HomeMy WebLinkAbout08-01-08
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IN THE COURT OF COMMON PLEAS _
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CUMBERLAND COUNTY, PENNSYLVANIA ~ . `'~'
ORPHANS' COURT ~" `',~
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IN RE: ROBERT G. TRAVER - ___ .~
and O.C. No. 2008-0056:' ~ -{ < ~
LOIS J. TRAVER G'
RESPONSE OF HCR-MANORCARE TO PETITION OF RONALD
E. TRAVER FOR REMOVAL OF AGENTS UNDER THE;
POWER OF ATTORNEY OF ROBERT G. TRAVER
AND NOW COMES, HCR ManorCare -Camp Hill ("ManorCare"), by and
through its counsel, Sc~ ruT)Ex BOGAR LLC, and files this Response to the Petition of
Ronald E. Traver for Removal of Agents under the Power Of Attorney of Robert G.
Traver:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Denied. ManorCare demands strict proof regarding whom the law office
of GATES, HALBRUNER & HATCFI, P.C. represent in the current proceedings. The law
office of GATES, HALBRUNER & HA~rcH, P.C. have alternatively represented that they
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have been retained to prepare a Medical Assistance plan for Mr. Traver and Mrs.
Traver, and also that they represent Anna Messimer.
7. Admitted that Mr. Traver and Mrs. Traver have not yet qualified for
Medical Assistance, and that Mr. and Mrs. Traver have compiled substantial fees due to
ManorCare. The remaining averments in paragraph are conclusions of law. Strict proof
thereof is demanded.
8. Admitted.
9. Denied as a conclusion of law. Strict proof thereof is demanded.
10. Admitted.
11. Denied. ManorCare has no knowledge of the averments contained in
paragraph 11 beyond Petitioner assertions. Strict proof thereof is demanded.
12. Admitted.
13. Admitted to the extent that the averments in paragraph 13 are factual
assertions. To the extent that the averments in paragraph 13 are conclusions of law,
they are denied and strict proof thereof is demanded.
14. Admitted to the extent that the averments in paragraph 14 are factual
assertions. To the extent that the averments in paragraph 14 are conclusions of law,
they are denied and strict proof thereof is demanded.
15. Admitted.
16. Denied. The Power of Attorney attached to the Petition speaks for itself.
As such, strict proof of the averments contained in paragraph 16 is demanded. By way
of further answer, if Petitioner were the successor agent under the Power of Attorney,
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Petitioner's prior actions on behalf of Robert G. Traver, taken at a time ~~hen Petitioner
was not acting under a valid Power of Attorney, demonstrate that a possible conflict
exists that would warrant an independent trustee being appointed to facilitate the sale
of the property.
WHEREFORE, Petitioner respectfully requests this Honorable Court enter an
Order that Petitioner's Request to be appointed sole agent under the Power of Attorney
be denied, and ManorCare's Petition for Appointment of an Independent Trustee to
Facilitate the Sale of Property be granted.
Respectfully submitted,
SCHUTJER BOGAR LLC
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Dated: / 5 cr By. ~~E'
Kirk Sohonage
Attorney I.D. No. 77851
(717) 909-8160
Brandon S. Williams
Attorney I.D. No. 200713
(717) 909-5922
417 Walnut Street, 4th Floor
Harrisburg, PA 17101
Fax No.: (717) 909-5925
Attorneys for Petitioner M~r~TOrCrtre
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