Loading...
HomeMy WebLinkAbout00-06398 ."'=."".- , ,-.., , , " . VEL VA J. MENTZER and RICHARD N. YORLETS, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA Ja:o- &jqg : NO. CIVIL TERM MARTHA M. RAUDABAUGH, DEFENDANT IN PARTITION NOTICE TO DEFEND You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 II I . ~. ..~ M'"~ -.,_ ~_.. "_. - .-,0- _,"'~".. ''-',,''''_,'';ngm'''' -'"".,.i"M-,-,,"~-"'_"',,~~,;),,"',,".,,- ..1-, ~ Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 h ',-,<-', ,-~--' '-"--~-"',-(h"-."'-"-~,,~ -'c,",~,__"-.",,,;;-, -~".-,'"- ,'C; ':""'"",d';'-~", ,-,'"'__',1 ;>->1 VELV A J. MENTZER and RICHARD N. YORLETS, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA tI'O-G.39i' NO. CIVIL TERM MARTHA M. RAUDABAUGH, DEFENDANT IN PARTITION COMPLAINT AND NOW, this 18th day of September 2000, comes the plaintiffs, Velva 1. Mentzer and Richard N. Y orIets, and make the following Complaint against the defendant, Martha Raudabaugh. 1. The plaintiff, Velva 1. Mentzer, is an adult individual residing at 940 Longs Gap Road, Carlisle, Pennsylvania 17013. 2. The plaintiff, Richard N. YorIets, is an adult individual who residing at 41 Yorwick Road, Carlisle, Pennsylvania 17013. 3. The defendant, Martha M. Raudabaugh, is an adult individual residing at 980 Longs Gap Road, Carlisle, Pennsylvania 17013. 3 II - . "-...1' ,~...~ 4, The parties acquired real estate by deed dated January 14, 1975, from the estate of Rosie Jane YorIets, and a copy of said deed is incorporated by reference and is marked as Exhibit "A". The property at issue is Tract Number One (1) on said deed, 5, The parties are the owners of an undivided one-third (1/3) interest in Tract # I of the deed recorded in Deed Book X, Vol. 25, Page 67 I. They are owners as tenants in common, 6. The parties have failed to reach any agreements regarding the division of the real property or its use. 7, The defendant, Martha M. Raudabaugh, has made use of the property without the consent of the plaintiffs. The defendant has earned income from the property and has not accounted for said income or divided it with the plaintiffs. 8, The plaintiffs now seek an Order of Court which provides for the sale and division of said land which is believed to contain approximately forty-two (42) acres. The proceeds from the sale would be divided equally by the parties, The plaintiffs have secured the services of Rodger Deihl to be the listing agent for the sale of the property. 4 : 9. The plaintiffs also seek an accounting and the equal division of any income earned by the defendant from the use of the real estate. 10. The plaintiffs seek the payment of their legal fees and all costs required to bring this action as well as any other appropriate relief granted by the Court, WHEREFORE, the plaintiffs seek a hearing and the sale of the real estate, an accounting of income earned from the land and payment of their costs and legal fees from the defendant, Martha M. Raudabaugh. Respectfully submitted, IRWIN, M;~& HUGHES By: Marcus A. ght, II , 60 W omfret Street C lisle, Pennsylvania 170 I3 (7 49-2353 Supreme Court I.D. No. 25476 Attorney for plaintiffs, Velva 1. Mentzer and Richard N. YorIets Date: September 18, 2000 I I < >< . ,.._,m.~_ ~,- -- ~ ,- ,.~,"" '~~~~,-'- '~~~-'b~""'~/~."""~,,,J]';_";'';'~''_J i~, ." ,~_'. , EXHIBIT" A" ~_..- ~~~"...~- ~- '" ~... c - .. . .i '.---. '. " " , /.,/ ._.1. '.,. i - IN '111E OIU'IIMIS I COURT OF ClffIJlI:HlJ\t1Ll COlltn'Y, I'EmISYlNMIIA 110. 2l-73~31J6 1/1 '11m ICS'I'Nn: 01" I((l.'ar; JM/": \'OIU,I~j's, T>!:Cf:^,~f:n !!.Ii:ltr:r,: .\tlAIlIJl 1m [(I'AL r:S'I'A1'1( ANn i'I017, Jnllllnry Jllt1- ,t<)7~i, 111; /(1 '30 o'ctoc1" II .H" E,S.'!'" uron confinllntJoll of tl,e Fixet nnd Finnt Acconnt llnd Schodllttl of l'r'oposctl lJintriblll:iot! o( 1l1chnre! :!nl,uolt Yortcta, 1.llIrthn !-Inri" ftl1udnb,lt1[;h nnr! Vo lVII Jelln :I"tlt~or, f.y.ecutors of the LnDt 11111 line! TeG1;IILlent of I:ooi" Jlllln Yot'1,etn, d"<'cllznd. IIl\d pursll:1l11; to Socti.oIl3~311 of tilt! l't'ohnb'", Lutntt\s f\nd l'iducillr1ea Cod", th,,' fo1totline tkuel'l\,,',d rcnt t\!Jt[\t" in' m'J;\rd(\d to l\ichn1'<l' 't., , lIctcon YOl-tutu, Hm.'~hn llClrl." Rautlnb'l\ll:h and VeJ,vl\ J\11\1\ Hcnl:zcr, their heit.u l\l\d IIDS1.0\(',. no equlll tC\lIllntn in cOlllnon: . 'l'r\AC1' !lO. 11 AU, thnt eOl'tnin trnct of finld nnd. . ~ ,",oodlllntl eontnining. 39 nCl"<,U, III0t'(, or lens, /In<l lJitunte , nlone the Ilonte1-n :ll.de oj: L.\~. 21072(1.()1l1~'D enr nand) . In 110x.th .llJe.l<llcton 'l'CltJllGhIp, (:u,.ll,ol'lnllel COUllt;'. Pcnnsyl~ ' vnllin; beint: the snme pre)[Wl.ty "hieh '"W conveycd to . ".~, CeOr[(1l S.. Yorlots, IIho <lJ.(:(' on J:;nllnry 2/l, 196'!. nnd Ronia .'t:!l:,,:S deed clntctl Sept"",bor 26, J.9116, nntl rec'wtlod in the office tA~?:, of: the Hecordct' of lk~cds for CU!llb(n~li\ncl County i.n Dead. E~~~,:r,l BO~]'.'~~. Vol. ~. PJ1~~c. 33. lea!!, houever, out cOllvcyancco X~=1;:~~ ..nO'lX:cordcd i.n the o[fiCt;~-llfol~eHni.d In need nook liP", Vol.. "'rj~ 1 1 ~;;:::tl~ 20, Plll.~n 1~9L~, Deed Hook uF", Vol. 21, PllaC 10 ~5. D~cd non,; .3icl~.l:. ~ "I", Vo 1. 2? P ngc tl91. n1'ld nel~d Bool~ "U", Vol. 22, FllgO #i if ,Jj 6711 nndooJ.ng tile. l'l'ntudc ll!l(1 reUl[ll.llder of soid trcct. 1'RAC1't1o. 21 ALL thnt certl1in tr[\ct of Olountllin 'll1n" contailllnl~ 12 [\C1''' 9 , Inore Ill' leu:], (lnd cituntc in ' 1.tH/or P'rnnkford '1'o~'n8hipt Clllui>el"lnnd Count}', l'cnn!1}'lvllniut bcill!( the UlUlle prope rty whIch \l[W conv',~'''rl to Coor~" S. YOl'J.cto, by I:l1sHorth I,:"nllcely, ct. ,,1., hy deed tlntcd !-lurch 19,193!l, ,,"cJ reconlcll in tl,c n(,I'ICe! nftH'c9td,cJ in necd nool: ~' ,\'ol.-l.l,I.l'nl'.c J12U.; pnl.t ~f lJhIch ''''0. conveyed to tln\,d.c'c'.l\,' 1'/lvJo1I\nc1, ^ticn r:. P'lVl.ol1 hIa wlt~l by deed dntdINL1vcmhe!t' :l;"'1:')I,l, nnd t-"col'dcd ln th\1 ofLl.en l\fot'C- 1~,1I."n 1~1 (l,lir...IO,il.ll ~iil oC\id., in ne\',d Dook "VI t Vo 1., 12, Pi1r..\~ 3l!~. bttt \1!\5 rccou... , ....'. .\i.W'~) ~...oynd to 'G(!Ol'gC,~:. ,'lol'l"tn by clc,;'cl <lilted Hnl'ch 27, 19/12, "\'\\ ~ ",:'\' , l.!In<l \','cl'1Xkd ;tnt1le. office nforC!!lnj,c1 in ne~,cl nook "au, '~~'''l.'l'~''. ' ,""'j',"",<>112'; ''Page.,d:lJj9;'ind hdl\[\ all 1'1' uaitl I:l'nct. Geor(:e '., ., I', ,e."~i,,tv ('" Ir. ~orlnt!l' tI:ted on J1nllflt'y 28, 196'.1, nntl by hill Ln~t '.'ill .:}:.l __.\d \i\:.'\\~;'\\ Illr\d','l'~:Jt(\:lll\ntdlul.~' probntm\ in the office of tl,e ner,i otor . '\ . ''.'''' '", \', 'of HUb for CllI.lberlnllc1 County in \1ill Ilook (,1, P/lge 532, , " '.', , \1, ",". i i . 1 i 'f 0- i' '.... ,.:...;:~:\":.::;.i _..:_~":",. ~.d~v:lI;ed DE\l.d ',l.'"cnl estate. ntcl' 01 1I, to. \ (J In. Co, 1\.4.10 C ""f,jl,oX,\'; J,~{le Yor1otn, . ; .'\1 '~j , ,. ',,~ ny the Court. , , ':\\,lIIUlIU/ljf"" ,'to\' .".~ -' " "1 A TR~f:GQP;Y YRQi:'I)E,CorlD In Te~lllllqp~ ~V~i"lJrttOt.1 h~'I.~lll.1ro ~l'l rn~' h3.nd and Iho ~\'l,l '" $.ll~,CoUrl "' c,,).LJo, Pa, 'li" t' ,,' I ",'.\ . ,./: 'c . Th ~:..~-Lt-..,_'-1duy ~~ /ll,.,;~;;..19j""...,.... \}"" I I" " . ..... ".'Il .. '..' .. . . ~ . '. . . I.... f' . . .. h ,,:\\:~:~:;';2i,~I~~~ti;t;pi';;;~~'C~~;;'i t ~ Cumbo,IM,d Coullty Isl Ct.;,!..,. ',) I):, \ '\ \ t; (-. ""\ "" j berch, ...lily thll lh, K..ldcoc, . aDd Poll Ollk. 01 "i1hio Gr.aatc. it C"fo I~)J.Y~, If, b. 3, ~ I f.. ~UJ, '~AI"'~ wu~ X:.!5 r;-l.[ 071 EXHIBIT "A" II '1 1 , , " .\ , ~ . l I ;! 'j !j :1 I :1 { '" ~ " --^" "..' ,-, ,;_ ,_ ~;_,o~ " '_> ___ ,. ~ ,-,__"_';"., __ ",. , " , , . VERIFICATION The foregoing Complaint is based upon information which has been gathered by counsel and us in the preparation of this action, We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief, We understand that false statements herein made are subject to the penalties of 18 Pa. C.S,A. Section 4904, relating to unsworn falsification to authorities, d.t~_J~~ VEL VA J, MENTZER ~~ HARDN, ETS Date: September 18 ,2000 I I *i ~'.L . '.1l;. .. ~'" . " Q .;;: ~ ,; -'J -, 0 0 0 C 0 " ~ 0') '-l i -U,D ,-" f1~ p11 I mrn ." Z:l) l ZC" ~:'~~ Pi I 'D I UJ. ~':;:: ~~ I ~t5 I -0 I ~o .A --CJ 4-,. fil )>c: ~ I z "'V ;J?: :<! ,:0 W -- " " _. 'C~"_~_ ."_ '_~' n~_ ",,_,_ _I,~""," ,-c. VELVA J. MENTZER and RICHARD N. YORLETTS, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-6398 CIVIL TERM v MARTHA M. RAUDABAUGH, DEFENDANT IN PARTITION PRAECIPE TO REINSTATE COMPLAINT TO: THE PROTHONOTARY: Please reinstate the complaint originally filed on September 19, 2000 in the above captioned matter. FREY & TILEY f 2.,.01 " c Date: rf",a;{.. 7tJ~ B St phen D, Tiley, Esquire 5 South Hanover St. Carlisle, PA 17013 (717) 243-5838 Supreme Court ID# 32318 lIIi .-,,,--,-,--- ~,.iL_~o.___LJ".,"___,.._",~." ". H&I&..- '-~"--I,~;'~~~r:"'" .~Jtlrd"l!iiilllil_ I < ,,~.,,-, ,,' '''~-_~'';' "',- ',"'_' ""_~._""_ ",-.0'."-"-- ._._"",,"~~, ~~, ""'. '--~"""-- vi n.".,.", .,._-, ,~""" ," o ~; -ct~ [Ti f~-: 2::-';:-; &~~-:'. -<,,::_u r::.:C) ~(") .;:;..,..,r.... 5~ L., :< H C~ '..~;: "i ;JJ I G.) c,', -.']() ~:? '-:..:~(:; - '-.-, 3~~ c-l ~ ;;;1 C) m "~ , - ~ - '~ - ... ,-, --L~ ~ ) l ; l, VELVA J. MENTZER and RICHARD N. YORLETlS, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-6398 CIVIL TERM v. MARTHA M. RAUDABAUGH, DEFENDANT IN PARTITION PRAECIPE TO THE PROTHONATARY: Please withdraw my appearance on behalf of the Plaintiffs of Velva J, Mentzer and Richard N. Yorletts. Date: lit!J/ IRWIN, cKNIGHT & HUGHES L~ (f. Marcus A. McKnight I Es 60 West Pomfret Street Carlisle, PA. 17013, (717) 249-2353. Supreme Court ID# 25476. TO: THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiffs Velva J. Mentzer and Richard N, Yorletts. Date: l:;ItJ i FREY & TilEY, ,~ 4)- '/0 By Stephen J. Tiley Esquire, 5 South Hanover St. Carlisle, PA. 17013. (717) 243-5838. Supreme Court ID# 32318. " " VELVA J. MENTZER and RICHARD N. YORLETTS, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-6398 CIVIL TERM v MARTHA M. RAUDABAUGH, DEFENDANT IN PARTITION PRAECIPE TO REINSTATE COMPLAINT Please reinstate the complaint originally filed on September 19, 2000 in the above captioned matter. FREY & TILEY Date: fii~ r ;;!Hl/ / ~.v 0 "7 y Stephen 0, Tiley, Esquire 5 South Hanover St. Carlisle, PA 17013 (717) 243-5838 Supreme Court 10# 32318 MI~~ -il;; ~,~~"iiIitflL"">B";Ii_~~;"'~~lM"~#~~~~" ,~, - .'~.~~-' "~I ,~'"' - ~ . ~I -' :M';'~-lIiI:I:'llld"""",, "~ 1-'-'~"~'----<1:J . ,~. , ~. o c <" '1J fE rnfT-..... 2:1' 2~' (Jj- ;:$ 2..' , -,--; ~~~ Z~) <;;::0 ""'c :z =< o 'Tl n-, r.:.o I tn "", ::!:: S? .i'0 '.0 "'I ~ !I \;0 o ":;'1 "'IT1 c;::! ,~,~S~ 2~1~ _.i ~ -< ""~ -. ~. , ~"~I ~ ~_ SHERIFF'S RETURN - REGULAR CASE NO: 2000-06398 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MENTZER VELVA J ET AL VS RAUDABAUGH MARTHA M PATRICIA SHATTO Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RAUDABAUGH MARTHA M the DEFENDANT at 1645:00 HOURS, on the 9th day of February, 2001 at 980 LONGS GAP ROAD CARLISLE, PA 17013 by handing to DALE RAUDABAUGH HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: r~"'~~~~ 18.00 3.10 .00 10,00 .00 31.10 R. Thomas Kline 02/12/2001 FREY & TILEY Sworn and Subscribed to before me this j:b~ day of BY:$~_L _~ Deputy Sheriff 3':tt .2&a I A. D . , () h4lflh"", ~ Prothonotary' , ,~ VELVAJ.MENTZERandRlCHARD N. YORLETS, Plaintiffs, vs. MARTHA M, RAUDABAUGH, Defendant. =__.u --~ _. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. 2000 - 6398 CIVIL TERM IN PARTITION NOTICE TO PLEAD TO THE WlTH][N NAMED PARTIES: You are hereby notified to file a written response to the within NEW MATTER AND COUNTERCLAIM within twenty (20) days of service hereof, or judgment may be entered against you. DATED: March 27, 2001 IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, P A 17102 Phone: 717-238-1657 By: JLCl-H. ~to~ IRA H. WEINSTOCK .. " > ~ -. - " ' , . -<" ,.. VELVAJ.MENTZERandRlCHARD N. YORLETS, IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENN~ Plaintiffs, vs. No. 2000 - 6398 MARTHA M. RAUDABAUGH, Defendant. CIVIL TERM IN PARTITION ANSWER WITH NEW MATTER AND COUNTERCLAIM AND NOW, the Defendant, Martha M, Raudabaugh, by and through her attorneys, IRA H. WEINSTOCK, P,C., respectfully submits this Answer with New Matter and Counterclaim and in support thereof avers the following: 1. Admitted, 2. Admitted, 3. Admitted, 4. Admitted, 5. Admitted, 6. Admitted. 7, Denied. It is specifically denied that the Defendant has made use ofthe property without the consent of the Plaintiffs, To the extent that Defendant has made use of the property, the use has been for the purpose of increasing the value of the property. 8, Admitted in pact and Denied in pact. It is admitted that Plaintiffs have made a claim for the sale and division of the subject property and division of the proceeds of the sale, It is denied that Plaintiffs are entitled to a sale and division of the subject property. After II . , < r, reasonable investigation, the Defendant is without sufficient information to either admit or deny the remaining averments of the paragraph. 9. Admitted in part and Denied in part. It is admitted that Plaintiffs have made a claim for an accounting and division of income earned from the use of the subject property. It is denied that Plaintiffs are entitled to an accounting and division of any income derived from the use of subject property, 10, Admitted in part and Denied in part. It is admitted that Plaintiffs have made a claim for legal fees and costs. It is denied that they are entitled to payment of legal fees and costs. WHEREFORE, Defendant respectfully requests that a judgment be entered in favor of the Defendant and against the Plaintiffs together with costs, attorney's fees and such other relief the Court deems just and appropriate. NEW MATTER 11. Plaintiffs' claims are barred by the defense of accord and satisfaction. 12. Plaintiffs' claims are barred by consent. 13, Plaintiffs' claims are barred by the defense of estoppel. 14. Plaintiffs' claims are barred by the defense ofIaches, 15. Plaintiffs' claims are barred by the defense of license. 16, Plaintiffs' claims are barred by the defense of statute of limitations, 2 ~" ~, "Ii',' ~. WHEREFORE, Defendant respectfully requests that a judgment be entered in favor of the Defendant and against the Plaintiffs together with costs, attorney's fees and such other relief the Court deems just and appropriate. COUNTERCLAIM COUNT I - ASSUMPSIT 17. Defendant incorporates by reference paragraphs 1 through 16 as though set forth herein at length, 18. Defendant and Plaintiffs are owners as tenants in common of an undivided one- third interest in tract number one of the deed recorded in deed book X, Volume 25, Page 671. 19, It is believed that the aforementioned parcel contains approximately forty-two (42) acres. 20, For over twenty-six (26) years, Defendant has been responsible for maintaining the aforementioned property including but not limited to mowing the property. 21. For over twenty-six (26) years, Plaintiffs have been aware of Defendant's care and maintenance of the property, 22. Plaintiffs have a duty to contribute to the care and maintenance of the aforementioned property, however, have neglected to do so. 23, By Plaintiffs' failures to act, they have impliedly promised to reimburse Defendant for its care and maintenance of the aforementioned property. 3 I I . .. . . , -"',""" W;iilfr,i ,-, WHEREFORE, Defendant respectfully requests that a judgment be entered in her favor against the Plaintiffs in the amount of $8,900,00 together with costs, interest and reasonable attorney's fees. Respectfully Submitted, IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: (717) 238-1657 By: \..O'-QH.~ IRA H. WEINSTOCK BY:~ 6. ~~~ . JOHNB.D GHE Y 4 II ~, COMMONWEALTH OF PENNSYLVANIA ) ) ss. COUNTY OF CUMBERLAND ) I verify that the statements made in the attached ANSWER WITH NEW MATTER AND COUNTERCLAIM are true and correct. I understand that false statements herein are made subject to the penalties set forth in 18 Pa, C, S. S4904 relating to unsworn falsification to authorities, DATED: 3-;;<..1/01 /ffltVdv /;Vl. ~~cwi . . (-.:. MARTHA M, RAUDABAUGH , . - '" -, CERTIFICATE OF SERVICE AND NOW, this 27th day of March, 2001, I, Ira H, Weinstock, Esquire, attorney for Defendant, Martha M. Raudabaugh, hereby certify that I served the within ANSWER WITH NEW MATTER AND COUNTERCLAIM this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Stephen D. Tiley, Esquire FREY & TILEY 5 South Hanover Street Carlisle, P A 17013 By: .Jha H. ~fucL IRA H, WEINSTOCK "" ."_ ;' -', ,Co; ',.' '-" ' _ ,I ~-,. " .,. ... . . '" - VELVA J. MENTZER and RICHARD N. YORLETIS, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2000-6398 CIVIL TERM v. MARTHA M. RAUDABAUGH, DEFENDANT IN PARTITION NOTICE TO PLEAD TO MARTHA M. RAUDABAUGH, DEFENDANT: You are hereby notified to file a written response to the enclosed Preliminary Objections to New Matter within twenty (20) days from service thereof or a judgment may be entered against you. Dated: JAYI 15; ,2@J)/ FREY & TILEY ~AAJ,7~ By St phen D. Tiley Esquire, 5 South Hanover Street Carlisle, Pa, 17013 (717) 243-5838 Supreme Court ID# 32318 II ... ~ '" .. ... VELVAJ.MENTZERand RICHARD N. YORlETTS, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000..6398 CIVIL TERM v. MARTHA M. RAUDABAUGH, DEFENDANT IN PARTITION PRELIMINARY OBJECTIONS TO NEW MA TIER AND NOW, come the Plaintiffs, Velva J, Mentzer and Richard N, Yorlets, by and through their council, Stephen D, Tiley, Esquire, and file these Preliminary Objections to the New Matter filed by Defendant Martha M. Raudabaugh, pursuant to Pa,R.C,P. 1028(a)(2) & (3), of which the following is a statement: (Paragraph numbers refer to Defendant's Answer with New Matter and Counterclaim,) 11, Defendant has failed to provide any facts upon which the defense of accord and satisfaction is raised. (Pa. RC.P,1019(a)) 12, Defendant has failed to provide any facts upon which the defense of consent is raised, (Pa, RC,P, 1019(a)) 13. Defendant has failed to provide any facts upon which the defense of estoppel is raised, (Pa, RC,P,1019(a)) 14, Defendant has failed to provide any facts upon which the defense of laches is raised. (Pa. RC,P,1019(a)) 15. Defendant has failed to provide any facts upon which the defense of license is raised. (Pa, RC.P.1019(a)) 16, Defendant has failed to provide any facts upon which the defense of the statute of limitations is raised. (Pa, R,C.P,1019(a)) WHEREFORE, Plaintiffs Pray Your Honorable Court for an order granting their preliminary objections and striking Defendant's New Matter. Dated: /ftA / ~ ;JOgl FREY & TILEY ~'~-4~ '~A By St phen D. Tiley Esquire, 5 South Hanover Street Carlisle, Pa, 17013 (717) 243-5838 Supreme Court 10# 32318 "-- ~ '" - .-,-J"-,,,,- -.i;;',;. _OJ .; __ VELVAJ.MENTZERand RICHARD N. YORLETTS, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-6398 CIVIL TERM v, MARTHA M. RAIUDABAUGH, DEFENDANT IN PARTITION NOTICE TO PLEAD TO MARTHA M. RAUDABAUGH, DEFENDANT: You are hereby notified to file a written response to the enclosed New Matter, filed by Plaintiffs in connection with Defendant's Counterclaim, within twenty (20) days from service thereof or a judgment may be entered against you, FREY & TILEY Dated: j::::A- /.s: 02:J.0/ , jJ -7' By St hen D, Tiley Esquir , 5 South Hanover Street Carlisle, Pa. 17013 (717) 243-5838 Supreme Court ID# 32318 II VELVA J. MENTZER and RICHARD N. YORLETS, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-6398 CIVIL TERM v. MARTHA M, RAUDABAUGH, DEFENDANT IN PARTITION ANSWER TO DEFENDANT'S COUNTERCLAIM ANO NOW, come the Plaintiffs, Velva J. Mentzer and Richard N, Yorlets, by and through their council, Stephen D, Tiley, Esquire, and file this Answer to Defendant's counterclaim, of which the following is a statement: (Paragraph numbers refer to Defendant's Answer with New Matter and Counterclaim) 17, Paragraph 17 of Defendant's counterclaim incorporates paragraphs 1 through 16 of Defendant's Answer with New Matter. Paragraphs 1 through 6 of Defendant's Answer admit Complaint paragraphs and therefore set forth no counterclaim to which a responsive pleading is required. Paragraph 7 of Defendant's Answer is denied to the extent that it avers, or may aver, that Defendant has made use of the property for the purpose of increasing the value of the property. Defendant and Plaintiffs have reached no agreement concerning the use of the property and the Defendant has admitted this by admitting paragraph 6 of Plaintiffs Complaint. Defendant has not made any use of the property for the purpose of increasing its value, Defendant has made PlainJfffsAmwenwhNew M= IDDtfrndant's01unJmfajm Page 1 use of the property, or a portion of it, by farming it solely for Defendant's own gain, Instead of increasing the value of the property, Defendant has used the property in manner which significantly decreases its value by storing trash, junk, and dilapidated structures on the property. By way of further Answer to these averments, Plaintiffs state that after reasonable investigation they are without knowledge or information sufficient to form a belief as to the truth of the averment that the Defendant has used the property for the intent or purpose of increasing the properties value therefore the averments are denied. Paragraph 8 is admitted to the extent that it admits that the Plaintiffs have made a claim for the sale and division of the subject property and division of the proceeds of sale. To all other extents paragraph 8 of Defendant's Answer sets forth no averments of fact to which a responsive pleading is required and is therefore denied, Paragraph 9 of Defendant's Answer is admitted to the extent that it avers that the Plaintiffs have made a claim for an accounting and division of income earned from the use of the subject property, To all other extents paragraph 9 of Defendant's Complaint sets forth no averments of fact to which a responsive pleading is required and is therefore denied, Paragraph 10 of Defendant's Answer is admitted to the extent that it avers that the Plaintiffs have made a claim for legal fees and costs, To all other extents paragraph 10 of Defendant's Complaint sets forth no PlainJijfsAnswerwilhNew M~kJDifendant's01un1en:1aim II Page 2 ~ ,- ~,- --' ~--,~-- ..<- averments of fact to which a responsive pleading is required and is therefore denied, Paragraphs 11 through 16, which set forth Defendant's New Matter, aver no facts to which a responsive pleading is required. Furthermore the averments of these paragraphs set forth conclusions of law to which no responsive pleading is required, By way of further Answer Plaintiffs Preliminary Objections to Defendant's New Matter are incorporated herein and referenced thereto as if fully set forth herein. For the foregoing reasons, Defendant's averments set forth in her New Matter are denied to the extent that they are incorporated into Defendant's Counterclaim, 18. Admitted, 19. Admitted, 20, Denied, For over 26 years Defendant has treated all or most of the property as her own (or that of her and her spouse) and Plaintiffs have been harassed whenever they have attempted to make use of the property. Rather than being "responsible for maintaining" the property, Defendant has treated the property as her own. The parties were never able to reach any agreements as to the use of the property, nor were there any agreements concerning its care or maintenance. Defendant, and her spouse, were simply volunteers doing whatever they wanted with co-owned property which they treated as their own. The southeastern portion of the land was not mowed for many years, This was satisfactory to Plaintiffs. For some reason last year Defendant, or her spouse, chose to mow it. Plaintiff Velva J, Mentzer has paid a contractor to mow the area immediately around her house a number of times over the years. However, at times, Defendant, or her spouse, would mow this P!aUdjffsA1mverwilhNew MaJJers rvlJt;fi3ndmu'sCounJen:laim Page 3 - ~ .- ...._', area, without being asked, and before Plaintiffs would have done so, On one occasion, Defendant, or her spouse, discovered that Plaintiff Richard N. Yorlets desired to hunt deer in the overgrown field in the southwestern area of the property and then mowed that area, presumably to impend such hunting. 21, Admitted in part, Denied in part, For 26 years Plaintiffs have been unable to reach an agreement with the Defendant concerning the care, maintenance and use of the property, Plaintiffs have been aware of Defendant's use of the property, but are not aware of any care or maintenance alleged to be for their benefit. Plaintiffs have had no control over Defendant's use of the property for over 26 years, and, during that time, had no knowledge that Defendant considered her use of the property to be care or maintenance, For roughly 26 years neither Defendant nor her spouse made any request, claim, demand, or even comment to Plaintiffs to the effect that she, or they, considered themselves to be maintaining the properly for the benefit of Plaintiffs, nor to the effect that she, or they, expected any compensation for any alleged scenarios, 22, Denied, The subject property is woodland, scrubland, and due to Defendants continued use farmland. Other than the dilapidated structures placed upon the property by Defendant, without the permission or consent of Plaintiffs, there are no structures to maintain, There being no structures to maintain, the land requires no maintenance. If there was a desire to maintain the land as farmland it could have and should have been rented to a third party willing to pay rent for the use. Plaintiffs have requested but never been paid rent by Defendant for Defendant's use of a portion of the land as farmland, By way of further Answer, the averments of this paragraph set forth conclusions of law to which no responsive pleading is required. Strict proof at trial is demanded. 23. Denied, Plaintiffs have previously sought to have the pr~perty sold and to reach an agreement with Defendant concerning Defendant's use of the property but have been unable to do so. Plaintiffs did not fail to act but rather Defendant failed to reach any reasonable accord with Plaintiffs concerning the use of the property, Defendant or her spouse, has simply made whatever use of the property which PitPnJjjfsAnlwerwithNewMaJJerslDDefendantsCoun/eJdaim Page 4 II - " <<-'!E;;, , Defendant desired and Plaintiffs have no financial duty to Defendant for Defendant's activities for personal pleasure or profit. To the extent of the averment of this paragraph set forth a conclusion of law no responsive pleading is required and the averments are Denied, strict proof at trial is demanded. WHEREFORE, Plaintiffs respectfully request Your Honorable Court to enter a judgment in favor of Plaintiffs and against Defendant, together with costs, attorney's fees and such other relief as to the Court may seem just and proper. NEW MATTER 24, The averments of paragraph 17 through 23 of Plaintiffs Answer to Defendant's Counterclaim are incorporated herein by reference hereto as if fully set forth herein, 25. Defendant's Counterclaim is barred by consent. Plaintiffs repeatedly attempted to work out an arrangement for the sale of the property, or for the use of the property by the Defendant and Plaintiffs but Defendant would agree to no reasonable arrangements other than that Defendant used any and all of the property in such a manner as Defendant desired and Defendant, or her spouse, repeatedly harassed Plaintiffs when they attempted to make any use of the property. There was no agreement for any maintenance or care of the property and to the extent that Defendant may have maintained or cared for the property Defendant was a volunteer. As Defendant knew that Plaintiff demanded payment for Defendant's profit making use of the property, Defendant must have k~own that Plaintiffs would not pay for Defendant's use of the property. Defendant's use of the property was therefore with the knowledge and consent of Defendant that the use was that of an unpaid volunteer. 26, Defendant's Counterclaim is barred by the defense of the estoppel, laches and statute of limitations. Never, until a letter from Defendant's prior counsel dated February 2, 2001, was there any mention of, request, or demand for any Plainti!fsAnswerwithNew MaJJers 1iJD<fr.ndant'sCowuerr:Ioim Page 5 ", .,.-" n' '-' .:,....~, , ",--L ..- [,ji. compensation for any care or maintenance of the property which Defendant may have made. The averments of paragraphs 24 and 25 of the New Matter are incorporated herein by reference thereto, WHEREFORE, Plaintiffs pray Your Honorable Court for a judgment in their favor, and against Defendant, on the Defendant's Counterclaim, and Your such other and further relief as to the Court may seem just and proper, Date: f}/~ 1 /--r oMttJl RESPECTFULLY SUBMITTED, FREY & TILEY /O.<7~ B St phen 0, Tiley Esquire, 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court 10# 32318 PlainJilfsAmwen<i1hNew MaJtersfO/Afrndant'sCoun1erc/aim II Page 6 '" "~- ,'- ~ '~, > " VERIFICATION We Velva J, Mentzer and Richard N. Yorlets, depose and say that we are the Plaintiffs in the above matter; and that the facts set forth in the forgoing Answer with New Matter are true and correct based partly upon personal knowledge and the remainder upon information and belief; We understand that this Verification is made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities, Dated: ~,1 / S; .;2c)O( rJ.RJ~.j (j/~f/7/ Velva J. Mentzer e.~,~ PlainJiffsAnswerwithNewMuum IDDifenOant'sCounJerc/aim Page 7 ,II . ~ . ~ - . . -,-",," " VELVA J. MENTZER and RICHARD N. YORLETS, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2000-6398 CIVIL TERM v. MARTHA M. RAUDABAUGH, DEFENDANT IN PARTITION CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of Plaintiff's Preliminary Objections to New Matter and Answer with New Matter upon the persons, and in the manner, indicated below, by depositing a copy of the same with the United States Post Office, first class mail, post prepaid and addressed as follows: IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 Dated: April /b, 2001 ~-f). 74 S~h n D. Tiley, Esquire Attorney for Plaintiffs 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney 1.0. #32318 ~' "~',.- ~. .,. . - -,' ~~~l!tlli;tu~;;;;i~.i,.';liiW'l~ _L_,~, " _,~" 0_ ~> " ":iliilllf- ,~ -- ~ , - ..~--'" ~,-'~'~ "' ~~ C) c, ,-, c= ,'i ~l ;:: 2'~ [0 -7~ " :'...:- ::,:J "'. e/) cr,_ -<.:.: ,- .' '. \, >-: c :z: ;:~-) S~ -< :n (J'i -< - ~,," ':1 , . VELV A J. MENTZER and RICHARD N. YORLETS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiffs, vs. No. 2000 - 6398 MARTHA M. RAUDABAUGH, Defendant. CIVIL TERM IN PARTITION DEFENDANT'S ANSWER TO PLAINTIFFS' NEW MATTER 24. Defendant incorporates by reference paragraphs 17 through 23 of Defendant's Counterclaim as though set forth at length herein, 25. Denied, Plaintiffs' averment contains a conclusion of law to which no response is required. To the extent an answer is required, Defendant denies the same and demands strict proof thereof. 26. Denied, Plaintiffs' averment contains a conclusion of law to which no response is required. To the extent an answer is required, Defendant denies the same and demands strict proof thereof. WHEREFORE, Defendant respectfully request that the Court enter Judgment in her favor and against the Plaintiffs on Defendant's Counterclaim together with costs, interest, reasonable attorneys fees and such other relief the COlJrt deems just and appropriate. I I , I' ~J ~ ~,tlik , , Respectfully Submitted, IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: (717) 238-1657 By: ~t+. Ut~kL IRA H. WEINSTOCK BY:~ {J ~ OHN B. DOUG TY ~ II CERTIFICATE OF SERVICE AND NOW, this 2nd day of May, 2001, I, John B, Dougherty, Esquire, attorney for Plaintiff, hereby certify that I served the within DEFENDANT'S ANSWER TO PLAINTIFFS' NEW MATTER this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Steven D. Tiley, Esquire FREY & TILEY 5 South Hanover Street Carlisle, PA 17013 By: ~rI. lA.~~ IRA H. WEINSTOCK BY:~ 6. tY~ HN B. DOUGHE I VEL VA J. MENTZER and RICHARD N. YORLETS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiffs, vs. No. 2000 - 6398 MARTHA M. RAUDABAUGH, Defendant. CIVIL TERM IN PARTITION FIRST AMENDED ANSWER WITH NEW MATTER AND COUNTERCLAIM AND NOW, the Defendant, Martha M. Raudabaugh, by and through her attorneys, IRA H. WEINSTOCK, P,C., respectfully submits this Answer with New Matter and Counterclaim and in support thereof avers the following: 1. Admitted. 2, Admitted, 3. Admitted, 4, Admitted, 5. Admitted, 6. Admitted, 7. Denied. It is specifically denied that the Defendant has made use of the property without the consent ofthe Plaintiffs. To the extent that Defendant has made use of the property, the use has been for the purpose of increasing the value of the property, 8. Admitted in part and Denied in part, It is admitted that Plaintiffs have made a claim for the sale and division of the subject property and division of the proceeds of the sale. It is denied that Plaintiffs are entitled to a sale and division of the subject property. After 'h - . i ~ reasonable investigation, the Defendant is without sufficient information to either admit or deny the remaining averments ofthe paragraph. 9, Admitted in part and Denied in part. It is admitted that Plaintiffs have made a claim for an accounting and division of income earned from the use of the subject property. It is denied that Plaintiffs are entitled to an accounting and division of any income derived from the use of subject property. 10. Admitted in part and Denied in part. It is admitted that Plaintiffs have made a claim for legal fees and costs, It is denied that they are entitled to payment of legal fees and costs. WHEREFORE, Defendant respectfully requests that a judgment be entered in favor of the Defendant and against the Plaintiffs together with costs, attorney's fees and such other relief the Court deems just and appropriate, NEW MATTER 11. Defendant incorporates by reference paragraphs 1 through 10 of Defendant's First Amended Answer With New Matter and Counterclaim, as though set forth at length herein. 12. Plaintiffs' claims are barred by the defense of accord and satisfaction. 13, Plaintiffs' claims are barred by consent. 14, Plaintiffs' claims are barred by the defense of estoppel. 15. Plaintiffs' claims are barred by the defense oflaches, 16. Plaintiffs' claims are barred by the defense of license, 17. Plaintiffs' claims are barred by the defense of statute of limitations, ! ~- ., , L~~,"lll;~ WHEREFORE, Defendant respectfully requests that a judgment be entered in favor of the Defendant and against the Plaintiffs together with costs, attorney's fees and such other relief the Court deems just and appropriate. COUNTERCLAIM COUNT I - ASSUMPSIT 18. Defendant incorporates by reference paragraphs 1 through 16 as though set forth herein at length. 19. Defendant and Plaintiffs are owners as tenants in common of an undivided one- third interest in tract number one of the deed recorded in deed book X, Volume 25, Page 671. 20, It is believed that the aforementioned parcel contains approximately forty-two (42) acres. 21. For over twenty-six (26) years, Defendant has been responsible for maintaining the aforementioned property including but not limited to mowing the property. 22. For over twenty-six (26) years, Plaintiffs have been aware of Defendant's care and maintenance of the property. 23, Plaintiffs have a duty to contribute to the care and maintenance of the aforementioned property, however, have neglected to do so. 24. By Plaintiffs' failures to act, they have impliedly promised to reimburse Defendant for its care and maintenance of the aforementioned property. ~ -,~ WHEREFORE, Defendant respectfully requests that a judgment be entered in her favor against the Plaintiffs in the amount of $8,900.00 together with costs, interest and reasonable attorney's fees. Respectfully Submitted, IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: (717) 238-1657 By: ~ l-l-~ LAJ..k~ -1~ IRA H. WEINSTOCK By: ~ /!; ~~ JOHN'B. DO G TY 4 "';"'J ~ .' ~ "'"'~ ~-, ,'~, COMMONWEALTH OF PENNSYLVANIA ) ) ss. COUNTY OF CUMBERLAND ) I. _~ I verify that the statements made in the attached FIRST AMENDED ANSWER WITH NEW MATTER AND COUNTERCLAIM are true and correct. I understand that false statements herein are made subject to the penalties set forth in 18 Pa. C. S. g4904 relating to unsworn falsification to authorities. DATED: S'~-O) c1lf~\)[ \ ~ MARTHA M. RAUDABAUGH - '"'., "-"". ~ .=~ .I.\l>.dl~ . , CERTIFICATE OF SERVICE AND NOW, this 2nd day of March, 2001, I, Ira H. Weinstock, Esquire, attomey for Defendant, Martha M, Raudabaugh, hereby certify that I served the within FIRST AMENDED ANSWER WITH NEW MATTER AND COUNTERCLAIM this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Stephen D. Tiley, Esquire FREY & TILEY 5 South Hanover Street Carlisle, PA 17013 By: ~ Ib i.1lJl~~ IRA H. WEINSTOCK - By:4L f3. L~. JOHNB.DO HE TY VELVAJ,MENTZERand RICHARD N. YORLETIS, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-6398 CIVIL TERM v. MARTHA M. RAUDABAUGH, DEFENDANT IN PARTITION NOTICE TO PLEAD TO MARTHA M. RAUDABAUGH, DEFENDANT: You are hereby notified to file a written response to the enclosed Plaintiffs' New Matter, filed by Plaintiffs in connection with Defendant's Counterclaim, within twenty (20) days from service thereof or a judgment may be entered against you, Dated: IJ'I~ ~ d2f'/f) / FREY&'L. ._ ~ ..,.a # ~.~ Y S phen D, Tiley EsqUire, 5 South Hanover Street Carlisle, Pa, 17013 (717) 243-5838 Supreme Court ID# 32318 ~- , ,. "'-'- , - ~- . VELVA J. MENTZER and RICHARD N. YORLETS, PLAINTIFFS, V. MARTHA M. RAUDABAUGH, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2000-6398 CIVIL TERM IN PARTITION ANSWER TO DEFENDANTS FIRST AMEN,DED ANSWER WITH NEW MATTER AND COUNTERCLAIM WITH PLAINTIFFS' NEW MA ITER AND NOW, come the Plaintiffs, Velva J. Mentzer and Richard N. Yorlets, by and through their council, Stephen D. Tiley, Esquire, and file this Answer to Defendant's First Amended Answer With New Matter and Counterclaim With Plaintiffs' New Matter, of which the following is a statement: (Paragraph numbers refer to Defendant's First Amended Answer with New Matter and Counterclaim) ANSWER TO NEW MATTER 11. Paragraph 11 of Defendant's New Matter incorporates paragraphs 1 through 10 of Defendant's Answer. Paragraphs 1 through 6 of Defendant's Answer admit Complaint paragraphs 1 through 6 and therefore set forth no counterclaim to which a responsive pleading is required. Paragraph 7 of Defendant's Answer is denied to the extent that it avers, or may aver, that Defendant has made use of the property for the purpose of increasing the value of the Plaintiff's Answer with New Matter to Defendant's First Amended New Matter and Counterclaim Page 1 n_ . property. Defendant and Plaintiffs have reached no agreement concerning the use of the property and the Defendant has admitted this by admitting paragraph 6 of Plaintiffs Complaint. Defendant has not made any use of the property for the purpose of increasing its value. Plaintiffs have not consented to any use of the property by Defendant or her spouse. Defendant has made use of the property, or a portion of it, by farming it solely for Defendant's own gain. Instead of increasing the value of the property, Defendant has used the property in manner which significantly decreases its value by storing trash, junk, and dilapidated structures on the property. By way of further Answer to these averments, Plaintiffs state that after reasonable investigation they are without knowledge or information sufficient to form a belief as to the truth of the averment that the Defendant has used the property for the intent or purpose of increasing the property's value therefore the averment is denied. Paragraph 8 is admitted to the extent that it admits that the Plaintiffs have made a claim for the sale and division of the subject property and division of the proceeds of sale. To all other extents paragraph 8 of Defendant's Answer sets forth no averments of fact to which a responsive pleading is required and is therefore denied. Paragraph 9 of Defendant's Answer is admitted to the extent it avers that the Plaintiffs have made a claim for an accounting and division of income earned from the use of the subject property. To all other extents paragraph 9 of Defendant's Answer sets forth no averments of fact to which a responsive pleading is required and is therefore Plaintiff's Answer with New Matter to Defendant's First Amended New Matter and Counterclaim II ~~'. " - - \_~ .' ,.c, Page 2 .- ~__"'_ '~, 'CO, ;",,~. _~ ' " " ,I. ,- k"';"__~_' . denied. Paragraph 1 0 of Defendant's Answer Is admitted to the extent that it avers that the Plaintiffs have made a claim for legal fees and costs. To all other extents paragraph 10 of Defendant's Answer sets forth' no averments of fact to which a responsive pleading is required and is therefore denied. 12. Denied. Defendant has averred no facts upon which to base the conclusion set forth in this paragraph and in fact by admitting paragraph 6 of Plaintiffs Complaint has admitted that there have been no such agreements which could be construed as an accord and satisfaction. By way of further Answer, the averments of this paragraph set forth conclusions of law to which no responsive pleading is required. Strict proof at trial is demanded. 13. Denied. Defendant has averred no facts upon which to base the conclusion set forth in this paragraph and in fact by admitting paragraph 6 of Plaintiff's Complaint has admitted that there have been no such agreements which could be construed as consent. By way of further Answer, the averments of this paragraph set forth conclusions of law to which no responsive pleading is required. Strict proof at trial is demanded. 14. Denied. The averments of this paragraph set forth conclusions of law to which no responsive pleading is required. Strict proof at trial is demanded. 15. Denied. The averments of this paragraph set forth conclusions of law to which no responsive pleading is required. Strict proof at trial is demanded. 16. Denied. Defendant has averred no facts upon which to base the conclusion set forth in this paragraph and in fact by admitting paragraph 6 of Plaintiff's Complaint has admitted that there have been no such agreements which could be Plaintiff's Answer with New Matter to Defendant's First Amended New Matter and Counterclaim Page 3 construed as a license. By way of further Answer, the averments of this paragraph set forth conclusions of law to which no responsive pleading is required. Strict proof at trial is demanded. 17. Denied. The averments of this paragraph set forth conclusions of law to which no responsive pleading is required. Strict proof at trial is demanded. ANSWER TO COUNTERCLAIM 18. Paragraph 18 incorporates paragraphs 1 through 16 of Defendant's Answer with New Matter. Paragraphs 1 through 6 of Defendant's Answer admit Complaint paragraphs 1 through 6 and therefore set forth no counterclaim to which a responsive pleading is required. Paragraph 7 of Defendant's Answer is denied to the extent that it avers, or may aver, that Defendant has made use of the property for the purpose of increasing the value of the property. Defendant and Plaintiffs have reached no agreement concerning the use of the property and the Defendant has admitted this by admitting paragraph 6 of Plaintiffs Complaint. Defendant has not made any use of the property for the purpose of increasing its value. Plaintiffs have not consented to any use of the property by Defendant or her spouse. Defendant has made use of the property, or a portion of it, by farming it solely for Defendant's own gain. Instead of increasing the value of the property, Defendant has used the property in manner which significantly Plaintiff's Answer with New Matter to Defendant's First Amended New Matter and Counterclaim Page 4 decreases its value by storing trash, junk, and dilapidated structures on the property. By way of further Answer to these averments, Plaintiffs state that after reasonable investigation they are without knowledge or information sufficient to form a belief as to the truth of the averment that the Defendant has used the property for the intent or purpose of increasing the property's value therefore the averments are denied. Paragraph 8 is admitted to the extent that it admits that the Plaintiffs have made a claim for the sale and division of the subject property and division of the proceeds of sale. To all other extents paragraph 8 of Defendant's Answer sets forth no averments of fact to which a responsive pleading is required and is therefore denied. Paragraph 9 of Defendant's Answer is admitted to the extent that it avers that the Plaintiffs have made a claim for an accounting and division of income earned from the use of the subject property. To all other extents paragraph 9 of Defendant's Answer sets forth no averments of fact to which a responsive pleading is required and is therefore denied Paragraph 10 of Defendant's Answer is admitted to the extent that it avers that the Plaintiffs have made a claim for legal fees and costs. To all other extents paragraph 10 of Defendant's Answer sets forth no averments of fact to which a responsive pleading is required and is therefore denied. Paragraphs 11 through 16 (which set forth Defendant's Plaintiffs Answer with New Matter to Defendant's First Amended New Matter and Counterclaim Page 5 --~, , "rd- New Matter with the inclusion of paragraph 17 which was not referenced) are denied for the reasons set forth in paragraphs 11 through 17 of this Answer to the extent that they aver facts to which a responsive pleading is required. Furthermore the averments of these paragraphs set forth conclusions of law to which no responsive pleading is required. For the foregoing reasons, Defendant's averments set forth in her New Matter are denied to the extent that they are incorporated into Defendant's Counterclaim. 19. Admitted. 20. Admitted. 21. Denied. For over 26 years Defendant has treated all or most of the property as her own (or that of her and her spouse) and Plaintiffs have been harassed whenever they have attempted to make use of the property. Rather than being "responsible for maintaining" the property, Defendant has treated the property as her own. The parties were never able to reach any agreements as to the use of the property, nor were there any agreements concerning its care or maintenance. Defendant, and her spouse, were simply volunteers doing whatever they wanted with co-owned property which they treated as their own. The southeastern portion of the land was not mowed for many years. This INas satisfactory to Plaintiffs. For some reason last year Defendant, or her spouse, chose to mow it. Plaintiff Velva J. Mentzer has paid a contractor to mow the area immediately around her house a number of times over the years. However, at times, Defendant, or her spouse, would mow this area, without being asked, and before Plaintiffs would have done so. On one occasion, Defendant, or her spouse, discovered that Plaintiff Richard N. Yorlets desired to hunt deer in the overgrown field in the southwestern area of the property and then mowed that area, preslJmably to impend such hunting. Plaintiffs Answer with New Matter to Defendant's First Amended New Matter and Counterclaim Page 6 .- 22. Admitted in part, Denied in part. For 26 years Plaintiffs have been unable to reach an agreement with the Defendant concerning the care, maintenance and use of the property. Plaintiffs have been aware of Defendant's use of the property, but are not aware of any care or maintenance alleged to be for their benefit. Plaintiffs have had no control over Defendant's use of the property for over 26 years, and, during that time, had no knowledge that Defendant considered her use of the property to be care or maintenance. For roughly 26 years neither Defendant nor her spouse made any request, claim, demand, or even comment to Plaintiffs to the effect that she, or they, considered themselves to be maintaining the property for the benefit of Plaintiffs, nor to the effect that she, or they, expected any compensation for any alleged care or maintenance. 23. Denied. The subject property is woodland, scrubland, and due to Defendants continued use, farmland. Other than the dilapidated structures placed upon the property by Defendant, without the permission or consent of Plaintiffs, there are no structures to maintain. There being no structures to maintain, the land requires no maintenance. If there was a desire to maintain the land as farmland it could have and should have been rented to a third party willing to pay rent for the use. Plaintiffs have requested but never been paid rent by Defendant for Defendant's use of a portion of the land as farmland. By way of further Answer, the averments of this paragraph set forth conclusions of law to which no responsive pleading is required. Strict proof at trial is demanded. 24. Denied. Plaintiffs have previously sought to have the property sold and to reach an agreement with Defendant concerning Defendant's use of the property but have been unable to do so. Plaintiffs did not fail to act but rather Defendant failed to reach any reasonable accord with Plaintiffs concerning the use of the property. Defendant or her spouse, has simply made whatever use of the property which Defendant desired and Plaintiffs have no financial duty to Defendant for Defendant's activities for personal pleasure or profit. To'the extent of the averment of this paragraph set forth a conclusion of law no responsive pleading is required and the averments are Denied, strict proof at trial is demanded. Plai1lliff's Answer with New Matter to Defendant's First Amended New Matter and Counterclaim Page 7 - ~, "" WHEREFORE, Plaintiffs respectfully request Your Honorable Court to enter a judgment in favor of Plaintiffs and against Defendant, together with costs, attorney's fees and such other relief as to the Court may seem just and proper. PLAINTIFFS' NEW MATTER 25. The averments of paragraph 11 through 24 of Plaintiffs Answer to Defendant's Counterclaim are incorporated herein by reference hereto as if fully set forth herein. 26. Defendant's Counterclaim is barred by consent. Plaintiffs repeatedly attempted to work out an arrangement for the sale of the property, or for the use of the property by the Defendant and Plaintiffs but Defendant would agree to no reasonable arrangements other than that Defendant used any and all of the property in such a manner as Defendant desired and Defendant, or her spouse, repeatedly harassed Plaintiffs when they attempted to make any use of the property. There was no agreement for any maintenance or care of the property and to the extent that Defendant may have maintained or cared for the property Defendant was a volunteer. As Defendant knew that Plaintiff demanded payment for Defendant's profit making use of the property, Defendant must have known that Plaintiffs would not pay for Defendant's use of the property. Defendant's use of the property was therefore with the knowledge and consent of Defendant that the use was that of an unpaid volunteer, but that Defendant's continued use constituted consent to pay for the use of the property or share the profits from such use with Plaintiffs. 27. Defendant's Counterclaim is barred by the defense of the estoppel, laches and statute of limitations. Never, until a letter from Defendant's prior counsel dated February 2, 2001, was there any mention of, request, or demand for any compensation for any alleged care or maintenance of the property which Defendant may have made. The averments of paragraphs 25 and 26 of the New Matter are incorporated herein by reference thereto. Plaintiffs Answer with New Matter to Defendant's First Amended New Matter and Counterclaim Page 8 WHEREfORE, Plaintiffs pray Your Honorable Court for a judgment in their favor, and against Defendant, on the Defendant's Counterclaim, and Your such other and further relief as to the Court may seem just and proper. RE;SPECTFULL Y SUBMITTED, Date: m~ /dj cZDO( FREY & TILEY ~{)-~ By Step en D. Tiley Esquire, 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court ID# 32318 VERIFICATION We Velva J. Mentzer and Richard N. Yorlets, depose and say that we are the Plaintiffs in the above matter; and that the facts set forth in the forgoing Answer with Plaintiffs' New Matter are true and correct based partly upon personal knowledge and the remainder upon information and belief; We understand that this Verification is made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated:/71,fy /5'/ d<e)t!J/ /!~ J 9%J)/74~/l/ Velva J. Mentzer &kt/!/~ ich rd N. Yorets Plaintiff's Answer with New Matter to Defendant's First Amende~ New Matter and Counterclaim Page 9 II c ,-~-..- - ,~ ,","'.-'c~ '-0. " . , VELVAJ.MENTZERand RICHARD N. YORLETS, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-6398 CIVIL TERM v. MARTHA M. RAUDABAUGH, DEFENDANT IN PARTITION CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of Plaintiffs Answer to Defendant's First Amended Answer With New Matter and Counterclaim With Plaintiffs' New Matter upon the persons, and in the manner, indicated below, by depositing a copy of the same with the United States Post Office, first class mail, post prepaid and addressed as follows: IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 /'J1 ~ .:2 '2 Dated: ~ #, 2001 ~))-? Stephen . Tiley, Esquire ~ Attorney for Plaintiffs 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.D. #32318 . . --~ -- - ;,~ 1_ VEL V A J. MENTZER and RICHARD N. YORLETS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiffs, vs. No. 2000 - 6398 MARTHA M. RAUDABAUGH, Defendant. CIVIL TERM IN PARTITION DEFENDANT'S ANSWER TO PLAINTIFFS' NEW MATTER 25. Defendant incorporates by reference paragraphs 1-24 of Plaintiffs' First Amended Answer with New Matter and Counterclaim as though set forth at length herein. 26. Denied. Plaintiffs' allegation contains a conclusion of law to which no answer is required. To the extent an answer is required, Defendant denies the same and demands strict proof thereof at trial. 27. Denied. Plaintiffs' allegation contains a conclusion of law to which no answer is required. To the extent an answer is required, Defendant denies the same and demands strict proof thereof at triaL WHEREFORE, Defendant respectfully request that judgment be entered in her favor and against the Plaintiffs and in favor of the Defendant on Defendant's Counterclaim together with such other relief the Court deems just and proper. Respectfully Submitted, IRA H. WEINSTOCK, P.c. 800 North Second Street Harrisburg, P A 17102 Phone: (717) 238-1657 BY:~.{J~ HN B. DOUGH TY I I "'"'" ,- -,-.-. - '"~.~ ~J " ' ;1 ( CERTIFICATE OF SERVICE AND NOW, this 2nd day of November, 2001, I, John B. Dougherty, Esquire, attorney for Defendant, Martha M. Raudabaugh, hereby certify that I served the within DEFENDANT'S ANSWER TO PLAINTIFFS' NEW MATTER this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Stephen D. Tiley, Esquire FREY & TILEY 5 South Hanover Street Carlisle, P A 17013 By: ~6,~~ . JOHN B. DO GHE Y . ;~~ , "-0- ~, '...' 'f -/JiiI'i\lii:!&!iiiMI!lIOO-!oiiii"~ii!jj~iiM'l&'~;iJ$~:d~"',""l'!-'ill~lI<iI~.~~I~- ,~-- ,~~ ,"~ ," r _<' ,_I ^ . ~, ^' . .. .",- ',"'~r~' ,~, I~ 0 C,:) f=; G D,; ,--::) ---, [' 1T1 L , , -:;" f: c/5 - I -< c;-~ [, c: :~: I, ,'::-~ " , ~ t~ i , -- c) I -,. [ _..J ,- -<::: U",) ~I "_,,, "'" "--...' =, ,~, ".--"~.-,-, ;,f " lilliilii." VELVA J. MENTZER and RICHARD N. YORLETTS, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-6398 CIVIL TERM v. MARTHA M. RAUDABAUGH, DEFENDANT IN PARTITION PRAECIPE TO: CUMBERLAND COUNTY PROTHONOTARY: Please mark the above cap,tioned matter settled and discontinued as to both the original Complaint and the Counterclaims. Date: January /~ , 2002 ~ ,(),~ Stephe D. Tiley, Esquire 5 South Hanover Stteet Carlisle, PA 17013 (717) 243-5838 Supreme Court ID #32318 ~nJ .H-. ~~ Ira H. Weinstock, Esquire 800 North Second Street Harrisburg, PA 17102 (717) 238-1657 i:liIi" ~~~_Ufilili'.!!lliill!_~liI\Il-clf.,IfO;iIlW~hj"li~i'~I,.;Jot~,::1.\~_""_lIiWiI.''''''''''-~ "~ cc ~^ '.'~ . - "~- cC I. , ~-" ~ ~, ~, - ....... ~'"" ~ ,- '"~ 0 C) ,~ ,~ C N -,', s: <- -oeD ];li-' mrT; z 5 Z-" ~~ ZC' ~;2-: 0 -.,- L :~) ~C] -0 '--.1-- -n ->e, z " (i"1 26 l'2 ~~ ,"f'] )>c u -, ~ ,::;) )> ::;:J -< 'l:> -< ,