HomeMy WebLinkAbout06-15-15 1
t V
Lenora M.Smith, Esquire
P.O. Box5154
Harrisburg, Pa. 17110 c rrri
o n a
r� r= te
717-234-1688
c�
=3 -,1
IN THE CIURT OF COMMON PLEAS �= —
OF CUMBERLAND COUNTY,PENNSYLVANIA
ORPHAN'S COURT DIVISION
IN RE: PEARL I. HICKS,
AN INCAPSITATED PERSON NO: 21-14-1039
ERIC L. HICKS' REPONSE TO THE PETITION FOR APPOINTMENT OF GUARDIAN FOR THE LIMITED PURPOSE
OF SELLING REAL ESTATE PETITION ER JOINLY OWNS WITH AN INCAPSITATED PERSON
And now comes Eric L Hicks, by and through his attorney,Lenora M.Smith,who files the
following response to the PETITION FOR APPOINTMENT OF GUARDIAN FOR THE LIMITED PURPOSE OF
SELLING REAL ESTATE PETITION ER JOINLY OWNS WITH AN INCAPSITATED PERSON and in support
submits the following:
1. Admit;
2. Admit;
3. Admit;
4. Admit;
5. Admit;
6. Cannot admit or deny because Respondent Eric L. Hicks has never received a copy of the
report;therefore the information is solely in the possession of Petitioner;
7. Admit;
8. Admit;
9. Admit;
10. Admit;
11. Denied. It is denied that said meeting was scheduled at the property. By way of further
answer said meeting was scheduled at the real estate office.Additionally,two weeks after
the meeting of the Parties at the real estate office, Respondent Eric Hicks discovered a lot of
condensation at the property.The ceiling had not collapsed;
12. Admit;
13. Denied. It is denied that when Marcy Robinson when he would be available to sign the
disclosure statement,his response was"Don't call me, I'll call you"And strict proof to the
contrary is demanded at a hearing on the matter;
14. Admit in part;denied in part; It is admitted that respondent Eric Hicks was unable to meet
with the Petitioner and the real estate agent due to the fact that he was unable to get off of
work; It is denied that the individuals were to meet at the subject property but in fact had
agreed to meet at the realtor's office and strict proof to the contrary is demanded at a
hearing on the matter;
15. After reasonable investigation,respondent Eric Hicks cannot admit nor deny the averments
in paragraph fifteen of Petitioner's Petition because the information is solely in the
possession of the Petitioner;
16. Denied; It is denied that Petitioner has left numerous messages on Eric hicks'cell phone
since April 20,2015 asking for his assistance in signing the Disclosure Statement so that the
property can be sold;
17. Admit in Part;denied in part; Marcy Robinson left a message to meet to set up the April 20,
2015 date. It is denied that she has left any messages to set up a time since then;
18. No answer required as the averments in paragraph 18 of the petition state a conclusion of
law to which no answer is required;
19. No Answer required as the averments in paragraph 19 state a conclusion of law to which no
answer is required;
20. Admit; It is admitted that Eric Hicks has not moved in;However, respondent Hicks is unable
to admit or deny Petitioner's belief of the Court's intent as to what respondent Hicks was
suppose to do with regard to marketing the property if he was not going to move in the
property;
21. Denied. It is denied that respondent Hicks has intentionally refused to cooperate with the
sale of the property; It is further denied that the sale of the property is contrary to any
intent that Eric Hicks has to move into the property;the remaining averments in paragraph
21 of the Petition state a conclusion of law to which no answer is required;
22. NO answer required as the averments in paragraph 22 of the Petition state a conclusion of
law to which no answer is required;
Wherefore it requested that the Court deny the request of the within Petition and
dismiss same. Ile
Date: Respectfully Submitted,
Lenora M.Smith, Esquire
For Eric L. Hicks
VERIFICATION
I, Lenora M. Smith, Esquire, verify that the statements made in the forgoing are true and
correct to the (best of my knowledge, information and belief. I am authorized to respond based
on information provided by Eric L. Hicks , and in my capacity as counsel. I understand that my
statements therein are made subject to the penalties of 18 Pa. C. S. A' 4904 relating to
unsworn falsification to authorities.
Date: S I
Lenora M. Smith, Esquire
CERTIFICATE OF SERVICE
I, Lenora M Smith, Esquire, hereby certify that I have on the 15th day of June, 2015, served a
true and correct copy of the within Complaint on the persons named below in the following manner:
First Class Mail-
Shaun O'Toole Robert P. Kline
220 Pine ST. 714 Bridge St
Harrisburg, Pa. 17101 New Cumberland, Pa. 17070
Attorney for Petitioner Attorney for Pearl L. Hicks
,J�
By: , �i,,;�"'
Lenora M.Smith, Esquire
Attorney I. D.#:22607
1205 North Second Street
Harrisburg, PA 17102
(717)234-1688