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HomeMy WebLinkAbout08-3366No V. Otto III, Esquire I.D. No. 27763 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FRED E. DEITCH, Plaintiff, V. ESTATE OF ALBERT J. DEITCH, deceased, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW I :NO: 2008 - .?(,? ? 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 Plaintiffs. 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FARLES\Clients\9623 Deitch\9623.8.com1\mas Created: 9/20/04 0:06PM Revised: 5/30/08 2:54PM 11093.11 No V. Otto III, Esquire I.D. No. 27763 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FRED E. DEITCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW :NO: 2008 - 23 44 Oc? -77z'... ESTATE OF ALBERT J. DEITCH, deceased, ; Defendant : COMPLAINT 1. Plaintiff, Fred E. Deitch, is an adult individual residing at 146 Yellow Breaches Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is the Estate of Albert J. Deitch, an adult individual who resided at 39 Green Hill Road, Mechanicsburg, Cumberland County, Pennsylvania, at the time of his death. 3. Albert J. Deitch died on March 9, 2005, and Letters of Administration were granted to Lenora Deitch, Barry J. Deitch and Cheryl L. Kuhn on March 21, 2005. The Estate was opened in Cumberland County, Pennsylvania. 4. On December 10, 2003, Albert J. Deitch sold his property ("Property") at 29-41 Green Hill Road, Mechanicsburg, Cumberland County, Pennsylvania to Plaintiff. A copy of the Deed reflecting this transaction is attached as Exhibit "A." 5. On the same date, Plaintiff and Albert J. Deitch entered into an Agreement. Under the terms of the Agreement, Albert J. Deitch was essentially granted a life estate in the Property. A copy of the Agreement is attached as Exhibit "B." 6. During the time he resided on the Property, Albert J. Deitch permitted vehicles and other items of personalty to accumulate on the property. 7. When Albert J. Deitch died, the personalty that he accumulated on the Property became the property of Defendants. 8. Plaintiff made multiple requests to Defendants to remove Albert J. Deitch's personalty from the Property. 9. Defendants persistently refused to remove the personalty from the Property. 10. Consequently, Plaintiff was required to have the personalty removed at a cost of $25,000.00. A copy of the contract from John W. Gleim, Jr., Inc. for the cost of cleanup is attached as Exhibit "C." 11. Plaintiff was able to dispose of some of the personalty for $1,500.00. Defendants are entitled to a credit for this amount. 12. Pursuant to the Agreement, Albert J. Deitch was required to pay the taxes and insurance on the Property. 13. Albert J. Deitch failed to pay the taxes and insurance on the property during his lifetime. Consequently, Defendants are liable for the following amounts: a. 2003 County/Township and School real estate taxes, including penalties for late payment in the amount of $1,624.66. b. Liability insurance in the amount of $282.00; C. 2004 County/Township real estate taxes in the amount of $360.96; d. 2004 School real estate taxes in the amount of $1,224.24; and e. 2005 County/Township taxes in the amount of $267.00. The total amount Defendants are liable for under this Paragraph is $3,758.86. WHEREFORE, Plaintiff requests this Honorable Court enter judgment in his favor in the amount of $27,258.86, together with statutory interest, costs and such other relief as the Court deems just and reasonable under the circumstances. Dated: P'01of MARTSON LAW OFFICES By. ZZA J No V. Otto III, Esquire I.D. No. 27763 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-1850 Attorneys for Plaintiff EXHIBIT A 1'- THIS DEED, MADE THE I Oth day of Decembe - in the year two thousand three (2003), BETWEEN ALBERT J. DETCCH, of Dickinson Township, Cumberland County, Pennsylvania, hereinafter called Grantor, AND FRED E. DEITCH, of Dickinson Township, Cumberland County, Pennsylvania, hereinafter called Grantee, WITNESSETH, that in consideration of the sum of Forty Thousand and no/100 ($40,000.00) Dollars, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantee, his heirs and assigns, ALL that certain tract of land with the improvements thereon erected, situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in centerline of Green Hill Road, T-505, said point being 1,600 feet east of the intersection of Bernhisel Bridge Road, T-574; thence along Lot No 1 as shown on Plan of Albert Deitch as set forth in Plan Book 30, Page 58, South 14 degrees 23 minutes 19 seconds East 320.00 feet; thence still along Lot No 1 on aforementioned plan North 62 degrees 34 minutes 00 seconds East 200.00 feet to a concrete monument; thence along lands now or formerly of Mervin Raudabaugh, South 13 degrees 19 minutes 03 seconds East 394.78 feet to a point; thence along lands now or formerly of Mervin Raudabaugh, South 74 degrees 28 minutes 29 seconds West 965.68 feet to a point; thence North 09 degrees 38 minutes 42 seconds West 493.54 feet to a point in centerline of Green Hill Road; thence along centerline of Green Hill Road, North 62 degrees 34 minutes 00 seconds East 755.88 feet to a point, the Place of BEGINNING. CONTAINING 11.515 acres more or less. BEING the remaining part of the premises which Clyde E. Kimmel, Jr. and Catharine J. Kimmel, his wife granted and conveyed unto Albert J. Deitch, Grantor herein, by Deed dated 0 E3897 July 23, 1953, and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book I, Volume 15, Page 502. AND the said Grantor hereby covenants and agrees that he will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantor has hereunto set his hand and seal the day, month and year first above written. Signed, Sealed and Delivered in the presence of C--) FTI (SQL) c . ..J ALBERT J. D ITCH ' ' . r? 3 ? m M -t rat -.] ° COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the 10th day of December, 2003, before me the undersigned officer, personally appeared ALBERT J. DEITCH, known to me (or satisfactorily proven) be the persons whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. ?-- 3. C6- Notary Public -- `Notarial Seal Roger B. Irwin, Notary Public Carlisle Born. Cumberland County My Commission Expires Oct. 3. 2004 MWtW,1''VM"Venia,Associabono1NoWies (SEAL) I do hereby certify that the precise residence and complete post office address of the within named Grantee is: /q6 4,! /;ug- 9-C-1-a CtZ??c?G /,il_ / 7d •t December 10, 2003 J . ` Attorney for a ee ?,v r_c i _. f IRWIN, McKNIGHT & HUGHES ATTORNEYS Ciaberland County Recorder of ;eels ?nstrwent r. Cling } 4'73460 Inst1 2003-067186 12%11/2003 13!47?f`5 Book# 0260 Paae# 3497 Remarks: IRWIN 1J,Eri-I FIT 40 I Certify this to be recorded DEED - , DEED - RTT ITT STATE In Cumberland County PA CUMBERLAND VALLEY SILVER SPRIN0 TWP J.C.S. I A.T.J. CO IMPROVEMENT FND REC. IMPnViff RND RccoA-der of Deeds ___-- Cash f;heck.:# 19108 t 'Total Re,_eived...... a?? x r so p;,c?3899 3 EXHIBIT B AGREEMENT BETWEEN FRED E. DEITCH, of Dickinson Township, Cumberland County, PE;nnsylvania, hereinafter called party of the first part, AND ALBERT J. DEITCH, of Silver Spring Township, Cumberland County, Pennsylvania, hereinafter called party of the second part; NOW THIS AGREEMENT WITNESSETH THAT: 1. That the party of the first part is the owner of property situate in Silver Spring Township, Cumberland County, Pennsylvania, and being known as 29-41 Green Hill Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. That said property was conveyed to the party of the first part from the party of the second part, by deed dated December ro' , 2003, and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Deed Book , Page NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. That for and in consideration of the sum of One and no/100 ($1.00) Dollar in hand paid, receipt of which is hereby acknowledged, the party of the first part does hereby grant unto the party of the second part the free and uninterrupted right to live in the house on said property and to use the contents thereof as long- as they desire. 2. That payment of utilities, taxes and insurance are to be paid as agreed between the parties hereto, as well as items of upkeep and repairs. 3. That the parties hereto agree to be legally bound hereby. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this to' day of December, 2003. WITNESS: j (SEAL) FRED E. DEITCH (SEAL) ALBERT ITCH 2 EXHIBIT C PROPOSAL JOHN W. GLEIM, JR., INC. CARLISLE, PA 17013 Phone 717 243 7160 Fax 717 243 3617 March 2, 2006 Fred Deitch Former Estate of Albert Deitch Carlisle, PA RE: Clean up Trash, Cars and all personal Property of Albert Deitch We are pleased to quote the following scope of work based on the following plans prepared by: Site Visit. Our scone of work is as follows: Clean up of Trash on property Remove cars from property All trash material shall be hauled to an approved landfill The followine items are not included under our scope of work: Hazardous material removal Any assemblies and/or scope items not specifically mentioned above Payment to be made as follows: Net 30 days, A finance charge of 1.5% per month (18% annually) will be charged on any balance over 30days. We propose to furnish equipment and labor-complete in accordance with the above specifications for the sum of $25,000.00 = Twenty Five Thousand Dollars and 00/00 This proposal may be withdrawn if not accepted within 30 days. Authorized signature: Date: Authorized signature: Date: 3 " ? - ? VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. r Fred E. Deitch ?lj V T C? 't C"e 4 06 No V. Otto III, Esquire I.D. No. 27763 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FRED E. DEITCH, Plaintiff, V. ESTATE OF ALBERT J. DEITCH, deceased, Defendant MARTSON LAW OFFICES B J Y-P KtNo V. Otto III, Esquire I.D. No. 27763 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: June 10, 2008 Attorneys for Plaintiff To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO: 2008 - 3366 PRAECIPE Please file the attached Acceptance of Service signed by Andrew H. Shaw, Esquire, on behalf of the Defendant. c 10 No V. Otto III, Esquire I.D. No. 27763 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff rKED E. DEITCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW :NO: 2008 - 3366 ESTATE OF ALBERT J. DEITCH, deceased, ; Defendant ACCEPTANCE OF SERVICE I, Andrew H. Shaw, Esquire, attorney for Estate of Albert J. Deitch, Defendant in the above-captioned action, hereby accept service of the Complaint in the above action on <" , 2008, on its behalf and certify that I am authorized to do so. Andrew H. Shaw, j . CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Andrew H. Shaw, Esquire 200 South Spring Garden Street, Suite 11 Carlisle, PA 17013 MARTSON LAW OFFICES By . l.?'` M rice Ten E VIHigh Street Carlisle, PA 17013 (717) 243-3341 Dated: a110 0K c c?'.° rc'? t s. tJ- Zo FRED E. DEITCH, Plaintiff, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. ACTION - LAW ESTATE OF ALBERT J. DEITCH, deceased, Defendant NO. 2008-3366 DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Estate of Albert J. Deitch, through its undersigned attorney, Andrew H. Shaw, and files these Preliminary Objections to the Plaintiff's Complaint: 1. Plaintiff filed his Complaint on May 30, 2008. 2. Defendant's attorney accepted service of the Complaint on June 5, 2008. 1. LEGAL INSUFFICIENCY IN THE PLEADING (DEMURRER) 3. Paragraphs 1 through 2 are incorporated by reference as if set forth more fully herein. 4. In his Complaint, Plaintiff admits that Albert J. Deitch accumulated property during the time that he resided at the property. 5. Plaintiff's Complaint does not differentiate between personalty accumulated prior to the conveyance of the deed to Plaintiff and personalty accumulated after the conveyance of the deed. 6. Plaintiff accepted the property in an "as is" condition upon receipt of the deed from Albert J. Deitch. 7. The Agreement providing a life estate to Albert J. Deitch, attached to Plaintiff's Complaint as Exhibit B, did not provide that Albert J. Deitch was responsible for the clean up of the personalty existing on the property at the time of the conveyance or the accumulation of personalty after the conveyance. Plaintiff assumed the property in the condition it was at the time of the conveyance. 9. The Complaint fails to plead facts that if taken as true, are sufficient to state a cause of action. WHEREFORE, Defendant requests this Honorable Court dismiss Plaintiff's Complaint with prejudice. II. LEGAL INSUFFICIENCY 111 THE PLEADING (DEMURRER) 10. Paragraphs 1 through 9 are incorporated by reference as if set forth more fully herein. 11. The Agreement between Plaintiff and Albert J. Deitch specifically referred to the upkeep of the Property. 12. The relevant provision in the Agreement states "The payment of utilities, taxes and insurance are to be paid as agreed between the parties hereto, as well as items of upkeep and repairs." 13. Plaintiff's Complaint fails to state a cause of action regarding the cost of the removal of personalty, because nowhere in the Agreement, as solely relied upon by Plaintiff, does the Agreement state Albert J. Deitch was responsible for the upkeep of the Property. 2 WHEREFORE, Defendant requests this Honorable Court dismiss Plaintiff's Complaint with prejudice. M. LEGAL INSUFFICIENCY IN THE PLEADING (DEMURRER) 14. Paragraphs 1 through 13 are incorporated by reference as if set forth more fully herein. 15. In his Complaint, Plaintiff claims the Agreement required Albert J. Deitch to pay the taxes and insurance on the Property. 16. The relevant provision in the Agreement states "The payment of utilities, taxes and insurance are to be paid as agreed between the parties hereto, as well as items of upkeep and repairs." 17. Plaintiff's Complaint fails to state a cause of action regarding the payment of taxes and insurance on the property, because nowhere in the Agreement, as solely relied upon by Plaintiff, does the Agreement state Albert J. Deitch was responsible for the payment of taxes and insurance. WHEREFORE, Defendant requests this Honorable Court dismiss Plaintiff's Complaint with prejudice. Respectfully Date: ?- v ?? By: Andrew H. Shaw, Esquire Sup. Ct. ID No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (717) 243-7872 (facsimile) Attorney for Defendant 3 . . . 7 CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Preliminary Objections, was served this date on the below named, by placing same in the united States mail, first-class, postage prepaid thereon, addressed as follows: Seth T. Moseby, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorney for Plaintiff Date: ? -/?- o e Sup. Ct. I.D. No. 87371 Law Office of Andrew H. Shaw, P.C. Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Defendant C m r"ar ' m-n Z +c ;_ _ - t Jk ril A? \ lam! r F:\FILES\C1ients\9623 Deitch\9623.8.res1.wpd\nMs Created 9/20/04 0:06PM Revised: 7/1/08 2:54PM 11093.11 No V. Otto III, Esquire I.D. No. 27763 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FRED E. DEITCH, Plaintiff, V. ESTATE OF ALBERT J. DEITCH, deceased, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO: 2008 -3366 RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW, comes the Plaintiff, Fred E. Deitch, by and through his attorneys, Martson Deardorff Williams Otto Gilroy & Faller, and hereby responds to Defendant's Preliminary Objections as follows: 1-2. Admitted 1. LEGAL INSUFFICIENCY IN THE PLEADING (DEMURRER) 3. Paragraphs 1 through 2 are incorporated by reference as if set forth more fully herein. 4-5. Denied. Plaintiffs Complaint is a document which speaks for itself. Any characterization of the language of Plaintiff s Complaint is denied. Furthermore, the averments of these paragraphs constitute conclusions of law to which no response is required. 6. Denied. The averment contained in this paragraph constitutes a conclusion of law to which no response is required. A, 7. Denied. The averments contained in these paragraphs constitute conclusions of law to which no response is required. Furthermore, the Agreement is a document which speaks for itself. 8-9. Denied. The averments contained in these paragraphs constitute conclusions of law to which no response is required. WHEREFORE, Plaintiff requests this Honorable Court to dismiss Defendant's Preliminary Objections with prejudice. II. LEGAL INSUFFICIENCY OF THE PLEADING (DEMURRER) 10. Paragraphs 1 through 9 are incorporated by reference as if set forth more fully herein. 11-12. Denied. The Agreement is a document which speaks for itself. Any characterization of the language of the Agreement is denied. Furthermore, the averments of these paragraphs constitute conclusions of law to which no response is required. 13. Denied. The averment contained in this paragraph constitutes a conclusion of law to which no response is required. WHEREFORE, Plaintiff requests this Honorable Court to dismiss Defendant's Preliminary Objections with prejudice. III. LEGAL INSUFFICIENCY IN THE PLEADING (DEMURRER) 14. Paragraphs 1 through 13 are incorporated by reference as if set forth more fully herein. 15. Denied. Plaintiff's Complaint is a document which speaks for itself. Any characterization of the language of the Complaint is denied. Furthermore, the averment of this paragraph constitutes a conclusion of law to which no response is required. 16. Denied. The Agreement is a document which speaks for itself. Any characterization of the language of the Agreement is denied. Furthermore, the averment of this paragraph constitutes a conclusion of law to which no response is required. 17. Denied. The averment contained in this paragraph constitutes a conclusion of law to which no response is required. WHEREFORE, Plaintiff requests this Honorable Court to dismiss Defendant's Preliminary Objections with prejudice. Dated: 7/) /09 MARTSON LAW OFFICES By 3. A No V. Otto III, Esquire I.D. No. 27763 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-1850 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Response was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Andrew H. Shaw, Esquire 200 South Spring Garden Street, Suite 11 Carlisle, PA 17013 MARTSON LAW OFFICES By A, per: Mary . Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 7 /j /,gK ? ? rv ? 7 ?--- -- cza ' ?`= ?? ? ? :: ? r-? ? .- .. -,. t - ?r ??; ?: ?.= -c ..??. ?" - : r ?. ? -~ rr? . ? .. ? ?= "' c:}a ? ?v ? - ?? , PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) FRED E. DEITCH, vs. ESTATE OF ALBERT J. DEITCH, deceased No. 3366 2008 CivVerm 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): ila fendaut f s Preliminary ohiertionS 2. Identify all counsel who will argue cases: (a) for plaintiffs: Seth T. Mosebey, No V. Otto, III, Martson Law Offices, 10 East High Street, Car isle, PA 17013 (Name and Address) Andrew H. Shaw, Esquire, 200 South Spring Garden Street, Suite 11, (b) for defendants: Carlisle, PA 17013 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 22, 2008 ,LLa j-. Signature Seth T. Mosebey Print your name Plaintiffs Date: 8/15/2008 Attorney for INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. ? CD rt -V L7 r j. Co #2 FRED E. DEITCH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ESTATE OF ALBERT J. DEITCH, NO. 2008 - 3366 CIVIL TERM Deceased IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE HESS, GUIDO, J.J. ORDER OF COURT AND NOW, this 29!L' day of OCTOBER, 2008, defendant's preliminary objections in the nature of a demurrer are sustained in part. The "Agreement" between the parties attached to the complaint was merely an agreement to agree with regard to the taxes and insurance. The complaint fails to plead the existence of an agreement on that issue. Therefore, the demurrer to the claim for taxes and insurance is SUSTAINED. In all other respects the defendant's preliminary objections are OVERRULED. Plaintiff is granted leave to file an amended complaint within twenty (20) days. By Edward E. Guido, J. Z Seth T. Mosebey, Esquire No V. Otto, III, Esquire Andrew H. Shaw, Esquire :sld oP rt?l3D0o8 t7'i v°i ?`l,%11-1N, IQ4 61 :;" Wd OC 130 gooz E" 3141 JO No V. Otto III, Esquire I.D. No. 27763 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FRED E. DEITCH, Plaintiff, V. ESTATE OF ALBERT J. DEITCH, deceased, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 2008 - 3366 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 maybe 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 Plaintiffs. 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 F:\FILES\Clients\9623 Deitch\9623.8.com2.wpd\mas Created: 9/20/04 0:06PM Revised: 11/17/08 8:46AM 11093.11 No V. Otto III, Esquire I.D. No. 27763 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FRED E. DEITCH, Plaintiff, V. ESTATE OF ALBERT J. DEITCH, deceased, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO: 2008 - 3366 AMENDED COMPLAINT 1. Plaintiff, Fred E. Deitch, is an adult individual residing at 146 Yellow Breaches Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is the Estate of Albert J. Deitch, an adult individual who resided at 39 Green Hill Road, Mechanicsburg, Cumberland County, Pennsylvania, at the time of his death. 3. Albert J. Deitch died on March 9, 2005, and Letters of Administration were granted to Lenora Deitch, Barry J. Deitch and Cheryl L. Kuhn on March 21, 2005. The Estate was opened in Cumberland County, Pennsylvania. 4. On December 10, 2003, Albert J. Deitch sold his property ("Property") at 29-41 Green Hill Road, Mechanicsburg, Cumberland County, Pennsylvania to Plaintiff. A copy of the Deed reflecting this transaction is attached as Exhibit "A." 5. On the same date, Plaintiff and Albert J. Deitch entered into an Agreement. Under the terms of the Agreement, Albert J. Deitch was essentially granted a life estate in the Property. A copy of the Agreement is attached as Exhibit "B." 6. During the time he resided on the Property, Albert J. Deitch permitted vehicles and other items of personalty to accumulate on the property. 7. When Albert J. Deitch died, the personalty that he accumulated on the Property became the property of Defendants. 8. Plaintiff made multiple requests to Defendants to remove Albert J. Deitch's personalty from the Property. 9. Defendants persistently refused to remove the personalty from the Property. 10. Consequently, Plaintiff was required to have the personalty removed at a cost of $25,000.00. A copy of the contract from John W. Gleim, Jr., Inc. for the cost of cleanup is attached as Exhibit "C." 11. Plaintiff was able to dispose of some of the personalty for $1,500.00. Defendants are entitled to a credit for this amount. 12. Pursuant to the Agreement, Plaintiff and Albert J. Deitch would pay the taxes and insurance on the property as they agreed. 13. Plaintiff and Albert J. Deitch entered into an oral agreement which required Albert J. Deitch to pay the taxes and insurance on the Property during his lifetime. 14. Albert J. Deitch failed to pay the taxes and insurance on the property during his lifetime. Consequently, Defendants are liable for the following amounts: a. 2003 County/Township and School real estate taxes, including penalties for late payment in the amount of $1,624.66. b. Liability insurance in the amount of $282.00; C. 2004 County/Township real estate taxes in the amount of $360.96; d. 2004 School real estate taxes in the amount of $1,224.24; and e. 2005 County/Township taxes in the amount of $267.00. The total amount Defendants are liable for under this Paragraph is $3,758.86. WHEREFORE, Plaintiff requests this Honorable Court enter judgment in his favor in the amount of $27,258.86, together with statutory interest, costs and such other relief as the Court deems just and reasonable under the circumstances. Dated: 11 /17/d'$ MARTSON LAW OFFICES By J' No V. Otto III, Esquire I.D. No. 27763 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-1850 Attorneys for Plaintiff EXHIBIT A r 1 ? eta i? THIS DEED, 11IADE THE 10th day of December in the year two thousand three (2003), BETWEEN ALBERT J. DEITCH, of Dickinson Township, Cumberland County, Pennsylvania, hereinafter called Grantor, AND FRED E. DEITCH, of Dickinson Township, Cumberland County, Pennsylvania, hereinafter called Grantee, WITNESSETH, that in consideration of the sum of Forty Thousand and no/100 ($40,000.00) Dollars, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantee, his heirs and assigns, ALL that certain tract of land with the improvements thereon erected, situate in Silver Spring Township, Cumberland County, Pennsylvania; bounded and described as follows, to wit: BEGINNING at a point in centerline of Green Hill Road, T-505, said point being 1,600 feet east of the intersection of Bernhisel Bridge Road, T-574; thence along Lot No 1 as shown on Plan of Albert Deitch as set forth in Plan Book 30, Page 58, South 14 degrees 23 minutes 19 seconds East 320.00 feet; thence still along Lot No 1 on aforementioned plan North 62 degrees 34 minutes 00 seconds East 200.00 feet to a concrete monument; thence along lands now or formerly of Mervin Raudabaugh, South 13 degrees 19 minutes 03 seconds East 394.78 feet to a point; thence along lands now or formerly of Mervin Raudabaugh, South 74 degrees 28 minutes 29 seconds West 965.68 feet to a point; thence North 09 degrees 38 minutes 42 seconds West 493.54 feet to a point in centerline of Green Hill Road; thence along centerline of Green Hill Road, North 62 degrees 34 minutes 00 seconds East 755.88 feet to a point, the Place of BEGINNING. CONTAINING 11.515 acres more or less. BEING the remaining part of the premises which Clyde E. Kimmel, Jr. and Catharine J. Kimmel, his wife granted and conveyed unto Albert J. Deitch, Grantor herein, by Deed dated I July 23, 1953, and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book I, Volume 15, Page 502. AND the said Grantor hereby covenants and agrees that he will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantor has hereunto set his hand and seal the day, month and year first above written. Signed, Sealed and Delivered in the presence of rri (Srj L) ALBERT J. D ITCH n 1 r? c r=)p rn rn c3 r C COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: On this, the 10th day of December, 2003, before me the undersigned officer, personally appeared ALBERT J. DEITCH, known to me (or satisfactorily proven) be the persons whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. .Votary Public Notarial seal Roger B. Irwin, Notary Public Carlisle 30ro, Cumberland County MY Commission Expires Oct. 3. 2004 1Ttinber, P'-441syh.armAssociabon of Nclanes SEAL) 1 I do hereby certify that the precise residence and complete post office address of the within named Grantee is: jq6 6L at,;, (741-dc,;6 4, / 7a.,? December 10, 2003 CCU-?,f •??2?. ? a.?.y i? Attorney fo ( rar Iee IRWIN, Mc%NIGHT A HUGHES ATTORNEYS Cusberlsnd Co!mty Recorder :,f "ee-is Instr„ment Ei.Ii 3 Receii=d -+'73660 Instr# 2003-067186 12/11%2003 13? Book# 0260 Pag?# 3897 Remarks: IRWIN I Certify t?is to be recorded In Cumi; :,-h"'d County PA i 1EED I. -jr ?"EED - BRIT . ?!l DEED - RTT STATE CUMBERLAND VALLEY SILVER SPRING TWP D7TE(E/y?D - AM t "0 IIPROVEMPiT EVD EXHIBIT B AGREEMENT BETWEEN FRED E. DEITCH, of Dickinson Township, Cumberland County, Pennsylvania, hereinafter called party of the first part, AND ALBERT J. DEITCH, of Silver Spring Township, Cumberland County, Pennsylvania, hereinafter called party of the second part; NOW THIS AGREEMENT WITNESSETH THAT: 1. That the party of the first part is the owner of property situate in Silver Spring Township, Cumberland County, Pennsylvania, and being known as 29-41 Green Hill Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. That said property was conveyed to the party of the first part from the party of the second part, by deed dated December Io' , 2003, and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Deed Book , Page NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. That for and in consideration of the sum of One and no,, 100 (S 1.00) Dollar in hand paid, receipt of which is hereby acknowledged, the party of the first part does hereby grant unto the party of the second part the free and uninterrupted right to live in the house on said property and to use the contents thereof as long as they desire. 2. That payment of utilities, taxes and insurance are to be paid as agreed between the parties hereto, as well as items of upkeep and repairs. 3. That the parties hereto agree to be legally bound hereby. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this to' day of December, 2003. WITNESS: i ? (SEAL) FRED E. DEITCH 1 . Nz-i C, (SEAL) ALBERT ITCH 2 EXHIBIT C PROPOSAL JOHN W. GLEIM, JR., INC. CARLISLE, PA 17013 Phone 717 243 7160 Fax 717 243 3617 March 2, 2006 Fred Deitch Former Estate of Albert Deitch Carlisle, PA RE: Clean up Trash, Cars and all personal Property of Albert Deitch We are pleased to quote the following scope of work based on the following plans prepared by: Site Visit. Our scope of work is as follows: Clean up of Trash on property Remove cars from property All trash material shall be hauled to an approved landfill The following items are not included under our scope of work Hazardous material removal Any assemblies and/or scope items not specifically mentioned above , Payment to be made as follows: Net 30 days, A finance charge of 1.5% per month (18% annually) will be charged on any balance over 30days. We propose to furnish equipment and labor-complete in accordance with the above specifications for the sum of $25,000.00 = Twenty Five Thousand Dollars and 00/00 This proposal may be withdrawn if not accepted within 30 days. Authorized signature:' Date: Authorized signature: Date: ?^ - ??, VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. i Fred E. Deitch ?? ?r? ' ._t-- T ? ?_`» ?j k ?y ? '? q y i j '?? ? ? ^'ti MARTSON LAW OFFICES By ?, No V. Otto III, Esquir I.D. No. 27763 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: December 1, 2008 Attorneys for Plaintiff No V. Otto III, Esquire I.D. No. 27763 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FRED E. DEITCH, Plaintiff, V. ESTATE OF ALBERT J. DEITCH, deceased, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO: 2008 - 3366 PRAECIPE Please file the attached Acceptance of Service signed by Andrew H. Shaw, Esquire, on behalf of the Defendant. No V. Otto III, Esquire I.D. No. 27763 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FRED E. DEITCH, Plaintiff, V. ESTATE OF ALBERT J. DEITCH, deceased, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO: 2008 - 3366 ACCEPTANCE OF SERVICE I, Andrew H. Shaw, Esquire, attorney for Estate of Albert J. Deitch, Defendant in the above-captioned action, hereby accept service of the Amended Complaint in the above action on ,/oye, r ;2, ( , 2008, on its behalf and certify that I am authorized to do so. Andrew H. Sfiaw, Esquire CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Andrew H. Shaw, Esquire 200 South Spring Garden Street, Suite 11 Carlisle, PA 17013 MARTSON LAW OFFICES B ' Y M Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: /-2 ' l T- ...E 9 R FRED E. DEITC% Plaintiff, V. ESTATE OF ALBERT J. DEITC% detmed, Defendant IN THE COURT CO C M?? M PENNS I?VOAI?IIA CUMBERLAND CIVIL ACTION - LAW NO. 2008-3366 NOTICE TO PLEAD To: Fred E. Deitch c/o Seth T. Moseby, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 You are hereby notified to file a written response to the New Matter that was filed on February 10, 2009 within twenty (20) days from service hereof or a judgment may be entered against you. By: Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Defendant FRED E. DEITCH, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. ESTATE OF ALBERT J. DEITCH, deceased, Defendant CIVIL ACTION - LAW NO. 2008-3366 DEFENDANT'S ANSWER WITH NEW MATTER AND NOW, comes the Defendant, Estate of Albert J. Deitch, through its undersigned attorney, Andrew H. Shaw, and files this Answer to the Plaintiff's Amended Complaint: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Exhibit B speaks for itself. 6. Admitted in part and denied in part. It is admitted that during Decedent's lifetime, he permitted vehicles and other items of personalty to accumulate on the property. Defendant denies any inference that such vehicles and other items of personalty were not accumulated in whole or in part at the time Decedent conveyed the property to Plaintiff. 7. Paragraph 7 of Plaintiff's Amended Complaint is a legal conclusion to which no response is required. 8. Denied as stated. Strict proof thereof is demanded at trial. 9. Denied as stated. Strict proof thereof is demanded at trial. V 10. After reasonable investigation, Defendant is without information or knowledge sufficient to answer the averments made by Plaintiff in Paragraph 10 of his Amended Complaint. 11. After reasonable investigation, Defendant is without information or knowledge sufficient to answer the averments made by Plaintiff in Paragraph 11 of his Amended Complaint. 12. Denied as stated. The Agreement attached to Plaintiff s Amended Complaint as Exhibit B speaks for itself. 13. Denied. It is specifically denied that Decedent and Plaintiff entered into an oral agreement regarding the payment of taxes and insurance. Strict proof thereof is demanded at trial. 14. Paragraph 14 of Plaintiff s Amended Complaint is a legal conclusion to which no response is required. To the extent an answer is required, Defendant denies any inference that Decedent failed to pay according to an oral agreement between Decedent and Plaintiff. NEW MATTER 15. Defendant incorporates herein by reference all averments of this pleading as if more fully set forth hereinafter. 16. Plaintiff's Complaint fails to state any cause of action upon which relief may be granted. 17. To the extent that Plaintiff has suffered any damage, said damage was caused by Plaintiff, and not by the actions or inactions of Defendant. 18. Plaintiff's claims are barred because he has failed to mitigate any damages he may have suffered. 19. Plaintiff's claims are barred by the doctrine of unclean hands. 20. Plaintiff's claims are barred by the doctrine of estoppel. 21. Plaintiff's claims are barred by the doctrine of laches. 2 22. Plaintiff's claims are barred by the defense of accord and satisfaction. 23. Plaintiff's claims are barred by the statute of fraud. 24. Plaintiff's claims are barred by the doctrine of consent. 25. Plaintiff's claims are barred by the doctrine of duress. 26. Plaintiff's claims are barred by the doctrine of release. 27. Plaintiff's claims are barred by the doctrine of waiver. 28. Plaintiff's claims are barred by the doctrine of res judicata. 29. Plaintiff's claims are barred by the doctrine of collateral estoppel. 30. Plaintiff's claims are barred by the relevant statute of limitations. 31. Plaintiff's claims are barred by the Dead Man's Act. 32. Plaintiff's claims are barred by the doctrine of spoliation of evidence. VVMREFORE, Defendant requests this Honorable Court dismiss Plaintiff's Amended Complaint and rule in favor of Defendant. Date: - D 1 By: Sup. Ct. ID No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (717) 243-7872 (facsimile) Attorney for Defendant 3 VERIFICATION I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: a00 r _ en a Deitch, o-AdVnistr.,, atof the Estate of Albert Deitch of CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Defendant's Answer with New Matter, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Seth T. Moseby, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorney for Plaintiff Date: -2-10 -0 I Sup. Ct. I.D. No. 87371 Law Office of Andrew H. Shaw, P.C. Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Defendant ? . .sue c?.y ft 1 FARLES\Clients\9623 Deitch\9623.8.reply No V. Otto III, Esquire I.D. No. 27763 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FRED E. DEITCH, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ESTATE OF ALBERT J. DEITCH, deceased, Defendant : CIVIL ACTION - LAW :NO: 2008 - 3366 REPLY TO NEW MATTER AND NOW, comes Plaintiff Fred E. Deitch, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby replies to Defendant's New Matter as follows: 15. Plaintiff hereby incorporates by reference Paragraphs 1 through 14 of his Amended Complaint as if fully set forth. 16. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 17. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 18. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 19. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 20. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 21. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 22. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 23. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 24. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 25. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 26. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 27. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 28. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 29. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 30. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 31. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 32. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff requests this Honorable Court enter judgment in his favor in the amount of $27,258.86, together with statutory interest, costs and such other relief as the Court deems vr just and reasonable under the circumstances. MARTSON LAW OFFICES By j• No V. Otto III, Esqui I.D. No. 27763 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: oZ/?3 Attorneys for Plaintiff 110 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Reply to New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Andrew H. Shaw, Esquire 200 South Spring Garden Street, Suite 11 Carlisle, PA 17013 MARTSON LAW OFFICES By f`'?z?? Maly . Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: -q) 3)0 G rTI FRED E. DEITCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v' NO. 3366 20 08 ESTATE OF ALBERT J. DEITCH, deceased - RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE THE JUDGES OF SAID COURT: Seth T. Mosebey, hsquire of Martson Law Offices , counsel for the plaintiff daK in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 27,258.86 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Andrew H. Shaw, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Martson Law Offices B-yJ Seth T. Mosebey ORDER OF COURT AND NOW, . 200--_, in consideration of the foregoing petition, Esq., and Esq., and captioned action (or actions) as prayed for. Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY CF THc p,;1`' ?; r Av 2009 SEP 16 F 2: 0 6 cu A/'w 'o FRED E. DEITCH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 3366 2008 ESTATE OF ALBERT J. DEITCH, deceased - RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS . TO THE HONORABLE THE JUDGES OF SAID COURT: Seth T. Mosebey, hsquire of Martson Law Offices , counsel for the plaintiffidK in the above' action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 27,258.86 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Andrew H. Shaw, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Martson Law Offices BY: Seth T. Mosebey ORDER OF COURT AND NOW, 02 , 200 q , in consideration of the foregoing petition, Esq., and ??? Esq., and Esq., are appointed arbitrators in the above, captioned action (or actions) as prayed for. B Court, DGAR, .BAY EY ? r r RILL B)" 2099 SEP 24 PH ti. 20 2009 SEP 15 P 2: 0 8 W,IN?fts. gm q/a s/ oY - ?1 tra mal tl?*t :aflt ?y s. ? hV? Fred 'C fi-c'sEC L Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. ZY 9-_..33 C ?- Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Si ature Signature Signa e Name (Chairman) Name Name ??N56 rS lfroe 53 FU,*n 1-16 qt- Law Firm 361 W1a?ke? 5?- P10 &,K lag Address City, Zip Law Firm 114ZZ IMa vim , Address ?, ,Q? ? oll City, Zip ,lu l?l?C? LLB Law Firm As5V vW V14 TAW Address 15'-ZDC,J U41,55yttt apkc 1'1D# j? City, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) rale_ bird. in F4urr. eF -1'L,c ?cFf'?aQva? Arbitrator, dissents. (Insert name if applicable. to of Hearin : 2 Zci o `??f )A (Chairman) Date of Award: r Notice of Entry of Award Now, the -ham-- day of , 20-IC L, at S :ell-, # M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitfators' comp dskion to be paid upon appeal: $ .3S"d dLZ -- By: Prothonotary Deputy F T n'. 20 10 HAR - I 1 0.23 rcorFs en?. t l -3/1116 A4?Lj A . a4 I ,( '9', rYjc,sjct4y ,3/t/10 ,/Yl Y y