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HomeMy WebLinkAbout02-19-13Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) IN RE: THE ESTATE OF GLADYS M. OWENS, Deceased © ..,~ c"' m M ~ -p !~i S"~ ~ C3 rn z ca ~° b r u~ v~ ~ --~ ~ z m (n ~'3 ~,,,, to r~ r----, ~ ~ ~ x • IN THE COURT OF COMMONcP~1 • i C7 ~ --~ ,~ , . CUMBERLAND COUNTY, PEN,,VANI~ ~,,., -o r-- ~- ~ to o • c~ `~ ORPHANS COURT DIVISION NO. 21-11-1255 IN RE: ANSWER OF ESTATE OF GLADYS M. OWENS TO PETITION OF ROSE M. NEIDIG FOR EVICTION OF TENANT FROM ESTATE REAL PROPERTY, AND FOR ATTORNEY'S FEES Respondent, the Estate of Gladys M. Owens, Carmella Colban, Executrix, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Answer with New Matter to the Citation and Rule issued by the January 29, 2013 Order of Court of the Honorable Thomas A. Placey, respectfully stating as follows: 1. Admitted. 2. Admitted. 3. Admitted with clarification. The "tenant" was a family friend of the decedent who helped the decedent in her final days. By way of further answer, Petitioner has a hostile relationship with the tenant. 4. Admitted with clarification. To the best of respondent's recollection, representations to the Court included statements that the tenant still maintained several items of personal property (bedroom set) in the decedent's residence which required future visits to the residence to secure certain personal property. 5. Admitted. 6. Admitted. 7. Denied, and strict proof thereof demanded at hearing. By way of further answer, the tenant moved to an adjacent property with the decedent's granddaughter leaving only minor items of the tenant's personal property in the residence for a few days until it could be relocated. 8. Denied, and strict proof thereof demanded at hearing. By way of further answer, Petitioner and former tenant have experienced personal conflicts beyond the scope of this proceeding resulting in unwarranted animosity between tenant and Petitioner, thereby dragging the Estate administration into personal conflicts between Petitioner and former tenant. 9. Denied and strict proof demanded thereof at hearing. By way of further reply, the allegations submitted by Petitioner are gross exaggerations and misstate the circumstances to the court which impair judicial economy and estate administration, leading to unnecessary attorney fees and costs to the Estate. 10. Denied, and strict proof demanded thereof at hearing, at final accounting. By way of further answer, the underlying petition seeks to disrupt ordinary and customary estate activities prior to a final informal or formal accounting G for no purpose beneficial to estate administration. Petitioner's animosity towards the former tenant and Petitioner's objection to the Executrix's decision to permit the former tenant to remain in the decedent's residence until prior to the December hearing should have been raised as part of the final formal or informal accounting so as to minimize counsel fees to the Estate and to recognize judicial economy. 11. Admitted in part/Denied in Part. It is admitted that Petitioner, once again, seeks to raise issues prior to the formal final accounting process thereby raising issues in untimely fashion in self-supporting action. The remaining allegations are denied and strict proof thereof demanded at hearing. NEW MATTER 12. Paragraphs 1 - 11 are hereby incorporated by reference. 13. Petitioner Rose M. Neidig and the former tenant have a history of conflict and "contentious behavior" within their personal relationship due to the mutual affection between the decedent and the former tenant. 14. Following the death of the decedent, the former tenant provided reasonable rent to the estate and provided a physical presence within the property during estate administration. 15. Petitioner's repeated and continuing filing of actions 3 before the Court serve to cost the Estate additional attorney fees in piecemeal litigation which are customarily and appropriately addressed as part of a final accounting. 16. Petitioner's unfounded accusations, untimely filings and personal objectives waste judicial resources and do not serve the interests of judicial economy, estate administration and other beneficiaries. 17. Petitioner's personal attacks on the Executrix Carmella Colban stem from relationship difficulties since the parties were youth and sibling rivalry many years prior to the instant estate administration. 18. Respondent, Carmella Colban, Executrix of the Estate, has expended substantial time, labor, money and effort in maintaining and improving the decedent's residence since the death of the decedent. 19. Petitioner has repeatedly disagreed with other beneficiaries as to matters of estate administration. 20. Petitioner filings are premature, inaccurate, false and seek relief contrary to the interests of the Estate and other beneficiaries. 21. The Estate of Gladys M. Owens has incurred additional counsel fees in the amount of $150.00 per hour as a result of answering the pleadings filed and appearing in court to address issues which are customarily resolved at the end of estate 4 administration. WHEREFORE, the Estate of Gladys M. Owens, Carmella Colban, Executrix, respectfully requests dismissal of the underlying Petition for contempt, and further requests surcharge against Petitioner Rose M. Neidig in an amount exceeding $750.00 as result of her repeated unwarranted interference with Estate administration together with any other just and lawful relief, and additional costs and expenses incurred by the Executrix. Respectfully submitted, .~ F~ d p f 1 i ,P j~ S~ ~r ~,,. An rew C. Sheely, Esqui e Attorney for Estate of Gladys M. Owens, Carmella Colban, Executrix Date: February ~g 2013 5 VERIFICATION I verify that the statements made in this Answer and New Matter are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: February ~$ 2013 Carmelia Colban, Executrix, Estate of Gladys M. Owens CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the attached Answer and New Matter upon the following named individuals this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Anthony T. McSeth, 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 x,. Date: February ~, 2013 Andrew C. Sheely, At orney at Law