HomeMy WebLinkAbout07-12-12IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
IN RE : ESTATE OF MARLIN
NO . 21-11- 6 8
L . MARSH a/k/a MARLIN C7
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LEROY
MARSH, late of South Middleton ,- ,
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Township, Cumberland County,
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Pennsylvania, deceased ~~~ ~ , ---
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ANSWER TO PETITION TO REMOVE MARL ROBERTS AS
FOR THE PERSONAL REPRESENTATIVES COUNSEL ~~
OF THE MARLIN L. MARSH EST ATE
1-11. Admitted.
12. This correspondence speaks for itself.
13. This correspondence speaks for itself.
14. This email speaks for itself.
15. Denied. Access to the contents of the estate file and to
counsel have always been available. To the extent that Ms. Kuhn did
not receive any such information, her own refusal to communicate is
solely responsible.
16. This email speaks for itself.
17. Denied. Access to the contents of the estate file and to
counsel have always been available. To the extent that Ms. Kuhn did
not receive any such information, her own refusal to communicate is
solely responsible.
18. This correspondence speaks for itself. Communications
directly with Ms. Kuhn became impossible when she was represented by
Mr. Baric. Appropriate communications were made with Mr. Baric.
19. This communication speaks for itself. An intention to
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withdraw appearance is mentioned, but no actual withdrawal is
confirmed.
20. This communication speaks for itself.
21. This communication speaks for itself.
22. This communication speaks for itself. Clearly Ms. Kuhn was
no longer accepting legal services from Attorney Roberts as she had
in the interim employed other counsel, discharged other counsel, and
not communicated in any way seeking to resume the attorney/client
relationship with Attorney Roberts.
23. Denied. This communication was never received. It is
believed that it was never sent.
24. This correspondence speaks for itself.
25. Denied. Ms. Kuhn was otherwise informed.
26. The undersigned is unfamiliar with Ms. Kuhn's activities in
retaining other counsel.
27. This correspondence speaks for itself.
28. This correspondence speaks for itself.
29. This correspondence speaks for itself.
30. Admitted.
31. No response required.
32. Conclusion of law. No response required.
33. Conclusion of law. No response required.
34. The correspondence speaks for itself.
35. Denied. Ms. Kuhn terminated the attorney/client
relationship.
36. Denied. Communication referenced was never received.
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37. Denied. Ms. Kuhn failed to avail herself to readily
available information.
38. Conclusion of law. No response required.
39. Denied. Access to the contents of the estate file and to
counsel have always been available. To the extent that Ms. Kuhn did
not receive any such information, her own refusal to communicate is
solely responsible.
40. Conclusion of law. No response required.
41. Such information was not provided to Ms. Kuhn directly, but
was provided to her co-administrator at the earliest meeting, which
Ms. Kuhn did not attend. Ms. Estill was designated as the
corresponding co-administrator due to her proximity to Attorney
Roberts' office.
42. Conclusion of law. No response required.
43. Denied. Ms. Kuhn was not then represented by Attorney
Roberts. She either had other counsel or was by her own choice
unrepresented by counsel.
44. Conclusion of law. No response required.
45. While this paragraph is denied for the reasons stated in
paragraph 43, in the interest of avoiding any appearance of
impropriety, Attorney Roberts has communicated to all interested
parties his decision to withdraw as counsel.
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46. Denied. Ms. Kuhn was otherwise notified.
Respectfully submitted,
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Marc Roberts, Esquire
Supreme Court ID 34355
149 East Market Street
York, PA 17401
(717) 843-1639
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
IN RE: ESTATE OF MARLIN NO. 21-11-68
L. MARSH a/k/a MARLIN LEROY
MARSH, late of South Middleton
Township, Cumberland County, .
Pennsylvania, deceased
VERIFICATION
I, Marc Roberts, do hereby verify that the facts set forth in
the foregoing pleading are true and correct to the best of my
personal knowledge or information and belief, and that any false
statements herein are made subject to the penalties of Section 4904
of the Crimes Code (18 Pa.C.S. Sec. 4904) relating to unsworn
falsification to authorities.
Date: July 10, 2012
Marc ob is
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
IN RE: ESTATE OF MARLIN NO. 21-11-68
L. MARSH a/k/a MARLIN LEROY .
MARSH, late of South Middleton
Township, Cumberland County, .
Pennsylvania, deceased .
CERTIFICATE OF SERVICE
I, Marc Roberts, Esquire, hereby certify that I have on the 10th
day of July, 2012, served the attached Answer by first class mail,
postage prepaid, upon the persons and to the addresses indicated
below:
Jason P. Kutulakis, Esquire
ABOM & KUTULAKIS
2 west High Street
Carlisle, PA 17013
Judy Ann Estill
2829 South Queen Street
Dallastown, PA 17313
Brenda Sue Slaybaugh
8 Thornhill Court
Carlisle, PA 17015
Marc Roberts, Esquire