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HomeMy WebLinkAbout10-10-12 Pyfer, Straub, Gray & Farhat, P.C. Sandra Edwards Gray, Esquire Attorney ID. # 39127 128 North Lime Street Lancaster, PA 17602 (717) 299-7342 ORiG1NAL 1N THE ORPHANS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW rn c~ ca rr~ ~~ ~ .., ~ ~ <-:~ ~, _„ -,-~ -n =_ c i rn ~~ 1. Admitted. However, it is noted that for reasons known only to her, Ms. Basehore did not attach a copy of the Power of Attorney to the Petition. It is requested that your Honorable Court direct Ms. Basehore to submit a copy of the Power of Attorney at trial. 2. Admitted. However, by way of additional information, it is noted that Emily Jane Miller resided with her daughter, Lori Miller, at her own home until July 22, 2012, when Wendy Basehore and her husband, and Jeffrey Miller and his wife, Christine Miller, surreptitiously removed Emily Jane Miller from her residence. 3. Admitted in part. It is noted that for reasons known only to them, your Petitioners have omitted Emily Jane Miller's brother, namely Charles Melvin Cobaugh. Mr. Cobaugh resides at 746 Turnpike Road, Elizabethtown, Pennsylvania. 4. Admitted in part. However, the following is noted: -- The assessed value is not necessarily an accurate value of a residence in Lancaster County. 1 r~ O IN RE: EMILY JANE MILLER No. 21-12-0956 ~ ~- , ~ ~c„` o . ,_., -- For reasons known only to them, your Petitioners have omitted a box of coins. It is requested that your Honorable Court direct your Petitioners to account for what they have done with the box of coins. 5. It is admitted that it would appear that your Petitioners' addition is correct. However, there is no mention or accounting for the coins. 6. Admitted. 7. Admitted. 8. A legal conclusion to which no response of pleading is required. 9. Your Respondent has no basis with which to form a belief as to the truth or falsity of this statement and strict proof thereof is demanded at trial. 10. No response of pleading is required. 11. It is believed that Wendy Basehore may have the Power of Attorney. However, for reasons known only to her, and perhaps her Counsel, the Power of Attorney was not attached to the Petition. Hence, it is requested that your Honorable Court direct Ms. Miller to produce the actual Power of Attorney at the time of trial. 12. Your Respondent has no basis with which to form a belief as to the truth or falsity of this statement and strict proof thereof is demanded at trial. 13. Admitted. 14. Admitted. 15. No response of pleading is required. However, it is noted that your Petitioners have proposed that Keystone Elder Law, P.C., be the mediators. Respondent believes and therefore avers that Keystone Elder Law, P.C., and each of the Petitioners, may have an ulterior motive. 2 16. No response of pleading is required. It is noted that Respondent does not object to Wendy Basehore being appointed Guazdian of the Estate for Emily Jane Miller. However, she strongly objects to Christine Miller being appointed Guardian of the Person because Christine Miller and her husband, and Wendy Basehore and her husband, have attempted to alienate Emily Jane Miller from Respondent. It is noted that Respondent has been the primary caregiver for Emily Jane Miller since July, 2006. It is also believed and therefore averred, based on her prior actions, that Christine Miller will alienate and isolate Emily Jane Miller from Respondent, who has been her caretaker for many years. 17. No response of pleading is required. WHEREFORE, Lori Miller would respectfully request your Honorable Court enter an Order as following: -- Appointing a Guardian for the Estate of Emily Jane Miller. -- Appointing a neutral person as Guardian for the Person of Emily Jane Miller. -- Granting any other relief the Court deems appropriate under the circumstances. Respectfully submitted, Pyfer, Gray, Straub & Farhat, P.C. B ~~~~~ Y• Sandra Edwazds Gray, Esquire Attorney I.D. No. 39127 128 North Lime Street Lancaster PA 17602 (717) 299-7342 3 VERIFICATION I verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. on Miller Date 4 CERTIFICATE OF SERVICE I hereby certify that I have this ~_ day of M1nY~eY' , 2012, served the foregoing Response to Petition for Adjudication of Incapacity upon the person and in the manner indicated below, which service satisfies the requirement of Pa. R.C.P. 440. Service by facsimile and First Class Mail, as follows: David D. Nesbitt, Esquire Keystone Elder Law, P.C. 555 Gettysburg Pike Mechanicsburg, PA 17055 John J. Mangan, Esquire 17 West South Street Carlisle, PA 17013 Pyfer, Straub, Gray & Farhat, P.C. By: Sandra Edwards Gray, Esquire Attorney ID. No. 39127 5