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IN THE PROBATE COURT OF FANNIN COUNTY

STATE OF GEORGIA
IN RE:

ESTATE NO.: 15-48

ESTATE OF JAMES LLOYD BASS


PERSONAL REPRESENTATIVES MOTION TO DISMISS
AND
PERSONAL REPRESENTATIVES RESPONSE TO DAVID J. FARNHAMS MOTION
TO DESIGNATE A NEW PERSONAL REPRESENTATIVE
FOR THE ESTATE OF JAMES LLOYD BASS
COMES NOW DENISE SALERNO, Personal Representative for the Estate of James
Lloyd Bass, hereinafter Personal Representative, and files her Motion to Dismiss, and
responds to David J. Farnhams, hereinafter Farnham, Motion to Designate a New Personal
Representative for the Estate of James Lloyd Bass as follows:
COUNT I
MOTION TO DISMISS
1.
Personal Representative was named Executrix in the Last Will and Testament of James
Lloyd Bass dated the 17th day of July, 2014, as evidenced by a copy of same attached hereto as
Exhibit 1.
2.
Personal Representative received her Letters Testamentary on May 05, 2015, as
evidenced by a copy of same attached hereto as Exhibit 2.
3.
Personal Representative engaged the services of Farnham on May 04, 2016. Personal
Representative terminated Farnhams services in the presence of a witness on September 10,
2016; reminded Farnham of said termination via text message on September 14, 2016; and
reminded him once more of said termination via certified mail on September 19, 2016 (a copy of

which was hand delivered to the Probate Court on September 9, 2016), as evidenced by a copy of
same attached hereto as Exhibit 3.
4.
Farnham filed his emergency motion on or about September 19, 2016; Farnham
forwarded a copy of same to Personal Representative on September 22, 2016, as evidenced by
the postmark on the envelope that contained the ER Motion, attached hereto as Exhibit 4.
5.
Personal Representative shows that Farnham has failed to state a claim for the relief
sought in his emergency motion in that said motion was after Mr. Farnham was terminated as
attorney of record, rendering him without the requisite standing to have filed any pleadings after
September 10, 2016.
6.
While Karen Brouse may have practiced as an attorney in the State of Ohio, and the State
of Florida, she is not a licensed attorney within the State of Georgia, rather, she is currently in
the employ of Farnham as a paralegal to David J. Farnham.
7.
While in the presence of Personal Representative, Farnham and Ms. Brouse agreed to a
60/40 split of all funds generated by Ms. Brouse while she is in the employ of Farnham.
Accordingly, Farnham, while having no standing as a party to this action, or as attorney to
Personal Representative or the Estate, and having unlawfully retained assets of Personal
Representative and of the Estate, now seeks to greedily diminish the remaining assets of the
Estate.
COUNT II
RESPONSE TO MOTION TO DESIGNATE A NEW PERSONAL REPRESENTATIVE
8.
Personal Representative realleges paragraphs 1 through 7 as though fully restated herein.
9.
Farnham has not been attorney for the Estate since September 10, 2016.

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10.
Farnham claims that Ms. Brouse is the individual that discovered the improprieties of
the former personal representative. [sic]
11.
Farnham further claims that Ms. Brouse has spent a significant time ferreting out and
documenting her findings which makes [sic] her very familiar with the information of this this
estate.
12.
Regarding the allegations quoted in paragraph 10 and 11 herein, Personal Representative
shows that in a subsequent email from Ms. Brouse to Manda Gwatney, Guardian Ad Litem to the
minor children/named beneficiaries to the Estate, Ms. Brouse clearly credits Farnham as having
discovered the alleged improprieties months ago.
13.
These combined intentional misstatements to this Court and others emphasize Farnham
and Ms. Brouses willingness to commit whatever acts they deem acceptable in order to further
pilfer this Estate, to rob Personal Representative, and to slanderously and libelously destroy the
reputation and career of Personal Representative.
14.
The Certificate of Service attached to Farnhams motion states: I David J. Farnham,
hereby certify [sic] that I have provided service to the following individuals of this document by
U.S. Postal Service on September 19, 2016...Manda Gwatney, GAL for minor children...Denise
R. Salerno, personal representative [sic]; however, notwithstanding the fact that the Certificate
of Service is deficient in that it provides no addresses to which the document was sent, Personal
Representative shows that the motion was not placed in the United States Postal Service on the
19th day of September, 2016, but rather on the 22nd day of September, 2016, as evidenced by a
copy of the envelope used to mail the motion to Personal Representative attached hereto as
Exhibit A
.

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15.
Each, every, and any other allegation not specifically admitted herein is expressly denied.
WHEREFORE, Personal Representative prays that:
(a)

Personal Representatives Motion to Dismiss be granted;

(b)
Having responded to David J. Farnhams Motion to Designate a New Personal
Representative for the Estate of James Lloyd Bass, and there being no grounds for the relief
sought therein, that said motion be dismissed in its entirety with all costs cast upon David J.
Farnham; and
(c)
Personal Representative be granted such other and further relief as the Court
deems just and appropriate.
This _______ day of October, 2016.

_________________________________________
DENISE R. SALERNO
Personal Representative
184 Nichols Circle
Blairsville, GA 30512
(706) 455-4460
estateofjameslbass@yahoo.com

Personal Representatives Motion to Dismiss and Response to Motion to Designate a New Personal Representative
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IN THE PROBATE COURT OF FANNIN COUNTY


STATE OF GEORGIA
IN RE:

ESTATE NO.: 15-48

ESTATE OF JAMES LLOYD BASS


CERTIFICATE OF SERVICE
Undersigned hereby certifies that a true and correct copy of the foregoing Personal
Representative Motion to Dismiss and Personal Representatives Response to David J.
Farnhams Motion to Designate a New Personal Representative for the Estate of James Lloyd
Bass was placed in the United States Postal Service, appropriately addressed, and with adequate
postage attached thereto to ensure delivery to:
David J. Farnham
P.O. Box 609
Blue Ridge, GA 30513

This ________ day of October, 2016.

__________________________________________
DENISE R. SALERNO
Personal Representative
Estate of James Lloyd Bass
184 Nichols Circle
Blairsville, GA 30512
(706) 455-4460
estateofjameslbass@yahoo.com

Personal Representatives Motion to Dismiss and Response to Motion to Designate a New Personal Representative
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