dated May 12, 1975, registered in COB 835, .folio 213; and as further amended before Rader Jackson, Notary Public, on November 23, 1975, registered in COB 850, folio 45; and as stiil further amended betore Rader Jackson, Notary public, on December 30, 1975, registered in COB 852, folio 385; and this reference to those restrictive covenants is not to be considered as renewlng or recreating them in any manner whatsoever. RIGHT OF WAY: The above described property is subject to a right of way in favor of Louisiana Power and Light company, registered in COB 798, folio 688. SERVITUDE: The above-described property is subject to a servitude in favor of the 4th Jefferson Drainage District created by an Act passed bedore Wegmann, Notary Public, dated February 1, 1961, registered in COB 528, folio 500. Being furth~r subject to a serv itude mea sur ing five (5') feet across the rear of the property and five (5') feet along the entire Guadalupe Street side line per plan of resubdlvision. A CERTAIN LOT OF GROUND, together with all the improvements thereon, and all rights, ways, privileges, servitudes, appurtenances and advantages thereunto belonging or in anywise appertaining, situated in the Parish of st. Ch,ules, State of Louisiana, being designated as SQUARE 41, IBERVILLE SECTION, of the LAKELAND GARDENS SUBDIVISION, being located In section 80, T 12 S, R 9 E, of the Southeast District of Louisiana, East of the Mississippi River, measuring approximately 240 feet by 360 feet. Checking Account, First Nat'l Bank of Commerce, in names of L. A. or Gloria A. Cook 1986 Lincoln VIN lLNBP96F8G~72090J 1980 Chevy Luv truck Miscellaneous household furnishings and personal belongings IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Linda Cook QuiCk and Larry J. Cook are recognized as the children and I I sole heirs of the deceased, Gloria Adams Cook, and as such, I I i I I !I ,I I I are entitled to be placed in possession, in equal undivided shares, of all of the p~operty belonging to the succession of the deceased, including but not limlted to the deceased's undivided one-half (1/2) interest in the community property set forth above, in naked, i ownership and subject to the usufruct over said community property I !I ;1 il ,I I :1 in favor of their father, Lavere A. Cook. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that any banks, savings institutions, homesteads, credit unions, or other !inane ia 1 institutions, and all persons, firms or corporations admitted its wrongful act in Paragraph 9 of its Complaint for Interpleader. 13. Plaintiff, PNC Bank, failed to exercise reasonable commercial standards in accepting the forged instrument without the proper identification or signature of Linda Cook. 14. As joint payee on the check, claimant, Linda Cook Planchard, has a right tn the $21,836.36 deposited in the Prothonotary's office of Cumberland County, which represents the remaining proceeds of the $23,753.79. 15. As a result of plaintiff, PNC Bank's negligence, defendant, claimant, Linda Cook Planchard has incurred substantial expenses and legal fees. WHEREFORE, defendant, claimant, Linda Cook Planchard prays this Honorable Court: (a) enter an Order directing the Prothonotary transfer $21,836.36 to Linda Cook Planchard. (b) enter an Order directing plaintiff, PNC Bank, to pay reasonable interest calculated 4 , 57. Defendant, Lavere A. Cook is liable to defendant, claimant, Linda Cook Planchard for $1,917.43. 58. Defendant, Lavere A. Cook is liable to claimant, Linda Cook planchard for a total of representing her share of her Mother's estate. defendant, $32,506.65, 59. Defendant, Lavere A. Cook is Uable to defendant, claimant, Linda Cook Planchard and her brother, Larry J. Cook, for the undivided 1/2 share of their Mother's estate, $95,413.29 less any offset. 60. Defendant, claimant, Linda Cook Planchard has incurred substantial expenses and legal fees as a result of defendant, Lavere A. Cook's unlawful actions. WHEREFORE, defendant, claimant Linda Cook Planchard, prays this Honorable Court: (a) to order defendant, Lavere A. disclose the location of all other proceeds. (b) enter a judgment against Lavere A. Cook in the amount of $1,917.43 In favor of Linda Cook to estate I 5 defendant, claimant, Linda Cook Planchard, has incurred various expenses to recover the money including legal fees. WHEREFORE, defendant, claimant, Linda Cook Planchard, prays this Honorable Court: (a) enter judgment against plaintiff in defendant, claimant's favor in the amount 0f $1,917.43. (bl enter an Order against plaintiff in defendant, claimant's favor directing PNC Bank to reimburse defendant, claimant for reasonable expenses and legal fees. (c I such other Order equitable. the Court deems COUNT II I LINDA COOK PLANCHARD V. STATE STREET BANK AND TRUST COMPANY 69. Paragraphs 1-68 are incorporated herein by reference as if fully set forth herein. 70. Defendant, State Street Bank, the drawer bank, owed a duty to defendant, claimant, Linda Cook Planchard, as joint payee of the $23,753.79 check. 18 oJ '.1 M, Fr.lnl \ltomry .. Law :': 1 Conlin Stl"ftl ~uih! 102 ,'lm i.. 1.1\ 70006 !.!104) 4~S.tOM TWENTY-FOURTH JUDICIAL DISTRICT COURT FOR THE PARISH OF JEFFERSON ' STATE OF LOUISIANA NO.l1q - 8:;1} DIVISION '.. S!! d,DOCKET: ,.W .., Ce- r: ~~ rT1 ~- 0 fl ..-. .., c> n ','J ,gy.Clk. '" (') o ::" a ';P" ,. ;J In COOI~ ,..., -" Ie: I, , , -< . , , \ ~'1 , . " l.D ..;: ..-. ssion and the THE SUCCESSION OF GLORIA ADAMS FILED: JUDGMENT OF POSSESSION , . considering the verified petition for pdSS entire record of this proceeding, satisfactory proof having been presented to the Court that there is no necessity for an administration and that there are no inheritance taxes due the State of Louisiana by the heirs, the law and evidence entitling petitioners to the relief they seek, and for additional reasons orally assigned: IT IS ORDERED, ADJUDGED AND DECREED that an administration of this succession be dispensed with. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Lavere .,..... A. Cook is recognized as the surviving spouse in community of the decelllsed, Gloria Adams Cook, and as such, is the owner of an undivided one-half (1/2) of all of the property belonging to the community of acquets and gains which existed between him and the deceased, together with the legal usufruct of the deceased's undivided one-half (1/2) of the community, which usufruct shall last for the remainder of his life or until his remarriage. The property belonging to the community of acquets and gains includes the fOllowing property, to-wit: ONE CERTAIN LOT OF GROUND, together with all the buildings and improvements thereon and all the rights, ways, privileges, servitudes, appurtenances and advantages thereunto belonging or in anywise appertaining, situated in the Parish of Jefferson, State of Louisiana, in the city of Kenner, forming a portion of Sections 34 and 35 in Township 11 south, Range 9 East, and a portion of Sections 2 and 3 in Township 12 South, Range 9 East, in that part thereof known as WOODLAKE SUBDIVISION, SECTION 1, as shown on a plan of subdivision prepared by J. J. Krebs & Sons, Inc., dated December 4, 1972, approved by the Mayor and Board of Aldermen of the city of Kenner, on December 28, 1972, as ordinance No. 1473, recorded in COB 730, folio 716, Jefferson PariSh, and according to survey by J. J. Krebs & Sons, dated March 10, 1977, and resurveyed April 7, 1977, a copy of which is annexed to another act passed before Allain C. Andry, III, Notary, on September 13, 1977, for I reference, the> said property is designated as LOT 1, SQUARE F, bounded by McKinley, Glacier, Guadalupe and Verde streets, and Lot I 1 forms the corner of Guadalupe and McKinley streets, and measures I 80.41 feet front on McKinley street, with a width in the rear of 80 .' '., M. Ff3nz \It"m~ .II Law 21 Cnnlln 5'rft' Suitt tOl "',hi., LA 70006 1~1 4.5,.to86 feet, by a depth and front on Cuadalupe street of 148.81 feet, and with a depth of 140.73 feet on the opposite side line. Improvements thereon bear the Municipal Number 82 McKinley street. RESTRICTIONS: The above described property is subject to the restrictive covenants and conditions as contained in an Act passed before Robert P. Chatelain, Notary pUblic, dated May 22, 1973, registerlld in COB 790, follo 461; and as ilImended betore Rader Jackson, Notary Public, dated May 12, 1975, registered in COB 835, folio 213; and as further amended before Rader Jackson, Notary PUblic, on November 23, 1975, registered in COB 850, folio 45; and as still further amended before Rader Jackson, Notary Public, on December 30, 1975, registered in COB 852, follo 385; and this reference to those restrictive covenants is not to be considered as renewing or recreating them in any manner whatsoever. RIGHT OF WAY: The above described property is subject to a right of way in favor of Louisiana Power and Light company, registered in COB 798, folio 688. SERVITUDE: The abov~-described property is subject to a servitude in favor of the 4th Jefferson Drainage District created by an Act passed bedore Wegmann, Notary public, dated February 1, 1961, registered in COB 528, folio 500. Being further subject to a servitude measuring five (5') feet across the rear of the property and five (5') feet along the entire Guadalupe Street side line per plan of resubdivision. A CERTAIN LOT OF GROUND, together with all the improvements thereon, and all rights, ways, privileges, set'vitudes, appurtenances and advantages thereunto belonging or in anywise appertaining, situated in the Parish of st. Charles, State of Louisiana, being designated as SQUARE 41, IBERVILLE SECTION, of the LAKELAND GARDENS SUBDIVISION, being located in section 80, T 12 S, R 9 E, of the Southeast Dist,rict of Louisiana, East of the Mississippi River, measuring approximately 240 feet by 360 feet. Checking Account, First Nat'l Bank of Commerce, in names of L. A. or Gloria A. Cook 1986 Lincoln VIN 1LNBP96F8GY720903 1980 Chevy Luv truck Miscellaneous household furnishings and personal belongings IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Linda Cook Quick and Larry J. Cook are recognized as the children and sole heirs of the deceased, Gloria Adams Cook, and as such, are entitled to be placed in possession, in equal undivided shares, of all of the property belonging to the succession of the deceased, inclUding but not limited to the deceased's undivided one-half (1/2) interest in the community property set forth above, in naked ownership and subject to the usufruct over said community property in favor of their father, Lavere A. Cook. IT IS FURTHER ORDERED, ADJUDGED MID DECREED that any banks, savings institutions, homesteads, credit unions, or other :1 financial I' 'I i institutions, and all persons, firms or corporations financial accounts in the names of Lavere A. Cook and Linda Cook (Plancharc:) as joint tenants. The subject of this rnterpleader are the proceeds of a forged check c los ing one such jo int account. According to the complaint filed by plaintiff PNC Bank, Lavete A. Cook has admitted that Llnda Cook PLanchard's signature on the check was a forgery. 2. Denied. Defendant Linda Cook Planchard is unaware of and has no knowledge of Lavere A. Cook's basis of claim and strict proof thereof is demanded. 3. Denied. Defendant Linda Cook Planchard has to date not received any notice of the opening of estate proceedings in Louisiana and strict proof thereof is demanded. By way of further answer, Lavere A. Cook previously instituted an Action in Replevin in the Circuit Court of Pearl River County, state of Mississippi against Linda Cook Planchard for certain personal property of the estate. Said complaint was filed by Lavere A. Cook on July 27, 1995. Following discovery, and on motion of Lavere A. Cook, the action was dismissed on January 26, 1996. 4. Denied. Defendant, Lavere A. Cook's statement that an extension of time is necessary and appropriate is in the nature of legal argument for which no response is required. By way of further answer, defendant, Lavere A. Cook has plead inconsistent ',11 M Franl \llompY" t..lw :'1 ('onlln SI,"f "lult 102 "1'1"" I.A 100)6 "',HI 4~~.IQS6 TWENTY-FOURTH JUDICIAL DISTRICT COURT FOR THE PARISH OF JEFFERSON STATE OF LOUISIANA NO. +14' - 8;;1} ';t>" '. \ ~ <.ODOCKET: 1- ",. w '"Y1 ! 0 C- r u> ~c ~ COOl( :;.!: ,.. l~l 0 '--ll'" P'C;; 1'1 (t (>0) , ..... ".J ,gy.Clk. rT1 '" L> :u Cl DIVISION THE SUCCESSION OF GLORIA ADAMS . FILED: I' to, JUDGMENT or POSSESSION Considering the verified petition for , t.O Pdss~ss~n and the entire record of this proceeding, satisfactory proof h4ving been presented to the Court that there is no necessity for an administration and that there are no inheritance taxes due the State of Louisiana by the heirs, the law and evidence entitling petitioners to the relief they seek, and for additional reasons orally assigned: IT ORDERED, ADJUDGED AND DECREED that an IS administration of this succession be dispensed with. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Lavere I A. Cook is recognized as the surviving spouse in community of t:-r ; \ , deceased, Gloria Adams Cook, and as such, is the owner of an f undivided one-halt (1/2) of all of the property belonging to the I community of acquets and gains which existed between him and the deceased, together with the legal usufruct of the deceased's undivided one-halt (1/2) of the community, which usufruct shall last for the remainder at his life or until his remarriage. The property belonging to the community of acquets and gains includes the following property, to-wit: I i ONE CERTAIN LOT OF GROUND, together with all the buildings and I improvements thereon and all the rights, ways, privileges, servitudes, appurtenances and advantages thereunto belonging or in I anywise appertaining, situated in the Parish of Jefferson, State of I Louisiana, in the City of Kenner, forming a portion of Sections 34 and 35 in Township 11 South, Range 9 East, and a portion of I I Sections 2 and J in Township 12 South, Range 9 East, in that part \' thereof known as WOODLAKE SUBDIVISION, SECTION I, as shown on a plan of SUbdivision prepared by J. J. Krebs r. Sons, Inc., dated December 4, 1972, approved by the Mayor and Board of Aldermen of \ the city of Kenner, on December 28, 1972, as Ordinance No. 1473, i recorded in COB 730, folio 716, Jefferson pariSh, and according to I survey by J. J. Krebs r. Sons, dated March 10, 1977, and resurveyed April 7, 1977, a copy of which is annexed to another act passed before Allain C. Andry, III, Notary, on September 13, 1977, for reference, th.:> sa id property is designated as LOT 1, SQUARE F, bounded by McKinley, Glacier, Guadalupe and Verde streets, and Lot 1 forms the corner of Guadalupe and McKinley Streets, and measures 80.41 feet front on MCKinley Street, with a width in the rear of 80 '.11 M FrdnZ \lh'rnl"V.lI yw 21 Conlin SIl"f'tl ~ull. 102 !.IIn.. LA 1OCX)6 '~lHI "5~lq86 feet, by a depth and front on Guadalupe street of 148.81 feet, and with a depth of 140.73 feet on the opposite side line. Improvements thereon bear the Municipal Number 82 McKinley street. RESTRICTIONS: The above descr ibed property is subject to the restrictive covenants und conditions as contained in an Act passed; before Robert P. Chatelain, Notary Public, dated May 22, 197'3, , registered in COB 790, fo11o 461; and as amended before Rader Jackson, Notary Public, dated May 12, 1975, registered in COB S35, .folio 213; and as further amended before Rader Jackson, Notary pUblic, on November 23; 1975, registered in COB 850, folio 45; and ~s still further amended before Rader Jackson, Notary Public, on December 30, 1975, registered in COB 852, folio 385; and this reference to those restrictive covenants is not to be considered as renewing or recreating them in any manner whatsoever. RIGHT OF WAY: The above described property is subject to a right of way in favor of Louisiana power and Light company, registered in COB 798, folio 6S8. SERVITUDE: The above-described property is 9ubject to a servitude in favor of the 4th Jefferson Drainage District created by an Act passed bedore ~egmann, Notary public, dated February 1, 1961, registered in COB 528, folio 500. Being further subject to a servitude measuring five (5') feet across the rear of the property and five (5') feet along the entire Guadalupe Street side line per plan of resubdlvision. A CERTAIN LOT OF GROUND, together with all the improvements thereon, and all rights, ways, privileges, servitudes, appurtenances and advantages thereunto belonging or in anywise appertaining, situated in the Parish of st. Charles, state of Louisiana, being designated as SQUARE 41, IBERVILLE SECTION, of the LAKELAND GARDENS SUBDIVISION, being located in Section 80, T 12 S, R 9 E, of the Southeast District of Louisiana, East of the Mississippi River, measuring approximately 240 feet by 360 feet. 1986 Lincoln VIN 1LNDP96FBGY72090'3 1980 Chevy Luv truck Miscellaneous household furnishings and personal belongings IT I S FURTHER ORDERED, ADJUDGED AND DECREED that Linda Cook Quick and Larry J. Cook are recognized as the children and sole heirs of the deceased, Gloria Adams Cook, and as such, are entitled to be placed in possession, in equal undivided shares, of all of the property belonging to the succession of the deceased, I including but not. limited to thr> dr>cr>.,,,,ed',, undivided ono:>-h;llf (1/2) i.nterest in the community propl!rty set forth above, in naked ! ownership and subject to the usufruct over said community property I II .; " i! i! banks, :1 \1 II II I in favor of their father, Lavere A. Cook. IT r S FURTHER ORDERED, ADJUDGED AND DECREED that any savings institutions, homesteads, credit unlons, or other ! financial institutions, and all persons, firms or corpora t ions funds in money market account no. 50-8017-5689 in the name of Defendant, Lavere A. Cook, into the account of the Cumberland County Prothonotary and interpleading Defendants. Lavere A. Cook, Linda Cook planchard and State Street Bank and Trust Company and di~ecting each of said Defendants to file a Statement of Claim to the aforesaid funds. 3. By Order entered March 25, 1996, this Honorable Court granted plaintif f' s Complaint for Interpleader and interpleaded Defendants, Lavere A. Cook, Linda Cook Planchard and State Street Bank and Trust Company, with the direction that each of said Defendants file a Statement of Claim to the aforesaid funds within twenty days of service of the Order. 4. On or about April 16, 1996, Defendant, Linda Cook Planchard, filed her Statement of Claim to the interpleaded funds which included a claim against PNC for "reasonable interest. . ., reasonable expenses and attorneys fees" and also asserted under the heading of "Counterclaim" a claim against Plaintiff, PNC, for the alleged loss in the amount of $1,917.43 which she claims to have incurred as the result of the acceptance for deposit to the account of Defendant, Lavere A. Cook, check number 334085, of Alliance Municipal Income Fund, National Portfolio Class B, drawn on State Street Bank and Trust Company in the amount of $23,753.79, payable - 2 - Cook and Linda Cook Planchard over entitlement to certain proceeds arising out of check no. 334085 of Alliance Municipal Inc. Fund. National Portfolio Class B. drawn on State Street Bank and Trust Company in the amount of $23,753.79 payable to "Lavere A. Cook & Linda Cook, Jt. Ten.", bearing the apparent endorsement of Lavere A. Cook and Linda Cook and which had been presented to PNC Bank for credit to the account of Lavere A. Cook. 7. Plaintiff, PNC Bank, placed an internal hold on Claimant's money marke~ account (no. 50-8017-5689) and set off the remaining funds in said account in the amount of $21,855.04 against the disputed payment of the aforesaid Alliance check no. 334085 to the Claimant, Lavere A. Cook. 8. On March 25, 1996 the Honorable Edgar B. Bailey Issued an Order granting Plaintiff's request for interpleader and directing Plaintiff to deposit to the account of the Prothonotary of Cumberland County the offset funds to which Plaintiff complied by depositing $21,885.04 of Lavere A. Cook's funds with the Prothonoatary. 9. The Claimant herein, Lavere A. Cook, claims entitlement to the disputed funds as part of his distributive share of the estate of his deceased wife. Gloria Adams Cook, who died a resident of Louisiana. intestate, on May 8, 1993. 10. Pursuant to the Judgment of Possession (No. 449-827) filed June 10, 1993 in the Twenty-Fourth Judicial District Court For The Parish Of Jefferson, State of Louisiana, Division "0" for The Succession of Gloria Adams Cook, it was ordered, adjudged and decreed that Claimant, Lavere A. Cook, was "recognized as the surviving spouse in community of the deceased, Gloria Adams Cook, and as such, Is the owner of an undivided one-half (1/2) of all the property belonging to the community of acquets and gains which existed between him and the deceased, together with the legal usufruct of the deceased's undivided one-half (1/2) of the community, which usufruct shall last for the remainder of his life or until his remarriage". A copy of the Judgment of Possession Is attached hereto and incorporated herein by reference as Exhibit A. 11. The Judgment of Possession also recognized that Larry J. Cook and Linda Cook Planchard, as the oniy children of the deceased, have a legal Interest in an undivided one-half (1/2) interest in the community property of the deceased subject to Claimant's right of usufruct which shall exist for the remainder of his life or until his remarriage. 12. The Claimant's legal usufruct interest entitles him to the unfettered possession, control over and enjoyment of the subjected property unless and until either the usufruct interest terminates or Larry J. Cook or Linda Cook Planchard make proper demand upon him for either safe investment or the posting of a surety bond. 13. The community of assets comprising the estate consisted primarily of the marital residence (house and real estate). a 1986 Lincoln automobile, bank accounts and other personal property acquired during the marriage which property had a total value of approximately $247.435.32 as set forth in Exhibit B which is attached hereto and incorporated herein by reference. The Defendant, Lavere A. Cook, has requested First National Bank of Commerce. New Orleans, Louisiana. to produce records of all accounts held by himself or his deceased wife as of the date on her death. If said inquiry produces proof of additional accounts then those account balances may need to be added to the estate for valuation purposes. 14. The "community debts" of the estate equal approximately $8,790.32 as more fully set forth in Exhibit B. 15. The "debts of the separate estate" equal $9,533.77 as more fully set forth in Exhibit B. 16. The total net value of the community assets after deducting the total "community debt" is $238,645.00 in which the Claimant has the following legal interests pursuant to the aforementioned Judgment of Possession: a. Outright and sole ownership and possession of 1/2 of the cash assets of the estate ($202,805.001 equalling $102.402.50. b. A legal usufruct interest in the remaining 1/2 of the cash assets of the estate authorizing him full possession and control over the cash assets until such time as his usufruct Interest terminates or a proper demand for safe investment or the posting of a surety bond is made by the other heirs. c. An undivided 1/2 ownership interest in all of the remaining non, cash assets of the estate. d. A legal usufruct interest in the remaining 1/2 undivided ownership Interest in the non-cash assets of the estate shared by his children, which usufruct interest authorizes full possession and control over those assets until such time as his usufruct interest terminates. 17. Claimant was also the named beneficiary under a life insurance policy insuring Gloria Adams Cook's life for $2,000, the proceeds of which were mistakenly paid by the Insurance company directly to the funeral home on behalf of the estate. Claimant is entitled to a reimbursement from the estate of $2,000. 18. The value of the estate assets subject to Claimant's usufruct interest is $119,322.50. 19. The Claimant, Lavere A. Cook, is the sole legal owner of $103.402.50 (representing a 1/2 interest in the cash assets of the estate plus the , -, .. ' reimbursed insurance policy proceeds); has an undivided 1/2 ownership interest in the non-cash assets of the estate; has a legal usufruct interest in the remaining cash assets ($101.402,50) and has a legal usufruct interest in the remaining undivided 1/2 interest in the non-cash assets. The non-cash assets of the estate have an approximate value of $35.840 (unappraisedl. 20. The combined gross value of the childrens', Larry J. Cook and Linda Cook Planchard, interest in the community property Is $119,322,50; however, from that amount the "debts of the separate estate" are deducted ($9,533.37) leaving a combined net value of $109,788.73 as set forth in Exhibit C which is attached hereto and incorporated herein by reference. 21. Each child, Larry J. Cook and Linda Cook Planchard, was entitled to a share in the estate equal to $54,894.37 subject to the Claimant's usufruct interest. 22. The 1993 present value of each of their shares if taken free and clear of the Claimant's usufruct interest is $30.610.03 as shown on Exhibit C. This was determined by reducing their gross share by the present value of the Claimant's usufruct interest using a present valuation factor of .407037 as established by the Louisiana Department of Revenue and Taxation for determining inheritance and estate taxes. 23. The Claimant has transferred to Larry J. Cook. as an advance to his share of the estate, the cash sum of $14,000 and certain personal property with an estimated value of $700 for a total of $14,700. See Exhibit 0 which is attached hereto and incorporated herein by reference. 24. Larry J. Cook's remaining share in the estate is equal to $40,194.37 subject to Claimant's right of usufruct and further subject to a proportionate present value reduction because of early distribution of a portion of his estate interest. 25. The Claimant has transferred to the Defendant, Linda Cook Planchard, as an advance to her share of the estate, the cash sum of $26,680.24 and certain personal property with an estimated value of $150, and she has retained $765 in proceeds from the sale of a portion of the estate property for a total of $27,595.24 as shown in Exhibit D. 26. Linda Cook Planchard's remaining share in the estate is equal to $27,299.13 subject to Claimant's right of usufruct and further subject to a proportionate present value reduction because of early distribution of a portion of her estate interest. 27. The aforementioned transfers to Larry J. Cook and Linda Planchard Cook were made during the period of time from June 1993 through August 1994 and, as such, are a partial distribution of their respective estate interests free and clear of Claimant's usufruct interest. 28. These early distributions decrease the present value of the estate shares of Larry .J. Cook and Linda Cook Planchard and have a corresponding increase in the present value of Lavere A, Cook's share in the estate. 29. The approximate value of Linda Cook Planchard's original interest in the estate was $54.894,37 subject to Claimant's usufruct interest. The 1993 present value of Claimant's usufruct with respect to Linda Cook Planchard's interest was $24,284.34. Therefore, the present value of Mrs. Planchard's interest if taken in 1993 tree and clear of the usufruct interest was $30,610.03. From June 1993 through August 1994, Lavere A. Cook distributed to her cash and non-cash estate assats valued at $27,595.24 which were taken free and clear of his usufruct interest. This early distribution of her interest in the estate equals 90.15% of her 1993 present value estate interest ($30.610.03). Linda Cook Planchard is now entitled only to 9.85% of her original estate interest which equals $5,407.10. See Exhibit E which is attached hereto and incorporated herein by reference. 30. The approximate value of Larry J. Cook's original interest in the estate was $54,894.37 subject to Claimant's usufruct interest. The 1993 present value of Claimant's usufruct interest with respect to Larry J. Cook's interest was $24,284.34. The value of Larry Cook's interest if taken in 1993 without the usufruct was $30,610.03. From June 1993 through August 1994, Lavere A. Cook distributed to him cash and non-cash estate assets valued at $14,750 which were taken free and clear of the usufruct. This early distribution of his interest in the estate equals 48.02% of Larry Cook's 1993 present value estate interest ($30,610.03). Larry Cook is now entitled to only 51.98% of hi$ original estate interest which equals $28.534.09 as set forth in Exhibit E. 31. Following the death of his wife. the Claimant sold the marital residence, the 1986 Lincoln automobile and a portion of the remaining personal property and deposited the proceeds into an account with First National Bank of Commerce. New Orleans, Louisiana. 32. Following the sale of the marital residence on July 30, 1993, Claimant moved in with his daughter, Linda Cook Planchard, and her husband and maintained his residence with them until April 11, 1994. Claimant paid rent and contributed to their general household and living expenses. 33. While living with his daughter. Linda Cook Planchard, Claimant advanced to her cash funds from her share of the estate for the purpose of building a barn on her property in Mississippi. Claimant also advanced to her other cash funds tram her share of the estate. The total amount ot cash advances to her was $26.680.24. None of these advances were gifts. 34. Claimant temporarily moved all of the personal propertY of the estate (which had been acquired during his marriage to Gloria Adams Cook and having an unappraised, estimated value of $35,840) into the newly built barn located on his daughter's propertY, Claimant subsequently transferred approximately $750 worth of this property to Larry J, Cook and approximately $150 worth of this property to Linda Cook Planchard. 35. While living with his daughter and at her insistence, Claimant added the Defendant, Linda Cook Planchard, to the aforementioned First National Bank of Commerce account for "convenience", thereby authorizing her to sign checks on the account in the event of ' an emergency arising out of his death or disability. 36. The Defendant, Linda Cook Planchard, was not a joint owner of the account nor was adding her name to the account intended by the Claimant, Lavere A. Cook, to be a gift to her of any of the funds in that account nor was it an early distribution of her estate interest. all of which she has previously admitted. 37. On or about July 30, 1993, the Claimant transferred $100,000 from said account to First Commerce Investment Services, Inc. for the purpose of investing $100,000 In the aforementioned Alliance Municipal Inc. Fund. 38. On or about November 17, 1993, the Claimant authorized the sale of $50,000 worth of Alliance fund shares and has made various prudent investments of said monies. 39. On or about March 2, 1994, at the insistence of Linda Cook Planchard and being just before Claimant. Lavere A. Cook, moved from Planchard's Mississippi residence into the home of Claimant's friend, Gladys Lytle of Harrisburg, Pennsylvania, Claimant instructed a representative of First Commerce Investment Services to add Linda Cook Planchard's name to the aforementioned Alliance Municipal Inc. Fund. The Claimant's Intent was to add her to the account for "convenience" authorizing her to use the funds in the event of his death or disability in the same manner as intended for the First National Bank of Commerce account. This was done by Claimant because of the many long trips he was taking during that period of time. The Claimant neither intended to make her a joint owner nor did he intend to make a gift to her of any of the funds or shares in the mutual fund account nor was it intended to be an early distribution of her share of the estate. 40. A representative of First Commerce Investment Services, erroneously and without authorization, added the name of Linda Cook Planchard to the; Alliance account as a "jt. ten." 41. On or about July 22. 1994, Claimant withdrew an additional $25,000 from the Alliance fund with the proceeds check being issued to both Claimant and his daughter, Linda Cook Planchard, to which she endorsed her name and made no claim to the funds nor did she demand any surety be posted. Said proceeds were used by Claimant In the purchase of his current residence located in Mechanicsburg, Pennsylvania. 42. Claimant has also used cash assets derived from the estate to purchase an IRA in the amount of $15.665.76 on or about August 2, 1993; to purChase a truck In the amount of $11,600 on or about November 26, 1993; and approximately $16,943.99 for moving, general living and health care expenses, travel, etc. 43. Claimant's total cash expenditures equal approximately $146,209.75 all of which were proper as they came out of his sole ownership interest in the estate or his legal usufruct interest in the remaining cash assets of the estate, and no demand had been made for safe investment by either Larry J. Cook or Linda Cook Planchard. 44. In September, 1994 Claimant and Gladys Lytle visited with the Defendant, Linda Cook Planchard, at her residence In Mississippi for the purpose of moving some of the aforementioned personal property from storage to his Pennsylvania residence. It was Claimant's intent that the remaining property remain in storage pending a future determination of what to do with it. 45. On September 28, 1994, Claimant asked Linda Cook Planchard to sign a letter authorizing the closing of the Alliance Fund account and requesting a redemption of the remaining funds in the account. Linda Cook Plane hard signed the request; however, she did not assert any claim to the funds nor did she request any safe Investment of the funds nor did she request the posting of any surety. 46. On September 29, 1994, Claimant was told to leave the residence of Linda Cook Planchard and was further told not to come back unless it was without his friend, Gladys Lytle. 47. Claimant was told he could remove only a portion of the personal property stored in the barn although Claimant had full ownership of one-half of the property and a right of possession and use by right of his legal usufruct Interest for the other one-half of the property. 48. Claimant moved approximately $7,230 worth of the personal property from the barn to his Pennsylvania residence. 49. Approximately $27,760 worth of personal property remains in the possession of the Defendant, Linda Cook Planchard, despite demands for possession by the Claimant pursuant to his ownership and usufruct interests in the property entitling him to full possession, control and enjoyment of the property. LAVERE A. COOK'S ADDITIONAL MATTER CLAIM AGAINST DEFENDANT. LINDA COOK PLAN CHARD 53. Lavere A. Cook's Statement of Claim, including Paragraphs 1 - 52 and all Exhibits thereto. is incorporated herein by reference as if fully set forth herein. 54. The Judgment of Possession (No.449-827) granted Lavere A. Cook an ownership interest and a legal usufruct interest in the remaining non-cash assets of the estate of Gloria Adams Cook which property was acquired during their marriage. 55. The Defendant. Linda Cook Planchard, wrongfully and fraudulently possesses said property at the residence in Mississippi and refuses to return the property to her father, Lavere A. Cook despite repeated demands. See Exhibit F attached hereto and incorporated herein by reference for a listing of said property. 56. Lavere A. Cook filed a Complaint in Replevin against Linda Cook Planchard in the Circuit Court of Pearl River County, Mississippi (Civil Action No. 95 - 0216) on July 27,1995 seeking possession of the aforesaid property based upon his legal interests as set forth above. An Order of Voluntary Dismissal (without prejudice) was granted to Lavere A. Cook on January 26, 1996 until the such time as an appropriate Louisiana Court determined what property comprised the estate of Gloria Adams Cook. No such determination has been made. 57. Lavere A. Cook is entitled to possession and control over said property pursuant to his rights and interests in the estate of Gloria Adams Cook as determined by the aforesaid Judgment of Possession. 58. The value of Linda Cook Planchard's original interest in the estate was $54,894.37 subject to Mr. Cook's legal usufruct interest. The 1993 present value of Mr. Cook's usufruct with respect to Linda Cook Planchard's interest was $24,284.34. Theef\lre, the present value of Mrs. Planchard's interest if taken in 1993 free and clear of the usufruct interest was $30,610.03. From June 1993 through August 1994, Lavere A. Cook distributed to her cash and non-cash estate assets valued at $27,595.24 which were taken free and clear of his usufruct interest. This early distribution of her interest in the estate equals 90.15% of her 1993 present value estate interest ($30,610.03). Linda Cook Planchard is now entitled only to 9.85% of her original estate interest which equals $5,407.10. 59. The present value of Linda Cook Planchard's interest ($5,407.10), free and clear of Mr. Cook's usufruct interest (based on his current age of 721. is only $3,475.08. '011 M franl \I~,,~ H (IMI. ".... ",. lot <<1111'" LA 1000t t~1 "'.1'" , I I EXHIBIT A I I TWENTV-'OURTH JUDICIAL DISTRICT COURT 'OR THE PARISH 0' JEP'ERSON ! STATE 0' LOUISIANA NO. +!CI-8.;J.'7 ':;P" DIVISION \!! wDOCK!'!': ,. c..> .... tl~2 ;:: - on - '" p~ .... ~ .., ~py.Clk. on <> <D '" " '" ... " ., '" COO,lI r.. " 'f: ,. -I ".. ., '. ~ i~: THE SUCCESSION 0' GLORIA ADAMS rILED. ~YQgHIU~f-ZOaglltlOH -" ..... Con.id.rlng the v.rlfl.d p.tltlon for po.. ..ion .nd the .ntlre record of this proceeding, utlsfactory proof h.',lng bun pr...nt.d to the Court that th.r. Is no n.c...lty for an .d..inlstratlon and th.t there .re no Inheritanc. tax.. due the Stat. of Louisiana by the heirs, the law and evldenc. entitling p.tltlon.rs to the rell.f they seek, and for additional rea.ons or.lly ..slgned: IT IS ORDERED, ADJUDGED AND DECREED that .n .dmlnlstratlon of this succession be dispensed with. IT IS PURTHER ORDERED, ADJUDGED AND DECREED that Lav.~ A. Cook Is recogni2ed as the surviving spouse in community of the d.c....d, Gloria Ad.... Cook, .nd as such, Is the own.r of .n undivid.d on.-half 11/2) of all of the prop.rty belonging to the co....unlty of acqu.t. and gain. which .xlst.d betw..n hi.. .nd the dee.a..d, together with the legal usutruct ot the d.e....d's undivid.d one-half (1/2) of the community, which usufruct sh.lI l..t for the r.malnder of his Ilf. or until his r.marri.ge. Th. prop.rty b.longlng to the community at acquete and gain. Inoludes the following prop.rty, to-wit: ONE CEIl'I'AIN LOT 0' GROUND, together with all the buildings .nd improvem.nts ther.on and all the rights, ways, privileges, .ervitude., appurtenances and advantagGs thereunto belonging or in anywise appertalninq, .ituated in the Parish ot Jetterson, State or Louisl.na, in the City at Kenner, forming. portion of Sections 34 .nd J5 In Township 11 South. R.nge 9 East, and . portion of Sections 2 and 3 in TOlllnship 12 South, Range 9 East, 1n that part th.reof known as WOODLAKE SUBDIVISION, SECTION I, as shown on . plan of .ubdivlslon prepared by J. J. Kreb. , Sons, Inc.. dated December 4, 1972, approved by the Mayor and Board of Aldermen or the City or Kenner, on Oecember 28, 1912, as Ordinance tlo. 1473, recQrded 1n COB 730, tollo 716, Jerterson Parish, and accordlnq to survey by J. J. Krebs' Sons, dated March 10, 1977, and resurveyed April 7, 1977, a copy or which is annexed to another act passed betore Allain C. Andry, III, notary, on September ll, 1977, tor reterence, th~ said property is designated as LOT 1, SQUARE F, bounded by McKLnley, Glacier, Guadalupe and Verde Streets, and Lot 1 forms the corner ot Guadalupe and MCKinley Streets, and measure, 80.4i feet front on McKinley Street, with a width In the re.r of 80 '.11 M, F,.nl \1~"L.- 11 Conll" StrMt St.... loa -'.1'''. LA 1'lXlOI I~J4".I'" re.t, by a depth ~nd tront on Guadalupe street ot 148.81 r.et, and with a depth ot 140.73 teet on the opposite elde lIne. Improve.ents thereon b.~r the Municipal Number 91 McKinley Street. RESTRICTIONS: The above described property Ie eubject to the restrictive covenanta and cond1t1ons as contained in an Act pa..ed betore Rollert P. Ch.telaln, Notary Public, dated IIay U. 1973, regiatered 1n COB 790, tolio 461; and as amended betor. Rader Jackson, Notary Public, dated May ll. 191~, registered 1n COB .]~, tol io 21] 1 and a. furthftr amended betore Rader Jack.on. Notary PUblic, on November 23, 1975, registered in COB 850, tollo 45; and .. still turther amended betore Rader Jackson, Notary PUblic, on December 31), L97~, reyistlllr"d 1n COB 8'~, tolio 3851 and this reterenae to those restrictive covenants is not to be considered as renewing or recreating them in any manner whatsoever. RIGHT or WAY: The .bove descrlb.d property Is subject to a right of wey In favor ot Louisiana Power and Light company, registered in COB 198, tollo 688. SERVITUDE: Th. .bov.-d.scrlb.d propertr I. subject to . servitude In t.vor ot the 4th J.tt.rson Dralnag. 0 strict cre.t.d bV an Aat passed bllldor~ Wegmann, Notary Public, dated February 1, 1961, r.gl.t.r.d In COB 528, tollo 500. aelng tureher eubj.ct to II ..rv i tUd" meBsur Lng t i ve (5') teet across the rear or the property and tive (~') teet aiong the entlre Guadalupe street side Une per plan ot resubdlvlslon. A CERTAIN LOT OF GROUtlD, togeth.r with all the Improv.ment. thereon, and all rights, ways, priv11eges, s.rvitudes, appurtenances and advantages thereunto belong Lng or 1n any..,i.e appertaining. sltuat.d In the Parish ot St. Chari.", Stat. ot Louisiana, being designated as SQUARE 4\, IBERVILLE SECTION, ot the LAKELAND GARDEtlS SUBDIVISION. belnq loc.t.d In S.ctlon 80, T 12 S, R 9 E, ot the Southeast District ot Louisiana, East ot the IIlssl.slppl Rlv.r, measuring appro.lmat.ly 240 t..t by 360 teet. Checking Account, First Uat'l Bank ot Commerce, in namas of L. A. or Gloria A. Cook 1986 Lincoln VIN 1~NBP96F8GY72090J 1980 Ch.vy Luv truck IIlsc.llan.ous hous.hold turnlshlngs .nd p.rsonal b.longlngs IT IS FURTIIER ORDERED, ADJUDGED ArID DECREED that Linda Cook Quick and Larry J. Cook are r.cognlz.d as the children and sole heirs ot the deceased, Gloria Adams Cook, and 4S auch, are entitled to be placed in possession, in equal undivided shares, ot .11 or the property b.longlng to the succ.s.lon ot the d.c....d, Including but not limited to the d.ceas.d's undlvld.d on.-halt (1/2) Inter.st In the community prop.rty s.t torth abov., In nak.d own.rshlp and subj.ct to the usutruct ov.r s.ld community prop.rty 1n tavor ot their father, Lavere A. Cook. IT IS FURTHER ORDERED. ADJUDGED AND DECREED that any I banks, savings institutions, homesteads, credIt unions, or other I I II !I financial institutions, and all persons, t lr:ms or corporations EXHIBIT B I. COMMUNITY ASSETS 1, Real estate: $174.682,33 (Net amount from settlement on 1130/93 after payment of all settlement charges; includes $2.275.00 for sale of personal property,) 2. First National Bank of Commerce: $ 1.283.25 (FNBC checking account '2028-73293) 3. 1986 Lincoln automobile: $ 6.500.00 4. Persorlal property sold: $ 5.265.00 5. Remaining personal property: $ 35.840.00 (Estimate. not appraised) 6. IRA $ 15.665.76 7. Metairie Bank: $ 376.14 (checking account 12739372) 8. FNBC (cd): $ 2.693.22 9. FNBC: $ 5.129.62 Total community assets: $247.435.32 II. COMMUNITY DEBT 1. Misc. debt: $ 9,290.32 (Various unsecured loans. credit card charges. household bills.atc.1 a. Less credit card refunds: (500.00) $ 8.790.32 Total community debt: III. DEBTS OF SEPARATE ESTATE 1. 2. 3. 4. Funeral expenses: Attorney's fees: Court costs: Crypt expenses: $ 7.305.50 $ 1.245.00 $ 190.50 $ 792.77 Total debts of separate estate: $ 9.533.77 EXHllllI..E PERSONAL PROPERTY IN POSSESSION OF LINDA COOK PLANCHARDI Necklace, gold chain 18" long x 1/4" wide x 1/8" thick Dinner ring 1/2" diameter white diamonds outside & blue inside Seiko Ladies watch (gold) Diamond ring white gold with three rows of diamonds Silverware in case Silver set on tray, coffee pot, etc. Set of red crystal (glasses only) Jewelry case Large metal box 18" x 30" X 14" containing Lavere A. Cook's 1992 & previous years' income taxes, real estate, legal papers & bank statements & cancelled checks (prior to May 8, 1993) Navy retirement tray Avondale retirement Elephant with ivory look Candelabra, gold finish with lights Two stiffel swag lamps Chinese chest only 7 dolls Sofa - 3 cushion Two - wing chair Console TV Lazy Boy leather reclining chair Fireplace screen Bar glasses and mix books Carton of photos Vase on dresser Two arm chairs from dining room Two sets of dishes; misc. pots & pans; silverware Breakfast chandelier Lace doilies only in master bedroom Black & Decker work-mate One framed picture with light-hand painted antique One set of china in credenza China and crystal in china cabinet Six Royal Dalton figurines 4 ladies 2 him & her selling balloons Liardo's figurine (only 1) Clock (battery pink & blue) Longview Antebellum picture, fancy gold leaf frame Best Friends picture not framed (only 1) patty Banister Christmas village (ceramic houses, etc.) Five standing dolls Tea set (world's fair) Rice bedroom set (triple dresser/mirror, two night stands, stool) Brass deer i~ ~ .~ 1'.- f".. . ~": : I / ~ ~ '.: C..;, . -.... --- r-' :. (j .: . , , ' f? " I L:",' , i ;, r ' ....~ . I l_": t, ~J .: l_ I ;-) '.J . ~I ;I~ ~I '" O~ ~~ . ~I~J Ij~~~l ~ ~~ . ~..... ~ .~~ z:~ ~ <; ..., > ~ e Ilo~ o~ ~~ ~~ >0 ~ ~~ ig~~ . ~ ~ Co ~r ~... ~~ "'::: ~..~ ~ :s~1 .~~ !:a < ~ ~ ~ 2 <H....1 ~ ....1~ ;~ ...... ~ &l . .. #I . " . vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 96-1461 EaUITY TERM PNC BANK, N.A., Plaintiff LAVERE A. COOK, LINDA COOKPLANCHARD, AND STATE STREET BANK & TRUST COMPANY, Defendants IN EaUITY INTERPLEADER NEW MATTER DEFENDANT LAVERE A. COOK'S RESPONSE TO CLAIM ASSERTED AGAINST HIM BY DEFENDANT LINDA COOK PLANCHARD 1. Paragraphs 1 - 5 are admitted. 2. Paragraph 6 is denied. On or about March 2, 1994, at the Insistence of Linda Cook Plane hard and being just before moving from her Mississippi residence into the home of his friend, Gladys Lytle of Harrisburg, Pennsylvania, Lavere A. Cook instructed a representative of First Commerce Investment Services to add Linda Cook Planchard's name to the aforementioned Alliance Municipal Inc. Fund. Lavere A. Cook's intent was to add his daughter to the account for "convenience" authorizing her to use the funds in the event of an emergency arising out of his death or disability. Linda Cook Planchard had been previously added to the First National Bank of Commerce account for the same reason, which account was later closed. Mr. Cook took this action because of the many long trips he was taking during that period of time. Mr. Cook neither intended to make her a joint owner nor did he intend to make a gift to her of any of the funds or shares in the mutual fund account. A representative of First Commerce Investment Services, erroneously and without authorization, added the name of Linda Cook Planchard to the AIIi,mce Fund account as a "jt. ten." 3. Paragraphs 7 - 9 are admitted; however, the correct PNC Bank account number referred to in paragraph 9 is 50-8017-5689. 1 i i , I 4. Paragraph 10 is denied. Lavere A. Cook has admitted that he wrote his daughter's name on the check but denies he committed forgery as the funds were legally his and, at the time of redemption, Linda Cook Planchard asserted no claim to the funds. Furthermore, she had participated in a previous redemption of Alliance Fund proceeds at which time she acknowledged that the funds belonged to her father. Also, there was no injury to any party nor were the rights of any party prejudiced. 5. Paragraphs 11 is denied. Linda Cook Planchard had no ownership interest in the funds and her name was on the account merely for convenience in the event of Mr. Cook's death or disability. A previous redemption of funds from that account had occurred while Mr. Cook was living with his daughter which funds were delivered to Mr. Cook by her without any claim by her of ownership. 6. Paragraph 12 is denied. PNC Bank did not commit any wrongful act nor did it breach any duty to Linda Cook Planchard as no duty was owed to her. The Instrument proceeds were the sole and lawful property of Lavere A. Cook who did not commit forgery by merely writing her name on the instrument and depositing the funds Into his account. 7. Paragraph 13 is denied. PNC Bank did not fail 10 exercise reasonable commercial standards in payment of the Alliance Funds to Lavere A. Cook. The Alliance Fund proceeds were the sole and lawful property of Lavere A. Cook whose legal Interests In these funds are derived from his distributive share of the estate of his deceased wife, Gloria Adams Cook. Linda Cook Planchard was added to the account for convenience only and not for the purpose of giving her any ownership interest In the account. The account representative mistakenly added her as "Jt. tenant" resulting In the check being issued to both her and Lavere A. Cook. Linda Cook Planchard knew that she had no present interest in the Alliance Fund and that the proceeds of said fund belonged to her father. Furthermore, at the time of requesting the redemption, she made no claim to any interest in said funds nor did she make a demand for either safe Investment or posting of a surety bond. Lavere A. Cook did not commit forgery by merely writing her name on the Instrument and depositing the funds Into his account. B. Paragraph 14 is denied. Lavere A. Cook is the sole and rightful owner of these funds as stated above. Linda Cook Planchard was added to the account for convenience only and not for the purpose of giving her any ownership Interest In the account. The account representative mistakenly added her as "jt. tenant" resulting in the check being issued to both her and Lavere A. Cook. Also, the correct amount deposited with the Prothonotary is $21,885.04. 9. Paragraph 15 is denied. PNC Bank was not negligent in that it owed no duty to Linda Cook Planchard because she has no present ownership interest in the Alliance Fund proceeds. Linda Cook Planchard's deliberate overreaching for a share of the estate to which she is not entitled is the cause of her Incurring legal fees and other expenses. WHEREFORE. Lavere A. Cook prays that this Honorable Court enter an Order dismissing the claims of Linda Cook Planchard and denying the relief requested by her. 1 I '. I , I I , I I I -' gEFENDANT LAVERE A. COOK'S RESPONSE TO ADDITIONAL MATTER CLAIM ASSERTED AGAINST HIM BY DEFENDANT LINDA COOK PLANCHARD 10. Paragraph 16 of the Additional Maller Claim incorporates by reference paragraphs 1 - 15 of Linda Cook Planchard's Statemont of Claim. In response thereto, Lavere A. Cook hereby reasserts and incorporates the aforestated paragraphs 1 - 9 as If fully set forth herein. 11. Paragraphs 17 - 18 are admitted. 12. Paragraph 19 is denied. Although Louisiana estate law refers to the "community of acquets and gains". this terminology should not be assumed to create community property interests. Louisiana's statutes create specific ownership interests in real and personal property; however, they do not create "community property interests.. 13. Paragraph 20 is admitted as to the filing of a Judgment of Possellsion but it is denied as the description giv9n as to the legal interests granted to Lavere A. Cook, Linda Cook Planchar<1 and Larry J. Cook. Pursuant to the Judgment of Possession (No. 449-827) filed June 10, 1993 in the Twenty-Fourth Judicial District Court For The Parish Of Jefferson, State of Louisiana, Division "0" for The Succession of Gloria Adams Cook, it was ordered, adjudged and decreed that Lavere A. Cook, was "recognized as the surviving spouse in community of the deceased, Gloria Adams Cook, and as such, is the owner of an undivided one-half (112) of all the property belonging to the community of acquels and gains which existed between him and the deceased, together with the legal usufruct of the deceased's undivided one-half (1/2) of the community, which usufruct shall last for the remainder of his life or until his remarriage". The Judgment of Possession also recognized that Larry J. Cook and Linda Cook Planchard, as the only children of the deceased, have a legal interest in an undivided one-half (1/2) interest in the community property of the deceased subject to Lavere A. Cook's right of usufruct. It Is incorrect to refer to Mr. Cook's usufruct interest as "the use or life estate" of certain property. The Claimant's legal usufruct interest entitles him to the unfettered possession, control over and enjoyment of the subjected property unless and until either the usufruct interest terminates or Larry J. Cook or Linda Cook Planchard make proper demand upon him for either safe investment or the posting of a surety bond. The rights granted under a legal usufruct interest are greater than that of mere "use life estate" which interests do not exist under Louisiana law. 14. Paragraph 21 is admitted with the clarification that the net sale proceeds were $174,628.33 of which $2,275.00 were from the sale of personal property. 15. Paragraph 22 a . c is admitted and Paragraph 22 d . e denied. A more accurate and complete listing of the estate assets of Gloria Adams Cook is: a. Cash: $211,595.32 1. House Proceeds (net): $174,682.33 2. IRA: 15,665.76 3. Lincoln: 6,500.00' 4. FNBC checking account: 1,283.25 5. Personal property sale proceeds: 5,265.00 6. Metairie account: 376.14 7. FNBC (cd): 2,693.22 8. FNBD: 5,129.62 b. Personal Property: $ 35,840.00 $247,435.32 c. Total: Inquiry has been made with First National Bank of Commerce, New Orleans, Louisiana regarding other accounts which may have existed at the time of death of Gloria Adams Cook and may need to be added to the estate for valuation purposes. 16. Paragraph 23 is admitted as to the statement that some of the estate assets were sold for cash but it Is denied as to the dollar amount set forth. Some of the assets comprising the estate of Gloria Adams Cook were sold resulting in total cash assets of the estate of $211,595.32. Other assets were not sold, which property has an estimated (unappraised) value of $35,840. 17. Paragraph 24 Is admitted as to Lavere A. Cook being entitled to approximately 1/2 of the total assets of the estate but it is denied as to the dollar amount set forth. The estate had a total value of approximately $247,435.32. The 'community debts" of the estate equal approximately $8,790.32. The total net value of the community assets after deducting the total "community debt" is $238,645.00 of which $202,805.00 was cash and $35,840 was non-cash personal property. See Exhibit B attached hereto and incorporated herein by reference. Lavere A. Cook has the following legal interests in these estate assets pursuant to the aforementioned Judgment of Possession (No. 449-827) filed June 10, 1993: a. Outright and sole ownership and possession of 1/2 of the cash assets of the estate ($202,805.00) equalling $101,402.50. b. A legal usufruct interest in the remaining 1/2 of the cash assets of the estate authorizing him full possession and control over the cash assets until such time as his uS'Jfruct interest terminates or a proper demand for safe investment or the posting of a surety bond is made by the other heirs. c. An undivided 1/2 ownllrship interest in all of the remaining non- cash assets of the estate. d. A legal usufruct interest in the remaining 1/2 undivided ownership interest In tho non-cash assets of the estate shared by his children, which usufruct interest authorizes full possession and control over those assets until such time as his usufruct interest terminates. Lavere A. Cook was also the named beneficiary under a life insurance policy Insuring Gloria Adams Cook's life for $2,000, the proceeds of which were mistakenly paid by the Insurance company directly to the funeral home on behalf of the estate. Mr. Cook was entitled to a reimbursement from the estate of $2,000. Lavere A. Cook, Is the sole legal owner of $103,402.50 (representing a 1/2 Interest in the cash assets of the estate plus the reimbursed Insurance policy proceeds); has an undivided 112 ownership interest in the non-cash assets of the estate; has a legal usufruct interest In the remaining cash assets ($ 101 ,402.50) and has a legal usufruct interest in the remaining undivided 112 Interest In the non- cash assets. The non-cash assets of the estate have an estimated (unappraisedl value of $35,840 . 18. Paragraph 25 Is admitted as to Larry J. Cook and Linda Cook Planchard sharing an Interest in the estate but It is denied as to their being entitled to $95,413.29 subject to a life estate in favor of Lavere A. Cook. Linda Cook Planchard and Larry J. Cook are entitled to certain interests in the estate assets as set forth In the aforementioned Judgment of Possession; however, the amount stated by Linda Cook Planchard is inaccurate. The combined gross value of their Interests in the estate assets Is $ 119,322.50; however, from that amount the "debts of the separate estate" are deducted ($9,533.371 leaving a combined net value of $ 1 09,788.73. Larry J. Cook and Linda Cook Planchard were each entitled to a share in the estate equal to $54,894.37 subject to the Lavere A. Cook's usufruct Interest. 19. Paragraph 26 is denied. Linda Cook Planchard's share In the estate was $54,894.37 subject to her father's legal usufruct interest. 20. Paragraph 27 is denied. Lavere A. Cook has trallsferred to Linda Cook Planchard, as an early distribution of her share of the estate, the cash sum of $26,680.24 and certain personal property with an estimated value of $ 1 50, and she has retained $ 765 in proceeds from the sale of a portion of the estate property for a total of $27,595.24. 21. Paragraph 28 is denied. Linda Cook Planchard's remaining share in the estate is equal to $27,299,13 subject to Lavere Cook's right of usufruct and further subject to a proportionate present value reduction because of the early distribution. The value of Linda Cook Planchard's original interest in the estate was $52,938.66 subject to Mr. Cook's usufruct interest. The 1993 present value of Mr. Cook's usufruct with respect to Linda Cook Planchard's interest was $24,284.34. The value of Mrs. Planchard's interest if taken in 1993 free and clear of the usufruct interest was $30,610.03. From June 1993 through August 1994, Lavere A. Cook distributed to her cash and non-cash estate assets valued at $27,595.24 which were taken free and clear of his usufruct Interest. This early distribution of her interest in the estate equals 90.15% of her 1993 present value estate interest ($30,610.03). Linda Cook Planchard is now entitled only to 9.85% o! her original estate interest which equals $5.407.10. 22. Paragraph 29 is denied. Pursuant to the Judgment of Possession (No. 449-827) and as fully set forth in paragrph 17 above, Lavere A. Cook held legal possession and control over all of the assets of the estate by right of sole ownership to a portion of the estate assets and through his legal usufruct interest in that portion of tho estate assets to which Larry J. Cook and Linda Cook Planchard shared an undivided 1/2 ownership interest. The cash portion of the estate assets were deposited into certain accounts to which Linda Cook Planchard's name was added for convenience; thereby, allowing her to draw funds from the accounts in the event of an emergency arising out of Mr. Cook's death or disability. Linda Cook Planchard had no claim to these funds either by way of the Judgment of Possession or by way of adding her name to the accounts for convenience. 23. Paragraph 30 is admitted as to their being a transfer of funds but denies that these funds were soley assets of the estate. Mr. Cook admits that approximately $100,000 was transferred from the First National Bank of Commerce account (to which the cash assets of the estate had been deposited) to First Commerce Investment Services, Inc. for the purpose of investing in the Alliance Municipal Inc. Fund. These funds, however, were no longer solely estate assets as a portion of these funds were owned by Mr. Lavere A. Cook outright as a part of his distributive share of the estate. 24. Paragraph 31 is admitted. 25. Paragraph 32 Is denied. Lavere A. Cook added Linda Cook Planchard to the First National Bank of Commerce account and the Alliance Fund for the sole purpose of convenience allowing her access to those funds in the event of an emergency arising out of Mr. Cook's death or disability. Linda Cook Planchard's name was added at her insistence while Mr. Cook was living with her following his wife's death. Mr. Cook n&ither intended to make her a joint owner of the funds nor did he intend to make a gift of any portion of the funds to her, nor was he intending to make or otherwise delineate an early dilltribution of her share of the estate. Furthermore, her name was mistakenly added to the Alliance Fund as "jt. tenant" by a representative of the investment services company. 26. Paragraph 33 - 35 are admitted; however the correct PNC Bank account number referr~d to in paragraph 35 is 50-8017-5689. 27. Paragraph 36 is denied. The instrument proceeds were the sole property of Lavere A. Cook who did not commi~ forgery by merely writing her name and depositing the funds into his account. Paragraph 4 of this Response is reasserted and incorporated herein by refererence as If fully set forth herein. 28. Paragraph 37 is admitted in that LinC:a Cook Planchard did not expressly authorize the writing of her name on the Alliance Fund check but It is denied in that there existed implicit permission to do so. Lavere A. Cook admits he had no express authorization to write Linda Cook Planchard's name on the Alliance Fund check; however. Linda Cook Planchard knew that she had no present interest In the Alliance Fund and that the proceeds of said fund belonged to her father. At the time of requesting the redemption, she made no claim to any interost in said funds nor did she mak'3 a demand for either safe investment or posting of a surety bond. Furthermore, she had participated in a previous redemption of Alliance Fund proceeds at which time she acknowledged the proceeds belonged to her father, Lavere A. Cook. 29. Paragraph 38 is denied. Lavere A. Cook is the sole and rightful owner of these funds. Mr. Cook's legal interest in these funds is derived from his distributive share of the estate of his deceased wife, Gloria Adams Cook. The instrument proceeds were the sole property of Lavere A. Cook who did not commit forgery by merely writing her name on the instrument and depositing the funds into his account under the circumstances described above. 30. Paragraph 39 is denied. Lavere A. Cook has no duty to account to Linda Cook Planchard regarding the Alliance Fund proceeds because she has no present interest In the fund. Lavere A. Cook, is the sole legal owner of $103,402.50 (representing a 1/2 Interest in the cash assets of the estate plus the reimbursed insurance policy proceeds) and has a legal usufruct interest in the remaining cash assets ($101,402.50). Mr. Cook's legal usufruct Interest entitles him to the unfettered possession, control over and enjoyment of the subjected property unless and until either the usufruct interest terminates or Larry J. Cook or Linda Cook Planchard make proper demand upon him for either safe investment or the posting of a surety bond. Neither Linda Cook Planchard nor Larry J. Cook made a demand for either safe investment of the proceeds or the posting of a surety bond. 31. Paragraph 40 Is denied. Lavere A. Cook either owned the Alliance Fund proceeds outright or held a legal usufruct interest in them. Mr. Cook had an absolute right to dispose of the funds subject to Larry J. Cook's and Linda Cook Planchard's right to make demand for safe investment or posting of a surety bond or, if no demand was made, to file a claim of debt against his estate at the time of his death should he. In the lawful exercise of his usufruct Interest, have consumed the assets comprising their share of the Gloria Adams Cook estate. 32. Parl:lgraph 41 is danied. Lavere A. Cook either owned the Alliance Fund proceeds outright or held a legal usufruct interest in them. Mr. Cook had an absolute right to dispose of the funds subject to Larry J. Cook's and Linda Cook Planchard's right to make demand for safe Investment or posting of a surety bond or, If no demand was made, to file a claim of debt against his estate at the time of his death should he, In the lawful exercise of his usufruct Imerest, have consumed the assets comprising their share of the Gloria Adams Cook estate. 33. Paragraph 42 is denied. Lavere A. Cook has not secreted any of the estate proceeds. Linda Cook Planchard's share In the estate was $54,894.37 subject to her father's legal usufruct interest. Lavere A. Cook has transferred to Linda Cook Planchard, as an early distribution of her st,are of the estate, the cash sum of $26.680.24 and certain personal property with an estimated value of $150, and she has retained $ 765 in proceeds from the sale of a portion of the estate property for a total of $27,595.24 all of which were taken free and clear of his usufruct interest. This early distribution of her interest in the estate equals 90.15% of her 1993 present value estate interest ($30,610.031. Linda Cook Planchard is now entitled only to 9.85% of her original estate interest which equals $'5,407.10 which has a present value of only $3,475.08. Furthermore, Linda Cook Planchard is in wrongful possession of non-cash assets of the estate worth approximately $27,670 and refuses to account for or return same to Lavere A. Cook. 34. Paragraph 43 is denied. Lavere A. Cook has acted in accordance with his rights of legal ownership and his legal usufruct interest with respect to the assets comprising the estate of Gloria Adams Cook and has not been the cause of Linda Cook Planchard's incurring legal fees or other expenses. Linda Cook Planchard's deliberate overreaching for a share of the estate to which she is not entitled is the cause of her Incurring legal fees and other expenses. WHEREFORE, Lavere A. Cook prays that this Honorable Court enter an Order dismissing the claims of Linda Cook Planchard and denying the relief requested by her. DEFENDANT LAVERE A. COOK'S RESPONSE TO COUNTER CLAIM COUNT I LINDA COOK PLANCHARD VS. LAVERE A. COOK 35. Paragraph 52 of the Counter Claim Count I incorporates paragraphs 1 - 51. Paragraphs 1 - 43 have been previously responded to in paragraphs 1 - 34 of the above stated Response of Lavere A. Cook, which paragraphs are hereby reasserted and incorporated herein by reference as if fully set forth herein. 36. Paragraph 44 of Linda Cook Planchard's pleadings also refers to paragraphs 1 . 43 which have been previously responded to In paragraphs 1 - 34 of the above stated Response of Lavere A. Cook, which paragraphs are hereby reasserted and incorporated herein by reference as If fully set forth herein. 37. Paragraph 45 Is denied. Linda Cook Planchard had no present ownership interest In the funds and her name was on the account merely for convenience In the event of an emergency arising out of Mr. Cook's death or disability. A previous redemption of funds from that account had occurred while Mr. Cook was living with his daughter which funds were delivered to Mr. Cook by her without any claim by her of ownership. 38. Paragraph 46 is denied. State Street Bank and Trust Company did not breach any duty to Linda Cook Planchard as no duty was owed to her. The Alliance Fund proceeds were the sole and lawful property of Lavere A. Cook. Linda Cook Plane hard knew that she had no present interest In the Alliance Fund and that the proceeds of said fund belonged to her father. At the time of requesting the redemption, she made no claim to any Interest in said funds nor did she make a demand for either safe investment or posting of a surety bond. Furthermore, she had participated in a previous redemption of Alliance Fund proceeds at which time she acknowledged the proceeds bel(lnged to her father, Lavere A. Cook. Lavere A. Cook did not commit forgery by merely writing her name on the instrument and depositing the funds into his account. 39. Paragraph 47 is denied. State Street Bank and Trust Company did not fail to exercise reasonable commercial standards In payment of the Alliance Funds to Lavere A. Cook. The Alliance Fund proceeds were the sole and lawful property of Lavere A. Cook. Mr. Cook's legal interest In these funds Is derived from his distributive share of the estate of his deceased wife, Gloria Adams Cook. Linda Cook Planchard was added to the account for convenience only and not for the purpose of giving her any ownership interest In the account. The account representative mistakenly added her as "jt. tenant" resulting in the check being issued to both her and Lavere A. Cook. Linda Cook Planchard knew that she had no present interest in the Alliance Fund and that the proceeds of said fund belonged to her father. Furthermore, at the time of requesting the redemption, she made no claim to any interest in said funds nor did she make a demand for either safe investment or posting of a surety bond. Lavere A. Cook did not commit forgery by merely writing her name on the instrument and depositing the funds into his accolJnt. 40. Paragraph 48 is denied. Paragraphs 38 & 39 are reasserted and are incorporated herein by reference as if fully set forth herein. 41. Paragraph 49 denied. State Street Bank and Trust Company was not negligent in that it owed no duty to Linda Cook Planchard because she no present ownership interest in the Alliance Fund proceeds. 42. Paragraph 50 is denied. State Street Bank and Trust Company was not negligent in that it owed no duty to Linda Cook Planchard because she no present ownership interest in the Alliance Fund proceeds. Linda Cook Planchard's deliberate overreaching for a share of the estate to which she is not entitled is the cause of her incurring legal fees and other expenses. 43. Paragraph 51 is denied. Linda Cook Planchard has no present interest claim to the $21,885.04 on deposit with the Cumberland County Prothonotary. The value of Linda Cook Planchard's original interest in the estate was $54,894.37 subject to Mr. Cook's legal usufruct interest. The 1993 present value of Mr. Cook's usufruct with respect to Linda Cook Planchard's interest was $24,284.34. The value of Mrs. Planchard's interest if taken in 1993 free and clear of the usufruct interest was $30,610.03. From June 1993 through August 1994, Lavere A. Cook distributed to her cash and non-cash estate assets valued at $27.595.24 which were taken free and clear of his usufruct interest. This early distribution of her interest in the estate equals 90.15% of her 1993 present value estate interest ($30,610.03). Linda Cook Planchard is now entitled only to 9.85% of her original estate interest which equals $5.407.10. 44. Paragraph 53 is denied. Lavere A. Cook has no duty to account to Linda Cook Planchard regarding the estate proceeds bllcause she has no present interest in the proceeds. Lavere A. Cook, is the sole legal owner of $103.402.50 (representing a 1/2 interest in the cash assets of the estate plus the reimbursed insurance pOlicy proceeds) and has a legal usufruct interest in the remaining cash assets ($101,402.50), Mr. Cook's legal usufruct interest entitles him to the unfenered possession, control over and enjoyment of the subjectad property unless and until either the usufruct interest terminates or Larry J. Cook or Linda Cook Planchard make proper demand upon him for either safe investment or the posting of a surety bond. Neither Linda Cook Planchard nor Larry J. Cook made a demand for either safe investment of the proceeds or the posting of a surety bond. Mr. Cook had an absolute right to dispose of the funds subject to Larry J. Cook's and Linda Cook Planchard's right to make demand for safe investment or posting of a surety bond or, it no demand was made, to file a claim of debt against his estate at the time of his death should he, in the lawful exercise of his usufruct interest, have consumed the assets comprising their share of the Gloria Adams Cook estate. 45. Paragraph 54 is denied. LaVe'll A. Cook has no duty to account to Linda Cook Planchard regarding the Alliance Fund proceeds because she has no present interest in the fund. The Alliance Fund proceeds were the sole and lawful property of Lavere A. Cook whose legal interest in thesa funds is derived from his distributive share of the estate of his deceased wife, Gloria Adams Cook. Linda Cook Planchard was added to the Alliance Fund account for convenience only and not for the purpose of giving her any ownership interest in the account. The account representative mistakenly added her as "jt. tenant" resulting In the check being Issued to both her and Lavere A. Cook. Linda Cook Plane hard knew that she had no present interest in the Alliance Fund and that the proceeds of said fund belonged to her father. Furthermore, at the time of requesting the redemption, she made no claim to any interest in said funds nor did she make a demand for either safe investment or posting of a surety bond. 46. Paragraph 55 is denied. Linda Cook Planchard is not the joint owner of the Alliance funds because she was merely added to the account for convenience and she has no other present interest claim to the funds. Paragraphs 51 . 53 of this Response are reaverred and incorporated herein as if fully set forth herein. 47. Paragraph 56 is denied. PNC Bank deposited $21,885.04 (Cashier's Check No. 970929) with the Office of the Prothonotary. The difference between the Alliance Fund proceeds of $23,753.79 and $21.885.04 is $1,868.75. 48. Paragraph 57 is denied. Linda Cook Planchard is not the joint owner of the Alliance funds because she was merely added to the account for convenience and she has no other present interest claim to the funds. Paragraphs 51 . 53 of this response are reaverred and incorporated herein as if fully set forth herein. 49. Paragraph 58 is denied. Linda Cook Planchard and Larry J. Cook are entitled to certain interests in the estate assets as set forth in the aforementioned Judgment of Possession. The combined gross value of their interests in the estate assets is $119,322.50; however, from that amount the "debts of the separate estate" are deducted ($9,533.37) leaving a combined net value of $109.788.73. Larry J. Cook and Linda Cook Planchard were each entitled to a share in the estate equal to $54,894.37 subject to the Lavere A. Cook's usufruct interest. Lavere A. Cook has transferred to Linda Cook Planchard, as an early distribution of her share of the estate. the cash sum of $26,680.24 and certain personal property with an estimated value of $150, and she has retained $ 765 in proceeds from the sale of a , . portion of the estate property for a total of $27,595.24. Linda Cook Planchard's remaining share in the estate is equal to $27,299.13 subject to Lavere Cook's right of usufruct and further subject to a proportionate present value reduction because of the early distribution, The value of Linda Cook Planchard's original interest in the estate was $54,894.37 subject to Mr. Cook's usufruct interest. The 1993 present value of Mr. Cook's usufruct with respect to Linda Cook Planchard's interest was $24,284.34. Therefore, the present value of Mrs. Planchard's interest If taken in 1993 free and clear of the usufruct Interest was $30,610.03. This reduction Is set forth as follows. From June 1993 through August 1994, Lavere A. Cook distributed to her cash and non-cash estate assets valued at $27,595.'.4 which were taken free and clear of his usufruct interest. This early distribution of her interest In the estate equals 90.15 % of her 1993 present value estate interest ($30,610.03). Linda Cook Planchard is now entitled only to 9.85% of her original estate interest which equals $5,407.10. 50. Paragraph 59 is denied. Larry J. Cook and Linda Planchard Cook do hold an interest in the estate of Gloria Adams Cook as is more fully set forth above in Paragraph 57 of this Response which is incorporated herein by reference as if fully set forth herein. 51. Paragraph 60 is denied. Lavere A. Cook has acted in accordance with his rights of legal ownership and his legal usufruct interest with respect to the assets comprising the estate of Gloria Adams Cook and has not been the cause of Linda Cook Planchard's incurring legal fees or other expenses. Linda Cook Planchard's deliberate overreaching for a share of the estate to which she is not entitled is the cause of her and her brother, Larry J. Cook incurring legal fees and other expenses. NOW, WHEREAS, the remaining aliegations contained in Paragraphs 61 - 74 as found in Count II (Linda Cook Planchard vs. PNC Bank, N.A.) and Count III (Linda Cook Planchard vs. State Street Bank and Trust Company) are not addressed to Lavere A. Cook and no response is required thereto, Lavere A. Cook prays that this Honorable Court: (a) dismiss all of the claims of Linda Cook Planchard as set forth in her Statement of Claim, Additional Matter Claim Against Lavere A. Cook and her Counter Claim Against Lavere A. Cook; (b) enter an Order directing the Prothonotary to transfer the $21,885.04 to Lavere A. Cook; and (c) enter such Order and grant such other relief in favor of Lavere A. Cook as it deems fair and equitable. ~,} c" -- J- .... v;~. ~-~-: f" (j' 6: ' , .1 " , CCI ~ I :-' L ' ('j l."') } ~. (, . 'i . ~~ ~. ~ .~ ~ is fll III ~II ~~~~ H i:l . . ml B Q ~ ~ . i .~~ ~~ ~I~~ '::lj ~i z~ 1<..-2-::1 ~] all -< 0:;" ~ H > <""~"" g",,~~ t ~ ~ ~ ~g ~"" ~h~ <~~~ rr~l ~. 2 ~. hl~ ~ -'I~ ..... i!!i &i -'I~ . '. . ... . Cook and Linda Cook Planchard over entitlement to certain proceeds arising out of check no. 334085 of Alliance Municipallnc, Fund. National Portfolio Class B, drawn on State Street Bank and Trust Company in the amount of $23,753.79 payable to "Lavere A. Cook & Linda Cook. Jt. Ten.", bearing the apparent endorsement of Lavere A. Cook and Linda Cook and which had been presented to PNC Bank for credit to the account of Lavere A. Cook. 7. Plaintiff, PNC Bank, placed an internal hold on Claimant's money market account (no. 50-8017-5689) and set off the remaining funds in said account in the amount of $21,855.04 against the disputed payment of the aforesaid Alliar.ce check no. 334085 to the Claimant, Lavere A. Cook. 8. On March 25, 1996 the Honorable Edgar B. Ba~ey issued an Order granting Plaintiff's request for interpleader and directing Plaintiff to deposit to the account of the Prothonotary of Cumberland County the offset funds to which Plaintiff complied by depositing $21,885.04 of Lavere A. Cook's funds with the Prothonoatary . 9. The Claimant herein, Lavere A. Cook, claims entitlement to the disputed funds as part of his distributive share of the estate of his deceased wife, Gloria Adams Cook, who died a resident of Louisiana. intestate, on May 8, 1993. 10. Pursuant to the Judgment of Possession (No. 449-827) filed June 10, 1993 in the Twenty-Fourth Judicial District Court For The Parish Of Jefferson, State of LouIsiana, Division "0" for The Succession of Gloria Adams Cook, it was ordered, adjudged and decreed that Claimant, Lavere A. Cook, was "recognized as the surviving spouse in community of the deceased, Gloria Adams Cook, and as such, is the owner of an undivided one-half (1/2) of all the property belonging to the community of acquets and gains which existed between him and the deceased, together with the legal usufruc~ of the deceased's undivided one-half (1/2) of the community, which usufruct shall/ast for the remainder of his life or until his remarriage". A copy of the Judgment of Possession is attached hereto and incorporated herein by reference as Exhibit A. 11. The Judgment of Possession also recognized that Larry J. Cook and Linda Cook PlanChard, as the only children of the deceased, have a legal Interest in an undivided one-half (1/2) interest in the community property of the deceased subject to Claimant's right of usufruct which shall exist for the remainder of his life or until his remarriage. 12. The Claimant's legal usufruct interest entitles him to the unfettered possession, control over and enjoyment of the subjected property unless and until either the usufruct interest terminates or Larry J. Cook or Linda Cook Planchard make proper demand upon him for either safe investment or the posting of a surety bond. 13. The community of assets comprising the estate consisted primarily of the marital residence (house and real estate), a 1986 Lincoln autolTlobile, bank accounts and other personal property acquired during the marriage which property had a tot'll value of approximately $247,435.32 as set forth in Exhibit B which is attached hereto and incorporated herein by reference. The Defendant, Lavere A. Cook, has requested First National Bank of Commerce, New Orleans, Louisi3na, to produce records of all accounts held by himself or his deceased wife as of the date on her death. If said Inquiry produces proof of additional accounts then thoSE! account balances May need to be added to the estate for valuation purposes. 14. The "community debts" of the estate equal approximately $8,790.32 as more fully set forth In Exhibit B. 15. The "debts of the separate estate" equal $9,533.77 as more fully set forth In Exhibit B. 16. The total net value of the community assets after deducting the total "community debt" Is $238,645.00 in which the Claimant has the following leglll Interests pursuant to the aforementioned Judgment of Possession: a. Outright and sole ownership and possession of 1/2 of the cash assets of the estate ($202,805.00) equalling $102,402.50. b. A legal usufruct interest In the remaining 1/2 of the cash assets of the estate authorizing him full possession and control over the cash assets until such time as his usufruct interest terminates or a proper demand for safe investment or the posting of a surety bond Is made by the other heirs. c. An undivided 1/2 ownership Interest in all of the remaining non- cash assets of the estate. d. A legal usufruct interest in the remaining 1/2 undivided ownership Interest in the non-cash assets of the estate shared by his children, which usufruct Interest authorizes full possession and control over those assets until such time as his usufruct interest terminates. 17. Claimant was also the named beneficiary under a life Insurance policy insuring Gloria Adams Cook's life for $2,000, the proceeds of which were mistakenly paid by the insurance company directly to the funeral home on behalf of the estate. Claimant is entitled to a reimbursement from the estate of $2,000. 18. The value of the estate assets subject to Claimant's usufruct interest is $119,322.50. 19. The Claimant, Lavere A. Cook, is the sole legal owner of $103,402.50 (representing a 1/2 interest in the cash assets of the estate plus the reimbursed insurance policy proceeds); has an undivided 1/2 ownership interes, in the non-cash assets at the estate; has a legal usufruct interest in the remaining cash assets ($101.402.50) and has a legal usufruct interest in the remaining undivided 1/2 interest in the non-cash assets. The non-cash assets at the estate have an approximate value of $35.840 (unappraised). 20. The combined gross value at the childrens', Larry J. Cook and Linda Cook Planchard. interest in the community property is $119.322.50; however, from that amount the "debts at the separata estate" are deducted ($9,533.37) leaving a combined net value at $109,788.73 as set torth in Exhibit C which is attached hereto and incorporated herein by reference. 21. Each child, Larry J. Cook and Linda Cook Planchard, was entitled to a share in the estate equal to $54,894.37 subject to the Claimant's usufruct interest. 22. The 1993 present value of each of their shares if taken tree and clear of the Claimant's usufruct intarest is $30,610.03 as shown on Exhibit C. This was determined by reducing their gross share by the present value of the Claimant's usufruct interest using a present valuation factor of .407037 as established by the Louisiana Department of Revenue and Taxation tor determining inheritance and estate taxes. 23. The Claimant has transterred to Larry J. Cook, as an advance to his share of the estate, the cash sum of $14,000 and certain personal property with an estimated value of $700 for a total of $14,700. See Exhibit D which is attached hereto and incorporated herein by reference. 24. Larry J. Cook's remaining share in the estate is equal to $40,194.37 subject to Claimant's right of usufruct and further subject to a proportionate present value reduction because of early distribution of a portion of his estate interest. 25. The Claimant has transferred to the Defendant, Linda Cook Planchard, as an advance to her share of the estate, the cash sum of $26,680.24 and certain personal property with an estimated value of $150, and she has retained $ 765 in proceeds from the sale of a portion of the estate property for a total of $27,595.24 as shown in Exhibit D. 26. Linda Cook Planchard's remaining share in the estate is equal to $27,299.13 subject to Claimant's right at usufruct and further subject to a proportionate present value reduction because of early distribution of a portion of her estate interest. 27. The aforementioned transters, to Larry J. Cook and Linda Planchard Cook were made during the period of time from June 1993 through August 1994 and, as such, are a partial distribution at their respective estate interests tree and clear of Claimant's usufruct interest. 28. These early distributions decrease the present value of the estate shares of Larry J. Cook and Linda Cook Planchard and have a corresponding increase in the present value of Lavere A. Cook's share in the estate. 29. The approximate '/alue at Linda Cook Planchard's original interest in the estate was $54,894.37 subject to Claimant's usufruct interest. The 1993 present value of Claimant's usutruct with respect to Linda Cook Planchard's interest was $24,284.34. Therefore, the present value at Mrs. Planchard's interest if taken in 1993 tree and clear of the usufruct interest was $30,610.03. From June 1993 through August 1994, Lavere A. Cook distributed to her cash and non-cash estate assets valued at $27,595.24 which were taken free and clear of his usufruct interest. This early distribution of her interest in the estate equals 90.15% of her 1993 present value estate interest ($30,610.03). Linda Cook Planchard is now entitled only to 9.85% of her original estate interest which equals $5.407.10. See Exhibit E which Is attached hereto and incorporated herein by reference. 30. The approximate value of Larry J. Cook's original interest in the estate was $54,894.37 subject to Claimant's usufruct interest. The 1993 present value of Claimant's usufruct interest with respect to Larry J. Cook's interest was $24,284.34. The value of Larry Cook's interest if taken in 1993 without the usufruct was $30,610.03. From June 1993 through August 1994, Lavere A. Cook distributed to him cash and non-cash estate assets valued at $14,750 which were taken tree and clear of the usufruct. This early distribution of his interest in the estate equals 48.02% of Larry Cook's 1993 present value estate interest ($30,610.03). Larry Cook is now entitled to only 51.98% of his original estate Interest which equals $28.534.09 as set forth in Exhibit E. 31. Following the death at his wife, the Claimant sold the marital residence, the 1986 Lincoln automobile and a portion of the remaining personal property and deposited the proceeds into an account with First National Bank of Commerce, New Orleans, Louisiana. 32. Following the sale of the marital residence on July 30, 1993, Claimant moved in with his daughter, Linda Cook Planchard, and her husband and maintained his residence with them until April 11, 1994. Claimant paid rent and contributed to their general household and living expenses. 33. While living with his daughter, Linda Cook Planchard, Claimant advanced to her cash funds from her share ot the estate for the purpose of ':lUilding a barn on her property in Mississippi. Claimant also advanced to her other cash funds from her share of the estate. The total amount of cash advances to her was $26,680.24. None of these advances were gifts. 34. Claimant temporarily moved all of the personal property of the estate (which hacl been acquired during his marriage to Gloria Adams Cook and having an unappraised, estimated value of $35.840) into the newly built barn located on his daughter's property. Claimant subsequently transterred approximately $750 worth of this property to Larry J. Cook and approximately $150 worth at this property to Linda Cook Planchard. 35. While living with his daughter and at her :nsistence, Claimant added the Defendant, Linda Cook Planchard, to the aforementioned First National Bank of Commerce account for "convenience", thereby authorizing her to sign checks on the account in the event of an emergency arising out of his death or disability. 36. The Defendant, Linda Cook Planchard, was not a joint owner of the account nor was adding her name to the account Intended by the Claimant, Lavere A. Cook, to be a gift to her of any of the funds in that account nor was it an early distribution of her estate interest, all of which she has previously admitted. 37. On or about July 30, 1993. the Claimant transferred $100,000 from said account to First Commerce Investment Services, Inc. for the purpose of investing $100,000 in the aforementioned Alliance Municipal Inc. Fund. 38. On or about November 17, 1993, the Claimant authorized the sale of $50,000 worth of Alliance fund shares and has made various prudent investments of said monies. 39. On or about March 2, ~ 994, at the insistence of Linda Cook Planchard and being just before Claimant, Lavere A. Cook, moved from Planchard's Mississippi residence into the home of Claimant's friend, Gladys Lytle of Harrisburg, Pennsylvania, Claimant instructed a representative of First Commerce Investment Services to add Linda Cook Planchard's name to the aforementioned Alliance Municipal Inc. Fund. The Claimant's intent was to add her to the account for "convenience" authorizing her to use the funds in the event of his death or disability in the same manner as intended for the First National Bank of Commerce account. This was done by Claimant because at the many long trips he was taking during that period of time. The Claimant neither intended to make her a joint owner nor did he intend to make a gift to her of any of the funds or shares in the mutual fund account nor was it intended to be an early distribution of her share of the estate. 40. A representative of First Commerce Investment Services, erroneously and without authorization, added the name of Linda Cook Planchard to the Alliance account as a "jt. ten." 41. On or about July 22, 1994, Claimant withdrew an additional $25,000 from the Alliance fund with the proceeds check being issued to both Claimant and his daughter, Linda Cook Planchard, to which she endorsed her name and made no claim to the funds nor did she demand any surety be posted. Said proceeds were used by Claimant in the purchase of his current residence located in Mechal1icsburg, Pennsylvania. 42. Claimant has also used cash assets derived tram the estate to purchase an IRA in the amount at $15.665.76 on or about August 2, 1993; to purchase a truck In the amount of $11,600 on or about November 26, 1993; and approximately $16,943.99 for moving, general living and health care expenses, travel, etc. 43. Claimant's total cash expenditures equal approximately $146.209.75 all of which were proper as they came out of his sole ownership interest in the estate or his legal usufruct interest in the remaining cash assets of the estate, and no demand had been made for sate investment by either Larry J. Cook or Linda Cook Planchard. 44. In September, 1994 Claimant and Gladys Lytle visited with the Defendant. Linda Cook Planchard, at her residence in Mississippi for the purpose of moving some of the aforementioned personal property from storage to his Pennsylvania residence. It was Claimant's intent that the remaining property remain in storage pending a future determination of what to do with it. 45. On September 28, 1994, Claimant asked Linda Cook Planchard to sign a letter authorizing the closing of the Alliance Fund account and requesting a redemption of the remaining funds in the account. Linda Cook Planchard signed the request; however, she did not assert any claim to the funds nor did she request any safe investment of the funds nor did she request the posting of any surety. 46. On September 29, 1994, Claimant was told to leave the residence of Linda Cook Planchard and was further told not to come back unless it was without his friend, Gladys Lytle. 47. Claimant was told he could remove only a portion of the personal property stored in the barn although Claimant had full ownerShip of one-half of the property and a right of possession and use by right of his legal usufruct interest for the other one-half of the property. 48. Claimant moved approximately $7,230 worth of the personal property from the barn to his Pennsylvania residence. 49. Approximately $27,760 worth of personal property remains in the possession of the Defendant, Linda Cook Planchard, despite demands for possession by the Claimant pursuant to his ownership and usufruct interests in the property entitling him to full possession. control and enjoyment of the property. LAVERE A. COOK'S ADDITIONAL MATTER CLAIM AGAINST DEFENDANT. LINDA COOK PlANCHARD 53. Lavere A. Cook's Statement of Claim, including Paragraphs 1 - 52 and all ':xhibits thereto, is Incorporated herein by reterence as if fully set forth herein. 54. The Judgment of Possession (No.449-827) granted Lavere A. Cook an ownership interest and a legal u!olufruct interest in the remaining non-cash assets of the estate of Gloria Adams Cook which property was acquired during their marriage. 55. The Defendant, Linda Cook Planchard, wrongfully and fraudulently possesses said property at the residence in Mississippi and refuses to return the property to her father, Lavere A. Cook despite repeated demands. See Exhibit F attached hereto and incorporated herein by reference for a listing of said property. 56. Lavere A. Cook filed a Complaint in Replevin against Linda Cook Planchard in the Circuit Court of Pearl River County, Mississippi (Civil Action No. 95 - 0216) on July 27, 1995 seeking possession of the aforesaid property based upon his legal interests as set forth above. An Order of Voluntary Dismissal (without prejudice) was granted to Lavere A. Cook on January 26, 1996 until the such time as an appropriate Louisiana Court determined what property comprised the estate of Gloria Adams Cook. No such determination has been made. 57. Lavere A. Cook is entitled to possession and control over said property pursuant to his rights and interests in the estate of Gloria Adams Cook as determined by the aforesaid Judgment of Possession. 58. The value of Linda Cook Planchard's original interest in the estate was $54,894.37 subject to Mr. Cook's legal usufruct interest. The 1993 present value of Mr. Cook's usufruct with respect to Linda Cook Planchard's interest was $24,284.34. Theefore. the present value of Mrs. Planchard's interest if taken in 1993 free and clear of the usufruct interest was $30,610.03. From June 1993 through August 1994, Lavere A. Cook distributed to her cash and non-cash estate assets valued at $27,595.24 which were taken free and clear of his usufruct interest. This early distribution of her interest in the estate equals 90.15% of her 1993 present value estate interest ($30,610.03). Linda Cook Planchard is now entitled only to 9.85% of her original estate interest which equals $5,407.10. 59. The present value of Linda Cook Planchard's interest ($5,407.10), free and clear of Mr. Cook's usufruct interest (based on his current age of 72), is only $3,475.08. '.., M. Fran. \1I1tmfY .1 lAw 11 ''''''In 511ftt ~1l"I02 ~1'1I1'. LA 7Ot'IOt 1>>1145'-1_ EXHIBIT A TWENTY-FOURTH JUDICIAL DISTRICT COURT FOR THE PARISH OF JEFFERSON STATE OF LOUISIANA NO. +Jc1 - 8.;J'} ';t>oo ." ,. " jj; COO,~ n... "f: .. _I "... ., t. ~ ~~, l!! WDOCK!T: ,. t.> ... C~2 ;:: - '" - c> f' 'c; ri -. ;by.Clk. ,., n CJ) 0 ;U '" DIVISION THE SUCCESSION OF GLORtA ADAMS FILED' lYDOHENT 0' POSSESSION Considering the veri tied petition tor ,.. the entire record ot this proceeding, eatistactory p=oot having been presented to the Court that there is no necessity tor an administration and that there are no inheritance taxes due the State ot Louisiana by the heirs, the iaw and evidence entitling petitioners to the relief they seek, and tor additional reasons orally assigned: IT ADJUDGED AND DECREED that an IS ORDERED, administration ot this succession be dispensed with. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Lave~ A. Cook is recognized as the surviving spouse in community of the d.c....d, Gloria Adams Cook, and as such, Is the owner ot an undivided one-halt (l/~) ot allot the property belonging to the community ot acquete and gains which existed between him and the I dee.a..d. together with the legal usutruct ot the decea.ed's undivided one-halt (l/~) ot the community, which usutruct shall laet tor the remainder ot his lite or until his remarriag.. The property belonging to the community ot acquets and gains includes the following property, to-wit: ONE CERTAIN LOT OF GROutlO. together with all the buildings and improvements thereon and all the rights, ways, privileges, servitudes, appurtenances and advantages thereunto belonging or in anywise appertaining, situated 1n the Parish ot Jetterson, State ot Louisiana, in the city ot Kenner, torming a portion ot Sections 34 and J5 in Township 11 South, Range 9 East, and a portion ot Sections 2 and J in TownShip 12 South, ~ange 9 East, in that part thereot known as WOODLAKE SUBNVISIOII, SECTION 1, as shown on a plan ot subdivision prepared by J. J. Krebs' Sons, Inc., dated December 4, 1972, approved by the Hayor and Board at Aldermen at the city ot Kenner, on December 28, 1972, as Ordinance No. 1413, recorded in COB 730, tolio 716, Jetterson PariSh, and according to survey by J. J. Krebs' Sons, dated March 10, 1977, and resurveyed April 1, 1977, a copy ot which is annexed to another act passed before Alla in C. Andry. I II, notary. on September 1 J, 1977, tor reference, th.:l sald property is designated as LOT 1, SQUARE F, bounded by McKinley, Clacier, Guadalupe and Verde Streets, and Lot 1 forms the corner ot Guadalupe and McKinley Streets, and measures 80.41 teet tront on McKinley Street. with. width in the rear ot 80 '.11 M. Ft3nl \I~"u.. 21 CeNt'''' $trwt ~1"IOl ~"ir~. LA nlDOt l~' "'.IOM feet, by a depth and f~ont on Guadalupe Street at 148.81 feet, and with a depth o( 140.1J het on the opposite side line. I.pravements thereon bea~ the MunicipaL Number 82 McKinley Stre.t. RESTRICTIONS: The above described property \s subject to the restrictive covanants and conditions as contained in an Act passed betore Robert P. Chatelain, Notary Public, dated May Z2, 1911, reqi.tered in COB 190, folio 461: and as amended betare Rader Jackson, Notary Public, dated Hay lZ, 191~, registered in COB 8J~, rollo Z13; And as further amended betore Rader .Jack.on, Notary Public, on November ZJ, 1975, registered in COB 850, tolio 43: and 48 still further amended betore Rader Jackson, Notary PUblic, on December la, 1975, registered in COB 852, tolio ]8~; and thi. reterence to those restrictive covenants Is not to be considered a. renewing or recreating them in any manner whatsoever. RIGHT or HAY: The above described property Is SUbject to a rlqht o( wey In tavor ot Louisiana Power and Light Company, registered 1n COB 798, (olio 688. SERVITUDE: The above-described property Is subject to a servitude In (avor o( the 4th Je(rerson Dralnaqe District created by an Act passed bedor~ Wegmann, Notary PUblic, dated February 1, 1961, reqlstered In COB 5~8, (0110 500. Being (urther eubject to a servitude mea9ur ing t ive ('5') teet across the rear ot the property and flve (5') te~t along the entire Guadalupe Street side Une per pian o( resubd I vision. A CERTAIN LOT OF GROUND, toqether with a 11 the Improvements thereon, and all rights, Wttys, prlvileges, servitudes, appurten,emces and adVantages thereunto belonging or in anywise appertalnlnq, situated In the PariSh o( St. Charles, state or Louisiana, blltinq desLqnated as SQIJARE 4L, IBERVILL2 SECTION, at the LAKELAND GARDEnS SUBDIVISIon, belnq located In Section 80, T U S, R 9 E, ot the Southeast 0 istr ict ot Lou L9 iana, East ot the Hlsslsslppi River, meesurlnq approximately ~40 (eet by ]60 (eet. Checking Account, First flat'l Sank ot Commerce, in names ot L. A. or Gloria A. Cook 1986 Lincoln VIN ILnBP96F8GY7~090] 1980 Chevy Luv truck HIscellaneous household (urnlshlnqs and personal belonqlnqs IT IS FURTIIER ORDERED, ADJUDGED AND DECREED that Linda Cook QuiCk and Larry J. Cook are recoqnlzed as the children end sole heirs ot the deceased, Gloria Adams Cook, and as such, are entitled to be placed in possession, in equal undivided shares, of allot the property belonging to the succession at the deceased, including but not limited to the dece<1sed's undivided one..halt (l/~l Interest In the community property set (orth above, In nakod o~nershlp and subject to the usufruct over said community property in lavor of their tather, Lavere A. Cook. IT IS FURTHER ORDERED, ADJUDGED Anv OECREED that ,'"y banks, savings institutions, homesteads, credit unLon., Qr other ! I tlnancial II il institutions, and all per!Jons, t i rm. or corpor.t ione EXHIBIT B I. COMMUNITY ASSETS 1. Real estate: $174,682.33 (Net amount Irom settlement on 7/30/93 after payment ot all settlement charges; includes $2,275.00 for sale of personal propertY.) 2. First National Bank of Commerce: $ 1,283.25 (FNBC checking account #2028-73293) 3. 1986 Lincoln automobile: $ 6,500.00 4. Personal property sold: $ 5,265.00 5. Remaining personal property: $ 35,840.00 (Estimate - not appraised) 6. IRA $ 15.665.76 7. Metairie Bank: $ 376.14 (checking account #2739372) 8. FNBC (cd): $ 2,693.22 9. FNBC: $ 5.129.62 Total community assets: $247,435.32 II. COMMUNITY DEBT 1. Misc. debt: $ 9,290.32 (Various unsecured loans, credit card charges, household bills,etc.) a. Less credit card refunds: (500.001 Total community debt: $ B.790.32 III. DEBTS OF SEPARATE ESTATE 1. 2. 3. 4. Funeral expenses: Attorney's fees: Court costs: Crypt expenses: $ 7,305.50 $ 1,245.00 $ 190.50 $ 792.77 Total debts of separate estate: $ 9,533.77 EXHIBIT..E PERSONAL PROPERTY IN POSSESSION OF LINDA COOK PLANCHARD: Necklace, gold chain 18" long x 1/4" wide x 1/8" thick Dinner ring 1/2" diameter white diamonds outside & blue inside seiko Ladies watch (gold) Diamond ring white gold with three rows of diamonds Silverware in case Silver set on tray, coffee pot, etc. Set of red crystal (glasses only) Jawelry case Large metal box 18" x 30" x 14" containing Lavere A. Cook's 1992 & previous years' income taxes, real estate, legal papers & bank statements & cancelled checks (prior to May 8, 1993) Navy retirement tray Avondale retirement Elephant with ivory look Candelabra, gold finish with lights Two stiffel swag lamps Chinese chest only 7 dolls Sofa - 3 cushion Two - wing chair Console TV Lazy Boy leather reclining chair Fireplace screen Bar glasses and mix books Carton of photos Vase on dresser Two arm chairs from dining room Two sets of dishes; misc. pots & pans; silverware Breakfast chandelier Lace doilies only in master bedroom Black & Decker work-mate One framed picture with light-hand painted antique One set of china in credenza China and crystal in china cabinet six Royal Dalton figurines 4 ladies 2 him & her selling balloons Liardo's figurine (only 1) Clock (battery pink & blue) Longview Antebellum picture, fancy gold leaf frame Best Friends picture not framed (only 1) Patty Banister Christmas village (ceramic houses, etc.) Five standing dolls Tea set (world's fair) Rice bedroom set (triple dresser/mirror, two night stands, stool) Brass deer . . I hereby certity that a true copy ot the foregoing Statement ot Claim and Additional Matter Claim against Linda Cook Planchard was served upon the following persons at th6 respective addresses shown by depositing same in the U.S. Mail, postage paid at Dillsburg, Pennsylvania on July 3, 1996: Jacqueline M. Verney, Esquire Counsel for Linda Cook Planchard 7 Irvine Row P.O. Box 936 Carlisle, Pennsylvania 17013-0936 State Street Bank and Trust Company Legal Department 225 Franklin Street Boston, Massachusetts 02110 Nauman, Smith, Shissler & Hill J. Stephen Feinour, Esquire Counsel for PNC Bank, N. A. 200 North Third Street P.O. Box 840 Harrisburg, Pennsylvania 17108 JAN M. WILEY & ASSOCIATES ~ K;nneth J. Hagreen, Esquire Attorneys for Lavere A. Cook I I . . PNC BANK, N.A., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVI.NIA vs. No. 96.1461 EQUITY TERM LAVERE A. COOK, LINDA COOKPLANCHARD, AND STATE STREET BANK & TRUST COMPANY, Defendants IN EQUITY INTERPLEADER ,." ~, , NEW MATTER .- I DEFENDANT LAVERE A. COOK'S RESPONSE TO CLAIM ASSERTED AGAINST HIM BY DEFENDANT LINDA COOK PLANCH~RD 1. Paragraphs 1 . 5 are admitted. 2. Paragraph 6 is denied. On or about March 2, 1994, at the insistence of Linda Cook Planchard and being Just before moving trom her Mississippi residence into the home of his friend, Gladys Lytle of Harrisburg, Pennsylvania, Lavere A. Cook Instructed a representative of First Commerce Investment Services to add Linda Cook Planchard's name to the atorementloned Alliance Municipal Inc. Fund. Lavere A. Cook's intent was to add his daughter to the account for "convenience" authorizing her to use the funds in the event of an emergency arising out of his death or disability, Linda Cook Planchard had been previously added to the First National Bank of Commerce account for the same reason, which account was later closed. Mr. Cook took this action because of the many long trips he was taking during that period of time. Mr. Cook neither intended to make her a joint owner nor did he intend to make a gift to her of any of the funds or shares in the mutual fund account. A representative of First Commerce Investment Services, erroneously and without authorization, added the name of Linda Cook Planchard to the Alliance Fund account as a "jt. ten." 3. Paragraphs 7 . 9 are admitted; however, the correct PNC Bank account number referred to in paragraph 9 is 50-8017-5689. 4. Paragraph 10 is denied. Lavere A. Cook has admitted that he wrote his daughter's name on the check but denies he committed forgery as the funds were legally his and, at the time of redemption, Linda Cook Planchard asserted no claim to the funds. Furthermore, she had participated in a previous redemption of Alliance Fund proceeds at which time she acknowledged that the funds belonged to her father. Also, there was no injury to any party nor were the rights of any party prejudiced. . "i , , ,il , . ,t. "-., . , 5. Paragraphs 11 is denied. Linda Cook Planchard had no ownership interest in the funds and her name was on the account merely for convenience in the event of Mr. Cook's death or disability. A previous redemption 01 funds from that account had occurred while Mr. Cook was living with his daughter which funds were delivered to Mr. Cook by her without any claim by her 01 ownership. 6. Paragraph 12 is denied. PNC Bank did nGt commit any wrongful act nor did it breach any duty to Linda Cook Planchard as no duty was owed to her. The Instrument proceeds were the sole and lawful property of Lavere A, Cook who did not commit torgery by merely writing her name on the instrument and depositing the funds into his account. 7. Paragraph 13 is denied. PNC Bank did not tail to exercise reasonable commercial standards in payment of the Alliance Funds to Lavere A. Cook. The Alliance Fund proceeds were the sole and l::Iwful property of Lavere A. Cook whose legal interests in these funds are derived from his distributive share 01 the estate of his deceased wife, Gloria Adams Cook. Linda Cook Planchard was added to the account for convenience only and not tor the purpose of giving her any ownersnip interest in the account. The account representative mistakenly added her as "jt. tenant" resulting in the check being issued to both her and Lavere A. Cook. Linda Cook Planchard knew that she had no present interest in the Alliance Fund and that the proceeds of said tund belonged to her father. Furthermore, at the time of requesting the redemption, she made no claim to any interest in said tunds nor did she make a demand for either safe investment or posting of a surety bond. Lavere A. Cook did not commit forgery by merely writing her name on the instrument and depositing the funds into his account. 8. Paragraph 14 is denied. Lavere A. Cook is the sole and rightful owner 01 these funds as stated above. Linda Cook Planchard was added to the account for convenience only and not for the purpose of giving her any ownership interest in the account. The account representative mistakenly added her as "jt. tenant" resulting in the check being issued to both her and Lavere A. Cook. Also, the correct amount deposited with the Prothonotary is $21,885.04. 9. Paragraph 15 is denied. PNC Bank was not negligent in that it owed no duty to Linda Cook Planchard because she has no present ownership interest in the Alliance Fund proceeds. Linda Cook Planchard's deliberate overreaching for a share of the estate to which she is not entitled is the cause of her incurring legal fees and other expenses. WHEREFORE, Lavere A. Cock prays that this Honorable Court enter an Order dismissing the claims ot Linda Cook Planchard and denying the reliet requested by her. . . DEFENDANT LAVERE A. COOK'S RESPONSE TO ADDITIONAL MATTER CLAIM ASSERTED AGAINST HIM BY DEFENDANT LINDA COCK PLAN CHARD 10. Paragraph 16 of the Additional Matter Claim incorporates by reference paragraphs 1 - 15 of Linda Cook Planchard's Statement of Claim. In response thereto, Lavere A. Cook hereby reasserts and incorporates the aforestated paragraphs 1 - 9 as if fully set forth herein. 11. Paragraphs 17 - 18 are admitted. 12. Paragraph 19 is denied. Although Louisiana estate law reters to the "community of acquets and gains", this terminology should not be assumed to create community property interests. Louisiana's statutes create specific ownership interests in real and personal property; however, they do not create "community property interests". 13. Paragraph 20 is admitted as to the filing of a Judgment of Possession but it is denied as the description giver. as to the legal interests granted to Lavere A. Cook, Linda Cook Plan chard and Larry J. Cook. Pursuant to the Judgment of Possession (No. 449-827) filed June 10, 1993 in the Twenty-Fourth Judicial District Court For The Parish Of Jefferson, State of Louisiana, Division "0" for The Succession of Gloria Adams Cook, it was ordered, adjudged and decreed that Lavere A. Cook, was "recognized as the surviving spouse in community of the deceased, Gloria Adams Cook, and as such, is the owner of an undivided one-half (1/2) of all the property belonging to the community of acquets and gains which existed between him and the deceased, together with the legal usufruct of the deceased's undivided one-half (1/2) of the community, which usufruct shall last for the remainder of his life or until his remarriage". The Judgment of Possession also recognized that Larry J. Cook and Linda Cook Planchard, as the only children of the deceased, have a legal interest in an undivided one-half (1/2) interest in the community property of the deceased subject to Lavere A. Cook's right at usufruct. It is incorrect to refer to Mr. Cook's usufruct interest as "the use or life estate" of certain property. The Claimant's legal usufruct interest entitles him to the unfettered possession, control over and enjoyment of the subjected property unless and until either the usufruct interest terminates or Larry J. Cook or Linda Cook Planchard make proper demand upon him for either safe investment or the posting of a surety bond. The rights granted under a legal usufruct interest are greater than that of mere "use life estate" which interests do not exist under Louisiana law. 14. Paragraph 21 is admitted with the clarification that the net sale proceeds were $174,628.33 of which $2,275.00 were from the sale of personal property. 15. Paragraph 22 a . c is admitted and Paragraph 22 d - e denied. A more accurate and complete listing at the estate assets ot Gloria Adams Cook is: a. Cash: $211,595.32 1. House Proceeds (net): $174,682.33 2. IRA: 15,665.76 3. Lincoln: 6,500.00 4. FN8C checking account: 1,283.25 5. Personal property sale proceeds: 5,265.00 6. Metairie account: 376.14 7. FNBC (cd): 2,693.22 8. FNBD: 5,129.62 b. Personal Property: $ 35,840.00 c. Total: $247,435.32 Inquiry has been made with First National Bank at Commerce, New Orleans, Louisiana regarding other accounts which may have existed at the time of death of Gloria Adams Cook and may need to be added to the estate for valuation purposes. 16. Paragraph 23 is admitted as to the statement that some of the estate assets were sold for cash but it is denied as to the dollar amount set forth. Some of the assets comprising the estate of Gloria Adams Cook were sold resulting in total cash assets of the estate of $211,595.32. Other assets were not sold, which property has an estimated (unappraised) value of $35,840. 17. Paragraph 24 is admitted as to Lavere A. Cook being entitled to approximately 1/2 of the total assets of the estate but it is denied as to the dollar amount set forth. The estate had a total value of approximately $247,435.32. The "community debts" of the estate equal approximately $8,790.32. The total net value of the community assets after deducting the total "community debt" is $238,645.00 of which $202,805.00 was cash and $35,840 was non-cash personal property. See Exhibit B attached hereto and incorporated herein by reference. Lavere A. Cook has the tollowing legal interests in these estate assets pursuant to the aforementioned Judgment at Possession (No. 449-827) filed June 10,1993: a. Outright and sole ownership and possession of 112 of the cash assets of the estate ($202,805.00) equalling $101.402.50. b. A legal usufruct interest in the remaining 1/2 at the cash assets of the estate authorizing rim tull possession and control over the cash assets until such time as his usufruct interest terminates or a proper demand tor sate investment or the posting of a surety bond is made by the other heirs. c. An undivided 1/2 ownership interest in all of the remaining non- cash assets of the estate. d. A legal usufruct interest in the remaining 112 undivided ownership interest in the non-cash assets of the estate shared by his children, which usufruct interest authorizes full possession and control over those assets until such time as his usufruct interest terminates. Lavere A. Cook was also the named beneficiary under a life insurance policy insuring Gloria Adams Cook's life for $2,000, the proceeds of which were mistakenly paid by the insurance company directly to the funeral home on behalf of the estate. Mr. Cook was entitled to a reimbursement from the estate of $2,000. Lavere A. Cook, is the sole legal owner of $103,402.50 (representing a 1/2 interest in the cash assets of the estate plus the reimbursed insurance policy proceeds); has an undivided 112 ownership interest in the non-cash assets of the estate; has a legal usufruct interest in the remaining cash assets ($101.402.50) and has a legal usufruct interest in the remaining ur,divided 112 interest in the non- cash assets. The non-cash assets of the estate have an estimated (unappraised) value ,)f $35,840 . 18. Paragraph 25 is admitted as to Larry J. Cook and Linda Cook Planchard sharing an interest in the estate but it is denied as to their being entitled to $95,413.29 subject to a life estate in favor of Lavere A. Cook. Linda Cook Planchard and Larry J. Cook are entitled to certain interests in the estate assets as set forth in the aforementioned Judgment of Possession; however. the amount stated by Linda Cook Planchard is inaccurate. The combined gross value of their interests in the estate assets is $119,322.50; however, from that amount the "debts of the separate estate" are deducted ($9,533.37) leaving a combined net value of $109,788.73. Larry J. Cook and Linda Cook Planchard were each entitled to a share in the estate equal to $54,894.37 subject to the Lavere A. Cook's usufruct interest. 19. Paragraph 26 is denied. Linda Cook Planchard's share in the estate was $54,894.37 subject to her tather's legal usufruct interest. 20. Paragraph 27 is denied. Lavere A. Cook has transferred to Linda Cook Planchard, as an early distribution of her share of the estate, the cash sum of $26,680.24 and certain personal property with an estimated value of $150, and she has retained $765 in proceeds from the sale of a portion of the estate property for a total of $27,595.24. 21. Paragraph 28 is denied. Linda Cook Planchard's remaining share in the estate is equal to $27,299.13 subject to Lavere Cook's right ot usufruct and further suhject to a proportionate present value reduction because of the early distribution. The value of Linda Cook Planchard's original interest in the estate was $52,938.66 subject to Mr. Cook's usufruct interest. The 1993 present value at Mr. Cook's usufruct with respect to Linda Cook Planchard's interest was $24,284.34. The value of Mrs. Planchard's interest if taken in 1993 free and clear of the usufruct interest was $30,610.03. From June 1993 through August 1994, Lavere A. Cook distributed to her cash and non-cash estate assets valued at $27,595.24 which were taken free and clear of his usufruct interest. This early distribution of her interest in the estate equals 90.15% of her 1993 present value estate interest ($30,610.03). Linda Cook Planchard Is now entitled only to 9.85% of her original estate interest which equals $5,407.10. 22. Paragraph 29 is denied. Pursuant to the Judgment ot Possession (No. 449-827) and as fully set torth in paragrph 17 above, Lavere A. Cook held legal possession and control over all ot tl,e assets of the estate by right of sole ownership to a portion of the estate assets and through his legal usufruct interest in that portion of the estate assets to which Larry J. Cook and Linda Cook Planchard shared an undivided 112 ownership interest. The cash portion of the estate assets were deposited into certain accounts to which Linda Cook Planchard's name was addfld for convenience; thereby, allowing her to draw funds from the accounts in the event of an emergency arising out ot Mr. Cook's death or disability. Linda Cook Planchard had no claim to these funds either by way ot the Judgment of Possession or by way of adding her name to the accounts for convenience. 23. Paragraph 30 is admitted as to their being a transfer of tunds but denies that these funds were soley assets of the estate. Mr. Cook admits that approximately $100,000 was transferred from the First National Bank of Commerce account (to which the cash assets of the estate had been deposited) to First Commerce Investment Services, Inc. for the purpose of investing in the Alliance Municipal Inc. Fund. These funds, however, were no longer solely estate assets as a portion of these funds were owned by Mr. Lavere A. Cook outright as a part of his distributive share of the estate. 24. Paragraph 31 is admitted. 25. Paragraph 32 is denied. Lavere A. Cook added Linda Cook Planchard to the First National Bank of Commerce account and the Alliance Fund for the sole purpose of convenience allowing her access to those funds in the event of an emergency arising out of Mr. Cook's death or disability. Linda Cook Planchard's -..A name was added at her insistence while Mr. Cook was living with her following his wife's death. Mr. Cook neither intended to make her a joint owner of the funds nor did he intend to make a gift of any portion of the funds to her, nor was he intending to make or otherwise delineate an early distribution of her share of the estate. Furthermore, her name was mistakenly added to the Alliance Fund as "jt. tenant" by a representative of the investment services company. 26. Paragraph 33 . 35 are admitted; however the correct PNC Bank account number referred to in paragraph 35 is 50-8017-5689. 27. Paragraph 36 Is denied. The Instrument proceeds were the sole property of Lavere A. Cook who did not commit forgery by merely writing her name and depositing the funds Into his account. Paragraph 4 of this Response is reasserted and incorporated herein by refererence as if fully set forth herein. 28. Paragraph 37 is admitted in that Linda Cook Planchard did not expressly authorize the writing of her name on the Alliance Fund check but it Is denied in that there existed implicit permission to do $0. Lavere A. Cook admits he had no express authorization to write Linda Cook Planchard's name on the Alliance Fund check; however, Linda Cook Planchard knew that she had no present interest in the Alliance Fund and that the proceeds of said fund belonged to her father. At the time of requesting the redemption, she made no claim to any interest in said funds nor did she make a demand tor either safe investment or posting of a surety bond. Furthermore, she had participated in a previous redemption of Alliance Fund proceeds at which time she acknowledged the proceeds belonged to her father, Lavere A. Cook, 29. Paragraph 38 is denied. Lavere A. Cook is the sole and rightful owner of these funds. Mr. Cook's legal interest in these funds is derived from his distributive share of the estate of his deceased wife, Gloria Adams Cook. The instrument proceeds were the sole property of Lavere A. Cook who did not commit forgery by merely writing her name on the instrument and depositing the funds into his account under the circumstances described above. 30. Paragraph 39 is denied. Lavere A. Cook has no duty to account to Linda Cook Planchard regarding the Alliance Fund proceeds because she has no present interest in the fund. Lavere A. Cook, Is the sole legal owner of $103.402.50 (representing a 1/2 interest in the cash assets of the estate plus the reimbursed insurance policy proceeds) and has a legal usufruct interest In the remaining cash assets ($101.402.501. Mr. Cook's legal usufruct interest entitles him to the unfettered possession, control over and enjoyment of the subjected property unless and until either the usufruct interest terminates or Larry J. Cook or Linda Cook Planchard make proper demand upon him for either safe investment or the posting of a surety bond. Neither Linda Cook Planchard nor Larry J. Cook made a demand for either safe investment of the proceeds or the posting of a surety bond. 31. Paragraph 40 is denied. Lavere A. Cook either owned the Alliance Fund proceeds outright or held a legal usutruct interest in them. Mr. Cook had an absolute right to dispose of the tunds subject to Larry J. Cook's and Linda Cook Planchard's right to make demand tor sate investment or posting at a surety bond or, if no demand was made. to file a claim of debt against his estate at the time of his dealt, should he, in the lawful exercise at his usufruct interest. have consumed the assets comprising their share ot the Gloria Adams Cook estate. 32. Paragraph 41 is denied. Lavere A. Cook ~ither owned the Alliance Fund proceeds outrigi,t or held a legal usufruct interest in them. Mr. Cook had an absolute right to dispose of the funds subject to Larry J. Cook's and Linda Cook Planchard's right to make demand tor safe investment or posting of a surety bond or, if no demand was made, to file a claim of debt against his estate at the time of his death should he, in the lawful exercise of his usufruct interest, have consumed the assets comprising their share of the Gloria Adams Cook estate. 33. Paragraph 42 is denied. Lavere A. Cook has not secreted any at the estate proceeds. Linda Cook Planchard's share in the estate was $54,894.37 subject to her father's legal usufruct interest. Lavere A. Cook has transferred to Linda Cook Planchard, as an early distribution of her share of the estate, the cash sum of $26,680.24 and certain personal property with an estimated value of $150, and she has retained $ 765 in proceeds from the sale of a portion of the estate property for a total of $27,595.24 all at which were taken free and clear of his usufruct interest. This early distribution of her interest in the estate equals 90.15% of her 1993 present value estate interest ($30,610.03). Linda Cook Planchard Is now entitled only to 9.85% of her original estate interest which equals $5.407.10 which has a present value of only $3,475.08. Furthermore, Linda Cook Planchard is in wrongful possession of non-cash assets of the estate worth approximately $27,670 and refuses to account for or return same to Lavere A. Cook. 34. Paragraph 43 is denied. Lavere A. Cook has acted in accordance with his rights of legal ownership and his legal usufruct interest with respect to the assets comprising the estate of Gloria Adams Cook and has not been the cause of Linda Cook Planchard's Incurring legal fees or other expenses. Linda Cook Planchard's deliberate overreaching for a share of the estate to which she is not entitled is the cause of her incurring legal fees and other expenses. WHEREFORE, Lavere A. Cook prays that this Honorable Court enter an Order dismissing the claims of Linda Cook Planchard and denying the relief requested by her. DEFENDANT LAVERE A. COOK'S RESPONSE TO COUNTER CLAIM COUNT I LINDA COOK PLAN CHARD VS. LAVERE A. CQQ,K 35. Paragraph 52 Clf the Counter Claim Count I incorporates paragraphs 1 . 51. Paragraphs 1 . 43 have been previously responded to in paragraphs 1 . 34 at the above stated Response of Lavere A. Cook, which paragraphs are hereby reasserted and incorporated herein by reference as if fully set forth herein. 36. Paragraph 44 of Linda Cook Planchard's pleadings also refers to paragraphs 1 . 43 which have been previously responded to In paragraphs 1 . 34 of the above stated Response of Lavere A. Cook, which paragraphs are hereby reasserted and incorporated herein by reference as if fully set forth herein. 37. Paragraph 45 is denied. Linda Cook Planchard had no present ownership interest in the funds and her name was on the account merely for convenience in the event of an emergency arising out of Mr. Cook's death or disability. A previous redemption of funds from that account had occurred while Mr. Cook was living with his daughter which funds were delivered to Mr. Cook by her without any claim by her of ownership. 38. Paragraph 46 is denied. State Street Bank and Trust Company did not breach any duty to Linda Cook Planchard as no duty was owed to her. The Alliance Fund proceeds were the sole and lawful property of Lavere A. Cook. Linda Cook Plane hard knew that she had no present interest in the Alliance Fund and that the proceeds of said fund belonged to her father. At the time of requesting the redemption, she made no claim to any interest in said funds nor did she make a demand for either safe investment or posting of a surety bond. Furthermore, she had participated in a previous redemption of Alliance Fund proceeds at which time she acknowledged the proceeds belonged to her father, Lavere A. Cook, Lavere A. Cook did not commit forgery by merely writing her name on the instrument and depositing the funds into his account. 39. Paragraph 47 is denied. State Street Bank and Trust Company did not fail to exercise reasonable commercial standards in payment of the Alliance Funds to Lavere A. Cook. The Alliance Fund proceeds were the sole and lawful property of Lavere A. Cook. Mr. Cook's legal interest in these funds is derived from his distributive share of the estate of his deceased wife, Gloria Adams Cook. Linda Cook Planchard was added to the account for convenience only and not for the purpose of giving her an', ownership interest in the account. The account representative mistakenly added her as "jt. tenant" resulting in the check being issued to both her and Lavere A. Cook. Linda Cook Planchard knew that she had no present interest in the Alliance Fund and that the proceeds of said fund belonged to her father. Furthermore, at the time of requesting the redemption, she made no claim to any interest in said funds nor did she make a demand for either safe investment or posting of a surety bond. Lavere A. Cook did not commit forgery by merely writing her name on the instrument and depositing the tunds into his account. 40. Paragraph 48 is denied. Paragraphs 38 & 39 are reasserted and are incorporated herein by reference as if tully set forth herein. 41 . Paragraph 49 denied. State Street Bank and Trust Company was not negligent in that it owed no duty to Linda Cook Planchard because she no present ownership interest in the Alliance Fund proceeds. 42. Paragraph 50 is denied. State Street Bank and Trust Company was not negligent in that it owed no duty to Linda Cook Planchard because she no present ownership interest in tt,e Alliance Fund proceeds. Linda Cook Planchard's deliberate overreaching for a share of the estate to which she is not entitled is the cause of her incurring legal fees and other expenses. 43. Paragraph 51 is denied. Linda Cook Planchard has no present interest claim to the $21,885.04 on deposit with the Cumberland County Prothonotary. The value of Linda Cook Planchard's original interest in the estate was $54,894.37 subject to Mr. Cook's legal usufruct interest. The 1993 present value of Mr. Cook's usufruct with respect to Linda Cook Planchard's interest was $24,284.34. The value of Mrs. Planchard's interest if taken in 1993 free and clear of the usufruct interest was $30,610.03. From June 1993 through August 1994, Lavere A. Cook distributed to her cash and non-cash estate assets valued at $27,595.24 which were taken free and clear of his usufruct interest. This early distribution of her interest in the estate equalS 90.15% of her 1993 present value estate interest ($30,610.03). Linda Cook Planchard is now entitled only to 9.85% of her original estate interest which equals $5.407.10. 44. Paragraph 53 is denied. Lavere A. Cook has no duty to account to Linda Cook Planchard regarding the estate proceeds because she has no present interest in the proceeds. Lavere A. Cook, is the sole legal owner of $103.402.50 (representing a 112 interest in the cash assets of the estate plus the reimbursed insurance policy proceeds) and has a legal usufruct interest in the remaining cash assets ($101.402.50). Mr. Cook's legal usufruct interest entitles him to the unfettered possession, control over and enjoyment of the subjected property unless and until either the usufruct interest terminates or Larry J. Cook or Linda Cook Planchard make proper demand upon him for either sate investment or the posting of a surety bond. Neither Linda Cook Planchard nor Larry J. Cook made a demand for either safe investment of the proceeds or the posting of a surety bond. Mr. Cook had an absolute right to dispose of the tunds subject to Larry J. Cook's and Linda Cook Planchard's right to make demand for sate investment or posting of a surety bond or, if no demand was made, to tile a claim of debt against his estate at the time 01 his death should he, in the lawful exercise of his usufruct interest. have consumed the assets comprising their share 01 the Gloria Adams Cook estate. .' 45. Paragraph 54 is denied. Lavere A. Cook has no duty to account to Linda Cook Planchard regarding the Alliance Fund proceeds because she has no present interest in the tund. The Alliance Fund proceeds were the sole and lawful property of Lavere A. Cook whose legal interest In these funds is derived from his distributive share of the estate of his deceased wife, Gloria Adams Cook. Linda Cook Planchard was added to the Alliance Fund account for convenience only and not for the purpose of giving her any ownership interest in the account. The account representative mistakenly added her as "jt. tenant" resulting in the check being issued to both her and Lavere A. Cook. Linda Cook Planchard knew that she had no present interest in the Alliance Fund and that the proceeds of said fund belonged to her father. Furthermore, at the time of requesting the redemption, she made no claim to any Interest in said funds nor did she make a demand for either safe investment or posting of a surety bond. 46. Paragraph 55 is denied. Linda Cook Planchard is not the joint owner ot the Alliance funds because she was merely added to the account for convenience and she has no other present interest claim to the funds. Paragraphs 51 - 53 of this Response are reaverred and incorporated herein as if fully set forth herein. 47. Paragraph 56 is denied. PNC Bank deposited $21,885.04 (Cashier's Check No. 970929) with the Office of the Prothonotary. The difference between the Alliance Fund proceeds of $23,753.79 and $21,885.04 is $1,868.75. 48. Paragraph 57 Is denied. Linda Cook Planchard is not the joint owner of the Alliance funds because stJe was merely added to the account for convenience and she has no other present imerest claim to the funds. Paragraphs 51 - 53 of this response are reaverred and incorporated herein as if fully set forth herein. 49. Paragraph 58 is denied. Linda Cook Planchard and Larry J. Cook are entitled to certain interests in the estate assets as set torth in the aforementioned Judgment of Possession. The combined gross value of their interests in the estate assets is $119,322.50; however, from that amount the "debts of the separate estate" are deducted ($9,533.37) leaving a combined net value of $109,788.73. Larry J. Cook and Linda Cook Planchard were each entitled to a share in the estate equal to $54,894.37 subject to the Lavere A. Cook's usufruct interest. Lavere A. Cook has transferred to Linda Cook Planchard, as an early distribution of her share of the estate, the cash sum of $26,680.24 and certain personal property with an estimated value of $150, and she has retained $765 in proceeds from the sale of a portion of the estate property for a total of $27,595.24. Linda Cook Planchard's remaining share in the estate is equal to $27,299.13 subject to Lavere Cook's right at usufruct and turther subject to a proportionate present value reduction because or the early distribution. The value at Linda Cook Planchard's original interest in the estate was $54,894.37 subject to Mr. Cook's usufruct interest. The 1993 present value of Mr. Cook's usutruct with respect to Linda Cook Planchard's interest was $24,284.34. Therefore, the present value of Mrs. Planchard's interest if taken in 1993 free and clear of the usufruct interest was $30,610.03. This reduction is set torth as follows. From June 1993 through August 1994, Lavere A. Cook distributed to her cash and non-cash estate assets valued at $27,595.24 which were taken free and clear of his usufruct interest. This early distribution of her interest in the estate equals 90.15% at her 1993 present value estate interest ($30,610.03). Linda Cook Planchard is now entitled only to 9.85% of her original estate interest which equals $5.407.10. 50. Paragraph 59 is denied. Larry J. Cook and Linda Planchard Cook do hold an interest in the estate of Gloria Adams Cook as is more tully sat forth above in Paragraph 57 of this Response which is incorporated herein by reterence as if fully set forth herein. 51. Paragraph 60 is denied. Lavere A. Cook has acted in accordance with his rights of legal ownership and his legal usufruct interest with respect to the assets comprising the estate of Gloria Adams Cook and has not been the cause of Linda Cook Planchard's incurring legal tees or other expenses. Linda Cook Planchard's deliberate overreaching for a share of the estate to which she is not entitled is the cause of her and her orother, Larry J. Cook incurring legal fees and other expenses. NOW, WHEREAS. the remaining allegations contained in Paragraphs 61 .74 as found in Count II (Linda Cook Planchard vs. PNC Bank, N.A.) and Count III (Linda Cook Planchard VS. State Street Bank and Trust Company) are not addressed to Lavere A. Cook and no response is required thereto, Lavere A. Cook prays that this Honorable Court: (a) dismis! all of the claims of Linda Cook Planchard as set forth In her Statement of Claim, Additional Matter Claim Against Lavere A. Cook and her Counter Claim Against Lavere A. Cook; (bl enter an Order directing the Prothonotary to transfer the $21,885.04 to Lavere A. Cook; ;"nd (c) enter such Order and grant such other relief in favor of Lavere A. Cook as it deems fair and equitable.