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HomeMy WebLinkAbout10-7218 `? rv C) SHERIFF'S OFFICE OF CUMBERLAND COUNTY - § 0 Ronny R Anderson , - C") Sheriff r , r ?T Jody S Smith . r- , Chief Deputy Richard W Stewart , w rzo C-) Solicitor "' N Joyce Trayer vs. Eugene M. Burd Case Number 2010-7218 SHERIFF'S RETURN OF SERVICE 11/22/2010 05:32 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on November 22, 2010 at 1732 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Eugene M. Burd, by making known unto himself personally, at 21 Pine Hill Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 November 23, 2010 DENN FRY, DE TY SO ANSWERS, RON Y R ANDERSON, SHERIFF jc; GountySuite Shenft, Teleosoft. Inc. F.`,F1LES\C1ien1s'%.14165 Burd\14165.1 ans ?+.. C -11 Christopher E. Rice, Esquire MW z-- Attorney I.D. No. 90916 z rn?=¢ MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER o - MARTSON LAW OFFICES --46 10 East High Street z C - Carlisle, PA 17013 N) (717) 243-3341 Attorneys for Plaintiff JOYCE J. TRAYER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENE M. BURD, V. Defendant :NO. 2010 - 7218 CIVIL TERM ANSWER WITH NEW MATTER AND COUNTERCLAIM TO: JOYCE J. TRAYER and KEITH O. BRENNEMAN, ESQUIRE her attorney YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that both Plaintiff and Defendant are listed on a certain deed as owners of 21 Pine Hill Avenue, but it is denied as the deed speaks for itself. By way of further response, attached is a deed dated November 21, 2007, transferring the interest of Eugene M. Burd to Eugene M. Burd and Joyce Trayer in consideration of $10,000.00 to be paid by Joyce J. Trayer to Eugene M. Burd. In addition, attached hereto is a deed dated June 1, 2009, transferring the property from Eugene M. Burd and Joyce J. Trayer to Eugene M. Burd and Joyce J. Trayer changing the ownership interest to be held as tenants in common. Both deeds are attached hereto as Exhibit "A" and "B", respectively. r BEING, the same premises which Bankers Trust Company of California, N.A., as Trustee for UCFC Loan Trust 1998-A, by its Attorney-in-Fact Integrated Asset Services, Inc by its Deed dated August 10, 2004 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book Volume No. 265. Page 60'5; granted and conveyed unto Eugene M. Burd, the Grantor herein. AND the said GRANTOR will warrant specially the properly herein conveyed. IN WITNESS WHEREOF, said GRANTOR has hereunto set his hand and seal the day and year first above written. Wi COMMONWEALTH OF PENNSYLVANIA) (SEAL} le, -yl*r .1 Euge M. Burd . SS COUNTY OF CUMBERLAND) On this the 2??y day of November, 2007, before me the undersigned officer, personally appeared EUGENE M. BURD, known to me (or satisfactorily proven) to be the persons who name subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public NOVA K am "MUNIMON NeAr? MMo IMYc ,M mis -2- CERTIFICATE OF RESIDENCE I hereby certify that the precise residence of the grantees herein is as follows: P,0VA- `-4i'// /`t"'uG-, ??l.?c?rg ,cKk14A99, %7'015 -67 orney or Agent for Gran COMMONWEALTH OF PENNSYLVANIA) : SS COUNTY OF CUMBERLAND) RECORDED in the Recorder's Office in Deed Book No. , Volume , Page Recorder of Deeds -3. REV•183 EX (606) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU Of INUVIDUAL TAtt/S DEPT. 200600 HARRISBURG, PA 171280603 REALTY TRANSFER TAX STATEMENT OF VALUE See Reverse for RECORDER'S USE ONLY I Complete each section and file in duplicate with Recorder of Deeds when (1) the full valuelcomiderotion is not set forth in the deed, (2) when the deed is without consideration, or by gift, or (3) a tax exemption is chimed. A Statement of Value is not required if the transfer is wholly exempt from tax based on: (1) family relationship or (2) public utility easement. If more space is needed, attach additional sheet)s). A CORRESPONDENT - All inquiries may be directed to the following Person: Nome n _ r- , Telephone Number: Area Cods (W 7 )7 < f- Q Q( I? CSC ` IS TRANSIT DATA Defia om of Doewnest GroMo?Is} go, aa Grantee(s)/Lessee(s) _ _ ? cJ o clt J ehXj r I Addron %1'.e' '/• ?? t ress 2 ids i ?7?,c City N Zip Code !S 13 idti~ics- city Slats 'p CO& fc 'G P, I C3 8,40,0 C PROPERTY LOCATION T a. 2. Check Appropriate Box Below for Exemption Claimed ? Will or intestate succession (Name of Oewdero (Esro» Fib Number) ? Transfer to Industrial Development Agency. ? Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) ? Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.) ? Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation. (If condemnation or in lieu of condemnation, attach copy of resolution.) ? Transfer from mortgagor to o holder of a mortgage in default. Mortgage Book Number , Page Number ? Corrective or confirmatory deed. (Attach complete copy of the prior deed being corroded or confirmed.) ? Statutory corporate consolidation, merger or division. (Attach copy of articles.) Et Othe''r'' (Phas(e?explain exemption claimed, if other than listed above.) X10 !' 2? !z _z .S4 J 9 M f F y' Under psnob6s of ksw, l desoe that I hove exarsshed this Statement, including accompanying bsfonnation, and to the best of my knowledge and belief, it IS true, ca act end complete. or Reeeenel a Party /!/-71/47 LURE TO COMPLETE THIS Ii PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL RECORD THE DEED. E EX MFTION DATA ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200743741 Recorded On 11/21/2007 At 11: 15:46 AM * Instrument Type - DEED Invoice Number - 9294 User ID - MBL * Grantor - BURR, EUGENE M * Grantee - BURR, EUGENE M * Customer - 3 ROBERT STAUFTER * FEES STATE TRANSFER TAX $100.00 STATE WRIT TAR $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CUbIBERLAND VALLEY $50.00 SCHOOL DISTRICT SILVER SPRING TOWNSHIP $50.00 TOTAL PAID $239.50 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER OF D2D - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. OOMOG V L? EXHIBIT "B" 11!(1111(1111 Tax Parcel No. 38-14-0848-033 THIS DEED MADE and entered into this j s,-r day of Z71i0-1-e , 2009, by and between: EUGENE M. BURR, single man and JOYCE J. TRAY*R, single woman, of Silver Spring Township, Cumberland County, Pennsylvania, parties of the first part, hereinafter "Grantors" AND EUGENE M. BURD, single man, and JOYCE J. TRAYER, single woman, of Silver Spring Township, Cumberland County, Pennsylvania, parties of the second part, as tenants in common and not as joint tenants with right of survivorship, hereinafter "Grantees" W ITNESSETH: THAT in consideration of the sum of One and No/100 Dollar ($1.00) in hand paid by Grantees to Grantors, the receipt of which is hereby acknowledged, the said Grantors do hereby grant and convey unto the said Grantees, as tenants in common, their heirs and assigns: ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of a public road fifty (50) feet wide, known as Pine Hill Avenue, at the corner of Lot No. 52 in the Plan of Lots hereinafter mentioned; thence along the line of said Lot No. 52, South 33 degrees 48 minutes East one hundred and fifty (150) feet to a point; thence along other land now or formerly of George W. Walker and Mary Alice Walker, his wife, South 56 degrees 12 minutes West, one hundred (100) feet to a point at the corner of Lot No. 54 in the Plan of Lots hereinafter mentioned; thence along the line of said Lot No. 54, North 33 degrees 48 minutes West, one hundred and fifty (150) feet to a point on the southern line of Pine Hill Avenue, North 56 degrees 12 minutes East, one hundred (100) feet to a point at the comer of Lot No. 52 aforesaid, the place of BEGINNING. BEING Lot No. 53 in the Plan of Lots of White Birch Farms Development, Tract No. 2 as recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Plan Book 16, at Page 10, and now improved by a trailer home. BEING the same premises which Eugene M. Burd, single man, by his deed dated and recorded November 21, 2007 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania as Instrument No. 200743741 granted and conveyed unto Eugene M. Burd and Joyce J. Trayer, Grantors herein. THIS conveyance is exempt from the imposition of realty transfer tax as being a transfer for no or nominal actual consideration which confirms a transfer previously recorded, but which does not extend or limit existing record legal title or interest pursuant to 72 P.S. § 8102-C.3(4). The said Grantors hereby warrant Specially the property herein conveyed. IN WITNESS WHEREOF, the said Grantors have hereunto set their hands and seals the day and year first above written. Signed, Sealed and Delivered in the Presence of: (SEAL) gene M. Burd ' ?c v (SEAL) Jo e J rayer COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND SS. ON THIS, the day of ?c4 "' 'e . , 2009, the undersigned officer, personally appeared EUGENE M. BURR, single man, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. My Commission Expires: -2- COMMONWEALTH OF PENNSYLVANIA NofatW Seel SUM L Mobli i. Notary PW* Meaheni*brr'D Born. Ctmb ftW 0"* My Commission EVkea Nov 24, 2011 Mambw. Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND SS. ON THIS, the / `? day of ;,Ti?N -Z , 2009, the undersigned officer, personally appeared JOYCE J. TRAYER, single woman, 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 purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. lo? r••,.?,,• ! s •IFA:_?i? OF PENNSYLVANIA ?...: NDIWW SEMI / lab 1, NoWy Pride Skmiiri L IN 2 Medwicis M Boro, CunbedeW C 1114 My Commission Expires: My co nmwmn E)ow Nov. 24, 2019 Y Member, Pennsylvania Association of Notaries I hereby certify that the precise residence and complete post office address of the within named Grantees is as follows: 21 Pine Hill Avenue, Mechanicsburg, PA 17050, Agent for Grantees N.T.S. -3- ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200918057 Recorded On 611/2009 At 12:06:55 PM * Instrument Type - DEED Invoice Number - 44830 User ID - RAK * Grantor- BURR, EUGENE M * Grantee - BURD, EUGENE M * Customer - BRENNEMAN * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CUMBERLAND VALLEY SCHOOL $0.00 DISTRICT SILVER SPRING TOWNSHIP $0.00 TOTAL PAID $48.50 * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA 4 RECORDER O /D7EODS tteo " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. IIIIIIIIYIlIIC IIIII EXHIBIT "C" " ?o 565 12 arc .J , ?VN-OM-633 THIS INDENTURE Made the day of A v V's in the year Two Thousand and four (2004), BETWEEN BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, BY ITS ATTORNEY-IN-FACT INTEGRATED ASSET SERVICES, I?4C., (Grantor) ?, c sa andN?'v z, o m ?n EUGENE M. BURD (Grantee) --3 ? ? ;o C> ° r3 WITNESSETH That the said Grantor for and in consideration of the sum of TWENTY TI?3EIS" ($20,000.00) DOLLARS lawful money of the United States of America, unto it, well and truly p b rrn said Grantee at and before the sealing and delivery of these presents, the receipt whereof W*-:hefi0.V 1 acknowledged, has granted, bargained, sold, aliened, enfeoffed, released and confirmed and by thesji6scats does grant, bargain, sell, align, enfeoff, release and confirm unto the said Grantee, his heirs and assigns ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of a public road fifty (50) feet wide, known as Pine Hill Avenue, at the corner of Lot No. 52 in the Plan of Lots hereinafter mentioned; thence along the line of said Lot No. 52, South 33 degrees 48 minutes East, one hundred and fifty (150) feet to a point; thence along other land now or formerly of George W. Walker and Mary Alice Walker, his wife, South 56 degrees 12 minutes West, one hundred (100) feet to a point at the comer of Lot No. 54 in the Plan of Lots hereinafter mentioned; thence along the line of said Lot No. 54, North 33 degrees 48 minutes West, one hundred and fifty (150) feet to a point on the southern line of Pine Hill Avenue, North 56 degrees 12 minutes East, one hundred (100) feet to a point at the corner of Lot No. 52 aforesaid, the place of beginning. BEING Lot No. 53 in the Plan of Lots of White Birch Farms Development, Tract No. 2, as recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Plan Book 16, at Page 10, and now improved by a trailer home with a permanent foundation. Being Parcel No. 38-14-0848-033 BEING the same premises which R. Thomas Kline, Sheriff of the County of Cumberland, by Deed dated July 21, 2004 and recorded in the Recorder's Office for Cumberland County on July 26, 2004 in Book 264, page 1591 granted and conveyed unto Bankers Trust Company of California, N.A., as Trustee for UCFC Loan Trust 1998-A. TOGETHER with all and singular the buildings, ways, waters, water-courses, driveways, rights, liberties; haeditaments and appurtenances whatsoever thereunto belonging, or in any wise appertaining, and the reversions and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of the said Grantor in law, equity, or otherwise howsoever, of, in, and to the same and every part thereof. Wx 265 PAcE 604 TO HAVE AND TO HOLD the said lot or piece of ground with the appurtenances and hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, his heirs and assigns, to and for the only proper use and behalf the of said Grantee, his heirs and assigns, forever. AND the said Grantor does hereby covenant that it will warrant SPECIALLY the property hereby conveyed. IN WITNESS WHEREOF, the said Grantor has caused these presents to be duly executed on the day and year first above written. Sealed and Delivered the presence of us w STATE OF COLORADO COUNTY OF DENVER SS: BANKERS TRUST COMPANY OF CALIFORNIA, N.A. S TRUSTEE FOR UCFC LOAN TRUST 1998-A, BY ITS ATTORNEY-IN-FACT INTEGRATED ASSET SERVICES, INC. BY: )!?" Kathryn L. Berthiaume, Vice-President ATTEST Joy ver, Assistant Secretary On this, the 10'h day of August, 2004, before me Meaghan E. Robinson the undersigned officer, personally appeared Kathryn L. Berthiaume, who acknowledged himself/herself to be the Vice-President of Integrated Asset Services, Inc, that he/she as such Vice-President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of Integrated Asset Services, Inc. by himself/herself as Vice-President. IN WITNESS WHEREOF, I have hereunto set my hand and official seal ?.?0 A }. ?groV B `?G Meaghan E. Robinson EXPIRES: 8/18/07 eooK 265 PAcr 605 MY NOTICE - THIS DOCUMENT MAY NOT/DOES NOT SELL. CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND NOTICE AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBE OR REFERED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVEIHAVE COMPLETE LEGAL RIGHT OT REMOVE ALL SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BULDING OR OTHER STRUCTURE OMIN SUCH LAND. THE INCLUSION FO THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. [This notice is set forth in the manner provided in Section 1 of the Act of duly 12,1937, P.L. 984, as amended, and is not intended as notice of unrecorded instruments, Vany] WITNESS THE HAND AND SEAL OF THE SAID GRANTOR WITNESS: BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS TRUSTEE FOR UCFC LOAN TRUST 1998-A BY ITS ATTORNEY-IN-FACT INTEGRATED ASSET SERVICES, INC. BY: Kathryn L. Berthiaume, Vice-President NOTICE THE UNDERSIGNED, AS EVIDENCED BY THE SIGNATURE(S) TO THIS NOTICE AND THE ACCEPTANCE AND RECORDING OF THIS DEED, (IS,ARE) FULLY COGNIZANT OF THE FACT THAT THE UNDERSIGNED MAY NOT BE OBTAINING THE RIGHT OF PROTECTION AGAINST SUBSIDENCE, AS TO THE PROPERTY HEREIN CONVEYED, RESULTING FROM COAL MINING OPERATIONS AND THAT THE PURCHASED PROPERTY, HEREIN CONVEYED, MAY BE PROTECTED FROM DAMAGE DUE TO MINE SUBSIDENCE BY A PRIVATE CONTACT WITH THE OWNERS OF THE ECONOMIC INTEREST IN THE COAL. THIS NOTICE IS INSERTED THEREIN TO COMPLY WITH THE BITUMINOUS MINE SUBSIDENCE AND LAND CONSERVATION ACT OF 1%6, AS AN WNDED 1981, OCT. 10, P.L 874, NO. 156, 11. WITNESS: EU M. BURID Fw- 2 65 PACE w6 i ' 11 DEED BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A BY ITS ATTORNEY-IN-FACT, INTEGRATED ASSET SERVICES, INC. TO EUGENE M. BURD Premises: 21 PhwW Avenue Mechanicsburg, PA 17055 The address of the above-named Grantee ?:Cuwberlsnd County 1tKordor of Deeds Iostruwnt filing Receiat8 516732 2W-03W 9/07/2004 v T( Prepared by: Kivitz & Kivitz, P.C. 7901 Oputz Avenue P.O. Box 27368 Phiiade?hia, PA 19118-0308 (215)549-2525 [.F OF THE GRANTEE ???y PA s??,?•r.,?,,.r of Deeds 3 MILLER BURR DEED DEED - VRIT it. DEED - RTT STATE 200, CI RLW VALLEY SILVER SPRING 1HP 100, DEED - A/H 100. •7.C-S. / A.T.J it. . CO IMPRVEIfEtti p FND i0. 0 REC. IMPRWT FUND . 3 Checkl 5828 . 1136 CheckR 5821 . =200 Checks 5822 . $100 Totii Received....... . $436.1 9-* 265 PACE 607 VERIFICATION The foregoing Answer with New Matter and Counterclaim is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Answer with New Matter and Counterclaim was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Keith O. Brenneman, Esquire SNELBAKER & BRENNEMAN, P.C. 44 West Main Street Mechanicsburg, PA 17055 MARTSON LAW OFFICES By: AM) Ma Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 11-2-d/1 ;L w _ 2QIi MY -3 PpI f ? CUMBERLAND j' ?`r["' PENNSyLV'N . Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorney ID #47077 Attorneys for Plaintiff Joyce J. Trayer JOYCE J. TRAYER, Plaintiff V. EUGENE M. BURD, Defendant TO: Eugene M. Burd, Defendant and Christopher E. Rice, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 7218 NOTICE TO PLEAD You are hereby notified that you have twenty (20) days in which to plead to the enclosed New Matter or a Default Judgment may be entered against you. SNELBAKER & BRENNEMAN, P. C. LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 Date: (717) 697-8528 Attorneys for Plaintiff Joyce J. Trayer Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorney ID #47077 Attorneys for Plaintiff Joyce J. Trayer JOYCE J. TRAYER, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. EUGENE M. BURD, NO. 2010 - 7218 Defendant REPLY TO NEW MATTER AND COUNTERCLAIM WITH NEW MATTER Plaintiff Joyce J. Trayer, by her attorneys, Snelbaker & Brenneman, P. C. submits this Reply to New Matter and Counterclaim With New Matter as follows: REPLY TO NEW MATTER 12. Paragraph 12 of Defendant's New Matter should be stricken as improperly requiring a reply to an answer which is not a recognized pleading under the Pennsylvania Rules of Civil Procedure. The allegations of fact set forth in Defendant's Answer are denied in their entirety to the extent they include facts contrary to the averments in Plaintiffs Complaint or facts not contained in Defendant's New Matter not specifically denied in this Reply. 13. Admitted. 14. Denied. It is denied that Defendant transferred one-half interest in the subject Property to LAW OFFICES SNELBAKER & Plaintiff in 2007 in return for a lump sum payment of $10,000.00. On the contrary, the subject Property BRENNEMAN, P.C. was transferred to both Plaintiff and Defendant and there was never any requirement for or mention to Plaintiff that any amounts at any time were to be paid by her. 15. Denied. It is denied that Plaintiff has failed to pay $10,000.00 for the reason that there was never any obligation for Plaintiff to make such a payment to Defendant. By way of further reply, Plaintiff was never asked to make any payment to Defendant in the amount of $10,000.00 or any other amount with respect to the subject Property and there was never any understanding between Plaintiff and Defendant that Defendant was to be paid anything with respect to the transfer of the Property. 16. Denied. It is denied that Defendant has made any specific offer to purchase the Property from Plaintiff. On the contrary, Defendant has made no offer to purchase the Property and only inquired as to whether a payment plan would be acceptable to the Plaintiff so that the Defendant could come up with an offer. WHEREFORE, Plaintiff requests that judgment be entered in her favor and against Defendant in accordance with the demands set forth in the Complaint. REPLY TO COUNTERCLAIM 17. Paragraphs 12 through 16 above of the Reply to New Matter are incorporated by reference herein. 18. Denied. It is denied that Plaintiff at anytime agreed to pay Defendant $10,000.00. The averments of Paragraphs 13 through 16 of Plaintiffs Reply to New Matter are incorporated by reference herein. 19. Admitted, with the qualification that Plaintiff has no obligation to make any payment to Defendant for the reasons set forth in Plaintiffs Reply to New Matter, the averments of which are incorporated by reference herein. WHEREFORE, Plaintiff requests that judgment be entered in her favor and against Defendant in accordance with the demands set forth in the Complaint and that Defendant's Counterclaim be LAW OFFICES SNELBAKER & dismissed with prejudice. BRENNEMAN, F.C. 2 NEW MATTER TO COUNTERCLAIM 20. Defendant's Counterclaim fails to set forth any claim or cause of action upon which relief may be granted. 21. Any claim that Defendant asserts with respect to the payment of consideration related to the transfer of an interest in the Property is barred by the statute of frauds. 22. Defendant's Counterclaim may be barred in whole or in part by the applicable statute of limitations. 23. Defendant's Counterclaim may be barred by the doctrine of estoppel and/or equitable estoppel and/or waiver. 24. Plaintiff at no time agreed to make any payment to Defendant for conveyance of any interest in the subject Property to Plaintiff and Defendant. 25. Defendant has never asked or requested that Plaintiff make payment in any amount to him with respect to the conveyance of interest in the subject Property. WHEREFORE, Plaintiff requests that judgment be entered in her favor and against Defendant in accordance with the demands set forth in the Complaint and that Defendant's Counterclaim be dismissed with prejudice. By: Date: ?1??t 3 .20// LAW OFFICES SNELBAKER & BRENNEMAN,f.C. SNELBAKER & BRENNEMAN, P. C. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Joyce J. Trayer 3 VERIFICATION I verify that the statements made in the foregoing Reply to New Matter and Counterclaim With New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Joy T yer A*7 3, Date: LAW OFFICES SNELBAKER EC BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Reply to New Matter and Counterclaim With New Matter to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Christopher E. Rice, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Plaintiff Joyce J. Trayer Date: A? J'. 201/ LAW OFFICES SNELBAKER & BRENNEMAN, P.C. JOYCE J. TRAYER vs EUGENE M. BURD To the Court: Case No. 2010 —7218 STATEMENT OF INTENTION TO PROCEED Plaintiff Joyce J. Trayer intends to proceed with the above captioned ner. r:';, rn p 2 z--� �C j zsb • J. rater Print Name Keith 0. Brenneman Date: October 8, 2014 Sign Name Attorney for Plaintiff Joyce r IMPORTANT NOTE In the event that this is a second or subsequent filing of a Statement of Intention to Proceed, this matter will be referred to the President Judge for the purpose of conducting a status conference involving all counsel. The goal of the status conference will be to set the matter for trial or other final disposition within a time certain. Prior to the status conference, Counsel will be expected to submit to the court, in writing, a proposed schedule for the completion of discovery, the filing of dispositive motions and a report as to whether alternative dispute resolution has been used or discussed.