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HomeMy WebLinkAbout04-03-13 ESTATE OF FLORENCE M. FASICK, IN THE COURT OF COMMON PLEAS OF DECEASED CUMBERLAND COUNTY, PENNSYLVANIA APPEAL FROM PROBATE BY ORPHANS' COURT DIVISION ELIZABETHTOWN COLLEGE FILE NO. 21-12-0271 RESPONSE OF NURSING FOUNDATION OF PENNSYLVANIA TO THE PETITION OF APPEAL BY ELIZABETHTOWN COLLEGE FROM PROBATE OF DECEDENT'S AUGUST 5,2011 WILL The Nursing Foundation of Pennsylvania, by its counsel, P. Daniel Altland, Esquire, responds to the Petition of Elizabethtown College as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. n z g °� Z0 � C> 7. Admitted. M _ C 8. Admitted. C-> 9. Admitted. ° CD 10. Admitted. -tea "' ©*s 11. Admitted. 12. Denied. Respondent is without sufficient knowledge or information to respond to the averments, which are, therefore, deemed denied. 13. Denied. Respondent is without sufficient knowledge or information to respond to the averments, which are,therefore, deemed denied. 14. Admitted. 15. Denied. Respondent is without sufficient knowledge or information to respond to the averments, which are, therefore, deemed denied. 16. Admitted. 17. Denied. Respondent is without sufficient knowledge or information to respond to the averments, which are, therefore, deemed denied. 18. Denied. Respondent is without sufficient knowledge or information to respond to the averments, which are, therefore, deemed denied. 19. Denied. Respondent is without sufficient knowledge or information to respond to the averments, which are, therefore, deemed denied. 20. Denied. Respondent is without sufficient knowledge or information to respond to the averments, which are, therefore, deemed denied. 21. Denied. Respondent is without sufficient knowledge or information to respond to the averments, which are, therefore, deemed denied. 22. Denied. Respondent is without sufficient knowledge or information to respond to the averments, which are, therefore, deemed denied. 23. Denied. Respondent is without sufficient knowledge or information to respond to the averments, which are, therefore, deemed denied. 2 24. Denied. Respondent is without sufficient knowledge or information to respond to the averments, which are, therefore, deemed denied. 25. Denied. Respondent is without sufficient knowledge or information to respond to the averments, which are, therefore, deemed denied. 26. Denied. Respondent is without sufficient knowledge or information to respond to the averments, which are, therefore, deemed denied. 27. Denied. Respondent is without sufficient knowledge or information to respond to the averments, which are, therefore, deemed denied. 28. Denied. Respondent is without sufficient knowledge or information to respond to the averments, which are, therefore, deemed denied. 29. Denied. Respondent is without sufficient knowledge or information to respond to the averments, which are, therefore, deemed denied. 30. Denied. Respondent is without sufficient knowledge or information to respond to the averments, which are, therefore, deemed denied. 31. Denied. Respondent is without sufficient knowledge or information to respond to the averments, which are,therefore, deemed denied. 32. Denied. The Will of Florence M. Fasick dated August 5, 2011, indicated a change in her intent to bequeath the bulk of her estate to Elizabethtown College. 33. Admitted. 34. Admitted in part and denied in part. It is admitted that the 2011 Will leaves 10% of Mrs. Fasick's residual estate to the College. The Will also makes three (3) specific bequests and three (3) other residuary bequests. The 2011 Will speaks for itself. 3 35. Admitted in part and denied in part. It is admitted that the 2011 Will leaves 50% of Mrs. Fasick's residual estate to Peter Montgomery. The Will also makes three (3) specific bequests and three (3) other residuary bequests. The 2011 Will speaks for itself. 36. Admitted. 37. Admitted. 38. Admitted. The 2011 Will and 2009 Will speak for themselves. 39. Admitted. 40. Denied. The averments of Paragraph 40 constitute conclusions of law to which no response is required. 41. Denied. The averments of Paragraph 41 constitute conclusions of law to which no response is required. To the extent a response is deemed necessary, it is specifically denied that Mrs. Fasick had a weakened intellect at the time of executing the 2011 Will. 42. Denied. The averments of Paragraph 42 constitute conclusions of law to which no response is required. To the extent a response is deemed necessary, it is specifically denied that Mrs. Fasick was unduly influenced to change her Will. 43. Denied. The averments of Paragraph 43 constitute conclusions of law to which no response is required. To the extent a response is deemed necessary, the averments of Paragraph 43 are specifically denied. 44. Denied. The averments of Paragraph 44 constitute conclusions of law to which no response is required. To the extent a response is deemed necessary, the averments of Paragraph 44 are specifically denied. 4 45. Denied. The averments of Paragraph 45 constitute conclusions of law to which no response is required. To the extent a response is deemed necessary, the averments of Paragraph 45 are specifically denied. 46. Admitted. WHEREFORE, The Nursing Foundation of Pennsylvania respectfully requests that the Petition of Appeal by Elizabethtown College be dismissed with prejudice. Respectfully submitted, By. n(Z amLj a(d;� P. Daniel Altland, Esquire Sup. Ct. I.D. No. 25438 350 S. Sporting Hill Road Mechanicsburg, PA 17050 (717) 730-6260 - Phone (717) 730-6207 - Fax Attorney for The Nursing Foundation of Pennsylvania Date: April 2, 2013 5 VERIFICATION I,BETSY SNOOK,RN,MEd,BSN,CEO,on behalf of The Nursing Foundation of Pennsylvania, in the foregoing action execute this Verification;have read the foregoing document and to the extent that it contains facts supplied by me,they are true and correct to the best of my personal knowledge,information and belief;however,to the extent that the foregoing document and/or its language is that of counsel, I have relief upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. The Nursing Foundation of Pennsylvania BY: 139TSY SN OK,RN,MEd,BSN, CEO 6 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage,prepaid, as follows: Debra P. Fourlas, Esquire Kendra McGuire, Esquire McNees, Wallace &Nurick McNees, Wallace &Nurick PO Box 1166 570 Lausch Lane, Suite 200 Harrisburg, PA 17108-1166 Lancaster, PA 17601 Michael T. Foerster, Sr. Deputy Attorney General Virginia Bone Charitable Trusts and Organizations Section 126 Clearview Drive Pennsylvania Office of Attorney General Camp Hill, PA 17011 14th Floor, Strawberry Square Harrisburg, PA 17120 Marianna Davis Marcia M. Montgomery 2300 Dulaney Valley Road, Apt. C004 6 Redwood Court Timonium, MD 21093 Camp Hill, PA 17011 Bethesda Mission Peter Montgomery 611 Reilly Street c/o David R. Galloway, Esquire Harrisburg, PA 17102 54 East Main Street Mechanicsburg, PA 17055 James D. Bogar, Esquire One West Main Street Shiremanstown, PA 17011 Date: April 2, 2013 ,/ R P. Daniel Altland, Esquire 7