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HomeMy WebLinkAbout08-31-10F~\FILES\Clients\13887 Thomas\13887. LANS2DECJlIDG Revised 8/3ll10 I ~ 19PM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Denise M. Thomas (Kennedy) t/~ 1 A 1,~; Ur' WILLIAM R. KENNEDY, BEFORE THE REGISTER OF WILLS OF DECEASED CUMBERLAND COUNTY, PENNSYLVANIA N0.21-10-0067 ANSWER TO PETITION FOR DECLARATORY JUDGMENT Denise M. Thomas, by her Attorneys, Martson Law Offices, sets forth the following in response to the Petition for Declaratory Judgment: 1. ADMITTED. 2. ADMITTED except Respondent's correct name is Denise M . Thomas. 3. ADMITTED. 4. ADMITTED. 5. ADMITTED. 6. ADMITTED. 7. DENIED. Respondent was born on May 26, 1956. 8. ADMITTED. 9. ADMITTED. L,~ e ~ C C O t~ ~T~~ _ ~S~ V!Se G'y COUNT I ~ - ='.~ I-n c,a '~ ? L7 'rl 10. No responsive pleading is required. _ '', .) C J - ` tea. ._ ~ .. 11. ADMITTED. . _ ~ ~. a _I; -. _r-) c-, 12. ADMITTED 13. ADMITTED. 14. DENIED. After reasonable investigation, wife is unable to respond to this allegation. The allegation does not indicate in which action Husband's "interrogatory 1" was filed. In the event Wife responded in writing to interrogatories propounded by Husband, the document shall speak for itself. 15. ADMITTED. By way of further answer, Petitioner is well aware that traditional divorce complaints filed do not "allege any marital fault" on the part of the other P~Y• 16. ADMITTED that the parties talked about reconciliation after Wife filed the divorce action. However, Husband consistently told Wife that he would not change and much of his actions were based upon the fact that he had two prior marriages which also ended in divorce and he simply consistently told his Wife that he would and could not trust her because of his prior experience with his other marriages. 17. DENIED. 18. DENIED. 19. DENIED. On the contrary, Wife offered to return to the marital home on a number of occasions. 20. DENIED. On the contrary, Wife had discussions with her Husband after separation in which she repeatedly requested him to change his untrustworthy and controlling ways and to work at the marriage. Husband consistently refused Wife's suggestions. 21. ADMITTED. 22. ADMITTED. 23. ADMITTED. 24. DENIED. Said allegation is a conclusion of law and no responsive pleading is required. Additionally, said allegation includes a variety of different allegations which have been denied by Wife as set forth above. WHEREFORE, Respondent requests this Honorable Court to dismiss the Petition for Declaratory Judgment. COiJNT II 25. No responsive pleading is required. 26. DENIED. Said allegation is a conclusion of law and no responsive pleading is required. In the alternative, Wife admits that there was no determination made by the Court with respect to establishing grounds for divorce as of the date of Husband's death. 27. ADMITTED. 28. ADMITTED. 29. ADMITTED insofar that Wife was not residing at the property as of date of death of Husband Wife had repeatedly asked Husband to allow her to move back into the property at 3 51 York Road. 30. Said allegation is a conclusion of law and no responsive pleading is required. WHEREFORE, Respondent requests this Honorable Court to dismiss the Petition for Declaratory Judgment. COUNT III 31. No responsive pleading is required. 32. DENIED. On the contrary, Husband and Wife did not move into the house on 371 York Road in June of 1998. Wife moved into the house in or about late September or early October of 1998 with her daughter. Husband was living in Bucks County in his home and did not move into the property until the spring of 1999. 33. DENIED. After reasonable investigation, Respondent is not aware on specific details of what monies, if any, Husband contributed to the down payment and closing costs. By way of further answer, Wife's father paid her $6,000.00 to use for settlement costs on the purchase of the real estate in question. 34. DENIED. The allegations set forth in paragraph 33 above are incorporated herein by reference thereto. 35. ADMITTED. 36. ADMITTED. 37. ADMITTED. 38. ADMITTED. 39. ADMITTED. 40. ADMITTED. 41. ADMITTED. 42. ADMITTED. 43. DENIED from the perspective that said list that was transmitted was a total distribution of tangible personal property. Additionally, by way of further answer, said transmittal was an offer in compromise and is not legally admissible in these proceedings. 44. DENIED. Wife was still living at the property at 351 York Road in March of 2009. 45. DENIED. A final distribution of the untitled tangible personal property along with the final resolution of all economic issues in the divorce action was never consummated between the parties, 46. DENIED. The parties never agreed to a final division of their untitled tangible personal property. ADMITTED that Wife took one truckload of items from the marital home on the evening of March 26, 2009 which is the time Wife moved out of the premises. 47. DENIED. On the contrary, the listing of items set forth on the mentioned Exhibit `A' did not include a conclusive and final resolution of the distribution of untitled tangible personal property. Additionally, there was no waiver of Wife of the remaining items of personal property in the home, much of which was secured by the Husband in the home under lock and key. Additionally, the parties had tangible personal property in storage units which also Husband had secured by lock and key exclusive to Wife. 48. DENIED. Said allegation is a conclusion of law and a responsive pleading is required. 49. DENIED. On the contrary, Wife allowed Petitioner an opportunity to come into the home at which time Petitioner's conduct was so inappropriate that it merited a termination of Petitioner's access to the property. Since that time, Petitioner had obtained items from the former marital residence through Wife's current counsel which items were specifically requested by the Petitioner. WHEREFORE, Respondent requests that the Petition for Declaratory Judgment be dismissed. Dated: August 3~ , 2010 /~ ~'`''`~ /"~ Hubert ilroy, Esquire Katie J. Maxwell, Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341