HomeMy WebLinkAbout08-21-06
IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-06-0145
ESTATE OF DALE A. BRITTEN
ORPHAN'S COURT DIVISION
REPLY TO PETITION FOR REMOVAL
AND NOW, comes Judy S. Britten, Executrix of the Estate of Dale A. Britten, by
the attorneys, O'Brien, Baric & Scherer, and responds as follows:
1. Admitted, by way of further response the Respondent incorporates all
statements in the Reply To Show Cause filed March 28,2006 in all paragraphs herein.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Respondent denies that her personal interests conflict with her fiduciary
responsibilities and proof of the Petitioner's averment is demanded at the time of
hearing.
8. Respondent's Father had executed a Power of Attorney authorizing
Respondent as his Agent on May 6, 1999, well before he was "sick and dying".
9. Respondent never assumed legal responsibility over her Father as he.was
competent to manage and continued to manage his affairs, until his death.
10. Respondent incorporates the response in Paragraphs 1 and 9 and
specifically denies that she transferred her Father's assets to herself, or to account~
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held jointly with her Father.
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11. Respondent denies that she breached her fiduciary duty and incorporates
her responses in Paragraphs 1,9 and 10 herein.
12. Respondent incorporates her responses in paragraphs 1, 9 and 10 herein.
13. Respondent denies that her interests conflict with her responsibilities to
administer the estate.
14. The Paragraph states a legal conclusion to which no response is required.
15. The Paragraph states a legal conclusion to which no response is required.
16. Admitted.
17. The Paragraph states a legal conclusion to which no response is required.
18. Respondent incorporates her responses in paragraphs 1, 9 and 10 herein.
19. All inter vivos transfers were done by Respondent's father when he was
fully competent.
20. Respondent incorporates her responses in paragraphs 1, 9 and 10 herein.
21. The Paragraph states a legal conclusion to which no response is required.
22. Respondent does not wish to relinquish the responsibilities entrusted to
her by her Father.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
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Robert L. O'Brien, Esquire
1.0. # 28351
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
ROB\Estates\Britt\Reply to Petition to Remove
VERIFICA liON
I verify that the statements made in the foregoing Reply To Petition For Removal are
true and correct to the best of my knowledge, information and belief. I understand that false
s.tatements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to
unsworn falsification to authorities.
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Judy $: Britten
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