HomeMy WebLinkAbout12-17-09ti
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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IN RE: ~
ESTATE OF DAVID H. CLOUSER ORPHAN' S COURT
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RESPONDENT' S ANSWER TO ~ ~ ~:~? ~ ~~
PETITIONER' S PETITION FOR REMOVAL
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1. Admitted.
2. Admitted.
3. Admitted.
4. Denied. In addition to the real property located at 1204 Mitchell Drive,
Mechanicsburg, Pennsylvania, and the contents therein, the estate also consists of
hundreds, if not thousands, of items of personalty which had been purchased by the
decedent during the thirty (30) years prior to his date of death. These items are stored
in the residence as well as in three (3) separate storage units in Perry County.
5. Denied. Allegations A through G are denied for the following reasons:
A. The parties hereto are siblings who had previously been able to cooperate with
one another in the handling of their father's estate, but due to a breakdown in that
relationship which was not due to the fault of Respondent herein, the handling of
the estate has been stymied. If removal of one of the co-personal representatives
is in the best interest of the estate then the removal of both personal
representatives would be in the best interest of the estate rather than to have one
control the other.
B. Denied. Respondent has insured the property of the estate.
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C. Denied. Respondent has fully cooperated with Petitioner's attempts to have a
third party appraise the real estate with the only requirement that she be present
during the appraisal, which is not unreasonable since Respondent lives at the real
property.
D. Denied. When the parties were able to cooperate with one another, Petitioner
agreed that Respondent would not be required to pay the Three Hundred Dollars
($300.00) per month in rent.
E. Denied. According to the Last Will and Testament, Respondent is to have the
option to purchase the property, but thus far Petitioner has refused to cooperate
with Respondent in the purchase of this property.
F. Denied. The real property is insured.
G. Denied. Petitioner has attempted to control the handling of this estate on is own
and has since the inception of the filing of the Letters of Probate gone through the
services of at least three (3) prior attorneys who have determined that Petitioner
was too uncooperative for them to continue to render legal services to the estate.
6. Admitted.
7. Admitted in part, denied in part. It is admitted that a successor personal
representative need not be appointed if the parties hereto can cooperate with one
another. It is only if the parties cannot reconcile their differences in the handling of
this estate that a third party need be appointed to complete administration of the
estate.
8. Admitted.
9. Denied. A letter dated November 3, 2009, signed by Respondent's counsel was
mailed to counsel for the Petitioner on November 3, 2009, which was a response
within a reasonable amount of time to Petitioner's letter of October 26, 2009.
WHEREFORE, Respondent prays that this Honorable Court will deny Petitioner's Petition
for the removal of Respondent as a co-personal representative in this estate.
Respectfully submitted,
R. Mark Thomas, Esquire
Attorney 41301
101 South Market Street
Mechanicsburg, PA 17055
Telephone: 717-796-2100
Attorney for Respondent
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VERIFICATION
I verify that the statements made in the foregoing document are true and correct to the best
of my knowledge, information and belief. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities.
Date: o~ //~ ~ ~`~
Debra Houseman