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HomeMy WebLinkAbout08-3793SEALOVER HOMES, INC. vs. : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA ROBYN A. SEALOVER, an Individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased Defendants : CIVIL ACTION - LAW : No: 08- 3 NZ IN REPLEVIN NOTICE LAW OFFICES SNELBAKER & BRENNEMAN, P.C. TO: Robyn A. Sealover, an Individual, Robyn A. Sealover, Administratrix, Defendants 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013-3302 (717) 249-3166 SNELBAKER & BRENNEMAN, P.C. By Attorneys or Plaintiff Date: June A& , 2008 SEALOVER HOMES, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION -LAW ROBYN A. SEALOVER, an Individual, and ROBYN A. SEALOVER, as : No: 08- 3793 Administratrix of the Estate of Dennis A. Sealover, Deceased IN REPLEVIN Defendants COMPLAINT AND NOW, comes Sealover Homes, Inc., Plaintiff, by its attorneys, Snelbaker & Brenneman, P.C., and avers the following cause of action: 1. Plaintiff is Sealover Homes, Inc., a Pennsylvania business corporation, having its office at 145 Big Oak Road, Dillsburg (Monaghan Township), York County, Pennsylvania, 17019. 2. Defendant Robyn A. Sealover is an adult individual who resides at 211 Cherokee Drive, Mechanicsburg (Hampden Township), Cumberland County, Pennsylvania 17050, sometimes hereinafter called "Individual Defendant". 3. Defendant Robyn A. Sealover is also the Administratrix of the Estate of Dennis A. Sealover, Deceased, who resides at 211 Cherokee Drive, Mechanicsburg (Hampden Township), Cumberland County, Pennsylvania 17050, sometimes hereinafter called "Defendant Administratrix". 4. At all times relevant hereto, Plaintiff was and continues to be in the home LAW OFFICES SNELBAKER & BRENNEMAN, P.C. building business and is the owner of the following items of personal property: a. 1998 Ford Truck, Pennsylvania Registration YDF7474 bearing Vehicle Identification Number I FTZX I 8W5WNB74708. 1 b. Keys to the above mentioned truck. C. Keys to various containers and structures owned or occupied by Sealover Homes, Inc. d. Business records of Sealover Homes, Inc. e. Various windows used for Sealover Homes, Inc. construction. f. Various cabinets used for Sealover Homes, Inc. construction. Said items are collectively hereinafter called "Corporate Property". 5. Dennis A. Sealover, during his lifetime, was an employee, officer and shareholder of Plaintiff corporation and as such, had possession of the Corporate Property. 6. Individual Defendant was married to Dennis A. Sealover and they resided at 211 Cherokee Drive, Mechanicsburg (Hampden Township) Cumberland County, Pennsylvania. 7. Dennis A. Sealover died intestate on November 1, 2007. Letters of Administration were issued to Defendant Administratrix by the Register of Wills of Cumberland County, Pennsylvania, in proceedings docketed to No. 2007-1060 in the Orphans' Court division of this Court. 8. Prior to the death of Dennis A. Sealover, the Plaintiff delivered the Ford Truck (and its keys) (Items a. and b., Paragraph 4 above) to Pay Point Auto Sales, Inc., 2 Taylor Boulevard, New Kingstown, Pennsylvania, for state inspection and repairs at the request and order of Plaintiff. 9. Subsequent to the death of Dennis A. Sealover, Individual Defendant caused the LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Ford Truck to be removed from the New Kingstown location and taken to 211 Cherokee Drive, Mechanicsburg (Hampden Township) Cumberland County, Pennsylvania, where it has been possessed by Defendant in her several capacities to the present time. 2 10. At the time of the death of Dennis A. Sealover, the corporate business keys (Item c., Paragraph 4 above) were in the personal possession of the decedent and have been retained by the Defendant in her several capacities. 11. At the time of the death of Dennis A. Sealover, the corporate business records, windows and cabinets (Items d., e., and f., Paragraph 4 above) were stored for the convenience of the Plaintiff at 211 Cherokee Drive, Mechanicsburg (Hampden Township) Cumberland County, Pennsylvania, where they are presumed to remain in the possession of the Defendant in her several capacities. 12. Defendant continued to reside at 211 Cherokee Drive, Mechanicsburg (Hampden Township) Cumberland County, Pennsylvania, and possessed the Corporate Property in her several capacities 13. Subsequent to the death of Dennis A. Sealover, Plaintiff has requested Defendant in both of her capacities to deliver possession of the Corporate Property to Plaintiff, which Defendant has failed and refused to release and deliver. 14. The value of the Corporate Property is $9,538.45. 15. To the best of Plaintiffs knowledge, the Corporate Property is located presently at 211 Cherokee Drive, Mechanicsburg (Hampden Township), Cumberland County, Pennsylvania. 16. Defendant has no right to possession of the Corporate Property in either of her capacities. WHEREFORE, Plaintiff requests judgment against Defendant in both of her capacities LAW OFFICES SNELBAKER & for: BRENNEMAN. P.C. A. The return of the Corporate Property as identified in Paragraph 4 hereinabove; B. The costs of this action; and C. Such other and further relief as the Court shall determine to be just and proper. SNELB & BRENNEMAN, P.C. By 'c d C. Snelbaker, Esquire Attorney I.D. # 06355 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Dated: X 6 , 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 4 VERIFICATION I, VERNON R. SEALOVER, do hereby certify that I am the President of Sealover Homes, Inc., the Plaintiff in the foregoing Complaint, that the facts in the foregoing Complaint within my personal knowledge are true and correct and that with regard to facts received from others, I believe to be true and correct. I understand that any false statements made herein are subject to the penalties of 18 PA C.S. §4904 relating to unsworn falsification to authorities. L161.11 AW) Vernon R. Sealover Dated: Je *e .2 6 , 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. )IJ a 0 0 ra r-? r.? m 1 v/ 7 a `! , SEALOVER HOMES, INC. VS. IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA ROBYN A. SEALOVER, an Individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased Defendants CIVIL ACTION -LAW No: 08- 3 7 93 64' 7'e-111 IN REPLEVIN MOTION FOR WRIT OF SEIZURE AND NOW, comes the Plaintiff, Sealover Homes, Inc., by its attorneys, Snelbaker & Brenneman, P.C., and requests the issuance of a Writ of Seizure upon notice and hearing pursuant to Pa. R.C.P. 1075.1 as follows: 1. Plaintiff has filed its Complaint in this action of replevin on June Z b , 2008, a true and correct copy of which is attached hereto and incorporated herein by reference thereto. The basis of Plaintiff's claim against Defendants is set forth in said Complaint. 2. Plaintiff seeks to recover from the above named Defendants the items of personal property as more specifically identified in Paragraph 4 of said Complaint and elects to proceed pursuant to Pa. R.C.P. 1075.1. WHEREFORE, pursuant to Pa. R.C.P. 1075. 1, Plaintiff respectfully requests the Court to: A. Fix a hearing to determine the probable validity of Plaintiff s claim; B. Fix the amount of the bond; and C. Order the issuance of a Writ of Seizure for the items of personal property identified in the Complaint. Respectfully submitted, LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Dated: June 04. , 2008 SNELBA R & BRENNEMAN, P.C. By 'char C. Snelbaker, Esquire 44 West Main Street (717) 697-8528 Mechanicsburg, PA 17055 Attorneys for Plaintiff v' SEALOVER HOMES, INC. vs. : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA ROBYN A. SEALOVER, an Individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased Defendants : CIVIL ACTION -LAW : No: 08- 37011 : IN REPLEVIN NOTICE LAW OFFICES SNELBAKER & BRENNEMAN, RC. TO: Robyn A. Sealover, an Individual, Robyn A. Sealover, Administratrix, Defendants 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013-3302 (717) 249-3166 SNELBAKER & BRENNEMAN, P.C. By Attorneys or Plaintiff Date: June A 6 , 2008 V? SEALOVER HOMES, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW ROBYN A. SEALOVER, an Individual, and ROBYN A. SEALOVER, as No: 08- 37? Administratrix of the Estate of Dennis A. Sealover, Deceased IN REPLEVIN Defendants COMPLAINT AND NOW, comes Sealover Homes, Inc., Plaintiff, by its attorneys, Snelbaker & Brenneman, P.C., and avers the following cause of action: 1. Plaintiff is Sealover Homes, Inc., a Pennsylvania business corporation, having its office at 145 Big Oak Road, Dillsburg (Monaghan Township), York County, Pennsylvania, 17019. 2. Defendant Robyn A. Sealover is an adult individual who resides at 211 Cherokee Drive, Mechanicsburg (Hampden Township), Cumberland County, Pennsylvania 17050, sometimes hereinafter called "Individual Defendant". 3. Defendant Robyn A. Sealover is also the Administratrix of the Estate of Dennis A. Sealover, Deceased, who resides at 211 Cherokee Drive, Mechanicsburg (Hampden Township), Cumberland County, Pennsylvania 17050, sometimes hereinafter called "Defendant Administratrix". 4. At all times relevant hereto, Plaintiff was and continues to be in the home LAW OFFICES SNELBAKER & BRENNEMAN. P.C. building business and is the owner of the following items of personal property: a. 1998 Ford Truck, Pennsylvania Registration YDF7474 bearing Vehicle Identification Number 1FTZX18W5WNB74708. 1 V b. Keys to the above mentioned truck. Keys to various containers and structures owned or occupied by Sealover Homes, Inc. d. Business records of Sealover Homes, Inc. e. Various windows used for Sealover Homes, Inc. construction. f. Various cabinets used for Sealover Homes, Inc. construction. Said items are collectively hereinafter called "Corporate Property". 5. Dennis A. Sealover, during his lifetime, was an employee, officer and shareholder of Plaintiff corporation and as such, had possession of the Corporate Property. 6. Individual Defendant was married to Dennis A. Sealover and they resided at 211 Cherokee Drive, Mechanicsburg (Hampden Township) Cumberland County, Pennsylvania. 7. Dennis A. Sealover died intestate on November 1, 2007. Letters of Administration were issued to Defendant Administratrix by the Register of Wills of Cumberland County, Pennsylvania, in proceedings docketed to No. 2007-1060 in the Orphans' Court division of this Court. Prior to the death of Dennis A. Sealover, the Plaintiff delivered the Ford Truck (and its keys) (Items a. and b., Paragraph 4 above) to Pay Point Auto Sales, Inc., 2 Taylor Boulevard, New Kingstown, Pennsylvania, for state inspection and repairs at the request and order of Plaintiff. 9. Subsequent to the death of Dennis A. Sealover, Individual Defendant caused the LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Ford Truck to be removed from the New Kingstown location and taken to 211 Cherokee Drive, Mechanicsburg (Hampden Township) Cumberland County, Pennsylvania, where it has been possessed by Defendant in her several capacities to the present time. 2 l 10. At the time of the death of Dennis A. Sealover, the corporate business keys (Item ;., Paragraph 4 above) were in the personal possession of the decedent and have been retained by the Defendant in her several capacities. 11. At the time of the death of Dennis A. Sealover, the corporate business records, windows and cabinets (Items d., e., and £, Paragraph 4 above) were stored for the convenience of the Plaintiff at 211 Cherokee Drive, Mechanicsburg (Hampden Township) Cumberland County, Pennsylvania, where they are presumed to remain in the possession of the Defendant in her several capacities. 12. Defendant continued to reside at 211 Cherokee Drive, Mechanicsburg (Hampden Township) Cumberland County, Pennsylvania, and possessed the Corporate Property in her several capacities 13. Subsequent to the death of Dennis A. Sealover, Plaintiff has requested Defendant in both of her capacities to deliver possession of the Corporate Property to Plaintiff, which Defendant has failed and refused to release and deliver. 14. The value of the Corporate Property is $9,538.45. 15. To the best of Plaintiff's knowledge, the Corporate Property is located presently at 211 Cherokee Drive, Mechanicsburg (Hampden Township), Cumberland County, Pennsylvania. 16. Defendant has no right to possession of the Corporate Property in either of her capacities. WHEREFORE, Plaintiff requests judgment against Defendant in both of her capacities LAW OFFICES SNELBAKER & BRENNEMAN. P.C. for: 3 f A. The return of the Corporate Property as identified in Paragraph 4 hereinabove; B. The costs of this action; and C. Such other and further relief as the Court shall determine to be just and proper. SNELBA & BRENNEMAN, P.C. By 'c d C. Snelbaker, Esquire Attorney I.D. # 063 5 5 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Dated: X C , 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 4 VERIFICATION I, VERNON R. SEALOVER, do hereby certify that I am the President of Sealover Homes, Inc., the Plaintiff in the foregoing Complaint, that the facts in the foregoing Complaint within my personal knowledge are true and correct and that with regard to facts received from others, I believe to be true and correct. I understand that any false statements made herein are subject to the penalties of 18 PA C.S. §4904 relating to unsworn falsification to authorities. Vernon R. Sealover Dated: Ju *e ;16 , 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ? ' -n ?xa ? t ? ?? S ? -^"`{? ?? } 4j ?i L Y s ?' '{1 _yT {•?? ?? ?-v SEALOVER HOMES, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA CIVIL ACTION - LAW vs. ROBYN A. SEALOVER, an individual, Docket No. 08-3793 and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased IN REPLEVIN Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Luther E. Milspaw, Jr., Esquire, as counsel for the Defendants in the above-captioned matter. tted, LUTHER E. MIL. PAW, Jr. Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Dated: June 30, 2008 SEALOVER HOMES, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA CIVIL ACTION - LAW VS. ROBYN A. SEALOVER, an individual, Docket No. 08-3793 and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased IN REPLEVIN Defendants CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Entry of Appearance upon all counsel/parties of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the 30'h day of June 2008, addressed as follows: Richard C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 submitted, T L. EBRIGHT; Paralegal Law ffice of Luther E. Milspaw, Jr. 13 tate Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 SHERIFF'S RETURN - REGULAR CASE NO: 2008-03793 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SEALOVER HOMES INC VS SEALOVER ROBYN A ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon SEALOVER ROBYN A ADMIN OF ESTATE OF DENNIS A SEALOVER the DEFENDANT at 1638:00 HOURS, on the 27th day of June 2008 at 211 CHEROKEE DRIVE MECHANCISBURG, PA 17050 by handing to ROSSTYN ROBERTSON, SON a true and attested copy of COMPLAINT - REPLEVIN together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 -716 -?- J(7 f ? . ° ° 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 06/30/2008 SNELBAKER & BRENNEMAN By: ' Deputy Sheriff of A. D. r..' SHERIFF'S RETURN - REGULAR CASE NO: 2008-03793 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SEALOVER HOMES INC VS SEALOVER ROBYN A ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon SEALOVER ROBYN A the DEFENDANT , at 1638:00 HOURS, on the 27th day of June 2008 at 211 CHEROKEE DRIVE MECHANICSBURG, PA 17050 ROSSTYN ROBERTSON, SON by handing to a true and attested copy of COMPLAINT - REPLEVIN together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge 18.00 12.00 .59 10.00 .00 40.59 Sworn and Subscibed to before me this day So Answers: c? R. Thomas Kline 06/30/2008 SNELBAKER & BRENNEMAN By: Deputy Sheriff of A. D. r,X 30 2008, SEALOVER HOMES, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW ROBYN A. SEALOVER, an Individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased Defendants No: 08-37 93 IN REPLEVIN ORDER OF COURT 10 AND NOW, this V6'? day of-Jane, 2008, upon consideration of Plaintiff's Motion for Writ of Seizure, a hearing thereon, pursuant to Pa. R.C.P. 1075.1 is fixed for the _ day of , 2008, at _3.'E o'clock, - .M., E.D.S.T., in Court Room No. ?5 of the Cumberland County Courthouse at Carlisle, Pennsylvania. Notice of said hearing shall be served on Defendants in accordance with said Rule 1075.1 not less than twenty-four hours before said hearing. BY THE COURT, iNE OFFICES LBAKER & BRENNEMAN, P.C. V0,? is t/ NVAIASNN ! AiNnCC, ZSsCkd8-W Z AWIQNQHA)"-IU -40 Luther E. Milspaw, Jr., Esquire Attorney ID No. PA 19226 130 State Street, P.O. Box 946 Attorney for Defendants Harrisburg, PA 17108-0946 (717) 236-03141 FAX (717) 236-0791 Email: L.utliermilstiaw(?i<milst)awlawfirm.com SEALOVER HOMES, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA CIVIL ACTION - LAW vs. ROBYN A. SEALOVER, an individual, Docket No. 08-3793 and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased Defendants PETITION FOR ORDER REMOVING RICHARD C. SNELBAKER, ESQUIRE AS ATTORNEY FOR PLAINTIFF AND NOW come, ROBYN A. SEALOVER, an individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased, by and through their attorney, Luther E. Milspaw, Jr., Esquire and file this Petition for Order Removing Richard C. Snelbaker, Esquire, as Attorney for Plaintiff, as follows: 1. Plaintiff commenced this Replevin Action on or about June 25, 2008. 2. Plaintiff is a corporation of which the late Dennis A. Sealover was a shareholder, director, officer, and employee. Defendant Estate of Dennis A. Sealover 1 A succeeded to the deceased interest as shareholder. 3. Richard C. Snelbaker, Esquire, is the attorney for Plaintiff in this Replevin Action. On information and belief, Mr. Snelbaker has been attorney for the corporation for many if not all the years while the deceased was a shareholder, director, officer, and employee of the Plaintiff. During the same period, Mr. Snelbaker also represented and advised other entities in which the deceased had an interest, among them a partnership known as The Sealover Group, and the deceased individually, and each of the other individual shareholders, Vernon Sealover and Jeffrey Sealover, in a variety of matters. Mr. Snelbaker continues to represent and advise such entities and each of the other individual shareholders in a variety of matters, including this action and an action filed in Cumberland County concurrently with this action, on behalf of Jeffrey Sealover against Defendant Robyn Sealover as Administratrix of the Estate of Dennis A. Sealover, captioned to Docket No. 08-3791. 4. The representation of the Plaintiff in this action constitutes a concurrent conflict of interest under Rule 1.7 of the Pennsylvania Rules of Professional Conduct. 5. Defendants have not given consent to Mr. Snelbaker to represent the Plaintiff in this matter. Further, it is anticipated that Mr. Snelbaker will be a fact witness in this action. 6. The Defendants are and will be severely prejudiced by the representation of Plaintiff by Mr. Snelbaker. 2 7. Defendant sought the concurrence of Mr. Snelbaker in this Petition and Mr. Snelbaker did not concur. WHEREFORE, Defendants, ROBYN A. SEALOVER, an individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased, respectfully request that an Order be entered removing Mr. Snelbaker as attorney for the Plaintiff, together with such other relief as is just. R spect lly su fitted, LUTHE E. IL A , Jr. Dated: July 16, 2008 P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Defendants VERIFICATION I, Robyn A. Sealover, individually and as Administratrix of the Estate of Dennis A. Sealover hereby verify that the statements made in the foregoing are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Rob ealover, individually and as Administratrix of the Estate of Dennis A. Sealover Dated: / , 2008 SEALOVER HOMES, INC. Plaintiff vs. ROBYN A. SEALOVER, an individual, : and ROBYN A. SEALOVER, ; Administratrix of the Estate of Dennis A. Sealover, Deceased Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW Docket No. 08-3793 CERTIFICATE OF SERVICE AND NOW, this 16`h day of July 2008, I hereby certify that I served the foregoing Petition for Order Removing Richard C. Snelbaker, Esquire, as Attorney for Plaintiff by depositing the same in the U.S. mail, postage pre-paid, as follows: Richard C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 R sjitd, Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 5 FJ _ C» CFh ?- `T; SEALOVER HOMES, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA CIVIL ACTION - LAW vs. ROBYN A. SEALOVER, an individual, Docket No. 08-3793 and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased Defendants DEFENDANTS' ANSWER TO PLAINTIFF'S MOTION FOR WRIT OF SEIZURE AND NOW come, ROBYN A. SEALOVER, an individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased, by and through their attorney, Luther E. Milspaw, Jr., Esquire and file this Answer to Plaintiffs Motion for Writ of Seizure, as follows: 1. Admitted. In further response, Defendant has filed an Answer to Plaintiff s Complaint, a true and correct copy of which is attached hereto, incorporated herein by reference and marked Exhibit "1 ". 2. Admitted. WHEREFORE, Defendants respectfully request this Honorable Court to deny the Motion for Writ of Seizure pending a full determination of the issues raised by the Complaint and Answer, following the opportunity for appropriate discovery. LUTHER-Y. MILSPA'W, J Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Defendants Dated: July 16, 2008 1 Exhibit "1" Luther E. Milspaw, Jr., Esquire Attorney ID No. PA 19226 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 FAX (717) 236-0791 Email: Luthermi.lspaw(i4.milspawlawfirm.com. SEALOVER HOMES, INC. VS. Attomey for Defendants IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA CIVIL ACTION - LAW ROBYN A. SEALOVER, an individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased Defendants Docket No. 08-3793 NOTICE TO PLEAD To: SEALOVER HOMES, INC., Plaintiff c/o Richard C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days of service hereof or a default judgment may be entered against you. kEE ll y s mitte , E. MILSPAW, Attorney for Defendants Dated: July 16, 2008 1 SEALOVER HOMES, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA CIVIL ACTION - LAW vs. ROBYN A. SEALOVER, an individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased Defendants Docket No. 08-3793 DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND COUNTERCLAIM AND NOW come, ROBYN A. SEALOVER, an individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased, by and through their attorney, Luther E. Milspaw, Jr., Esquire and file this Answer with New Matter to Plaintiff's Complaint, as follows: 1. Admitted. 2. Admitted. 3. Admitted. In further answer, Individual Defendant was married to Dennis A. Sealover at the time of his death. 4. Admitted in part/Denied in part. It is admitted that Plaintiff was and continues to be in the home building business. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of the balance of the averment In further answer: a. Denied. Equitable title to the 1998 Ford Truck was always considered to be in the deceased, Dennis A. Sealover. The vehicle 2 was in the continuous possession of the deceased from the time of its purchase; and the vast majority of all costs related to the vehicle were borne by the deceased and the individual Defendant. b. Denied for the reasons set forth above the preceding paragraph. C. Denied. Defendants do not know what containers or structures the Plaintiff is referring to, nor whether they are owned or occupied by Plaintiff. d. Admitted. e. Denied to the extent that Plaintiff is contending that there are such items in the possession of Defendants. f. Denied to the extent that Plaintiff is contending that there are such items in the possession of Defendants 5. Admitted in part/Denied in part. It is admitted that Dennis A. Sealover during his lifetime was an employee, officer, and shareholder of Plaintiff corporation. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment that Dennis A. Sealover had possession of "corporate property" as the term is defined in Plaintiff's Complaint. In further answer, following his death, the Estate of Dennis A. Sealover succeeded his interest as shareholder of Plaintiff corporation. 6. Admitted. 7. Admitted. 3 8. Admitted in part/Denied in part. It is admitted that the vehicle was delivered to the location averred for the reasons averred. It is denied that it was at the "order of Plaintiff'. To the contrary, the deceased prior to his death, delivered said vehicle of his own volition, in the ordinary course of his equitable ownership of the vehicle. 9. Admitted. In further answer, the Defendant picked up the vehicle at the suggestion and direction of corporate officer Jeffrey D. Sealover. 10. Admitted. 11. Denied as stated. For the reasons set forth above, it is denied that "corporate property" as the term is defined in Plaintiff's Complaint, is stored at the residence of the Defendant. It is admitted, however, that some items of personal property of Plaintiff is stored at the said property. 12. Admitted in part/Denied in part. It is admitted that Defendant continues to reside at 211 Cherokee Drive, Mechanicsburg (Hampden Township), Cumberland County, Pennsylvania. It is denied that Defendant possessed "corporate property" as such is defined in Plaintiff's Complaint. 13. Denied. There has never been any request properly authorized by the Plaintiff corporation for the return of any property of the corporation. The Defendant has refused to provide any documentation in support of its contentions of ownership, nor specifically identified any the property sought except the vehicle. The Defendants have been denied access to any corporate records, and denied any information regarding the actions of the corporation. A formal request was made 4 on May 8, 2008, directed to Jeffrey D. Sealover, Vernon Sealover, and Sealover Homes, Inc., demanding that Plaintiff corporation permit Defendant in her capacity of Administratrix of the Estate of Dennis A. Sealover as shareholder in the corporation, to examine the corporate records, all in accordance with the Business Corporation Law of 1988, as amended, 15 Pa. C.S.A. §1508. A true and correct copy of the correspondence of May 8, 2008 is attached hereto, incorporated herein by reference and marked Exhibit "A". A copy of same was provided to Richard A. Snelbaker, Esquire. No response was ever received to such demand. 14. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment. 15. Denied for the reasons stated above. 16. Denied. This averment constitutes a legal conclusion to which no response is required. WHEREFORE, Defendants, ROBYN A. SEALOVER, an individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased, respectfully request that Plaintiff's Complaint be dismissed with prejudice and judgment be entered on their behalf and against the Plaintiff, together with such other relief as is just. NEW MATTER 17. The averments contained in Paragraphs 1 through 16 set forth above are incorporated herein by reference thereto as if set forth again in full. 5 18. Following the retention of Luther E. Milspaw, Jr., Esquire as attorney for Defendants, correspondence was directed to the shareholders, Jeffrey D. Sealover, Vernon Sealover, and Richard C. Snelbaker, Esquire advising of the representation and addressing Plaintiff's claim for return of alleged corporate property, and requesting a meeting of the shareholders to discuss any and all matters in disputes. No response was ever received to the communications. 19. On May 8, 2008, correspondence was directed to Jeffrey D. Sealover, Vernon Sealover, and Sealover Homes, Inc., formally demanding that Plaintiff corporation permit Defendant in her capacity of Administratrix of the Estate of Dennis A. Sealover, shareholder in the corporation, to examine the corporate records all in accordance with the Business Corporation Law of 1988, as amended, 15 Pa. C.S.A. § 1508. A true and correct copy of the correspondence of May 8, 2008 is attached hereto, incorporated herein by reference and marked Exhibit "A". A copy of same was provided to Richard A. Snelbaker, Esquire. No response was ever received to such demand. 20. Plaintiff has failed to state a claim upon which relief may be granted. 21. Plaintiff's claims are barred by the doctrine of estoppel. 22. Plaintiff's claims are barred by the doctrine of unclean hands. WHEREFORE, Defendants respectfully request that Plaintiff's Complaint be dismissed with prejudice and judgment be entered on their behalf and against the Plaintiff, together with such other relief as is just. kH lly . Attorney ID No. 19226 130 State Street P.O. Box 946 ' Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Defendants Dated: July 16, 2008 7 Exhibit "A" LUTHER E. MILSPAW, Jr. ATTORNEY AT LAW 130 STATE STREET P.O. BOX 946 HARRISBURG, PA 17108-0946 LUTHER E. MILSPAW, Jr., Esquire Tara L. Ebright, Paralegal Specialist May 8, 2008 Via Facsimile, Email and U.S. Regular Mail Vernon Sealover, Officer Sealover Homes, Inc. 145 Big Oak Road Dillsburg, PA 17019 Jeffrey D. Sealover, Officer Sealover Homes, Inc. 609 East Coover Mechanicsburg, PA 17055 Sealover Homes, Inc. 145 Big Oak Road Dillsburg, PA 17019 Phone (717) 236-3141 Facsimile (717) 236-0791 Luthermilspaw®milspawlawfirm.com Taraebrlght®mllspawlawftrm.com L OpP In re: Estate of Dennis A. Sealover Shareholder, Sealover Homes, Inc. Partner, Sealover Group Gentlemen: As you are aware, the undersigned has been retained by Robyn Sealover, Administratrix of the Estate of Dennis A. Sea.lover, to represent the Estate in all matters involving the Estate, including the Estate's interest in Sealover Homes, Inc, as shareholder and in the Sealover Group Partnership as a 50% partner. Over the past several months, my client has become progressively dissatisfied with the manner in which businesses of the corporation and partnership have been conducted, particularly with the manner in which the businesses of both entities have been controlled by the other shareholders and partner to the detriment of the Estate. This is evident in a number of improper transactions including unauthorized if not unlawful transactions with Vernon Sealover and Jeffrey Sealover individually, as well as other entities and individuals, that have taken place since the death of Dennis and for many years prior to his death. These transactions have been high risk and speculative in nature, have been unsecured and improperly documented, were and Vernon Sealover, Officer Jeffrey D. Sealover, Officer Sealover Homes, Inc. May 8, 2008 Page 2 are improperly accounted for on the books of the corporation, have provided financial benefit to the other shareholders and partner to the detriment of the Estate's interest, constitute a breach of . the fiduciary duty of the favored shareholders and partner to the Estate, have no proper corporate or business purpose, may have constituted fraud against other entities including lending institutions, and may otherwise be violative of applicable law including applicable income tax law. Additionally, there has been a pattern of conduct over the course of the last several months by those in control which exhibits self-dealing and a lack of good faith: actions taken in concert which have had the effect of depriving the Estate of its proper voice in management of the corporation and partnership, frustrating its reasonable expectations as a partner and minority shareholder, and potentially inhibiting proper use and distribution of the income, profits and losses generated by the businesses. You have each failed and refused to cease the oppressive conduct. The situation has become intolerable to the Estate, particularly since it has become advised that civil liability could attach to the Estate and the Administratrix as the result of your acts. Although we have undertaken to evaluate all legal and equitable remedies available to the Estate, including those arising under the provisions of the Business Corporation Law of 1988 that deal with dissenter's rights, appointment of a custodian to the corporation and partnership, involuntary liquidation and dissolution, and communication with the Internal Revenue Service, we have advised the Administratrix to forestall the implementation of any such remedies until we have had the opportunity to meet with all shareholders and partner to discuss our concerns and demands. You have thus far failed to respond to my previous correspondence to each of you. I strongly urge you to respond immediately, in your own best interest, as well as the interest of my client and the two entities. Concurrently, pursuant to Section 1508 of the Business Corporation Law of 1988, as amended, 15 Pa C.S.A. §1508, and Section 8332 of the Uniform Partnership Act, as amended, 15 Pa C.S.A. §8332 it is demanded that the corporation and partnership permit Robyn A. Sealover, Administratrix of the Estate of Dennis A. Sealover, as shareholder and partner, the right to examine both in person and/or by her undersigned attorney or accountants, during the usual hours of business, the share register, books and records of accounts, and records of the proceedings of the two entities, incorporators, shareholders and directors, and partners, as applicable, and all other entities business records, from the date the corporation and partnership were first formed, to the present. The purpose of the inspection is to permit the Estate as shareholder and partner, to insure that its interest as shareholder and partner is being properly protected by the officers, directors, partner and employees of the two entities; that the entities are Vernon Sealover, Officer Jeffrey D. Sealover, Officer Sealover Homes, Inc. May 8, 2008 Page 3 being managed and books and records kept in accordance with generally accepted accounting principles; to determine whether corporate or partnership funds, assets and/or opportunities are being diverted from the entities to the detriment of the Estate's interest; to determine whether the businesses of both entities are being conducted in a lawful manner; to determine whether any of the acts taken on or behalf of the corporation or partnership will result in any potential liability to the Estate's interest as shareholder and partner; and to otherwise determine the manner in which the businesses are and have been managed. This demand to inspect records includes not only records maintained at the registered office and/or principal place of businesses of the corporation and partnership, but also to all entity records maintained by the shareholders, officers, directors or partners individually or by their attorneys. It is demanded that you reply within five (5) business days from the date of this demand, or all appropriate remedies under the law to compel such inspection will be exercised, all at the expense of the corporation and partnership and the other shareholders and partners Pending compliance with this request, you and all shareholders, directors, officers, partners, employees, lawyers, accountants and all other agents, are directed to take no actions which are to the detriment of the Estate; enter into no transactions on behalf of the corporation or partnership that are not expressly approved in writing in advance by the Estate, including settlement on any pending real estate transactions; destroy or conceal any corporate documents or records of any sort; or conduct any meetings of the shareholders or directors of the corporation, or of the partnership, that do not include the designated representative of the Estate. It is requested that you contact the undersigned on of before 4:00 p.m., Friday, May 16, 2008 to arrange a time of mutual convenience for us to meet. You and all other shareholders and partners and agents are directed to have no communications with the Administratrix directly about the matters addressed in this letter, but are to direct all responses and communication to the undersigned. LEMjr/cm cc: Client Richard C. Snelbaker, Esquire {via regular mail only} (via regular mail only) Vernon Sealover, Officer Jeffrey D. Sealover, Officer Sealover Homes, Inc. May 8, 2008 Page 4 VERIFICATION: The undersigned hereby verifies the demand made hereby. d jz'6.4:?2 - RRo&yn A. Sealover, Administratrix STATE OF PENNSYLVANIA COUNTY OF DAUPHIN : ss On this, the 8t' day of May, 2008, before me, the undersigned officer, personally appeared Robyn Sealover, Administratrix of the Estate of Dennis A. Sealover, known to me, or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument and acknowledged that he executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. NOTARIAL SEAL Nq?t Public TARA L BRIGHT ? Noklry Public LEWISTOWN BOROUGH, MIFFLIN COUNTY My Coff nkdon Exgres Oct 11, 2008 SPECIAL POWER OF ATTORNEY NOTICE THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT') THE LA= POWER TO ACT ON BEHALF OF THE ESTATE OF DENNIS A SEALOVER, AND YOU AS ITS ADMINISTRATRIX, WHICH INCLUDES THE POWER TO INSPECT AND COPY ALL RECORDS OF ANY ENTITY IN WHICH THE ESTATE HAS AN INTEREST, INCLUDING SEALOVER HOMES, INC., AND THE SEALOVER GROUP PARTNERSHIP, WITH OR WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THIS POWER, OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE THE GRANTED POWER, BUT WHEN THE POWER IS EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT ONLY IN ACCORDANCE WITH THIS POWER OF ATTORNEY. YOUR AGENT MAY EXERCISE THE POWERS AT ANY TIME. THIS SPECIAL POWER OF ATTORNEY SHALL BE EFFECTIVE UNTIL THE PURPOSE STATED HAS BEEN ACCOMPLISHED AND SHALL THEREAFTER BE NULL AND VOID. THIS SPECIAL POWER OF ATTORNEY SHALL NOT BE AFFECTED BY ANY DISABILITY OR INCAPACITATION YOU MAY HAVE AT THE TIME. YOU MAY REVOKE OR TERMINATE YOUR AGENT'S AUTHORITY IN WRITING AT ANY TIME. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY. THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE EXPLAINED MORE FULLY IN 20 Pa.C.S. Ch. 56 AND IN SECTION 1508 OF THE BUSINESS CORPORATION LAW OF 1988, AS AMENDED, 15 PA C.S.A. § 1508, AND SECTION 8332 OF THE UNIFORM PARTNERSHIP ACT, AS AMENDED, 15 PA C.S.A. §8332 . IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OTHER THAN THE AGENT OF YOUR OWN CHOOSING APPOINTED HEREUNDER, TO EXPLAIN IT TO YOU. I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND ITS CONTENTS. ,57- (Date) R A. SEALOVER, ADM NISTR.ATRIX SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I, ROBYN A. SEALOVER, ADMINISTRATRIX, of 211 Cherokee Drive, Mechanicsburg, Cumberland County, PA, have made, constituted and appointed, LUTHER E. MILSPAW, Jr., of 130 State Street, Harrisburg, Dauphin County, PA, as my true and lawful Attorney and Agent for the exercise of the following powers: 1. Purpose and Power. The purpose of this special power of attorney is to allow my named attorney-in-fact to do all and every act and thing whatsoever necessary on my behalf as Administratrix 'of the Estate of Dennis A. Sealover, in connection with the inspection of corporate and partnership records any entity in which the estate has an interest, including Sealover Homes, Inc., and the Sealover Group Partnership , and for no other purpose. 2. Duration and durability. This special power of attorney shall be effective until the purpose stated in paragraph one (1) above has been accomplished and shall thereafter be null and void. This special power of attorney shall not be affected by disability of the principal. 3. Copies. My said attorney in fact shall have authority to make copies of this Power of Attorney and to certify and delivdr the same to any person, corporation, partnership, bank, association or government agency requiring the same. All persons and other entities accepting a copy hereof, so certified, shall be as completely protected as if the original of this instrument had been delivered to them or it. IN WITNESS WHEREOF, I have hereunto set my hand and seal on this ? ay of May, 2009. i J'4?? R A. SE OVER, ADM NISTRATRIX Signed, sealed and delivered in the presence of (SEAL) Wi ss (SEAL) Witness COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN :ss On this, the ? day of May, 2008, before me, the undersigned officer, personally appeared ROBYN A. SEALOVER, ADMINISTRATRIX, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hantand official seal. Public My commission expires October 11, 2008. NOTARIAL SEAL 1W L BRIGHT Notary Pubk LEWISTOWN BOROUGH, MIFFLIN COUNN My Commission Expires Oct 11, 2008 ACKNOWLEDGMENT OF ATTORNEY I, LUTHER E. MILSPAW. Jr., Esquire, have read the attached special power of attorney and am the person identified as the Attorney in fact and Agent for the principal. I hereby acknowledge that in the absence of a specific provision to the contrary in the power of attorney when I act as Attorney in fact and Agent: I shall exercise the powers for the benefit of the principal only as specified. I shall keep a full and accurate record of all actigtts taken behalf of the principal. Oate) Luther COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN :ss On this A i '' day of May, 2008, before me, a Notary Public, the undersigned officer, personally appeared LUTHER E. MILSPAW, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed as Attorney and/or Agent to the foregoing Special Power of Attorney, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my,4and and official otary Public NOTARIAL SEAL TARA L MIGHT Notary Public LEWISTOWN BOROUGH, MIFFLIN COUNTY My Commission Expires Oct 11, 2008 VERIFICATION I, Robyn A. Sealover, individually and as Administratrix of the Estate of Dennis A. Sealover hereby verify that the statements made in the foregoing are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Robyn . alover, in ividually and as Administratrix of the Estate of Dennis A. Sealover Dated: 2 ZZ6 )2008 SEALOVER HOMES, INC. Plaintiff VS. ROBYN A. SEALOVER, an individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW Docket No. 08-3793 CERTIFICATE OF SERVICE AND NOW, this 16`h day of July 2008, I hereby certify that I served the foregoing Answers to Plaintiff's Complaint With New Matter by depositing the same in the U.S. mail, postage pre-paid, as follows: Richard C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 R spectfully sub fitted, WR MILSPA L Jr. Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 VERIFICATION I, Robyn A. Sealover, individually and as Administratrix of the Estate of Dennis A. Sealover hereby verify that the statements made in the foregoing are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Robyn . S lover, in ividually and as Administratrix of the Estate of Dennis A. Sealover Dated: 0 1 1 2008 SEALOVER HOMES, INC. Plaintiff VS. ROBYN A. SEALOVER, an individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVEL ACTION - LAW Docket No. 08-3793 CERTIFICATE OF SERVICE AND NOW, this 16th day of July 2008, I hereby certify that I served the foregoing Answers to Motion for Writ of Seizure by depositing the same in the U.S. mail, postage pre-paid, as follows: Richard C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 F,fsp ctfAMILSPA E Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 v z? <T tc :a r i Luther E. Milspaw, Jr., Esquire Attorney ID No. PA 19226 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 FAX (717) 236-0791 Email: I.utlierxnils pa w(i?milspawla wfirin. com Attomey for Defendants SEALOVER HOMES, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA CIVIL ACTION - LAW VS. ROBYN A. SEALOVER, an individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover; Deceased Defendants Docket No. 08-3793 NOTICE TO PLEAD To: SEALOVER HOMES, INC., Plaintiff c/o Richard C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days of service hereof or a default judgment may be entered against you. kUEf lly s mitte , E. MILSP AW. Attorney for Defendants Dated: July 16, 2008 1 L SEALOVER HOMES, INC. Plaintiff VS. ROBYN A. SEALOVER, an individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW Docket No. 08-3793 DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND COUNTERCLAIM AND NOW come, ROBYN A. SEALOVER, an individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased, by and through their attorney, Luther E. Milspaw, Jr., Esquire and file this Answer with New Matter to Plaintiff's Complaint, as follows: 1. Admitted. 2. Admitted. 3. Admitted. In further answer, Individual Defendant was married to Dennis A. Sealover at the time of his death. 4. Admitted in part/Denied in part. It is admitted that Plaintiff was and continues to be in the home building business. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of the balance of the averment In further answer: a. Denied. Equitable title to the 1998 Ford Truck was always considered to be in the deceased, Dennis A. Sealover. The vehicle 2 was in the continuous possession of the deceased from the time of its purchase; and the vast majority of all costs related to the vehicle were borne by the deceased and the individual Defendant. b. Denied for the reasons set forth above the preceding paragraph. C. Denied. Defendants do not know what containers or structures the Plaintiff is referring to, nor whether they are owned or occupied by Plaintiff. d. Admitted. e. Denied to the extent that Plaintiff is contending that there are such items in the possession of Defendants. f. Denied to the extent that Plaintiff is contending that there are such items in the possession of Defendants 5. Admitted in part/Denied in part. It is admitted that Dennis A. Sealover during his lifetime was an employee, officer, and shareholder of Plaintiff corporation. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment that Dennis A. Sealover had possession of "corporate property" as the term is defined in Plaintiff's Complaint. In further answer, following his death, the Estate of Dennis A. Sealover succeeded his interest as shareholder of Plaintiff corporation. b. Admitted. 7. Admitted. 3 8. Admitted in part/Denied in part. It is admitted that the vehicle was delivered to the location averred for the reasons averred. It is denied that it was at the "order of Plaintiff'. To the contrary, the deceased prior to his death, delivered said vehicle of his own volition, in the ordinary course of his equitable ownership of the vehicle. 9. Admitted. In further answer, the Defendant picked up the vehicle at the suggestion and direction of corporate officer Jeffrey D. Sealover. 10. Admitted. 11. Denied as stated. For the reasons set forth above, it is denied that "corporate property" as the term is defined in Plaintiff's Complaint, is stored at the residence of the Defendant. It is admitted, however, that some items of personal property of Plaintiff is stored at the said property. 12. Admitted in part/Denied in part. It is admitted that Defendant continues to reside at 211 Cherokee Drive, Mechanicsburg (Hampden Township), Cumberland County, Pennsylvania. It is denied that Defendant possessed "corporate property" as such is defined in Plaintiffs Complaint. 13. Denied. There has never been any request properly authorized by the Plaintiff corporation for the return of any property of the corporation. The Defendant has refused to provide any documentation in support of its contentions of ownership, nor specifically identified any the property sought except the vehicle. The Defendants have been denied access to any corporate records, and denied any information regarding the actions of the corporation. A formal request was made 4 on May 8, 2008, directed to Jeffrey D. Sealover, Vernon Sealover, and Sealover Homes, Inc., demanding that Plaintiff corporation permit Defendant in her capacity of Administratrix of the Estate of Dennis A. Sealover as shareholder in the corporation, to examine the corporate records, all in accordance with the Business Corporation Law of 1988, as amended, 15 Pa. C.S.A. §1508. A true and correct copy of the correspondence of May 8, 2008 is attached hereto, incorporated herein by reference and marked Exhibit "A". A copy of same was provided to Richard A. Snelbaker, Esquire. No response was ever received to such demand. 14. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment. 15. Denied for the reasons stated above. 16. Denied. This averment constitutes a legal conclusion to which no response is required. WHEREFORE, Defendants, ROBYN A. SEALOVER, an individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased, respectfully request that Plaintiff's Complaint be dismissed with prejudice and judgment be entered on their behalf and against the Plaintiff, together with such other relief as is just. NEW MATTER 17. The averments contained in Paragraphs 1 through 16 set forth above are incorporated herein by reference thereto as if set forth again in full. 18. Following the retention of Luther E. Milspaw, Jr., Esquire as attorney for Defendants, correspondence was directed to the shareholders, Jeffrey D. Sealover, Vernon Sealover, and Richard C. Snelbaker, Esquire advising of the representation and addressing Plaintiff's claim for return of alleged corporate property, and requesting a meeting of the shareholders to discuss any and all matters in disputes. No response was ever received to the communications. 19. On May 8, 2008, correspondence was directed to Jeffrey D. Sealover, Vernon Sealover, and Sealover Homes, Inc., formally demanding that Plaintiff corporation permit Defendant in her capacity of Administratrix of the Estate of Dennis A. Sealover, shareholder in the corporation, to examine the corporate records all in accordance with the Business Corporation Law of 1988, as amended, 15 Pa. C.S.A. § 1508. A true and correct copy of the correspondence of May 8, 2008 is attached hereto, incorporated herein by reference and marked Exhibit "A". A copy of same was provided to Richard A. Snelbaker, Esquire. No response was ever received to such demand. 20. Plaintiff has failed to state a claim upon which relief may be granted. 21. Plaintiff's claims are barred by the doctrine of estoppel. 22. Plaintiff's claims are barred by the doctrine of unclean hands. 6 WHEREFORE, Defendants respectfully request that Plaintiff's Complaint be dismissed with prejudice and judgment be entered on their behalf and against the Plaintiff, together with such other relief as is just. kHE lly sbmitt . MILSP r. Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Defendants Dated: July 16, 2008 7 Exhibit "A" LUTHER E. MILSPAW, Jr. ATTORNEY AT LAW 130 STATE STREET P.O. BOX 946 HARRISBURG, PA 17108-0946 LUTHER E. MILSPAW, Jr., Esquire Phone (717) 236-3141 Facsimile (717) 236.0791 Luthermilspaw®milspawlawt1rm.c0m Tara L. Ebright, Paralegal Specialist Taraebright®milspawlawSrm.cOm May 8, 2008 Via Facsimile, Email and U.S. Regular Mail Vernon Sealover, Officer Sealover Homes, Inc. 145 Big Oak Road Dillsburg, PA 17019 Jeffrey D. Sealover, Officer Sealover Homes, Inc. 609 East Coover Mechanicsburg, PA 17055 Sealover Homes, Inc. 145 Big Oak Road Dillsburg, PA 17019 Gentlemen: ?OOp? In re: Estate of Dennis A. Sealover Shareholder, Sealover Homes, Inc. Partner, Sealover Group As you are aware, the undersigned has been retained by Robyn Sealover, Administratrix of the Estate of Dennis A. Sealover, to represent the Estate in all matters involving the Estate, including the Estate's interest in Sealover Homes, Inc, as shareholder and in the Sealover Group Partnership as a 50% partner. Over the past several months, my client has become progressively dissatisfied with the manner in which businesses of the corporation and partnership have been conducted, particularly with the manner in which the businesses of both entities have been controlled by the other shareholders and partner to the detriment of the Estate. This is evident in a number of improper transactions including unauthorized if not unlawful transactions with Vernon Sealover and Jeffrey Sealover individually, as well as other entities and individuals, that have taken place since the death of Dennis and for many years prior to his death. These transactions have been high risk and speculative in nature, have been unsecured and improperly documented, were and Vernon Sealover, Officer Jeffrey D. Sealover, Officer Sealover Homes, Inc. May 8, 2008 Page 2 are improperly accounted for on the books of the corporation, have provided financial benefit to the other shareholders and partner to the detriment of the Estate's interest, constitute a breach of the fiduciary duty of the favored shareholders and partner to the Estate, have no proper corporate or business purpose, may have constituted fraud against other entities including lending institutions, and may otherwise be violative of applicable law including applicable income tax law. Additionally, there has been a pattern of conduct over the course of the last several months by those in control which exhibits self-dealing and a lack of good faith: actions taken in concert which have had the effect of depriving the Estate of its proper voice in management of the corporation and partnership, frustrating its reasonable expectations as a partner and minority shareholder, and potentially inhibiting proper use and distribution of the income, profits and losses generated by the businesses. You have each failed and refused to cease the oppressive conduct. The situation has become intolerable to the Estate, particularly since it has become advised that civil liability could attach to the Estate and the Administratrix as the result of your acts. Although we have undertaken to evaluate all legal and equitable remedies available to the Estate, including those arising under the provisions of the Business Corporation Law of 1988 that deal with dissenter's rights, appointment of a custodian to the corporation and partnership, involuntary liquidation and dissolution, and communication with the Internal Revenue Service, we have advised the Administratrix to forestall the implementation of any such remedies until we have had the opportunity to meet with all shareholders and partner to discuss our concerns and demands. You have thus far failed to respond to my previous correspondence to each of you. I strongly urge you to respond immediately, in your own best interest, as well as the interest of my client and the two entities. Concurrently, pursuant to Section 1508 of the Business Corporation Law of 1988, as amended, 15 Pa C.S.A. §1508, and Section 8332 of the Uniform Partnership Act, as amended, 15 Pa C.S.A. §8332 it is demanded that the corporation and partnership permit Robyn A. Sealover, Administratrix of the Estate of Dennis A. Sealover, as shareholder and partner, the right to examine both in person and/or by her undersigned attorney or accountants, during the usual hours of business, the share register, books and records of accounts, and records of the proceedings of the two entities, incorporators, shareholders and directors, and partners, as applicable, and all other entities business records, from the date the corporation and partnership were first formed, to the present. The purpose of the inspection is to permit the Estate as shareholder and partner, to insure that its interest as shareholder and partner is being properly protected by the officers, directors, partner and employees of the two entities; that the entities are Vernon Sealover, Officer Jeffrey D. Sealover, Officer Sealover Homes, Inc. May 8, 2008 Page 3 being managed and books and records kept in accordance with generally accepted accounting principles; to determine whether corporate or partnership funds, assets and/or opportunities are being diverted from the entities to the detriment of the Estate's interest; to determine whether the businesses of both entities are being conducted in a lawful manner; to determine whether any of the acts taken on or behalf of the corporation or partnership will result in any potential liability to the Estate's interest as shareholder and partner; and to otherwise determine the manner in which the businesses are and have been managed. This demand to inspect records includes not only records maintained at the registered office and/or principal place of businesses of the corporation and partnership, but also to all entity records maintained by the shareholders, officers, directors or partners individually or by their attorneys. It is demanded that you reply within five (5) business days from the date of this demand, or all appropriate remedies under the law to compel such inspection will be exercised, all at the expense of the corporation and partnership and the other shareholders and partners Pending compliance with this request, you and all shareholders, directors, officers, partners, employees, lawyers, accountants and all other agents, are directed to take no actions which are to the detriment of the Estate; enter into no transactions on behalf of the corporation or partnership that are not expressly approved in writing in advance by the Estate, including settlement on any pending real estate transactions; destroy or conceal any corporate documents or records of any sort; or conduct any meetings of the shareholders or directors of the corporation, or of the partnership, that do not include the designated representative of the Estate. It is requested that you contact the undersigned on or before 4:00 p.m., Friday, May 16, 2008 to arrange a time of mutual convenience for us to meet. You and all other shareholders and partners and agents are directed to have no communications with the Administratrix directly about the matters addressed in this letter, but are to direct all responses and communication to the undersigned. LEMjr/cm cc: Client Richard C. Snelbaker, Esquire {via regular maul only) {via regular mail only) Vernon Sealover, Officer Jeffrey D. Sealover, Officer Sealover Homes, Inc. May 8, 2008 Page 4 VERIFICATION: The undersigned hereby verifies the demand made hereby. Rob3qi A. Sealover, Administratrix STATE OF PENNSYLVANIA COUNTY OF DAUPHIN : ss On this, the 8`' day of May, 2008, before me, the undersigned officer, personally appeared Robyn Sealover, Administratrix of the Estate of Dennis A. Sealover, known to me, or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument and acknowledged that he executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. . NOTARIAL SEAL L N Public 1ARA L EBRIGHT ?Y Notary Public LEWMTOWN BOROUGH, MIFFLIN COUNTY My Cwwnb lion ExpkM Oct 11, 2008 SPECIAL POWER OF ATTORNEY NOTICE THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT') THE LlMaTED POWER TO ACT ON BEHALF OF THE ESTATE OF DENNIS A SEALOVER, AND YOU AS ITS ADMINISTR.ATRIX, WHICH INCLUDES THE POWER TO INSPECT AND COPY ALL RECORDS OF ANY ENTITY IN WHICH THE ESTATE HAS AN INTEREST, INCLUDING SEALOVER HOMES, INC., AND THE SEALOVER GROUP PARTNERSHIP, WITH OR WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THIS POWER. OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE THE GRANTED POWER, BUT WHEN THE POWER IS EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT ONLY IN ACCORDANCE WITH THIS POWER OF ATTORNEY. YOUR AGENT MAY EXERCISE THE POWERS AT ANY TIME. THIS SPECIAL POWER OF ATTORNEY SHALL BE EFFECTIVE UNTIL THE PURPOSE STATED HAS BEEN ACCOMPLISHED AND SHALL THEREAFTER BE NULL AND VOID. THIS SPECIAL POWER OF ATTORNEY SHALL NOT BE AFFECTED BY ANY DISABILITY OR INCAPACITATION YOU MAY HAVE AT THE TIME. YOU MAY REVOKE OR TERMINATE YOUR AGENT'S AUTHORITY IN WRITING AT ANY TIME. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY. THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE EXPLAINED MORE FULLY IN 20 Pa.C.S. Ch. 56 AND IN SECTION 1508 OF THE BUSINESS CORPORATION LAW OF 1988, AS AMENDED, 15 PA C.S.A. §1508, AND SECTION 8332 OF THE UNIFORM PARTNERSHIP ACT, AS AMENDED, 15 PA C.S.A. §8332. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OTHER THAN THE AGENT OF YOUR OWN CHOOSING APPOINTED HEREUNDER, TO EXPLAIN IT TO YOU. I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND ITS CONTENTS. (Date) R A. SEALOVER, ADMINISTRATRIX SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I, ROBYN A. SEALOVER, ADMINISTRATRIX, of 211 Cherokee Drive, Mechanicsburg, Cumberland County, PA, have made, constituted and appointed, LUTHER E. AMSPAW, Jr., of 130 State Street, Harrisburg, Dauphin County, PA, as my true and lawful Attorney and Agent for the exercise of the following powers: 1. Purpose and Power. The purpose of this special power of attorney is to allow my named attorney-in-fact to do all and every act and thing whatsoever necessary on my behalf as Administratrix of the Estate of Dennis A. Sealover, in connection with the inspection of corporate and partnership records any entity in which the estate has an interest, including Sealover Homes, Inc., and the Sealover Group Partnership , and for no other purpose. 2. Duration and durability. This special power of attorney shall be effective until the purpose stated in paragraph one (1) above has been accomplished and shall thereafter be null and void. This special power of attorney shall not be affected by disability of the principal. 3. Copes. My said attorney in fact shall have authority to make copies of this Power of Attorney and to certify and deliver the same to any person, corporation, partnership, bank, association or government agency requiring the same. All persons and other entities accepting a copy hereof, so certified, shall be as completely protected as if the original of this instrument had been delivered to them or it. A---- IN WITNESS WHEREOF, I have hereunto set my hand and seal on this ,_day of May, 2009. ? -?") i jd, 0 X ? R A. SE OVER, ADMINISTRATRIX Signed, sealed and delivered in the presence of C/ I JA Wi ss (SEAL) Witness COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN :ss On this, the r--day of May, 2008, before me, the undersigned officer, personally appeared ROBYN A. SEALOVER, ADMINISTRATRIX, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my han4jand official seal. Public My commission expires October 11, 2008. NOTARIAL SEAL tW L EBRIGHT Notary PubMc MOM" BOROUGH, MIFFLIN COUNTY My Commision B pkw Oct 11, 2000 ACKNOWLEDGMENT OF ATTORNEY I, LUTHER E. MMSPAW. Jr., Esquire, have read the attached special power of attorney and am the person identified as the Attorney in fact and Agent for the principal. I hereby acknowledge that in the absence of a specific provision to the contrary in the power of attorney when I act as Attorney in fact and Agent: I shall exercise the powers for the benefit of the principal only as specified. I shall keep a full and accurate record of all actiops ti ken behalf of the principal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN :ss J On this JV, day of May, 2008, before me, a Notary Public, the undersigned officer, personally appeared LUTHER E. MILSPAW, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed as Attorney and/or Agent to the foregoing Special Power of Attorney, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set myt4and and official Public NOTARIAL SEA! 1ARA L EBRIG14T Notary KdAc LEWWOWN BOROUGH, MFFtRV COUNTY My Commkoion Expires Oct 11, 2008 VERIFICATION I, Robyn A. Sealover, individually and as Administratrix of the Estate of Dennis A. Sealover hereby verify that the statements made in the foregoing are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Robyn . Glover, in ividually and as Administratrix of the Estate of Dennis A. Sealover Dated: 2 Z?& , 2008 SEALOVER HOMES, INC. Plaintiff VS. ROBYN A. SEALOVER, an individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW Docket No. 08-3793 CERTIFICATE OF SERVICE AND NOW, this 16' day of July 2008, I hereby certify that I served the foregoing Answers to Plaintiff's Complaint With New Matter by depositing the same in the U.S. mail, postage pre-paid, as follows: Richard C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 C) , .'' -t't rr3 f 9 r? ? y "? Luther E. Milspaw, Jr., Esquire Attorney ID No. PA 19226 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-03141 FAX (717) 236-0791 Email: Luthermilspaw(clmilspawlawfinn.com SEALOVER HOMES, INC. VS. Plaintiff ROBYN A. SEALOVER, an individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased Defendants Attorney for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW Docket No. 08-3793 AMENDED PETITION FOR ORDER REMOVING RICHARD C. SNELBAKER, ESQUIRE AS ATTORNEY FOR PLAINTIFF AND NOW come, ROBYN A. SEALOVER, an individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased, by and through their attorney, Luther E. Milspaw, Jr., Esquire and file this Petition for Order Removing Richard C. Snelbaker, Esquire, as Attorney for Plaintiff, as follows: 1. Plaintiff commenced this Replevin Action on or about June 25, 2008. 2. Plaintiff is a corporation of which the late Dennis A. Sealover was a shareholder, director, officer, and employee. Defendant Estate of Dennis A. Sealover 1 succeeded to the deceased interest as shareholder. 3. Richard C. Snelbaker, Esquire, is the attorney for Plaintiff in this Replevin Action. On information and belief, Mr. Snelbaker has been attorney for the corporation for many if not all the years while the deceased was a shareholder, director, officer, and employee of the Plaintiff. During the same period, Mr. Snelbaker also represented and advised other entities in which the deceased had an interest, among them a partnership known as The Sealover Group, and the deceased individually, and each of the other individual shareholders, Vernon Sealover and Jeffrey Sealover, in a variety of matters. Mr. Snelbaker continues to represent and advise such entities and each of the other individual shareholders in a variety of matters, including this action and an action filed in Cumberland County concurrently with this action, on behalf of Jeffrey Sealover against Defendant Robyn Sealover as Administratrix of the Estate of Dennis A. Sealover, captioned to Docket No. 08-3791. 4. The representation of the Plaintiff in this action constitutes a concurrent conflict of interest under Rule 1.7 of the Pennsylvania Rules of Professional Conduct. 5. Defendants have not given consent to Mr. Snelbaker to represent the Plaintiff in this matter. Further, it is anticipated that Mr. Snelbaker will be a fact witness in this action. 6. The Defendants are and will be severely prejudiced by the representation of Plaintiff by Mr. Snelbaker. 2 7. Defendant sought the concurrence of Mr. Snelbaker in this Petition and Mr. Snelbaker did not concur. 8. No judge has ruled upon any other issue in this case, but Judge M.L. Ebert, Jr. has scheduled a hearing in this case for August 22, 2008 on a Motion for Writ of Seizure. WHEREFORE, Defendants, ROBYN A. SEALOVER, an individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased, respectfully request that an Order be entered removing Mr. Snelbaker as attorney for the Plaintiff, together with such other relief as is just. IT spe tfully sub ted, IL PA r. Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Defendants Dated: July 22, 2008 3 VERIFICATION I, Robyn A. Sealover, individually and as Administratrix of the Estate of Dennis A. Sealover hereby verify that the statements made in the foregoing are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Rob A. ealover, individually and as Administratrix of the Estate of Dennis A. Sealover Dated: 7 / , 2008 R SEALOVER HOMES, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA CIVIL ACTION - LAW vs. ROBYN A. SEALOVER, an individual, Docket No. 08-3793 and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased : Defendants CERTIFICATE OF SERVICE AND NOW, this 22°d day of July 2008, I hereby certify that I served the foregoing Petition for Order Removing Richard C. Snelbaker, Esquire, as Attorney for Plaintiff by depositing the same in the U.S. mail, postage pre-paid, as follows: Richard C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 5 r-?? :) '% 3 `T? 7"? ._ ? ?'??: .. ? ??' `7 ?? ..,. ,.) w..f 'F-ad' ., ?R SEALOVER HOMES, INC., PLAINTIFF V. ROBYN A. SEALOVER, an individual, and ROBYN A. SEALOVER, Administratrix of the Estate Of Denis A. Sealover, Deceased DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3793 CIVIL ORDER OF COURT AND NOW, this 25th day of July, 2008, upon consideration of the Defendants' Petition for Order Removing Richard C. Snelbaker, Esquire, as Attorney for Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff and Attorney Snelbaker to show cause why the relief requested should not be granted; 2. The Parties will file an answer on or before August 14, 2008; 3. The Prothonotary is directed to forward said Answer to this Court 4. The matter will be addressed at the hearing previously scheduled for Friday, August 22, 2008, at 3:00 p.m. By the Court, M. L. Ebert, Jr., J. chard Snelbaker, Esquire Attorney for Plaintiff uther E. Milspaw, Jr., Esquire Attorney for Defendants bas O-N I 1 .1! wv szinc aw 1 0416 No: 08-3793 IN REPLEVIN REPLY TO NEW MATTER AND NOW, comes Plaintiff, Sealover Homes, Inc., by its attorneys, Snelbaker & SEALOVER HOMES, INC. VS. IN THE COURT OF. COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW ROBYN A. SEALOVER, an Individual, and ROBYN A. SEALOVER, as Administratrix of the Estate of Dennis A. Sealover, Deceased Defendants Brenneman, P.C., and responds to Defendants' New Matter as follows: 17. No response is required to paragraph 17; however, Plaintiff incorporates herein all of its averments contained in paragraphs 1 through 16 of its Complaint. 18. The content of paragraph 18 of Defendants' New Matter is impertinent and irrelevant and, therefore, should be disregarded and stricken. Alternatively, it is denied that Richard C. Snelbaker, Esquire, was ever a shareholder. The remainder of the contents of paragraph 18 are admitted to the extent they are relevant. 19. The content of paragraph 19 of Defendants' New Matter is impertinent and irrelevant and, therefore, should be disregarded and stricken. Alternatively, no response to the conclusions of law in paragraph 19 are required and the same are deemed to be denied pursuant to Pa. R.C.P. 1029(d). The facts contained in said paragraph 19 relating to the alleged demand and LAW OFFICES SNELBAKER & BRENNEMAN, P.C. absence of response are admitted. I 20. Paragraph 20 of the New Matter is a conclusion of law to which no response is required and the statement is deemed to be denied pursuant to Pa. R.C.P. 1029(d). 21. Paragraph 21 of the New Matter is a conclusion of law to which no response is required and the statement is deemed to be denied pursuant to Pa. R.C.P. 1029(d). 22. Paragraph 22 of the New Matter is a conclusion of law to which no response is required and the statement is deemed to be denied pursuant to Pa. R.C.P. 1029(d). WHEREFORE, Plaintiff requests the judgment and relief as set forth in its Complaint, which are incorporated herein by reference thereto. SNELBAKER & BRENNEMAN, P.C. By ?9 444,,.. c'Rich-ail-C. Snelbaker, Esquire Attorney I.D. # 06355 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Dated: Aug. 4 , 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 2 VERIFICATION I, VERNON R. SEALOVER, do hereby certify that I am the President of Sealover Homes, Inc., the Plaintiff in the foregoing Reply to New Matter, that the facts in the foregoing Reply within my personal knowledge are true and correct and that with regard to facts received from others, I believe to be true and correct. I understand that any false statements made herein are subject to the penalties of 18 PA C.S. §4904 relating to unworn falsification to authorities. Vernon R. Sealover Dated: August 4 , 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document (Reply to New Matter) upon the person and in the manner indicated below: Service by First Class Mail, Postage Paid, Addressed as Follows: Luther E. Milspaw, Jr., Esquire 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (Attorney for Defendants) -4 - -z' chard C. Snelbaker, Esquire (Attorney I.D. No: 06355) 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (Attorneys for Plaintiff) Dated: August 4 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CO r - SEALOVER HOMES, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION -LAW ROBYN A. SEALOVER, an Individual, and ROBYN A. SEALOVER, No: 08-3793 CIVIL Administratrix of the Estate of Dennis A. Sealover, Deceased Defendants ANSWER OF RICHARD C. SNELBAKER TO RULE TO SHOW CAUSE TO: HONORABLE M. L. EBERT, JR. AND NOW, comes Richard C. Snelbaker, Esquire, ("Respondent"), and responds to this Court's Order of July 25, 2008, with respect to Defendants' Amended Petition for Order Removing Richard C. Snelbaker, Esquire, as Attorney for Plaintiff as follows (the following responses are to the numbered paragraphs of said Amended Petition): Admitted. By way of further answer, it is averred on information and belief that the commencement of this replevin action occurred only after Plaintiff's amicable attempts to recover the subject property had failed. 2. On information and belief, it is admitted that Dennis A. Sealover was a shareholder, director and officer of the Plaintiff corporation, but it is denied that he was an employee. On the contrary, again on information and belief, it is averred that Dennis A. Sealover performed serviced for the corporation as a self-employed independent contractor. The content of the second sentence is a conclusion of law to which no response is required and, LAW::I:EB I I therefore, is deemed to be denied. SNELIB R' 81 BRENNEMAN, P.C. 3. It is admitted that Respondent is the attorney for the Plaintiff in the instant action. It is admitted that Respondent represented the Plaintiff corporation in the past. It is further admitted that Respondent represented Sealover Group in various incidental matters, but it is denied that he represented said entity in its formation or in any internal matters among the partners. It is admitted that Respondent represents Jeffrey D. Sealover in a proceeding docketed in this Court to No. 08-3791. Except for the last recited matter, Respondent has not represented Jeffrey D. Sealover. It is admitted that Respondent has represented Vernon R. Sealover in various matters over several years. It is denied that Respondent represented Dennis A. Sealover individually in any matter. It is further denied that Respondent represented any of the persons or entities cited in the Petition in any matters in which they were in opposition or conflict between and among them. Finally, it is denied that Respondent has represented either Defendant. 4. Denied. The Petition fails to set forth any facts or circumstances which indicate LAW OFFICES SNELEAKER & BRENNEMAN, P.C. that Respondent's representation of the Plaintiff herein will be directly adverse to any other client nor does it state facts which indicate that his representation of any of the persons or entities cited in the Petition pose significant risks that his representation will be materially limited by his responsibilities to another client, a former client or a third person or by any personal interest. Moreover, Respondent reasonably believes that he will be able to provide competent and diligent representation to each affected client, that his representation is not prohibited by law, and that his representation does not involve the assertion of a claim by one client against another client in this litigation or other proceedings before a tribunal. Therefore, it is denied that any concurrent conflict of interest exists under Rule 1.7 of the Pennsylvania Rules of Professional Conduct. 2 5. It is admitted that Defendants have not consented to Respondent's representation of Plaintiff in this matter. For the reasons set forth in paragraph 4 hereinabove, there is no reason for any such consent since no concurrent conflict of interest exists. It is denied that Respondent will be a fact witness in this action inasmuch as he has not been interviewed by anyone on behalf of Defendants, nor has he been deposed or served with a subpoena to testify. 6. It is denied that Defendants will be prejudiced to any degree by Respondent's representation of Plaintiff because of any averments contained in this Petition. 7. Admitted. 8. Admitted. WHEREFORE, Respondent respectfully requests your Honorable Court to dismiss the Petition, vacate the rule to show cause, and award to him as costs the reasonable value of his professional time expended in responding to the Petition and Rule and for appearance at the hearing to be held thereon pursuant to 42 Pa. C.S. §2503(a). SNELBAKER & BRENNEMAN, P.C. By: chard C. Snelbaker Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 3 VERIFICATION I, Richard C. Snelbaker, Esquire, do hereby certify that I am the Respondent in the foregoing Answer of Richard C. Snelbaker to Rule to Show Cause, that the facts in the foregoing Answer within my personal knowledge are true and correct and that with regard to facts received from others, I believe to be true and correct. I understand that any false statements made herein are subject to the penalties of 18 PA C.S. §4904 relating to unsworn falsification to authorities. --444z??? Richard C. Snelbaker Dated: August /?e , 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Answer of Plaintiff to Rule to Show Cause upon the person and in the manner indicated below: Service b First Class Mail Posta a Paid Addressed as Follows: Luther E. Milspaw, Jr., Esquire 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (Attorney for Defendants) Richard C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 Dated: August /'/ , 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.G. N C. _ o Q n C= G !'iI r C co f1i SEALOVER HOMES, INC. Plaintiff, VS. ROBYN A. SEALOVER, an Individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No: 08-3793 CIVIL ANSWER OF PLAINTIFF TO RULE TO SHOW CAUSE TO: HONORABLE M. L. EBERT, JR. AND NOW, comes Sealover Homes, Inc. ("Respondent"), by its attorneys, Snelbaker & Brenneman, P.C., and responds to this Court's Order of July 25, 2008, with respect to Defendants' Amended Petition for Order Removing Richard C Snelbaker, Esquire, as Attorney for Plaintiff as follows (the following responses are to the numbered paragraphs of said Amended Petition): 1. Admitted. By way of further answer, it is averred, that the commencement of this replevin action occurred only after Plaintiff's amicable attempts to recover the subject property had failed. 2. It is admitted that Dennis A. Sealover was a shareholder, director and officer of the Plaintiff corporation. It is denied that Dennis A. Sealover was an employee of said corporation. On the contrary, it is averred that Dennis A. Sealover performed services for the corporation as a self-employed independent contractor.. The content of the second sentence is LAW OFFICES a conclusion of law to which no response is required and, therefore, is deemed to be denied. SNELBAKER 8C BRENNEMAN, P.C. 3. It is admitted that Richard C. Snelbaker, Esquire, is the attorney for the Plaintiff in the instant action. It is admitted that Mr. Snelbaker represented the Plaintiff corporation in the past. It is further admitted that Mr. Snelbaker represented Sealover Group in various incidental matters, but it is denied that he represented said entity in its formation or in any internal matters among the partners. It is admitted that Mr. Snelbaker represents Jeffrey D. Sealover in a proceeding docketed in this Court to No. 08-3791. Except for the last recited matter, to the best of Respondent's knowledge, Mr. Snelbaker has not represented Jeffrey D. Sealover individually. It is admitted that Mr. Snelbaker has represented Vernon R. Sealover in various matters over several years. To the best of Respondent's knowledge, it is denied that Mr. Snelbaker represented Dennis A. Sealover individually in any matter. To the best of Respondent's knowledge, it is further denied that Mr. Snelbaker represented any of the persons or entities cited in the Petition in any matters in which they were in opposition or conflict between and among them. Finally, it is denied that Mr. Snelbaker has represented either Defendant. 4. The statements in paragraph 4 of the Petition are conclusions of law to which no response is required and, therefore, said statements are deemed to be denied. 5. Based on information and belief, it is admitted that Defendants have not LAW OFFICES SNELSAKER & BRENNEMAN, P.C. consented to Mr. Snelbaker's representation of Plaintiff in this matter. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to Mr. Snelbaker's status as a fact witness; therefore, the averments concerning such subject are deemed to be denied. 6. The statements in paragraph 6 of the Petition are conclusions of law to which no response is required and, therefore, said statements are deemed to be denied. 2 7. On information and belief, the averments in paragraph 7 are admitted. 8. Admitted. WHEREFORE, Respondent respectfully requests your Honorable Court to dismiss the Petition, vacate the rule to show cause, and award to it as costs its attorney's fees and expenses in responding to the Petition and Rule and for appearance at the hearing to be held thereon pursuant to 42 Pa. C.S. §2503(a). SNELBAKER & BRENNEMAN, P.C. By: Richard C. Snelbaker Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN, P.C. VERIFICATION I, VERNON R. SEALOVER, do hereby certify that I am the President of Sealover Homes, Inc., the Plaintiff in the foregoing Answer of Plaintiff to Rule to Show Cause, that the facts in the foregoing Answer within my personal knowledge are true and correct and that with regard to facts received from others, I believe to be true and correct. I understand that any false statements made herein are subject to the penalties of 18 PA C.S. §4904 relating to unsworn falsification to authorities. Vernon R. Sealover Dated: August /- , 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Answer of Plaintiff to Rule to Show Cause upon the person and in the manner indicated below: Service by First Class Mail, Postage Paid, Addressed as Follows: Luther E. Milspaw, Jr., Esquire 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (Attorney for Defendants) Richard C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 Dated: August /-?c , 2008 LAW OFFICES SNELBAKER & BRENNEMAN. P.C. IA .? c3z • r-. SEALOVER HOMES, INC., PLAINTIFF V. ROBYN A. SEALOVER, an Individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3793 CIVIL ORDER OF COURT AND NOW, this 22nd day of August, 2008, upon consideration of the Defendant's Amended Petition for Order Removing Richard Snelbaker, Esquire, as Attorney for the Plaintiff, and after status conference in the case, IT IS HEREBY ORDERED AND DIRECTED that: 1. Luther E. Milspaw, Jr., Attorney for the Defendants shall be allowed to copy and review all books and records of Sealover Homes, Inc., and the Sealover Group. Attorney Richard Snelbaker shall be provided all books and records of Sealover Homes, Inc., now in the possession of the Defendants. This exchange shall be completed on or before September 15, 2008. 2. On or before September 30, 2008, the Defendants shall file an offer of proof, with the Court, identifying the date, time, and type of representation allegedly provided by Attorney Richard Snelbaker which the Defendants allege establishes a conflict of interest in the current case. This offer of proof shall identify each individual who will testify to establish the existence of the conflict and the nature of their testimony. _ Er. ;d J 4f i tz . 033 i % ri 3. Upon receipt of the offer of proof from the Defendants, Attorney Snelbaker shall provide a written letter response to Attorney Milspaw and the Court for review addressing those matters raised in the offer of proof. Upon review of these materials the Court will determine whether an additional hearing is required to resolve the conflict issue. By the Court, 'k M. L. Ebert, Jr., J. /16ichard Snelbaker, Esquire Keith Brenneman, Esquire Attorneys for Plaintiff Xuther E. Milspaw, Jr., Esquire Attorney for Defendant J bas SEALOVER HOMES, INC., PLAINTIFF V. ROBYN A. SEALOVER, an Individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3793 CIVIL ORDER OF COURT AND NOW, this 22nd day of August, 2008, upon consideration of the Plaintiff's Motion for Writ of Seizure and after status conference, IT IS HEREBY ORDERED AND DIRECTED that a hearing will be held on Tuesday, September 9, 2008, at 3:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., x hard Snelbaker, Esquire Keith Brenneman, Esquire Attorneys for Plaintiff /Ulher E. Milspaw, Jr., Esquire Attorney for Defendant bas J. Ca 6 v pii ?,r. : awJ SEALOVER HOMES, INC., PLAINTIFF V. ROBYN A. SEALOVER, an Individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3793 CIVIL IN RE: MOTION FOR WRIT OF SEIZURE ORDER OF COURT AND NOW, this 9th day of September, 2008, the Plaintiff having advised that the property in question has been restored to the possession of the Plaintiff and they request that the Motion be withdrawn, IT IS HEREBY ORDERED AND DIRECTED that Plaintiff's Motion for Writ of Seizure is deemed WITHDRAWN and the hearing scheduled for this date is cancelled. By the Court, /Richard Snelbaker, Esquire Keith Brenneman, Esquire Attorneys for Plaintiff Z. Luther E. Milspaw, Jr., Esquire Attorney for Defendant bas M. L. Ebert, Jr., J. !t _ Luther E. Milspaw, Jr., Esquire Attorney ID No. PA 19226 130 State Street, P.O. Box 946 Attorney for Defendants Harrisburg, PA 17108-0946 (717) 236-3141 FAX (717) 236-0791 Email: Luthermilsnaw(a),milspawlawfirm.com SEALOVER HOMES, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA CIVIL ACTION - LAW VS. ROBYN A. SEALOVER, an individual, Docket No. 08-3793 and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased Defendants WITHDRAW OF AMENDED PETITION Defendants, ROBYN A. SEALOVER, an individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased, by and through their attorney, Luther E. Milspaw, Jr., Esquire hereby withdraw their Amended Petition for Order Removing Richard C. Snelbaker, Esquire, as Attorney for Plaintiff. Dated: September 30, 2008 s tted, LL PA r Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Defendants 1 1 SEALOVER HOMES, INC. Plaintiff VS. ROBYN A. SEALOVER, an individual, and ROBYN A. SEALOVER, Administratrix of the Estate of Dennis A. Sealover, Deceased Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW Docket No. 08-3793 CERTIFICATE OF SERVICE AND NOW, this 30`' day of September 2008, I hereby certify that I served the foregoing Withdraw of Amended Petition via facsimile and by depositing the same in the U.S. mail, postage pre-paid, as follows: The Honorable M. L. Ebert, Jr. Court of Common Pleas of Cumberland County One Courthouse Square Carlisle, PA 17013-3387 Richard C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 2 '`