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HomeMy WebLinkAbout05-1894l.?/}iLy .1 r?nirJO. r 9 i? rt ,44L 45- Z 5-5 hd <: L,,L2? C>/F !°/c.C'.9fJ t _,prLL?SL-! yid : j i'/-j ?ip? 31i-k rOt ( 7/7- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ? / C w1 A/Ly 5 > ?/a NnJc+rViL, No. OS - «`?'/ ?I,??- t u 1! y`/?? r /?,+ ty?C, CIVIL ACTION Lc/AL 7<? if t'yJ NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (20) days after this Complaint and notice are served by entering a written appearance personally or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned J that if you fail to do so, the case may proceed without you and al judgment may be entered against you by the Court without- further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE,, CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717)249-3166 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. MIDPENN LEGAL SERVICES // // 8 IRVINE ROW CARLISLE, PA 17013 TELEPHONE: (800)822-5288 NOTICIA Le han demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la Corte en forma escrita sus defensas o sus objeciones a las demandas en contra suya. Se ha avisado que si usted no se defienda, la corte tomara medidas y puede entrar una order contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO O PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENiTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717)249-3166 ,Lr.a,/)k,JT L CI5i-L',?L4 /?-CIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. OS- 1?t?1 Ltua???clL? -Jy'/-?,z rrtr+,?K.?z'?ti'?'J CIVIL ACTION '7j 0c V'c T-y Not-2 /? Al , e- /)r w"'),i, Trl /i , 7,5 i, L COMPLAINT i 1• The Plaintiff, (J/- 174 '-j 1 / / ??/7.?53 /??S /71'1'/ C?Cb?/T/hl ?/£ S , c? /.l ?i S JAS W/Ic%t c_'c 5 614) /Z.. o lq 0 ' .9, u l /s C ? pi4 l70/3 , %/f,a-r )01-,4;/xI T FF 135 ,)a,40C r / ' ?'2 0L'rG-rf U-! PIZ-v ??L rt- r )/ 7/-11/ r, > ?/?77,YGt? fl,?rh,?.n?rii} T-v 5-11/4 T_ '5iN6"E. THrt clat t,-i,vl? r ;-/,E ALI14C.% r-y ?- i' / :i 7E/LZ- -7-,q 7-rt- 1 rl qc.f , ff r? ??-,9 irl ro S ) l C/r KI /l./z ? % ?2',d Cr I 7' <S ?? /? / S vvi iW0Tj ITF?/ PJ ?? `?/ S b!t v/GrL.S r GIZ,? ,// (/fpi /d,? f IZEGi57,t+3Tti? 7,r 'Y 0/? IOU ..?N THA %Z L),40 -',gIIL SI?j vja /lo') ?? ?E L T/}-, AWMS?L4ir3r4lA Z- vj;Te? 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I ,,ln??I/-I?itI7Ti l?Gt ??ss 7-C3 Ic>?/7i/9 7z-SS/ L?rJ/? piL?cS? ,/?J'1C I'Zil?iLic-Ty, (i Tom/ r ,i•1 5 /L li N'T- .4'" , I /?Z-/LGr7?, t n C? , T/ ?v7 1 !y ?i. C ? rc'? /LAVL- r, i 1? f1 T 1 ?i?'? r?l= ?--??Ic%'"c'? ???- C.??/'3M'?o ?LvY ??L lL'?c J? l ?-c.'1'?t ?? - l.ll? C er?,? I'??>r r??j,t? JIJ F! i2 £,y u> O-/L-, T o TY YZ L P" . ?L-p>nl 7i I=FS ?`n1 6 (16) r 7 .i "-H ft?J-7_ C J TNrc.,t fz' y ?l-l??rT TT I )??'l z 4- Irl ?C ?a ?ter ri Fly 7-/Y-/z i s T s --)- (:2,4) L%?I r rz rY?? ?3 / U f- T/-IT %L) i.)-G ,`C i(J?S? '?/ JI 7 YE /fin f?G-•?- %,nJ T% Y,? N Ci ?"" l,-h's s 6 4 'y TWT- G(J </ rte ?/i r, ;,t S , 1 i [LfL, d?-YJ 3ri 1 1 Iv/ it IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA G 1 5 , IV,-4-1-{1(C„ q 4L-, - No. ? /-se, Z-(J 7-Pr ?fLFfYr?hFG°V/f?iV'yc'(?^? CIVIL ACTION % %L-rzR-s4.• t-1C VERIFICATION one of the within Plaintiffs, verify that the statements made in the foregoing are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. ?1?- ?` °d ,-? ?', , c? ?',• -? mac. ?.., t,? r:; ?_ a< <? t,, ; U, ` > yn r, - ? ,'? "? ? ?+ V Gary S. Yannone, MS Equal Partner, The Lost Valley LLC. President/Curator #I The Frankford Museum Society 1555 McClures Gap Road Carlisle, PA 17013 (402)-321-6306 (717) 319-5085 (717) 503-5747 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Gary S. Yannone No. 05-1894 Civil Term V. CIVIL ACTION AMMENDED The Lost Valley, LLC, The Frankford ORIGINAL FILED APRIL 12, 2005 Museum Society, Nolen R. Chew, Jr. Treasurer. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing pages, you must take action served by entering a written appearance personally or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGA HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDGFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 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. MIDPENN LEGAL SERVICES 8 IRVINE ROW CARLISLE, PA 17013 TELEPHONE: (800) 822-5288 NOTIC11A Le han demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de platy al partir de la fecha de la demanda y la notification,. Usted debe presenter una apariencia escrita o en persona o per abogado y archivar en la corte en forma escrita sus defenses O sus objeciones a las demandas en contra suya. Se ha avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO O PROPIEDADES O OTROS DERECHOS MTORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IM[MEDIATAMENTE. SI USTED NOTIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGTAL. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Gary S. Yannone No. 05-1894 Civil Term V. CIVIL ACTION AMMENDED The Lost Valley, LLC, The Frankford ORIGINAL FILED APRIL 12, 2005 Museum Society, Nolen R. Chew, Jr. Treasurer. AMMENDED COMPLAINT 1. The Plaintiff, Gary S. Yannone, is an adult male who physical and mailing address has and continues to be 1555 McClures Gap Road Carlisle, PA 17013. That plaintiff has made mortgage payments, property taxes, school taxes, personal taxes, and electric and garbage payments to such property as a property owner since 1999. That plaintiff has claimed this as his principle residence since the original subdivision of property from Merle Tate in 1999. The claim to this being his legal and abiding residence is substantiated by typical legal documentation such as but not limited to his drivers license, voters registration card, car registration, personal banking accounts, tax reports, social clubs, etc. That Plaintiff is the original owner of said property, the original founder of both the Lost Valley LLC (LLC), and Frankford Museum Society (FMS) physically located at the same address. 2. Defendant number 1, the Lost Valley LLC, is a for profit business entity with its place of business and physical location at 1555 McClures Gap Road, Carlisle, PA 17013, the same address as the plaintiffs residence. 3. The LLC is organized under the Pennsylvania Limited Liability Law of 1994 and has three equal partners. The original property owner and original partner since 1999, is Gary S. Yannone, the Plaintiff, the second partner since 2002, Jeffrey T. Kottmyer, and the third and junior partner Nolen R. Chew, Jr., partner since 2003. 4. That an LLC operating agreement was reviewed and approved on November 1, 2003, after being reviewed by Douglas Sell, CPA, and Marc Roberts, Esquire. That the parties' interests are equal, in common, and undivided. That each member has an equal interest and therefore, an equal vote, and requires unanimity for the conduct of all business affairs. 5. Defendant number 2, the Frankford Museum Society is a supposed not for profit entity with a Board of Directors that also has specific and substantial interest in the physical property at 1555 McClures Gap Road Carlisle, PA ;17013, That the mailing address of the FMS is Plainfield, PA, but the physical address the same as that of the LLC business, and that of the Plaintiffs residence, 1555 McClures Gap Road, Carlisle, PA, 17013. 6. Defendant number 3, Nolen R. Chew, Jr. is an adult male individual who resides at 61 197th Street, Star Prairie, Wisconsin, 54026. He has been both the treasurer for the LLC and for the FMS, the physical addresses the same as that of the residence of the Plaintiff. 7. The Plaintiff hereby alleges that the Defendants have apparently participated in and caused the Plaintiff irreparable injury to his Constitutional rights, defamed his personal character beyond reconciliation, and with seemingly malicious intent caused him grave and irreversible financial losses. 8. It is hereby claimed that the Petitioners with unfairness and unjust cause appear to have denied the Respondent due legal process and the rights therein, violated the Plaintiffs constitutional rights to both personal and business property, and those property rights both in the US Constitution and in that of the Commonwealth of Pennsylvania. That with what appears to be unfair intent and without due process the Petitioners barred the Respondent from his place of residence since 1999 as respectfully submitted in paragraph one above. 9. Additionally, with no regard for the Plaintiff's rights and with seemingly malice, and no just cause, the Petitioners have violated the Respondents Constitutional rights to privacy. That with what seems to be wrongful intent the plaintiffs entered the defendants restricted private property area and transformed it into a nonprofit public entity against his advice and without his legal consent. 10 That additionally, because of the apparent malicious actions of the Defendants, actions against the Plaintiff are now pending under 31 U.S.C. Sec 3716; 42 U.S.C. 664; 26 U.S.C. 6402, and pending 42 U.S.C. 654 (31). 11. That the Defendants seemed to have violated the Plaintiffs rights as a US citizen and specifically those as a US veteran. Including, but not limited to 38 U.S.C. 501 a and b, and 38 U.S.C. 5701. 12. That the Defendants have appeared to tamper with and barred the Plaintiff from his legal statutory rights governing US mail and privileges thereof. 13. That the Defendants have greatly and with no just cause interfered with the applicable and relevant personal and business statutes of the US Codes of the Department of Treasury, Internal Revenue Service, and the Pennsylvania Department of Revenue. 14. That with no concern for the Plaintiffs well being, it appears the Defendants have violated various Federal and State statutes regarding the Plaintiffs financial and banking rights and in particular those associated with the Federal and State Statures governing the Fair Debt Collection Practices Act (FDCPA). 15. The Defendants it seems have interfered with the Plaintiffs rights with NRCS/CSP. 4 16. That the Defendants in their expeditious attempt to take control of the LLC, Property, and FMS appear to have perjured themselves before this honorable and just court. 17. That with unjust and malicious mismanagement the Defendants appeared to have barred the Plaintiff from his equal and rightful access to all records and property of the LLC and FMS which has rendered the Plaintiff incapable of any rational decision making regarding critical financial and other matters for the 2005 fiscal year. This has been done without just cause, violating the LLC Operating Agreement 10.01. 18. That the Defendants actions seem to have been carried out in an unfair and malicious nature, including mismanagement and falsehoods about the treasuries, that this was done without due process for the Plaintiff, that this robbed the Respondent of his Constitutional property rights, his Constitutional rights to privacy, his rights to LLC property as an equal property owner, and has forced the Plaintiff against his will and with the cruelness of forfeiting more than one job into a state of homelessness and bankruptcy. 19. That no 2005 capital contributions were agreed upon because of the aforementioned treasury mismanagement and misstatements of the Defendants. That rather than proceeding with the proper and legal procedures as outlined in paragraph 4.03 of the LLC Operating Agreement the Petitioners took malicious action against the Plaintiff with case number 05-1640, using an improper legal arrangement and without cause remove to attempt to remove Plaintiff from an equal partner and voting member of the LLC. That these actions by the Defendants have put the LLC and FMS, and the Plaintiff in grave financial harm. 20. That against the Plaintiffs advice as an equal voting partner in the LLC and President of the FMS that the FMS and LLC have entered into a possible unethical if not illegal relationship. That confidential business information has been shared between the LLC and FMS against the defendant's advice and legal consent. 21. That the property controlled by the LLC has never been used as a rental and would need unanimous approval by all LLC members, which is fundamental basis for the LLC Operating Agreement, the property ownership and the subsequent formation and operation of the Frankford Museum Society (FMS). That in the original LLC negotiations and agreement barred any mention of rent. That the agreement is silent in that regard, but the Defendants are now using it in an apparent malicious intent. That such intent and other legal documentation presented to the Plaintiff seems to indicate a perjuries nature of the Defendants. And that any rental agreement, changing the operating agreement without unanimity of all equal partners is equal is improper and wrongful- 22. That it seems the for profit and not for profit nature of the LLC arid FMS have been violated and that the nature of these activities have been portrayed wrongfully and hidden from the plaintiff to adversely affect his Constitutional property rights, his Constitutional rights to privacy, his right and an equal LLC partner, and as a Board Member of the FMS. 5 21 That nat 'the goals, nnances, autnonty, achvities, media relations, and Membership activities have become intertwined with the LLC have become in essence one entity with two separate tax identification numbers. That the formation of the FMS was by the original three members of the LLC for the purpose to gain monetary access to non profit funds to support the same property and goals of the LLC. That tasks and finances have been continuously juggled to support this original purpose while maintaining separate tax identification numbers. 24. The strategic plans, charter and missions of the LLC and FMS continue to be intermixed as almost identical twins trying to support each other and always attached to the same property mentioned above. (Specific exhibits to be presented to the court). 25. That the treasurer of the LLC and Museum society has been the same and/or a member of the LLC and FMS which has created a conflict of interest and the wrongfully intermixing of for profit and non profit financial and other affairs that have been mismanaged, unethical and possibly illegal. 26. That although strictly as a paper tiger, the FMS has a separate Board of Directors, there is controlling authority by the LLC. That includes the positions of President, Treasurer, financial donations, real property control, etc. That this was an original intent of the three equal partners of the LLC and continues today. 27. That what appears to be an improper rental agreement was reached without the knowledge or consent of the Plaintiff, an equal property owner, an equal business partner, and President/Curator of the FrarMord Museum Society, and that once again merged the LLC and non profit affairs into one entity. Once again, denying Plaintiff of his Constitutional due process in his rights to property and privacy. 28. That such actions have been done improperly without the legal unamimnity referred to in the LLC Operating Agreement and paragraph four above. 29. That LLC or FMS meetings and elections were did not take place or were held at the earliest time which in essence and with what seems wrongful intent barred the Respondent from his rightful status on the FMS board as agreed by the original LLC partners. That the preceding FMS retreat and terms of the board members were also manipulated for the same apparent wrongful reasons. That such actions have been accomplished in a possible manipulative and clandestine way and that historic records of such as in the case of the treasury may have been doctored. That the Plaintiff has been barred from his rightful access to all records. 30. That the Defendants have manipulated meetings and communications in an apparent takeover of the LLC, FMS, and property. That a different times Petitioners manipulated meeting attendance by not contacting Respondent on alternate communication sources, knowing that some sources were unavailable, thus excluding Respondent from LLC and FMS meetings. Those communications from Petitioners were on the periphery at best and meetings were attempted with unfair manipulation for the purposes stated above. 6 31. Additionally, in an unfair and with grave injustice Plaintiff Respondent has been barred from his personal property and constitutional rights thereto. The same personal property left as evidence of his temporary employment sabbatical and proof of intents to permanently return to his residence and business at 1555 McClures Gap Road, Carlisle, PA, 17013. 32. That during Plaintiffs temporary employment sabbatical to gain support for the LLC and FMS, Defendants appear to have entered into an improper legal arrangement whereas Marc Roberts, esq, representing the LLC, now also represented Petitioners against Respondent. That after acknowledgment of that improper legal arrangement, Petitioners entered into a legal arrangement with Carl C. Risch, esq., on also questionable legal basis. 33. That the actions of the Petitioners have caused a grave defamation of character to the Respondent by misstatements, seeming manipulation, and that this has done great damage to the Respondent as the President of the FMS and Equal partner in the LLC with which he has demonstrated great leadership and peer support, and further gravely harmed his ability to continue and gain successful employment. That outside agencies including public safety, County and State and Township Government, historical and archeological representatives, colleges and Universities, neighbors, debt collectors (FDCPA), USDA, Defense Contractors, USAF Agencies, the US Department of Immigration, relatives, medical personnel and many others that will be submitted to the just and honorable court appear to have been made aware of these defamatory facts, which has further defamed the Respondent beyond financial compensation and moral reconciliation. 34. That the Plaintiff has refused to respond to mismanagement, manipulation, wrongful acts, questionable, improper and possible illegal actions by members of the LLC/FMS. That Defendants have attempted to improperly dissolve the LLC in violation of the LLC Operating Agreement 7.07, and without dissolving the FMS. That the Petitioners knew that the defendant was on a temporary employment sabbatical to support the LLC/FMS and failed to communicate to the Plaintiff over a multiple of methods on the specific status of the LLC and/or FMS. That the Plaintiffs whereabouts were known at all times as evidence will be presented to the court, and that Defendants continued on an apparent malicious and manipulative course to bar the Plaintiff from all records and proceedings. That any deadlock was created by the seemingly continuous manipulation of Defendants to take over the LLC, FMS, property, value of the site, and continue to defame the Plaintiff and his family. 35. That the honorable court understand that the Defendants are attempting in their Action in Partition 05-1539 to rob the Plaintiff of his Constitutional Rights to Property and Privacy and act in their own self-interest and no matter how improper deprive the Plaintiff of legal and Constitutional due process. That the LLC and FMS have become one. That the historical landmark status or archeological status of the site is directly related to the house, and that the property can be partitioned and divided, sold with equal allotments to each partner. That residential subdivisions on either side of the property, 7 Kutz/Swege/Tate have been approved in the past. Although no division or partition of the current property in question has been made, the property has been accrued through a sedies of additions. The first sect being of approximately 3 acres acquired by Gary S. Yannone from Merle Tate in 1999. This a subdivision from approximately 54 acres from Tate and directly related to making the old farmhouse a separate living quarters. The next addition in 2002 adding approximately 4 acres. And an addition in 2004 adding an approximate 29 acres. That the land is easily partitioned and legally useable for residential and/or commercial uses. That the defendant has for the best interest of the LLC and FMS considered and agreed to subdivisions, while the Defendants have not even though it was agreed upon to discuss such thus depriving the Plaintiff of his Constitutional property rights and financial profit from such. That subdivisions and/or other enterprises are not unusual considering that a Commercial Wedding Reception Business was just built one eighth of a mile South by Schulusser's Paving, Inc. 1749 McClures Gap Road, Carlisle, PA 17013. 717-243-0767. Or existing as part of the immediate adjacent property is a deer farm to be expanded that is regulated by the Pennsylvania Fish and Game Commission and owned by Merl Tate, 1560 McClures Gap Road, Carlisle, PA 17013. 717-249-5177. And that USDAA also have said agricultural business at both 1555 and 1560 McClures Gap Road. That subdivision and partition will not interfere with the historic farmhouse and provide the most lucrative compensation for all property owners. 36. That the Plaintiff has maintained a strong leadership role at all times as the original property owner, equal LLC partner, and President/Curator of the FMS since 1999. That much of all the major recognition of the historic and archeological value of the site is directly and specifically the outcome of individual work by the Plaintiff. That in many issues the Respondent has bent over backwards in trying to resolve the issues and save the LLC and FMS, lost thousands of dollars in income and expenses, traveled thousands of miles, lived away from his home residence, and filed a conciliatory initial settlement with no reciprocal response, action or commitment from the defendants. That as the original property owner, founder, equal partner in the LLC and President/Curator of the FMS, Respondent has always had the best and most moral interests as his direction for both organizations. 37. The apparent malicious, unconstitutional, wrongful and improper, if not illegal actions of the Defendants have already caused irreparable injury and loss to the LLC and FMS and Respondent. Leaving no fair and justifiable recourse, but to dissolve both the LLC and FMS in the most profitable manner, distributable all equally owned goods and award just damages as the fair court should just rule. The wise and honorable court realizing that the apparent malicious actions of the Defendants have caused the Plaintiff severe cruel financial losses, loss of home, loss of employment, delinquent child support, legal bills, etc. WHEREFORE, THE PLAINTIFF REQUESTS THE HONORABLE AND JUST COURT: a) That the honorable and just court freezes all assets of the LLC, the FMS, rights and properties thereof, until all parties are duly represented at future court hearings so that due process may prevail and the court can make a fair and just decision. b) Deny the Defendants requests in case numbers 05-1639 and 05-1640 as their attempt in an apparent vicious, manipulative, unconstitutional, improper and possibly illegal actions to gain control of the LLC, FMS, and rob the Respondent of his Constitutional rights to property and privacy. c) The fair and honorable court give the Plaintiff relief in his Constitutional Rights to property and privacy and give him immediate access to his property, his residence, his business property, all records of the LLC and FMS, his personal property, his mail rights, Veterans rights, etc, and thereby restore Respondents Constitutional rights to property and privacy. And that the Plaintiff no longer be barred from all property and records which such actions have precipitated great damage to his person. d) That fair and wise court rule that the Plaintiff has been denied due process in the Commonwealth and Federal Court System. e) That the wise court understands that in all practical and esoteric senses the LLC and FMS have become one and rule as such. That this is an improper relationship. And if one were to continue while the other being dissolved it would only be under the guise of a separate entity, when in fact it wasn't and cause undo and grave harm to all LLC partners. Therefore, if the court correctly acts to dissolve the LLC that it also dissolve the FMS. If the court does not wish to do this in entirety, then at least in fairness order that all previous LLC partners are barred from participation with the FMS and just and fair economic compensation be based on seniority and contributions to the LLC/FMS . f) Rule that all LLC partnership matters, FMS elections, etc. be frozen or considered null and void until all these matters are decided by the fair and honorable court. That any property, land modifications, etc., be immediately halted g) That the court in all its wisdom rule to dissolve the LLC and FMS. h) That the courts order that the property at 1555 McClures Gap Road be put up for immediate sale as individual building lots. That this is the must fair and just method and will gain the most profits to the dissolved members of the LLC. That there have already been more than one specific offer and this being the best and most profitable solution i) That the just and honorable court order that all other equally owned LLC property be distributed equally to equal partners with attention to seniority. 9 j) That all property of the FMS be distributed k) That the fair and honorable court rules the rental agreement with the FMS as cruel and improper. 1) That the court rule in favor of the Plaintiff that the Defendants are in violation of the LLC Operating Agreement 10.01 and 4.03 and this has led to accounts, payments, records and finances appeared to have been mismanaged and definitively misstated causing company disarray, confusion and possible and possible bankruptcy. That this is directly attributable to the apparent mismanagement of the treasurer, who improperly managed the funds of the for profit LLC and the not for profit FMS. And that after repeated attempts by the Respondent to obtain written verification of all company records, none has been forthcoming. Therefore, since the Petitioners have barred the Respondent from his Constitutional Rights as a property owner, an Equal LLC partner, and the President of the FMS, the Respondent cannot properly respond to the just and honorable court m) That the Defendants have manipulated meeting attendance by not contacting Plaintiff on alternate communication sources, knowing that some sources were unavailable, thus excluding the Plaintiff from LLC and FMS meetings. That communication from Defendants was on the periphery at best and meetings were attempted with unfair manipulation as outlined in a above with the Plaintiff absent necessary and vital information to make decisions on the affairs of the business. That the Plaintiff has maintained a strong leadership role at all times as the original property owner, equal LLC partner, and President/Curator of the FMS. Multiple exhibits will be presented to the court to substantiate that fact. n) That the honorable court order that the defendants be barred from further interfering with the Plaintiffs constitutional rights to freedom of speech. o) That the honorable court order that the defendants be barred from further interfering with the Plaintiffs constitutional rights as a US veteran. p) That the honorable court order that the defendants be barred from further interfering with the Plaintiffs constitutional rights of US mail service. q) That the just and honorable court reviewing the evidence presented agrees with assigning all copy write rights of the LLC and FMS to the Plaintiff. r) That the court appoints an attorney for the Plaintiff since the Defendants have caused him to be penniless and homeless and are improperly using funding from the LLC/FMS to fund their legal expenses. s) That the wise and fair courts not make any final decisions, no matter the length of time until the Plaintiff can successfully find representation for his Constitutional Rights. 10 And that the courts understand the cruel and intolerable homeless and penniless situation of the Plaintiff when attempting to set hearing times and places. t) That the fair and just court award the Plaintiffs abused family members all delinquent court ordered payments such as child support u) The wise court admonishes the Petitioners for their apparent perjury. v) That the just and honorable court rule that the dual relationship with the LLC attorney Marc Roberts as improper and that the one with FMS member Carl C. Risch as questionable w) That the just, fair and honorable court when considering the apparent malicious actions of the Petitioners, the seemingly unconstitutional and unjust due process accorded the Plaintiff, and the huge financial loss by the Plaintiff still being accrued, including but not limited to his initial investment and all other investments, his loss of home and expenses incurred, his legal expenses, his forced employment sabbatical, his loss of employment, the defamation of character, his loss of US veteran and mail rights, his loss of privacy, and that in all reasonableness and humaneness the honorable court award the Respondent an additional monetary sum not less that $1,000,000.00 and not more than $10,000,000.00 x) That such other and further action and relief be granted as the court deems just and proper. Respectfully Gary S. Yannone, Plaintiff--'I Equal Partner, The Lost Valley LLC President# 1- The Frankford Museum Society 1555 McClures Gap Road Carlisle, PA 17013 402-321-6306(717-319-5085) mmannoneAYahoo.com 717-503-5747 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Gary S. Yannone No. 05-1894 Civil Term V. CIVIL ACTION AMMENDED The Lost Valley, LLC, The Frankford ORIGINAL FILED APR 12, 2005 Museum Society, Nolen R. Chew, Jr. Treasurer. VERIFICATION I, GARY. S. YANNONE, one of the within Plaintiffs, verify that the statements made in the foregoing are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. DATE lam- G .YANNO 12 ?? r?x - G J i _Y lii 7 ji) l(3 J ..... -? _Cl ! _... rn . ':.} y . iri THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Gary S. Yannone V. No. 05-1894 Civil Term 10 DAY DELINGQUENT NOTICE The Lost Valley, LLC (and other applicable parties) 1555 McClures Gap Road, Carlisle, PA 17013, The Frankl'ord Museum Society (and other applicable parties), 1555 McClures Gap Road, Carlisle, PA 17013 (physical address), PO Box 157 Plainfield, PA (mailing address) 17081, Nolen R. Chew, Jr. Treasurer, 61 197° Street Star Prairie, Wisconsin 54026. NOTICE IMPORTANT NOTICE IMPORTANT NOTICE IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT IN TEN DAYS FROM THE DATE OF THIS A JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGA HELP. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDGFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 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. J=Zo-- 5 DATE GARY S. ° Gary S. Yannone, MS, Author -Equal Partner, The Lost Valley LLC. sident/Curator #I The Franlford Museum Society 1555 McClures Gap Road Carlisle, PA 17013 (402}321-6306 (717) 319-5085 aarvvannone(&yahoo. com t ) M> ?J lam.' ,_ _ 'i] CJ i ?. ?. ?? l1: MARY G. STUM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA, V. : NO.: 05-2035 : CIVIL ACTION LAW ROBERT J. GARDNER, Defendant : JURY TRIAL DEMANDED NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT To: Robert J. Gardner 800 Opossum Lake Road Carlisle, PA 17013 Date: May 17, 2005 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvani 17013 Telephone: (717);9'If6 LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Stephen J. gf g, Esquire Attorney for P intiff r_, _: r _? ??' GARY S. YANNONE, Plaintiff V. THE LOST VALLEY, LLC, THE FRANKFORD MUSEUM SOCIETY, NOLEN R. CHEW, JR., TREASURER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1894 CIVIL TERM NOTICE TO PLEAD TO: Gary S. Yanonne, Plaintiff You are hereby notified to file a written response to the enclosed Preliminary Objections to Plaintiff s First Amended Complaint within twenty (20) days from service hereof or a judgment may be entered against you. MARTSON DEARDORFF WILLIAMS & OTTO By lh l 1 L (? Hillary A. Dean, E uire PA Attorney I.D. No. 92878 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: May 23, 2005 Attorneys for Defendant P\PILWDATAPILE\GenM[%CUrt t\11110 Apo Oeaed 5120105 345PM Revised'. 5/20/05 441PM GARY S. YANNONE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. THE LOST VALLEY, LLC, THE FRANKFORD MUSEUM SOCIETY, NOLEN R. CHEW, JR., TREASURER, Defendants NO. 05-1894 CIVIL TERM PRELIMINARY OBJECTIONS TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND NOW, comes the Defendant, Nolen R. Chew, Jr., by and through his attorneys, Martson Deardorff Williams & Otto, and hereby preliminarily objects to Plaintiff's First Amended Complaint as follows: OBJECTION 1 LEGAL INSUFFICIENCY UNDER Pa. R.C.P. 1028(a)(4) (DEMURRER) Plaintiff has failed to state a legally recognizable cause of action in his Amended Complaint. MARTSON DEARDORFF WILLIAMS & OTTO By _ LW (LUG Hillary A. Dean, E uire PA Attorney I.D. No. 92878 Carl C. Risch, Esquire PA Attorney I.D. No. 75901 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: May 23, 2005 Attorneys for Defendant GARY S. YANNONE, Plaintiff V. THE LOST VALLEY, LLC, THE FRANKFORD MUSEUM SOCIETY, NOLEN R. CHEW, JR., TREASURER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1894 CIVIL TERM ORDER OF COURT AND NOW, this day of , in consideration of Defendant's Preliminary Objection to Plaintiff's Complaint, said objections are SUSTAINED and the Plaintiff's Complaint is dismissed. By the Court, J. CERTIFICATE OF SERVICE I, MaryM. Price, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Preliminary Objections was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Gary S. Yannone 1555 McClures Gap Road Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO By y Aw Mary . Price Ten st High Street Carlisle, PA 17013 (717) 243-3341 Date: May 23, 2005 ro _ ??.? _ , -i ? -? .,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Gary S. Yannone No. 05-1894 Civil Term V. Cease and Desist Order The Lost Valley, LLC (and other applicable parties) 1555 McClures Gap Road, Carlisle, PA 17013, The Frankford Museum Society (and other applicable parties), 1555 McClures Gap Road, Carlisle, PA 17013 (physical address), PO Box 157 Plainfield, PA (mailing address) 17081, Nolen R. Chew, Jr. Treasurer, 61 197'b Street Star Prairie, Wisconsin 54026. NOTICE IMPORTANT NOTICE IMPORTANT NOTICE IMPORTANT NOTICE ,....? va iwau l.ii[LLSIe PA 17013 by way of deed. yarpiershin or any other agreement (i.e. ( JSDA) That no modifcaho excavation, plowing. removal of ro but not limited to these areas may occur and or must cease Any violation of my rights will be considered a willful and ?lle9aL act. 5?- DATE GARY S. Gary S. Yannone, MS, Author Equal Partner, The Lost Valley LLC. President/Curator #I The Frankford Museum Society 1555 McClures Gap Road Carlisle, PA 17013 (402)-321-6306 (717) 319-5085 gi yr yannone a ahoo com cc: Prothontary Office 4r n.> C.: C1 u r _ ',i t_ O CT's n? PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and sutmitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argunent Court. CAPTION OF CASE (entire caption must be stated in full) Gary S. Yannone (Plaintiff ) VS. The Lost Valley, LLC, The Frankford Museum Society, Nolen R. Chew, Jr., Treasurer (Defendant) No. 05-1894 Civil 19 1. State matter to be argued (i.e., Plaintiff's motion for new trial, defendant's de Lmm-er to complaint. etc-): Preliminary objections to Plaintiff Is First Amended Complaint 2. Identify counsel wbo will argue case: (a) for Plaintiff: Gary S. Yannone (Pro Se) AAddress: 1555 McClures Gap Road Carlisle, PA 17013 (b) for defendant: Nolen R. Chew, Jr., Treasurer - Carl C. Risch, Esquire Address: Hillary A. Dean, Esquire 10 East High Street Carlisle, PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 6, 2005 v Attorney f r Defendant Chew `? ° o ,J ,., ? ? C7t. ? btzt c? ??- ?.r^: 'V ?i-i G? C? O !V -.? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Gary S. Yannone No. 05-1894 Civil Term V. CIVIL TERM The Lost Valley, LLC, The Frankford Museum Society, Nolen R. Chew, Jr. Treasurer. PLAINTIFFS RESPONSE TO PRELIMINARY OBJECTIONS TO PLAINTIFFS FIRST AMENDED COMPLAINT 1. On May 23, 2005 the Defendants filed their Preliminary Objections to Plaintiffs First Amended Complaint. 2. I, the Plaintiff, Gary S. Yannone, not an attorney disagree with their one sentence rebuttal to over four pages of allegations. In all fair and equal jurisprudence this needs to be heard before the honorable court 3. I, the Plaintiff, Gary S. Pannone, not an attorney, but a citizen, believe that I have set forth facts to be heard before this honorable court, but need legal representation to present those technical areas to the court. I request a hearing to hear those facts and time to get proper legal advice on the technical aspects of the applicable points of law. 4. 1 the Plaintiff, Gary S. Yannone, not an attorney has no legal representation at this time, but is seeking such and I am not familiar with the rules of a Notice to Plead attached to their Preliminary Objections. I will need time and assistance to obtain legal representation so that I am afforded due process. 5. I the Plaintiff, Gary S. Yannone, not an attorney have been afforded no access to the thousands of records that will be needed to be reviewed and discussed before this court. How can I respond without this basic act of discovery. Even when the honorable court assists me and my future legal representation in getting the proper access to all records, it will take a great deal of time to sift through and analyze all the material. Without a detailed examination of all records before any hearing would be unfair and unjust. 6. It appears to me not an attorney, that this is a complex case with multiple issues involving a business partnership, a historic landmark, an archeological site, a non profit agency, and three separate law suits involving intertwining issues. I will be at an unfair disadvantage unless I am given time to pursue legal representation and given a hearing in court before any order is signed. 7. In case number 05-1539 and case number 05-1640 addressing the same issues as this case, the Plaintiffs/Petitioners admit that I have a "multitude and plethora of allegations." Is the just and honorable court to sign the order and dismiss the case with no hearing? & That the signing of the Order of Court without a hearing and time for myself to get proper representation would deny me, Gary S. Yannone, a lifelong Cumberland County resident, and voter my rights and ignore the facts in the case. WHEREFORE, I the Plaintiff, Gary S. Yannone, not an attorney, but a lifelong resident and voter from Cumberland County, humbly requests my day in court with proper representation. That the honorable courts not sign a court order until a hearing is scheduled and I am afforded reasonable representation. That the honorable court and judge sign the attached rule. Respectfully Submitted, r/ -8'- ?- DATE i Gary S. Yannone, MS, Author Equal Partner, The Lost Valley LLC. President/Curator #I The Frankford Museum Society 1555 McClures Gap Road Carlisle, PA 17013 (402)-321-6306 (717) 319-5085 oxyvannone(a-)y@hoo.com cc: Prothontary Office hand carried Martsen, Deardorff, Williams and Otto (Hillary Dean, Carl Risch, esq.) 0 class mail The Lost Valley, LLC I" class mail The Frankford Museum Society I" class mail 2 ?. - . p CJf P7 Sri L C -n ? n Z rn m u cn S GARY S. YANNONE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. THE LOST VALLEY, LLC, THE FRANKFORD MUSEUM SOCIETY, NOLEN R. CHEW, JR., TREASURER, DEFENDANTS 05-1894 CIVIL TERM ORDER OF cOURIf AND NOW, this 12-- day of July, 2005, IT IS ORDERED: (1) The preliminary objection of Nolen R. Chevy, Jr., to plaintiffs first amended complaint in the form of a demurrer, IS GRANTED because of the failure to set forth facts to support any of the causes of action alleged. (2) Plaintiff shall have twenty (20) days from this date to file a legally sufficient second amended complaint. By the. Court, Edgar B. Bayley, J. Gary S. Yannone, Pro se 1555 McClures Gap Road Carlisle, PA 17013 Carl Risch, Esquire For Defendant 0? :sal N C l ?_ ?-. - jj ?`. : ...: W ?` :?? `+ ":.' _ _i!:. ?;7 ?. 91 ?:- 4rJ --? S'•7 •,{ ... C.: R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Gary S. Yannone No. 05-1894 Civil Term V. CIVIL TERM The Lost Valley, LLC, The Frankford Museum Society, Nolen R. Chew, Jr. Treasurer. RESPONSE (20 day) TO DEFENDANTS OBJECTIONS 1 Plaintiff will respond in full against each party with appropriate legal points and substantiation at a future date (criminal charges are a separate issue.) Res ectfull Submitted -`Z -C)6-- DATE GARY S. YANNON11 Gary S. Yannone, MS, Author 1555 McClures Gap Road Carlisle, PA 17013 (402)-321-6306(717)319-5085 garwannone(&Yahoo.com cc: Prothontary Office hand carried Gates, Halbruner&Hatch, P.C. C' q. L 2 i'a cl?-y/Q'5 .10 ?v. lf:f F> J C--,+-^ 4- rfz-.Z" J'.#-/-7,13 .., ?? -- _, _ ?. ca -? ?? ?_? ;`,,. r;, ?' Y" 'rr. -:.> ? 'C Curtis R. Long Prothonotary Office of the Vrotbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor l).S - 1899 CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573