Loading...
HomeMy WebLinkAbout06-20-111N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ESTATE OF DAVID H. CLOUSER ORPHAN'S COURT N0.21-2009-0204 n f-ti , RESPONDENT'S ANSWER TO PETITION ~~ ~? ~^ , , f71 ~ c .. C: , r j o 1. Admitted. ~ ~^ ~ ,-, ~ ,.-. ,` ~ 2. Admitted. ~~' ~ o ~~ C ~'° -.'i.. - ~ ~ ~~ -r• ~7 -~ ---- 3. Admitted. ~' ~ f ~'~ Q ~~: PERMISSION TO SELL ASSETS/CONTRIBUTE TO STORAGE FEES 4. Paragraphs 1 through 3 are incorporated by reference as if set forth at length. 5. Admitted. 6. Admitted. Further, with regard to payment to Mr. Foote, Respondent paid her share "out of pocket". 7. Denied. Respondent is without sufficient knowledge, information or belief following reasonable investigation to either affirm or deny this allegation and strict proof thereof is demanded at time of trial. Respondent further requests that Petitioner provide an account of the Estate Account. 8. Denied. Respondent is without sufficient knowledge, information or belief following reasonable investigation to either affirm or deny this allegation and strict proof thereof is demanded at time of trial. By further answer, lease payments for the storage units were significantly less prior to Petitioner altering the lease with the storage landlord and depriving Respondent access to the storage units. 9. Denied. Respondent is without sufficient knowledge, information or belief following reasonable investigation to either affirm or deny this allegation and strict proof thereof is demanded at time of trial. Prior to the time of filing this Petition, Petitioner has refused to inventory these assets, let alone sell them. 10. Denied. Petitioner rarely worked with his father. 11. Admitted in part, denied in part. While it is admitted that an auction of certain estate assets would help to raise funds for the estate and remove the expense of storage space required by the estate, it is denied that only certain estate assets should be sold as opposed to all of the estate assets. It is further denied that Petitioner can legally do this without advice and consent of Respondent who has tried for more than one (1) year to have Petitioner agree to sell items. WHEREFORE, Respondent, Debra Houseman, prays that this Honorable Court would direct both Petitioner and Respondent to inventory and sell all estate assets at auction. PETITION TO ENFORCE RENTS 12. Paragraphs 1 through 11 are incorporated by reference as if set forth at length. 13. Admitted. By way of further answer, Respondent has paid both property taxes and insurance premiums until insurer discontinued coverage. 14. Admitted. Byway of further answer, Respondent has been denied the peaceful and quiet enjoyment of the property due to the rooms being full of estate assets which Respondent has requested on numerous occasions to be removed from the house. Further, Respondent has spent $1,300.00 of her own monies for the removal of a tree which had rotted and presented a danger to the house. Additionally, Respondent paid $694.00 to repair the furnace and replace a smoke pipe as directed by UGI. Therefore, Plaintiff has expended $1,994.00 for expenses which were estate expenses. In addition, she has not had the use of the premises due to the large accumulation of estate assets that remain on the property. 15. Denied. Any legal fees incurred by Petitioner are the result of the Petitioner's own obdurate and vexatious behavior in this case. 16. Denied. For the reasons set forth in Paragraph 14, this allegation is denied. 17. Admitted. WHEREFORE, Respondent, Debra Houseman, prays that this Honorable Court will not require Respondent to pay this rent in light of the other expenses and lack of quiet enjoyment of the property as mentioned herein. Respectfully submitted, R. Mark Thomas, Esquire Attorney 41301 101 South Market Street Mechanicsburg, PA 17055 Telephone: 717-796-2100 Email: rnlarkthomasna,gmail.com 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 unsworn falsification to authorities. Date:.5 ~ I ~ ~ I ! lJ~_ Debra A. Houseman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ESTATE OF DAVID H. CLOUSER ORPHAN'S COURT N0.21-2009-0204 CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I have served a true and correct copy of the Answer upon the following person by depositing the same in the United States mail, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Michael O. Palermo, Jr., Esquire 17 West South Street Carlisle, PA 17013 Respectfully submitted, Dated: June ~, 2011 R. Mark Thomas, Esquire