HomeMy WebLinkAbout10-03-12C'>
Andrew C. Sheely, Esquire ~ ~'
127 S. Market Street ~
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P.O. Box 95 ~7~ ,,
Mechanicsburg, PA 17055 ~
PA ID NO. 62469 ~~.'
717-697-7050 (Phone)
717-697-7065 (Fax) ~- `~
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IN RE: THE ESTATE OF IN THE COURT OF COMMON PLEA~~~F
GLADYS M. OWENS CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
N0. 21-11-1255
ANSWER OF ESTATE OF GLADYS M. OWENS TO PETITION
FOR ROSE M. NEIDIG TO REMOVE CARMELLA COLBAN AS
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EXECUTRIX OR, IN THE ALTERNATIVE, TO COMPEL ADMINISTRATION WITH
RESPECT TO THE DECEDENT'S REAL ESTATE
Respondent, the Estate of Gladys M. Owens, Carmella Colban,
Executrix, by and through counsel of Andrew C. Sheely, Esquire,
hereby files this Answer to the Citation and Rule issued by the
September 14, 2012 Order of Court of the Honorable Thomas A.
Placey, respectfully stating as follows:
1. Admitted.
2. Admitted.
3. Admitted with clarification. The Last Will and
Testament of the decedent appointed Carmella Colban as the
Executrix, directed that Carmella Colban perform Estate
administrative duties, including those specific administrative
duties as provided by paragraph 3 of the decedent's Last Will
and Testament.
4. Admitted.
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5. Denied. The allegations set forth in paragraph 5 are
conclusions of law to which no response is necessary. To the
extent a response is due, Respondent Estate of Gladys M. Owens
believes and therefore avers that it has sought to administer
the Estate in accordance with the laws of the Commonwealth of
Pennsylvania so as to protect Estate assets and minimize income
losses during Estate administration.
6. Denied, and strict proof thereof demanded at hearing.
To the contrary, Executrix Carmella Colban, prepared the
decedent's real estate for sale (i.e. cleaning, painting and
general repair), listed the decedent's real estate for sale with
a licensed realtor in the Conunonwealth of Pennsylvania and
complied with the listing agreement for a period of six (6)
months which expired on or about August 17, 2012. See Exhibit
"A". By way of further response, the tenant. of the deceased,
Beverly Martinez, was permitted to remain in the decedent's real
estate through the term of tine li_at.ing agreement for an amount
of $300.00 per month for rent to offset certain costs and taxes,
and provide a resident for the unoccupied property.
7. Denied. To the contrary, Executrix Carmella Colban,
prepared the decedent's real estate for sale (i.e. cleaning,
painting and general repair), listed the decedent's real estate
for sale with a licensed realtor in the Commonwealth of
Pennsylvania and complied with the listing agreement for a
period of six ( 6 ) months wh..~.ch expired on or about August 17,
2012. By way of further response, Executrix Carmella Colban
contemplated re-listing the property with another real estate
agent or attempting to sell the decedent's real estate public
auction or otherwise until receipt of the underlying petition.
8. Admitted in Part/Denied in Part. It is admitted that
the tenant, Beverly Martinez, at the request of Petitioner,
resided with the decedent through her death and that Beverly
Martinez became a family friend of the decedent. It is further
admitted that the tenant Beverly Martinez paid the Estate rent
in the amount of $300.00 per month (twice the amount of rent
paid to the decedent) and that the tenant assisted with certain
expenses and cleaning of the house after the decedent's death.
The remaining allegations are denied and strict proof thereof
demanded at hearing.
9. Denied, and strict proof thereof demanded at hearing.
Executrix Carmella Colban is without sufficient information to
form an opinion as to whether or not the fair market rental
value of the decedent's residence is equal to $500.00 a month,
and therefore the allegations are denied, strict proof thereof
demanded at hearing.
10. The allegations contained in paragraph 10 are
conclusions of law or requests for relief to which no response
is required. To the extent a -response is required, Executrix
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Carmella Colban has provided the decedent's heirs with periodic
updates on the status of Estate administration, filed a
Pennsylvania Inheritance Tax return, paid the required
inheritance taxes, and maintained expenses associated with
Estate administration. By way of further answer, the Executrix
desires to sell the decedent's residence as soon as possible for
the highest amount possible.
11. Denied, and strict proof thereof demanded at hearing.
As set forth above, the listing agreement for the sale of the
real estate through Coldwell Banker, a licensed Pennsylvania
Real Estate agency, terminated on August 17, 2012. Executrix
Carmella Colban desires to relist the property for sale, attempt
to sell the real estate at auction or sell the property
privately in accordance with authority of the decedent's Last
Will and Testament.
12. Denied, and strict proof thereof demanded at hearing.
To the contrary, the actions taken by Executrix Carmella Colban
were authorized by the decedent's Last Will and Testament and
were intended to maximize the sale value of the decedent's
residence and minimize losses through litigation, a vacant home
and ongoing utility expenses incurred while the decedent's real
estate remained on the market.
WHEREFORE, the Estate ~:f Gladys M. Owens, Carmella Colban,
Executrix, respectfully requests dismissal of the underlying
Petition to remove Carmella Colban as Executrix of the Estate,
and further, and further direct the sale of the real estate
through a public auction, with or without Court approval, prior
to final settlement.
Respectfully submitted,
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d4~Idrew C . Shee lycc....~~__ qu e ~ ~~
Attorney for Estates of
Gladys M. Owens, Carmella Colban,
Executrix
Date: October 2, 2012
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VERIFICATION
I verify that the statements made in this Answer are true
and correct. I understand that false statements herein are made
subject to penalties of 18 Pa.C.S.A. Section 4904, relating to
unsworn falsification to authorities.
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Date : October 2 012 ~~.. ~~.'~..~°-~- ~~ ~'" ~-
Carmella Colban, Executrix,
Estate of Gladys M. Owens
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Colc~well Banker Select Professionals
SELECT
PROFESSIONALS
RELEASE OF LISTING CONTRACT
We, the undersigned, mutually agree to Seller(s) request for a release from Coldwell Banker Select
Professionals from further contractual obligations of the Exclusive Right to Sell Agreement
for the Sale of Real Estate dated August 17 , 20 12 ,for the property located at
207 E. Locust Street Mechanicsburg Pa, 17055
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Agent " Seller Date
Agent Seller
Agent
Seller
Date
ate
Broker's Approval Date
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CERTIFICATE OF SERVICE
I, Andrew C. Sheely, Esquire, rereby certify that I am this
day serving the attached Answer upon -the following named
individual this day by depositing same :in the United States
Mail, First Class, postage prepaid, at Mechanicsburg,
Pennsylvania, addressed as follo~rs:
Anthony T. McBeth, Esquire,
Attorney for Rose M. Neidig
407 North Front Street
Harrisburg, PA 17101
Phyllis A. Henneman
111 Fairway Drive
Carlisle, PA 17015
Holly Owens
206 East Emaus Street
Middletown, PA 17057
Joseph C. Owens Jr.
13 Heathglen Road
Middletown, PA 17057
Date: October ~ 2012
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