HomeMy WebLinkAbout11-08-10 (2)In the Court of Common Pleas of Cumberland County, Pennsylvania
Orphans' Court Division
In Re:
Estate of Vasiliki Mallios,
deceased
No. 2010-00790 ~~
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ANSWER ~~ ~ w
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AND NOW come the Respondents, Nickolas J. Mallios and Constantinos J. Mallios; by
and through their attorneys, Flower Law, LLC, and state the following in answer to the
contestant's petition:
1. Admitted.
2. Admitted.
3. Admitted. Correct spellings are Nickolas and Demetrios.
4. Admitted.
5. Admitted, in part. Admitted that the petitioner would be an heir under the
intestate .law. Denied, in that the decedent's will dated June 10, 2004 preceded
the will here challenged, as did other wills prior to 2004, so that the intestate law
is not relevant to standing.
6. Admitted.
7. Admitted.
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8. It is denied that the decedent was not of sound mind or was subject to any undue
influence when she executed her will of May 22, 2009.
9. a. Admitted
b. Admitted in part, Denied in part, as follows: Decedent's diabetes was
effectively controlled by pills at the time she executed her will of May 22,
2009 and she had no dementia at that time and none until the final weeks
before her death. Decedent did not suffer any serious physical infirmity
until her diabetes worsened in late December 2009.
c. Denied. Decedent drove herself to the Elks club from her home on
Heiser's Lane almost daily until the first week of December of 2009, when
she did have an accident and subsequently gave up her driver's license.
d. Denied, in part, as follows. Decedent's diabetes worsened at the end of
December of 2009, and, after a short stay in the hospital, she entered the
Church of God Home for rehabilitation related to her diabetes and the
need for insulin injections, which were difficult for her to self-administer.
Decedent had no significant dementia until the final weeks of her life.
e. Admitted.
f. Admitted, in part. Decedent's ability to read English was limited.
WHEREFORE, the decree of the Register admitting to probate the last will and
testament of Vasiliki Mallios dated May 22, 2009 should be affirmed.
Dated: November 8, 2010
Respectfully submitted,
Flower Law, LLC
By:
Thomas E. Flower
S. Ct. Id. No. 83993
10 W. High St.
Carlisle, PA 17013
(717) 243-5513
Counsel for the Respondents
In the Court of Common Pleas of Cumberland County, Pennsylvania
Orphans' Court Division
In Re:
Estate of Vasiliki Mallios,
. No. 2010-00790
deceased
Verification
I, Nickolas J. Mallios, hereby verify that the statements made in the foregoing Answer 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.A. § 4904, relating
to unswom falsification to authorities.
DATED:
By:
Nickolas J. Mallios, Respondent
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In the Court of Common Pleas of Cumberland County, Pennsylvania
Orphans' Court Division
In Re:
Estate of Vasiliki Mallios, No. 2010-00790
deceased
CERTIFICATE OF SERVICE
On this 8th day of November, 2010, I, Thomas E. Flower, hereby certify
that I served a true and correct copy of the foregoing Answer, upon Elizabeth H.
Feather, Esquire, attorney for the Petitioner, by placing a copy of same in the
United States Mail, first class, postage prepaid, addressed as follows:
Elizabeth H. Feather, Esq.
Caldwell & Kearns, P.C.
3631 North Front Street
Harrisburg, PA 17110-1533
FLOWER LAW, LLC.
ey: \ 1 ~
Thomas E. Flower, Esquire
S. Ct. Id. #83993
10 W. High Street
Carlisle, PA 17013
(717) 243-5513
Attorneys for the Petitioner