HomeMy WebLinkAbout03-08-13REGIS" ~~~ (3i`
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS''~~ D~/1~1~N
IN RE THE ESTATE OF GLADYS M. OWENS, CLER ~: C"
Deceased ORPh{aNS':t;~~ ~1O. 21-11-1255
CUMBERL~h~ ~f~., -ra
REPLY OF ROSE M. NEIDIG TO NEW MATTER RAISED IN CONNECTION WITH
PETITION FOR EVICTION OF TENANT
12. The facts set forth in paragraphs one through eleven of the Petition are incorporated
herein by reference.
13. Admitted in part and denied in part. It is admitted that Petitioner did not have a
good relationship with the tenant. The major reason for the lack of a good relationship was
the tenant taking advantage of the Decedent, Petitioner's mother, and not paying fair
market value for rent. Apart from that, Petitioner's relationship with the tenant is irrelevant.
14. Denied. The rent was not reasonable and the tenant's "physical presence" served
no purpose that furthered the estate.
15. Denied. On the contrary, the Petitioner has made two filings. The first resulted in
a hearing on December 13, 2012, and the Order that resulted therefrom produced the first
and only meaningful progress toward sale of the Decedent's house, the Decedent's
primary asset; had that matter not been filed, Petitioner believes and therefore avers that
the Executrix would have made no meaningful effort toward sale and would have continued
to allow the tenant to live in the Decedent's home in exchange for rental that was below
market value. The second petition was filed directly as a result of the Executrix's willful
falsehood provided directly to the Court on December 13, 2012, a circumstance that
Petitioner believes deserves attention from the Court.
16. Denied. Averment Number 15 is incorporated herein by reference.
17. Denied. The response to paragraph 15 is incorporated herein by reference.
Furthermore, any "rivalry" was exacerbated by the Executrix, who estranged herself from
her father for many years after the Decedent remarried.
18. Denied. The only direct expenditure of which we are aware is an expenditure for
cleaning of carpet, along with whatever commission was paid to the auctioneer as a result
of a November, 2012 public sale; in fact, Petitioner believes and therefore avers that the
public sale would not have been held but for the Petitioner's filing of her first petition.
19. Denied as stated. The statements in Averment Number 15 are incorporated
herein by reference.
20. Denied. To the extent that this presents anything susceptible of a response, it is a
conclusion of law to which no response is required.
21. Denied. With respect to fees that the Estate has incurred, those fees should not be
chargeable to the Estate and should be chargeable directly to the Executrix in that it is her
actions that have precipitated your Petitioner's filings; your Petitioner will address that
matter in more detail with respect to the first accounting provided by the Executrix.
WHEREFORE, Petitioner requests this Honorable Court to the relief requested in
her Petitioner for Eviction, and to provide any other relief the Court deems appropriate.
3
Date
~+cfi~hony T. Mc th, E3q.
Attorney for P ti ner
407 North Front Street, First Floor
Harrisburg, PA 17101
(717) 238-3686
Supreme Court I.D. # 53729
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02/2"0/201 'S:5' tt1406 P. 004/004
VERIFICATION
I, Rose M. Neidig, Petitioner, in the foregoing action, verify that the facts set forth
in the attached document are true and correct to the best of my knowledge, information
and belief. 1 so state subject to the penalties of 18 Pa. C. S. §4904 (relating to unsworn
falsification to authorities). ~~
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