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Home My WebLink About04-3903 lAW OFFICES SNELBAKER. BRENNEMAN 8: SPARE MARY ELLEN SNYDER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.2004- 2/103 c;':",\ : CIVIL ACTION - EQUITABLE RELIEF v. DIANNE E. O'DONNELL, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a 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 ajudgment 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 NOTICE TO A LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P. C. By: vf~1e;~ Attorneys for Plaintiff LA W OFFICES SNEl8AKER, 3RENNEMAN & SPARE MARY ELLEN SNYDER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 2004- jq 03 v. DIANNE E. O'DONNELL, Defendant : CIVIL ACTION - EQUITABLE RELIEF COMPLAINT Plaintiff Mary Ellen Snyder, by her attorneys, Snelbaker, Brenneman & Spare, P. c., submits this Complaint and in support thereof avers the following: BACKGROUND. 1, Plaintiff Mary Ellen Snyder is an adult individual residing at 6028 Edward Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Dianne E. O'Donnell is an adult individual residing at 1007 Swathrnore Drive, New Cumberland, Cumberland County, Pennsylvania. 3. Defendant is the legal owner of a certain tract or parcel of land improved by a residential dwelling commonly known as 6028 Edward Drive, located in Hampden Township, Cumberland County, Pennsylvania (hereinafter the "Property"), having obtained title to the Property from her father, E. N. Schrnink, by Deed dated March 2, 2001 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 240, Page 686. 4. The conveyance of the Property by E. N. Schrnink to his daughter, the Defendant, was a gift for which Defendant paid no consideration. 5, E. N. Schrnink became legal owner of the Property by Deed given by his son, Dennis E. Schmink, dated October 3,1983. LAW OFFICES SNELBAKER 3RENNEMAN 8: SPARE 6. In June 2000, Plaintiff and Dennis E. Schmink, brother of Defendant Dianne E. O'Donnell, commenced a romantic relationship that ultimately lead to Plaintiff and Dennis E. Schmink living together first in Plaintiffs residence in Halifax and then beginning on November 10, 2000 at the Property at 6028 Edward Drive, Mechanicsburg. 7. Dennis E. Schmink was diagnosed with amyotrophic lateral sclerosis ("ALS") in March 2000. 8. Plaintiff took care of Dennis E. Schmink as his physical condition deteriorated due to ALS to the point where Plaintiff assisted him with all daily living activities to the exclusion of her own personal needs. 9. Dennis E. Schmink on numerous occasions advised Plaintiff that she would receive the Property, even though it was titled in his father's name and later in Defendant's name. 10. To ensure that Plaintiff would receive the Property in the event Defendant should die. Defendant in her Will provided that the Property would be given to Plaintiff upon Defendant's death. By so providing in her Will, Defendant was following the wishes of her brother, Dennis E. Schmink, in recognition of the relationship between Plaintiff and Dennis E. Schmink and the care Plaintiff provided him. COUNT I - SPECIFIC PERFORMANCE II. The averments of Paragraph I through 10, inclusive, of this Complaint are incorporated by reference in their entirety herein. 12. Dennis E. Schmink died September 27, 2003. 13. On March 27, 2004, Plaintiff and Defendant entered into a written agreement -2- LAW OFFICES SNELBAKER, BRENNEMAN & SPARE 1\ I whereby Defendant agreed to sell the Property at 6028 Edward Drive, Mechanicsburg to Plaintiff for the price of the transfer and all other taxes collectible on the sale of the house, one month's home owner's insurance and any other fees involved with the sale and transfer. A true and correct copy of the parties' written agreement dated March 27,2004 concerning the sale and transfer of the Property is attached hereto and incorporated by reference herein as "Exhibit A" (the "Agreement"). 14. The parties' written Agreement was consistent with a prior understanding between the parties reached before the death of Dennis E. Schmink whereby Plaintiff would convey the van to Defendant and Defendant would convey the Property to Plaintiff after the death of Dennis E. Schmink. On the same date that the parties entered into the written Agreement, Plaintiff conveyed the van to Defendant. 15. In accordance with the parties' Agreement, the sale and transfer was to take place by the end of April 2004 or before or nearby that date. 16. Defendant has failed and refused to complete the sale and transfer of the Property after having been given sufficient opportunity and a demand by Plaintiff to do so. 17. Defendant, through her attorney, has been provided a Deed to complete the transfer of the Property to Plaintiff and has been advised of Plaintiff being prepared to pay all costs and taxes associated with the sale and transfer of the Property in accordance with the parties' Agreement. 18. Plaintiff has always been and now remains ready, willing and able to comply with all requirements of the parties' Agreement on her part to be kept and performed. -3- LAW OFFICES 3NELBAKER, lRENNE:MAN 8: SPARE II I I 19. All conditions precedent to Plaintiff maintaining this claim and action have been met or complied with. 20. The Property at 6028 Edward Drive, Mechanicsburg is a unique parcel of real estate. 21. Plaintiff is entitled to specific performance of the Agreement as no damages can adequately compensate Plaintiff. WHEREFORE, Plaintiff requests this Court: A. To order Defendant to specifically perform the parties' Agreement and to convey the Property with good and marketable fee simple title by proper recordable deed to Plaintiff upon payment to Defendant of transfer taxes and costs in accordance with the Agreement; B. To enjoin Defendant preliminarily and after hearing, permanently thereafter, from mortgaging or encumbering the Property in any way and from selling or conveying the same or any part or interest in the Property; and C. To grant Plaintiff such other relief that this Court deems just and proper, including, but not limited to monetary damages, attorney's fees and loss of the benefit of the bargain in the event this Court in its discretion finds specific performance is not warranted. -4- W OFFICES IEL8AKER, ENNEMAN SPARE II I COUNT II -UNJUST ENRICHMENT (In the Alternative to Count I) 22. The averments of Paragraph J through 21, inclusive, of this Complaint are incorporated by reference in their entirety herein. 23. On or about the time that Defendant became legal owner of the Property and thereafter, Plaintiff, together with Dennis E. Schrnink, made substantial monetary investments in the Property by remodeling and improving both the exterior and majority of the interior of the residence of the Property. 24. Defendant was aware that Plaintiff and Dennis E. Schrnink were expending their funds to remodel and improve the residence on the Property. 25. Plaintiff has expended $8,359.00 on her own funds to remodel and improve the residence on the Property. 26. Plaintiff's expenditure of her own funds to improve the residence on the Property was not done as a gratuity to the legal owner of the Property but done in anticipation of her receiving the Property as represented to her by both Dennis E. Schrnink and Defendant. 27. The expenditures made by Plaintiff in improving the residence on the Property were fair, reasonable and customary and never objected to by Defendant. 28. In the event Plaintiff does not become the legal owner of the Property, Defendant will have wrongfully secured benefits conferred by Plaintiff's expenditures and improvements to the Property which would be unconscionable for Defendant to retain. 29. Defendant as current legal owner of the Property has been unjustly enriched at the -5- LAW OFFICES >NELBAKER. IRENNEMAN &- SPARE II I expense of Plaintiff in an amount of at least $8,359.00. WHEREFORE, in the alternative to Count I, Plaintiff demands judgment against Defendant in the amount of$8,359.00, together with interest and costs of this action. SNELBAKER, BRENNEMAN & SPARE, P. C. ~4~ BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiff Mary Ellen Snyder Date: August 5, 2004 -6- LAW OffiCES SNELBAKER. BRENNEMAN Be SPARE VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.s. Section 4904 relating to unsworn falsification to authorities. /rI41?'t- &-1'V 4~ Mary Ellen ~nyder Date: August 5, 2004 . ~. ~ . . . ... j .. . . . . . ~ . . . . .~,,~...! ---. "..~-- ~- 27~ '<~~;tlY Y/~LJ'J~"-wdJ. Ad.e..~~ c.k btl20 Ed<<Pf./l!L) ~~t1~ frt,eeC#A-#tcs.JJul!.[J Pit }70.$o ~ ~ cj ~~ 1-o.tL~ ~ ~u 47-- ~ ~ TW9"p,.;e' (;~Qf_I~l(t1f~eu f"~V~ANcr #l1-/1J APY i!{ ~Jl~..~" ~ D'Z-...~ tkt' cl<1;:, o'l"Ut/1- (~) e~~~ f, r9 ,()~t . I::::~O> L kJ'~) ~- f6~ ~;o -)..O-i8'JlCJ - 03 ~ hD)...$ 'i~ Yr. {'I/ecit'j,<.Lrl f>,4 11d/;6 r I ' LII- 133 ~ L.A ~4'k. /0 - 4-"'- /7 {~~ - '///40 ~ ~~ COMM OF FA } COUNTY OF CtU3 18 SW~-r C:CFORE ME ON. :M... 200:1.. if(]~tffff COMMONWEALTH OF PENNSYLVAN;;, NOTARIAl. SEAL GEORGANN e. KEGG. Notaty Public Sliver Spring Twp.. CumI/efI8Ild County My Comn1lss1on expIres Feb. 29. 2008 EXHIBIT A _._._-"-~'."'-'~~ I . ~ ~ - Vi -C C 0(' }-.l ~ ~ ~ .~ Y0~ ~ U'\ CJ;::> -;.; ..') is ~ ~) Q ~, "':;> ~l~i ,c- :>1'. =-T~ IT , ,,--' '-',')< '.._~ '", SHERIFF'S RETURN - REGULAR CASE NO: 2004-03903 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNYDER MARY ELLEN VS O'DONNELL DIANNE E SHANNON K. SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE O'DONNELL DIANNE E was served upon DEFENDANT , at 0016:25 HOURS, on the 16th day of August at 1007 SWARTHMORE ROAD NEW CUMBERLAND, PA 17070 DIANNE O'DONNELL by handing to a true and attested copy of NOTICE COMPLAINT the 2004 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 13.32 .00 10.00 .00 41.32 Sworn and Subscribed to before me this /AA- day of ~f;/1M..Lu _ :LtTO'i A. D. n,w 0. )n1111'_~ '- JL'lI'rothonotary , So Answers: r.c~.~~e R. Thomas Kline 08/17/2004 SNELBAKER, BRENNEMAN & ~ ~~Ah'(Lff By: ORIGINAL REAGER & ADLER, P.C. BY: LINUS E. FENlCLE, ESQUIRE Attorney I.D. No. 20944 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Emai1: LFenicle@ReagerAdlerPC.com Attorneys for Defendant MARY ELLEN SNYDER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 2004-3903 Civil DIANNE E. O'DONNELL, Defendant : CIVIL ACTION - EQUITABLE RELIEF NOTICE TO PLEAD To: Mary Ellen Snyder, Plaintiff C/O Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITH COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAYBE ENTERED AGAINST YOu. Dated: 1/1/fJf ~ us E. Fenicle, Esquire Attorney I.D. No. 20944 2331 Market Street Camp Hill, Pa 17011 (717) 763-1383 Attorneys for Defendant By: REAGER & ADLER, P.C. BY: LINUS E. FENICLE, ESQUIRE Attorney l.D. No. 20944 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: LFenicle@ReagerAdlerPC.com Attorneys for Defendant MARY ELLEN SNYDER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2004-3903 Civil DIANNE E. O'DONNELL, Defendant : CIVIL ACTION - EQUITABLE RELIEF ANSWER AND NEW MATTER WITH COUNTERCLAIM AND NOW COMES Defendant, through her attorneys, REAGER & ADLER, PC, and files the following Answer and New Matter with Counterclaim to Plaintiffs Complaint: \. Admitted. 2. Admitted in part, denied in part. By way of further answer, Defendant lives at 1007 Swarthmore Road, not 1007 Swatlnnore Drive. 3. Admitted. 4. Denied. The deed of March 2,2001, attached hereto and marked Exhibit "A" speaks for itself. The deed indicates that the consideration was $ \. 00. 5. Admitted. 6. Admitted in part, denied in part. It is admitted that at some point in time Plaintiff and Dennis E. Schmink ("Brother" herein) commenced a romantic relationship and resided at 6028 Edward Drive ("Property" herein) with permission from E. N. Schmink ("Father" herein). The remainder of the allegation is denied on the basis that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded, After title to the Property was conveyed from Father to Defendant, Plaintiff and Brother continued to reside at the Property, with permission from Defendant. 7. Admitted. 8. Admitted in part, denied in part. It is admitted that Plaintiff assisted Brother as his physical condition deteriorated, consistent with the care that a reasonable person wouJd provide who lives with another person in that condition, After reasonable investigation, Defendant is without know ledge or infonnation sufficient to form a belief as to the truth thereof regarding the remaining averments in this paragraph of the Complaint. 9. Denied, After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 10. Denied. It is specifically denied that the Property will be given to Plaintiff in Defendants' Will upon Defendant's death. The second sentence is also specifically denied since the Property will not be given to Plaintiff upon Defendant's death. 2 COUNT I SPECIFIC PERFORMANCE II. The responses to Paragraphs I through 10 are incorporated herein by reference in their entirety. 12. Admitted. 13. Denied. It is denied that Plaintiff and Defendant entered into a binding written agreement whereby Defendant "agreed to sell" the Property to Plaintiff. This allegation is further denied on the basis that the document attached to Plaintiffs Complaint as Exhibit "A" speaks for itself. By way of further answer, the averments set forth in Defendant's New Matter are incorporated herein by reference in their entirety. 14, Denied. It is specifically denied that there was any understanding between Plaintiff and Defendant reached before the death of Brother whereby Plaintiff would convey the van to Defendant and Defendant would convey the Property to Plaintiff after the death of Brother. It is specifically denied that the document attached as Exhibit "A" to Plaintiff s Complaint is a binding written agreement whereby Defendant was to convey the Property to Plaintiff. The van was not conveyed to Defendant but rather was sold to a third party. By way of further answer, the averments contained in Defendant's New Matter are incorporated herein by reference in their entirety. 15. Denied. It is specifically denied that the parties entered into a binding written agreement whereby the transfer was to take place by April, 2004. By way of further answer, the averments contained in Defendant's New Matter are incorporated herein by reference in their entirety. 3 16, Admitted in part, denied in part. It is admitted that Defendant has refused to transfer the Property to Plaintiff. It is averred that Defendant has no obligation to transfer the Property to Plaintiff. By way of further answer, the averments contained in Defendant's New Matter are incorporated herein by reference in their entirety. 17. Admitted in part, denied in part. It is admitted that Plaintiff, through her attorneys, provided a deed to transfer the Property from Defendant to Plaintiff. It is denied that Defendant has any obligation to transfer the Property to Plaintiff. By way of further answer, the averments contained in Defendant's New Matter are incorporated herein by reference in their entirety. 18. Denied. This allegation is denied on the basis that Defendant is without knowledge or information sufficient to form a belief or the truth thereof and proof is demanded. The allegation is further denied on the basis that it is a legal conclusion to which no response is required. 19. Denied. This is a legal conclusion to which no response is required. 20. Denied. It is specifically denied that the property at 6028 Edward Drive, Mechanicsburg, is a unique parcel of real estate and proof is demanded. 21. Denied. This is a legal conclusion to which no response is required. WHEREFORE, Defendant requests that Plaintiff's Complaint be dismissed. COUNT II UNJUST ENRICHMENT 22. The responses to Paragraph 1 through 21 are incorporated herein by reference in their entirety. 4 23. Admitted in part, denied in part. It is admitted that Brother made repairs to the property to include new windows, siding, chimney repair, driveway repair, and addition of a back porch Sonx of these repairs were needed to have the honx owners' insurance renewed and because of Brother's disability. 24. Admitted in part, denied in part. It is admitted that Defendant was aware that repairs were being made, It is specifically denied that Defendant was aware as to whose funds were being used to make repairs. 25. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 26. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded, 27. Admitted in part, denied in part. It is admitted that Defendant did not object to any of the repairs. The remainder of the allegation is denied on the basis that Defendant is without know ledge or information sufficient to form a belief as to the truth thereof and proof is demanded, 28. Denied. This is a legaJ conclusion to which no response is required. Furthermore, it is averred that during the time Plaintiff has resided in said Property, there was no rent paid by Plaintiff. 29, Denied, This is a IegaJ conclusion to which no response is required. WHEREFORE, Defendant requests that Count II of Plaintiff's Complaint be dismissed and judgment entered for Defendant. 5 NEW MATTER Affirmative Defense. Duress 1. Brother purchased a van that was subsequently converted for his disability for use as personal transportation. It was not equipped to be driven by an individual having a disability such as Brother. The van was titled in Plaintiff's name although it was paid for by Brother. Brother paid the registration, inspection and insurance costs and any other costs related to the van from the time of purchase until his death. 2. Because of Brother's degenerative condition, he was not able to drive the van. 3. Prior to Brother's death, Plaintiff and Defendant verbally agreed that upon his death the van would be sold and the money would be given to Brother's family. 4. Defendant did not agree to convey the property to Plaintiff in fee simple. 5, After Brother's death, Plaintiff informed Defendant that Defendant would be responsible for selling the van. 6. Defendant thereafter expended significant expense including advertising, repairing and inspecting the van in preparation for its sale. 7. Upon finding a buyer for the van, Defendant informed Plaintiff and the parties agreed to meet at the American Automobile Association office on Rt. 114, Mechanicsburg on March 27, 2004 to effectuate the sale. 8. On March 27, 2004, Defendant, Plaintiff and the buyer of the van met at the American Automobile Association office, 9. As Plaintiff and Defendant were entering the door at the American Automobile Association office, Plaintiff presented a hand written document to Defendant for signature. 6 10. The handwritten paper, tenned the "Agreement" by Plaintiff, was drafted by Plaintiff and fIrst presented to Defendant at the time set forth above. 11. Plaintiff threatened to not sign the title to the van if the Defendant did not sign the document entitled "Agreement." 12. Because of Plaintiff' s threat and the presence of the buyer for the van, Defendant felt intimidated to sign the document that has been called "the Agreement" by Plaintiff. 13. As a result of the events initiated by Plaintiff on March 27, 2004, the Agreement is invalid because Plaintiff induced Defendant to sign the Agreement by duress. Affirmative Defense - Lack of Mutual Assent 14. The responses set forth in Paragraphs I through 29 of this Answer and Paragraph I through 13 of this New Matter are incorporated herein by reference in their entirety. IS. The "Agreement" is invalid because it was not formed with mutuaJ assent of the parties. Affirmative Defense - Lack of Consideration 16. The responses set forth in Paragraphs 1 through 29 of this Answer and Paragraph 1 through IS of this New Matter are incorporated herein by reference in their entirety. 17. The Property is currently vaJued between $90,000 and $110,000. 18. The provision in the "Agreement" of the "price of transfer and all other taxes collectable on saJe of house and one month of home owner's insurance and any other fees involved" is too vague to be determined with any reasonable certainty. 7 19. Plaintiff, through her attorney, has represented that the "Agreement" provides for $1 consideration. The "Agreement" contains no such provision. 20, The Agreement is not legally enforceable because of lack of consideration. 21. In the alternative, granting the relief requested by Plaintiff in the form of specific performance requiring Defendant to transfer the Property in fee simple to Plaintiff would be unjust and inequitable because Plaintiff would receive real property with a fair market value of $90,000 to $100,000. Affirmative Defense - Statute of Frauds 22. The responses set forth in Paragraphs I through 29 of this Answer and Paragraph 1 through 21 of this New Matter are incorporated herein by reference in their entirety. 23. The "Agreement" fails to satisfy the Statute of Frauds, 33 P.S. ~ 1. COUNTERCLAIM Count I . Ejectment 24. The responses set forth in Paragraphs I through 29 of this Answer and Paragraph I through 23 of this New Matter are incorporated herein by reference in their entirety. 25. Defendant remains the legal owner of the Property pursuant to a deed dated March 2,2001, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 240, Page 686. 26, Plaintiff has not paid any rent for the use of the Property since the death of Brother. 27. Plaintiff has been infonned through counsel for Defendant writing a letter to counsel for Plaintiff to remove herself from the premises. 8 28. Plaintiff has no right to be living at the Property. 29. Plaintiff has been instructed to vacate said Property and refuses to do so. 30. Plaintiff has changed the locks on said house without the consent of the Defendant. 31. There is personal property that belongs to Defendant's family in the property. Count II . Trespass 32. The responses set forth in Paragraphs I through 29 of this Answer and Paragraph I through 30 of this New Matter and Counterclaim are incorporated herein by reference in their entirety. 33. Plaintiff has negligently and recklessly deprived Defendant of the use and enjoyment of her property by continuing to occupy the premises and refusing to vacate. 34. Plaintiff has negligently and recklessly deprived Defendant of the use and enjoyment of her property by changing the locks on the Property without permission of Defendant. 9 Dated: WHEREFORE, Defendant requests this Court: 1. Order Plaintiff to leave the Property and to pay the Defendant monthly rent since the date of Brother's death in the amount of $900.00 per month together with Defendant's costs herein; 2. Order Plaintiff to relinquish all keys matching the locks installed by Plaintiff to allow Defendant access to the Property and to return all personal property; and 3. Order any other relief that is necessary and just. qll( II'f Respectfully submitted, By: ~&ADLER'PC Lm",:pf~ J.D. No. 20944 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 LFenic1e@ReagerAd1erPC.com Attorney for Defendant 10 VERIFICATION I, Dianne E. O'Donnell, verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 9- (). ~t'i QA1AVM r: D:O~ Dianne E. O'Donnell 0D7.s- ~ ,..-,\ ~l'. .," I"~ J_- ~ ' .,' .' '.' ;.,.... \';t"DS --. ,or ,'- of>. \\E(,>', .'CC\,\~i'( - T ...)",,'\:.RU.'\;) .,' ,,~ 1'2. 56 '(\1\'11\\\ 8 ?~ ctndeed.\FORM RECORDA110N REQUESTED BY, Reager & Adler.. pC 2331 Market Strw: Camp Hill, PA 17011 (7l7) 763-1383 WHEN RECORDED MAll, TO, DiBIIl1e E. O'Doll1leIl 1007 Swarthmore Road New Cumberland, PA 17070 TAX PARCEL NO. SEND TAX N01'ICES TO: SPACE ABOVE nns LINE 18 FOR RECORDER'S USE ~NJ..Y " III THIS INDENTURE MADE THE (?' day nf ,2001, BETWEEN E. N. SCHMlNK of Camp H\J1, Cumberland County, PCI1D$y1vania, hereinafter designated as the Grantor , THIS DEED, ?1i~J.. AND DIANNE E. O'DoNNELL of New Cumberland, Cumberlllnd CountY, PellllSylvania, hereinafter designated as the Grantee. WITNESSETH, that the Grantor for and in consideration of One Dollars ($1.00), lawful money of the UllitedStates of AlIiirlcii,totheGfamof in llanli ~mrd1l1J1y pai;t by the <h'lifItee.,at sr ,before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantor being therewith fully satisfied, does by these presents grant, bargain, sell and convey unto the Grantee forever. ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County. Pennsylvania, more particularly bounded and described in accordance with survey of Gemt Betz, dated November 17. 1971. as follows: BEGlNNING at a point on tbe ~uthern side of Edward Drive, which point is at the division line between Lots Nos. 132 and 133 on tbe hereinafter mentioned Plan of Lots and which point is seventy-two and sevcn.ty-two one hundredths (72.72) feet west of Ronald Road; thence south 31 degrees 29 minutes west along said division line, a distance of one hundred seven and six-tenths (107.6) feet to a point at toe division line of Lots Nos. 133 and 152; thence north 50 degtees 32 minutes west along said division line ". '. "".'" I" .... ~<:)C' ..... I. "'2V "lJ.. '000 ctIIdee<l'\FOf\M and beyond a distance of eigbty and five hundredths (80.05) feet to a point at ~e ~V~ding line ~f Lots Nos, 133 and 134 Qll said Plan; thence north 31 degrees 29 minutes east along said dmslon.llIle a distance of one bundred ten and forty-two one-hundredths (110.4-2) feet to a point on the southe~ stde o.f Edward Drive; thence south 58 degrees 31 minutes east along the southern side of Edward Dnvc a dIStance of eightY (80) feet to a point. the place of BEGINNING. BEING Lot No. 133 on a Plan of Noll Acres, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 10, Page 17. HAVING thereon erected a one story frame dwelling house known and numbered as 6028 Edward Dtlve. BEING THE SAME PREMISES which Dennis E. Sclunink, by his deed dated October 3, 1983 and Tel:orded in the Officc of the Recorder of Deeds in and for Cwnberland County, Permsylvania in Deed Book K, Volume 30, Page 344, granted and conveyed unto E. N. Schmink, Grantor herein. This is a conveyance from ~arent to cbild and is, therefore, exempt from realty transfer laxes under the Pennsylvmia Realty Transfer TllJ( Act. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that which a physical. inspection or survey of the premises would reveal. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances lO the same belonging or in anywise appertaining; and thc reversion and reversions, rCllWnder and remainders, rents, Issues and profits thereof, and of e~ry part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession. J7l'operty, claim and demand wbatsoever of the Grantor both in law and in equity, of. in and to the premises herein described and every pan and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with tbe hereditaments and appurtenances unto the Grantee and to the Grantee's ptoper use and benefit forever. UNBER -AND SUBJECT, ;;evel'thGless,- ~o-certaiu- cond;t;ons and rest.ri!;tiQ!!lIof record as aforesaid. - ALSO UNDER AND SUBJF.CT to the payment of a certain mortgage debt or principal sum (as reduCed aforesaid) with interest, as aforesaid, . AND the Grantor covenants that, except as may be herein set forth. he does and will forever s~ally warrant and defend the lands and premises, hereditaments and appurteoances .bereby conveyed, agalllSt the Gran.tor and all other Pel:sons lawfully claiming the same or to claim the same or any part thereof, by, from or under it, them or any Qf them. In all references herein to any panies, persons, entities or corporations, the use of any particular gender 0: ~lu~l or singular number is intended to include the appropriate gender or number as the text of the w1thm mSlru1nent may require, BOO~ 240 r~Gl' 68'1 ctr\d<>ed&\FORM Wherever in this instroment any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the words "heirs, cxecutors administrators, personal or legal representatives, successors and assigns" bad been inserted after each and every sucb designation. IN' WITNESS WHEREOF, the Grantor has hereunto set his hand and seal. Dated the day and year flJ'st above written. Signed, Sealed and Delivered ~~~ g.~~ E.N.SCHMlNK COM:MONWEALTB OF PENNSYL V.ANIA ) : SS. COUNTY OF CUMBERLAND ) BE IT REMEMBERED, that on March;;;.. , 2001, before me me subscriber personally app~ed E. N. SCHMlNK., known to me (or satisfw:torily proven) to be the person whose name is subscribed to the within irlBtrument and acknowledged that b.e executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ..;;;~,;t.':(;i'- .Ai!\ SIJ"'"""K~r~'YP\lblIc I \J.1140AlAl.L k -Ja.:UuJ ;r.'-}/..';' ,....,.r>. ~HHIIlaI'O.CUmbet1andCO_ N~arYPubhc 4. "..(-.;;.'...,~/ ;..~~. .....,. ~-' '.'.'. My CO_lsoiCl'l i>qll.... Mlg.:I5, 200'. . = . ,....... """"'" ~ .. 10 '"-...- -.~.~~......, '~'(J!""',,;9, '';;' .....". ;..~- ~.i'enmytvollla__ "..........'~, -1""" - ~'Oi :~r~l.:,:;~;:~:.::;~;~/~7;'::irf TH OF PENNSYLVANIA ) ~:~~i.it;..~ "fl,~ ,';)ill-t'!..,,'......... ..-~, .. .':" _"", > ~fwJ.~..:I::........~_\:'.~,.~ ._ .' .....~;.-:=,..:~..~ .... ,......-Ij~..- ! SS "J..:!...." ,. 1 ~,..'"'... .. .,. ,...."l!!.~,,,,,I,/~. : I ....~_.(.,.~-..:.''":'~-;;... . "':, ~,..,9~;~ERLAND) '; .':;;.!"i"~"1 0 .,. 'iJ4"'. ','('J,~,(IJ-.,;:." U .., ''''\.'~''(''' .or' . ~ ~ ,.f.oe,- Re~ui the Office,reJ,.the Recorder of Dec:ds, etc., in and for said County, in DeedfRecord Book 0''11) . Page ~ . Witness my Hand and Official: Seallhis <;] day of /llriR ,2001. .........~4?' /./ ~~ ',' ;-- l' '>P'- Recorder ..; (7 - '" IlOllK 240 r~~t 688 , <'l ~ ... i:_~ "" ~ ~ ~ - ~~:::~ ~ ~ <I.l~'" e1........... ~ ... ' ~ ~ <~<l:2 0 0 olJ,jPoo... I:,,) ~ \lI4 ~ or:: <I.l r>l [S.... Z ~ ",'" ... ~ ~ ...... \lI4 .,; =~ i ~ l5 ! I:,,) '" ~ !.S ,-:t.. l:l .. s.~ f1 1:l -IE .. 0 oS- '" ~ ~8. .e ~ ~-a. '0 Ii! .. Q Q .':3 .. u ., .5!l';;i f:l l:l :a !a ~ 8.... ",,,,0 0"''' G):S.s ~E'Cl ~ ~ R ...... .. .._~___n <::l(~ ~ --- ., ~1 ~! ~:A \ \.s V) ~ 'ti f' ~< ~~~ ODu~ 240 fAGt 683 CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the Answer and New Matter with Counterclaim was served on the following individuals via United States First Class Mail, postage prepaid as follows: Keith O. Brenneman, Esquire Law Offices of Sne1baker, Brenneman & Spare 44 W. Main Street Mechanicsburg, PA 17055 Dated: f/fPI( ,-' r-._,) '::', , 8 '-1 ~- cn "1 , '..j -"';1"",'1 :::: ',() -2! :) :r: Cj, -....... LAW OFFICES SNElBAKER BRENNEMAN 8:- SPARE MARY ELLEN SNYDER, Plaintiff v. DIANNE E. O'DONNELL, Defendant TO: Dianne E. O'Donnell and Linus E. Fenicle, Esquire Reager & Adler 2331 Market Street Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-3903 CIVIL TERM CIVIL ACTION - EQUITABLE RELIEF 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. Date: September 27, 2004 SNELBAKER, BRENNEMAN & SPARE, P. C. lj/lawUr-- By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Mary Ellen Snyder MARY ELLEN SNYDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-3903 CIVIL TERM DIANNE E. O'DONNELL, Defendant CIVIL ACTION - EQUITABLE RELIEF PLAINTIFF'S REPLY TO NEW MATTER AND REPLY TO COUNTERCLAIM WITH NEW MATTER Plaintiff, by her attorneys, Snelbaker, Brenneman & Spare, P. C., submits this Reply to New Matter and Reply to Counterclaim with New Matter as follows: REPLY TO NEW MATTER 1. Admitted. 2. Denied. It is denied that Dennis E. Schminck was unable to drive the van; on the contrary, he drove the van until approximately February or March of2002. 3. Admitted in part; denied in part. Although it is admitted that prior to Dennis E. Schmink's death there was a verbal agreement between Plaintiff and Defendant with respect to the van, it is denied that it was agreed that the van would be sold and the money from the sale given to Mr. Schmink's family. On the contrary, the parties agreed prior to Mr. Schmink's death that upon Mr. Schmink's death, Plaintiff would convey the van to Defendant and Defendant would convey the property at 6028 Edward Drive, Mechanicsburg (the "Property") to Plaintiff. It was later asked of Plaintiff to sign the title over to a third party. 4. Denied. It is denied that Defendant never agreed to convey the Property to Plaintiff for the reasons set forth in Plaintiffs Complaint, the averments of which Complaint are LAW OFFICES SNELBAKER. BRENNEMAN & SPARE incorporated by reference herein. 5. Admitted, with the qualification that at some point Defendant was informed she was to be responsible for selling the van if she did not have the van conveyed to her directly by Plaintiff. 6. Denied. After reasonable investigation this party is without sufficient information to form a belief as to the truth of the allegation that Defendant expended any expense, let alone "significant" expense, in preparing the van for sale; therefore, said allegation is denied and strict proof thereof demanded. 7. Admitted. 8. Admitted. 9. Denied. It is denied that any document was presented by Plaintiff to Defendant while entering the door at the American Automobile Association office. On the contrary, the document was presented outside the office, which document is identified as Exhibit A to Plaintiff's Complaint. That document was presented to memorialize the parties' earlier agreement since Plaintiff was about to relinquish her right and interest in the van as earlier agreed to and contemplated by the parties. 10. Admitted. 11. Denied. It is denied that Plaintiff "threatened" not to sign the van title but indicated that the document noting the parties' earlier agreement to convey the Property to Plaintiff would need to be signed in conjunction with Plaintiff conveying the title to the van. 12. Denied. It is denied that there was any threat made by Plaintiff not to sign the title to the van. It is further denied that Defendant could or did feel "intimidated" as alleged for the LAW OFFICES SN ELBAKER BRENNEMAN & SPARE reason that her signing of the document (Exhibit A to Plaintiff's Complaint) simply memorialized -2- the pariies' prior understanding and agreement as it related to the Property. 13. Denied. Paragraph 13 of Defendant's New Matter contains a series of unwarranted conclusions oflaw to which no response is required by this pariy pursuant to Pa.R.C.P. 1029(d); therefore, same is deemed to be denied. To the extent a response is required, it is denied: (a) that the Agreement is invalid; (b) that Plaintiff induced Defendant to sign the Agreement; and (c) that the Agreement was signed by Defendant under or due to duress. On the contrary, there was no duress and Defendant in fact added in her own hand additional terms to the Agreement favorable to her before she signed it. 14. Denied. Paragraph 14 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 and otherwise in violation ofPa.R.C.lP. 1030(a). Plaintiffs Complaint and this Reply to New Matter are incorporated by reference herein. Any allegations contained in Defendant's Answer which are not unqualified admissions are specifically denied. 15. Denied. Paragraph 15 of Defendant's New Matter is denied as containing an unwarranted conclusion of law to which no response is mquired by this party pursuant to Pa.R.C.P. 1029(d); therefore, same is deemed to be denied. To the extent a response is ecessary, the Agreement between Plaintiff and Defendant was formed and based upon mutual ssent. 16. Denied. Paragraph 16 of Defendant's New Matter should be stricken as improperly equiring a reply to an answer, which is not a recognized pleading under the Pennsylvania Rules fCivil Procedure and otherwise in violation ofPa.R.C.P. 1030(a). Plaintiffs Complaint and LAW OFFICES SNELBAKER BRENNEMAN & SPARE his Reply to New Matter are incorporated by reference hl:rein. Any allegations contained in -3- Defendant's Answer which are not unqualified admissions are specifically denied. 17. Denied. After reasonable investigation, this party is without sufficient information to form a belief as to the truth or falsity of the allegations wntained in Paragraph 17 of Defendant's New Matter; therefore, same are denied and strict proof thereof demanded. 18. Denied. Paragraph 18 of Defendant's New Matter is denied as containing an unwarranted conclusion of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d); therefore, same is deemed to be denied. To the extent a response is necessary, Defendant wrote the words "and one month of home owners insurance and any other fees involved" on the Agreement before she signed it and knew very well what that meant. 19. Denied. It is denied that Plaintiff, through her attorney, has represented that the "Agreement" provides for $1.00 consideration. Such an assertion to the contrary by Defendant or her attorney is an intentional misrepresentation. Plaintiffs attorney presented a demand to Defendant through Defendant's attorney to execute and deliver a deed conveying the property clearly noting that the $1.00 consideration noted in the Deed was only part of the consideration and made no reference to the Agreement providing for $1.00 consideration. 20. Denied. Paragraph 20 of Defendant's New Matter is denied as containing an unwarranted conclusion of law to which no response is n:quired by this party pursuant to Pa.R.C.P. 1029(d); therefore, same is deemed to be denied. 21. Denied. Paragraph 21 of Defendant's New Matter is denied as containing an nwarranted conclusion of law to which no response is required by this party pursuant to a.R.c.P. 1029(d); therefore, same is deemed to be denied. LAW OFFICES SNELBAKER BRENNEMAN & SPARE 22. Denied. Paragraph 22 of Defendant's New Matter should be stricken as improperly -4- requiring a reply to an answer, which is not a recognized pleading under the Pennsylvania Rules of Civil Procedure and otherwise in violation ofPa.R.C.P. 1030(a). Plaintiffs Complaint and this Reply to New Matter are incorporated by reference herein. Any allegations contained in Defendant's Answer which are not unqualified admissions are specifically denied. 23. Denied. Paragraph 23 of Defendant's New Matter is denied as containing an unwarranted conclusion oflaw to which no response is required by this party pursuant to Pa.R.C.P. 1029(d); therefore, same is deemed to be denied. REPLY TO COUNTERCLAIM 24. Denied. Paragraph 24 of Defendant's Counte:rclaim should be stricken as improperly requiring a reply to an answer which is not a recognized pleading under the Pennsylvania Rules of Civil Procedure and otherwise in violation ofPa.R.C.iP. 1030(a). Plaintiffs Complaint, Plaintiffs Reply to New Matter and Reply to Counterclaim are incorporated by reference herein. Any allegations contained in Defendant's answer which are not unqualified admissions are specifically denied. 25. Admitted. 26. Admitted with the qualification that no rent is either due or owing Defendant by laintiff. 27. Denied. It is denied that Plaintiff has been informed through counsel for Defendant iting a letter to Plaintiffs counsel that Plaintiff is to remove herself from the premises. On the ontrary, any such demand was made conditioned upon Plaintiffs failure to accept a settlement LAW OFFICES SNELBAKER, BRENNEMAN & SPARE emand tendered by Defendant. -5- 28. Denied. Paragraph 28 of Defendant's Counterclaim is denied as containing an unwarranted conclusion of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d); therefore, same is deemed to be denied. To the extent a response is necessary, Plaintiff has the right to live at the Property as equitable owner of the premises and for the reasons set forth in her Complaint. 29. Denied. The averments of Paragraph 27, above, are incorporated by reference herein. 30. Admitted. 3 I. Admitted. 32. Denied. Paragraph 32 of Defendant's Count<:rclaim should be stricken as improperly requiring a reply to an answer which is not a recognized pleading under the Pennsylvania Rules of Civil Procedure and otherwise in violation ofPa.RC.P. 1030(a). Plaintiff's Complaint, laintift's Reply to New Matter and Reply to Counterclaim are incorporated by reference herein. y allegations contained in Defendant's answer which are not unqualified admissions are pecifically denied. 33. Denied. Paragraph 33 of Defendant's Counterclaim is denied as containing an warranted conclusion of law to which no response is required by this party pursuant to a.RC.P. 1029(d); therefore, same is deemed to be denied. 34. Denied in part; admitted in part. Paragraph 34 of Defendant's Counterclaim is denied containing an unwarranted conclusion of law to which no response is required by this party ursuant to Pa.RC.P. 1029(d); therefore, same is deemed to be denied. It is admitted that LAW OFFICES SNELBAKER. BRENNEMAN 8: SPARE laintiff changed the locks on the Property without permission of Defendant. -6- NEW MATTER 35. Defendant's Counterclaim fails to set forth any claim or claims upon which relief may be granted. 36. Defendant signed the document identified and attached as "Exhibit A" to Plaintiff's Complaint (hereinafter the "Agreement"). 37. Before Defendant signed the Agreement, Defendant inserted and wrote the words "and one month of home owners insurance and any other fees involved" on the Agreement. 38. Defendant inserted and wrote the words noted in Paragraph 37, above, in the Agreement after reading the document. 39. Defendant claims in Paragraph 17 of her Answer that the Property is currently valued between $90,000 and $110,000. 40. Assuming, but not conceding, that the Property has a value as alleged by Defendant, Defendant knowingly and voluntarily agreed to sell and convey the Property having a value in excess of that amount she was going to receive as a result of the sale of the van. 41. The claims raised by Defendant in her Countf:rclaim are barred based upon the octrine of unclean hands. 42. Defendant is estopped from asserting claims for relief due to her actions and naction. 43. In reliance on the parties' Agreement, Plaintiff has continued to pay real estate taxes LAW OFFICES SNElBAKER. BRENNEMAN 8: SPARE d utilities and has maintained and improved the Property both before and after Defendant -7- breached, repudiated and/or failed to perform the Agreement. WHEREFORE, Plaintiff demands that Defendant's Counterclaim be dismissed with prejudice and judgment be entered in Plaintiff's favor, together with interest and costs of this action, in accordance with the demands made in Plaintiffs Complaint. SNELBAKER, BRENNEMAN & SPARE, P. C. (1.1; ll(l~ ate: September 27, 2004 BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiff Mary Ellen Snyder LAW OFFICES SN ELBAKER -8- BRENNEMAN & SPARE LAW OFFICES SNELBAKER BRENNEMAN & SPARE VERIFICATION I verify that the statements made in the foregoing Reply to New Matter, Reply to Counterclaim and 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. ~ ~ A ,~/o./ Mary~ Snyder . ") Date: September 27, 2004 LAW OFFICES SNELBAKER BRENNEMAN & SPARE 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, Reply to Counterclaim and New Matter to be served upon the persons and in the m8ll1ller indicated below: FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Linus E. Fenicle, Esquire Reager & Adler, P. C. 2331 Market Street Camp Hill, PA 17011 SNELBAKER, BRENNEMAN & SPARE, P.C. 01/JtM'L--. Date: September 27, 2004 By: Keith O. Brennem.m, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiff Mary Ellen Snyder -~J (" rr;r,).\ ,:!,~C;;'~" /: L 'U::.:.'~' ~ " , ~?~~; ~~l .-( Q ~ '"" c:::,. c,~ "'- c.i? r<1 -0 '" --' -0 :x o -n -I :r:-q "'F:; :>\9 (~o ;;?. t):n ~'''.. C"") "':~rn (.:J -A '""'... ~ r~) (Jl (.:1 REAGER & ADLER, PC BY: LINUS E. FENICLE, ESQUIRE Attorney LD. No. 20944 2331 Market Street Camp Hill.. PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: LFenicle@ReagerAdlerpc.com Attorney for Defendant MARY ELLEN SNYDER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2004-3903 Civil DIANNE E. O'DONNELL, Defendant : CIVIL ACTION - EQUITABLE RELIEF REPLY TO NEW MATTER AND NOW COMES, Defendant, through her attorneys, REAGER & ADLER, P.c., and replies to Plaintiffs New Matter as follows: 35. Denied. This is a legal conclusion to which no response is required. 36. Admitted in part, denied in part. It is admitted that Defendant signed the document attached as Exhibit "A" to Plaintiffs Complaint. It is specifically denied that said document is an agreement on the basis that whether the document is an agreement is a legal conclusion and no response is required. 37. Admitted in part, denied in part. It is specifical'ly denied that said document attached to Plaintiffs Complaint is an agreement on the basis that whether it is an agreement is a legal conclusion to which no response is required. It is admitted that before Defendant placed her signature on the document, she wrote the words "and one month of homeowners insurance and any other fees involved" on the document. 38. Denied. It is specifically denied that the document is an agreement on the basis that whether it is an agreement is a legal conclusion to which no response is required. It is further denied that Defendant inserted and wrote the words noted in Paragraph 37 on the document after "reading" the document. Defendant signed the document under duress and only after skimming the document. 39. Admitted. 40. Denied. It is specifically denied that Defendant knowingly and voluntarily agreed to sell and convey the property to Plaintiff on the basis that said allegation is a legal conclusion to which no response is required. 41. Denied. This is a legal conclusion to which no response is required. 42. Denied. This is a legal conclusion to which no r<:sponse is required. 43. Denied. This is a legal conclusion to which no response is required. It is admitted that Plaintiff continues to pay the real estate taxes and utilities since Defendant's brother's death. The remainder of the allegation is denied on the basis that after reasonable investigation, Defendant is without knowledge or sufficient information to form a belief as to the truth thereof and proof is demanded. WHEREFORE, Defendant requests that judgment be entered in favor of Defendant pursuant to Defendant's Counterclaim. Dated: / fJ/7-;?~ BY: Respectfully submitted, REAGE & ADLER, PC '~ Linus E. Fenicle, Esquire J.D. No. 20944 2331 Market Street Camp Hill, PA 1701 I (717) 763-1383 Attorney for Defendant VERIFICATION I, Dianne E. O'Donnell, verify that the statements made in the foregoing pleading 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. Section 4904, relating to unsworn falsification to authorities. Date: It~; Iv i/ a~ c, /) 'J~AhL/ 1/ Dianne E. O'Donnell CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Keith Brenneman, Esq. Snelbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, P A 17055 Dated: ~tW Linus E. Fenicle, Esquire J ~ ,.., C.?' :i? ,.-, CJ. -"'I ..,- T-~ -- .- c.::) (,"'::' LAW OFFICES SNELBAKER. BRENNEMAN & SPARE MARY ELLEN SNYDER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. DIANNE E. O'DONNELL, : NO: 2004-3903 CIVIL CIVIL ACTION - EQUITABLE RELIEF Defendant PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES Plaintiff, by her attorneys, Snelbaker, Brenneman & Spare, P.C., submits this Motion to Compel and in support thereof states the following: 1. Plaintiff, Mary Ellen Snyder initiated this action by Complaint filed August 9, 2004 seeking, inter alia, specific performance of a written document whereby Defendant Dianne E. O'Donnell agreed to sell and convey a property to Plaintiff improved with a residence located at 6028 Edward Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania. 2. Plaintiff has averred that the written document signed by Defendant on March 27, 2004 to sell and convey the subject property memorialized an earlier understanding reached by the parties. (See Complaint, Paragraph 14) 3. Plaintiff has further averred that to ensure Plaintiff could receive the subject property, Defendant provided in her Will that Plaintiff would receive the subject property upon Defendant's death. This provision in Defendant's Will was believed to have been accomplished after the understanding was reached and prior to the written memorialization of that understanding on March 27, 2004. (See Complaint, Paragraph 10) 4. On September 29,2004 Plaintiff served a Request for Production of Documents upon Defendant's counsel requesting in Paragraph 8 thereof: 8. Any and all Wills, whether or not in final form and whether or not executed by Defendant, prepared for Defendant or at Defendant's request at any time from January 2000 to present. 5. On October 29,2004 Defendant served on Plaintiffs counsel an Answer to Request for Production of Documents which obtained a response objecting to the request made as identified in Paragraph 4, above on the bases of an unspecified "privilege" and on relevance. A true and correct copy of the aforementioned Answer to Request for Production of Documents (without exhibits) is attached hereto and incorporated by reference herein as "Exhibit A." 6. On September 29,2004, Plaintiff served Plaintiffs First Set of Interrogatories upon Defendant's counsel requesting in Paragraph 9 thereof: 9. Identify, as that word is defined herein, all attorneys with whom you met for estate planning purposes or for purposes of preparing your Will at any time from January 1, 2000 to present. 7. On October 29,2004, Defendant served on Plaintiffs counsel Defendant's Answer to Plaintiffs First Set of Interrogatories. In response to Interrogatory 9, Defendant object to the interrogatory on the basis that it sought irrelevant information and privileged information. A true and correct copy of Defendant's Answer to Interrogatory 9 is attached hereto and incorporated by reference herein as "Exhibit B." 8. Although Defendant admits that she signed the document indicating her sale of the subject property to Plaintiff, the Defendant claims she signed the document because she was "intimidated" and under "duress." (See Answer, Paragraphs 12, 13) 9. The existence of any Will or direction by Plaintiff to prepare a Will providing for LAW OFFICES SNELBAKER. BRENNEMAN & SPARE Plaintiff to receive the subject property is relevant to and consistent with Plaintiff s claim that the March 27,2004 document signed by Defendant memorialized the parties' earlier understanding 2 LAW OFFICES SNELBAKER. BRENNEMAN 8: SPARE concerning the conveyance of the property to Plaintiff and would be contrary to Defendant's claim that she signed the document under duress or through intimidation. 10. The request for information sought by Plaintiff by Paragraph 8 of Plaintiff s Request for Production of Documents and Interrogatory 9 of Plaintiff s Interrogatories Directed to Defendant is reasonably calculated to lead to the discovery of admissible evidence and is not precluded by privilege. 11. Defendant's counsel does not concur in this Motion. WHEREFORE, Plaintiff requests this Court to issue an order compelling Defendant to fully respond without objection to Paragraph 8 of Plaintiffs Request for Production and Paragraph 9 of Plaintiffs Interrogatories Directed to Defendant. SNELBAKER, BRENNEMAN & SPARE, P.C. By: I~ Keith O. Brenneman, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Plaintiff Mary Ellen Snyder November 23, 2004 3 REAGER & ADLER, PC BY: LINUS E. FENICLE, ESQUIRE Attorney I.D. No. 20944 2331 Market Street Camp Hill, P A 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: LFenicle@ReagerAdlerPC.com Attorney for Defendant .MARY ELLEN SNYDER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2004-3903 Civil DIANNE E. O'DONNELL, Defendant : CIVIL ACTION - EQUITABLE RELIEF ANSWER TO REQUEST FOR PRODUCTION OF DOCUMENTS AND NOW COMES, Dianne E. O'Donnell and answers to Plaintiffs First Request for Production of Documents directed to Defendant as follows: 1. Defendant has no statements by any party or any witness pursuant to Pa. R.c.P. 4003.4. 2. There are no such documents, reports, notes, memoranda, summaries and/or records. 3. There are no expert reports. 4. There are no such documents. 5. Defendant does not have the original document identified as Exhibit "A" to EXHIBIT A Plaintiff's Complaint. Defendant has a photocopy with an original signature. 6. See attached. 7. See attached. 8. Defendant claims a privilege and objects on the basis of relevance as to any and all Wills executed by Defendant or prepared for Defendant at Defendant's request at any time from January, 2000 to present. Furthermore, it is objected to on the basis that it will not lead to the discovery of any relevant material. 9. See attached. 10. See attached. 11. All documents are attached hereto. 12. Defendant has not made a determination at this time as to any and all documents Defendant intends to use as an exhibit at the trial of this matter. Defendant will furnish these documents when the Defendant makes that determination. 13. Defendant has no appraisals. Defendant relies on the assessed value as assessed by Cumberland County since that is a fair market value and Defendant's opinion of value. Respectfully submitted, REAGER & ADLER, PC Dated: It?~' BY: -~ L us E. Fenicle, Esquire LD. No. 20944 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorney for Defendant VERIFICATION I, Dianne E. O'Donnell, verify that the statements made in the foregoing pleading 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. Section 4904, relating to unsworn falsification to authorities. Date: II/Jf/P'fo gJ~c.e(~ Dianne E. O'Donnell . 9. Identify, as that word is defined herein, all attorneys with whom you met for estate planning purposes or for purposes of preparing your Will at any time from January 1, 2000 to present. , ANS\VER: This Interrogatory is objected to as seeking irrelevant information and privileged information since it involves the attorney client privilege. 9 EXHIBIT B LAW OFFICES SNELBAKER. BRENNEMAN & SPARE VERIFICATION I verify that the statements made in the foregoing Plaintiff s Motion to Compel Discovery Responses are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. (~ Keith O. Brenneman, Esquire Date: /lJ1"4"~t..1C.. ~31 2p'i LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 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 Plaintiff's Motion to Compel Discovery Responses to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Linus E. Fenicle, Esquire Reager & Adler, P.c. 2331 Market Street Camp Hill, PA 17011 SNELBAKER, BRENNEMAN & SPARE, P.C. By: ll?~ Keith O. Brenneman, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Plaintiff Mary Ellen Snyder Date: ;;,Jlf1hJt/l Z ~ '2-0''1 (") I'-.) 0 c:;::> c: C:,':) " -;.""' ..1;.- 'T1", I Z ~-n 1"1-::'"1,;~ ; 0 -:;:' <:: nlF (/'; N -0 fn :n9 - , W ") ~....~ '::-10 r'" <, -u :,,'. =i-'-l :::r-.:: (. ) ''::'h :-t: ~:~o -;7-rn ~c:': r",) ,-) Z .. -,1 :.? (...) ~ L.J -< MARYELLEN SNYDER: Plaintiff v. DIANNE E. O'DONNELL, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LA VV NO. 04-3903 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of December, 2004, upon consideration of Plaintiffs Motion to Compel Discovery Responses, a discovery conference/hearing is scheduled for Thursday, December 30, 2004, at 3:00 p.m., in chambers of the undersigned judge. J)Ceith O. Brenneman, Esq. 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 Attorney for Plaintiff vLinus E. F enicle, Esq. 2331 Market Street Camp Hill, PA 17011 Attorney for Defendant :rc BY THE COURT, ~ (\ ) J 2:0fc ~l~i \ I, ,\.Lt .irt'~'- . 'r-', " -- ---::"\I!::J 1[; : J j 1,)1 E- JJQ ~aaz It,b\'JC"~"~_;:';J_(:,::d 3[-11 ;,:;f:LfO-C731!,-1 -1:....-, ~\..... AW OFFICES NElBAKER. ~ENNEMAN ~ SPARE II MARY ELLEN SNYDER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. DIANNE E. O'DONNELL, : NO: 2004-3903 CIVIL CIVIL ACTION - EQUITABLE RELIEF Defendant PRAECIPE TO THE PROTHONOTARY: Please index the above-captioned matter as a lis pendens against property which Defendant Dianne E. O'Donnell has legal title, same being know and numbered as 6028 Edward Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania, said property being the subject matter of the above-captioned action and in which Defendant has legal title by Deed dated March 2,2001, recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 240, Page 686. Date: ~V~~ J,J. 7tJlJf SNELBAKER, BRENNEMAN & SPARE, P.C. I~ By: Keith 0, Brenneman, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 Attorneys for Plaintiff Mary Ellen Snyder LAW OFFICES SNEL8AKER. BRENNEMAN 8< SPARE 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 Praecipe to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Linus E. Fenic1e, Esquire Reager & Adler, P.c. 2331 Market Street Camp Hill, P A 17011 SNELBAKER, BRENNEMAN & SPARE, P.C. By: I~ Keith 0, Brenneman, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Plaintiff Mary Ellen Snyder ./ lj 2/)0"1 Date: ;V (Jy~1f- # ~ 0 r-..) , C = 0 = \.\) ? ..r:- .1 ~ ""0 ".>. Z =r:-n n,lT ~ Z(,:I 0 Z(~.Jo < f11 -~ ....... ~ Sf}; N -ofn \ W -U6 l.\ ,-;, 0 <' ::::1, .....:- '-J ~CI .." 6::r:i ~ ~ ~() ::r: ,~;:.o ~ ~ .;r.. e.:- N 25m Z .. -'1 ::2 (...> ~, ~J~ 0 "" v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARY ELLEN SNYDER, Plaintiff DIANNE E. O'DONNELL, Defendant NO. 04-3903 CIVIL TERM IN RE: MOTION TO COMPEL DISCOVERY RESPONSES ORDER OF COURT AND NOW, this 30th day of December, 2004, upon consideration of Plaintiff's Motion To Compel Discovery Responses, and following a discovery conference held in the chambers of the undersigned judge in which Plaintiff was represented by Keith O. Brenneman, Esquire, and Defendant was represented by Linus E. Fenicle, Esquire, the motion is granted to the extent that within 30 days of today's date Defendant shall, through counsel, furnish to Plaintiff's counsel in verified form a copy of that portion of any will in her possession or to which she has access giving any interest In the property located at 6028 Edward Drive, Mechanicsburg, Cumberland County, Pennsylvania, the period within which said will or wills were executed being from January 1, 2000, to March 27, 2004; provided, that nothing herein is intended to affect Defendant's right to object at trial to the relevancy of any such provision. By the Court, w~~~, J, V!NWl,l/!\S'\I;{~d U",~,...,-. "I '.'".. '-'-'''n''"'' ;( PJ{ /(,) .I I :! - ,1'7 ': !_~("::~ '1~ V 90 :/1 HV S- Nvrsaoz iLfVl(){\lC)J-;.LCdd 3Hl :10 ;~Jjj~Ci'-Ojl!.:f . Keith O. Brenneman, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 For the Plaintiff Linus E. Fenicle, Esquire 2331 Market Street Camp Hill, PA 17011 For the Defendant :mae PRAECIPE FOR LISTING CASE FOR TRIAL TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ( ) for JURY trial at the nextterm of civil court (X ) for trial without a jury. --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE ( ) Assumpsit MARY ELLEN SNYDER ( ) Trespass ( ) Trespass (Motor Vehicle) Plaintiff (X ) Equitable Relief Ys. The trial list will be called on DIANNE O'DONNELL, and Defendant Trials commence on Pretrials will be held on (Briefs are due 5 days before pretrials) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel pursuant to local Rule 214-1.) No. 2004-3903 Civil Attorney who will try case for the party who files this praecipe: Keith O. Brenneman, Esquire Trial counsel for other parties ifknown: Linus E. Fenicle, Esquire This case is ready for trial. Signed: Print Name: Keith O. Brenneman Attorney for: Plaintiff V&wn--- Date: February 28, 2005 "~, ~ ". \6 ," ~. .... &:i '. ,. ~n MARY ELLEN SNYDER,: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW DIANNE O'DONNELL, Defendant NO. 04-3903 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of March, 2005, a pretrial conference in the above matter is scheduled for Wednesday, May 4,2005, at 3:00 p.m., in chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memoranda shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five days prior to the pretrial conference. A NONJURY TRIAL in the above matter is scheduled for Thursday, June 2, 2005, at 9:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ! / Keith O. Brenneman, Esq. 44 W. Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff /I > .Anus E. Fenicle, Esq. 2331 Market Street Camp Hill. PA 17011 Attorney for Defendant A . Court Administrator's Office_/lIu"d t:~, U~dl =3j.~,.0 j A-<'./ :rc ". ., Q'1 ,8 lJ,\j ~,- bV\4 ~iJGl .,' ;)..) MARY ELLEN SNYDER, Plaintiff v. DIANNE E. O'DONNELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2004-3903 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of May, 2005, pursuant to an agreement of counsel in the persons of Keith O. Brenneman, Esquire, on behalf of the Plaintiff, and Linus E. Fenicle, Esquire, on behalf of the Defendant, the non-jury trial scheduled in this matter for Thursday, June 2, 2005, is rescheduled for Monday, August 15, 2005, commencing at 9:30 a.m. ~eith O. Brenneman, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 For the Plaintiff ~nus E. Fenicle, Esquire 2331 Market Street Camp Hill, FA 17011-4642 For the Defendant pcb By the Court, /_/1 / .;,.- , -'Jr., J. C(: .{"It, -".,'/ 7j '.u'; , .", ^ 'J'1 ',;.',,'L,;':'.: ,- ;'" " .' ~ ,; jdl :!() , - #1 MARY ELLEN SNYDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DIANNE E. O'DONNELL, Defendant 2004-3903 CIVIL TERM C~ .'0 <.~ ;...;:.) c." PRETRIAL CONFERENCE -!( A pretrial conference in the above-captionect;c was held in the chambers of Judge J. Wesley Oler, Jr., of Plaintiff (0 Wednesday, May 4, 2005. Present on behalf wag Ke'l th -<~ O. Brennemann, Esquire. Present on behalf of Defendant was Linus E. Fenicle, Esquire. This is an action in equity for a specific performance and/or unjust enrichment arising out of an alleged agreement to sell a house, whereby Plaintiff was the purchaser and Defendant was the seller. Defendant has counterclaimed for ejectment. By separate Order of Court trial in this matter has been scheduled for Monday, August 15, 2005, commencing at 9:30 a.m. This wi~l be a nonJury trial of an estimated duration of one day. Issues which may arise at trial include the affect of the Statute of Frauds with respect to the alleged agreement to sell the property. In this regard, counsel are directed to submit to the Court at least five days prior to commencement of trial briefs setting forth their respective positions on this issue and legal arguments in support of their positions. With respect to settlement negotiations, it does not appear to the court that a settlement is likely. By the Court, J. ~ f Keith O. Brenneman, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055 For the Plaintiff Linus E. Fenicle, Esquire 2331 Market Street Camp Hill, PA 17011-4642 For the Defendant Court Admin Prothonotary pcb MARY ELLEN SNYDER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2004-3903 Civil DIANNE E. ODDONNELL, Defendant : CNIL ACTION - EQUITABLE RELIEF PRAECIPE TO THE PROTHONOTARY: Please mark the Counterclaim filed in this matter as withdrawn and discontinued with prejudice. Respectfully submitted, Dated: 1ft/ /1/5 By: REAGER & ADLER, PC ~ L S E. FENICLE, ESQUIRE Attorney J.D. No. 20944 2331 Market Street Camp Hill, P A 17011 (717) 763-1383 Attorneys for Defendant o r; c.-; :::"':;; -< "" c:> => C-r1 C) .1 ....., ::C-n rnf::;:;' -r:i ~:~-:i "r" (') '(', ~._.;:~15 ;'jrn <- r~ N -,') s~: '" c,r; ~ - , LAW OFFICES SNELBAKER & BRENNEMAN, P.C. MARY ELLEN SNYDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2004-3903 CIVIL TERM DIANNE E. O'DONNELL, Defendant CIVIL ACTION - EQUITABLE RELIEF PRAECIPE TO THE PROTHONOTARY: Please strike the Praecipe indexing the above-matter as a lis pendens against property at 6028 Edward Drive, Mechanicsburg, Hampden Township filed November 23, 2004 and mark the above-captioned action settled and discontinued with prejudice on your docket and indices. SNELBAKER & BRENNEMAN, P. C. ~M~ BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiff Mary Ellen Snyder Date: July 21, 2005 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 Praecipe to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Linus E. Fenicle, Esquire Reager & Adler, P. C. 2331 Market Street Camp Hill, PA 17011 SNELBAKER & BRENNEMAN, P.C. i(lf/;t/V--.. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg. P A 17055 (717) 697-8528 Attorneys for Plaintiff Mary Ellen Snyder Date: July 21,2005 LAW OFFICES SNELBAKER & BRENNEMAN, P .C. C2 c, r--' .-;.:;1 C:) en c.._ C 1'- N (:: o -n --1 -r:-r, r11F. .,)U-~ t~:!~) ~l~l~ }::- .~-:. .~- N J~- - MARY ELLEN SNYDER, : Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW DIANNE E. O'DONNELL, : Defendant NO. 04-3903 CIVIL TERM ORDER OF COURT AND NOW, this 220d day of July, 2005, upon consideration of the attached letter from Keith O. Brenneman, Esq., attorney for Plaintiff, the nonjury trial previously scheduled for August 15,2005, is cancelled. BY THE COURT, J.. ~ith O. Brenneman, Esq. 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 ~ Attorney for Plaintiff vtfnus E. Fenicle, Esq. 2331 Market Street Camp Hill, PA 17011 Attorney for Defendant :rc ~ 1,\1,(",'. J'".;.1 '.' ' '-",r.\C\Q s\J :S \\.) }.tJ;i\U,f)'\\!Jd'~~\\~\~\l. ~O ... - -;I"'J',J)f\-G3.1.:1 .:...1 ...~,,^. "7.. -.-,\~ c"nl 6' t'.\ ;)u\I '.> SNELBAKER &J BRENNEMi\N, P.c. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG. PENNSYLVANII, 17055 RICHARD C. SNELBAICER KElTH O. BRENNEMAN 717-697-8528 P. O. BOX 318 FACSIMILE (717) 697 -76BI July 21, 2005 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 Re: Mary Ellen Snyder v. Di<lnnc E. O'Dolmell No. 2004-3903 C.c.P., Cumberland County, Pennsylvania Dear Judge Oler: Your calendar will reflect that the above case is scheduled for a non-jury trial before you on Monday, August 15, 2005. I write to advise you that the above case has been settled and Praecipes settling and discontinuing both the Plaintiff's claims and the Defendant's counterclaims were filed with the Prothonotary on July 21, 2005. Yours truly, I/hwL-- Keith O. Brenneman KOB/sm CC. Linu, E. Feni.:"', ESquire V(j/. .? .? <'OoS