HomeMy WebLinkAbout08-171410
MARIE F. YOUNG,
Plaintiff
VS.
RANDY W. YOUNG and NANCY L.
DAVIS, Executors of the
Estate of Guy W. Young,
RANDY W. YOUNG and SHARON E.
YOUNG, husband and wife, and
NANCY L. DAVIS and
HARVEY J. DAVIS, Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2008 - 17) q C?V' I tte-rA
NOTICE
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 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 notice for any
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, GO TO OR TELEPHONE THE OFFICE SET FORTH'BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: (717) 249-3166
MARIE F. YOUNG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
RANDY W. YOUNG and NANCY L. 2008 - /7 IV hiri 7c??
DAVIS, Executors of the
Estate of Guy W. Young,
RANDY W. YOUNG and SHARON E.
YOUNG, husband and wife, and
NANCY L. DAVIS and
HARVEY J. DAVIS, Defendants .
COMPLAINT
AND NOW, comes the Plaintiff, Marie F. Young, by her
attorney, Dale F. Shughart, Jr., Esquire, and avers as follows:
1. Plaintiff is Marie F. Young, is an adult individual
84 years of age, who resides at 1090 Creek Road, Carlisle,
Cumberland County, Pennsylvania. She is the widow of Guy W.
Young.
2. The Defendants Randy W. Young and Nancy L. Davis are
co-Executors of the Estate of their Father, Guy W. Young, who
died on October 3, 2006, and whose estate is being administered
in the Court of Common Pleas of Cumberland County, Pennsylvania,
Orphans' Court Division, to File No. 21-06-0938.
3. Randy W. Young and Sharon E. Young, his wife, are adult
individuals who reside at 107 Opossum Lake Road, Carlisle, PA
17015.
4. The Defendants Nancy'L. Davis and Harvey J. Davis, her
husband, are adult individuals who reside at 60 Greason Road,
Plainfield, PA 17081.
5. Plaintiff is the owner, by virtue of the Last Will and
Testament of Guy W. Young, of a life estate in the real property
at which she resides at 1090 Creek Road, Carlisle (West Pennsboro
Township), Cumberland County, PA, a true and correct copy of
which Last Will and Testament is attached hereto, made a part
hereof and marked Exhibit "A".
6. Defendants Randy W. Young and Nancy L. Davis inherited a
remainder interest in the real property as aforesaid pursuant to
the decedent's Will, Exhibit "A" hereto.
7. The Executors, Randy W. Young, and Nancy L. Davis,
granted and conveyed the remainder interests in the said real
estate to themselves and their respective spouses by virtue of
Deed dated November 12, 2007 and recorded in the office of the
Recorder of Deeds in and for Cumberland County as Instrument No.
200743100, a true and correct copy of which is attached hereto,
made a part hereof, and marked Exhibit "B".
DECLARATORY JUDGMENT ACTION
8. The averments of Paragraphs 1 - 7 are incorporated
herein by reference thereto.
9. Since the death of Guy W. Young, the Defendants have
engaged in a deliberate course of conduct designed to make the
Plaintiff's occupancy of the premises difficult and upsetting.
-2-
She has therefore directed them to make all necessary contacts
through her daughter, Joyce Darhower, and her son-in-law, Floyd
Darhower.
10. Although the Will of Guy W. Young directs that
Defendants have the responsibility for yard care and snow
removal, Plaintiff has taken care of these chores at her expense,
so she does not need to deal with the Defendants on a recurring
basis.
11. Defendants have ignored Plaintiff's request to contact
her only through her agents.
12. The Defendants, through their attorney, have advised
the Plaintiff, through her attorney, that their interpretation of
the Will is that her life estate is limited to the dwelling
house.
13. On or about the week of February 11, 2008, Defendants
changed the locks on the detached garage despite Plaintiff's
protestations that the Defendants do not have a current right to
occupancy of the premises. This garage was built in 1980 on the
hill behind the "dwelling house" by Mr. Young (now deceased) in
order to store equipment, both lawn and snow removal, and
automobile in the event of flooding of the "dwelling house"
caused by the Conodoguinet Creek, which occurred on March 5
and 6, 2008. Mr. Young wanted the Plaintiff to have full use of
this garage. Plaintiff now has no access to her garage.
14. Although Defendant Randy Young has treated the
-3-
Plaintiff with cordiality and respect, and Nancy Davis, has
respected Plaintiff's wishes, for the most part, to allow Randy
Young to be the person with whom she deals, Defendant Harvey
Davis came to Plaintiff's home on October 29, 2007 and created a
scene which was extremely upsetting to Plaintiff. Thereafter,
Mr. Davis' attorney, Marcus A. McKnight, III, Esquire, was
advised by Plaintiff's attorney that Harvey Davis was not allowed
on the premises. Plaintiff subsequently learned that Harvey
Davis was now an owner of the remainder interest in the premises.
15. The Plaintiff, through her attorney, instructed the
Defendants, through their attorney aforesaid, to arrange a home
inspection and other matters related to the real estate through
her daughter, Joyce Darhower, and her daughter's husband, Floyd
Darhower. Plaintiff's undersigned attorney communicated on
several occasions to the Defendants' attorney that for
Mrs. Young's health and personal well-being, she requested that
her daughter and son-in-law handle these difficult communications
with the Defendants.
16. The Defendants have refused to deal with Plaintiff's
designated agents. Nancy Davis has told Joyce Darhower that
their attorney said they do not need to arrange matters
concerning the home through the Darhowers.
17. On Saturday, February 9, while Plaintiff was out of
town, Defendants came to her home, unannounced, with a Constable
and without having contacted Darhowers and attempted to gain
-4-
access to the premises, despite the communications from
Plaintiff's attorney. When the Defendants were unable to gain
entrance to the home, they telephoned the Darhowers. The
Darhowers then went to the property and completed the inspection
with the Defendants and a Constable.
18. The Will of Guy W. Young expressly provides that the
Defendants are responsible for maintenance and repairs to the
premises.
19. During the Winter the Plaintiff noticed that her
furnace was making noises. She immediately called the repairman
who had installed the furnace and conducted maintenance for her.
He repaired the furnace for $200, and she submitted the bill to
the Defendants.
20. The Defendants have refused to reimburse her the full
amount of the repair bill, and further, through their attorney,
instructed the Plaintiff to call them directly anytime she has
any problems at the property, to allow them to try to fix the
problem, stating that if they cannot fix it, they would select
the repairman.
21. In the future Plaintiff will have her agents notify the
Defendants in the event any repairs or maintenance are required.
22. Plaintiff, through her undersigned attorney, notified
the Defendants' attorney that if there is a future emergency,
such as the furnace, Plaintiff would not delay calling a repair
person, and will be happy to use the repair person whom the
-5-
Defendants designated, the same way most landlords handle such
matters. Further, neither Randy Young nor Nancy Davis have any
special skills to repair the many problems which can arise in an
emergency requiring immediate action. Defendants have failed to
provide Plaintiff a list of preferred repair persons.
Based upon the foregoing facts, Plaintiff prays Your
Honorable Court to award her the following declaratory relief:
A. To order and direct that the Last Will and
Testament of Guy W. Young gives her exclusive lifetime possession
of the premises and not merely the "dwelling house" in which she
resides;
B. To order and direct the Defendants to refrain from
entering upon the property except upon reasonable advance notice,
except in case of an emergency;
C. To order and direct Harvey Davis not to come to the
property on any occasion;
D. To order and direct the Defendants to have all
contact regarding the premises through the Plaintiff's designated
agents, Joyce and Floyd Darhower, and not to contact her directly
on any occasion;
E. To order and direct Defendants to provide her a
list of preferred repair persons to contact for repairs in the
event of any future emergency, such as a malfunction of the
furnace; and
F. To grant such other relief as is just and proper.
-6-
COUNT II
CIVIL ACTION FOR DAMAGES
23. The averments of Paragraphs 1 - 22 hereof are
incorporated herein by reference thereto.
24. Plaintiff incurred a cost of Two Hundred ($200.00)
Dollars to replace the fan motor on the furnace, a true and
correct copy of which bill, paid by the Plaintiff, is attached
hereto, made a part hereof, and marked Exhibit "C
25. Plaintiff has requested Defendants to reimburse her the
cost of the repairs. Defendants have refused to reimburse the
full cost, instead offering only to pay a portion thereof.
26. Plaintiff paid the costs of the funeral and interment
in the total sum of $7,425.20. True and correct copies of the
invoices of Cumberland Valley Memorial Gardens and Hoffman-Roth
Funeral Home, all of which were paid by the Plaintiff, are
attached hereto, made a part hereof, and marked Exhibits I'D" and
"En.
27. Item I of the Last Will and Testament of Guy W. Young
expressly provides that his residuary estate shall be responsible
for payment of funeral expenses.
28. Plaintiff has demanded repayment of the entire amount
paid by her and has filed a Notice of Claim against the Estate.
29. The Defendants through their attorney have refused to
reimburse the Plaintiff the entire cost of the funeral and burial
instead, offering to reimburse her only a portion thereof.
-7-
30. Since the Defendants have distributed the real estate
to themselves without reimbursing the funeral expenses to the
Plaintiff in accordance with the Will, all are jointly and
severally liable to the Plaintiff.
NOW, THEREFORE, Plaintiff Marie F. Young, prays Your
Honorable Court to enter judgment against the Defendants, jointly
and severally, in the sum of Seven Thousand Six Hundred twenty-
five and 20/100 ($7,625.20) Dollars, together with interest
thereon and costs of suit.
Respectfully s fitted,
1°
Dale F. Shug ar Jr.
Supreme Court I . 19373
10 West High Street
Carlisle, PA 17013
(717) 241-4311
VERIFICATION
Marie F. Young hereby verifies that the facts set forth in
the foregoing Complaint are true and correct to the best of her
knowledge, information and belief, and understands that false
statements herein are made subject to the penalties of 18 Pa.
C.S. §4904 relating to unsworn falsifications.
DATE: March N 2008
-8-
LAST WILL AND TESTAMENT OF
GUY W. YOUNG
I, Guy W. Young, of West Pennsboro Townshi Cumberland
County, Pennsylvania, declare this to be my Las Will and
Testament and revoke all Wills and Codicils pre iously made by
me.
ITEM I: I direct that my legally enforce le debts and
funeral expenses, together with the expenses of the
administration of my estate, shall be paid from my residuary
estate as soon as practicable after my decease, as a part of the
expense of the administration of my estate.
ITEM II: I bequeath my .22 caliber revolv r
and my 2005
Ford Free Star van (or any other motor vehicle ich I may
h
subsequently purchase to replace it) unto my wi e, Marie F.
Young, provided she shall survive me.. Except f r these items, my
ATV, "and the remainder of my'firearm collection, hereinafter
referenced, I consider all of the tangible pers al property in
our marital home (including but not limited to 1 property in
the house and in the garage) to be owned jointl by my said wife,
Marie F. Young, and me as tenants by the entire 'es.
ITEM III: I bequeath my ATV unto my daught r, Nancy L.
Davis, provided she shall survive me.
ITEM IV: I bequeath all of my other firea s unto my son,
Randy W. Young, provided he shall survive me.
ITEM V: In the event my wife, Marie F. Yo
g, shall survive
me, I devise and bequeath a life estate in my dw lling house at
1090 Creek Road, Carlisle (West Pennsboro Townsh p), Cumberl&Ad
County, Pennsylvania and all policies of insuran a th.on tm my!:
said wife, without liability for waste. Upon th deaF?? mX?
said wife or at such prior time as she shall cea e to_=?d, the
`ate t,?
premises as a home for herself, the life estate ha-Xj6-&i a
?
and the remainder interest in my dwelling house hall.v$st in my_ ":.I
cat .
two children, Nancy L. Davis and Randy W. Young, as hereinafter '
provided. Should my said wife be temporarily pl ced in a
rehabilitation hospital or long term care facili y with any
xh?b
_ _ .?..e ._?,.--.??....?.«. ' '- - ?? ter..
reasonable expectation that she may recover suf iciently to
return home, the life estate shall not be termi ated by her
temporary absence but shall terminate only upon written agreement
of said wife or her Agent under Durable General Power of
Attorney, or certification by her medical care rovider that her
condition is permanent and will not reasonably improve to allow
her-to return home.
So long as my said wife uses the premises as her home, my
children shall pay all of the costs of maintenance thereof,
including insurance, all repairs, lawn care and now removal,
taxes and assessments. My said wife shall pay t e electric,
heat, and telephone bills. I direct that my sai wife shall not
be required to give bond as a life tenant under his Item V of my
Will.
ITEM VI: I devise my real property situate at 1090 Creek
Road, Carlisle (West Pennsboro Township), Cumber and County,
Pennsylvania unto my daughter, Nancy L. Davis, and my son,
Randy W. Young, subject to the life estate form wife, Marie F.
Young, created in Item V hereof. Should either f my said
children predecease me, his or her share of this devise shall
lapse and vest in the survivor, absolutely. Sho ld both of my
said children predecease me, this devise shall lapse in its
entirety and shall be added to my residuary estate as devised and
bequeathed under Item VII hereof, subject to the obligations set
forth in this Item VI and in Item V of my Will.
ITEM V: I devise and bequeath the rest, residue and
remainder of my estate of every nature and wherever situate in
equal shares unto my two children, Nancy L. Davis and Randy W.
Young. Provided, however, that should either of y said children
predecease me or die on or before the thirtieth ay following my
death, her or his share of my estate shall be distributed to her
or his then living issue, per stirpes, and in def ult of such
then living issue, such share shall be added to t e share of my
t
other child if then living, or to his or her is ue, per stirpes,
if then deceased.
ITEM VI: All Federal, State and other dea h taxes payable
because of my death, with respect to the proper y forming my
gross Estate for tax purposes, whether passing nder this Will or
otherwise, including any interest or penalty im osed in
connection with such taxes, such be considered part of the
expense of the administration of my Estate and hall be paid out
of -the principal of my residuary estate without apportionment or
right of reimbursement.
ITEM VII: I appoint my said son, Randy W. Young, and my
daughter, Nancy L. Davis, Executors of this my ast Will and
Testament.
ITEM VIII: I direct that all fiduciaries cting under this
Will, whether or not named herein, shall-not-be required to give
bond for the faithful performance of their duti s in any
jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal,
this 9 day of September, 2006.
M, v [SEAL]
W. Yo a
The preceding instrument, consisting of thi
other typewritten pages, each identified by the
Testator, was on the date thereof, signed, publi
Guy W. Young, the Testator therein named, as and
Will, in the presence of us, who, at his request
and in the presence of each other, have subscri?
witnesses hereto. ," /
and two (2)
ignature of the
hed and declared
for his last
in his presence
our names as
-3-
/1
v
COP44ONWEALTH OF PENNSYLVANIA .
SS
COUNTY OF CUMBERLAND
We, Guy W. Young, Dale F. Shughart, Jr.,, a d Marie F. Young,
the Testator and the witnesses, respectively, w ose names are
signed to the foregoing instrument, being first duly sworn, do
hereby declare to the undersigned authority that the Testator
signed and executed the instrument as his last %ill and that he
had signed willingly, and that he executed it as his free and
voluntary act for the purposes therein expressed, and that each
of the witnesses, in the presence and hearing of the Testator,
signed the Will as witness and that to the best f his/her
knowledge the Testator was at that time eighteen years of age or
older, of sound mind and under no. constraint or due influence.
Tests
1
Witne s
Subscribed, sworn to and acknowledged before me by
Guy W. Young, the Testator, and subscribed and sworn to before me
by Dale F. Shughart, Jr, and Marie F. Young, witnesses, this
1.7- day of September, 2006.
-2
_
NOTARIAL S
DONNE L COYLE NOTARY PU9UC Notary P 11 C
MV COMMOF CARLONA CUMBERLAND C. PA
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Customer Name
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Date of Service Property Location (if different from above)
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Cumberland Valley Memorial Gardens
A DMSION OF STONEMOR PARTNERS, L.P. Invoice NO. 26-3-0274.7
1921 Ritner Highway
Carlisle, PA 17013
Phone (717) 243-3541 Fax (717) 243-4495
INVOICE
L-uszomer
Name Marie Young
Address 1090 Creek Road
City Carlisle State PA ZIP 17015
Phone
1 (Grave Opening/Closing for Guy W. Young
1)0 6
Payment Details
O Cash
Check
O Money Order
Name
Date 10/6/2006
Order No.
Ref #
FOB
Unit Price TOTAL
$1,150.00 $1,150.00
SubTotal 1 $1,150.00
Taxes State
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TOTAL $1,150.00
Thank You
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MARIE F. YOUNG,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
RANDY W. YOUNG and
NANCY L. DAVIS, Executors of the
Estate of Guy W. Young,
SHARON E. YOUNG, husband and wife, :
And NANCY L. DAVIS and
HARVEY J. DAVIS,
Defendants
NO. 2008-1714 CIVIL TERM
PRAECIPE FOR ENTRY OF APPEARANCE
To Curtis R. Long, Prothonotary:
Please enter my appearance on behalf of the Defendants in the above captioned case.
Respectfully submitted,
IRWIN cKNIGH
By:
Marcus ight, III, Esq e
60 West Cvanmia treet
Carlisle, Pe 17013
(717) 249-2353
Attorney for Defendants
Date: March 18, 2008
if ,1A.
MARIE F. YOUNG,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
RANDY W. YOUNG and
NANCY L. DAVIS, Executors of the
Estate of Guy W. Young,
SHARON E. YOUNG, husband and wife, :
And NANCY L. DAVIS and
HARVEY J. DAVIS,
Defendants
NO. 2008-1714 CIVIL TERM
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe for
Entry of Appearance was served upon the following by depositing a true and correct copy of the
same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date
referenced below and addressed as follows:
Dale F. Shughart, Jr.
10 West High Street
Carlisle, PA 17013
Date: March 18, 2008
By:
IRWIN & McKNIGHT
60 Wes mfret Street
Car ' e, PA 17013
(7 ) 249-2353
Sun urt I.D. Na
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01714 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
YOUNG MARIE
VS
YOUNG RANDY W ET AL
NOAH CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
YOUNG RANDY W EXEC the
DEFENDANT , at 1900:00 HOURS, on the 17th day of March , 2008
at 107 OPOSSUM LAKE ROAD
CARLISLE, PA 17015
by handing to
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
Postage
Surcharge
31ag1oj- Q-
18.00
4.80
.75
10.00
.00
33.55
Sworn and Subscibed to
before me this
of
day
So Answers:
R. Thomas Kline
03/18/2008
DALE F SHUGHART JR
By :
Deputy Sheriff
A. D.
f .
CASE NO: 2008-01714 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
YOUNG MARIE
VS
YOUNG RANDY W ET AL
NOAH CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
DAVIS NANCY L EXEC the
DEFENDANT , at 1910:00 HOURS, on the 17th day of March 2008
at 60 GREASON ROAD
PLAINFIELD, PA 17081
by handing to
NANCY L DAVIS
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
311,A?0% 4-
6.00
4.80
.00
10.00
.00
20.80
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
03/18/2008
DALE F
SHUGHART JR '
By:
Deputy Sheriff
A. D.
SHERIFF'S RETURN - REGULAR
. CASE NO: 2008-01714 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
YOUNG MARIE
VS
YOUNG RANDY W ET AL
NOAH CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
YOUNG SHARON E the
DEFENDANT , at 1900:00 HOURS, on the 18th day of March , 2008
at 107 OPOSSSUM LAKE ROAD
CARLISLE, PA 17015
by handing to
RANDY W YOUNG, 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
3I)41u 9
So Answers:
6.00
.00
.00
10.00 R. Thomas Kline
.00
? 16.00 03/18/2008
DALE F SHUGHART JR
Sworn and Subscibed to
before me this
of
By:
day Deputy Sheriff
A.D.
SHERIFF'S RETURN - REGULAR
.. . .
CASE NO: 2008-01714 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
YOUNG MARIE
VS
YOUNG RANDY W ET AL
NOAH CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
T the
DEFENDANT
at 1910:00 HOURS, on the 17th day of March , 2008
at 60 GREASON ROAD
PLAINFIELD, PA 17081
NANCY L DAVIS, WIFE
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00 .00 So Answers:
? ?r y
.00
10.00 R. Thomas Kline
.00
16.00 03/18/2008
DALE F SHUGHART JR
Sworn and Subscibed to
before me this
of
By:
day Deputy Sheriff
A.D.
MARIE F. YOUNG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
RANDY W. YOUNG and NO. 2008-1714 CIVIL TERM
NANCY L. DAVIS, Executors of the
Estate of Guy W. Young,
RANDY W. YOUNG and
SHARON E. YOUNG, husband and wife, :
And NANCY L. DAVIS and
HARVEY J. DAVIS, ;
Defendants
NOTICE TO PLEAD
TO: MARIE F. YOUNG, Plaintiff, and her attorney, Dale F. Shughart, Jr.
YOU ARE HEREBY NOTIFIED that you must responsively plead to the within
Answer to Plaintiffs Complaint with New Matter, pursuant to Pa. R.C.P. 2252(d) within twenty
(20) days after service, or a default judgment may be entered against you.
IRWIN & By:
MaZe:;s A. ight, 1, Esquire
60 P mfret Street
Carlisl , P sylvania 1 13-3222
(717) 2 9-23
Supreme Court ID. No. 25476
Attorney for Defendants
Date: June 3, 2008
MARIE F. YOUNG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
RANDY W. YOUNG and NO. 2008-1714 CIVIL TERM
NANCY L. DAVIS, Executors of the
Estate of Guy W. Young,
RANDY W. YOUNG and
SHARON E. YOUNG, husband and wife, :
And NANCY L. DAVIS and
HARVEY J. DAVIS, .
Defendants
ANSWER TO COMPLAINT
WITH NEW MATTER
AND NOW, this 3rd day of June 2008, comes the Defendants, Randy W. Young, and
Nancy L. Davis, Executors of the Estate of Guy W. Young, and Randy W. Young and Sharon E.
Young, husband and wife, and Nancy L. Davis and Harvey J. Davis, husband and wife,
Defendants, by their attorneys, Irwin & McKnight, and makes the following Answer to
Complaint with New Matter:
1.
The averments of fact contained in paragraph one (1) of the Complaint are admitted.
2.
The averments of fact contained in paragraph two (2) of the Complaint are admitted.
3.
The averments of fact contained in paragraph three (3) of the Complaint are admitted.
4.
The averments of fact contained in paragraph four (4) of the Complaint are admitted.
5.
The averments of fact contained in paragraph five (5) of the Complaint are admitted.
2
6.
The averments of fact contained in paragraph six (6) of the Complaint are admitted.
7.
The averments of fact contained in paragraph seven (7) of the Complaint are admitted.
DECLARATORY JUDGMENT ACTION
8.
The averments of Paragraphs one (1) through seven (7) are incorporated herein by
reference and made a part of the Answers to paragraph eight (8) of the Declaratory Judgment
Action.
9.
The averments of fact contained in paragraph nine (9) of the Complaint are specifically
denied. On the contrary, the Defendants have patiently attempted to work with the Plaintiff
despite interference from the Plaintiff s children in this matter. Agreements were reached
regarding access to the real property, personal property, maintenance and other issues which the
Plaintiff, as a life estate owner, needed to arrange with the Defendants who own the remainder
interest.
10.
The averments of fact contained in paragraph ten (10) of the Complaint are admitted in
part and denied in part. It is admitted that the will places the responsibility on the remainder
interest for maintenance. Despite the will, however, the Plaintiff has insisted that she control the
maintenance and has refused all offers of the Defendants to provide lawn maintenance and snow
removal. She has refused to cooperate with the Defendants. Her agents are her children who
treat the Defendants with hostility.
3
11.
The averments of fact contained in paragraph eleven (11) of the Complaint are
specifically denied. On the contrary, the Defendants attempted to deal with the agents of the
Plaintiff but the hostility and lack of cooperation make communication very difficult.
12.
The averments of fact contained in paragraph twelve (12) of the Complaint are admitted.
The outbuildings had been used to store Mr. Young's belongings and were used at times by the
Defendants. They were not mentioned as part of the Plaintiff's life estate in the will. The will
specifically states in Item V that the Plaintiff shall have a life estate in the dwelling house.
13.
The averments of fact contained in paragraph thirteen (13) of the Complaint are denied.
On the contrary, the Plaintiff was to provide the Defendants access to all the structures by
providing keys. Keys to the dwelling house were provided by the Plaintiff. On January 4, 2008,
the Defendants discovered that their keys did not work. The Plaintiff and or her children had
installed new locks on the inside of the dwelling in order to deny the Defendants access to the
house. The Defendants changed the locks on the outbuildings to prevent the Plaintiff and or her
children from denying them reasonable access to those structures.
14.
The averments of fact contained in paragraph fourteen (14) of the Complaint are
admitted. Defendant, Harvey J. Davis, is now an owner and will be involved in every manner
regarding the property.
15.
The averments of fact contained in paragraph fifteen (15) of the Complaint are admitted.
The Plaintiff has chosen to use Joyce Darhower and her husband, Floyd Darhower, to handle
communications with the Defendants. They have treated the Defendants with outbursts of anger
and harshness making a difficult situation much worse than it need to become.
4
16.
The averments of fact contained in paragraph sixteen (16) of the Complaint are
specifically denied. If the Darhowers are unavailable or become too difficult to deal with, notice
still has to be provided to the Plaintiff.
17.
The averments of fact contained in paragraph seventeen (17) of the Complaint are
admitted in part and denied in part. It is denied that they came to the home unannounced. They
had repeatedly attempted to provide notice to the Plaintiff of the annual inspection of the house.
When they were unable to gain access to the home on February 9, 2008, they discovered that the
Plaintiff had left the home for several weeks.
18.
The averments of fact contained in paragraph eighteen (18) of the Complaint are
admitted. The Plaintiff refuses their offers of maintenance and refuses to cooperate with them.
19.
The averments of fact contained in paragraph nineteen (19) of the Complaint are admitted
in part and denied in part. It is admitted that the Plaintiff contacted her repairman. It is denied
that she ever notified the Defendants of the problem who are responsible for repairs and
maintenance until she sent the bill.
20.
The averments of fact contained in paragraph twenty (20) of the Complaint are admitted
in part and denied in part. It is admitted that the Defendants only agreed to pay a portion of the
bill. They have attempted to place a procedure which will insure that they have an opportunity to
respond to a problem once the Plaintiff identifies it for them since she is in possession of the
dwelling house.
5
21.
The averments of fact contained in paragraph twenty-one (21) of the Complaint are future
intentions of the Plaintiff. The Defendants simply require reasonable notice of a problem which
needs repair or maintenance.
22.
The averments of fact contained in paragraph twenty-two (22) of the Complaint are
admitted in part and denied in part. It is admitted that if an emergency should occur, the Plaintiff
should call the Defendants who will call the appropriate repair personnel. Defendant, Randy
Young, does have the ability to make basic repairs or contact appropriate repair personnel.
The declaratory relief sought by the Plaintiff is inappropriate due to the following:
A. The will language speaks for itself;
B. No relief is necessary since the Defendants have practiced that procedure. The
Plaintiff with the use of additional locks has denied the Defendants reasonable
access to the dwelling house;
C. There is no basis to single out Defendant, Harvey J. Davis. The Plaintiff has
alleged no inappropriate conduct by Defendant, Harvey J. Davis;
D. There is no need for relief. The Defendants will contact the Plaintiff s agents
unless they refuse to cooperate. Then contact will have to occur with the Plaintiff
herself;
E. There is no basis for this relief when the Plaintiff refuses to contact the
Defendants who are directly responsible for the repair or maintenance.
6
COUNT II
CIVIL ACTION FOR DAMAGES
23.
The Averments of Paragraphs one (1) through twenty-two (22) are incorporated herein by
reference and made a part of this Answer.
24.
The averments of fact contained in paragraph twenty-four (24) of the Complaint are
specifically denied. On the contrary, the Plaintiff never contacted the Defendants regarding the
problem. They had no opportunity to evaluate or provide needed repair. The amount the
Defendants offer is a reasonable compromise.
25.
The averments of fact contained in paragraph twenty-five (25) of the Complaint are
admitted. It is a reasonable compromise.
26.
The averments of fact contained in paragraph twenty-six (26) of the Complaint are
admitted in part. It is admitted that the sum of $7,425.20 was paid for the funeral. Some of the
payment was from insurance that Mr. Young had provided for his funeral expenses. The
Defendants had paid some of the expenses beyond those paid on behalf of the Plaintiff.
27.
The averments of fact contained in paragraph twenty-seven (27) of the Complaint are
admitted.
28.
The averments of fact contained in paragraph twenty-eight (28) of the Complaint are
admitted.
7
29.
The averments of fact contained in paragraph twenty-nine (29) of the Complaint are
admitted in part and denied in part.
30.
The averments of fact contained in paragraph thirty (30) of the Complaint are specifically
denied. The ownership of the real estate does not impact the Plaintiff s life estate. The
beneficiaries of the real estate cannot be responsible for funds beyond those of the estate itself.
NEW MATTER
AND NOW, this 3' day of June 2008, comes the Defendants by their attorneys, Irwin &
McKnight, and makes the following New Matter:
31.
The Plaintiff has deliberately issued keys to doors upon which she placed new locks
without informing the Defendants.
32.
The Plaintiff is denying Defendants reasonable access to the property.
33.
The Plaintiff refuses to permit the Defendants to provide for routine repairs and
maintenance of the property.
34.
The Plaintiff had agreed to use the remaining funds she received for payment of the
funeral bill and now seeks payment from the Defendants when she knows no payment can occur
until the real estate is free of her life estate.
WHEREFORE, the Defendants respectfully requests that the Plaintiffs Complaint be
dismissed with reasonable attorney fees and costs to the Defendants.
Respectfully submitted,
IRWIN & McKNIGHT
By: n
/ M, - J: ?;;'
Marcus . M igh , [I, Esquire
60 West fret Street
Carlisle, ennsylvania 1701
(717)24 1 53
Supreme Cou 5476
Date: June 3, 2008
9
VERIFICATION
The foregoing document is based upon information which has been gathered by
counsel and ourselves 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 unworn falsification to authorities.
I? aenA oz/ ?7 a--C?
RANDY W. UNG
e,
SHARON E. YOUNGO C)
, "?q D?a' - '-' ?- .
NANCY--t. DAVIS
HARVEY J S
Date: June 3, 2008
4
MARIE F. YOUNG,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
RANDY W. YOUNG and
NANCY L. DAVIS, Executors of the
Estate of Guy W. Young,
SHARON E. YOUNG, husband and wife, :
And NANCY L. DAVIS and
HARVEY J. DAVIS,
Defendants
CIVIL ACTION - LAW
NO. 2008-1714 CIVIL TERM
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Dale F. Shughart, Jr., Esq.
10 West High Street
Carlisle, PA 17013
IRWIN & McKNIGHT
By: MarcA. Mc ght, III, Esquire
60 W t Pomfr S t
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: June 3, 2008
10
- 1 r
MARIE F. YOUNG, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
RANDY W. YOUNG and NANCY L. 2008 - 1714 Civil Term
DAVIS, Executors of the
Estate of Guy W. Young,
RANDY W. YOUNG and SHARON E.
YOUNG, husband and wife, and
NANCY L. DAVIS and
HARVEY J. DAVIS, Defendants
REPLY TO NEW MATTER
AND NOW, comes the Plaintiff, Marie F. Young, by her
attorney, Dale F. Shughart, Jr., Esquire, and makes the following
Reply to Defendant's New Matter:
31. Denied. Plaintiff has requested the Defendants to make
arrangements through her daughter, Joyce Darhower, or her son-in-
law, Floyd Darhower, to have access to the property on reasonable
advance notice. The Defendants have, nevertheless, persisted in
attempting to access the property without advance notice and on
occasions when Plaintiff is not home. When Plaintiff receives
protection from the requested Court Order in the above captioned
matter, that she may be assured that the Defendants will not come
unannounced to her property, nor come to her property alone when
`
she is not present, she will provide them a key.
32. Denied. The Defendants have reasonable access to the
property. All they need to do is call Floyd or Joyce Darhower to
make arrangements to go onto the property upon reasonable advance
notice.
33. Denied. Defendants are invited to make routine repairs
and maintenance to the property, at anytime, upon reasonable
advance notice.
34. Denied. Plaintiff advanced payment of the funeral bill
because the estate did not have cash. The Defendants are
obligated to reimburse her, and having distributed to real estate
to themselves, are personally obligated, jointly and severally,
to the Plaintiff to reimburse her advance to the Estate as
provided in the Will.
WHEREFORE, Plaintiff respectfully prays Your Honorable Court
to grant Plaintiff the relief requested in her Complaint.
Respectf ll mitted,
?-?w , Dale F. S u , r.
Supreme Co t I.D. 19373
10 West High Street
Carlisle, PA 17013
(717) 241-4311
VERIFICATION
Marie F. Young hereby verifies that the facts set forth in
the foregoing Reply to New Mater are true and correct to the best
of her knowledge, information and belief, and understands that
false statements herein are made subject to the penalties of 18
Pa. C.S. §4904 relating to unsworn falsifications.
\?,
DATE: June 1, 6, 2008
MARIE F. YOUNG,
Plaintiff
VS.
RANDY W. YOUNG and NANCY L.
DAVIS, Executors of the
Estate of Guy W. Young,
RANDY W. YOUNG and SHARON E.
YOUNG, husband and wife, and
NANCY L. DAVIS and
HARVEY J. DAVIS, Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2008 - 1714 Civil
CERTIFICATE OF SERVICE
AND NOW, this " --"day of June, 2008, I, Dale F. Shughart,
Jr., Esquire, attorney for Plaintiff, hereby certify that I have
served a copy of the Answer to New Matter by mailing a copy of
the same by United States mail, postage prepaid, addressed as
follows:
Marcus A. McKnight, III, Esquire
60 West Pomfret Street
Carlisle, PA 1702 4t
Dale F. Shughar?, 'Jr\,-J
Supreme Court I. 19373
10 West High Street
Carlisle, PA 17013
(717) 241-4311
C7 ?
?
? ,rya
CO
MARIE F. YOUNG,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No: 2008 -1714
V.
RANDY W. YOUNG and
NANCY L. DAVIS, et al.,
Defendants
TO THE PROTHONOTARY:
CIVIL ACTION - LAW
ENTRY OF APPEARANCE
Please enter my appearance as counsel for Plaintiff, Marie F. Young.
Date: July IS , 2008
Na a Wolf, Esquire
Su me Court ID# 87380
10 West High Street
Carlisle, PA 17013
717-241-4436
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MARIE F. YOUNG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
No: 2008 -1714
V.
RANDY W. YOUNG and .
NANCY L. DAVIS, et al., : CIVIL ACTION - LAW
Defendants
CERTIFICATE OF SERVICE
I hereby certify that I have served a copy of the Entry of Appearance, concerning the above-
referenced case, upon the following person and in the manner indicated:
B U. S.
Marcus A. McKnight, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
ft Hand Delivery
Dale F. Shughart, Jr., Esquire
10 West High Street
Carlisle, PA 17013
Dated: July ? ?, 2008
WOLF & WOLF
Na n C. lf, Esquire
S re Court ID# 87380
10 est High Street
Carlisle, PA 17013
717-241-4436
!-
C TI
V ? ? FJo-
"t-„ 7
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
? for JURY trial at the next term of civil court.
;, for trial without a jury.
- - - --- - -- - --- - - -- - - -- - ------ - - --- - -- - -------------------- - - ----
CAPTION OF CASE
(entire caption must be stated in full) (check one)
MARIE F. YOUNG
?X Civil Action - Law
? Appeal from arbitration
(other)
(Plaintiff)
VS.
RANDY W. YOUNG and NANCY L. DAVIS,
Executors of the Estate of Guy W. Young,
RANDY W. YOUNG and SHARON E. YOUNG,
husband and wife, and NANCY L. DAVIS and
HARVEY J. DAVIS (Defendant)
VS.
The trial list will be called on .
and
Trials commence on
Pretrials will be held on
(Briefs are due S days before pretrials
No. 2008-1714 , Civil Term
Indicate the attorney who will try case for the parry who files this praecipe:
Nathan C. Wolf, Esquire
Indicate trial counsel for other parties if known:
Co-counsel for Plaintiff, Dale F. Shughart, Jr.
Marcus A. McKnight, III, Esquire
This case is ready for trial.
Date: r S
Print Name:
Attorney for: P19-int if f
C
MARIE F. YOUNG,
Plaintiff
V.
RANDY W. YO UNG and
NANCY L. DA IS,
Executors of the Estate of
Guy W. Young, RANDY W.
YOUNG and SH ARON E.
YOUNG, husba d and
wife, and NANC Y L.
DAVIS and HA RVEY J.
DAVIS,
Defend is
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-1714 CIVIL TERM
ORDER OF COURT
AND N W, this 22°d day of July, 2008, a pretrial conference in the above matter
is scheduled f r Thursday, October 2, 2008, at 10:30 a.m., in chambers of the
undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial
memoranda shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least
five days prior t the pretrial conference.
A NON Y TRIAL in the above matter is scheduled for Thursday, October 23,
2008, at 10:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle,
Pennsylvania.
BY THE COURT,
Xale F. ShughE
Nathan C. Wol
10 West High
Carlisle, PA 17
Attorneys for F
, Jr., Esq.
Esq.
13
ff J
,ilGlarcus A. McKnight, III, Esq.
60 West Pomfret Street
Carlisle, PA 17 13
Attorney for D fendants
f?
F yr ?l
J Wes ey Ol Jr., J.
Court Adminis*ator_ `lam e
P' !LCD
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(1 1t'' 7 r'1(^?
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ZZ ' 'Al CZ
314 30-
MARIE F. YOUNG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
RANDY W. YOUNG and 2008 - 1714 CIVIL TERM
NANCY L. DAVIS, Executors:
of the Estate of Guy W. .
Young, RANDY W. YOUNG and:
SHARON E. YOUNG, husband
and wife, and NANCY L.
DAVIS and HARVEY J. DAVIS:
Defendants
PRAECIPE
Dear Sir:
I, Dale F. Shughart, Jr., Esquire, hereby withdraw as
counsel for plaintiff, Marie F. Young, in favor of
co-counsel, Nathan C. Wolf, Esquire.
TO: Curtis R. Long, Prothonotary
Date: September 26, 2008 ?, (1
Dale F. Shug r r
Supreme Court .D. 1 37
10 West High Street
Carlisle, PA 17013
(717) 241-4311
cc: Nathan C. Wolf, Esquire
Marcus A. McKnight, III, Esquire
Marie F. Young, Plaintiff
? a ?
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MARIE F. YOUNG, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V CIVIL ACTION - LAW
RANDY W. YOUNG and NANCY .
L. DAVIS, Executors of the:
Estate of Guy W. Young,
RANDY W. YOUNG and
SHARON E. YOUNG, husband
and wife, and NANCY L.
DAVIS and HARVEY J. DAVIS,:
Defendants
2008-1714 CIVIL TERM
IN RE: PRETRIAL CONFERENCE
A pretrial conference was held in the chambers of
Judge Oler in the above-captioned case on October 2, 2008.
Present on behalf of Plaintiff was Nathan C. Wolf, Esquire.
Present on behalf of Defendants was Marcus A. McKnight, III,
Esquire, assisted by paralegal Karen Noel.
This is a mixed cause of action in which
Plaintiff life tenant claims damages and seeks injunctive relief
from children, and spouses of children, of a testator, the said
children being remainderman with respect to real estate in which
Plaintiff has a life tenancy.
This will be a nonjury trial which has been
scheduled by separate order for October 23, 2008, commencing at
10:00 a.m.
Counsel are directed to submit to the Court
briefs at least 5 days prior to commencement of trial on the
issues which they perceive to exist in the case, including the
issue of whether the claims raised herein should have been raised
in the estate of the decedent rather than by an independent
action.
CL LLJ ? ! _i1
C7 ' l J
C a <yt'"
v
'S ..
By the Court,
/Nathan C. Wolf, Esquire
10 West High Street
Carlisle, PA 17013
For Plaintiff
? Marcus A. McKnight, III,
60 West Pomfret Street
Carlisle, PA 17013-3222
For Defendants
:mae
COP I O-S --nJ 1 t 1CCL
/U f ?1DS
I
bV '
Wesley
Esquire
er`, Jt. , J.
MARIE F. YOUNG,
Plaintiff
V.
RANDY W. YOUNG
and NANCY L. DAVIS,
Executors of Guy W.
Young, RANDY W.
YOUNG and SHARON
E. YOUNG, husband
and wife, and NANCY L.
DAVIS and HARVEY
J. DAVIS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-2008-1714 CIVIL TERM
IN RE: NONJURY TRIAL
ORDER OF COURT
AND NOW, this 20`h day of October, 2008, upon consideration of the attached
letter from Marcus A. McKnight, III, Esq., attorney for Defendants, the nonjury trial
previously scheduled for October 23, 2008, is cancelled.
BY THE COURT,
Nathan C. Wolf, Esq.
10 West High Street
Carlisle, PA 17013
Attorney for Plaintiff
-- Marcus A. McKnight 111, Esq.
60 West Pomfret Street
Carlisle, PA 17013-3222
Attorney for Defendants
:rc
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FS "r tr
10`2 r f ??g
L I :t J 1 130 BOOl
AbVi
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE. PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
? for JURY trial at the next term of civil court.
for trial without a jury.
CAPTION OF CASE
(enure capirion must be stated in full)
MARIE F. YOUNG
(check one)
® Civil Action -Law
? Appeal from arbitration
(other)
(Plaintiff)
vs.
RANDY W. YOUNG and NANCY L. DAVIS, Executors
of the Estate of Guy W. Young, RANDY W. YOUNG
and SHARON E. YOUNG, Husband and Wife, and
NANCY L. DAVIS and HARVEY J. DAVIS, Husband
and Wife. (Defendant)
VS.
The trial list will be called on
and
Trials commence on
Pretrials will be held on
(Briefs are due S days before pretrials
No. 2008-1714 Civil Term
Indicate the attorney who will try case for the party who files this pmecipe:
Nathan C. Wolf 10 West High Street, Carlisle, PA 17013
Indicate trial counsel for other parties if known:
Marcus A. McKnight 60 West Pomfret Street Carlisle. PA 17W
This case is ready for trial. Sign .
and was previously listed before
Judge Oler. Print N .. Na a . WEs uire
Date: 2--2-1- 0 01 Attorney for: _ Plaintiff
Y
b
yZ
MARIE F. YOUNG,
Plaintiff
V.
RANDY W. YOUNG and
NANCY L. DAVIS,
Executors of the Estate of
Guy W. Young, RANDY W.
YOUNG and SHARON E.
YOUNG, Husband and Wife,
and NANCY L. DAVIS and
HARVEY J. DAVIS, Husband
and Wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-1714 CIVIL TERM
ORDER OF COURT
AND NOW, this 10`" day of March, 2009, a pretrial conference in the above
matter is scheduled for Wednesday, May 27, 2009, at 1:30 p.m., in chambers of the
undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial
memoranda shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least
five days prior to the pretrial conference.
A NONJURY TRIAL in the above matter is scheduled for Wednesday June 17,
2009, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle,
Pennsylvania.
./Nathan C. Wolf, Esq.
10 West High Street
Carlisle, PA 17013
Attorney for Plaintiff
arcus A. McKnight, Esq.
60 West Pomfret Street
Carlisle, PA 17013
Attorney for Defendants
BY THE COURT,
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MARIE F. YOUNG,
Plaintiff
v
RANDY W. YOUNG, and
NANCY L. DAVIS, Executors
of the Estate of Guy W.
Young, RANDY W. YOUNG and
SHARON E. YOUNG, husband
and wife, and NANCY L.
DAVIS and HARVEY J. DAVIS,:
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2008-1714 CIVIL TERM
IN RE: PRETRIAL CONFERENCE
A pretrial conference was held in the chambers of
Judge Oler in the above-captioned case on May 27, 2009. Present
on behalf of the Plaintiff was Nathan C. Wolf, Esquire; present
on behalf of the Defendants was Marcus A. McKnight, III, Esquire,
assisted by Karen Noel of his office.
This case has essentially devolved into a
declaratory judgment action with respect to a devise in a
decedent's will of a life estate to his spouse and a remainder
interest to his children in certain real estate. The issue in
the case for disposition by the Court is whether the life estate
given in the will to the spouse encompasses more than a dwelling
house on the property in question.
This will be a nonjury trial which has been
scheduled by separate Order of Court for Wednesday, June 17,
2009, commencing at 9:30 a.m. The estimated duration of trial is
1 day.
The main evidentiary issue which is expected to
arise at trial is whether parol evidence may be introduced to
assist in interpretation of the testamentary devise in question,
with the Plaintiff taking an affirmative position on that issue,
and the Defendants arguing to the contrary. Counsel are directed
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to submit briefs to the Court at least 5 days prior to the
commencement of trial on that issue.
With respect to settlement negotiations, it
appears that the parties are not very far apart, but settlement
may be difficult.
? Nathan C. Wolf, Esquire
10 West High Street
Carlisle, PA 17013
/For Plaintiff
? Marcus A. McKnight, III., Esquire
60 West Pomfret Street
Carlisle, PA 17013
For Defendants
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By the Court,
MARIE F. YOUNG, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
RANDY W. YOUNG, and
NANCY L. DAVIS, Executors
of the Estate of Guy W.
Young, RANDY W. YOUNG and
SHARON E. YOUNG, husband
and wife, and NANCY L.
DAVIS and HARVEY J. DAVIS,:
Defendants
NO. 2008-1714 CIVIL TERM
IN RE: VERDICT
ORDER OF COURT
AND NOW, this 17th day of June, 2009, upon
consideration of the complaint filed in the above-captioned
matter, and following a trial held on this date in which counsel
argued their respective positions with respect to the meaning of
the term "dwelling house" as used in Item V of the testator's
will, based upon the four corners of the will, the Court finds in
favor of Plaintiff and against Defendants and declares that the
term encompasses the residence and curtilage -- that is, the
whole of the realty, including outbuildings -- at 1090 Creek
Road, Carlisle (West Pennsboro Township), Cumberland County,
Pennsylvania.
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NO OTHER RELIEF is afforded to either party.
Nathan C. Wolf, Esquire
10 West High Street
Carlisle, PA 17013
For Plaintiff
Zmarcus A. McKnight, III, Esquire
60 West Pomfret Street
Carlisle, PA 17013
For Defendants
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By the Court,
THE Rv
21M JUil 19 Fit 1
MARIE F. YOUNG,
Plaintiff
V.
RANDY W. YOUNG and
NANCY L. DAVIS, Executors of the
Estate of Guy W. Young, RANDY
W. YOUNG and SHARON E. YOUNG :
Husband and Wife, and NANCY L.
DAVIS and HARVEY J. DAVIS,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No: 2008 -1714
CIVIL ACTION - LAW
STIPULATION AND AGREEMENT
AND NOW COME, MARIE F. YOUNG (hereinafter referred to as "PLAINTIFF'S and
RANDY W. YOUNG and SHARON E. YOUNG Husband and Wife, and NANCY L. DAVIS
and HARVEY J. DAVIS Husband and Wife, (collectively referred to as "DEFENDANTS"), the
parties to the above-captioned matter and set forth the following stipulation and agreement
representing as follows:
WHEREAS, Marie F. Young, Plaintiff, now age 85, is the owner, by virtue of the Last Will
and Testament of Guy W. Young, of a life estate in the real property at which she resides at 1090
Creek Road, Carlisle (West Pennsboro Township), Cumberland County, PA (said premises
hereinafter referred to as the Property);
WHEREAS, Defendants Randy W. Young and Nancy L. Davis are children of Guy W.
Young and inherited a remainder interest in the real property as aforesaid pursuant to the decedent's
Will. Said Defendants granted and conveyed the remainder interests in the said real estate to
themselves and their respective spouses on or about November 15, 2007;
WHEREAS, on or about March 14, 2008, Plaintiff initiated the above-captioned civil action
against the Defendants; and
WHEREAS, the parties have resolved their differences in part and have set forth the terms
of this Stipulation and Agreement to bring about a resolution of this elements of the action,
NOW THEREFORE, and with the intent to be legally bound thereby, the Parties do agree
as follows:
1. DEFENDANTS shall remove the wooden shed from the rear of the Property and
their lock from the cinder block garage at the rear of the property within thirty (30) days of the
date of this Agreement. Floyd Darhower shall be present when said lock is removed to inspect
the contents of the garage.
2. PLAINTIFF hereby agrees to indemnify and save harmless DEFENDANTS from
any liability for any citation issued by the Township related to landscaping and vegetation.
PLAINTIFF will be responsible for all lawn mowing and snow removal.
3. DEFENDANTS agree not to enter the Property except under the following
circumstances:
A. In the event of an emergency in which case they will notify Joyce or Floyd Darhower
as soon as practicable;
B. In the event DEFENDANTS are invited onto the Property by PLAINTIFF; and,
C. During annual inspections which shall be arranged with thirty (30) days notice
provided to Joyce Darhower, at a mutually-agreed upon time, and during such
inspections a constable shall be present, the cost of which to be borne solely by
DEFENDANTS.
4. Except for the circumstances outlined in paragraph 3A, 3B or 3C, DEFENDANTS
shall do nothing to interfere with PLAINTIFF's quiet enjoyment of the Property during the
remainder of her life estate.
5. DEFENDANTS shall continue to pay all taxes assessed against the Property by any
taxing authority along with any maintenance costs associated with the Property, excluding the
costs of lawn mowing, yard care and snow removal during the period of PLAINTIFF's life
estate, which expenses shall be borne by PLAINTIFF.
6. DEFENDANTS acknowledge that Joyce and Floyd Darhower are PLAINTIFF's
agents and DEFENDANTS shall communicate all matters through PLAINTIFF's agents,
except in the event of an emergency, when Joyce and Floyd Darhower are unavailable.
7. Upon the termination of PLAINTIFF's life estate for any reason, including her
death, Joyce and Floyd Darhower shall have thirty (30) days to remove PLAINTIFF's personal
belongings from the Property. Possession will be surrendered to Defendants as soon as all
such personal property is removed.
8. The parties shall continue to pay pro-rated shares of property insurance for the
Property with PLAINTIFF paying the portion of the premium equivalent to contents coverage
and the DEFENDANTS paying the remaining premium.
9. PLAINTIFF acknowledges that DEFENDANTS have reimbursed PLAINTIFF the
sum of Two Hundred Dollars ($200.00) for the furnace repair bill already paid by PLAINTIFF.
10. DEFENDANTS have provided PLAINTIFF with a list of preferred servicemen to
perform repairs of all major mechanical components on the premises (i.e.: electrical, plumbing,
furnace, well and septic). PLAINTIFF shall be required to attempt to contact Randy Young, or
Nancy Davis, if Randy is unavailable in the event that repairs or maintenance to property are
necessary. If both are unavailable to perform repairs, PLAINTIFF shall then be authorized to
contact those service- providers included on the aforementioned list. However, in the event
service providers are contacted, PLAINTIFF shall nevertheless notify Randy or Nancy of that
service call within a reasonable time period.
11. PLAINTIFF acknowledges receipt of payment by the DEFENDANTS in the
amount of Seven Thousand, Three Hundred and Eighty One Dollars and No Cents
($7,381.00), in addition to the Two Hundred Dollars and no cents ($200.00) identified above,
representing reimbursement of the burial and funeral costs of Guy W. Young.
12. It is understood and agreed, the execution of this Settlement Agreement shall, in no
way, be considered as an admission of liability on the part of any party, but is merely the
resolution, compromise and settlement of the above-referenced disputed Claims, but that the
Court shall hear testimony and render judgment on the scope of Plaintiff's life estate at the
above-captioned civil docket.
13. The parties acknowledge that each is responsible for their own counsel fees
associated with the instant action, the instant Agreement and all matters arising therefrom,
except as set forth to the contrary herein.
14. The parties acknowledge that they have had the opportunity to review this
Agreement with independent counsel, and that they have either done so or have knowingly
waived their right to do so.
15. The parties acknowledge that this Agreement represents the complete and exclusive
Agreement of the parties and that the terms thereof are contractual in nature and are not a mere
recital. The terms of this Agreement shall only be modified by written instrument executed by
all parties with the same formality as the instant Agreement.
16. The parties acknowledge that this Agreement shall be binding on their respective
heirs, executors, successors and assigns.
17. This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania and the parties consent to the jurisdiction of the Court of Common Pleas of
Cumberland County, Pennsylvania as to any and all disputes that may arise therefrom.
18. Upon the execution of this Agreement, the parties shall thereafter cause the same to
be submitted to the Honorable J. Wesley Oler, Judge of the Court of Common Pleas of
Cumberland County and shall cooperate in any steps necessary to obtain the issuance of an
Order of Court incorporating the terms of this Agreement.
19. If any party to this Agreement files a Petition with the Court to enforce the
provisions of this Agreement due to an alleged breach by another party, the successful party
shall be entitled to recover his or her reasonable counsel fees, actually incurred, from the other
as a part of the Final Order entered in such proceeding as the same shall be determined by the
Court.
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IN WITNESS WHEREOF, the parties hereto have hereunto on this, the day of
)2009.
WITNESS:
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MARIE F. YOUN LAIN FF
fa,/, S -7
RANDY W. O G, indi dually and as
Executor of the Estate of GUY W. YOUNG,
deceased, Defendant.
NANCY . DAVIS, individually and as Executor
of the Estate of GUY W. YOUNG, deceased,
Defendant
L
SHARON E. YOUN ' divi u 1 Defendant
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HARVEY J. IS, individual Defendant
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JUL 0 8 2009
MARIE F. YOUNG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. No: 2008 -1714
RANDY W. YOUNG and
NANCY L. DAVIS, Executors of the CIVIL ACTION - LAW
Estate of Guy W. Young, RANDY
W. YOUNG and SHARON E. YOUNG :
Husband and Wife, and NANCY L.
DAVIS and HARVEY J. DAVIS,
Defendants
ORDER OF COURT
AND NOW this -11L day of Y 2009, upon consideration of the -?:? attached Stipulation and Agreement executed by the parties, the terms and conditions of the
attached agreement are incorporated herein as an Order of Court, which shall be enforceable by the
Court upon petition by either party.
By:
Distribution:
? Nathan C. Wolf, Esquire
Counsel for Plaintiff
Marcus A. McKnight, III, Esquire
Counsel for Defendant
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BY THE rnirTR r.
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OF The ? r Nr11 r,Rv
2009 JUL -9 P 2* 18