Professional Documents
Culture Documents
STATE OF GEORGIA
IN RE:
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.
Personal Representatives Motion to Dismiss and Response to Motion to Designate a New Personal Representative
Page 1 of
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
.
Personal Representatives Motion to Dismiss and Response to Motion to Designate a New Personal Representative
Page 2 of
15.
Each, every, and any other allegation not specifically admitted herein is expressly denied.
WHEREFORE, Personal Representative prays that:
(a)
(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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__________________________________________
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
Page 4 of