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MELISSA G. CLINE, and
STEPHEN S. GAUSTAD,
P iaint if fs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. "il.
(t'/)' ((t'.,j r;u---
JOAN G. MOORE and S.LAW GRONER,
ATTORNEYS-IN,FACT for
HANNAH LAW GRONER, and
Executors of the Estate of
HANNAH LAW GRONER; and
ROBERT MOORE,
Defendants
WRIT OF SUMMONS
TO: S. Law Groner
49 E. Fifth Street
Bloomsburg, PA 17815
Kindly issue a Writ of Summons against S. Law Groner,
Attorney-in-Fact for Hannah Law Groner, and Executor of the Estate
of Hannah Law Groner, and in favor of Melissa G. Cline and Stephen
S. Gaustad.
Respectfully submitted,
KrL~lrAN
/
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& GEPHART
Dated: February 22, 1996
.l: lian, Esquire
I.D. U07080
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
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1IoNlRl,,1IU_ l'UlNnLVANIA "Joe.a_
MELISSA G, CLINE. and
STEPHEN S. GAUSTAD,
PlaLntLffs
IN THE COfJRT OF COMMON PLEAS
CUMBERLAND CUUNTY, PENNSYLVANIA
v.
NO. '1'(~. ',/,) (. :',( .t_" t' .(~~.....
JOAN G. MOORS and S.LAW GRONER,
ATTORNEYS-tN-FACT for
HANNAH LAW GRONER, and
Executors of the Estate of
HANNAH LAW GRONER; and
ROBERT MOORE,
Defendants
WRIT or SUMMONS
TO: Robert Moore
414 Carol Street
New Cumberland, PA 17070
Kindly issue a Writ of Summons agaLnst Robert Moore, Attorney
for Joan G. Moore and S. Law Groner. and Ln favor of Melissa G.
Cline and Stephen S. Gaustad.
Respectfully submitted,
Dated: February 22, 1996
John D. Kill'an, Esq ire
Attbrney 1.0. #07080
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
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6. On May 16, 1996, in an attempt to cure the erroneous
docketing, Plaintiffs filed a Motion to Consolidate the actions
filed at Docket Number 96-995 and Docket Number 96-2649-Equity.
7. On May 23, 1996, the Honorable Harold Sheely entered an
order issuing a Rule upon DefenC:ants to show cause why Docket
Number 96-995 and Equity Number 96-2649 should not be consolidated
under Equity Number 96 - 2649. A copy of the Mot ion and Rule is
attached as Exhibit "8" and incorporated by reference thereto.
8. On May 29, 1996, Defendants filed a Praecipe to Enter
Judgment of Non Pros for the action at Docket Number 96-995.
9. Although Non Prus was entered, Defendants did not attach
the copy of the ten-day notice to their Praecipe as required by
Pa.R.C.P. 2]7.1 (al (3). A copy of a letter confirming Defendants'
omission is attached as Exhibit "C" and incorporated by reference
thereto.
10. The judgment of Non Pros should be stricken for failure
to comply with the notice requirements of Pa.R.C.P. 237.1 (a) (3)
requiring that a copy of the notice of intent to take default be
attached to the praecipe to enter judgment.
11. Alternatively, the judgment of Non Pros should be opened
pursuant to ~a.R.C.P. 237.3 because the Plaintiff has filed this
petition within ten days of the entry of the judgment of Non Pros
and attached a verified copy of a complaint which states a
meritorious cause of action against the Defendants.
12. Finally, the judgment of Non Pros should be opened
pursuant to Pa.R.C.P. 1018 wh~ch provldes that no action or
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STEPHEN L. GAUSTAD.
KlLZSSA GAUSTAD SHOP!.
PlaintUh
I IN TH! COURT OV COMMON PLEAS
I CUMBERLAND COUNTT. PBNNSYLVANIA
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v.
I CIVIL ACTION - EQUITY
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JOAN G. MOORS and SDLDON LAW
GRONER, individually and ..
Attornay..in-Vact fo~
Hannah Law G~onar. and
axaoutor. of tha I.tate of
Hannah Law Grona~1 and ROBERT
MOORS. individually and a.
Attornay fo~ Attorney.-in-Vact
and tha axecuto~. of the I.tate I
of Hannah Law G~onar.
Oafendant.
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JURY TRIAL OIMANDED
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NOTICE
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are served.
by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff.
You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cu~berland County Courthouse - Fourth Floor
1 Courthouse Square
Carlisle, Pennsylvania 17013-3387
Telephone \717) 2~O-6200
EXHIBIT
I
A
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7. Defendant Robert Moore performed legal ~ervices for
Hannah Law Groner during her lifetime, represented Hannah Law
Groner's attorneys-in-fact, and now Ls the attorney for the
executors of Hannah Law Groner's estate.
8. On January lo!, 1994, Hannah Law Groner ("Decedent"i died
at Leader Nursing Home, 1700 Market Street, Camp Hill,
Pennsylvania, of cardiorespiratory failure at the age of 94,
leaving a Will dated January 14, 1986. Decedent was the mother of
Defendants Sheldon Law Groner and Joan Groner Moore, and the mother
of Plaintiffs' mother, Barbara Ann Groner Gaustad, who predeceased
Decedent.
9. Plaintiffs believe and therefore aver that at all times
preceding her death, Decedent was mentally sound and competent.
10. Decedent's last Will dated January 14, 198e, devised her
real estate and improvements situated on Millsite Lake, Redwood,
Jefferson County, New York, in the following manner:
A. A one-third interest to her son, Sheldon Law Groner;
B. A one-third interest to her daughter, Joan Groner Moore;
C. A one-sixth interest to her granddaughter, Melissa
Gaustad Shope (Plaintiff); and
D. A one-sixth interest to her grandson, Stephen L. Gaustad
(Plaintiff) . A photocopy of the will is attached as
Exhibit A.
11. Decedent's Will also provided for a distribution to each
of her grandchildren of "the sum of TWO HUNDRED ($200.00) dollars,"
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and directed that Me Lissa Gaustad Shope (plaintiff) and Stephen
Gaustad (E'laintiffl receive one-sixth of the residue of the estate.
12. Decedent'& Will appointed her children, Sheldon Law
Groner and Joan Groner Moore, as her Executors.
13. Charles B. I'ursel, Esq., of the Law Offices or Derr,
Pursel, Luschas & Norton, in Bloomsburg, Pennsylvania, prepared
Decedent's Will.
14. Five years previously, on June 11, 1981, Decedent had
appointed her children Joan Groner Moore and Sheldon Law Groner as
her "true and lawful attorneys" under a Power of Attorney, a copy
of which is attached as Exhibit B. The Power of Attorney was not
prepared by the Law Offices of Derr, Pursel, Luschas & Norton;
rather, it was prepared by or under the direction of Robert Moore,
Esq., husband of Joan Groner Moore.
15. On July 1, 1986, less than six months after Decedent
executed her Will, Joan Groner Moore and Sheldon Law Groner "as
attorneys-in-fact" for Decedent "pursuant to a Power of Attorney
dated June 11, 1981, and recorded in the Jefferson County Clerk's
Office concurrently herewith," conveyed to Sheldon Law Groner and
Joan Groner Moore as tenants in common "all those certain tracts or
parcels of land situate in the Town of Theresa, County of Jefferson
and State of New York," with the address of Mill Site Lake,
Red...ood, New York. A copy of the July 1986 Deed is attached as
Exhibit C.
16. The s~m of One Dollar was recited as the consideration
for the transfer of the New York property from Grantors, Joan
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Groner Moore and Sheldon Law Groner, as attorneys - in- fact for
Decedent to Grantees, Joan Groner Moore and Sheldon Law Groner, as
tenants in common.
17. Plaintiffs believe and therefore aver that the fair
market value of the New York property greatly exceeded the recited
consideration of One Dollar.
18. the Deed attached as Exhibit C specifically recited that
"[b]y Power of Attorney dated June 11, 1981 . Hannah Law Groner
appointed S. Law Groner and/or Joan G. Moore as her attorneys-in-
fact with authority to convey real estate."
19. The Power of Attorney did not contain language
specifically authorizing the attorneys-in-fact to make substantial
gifts to themselves or others.
20. The Deed was not prepared by the Law Offices of Derr,
Pursel, Luschas & Norton; instead, the Deed was prepared under the
direction of Robert Moore, Esq., husband of Joan Groner Moore.
21. The Deed was recorded on October 6, 1986, in the Office
for Recording of Deeds, Jefferson County, New York.
22. Decedent's 1986 Will specified that it was her "sincere
wish" that "the above named [beneficiaries in 1 10 above] make
every effort to keep this property in our family so that it is
available for use by family members."
23. Decedent's previous Last will dated February 28, 1979 had
devised a one-third interest in the New York property to S. Law
Groner, a one-third interest to Joan Groner Moore, and a one-third
interest to "Barbara Groner Gaustad, Stephen S. Gaustad and Melissa
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A. Gaustad, as joint tenants wit:l the right of survivorship and not
as tenants in common." The 1979 will also expressed Decedent's
"sincere wish" that the named beneficiaries "keep this property in
our family so that it is available for use by family members." A
copy of the 1979 Last Will is attached as Exhibit D.
24. Plaintiffs believe and therefore aver that Decedent, from
1979 through 1986 and continuing until the date of her death,
maintained her "sincere wish" that Plaintiffs inherit a one-third
interest in her realty; nevertheless, Sheldon Law Groner and Joan
Groner Moore, in their capacities as attorneys-in-fact, gifted the
New York property to themselves for their personal use and benefit,
without the knowledge, consent or authorization of Decedent.
25. Plaintiffs believe and therefore aver that after gifting
the New York property to themselves by way of the July 1, 1986,
Deed, Sheldon Law Groner and Joan Groner Moore, in their capacity
as attorneys-in-fact, continued to write checks on Decedent's
personal checking account to pay for expenses incurred in
maintaining the New York property including, but not limited to,
expenses for insurance, property taxes and general maintenance.
26. Plaintiffs believe and therefore aver that a confidential
relationship existed between Defendants and Decedent. Despite the
fact that Decedent depended upon and trusted Defendants to
administer her financial affairs in her best interests, Defendants
deceptively gifted Decedent's real property to themselves and
consumed a portion of her other assets for their personal benefit.
27. Some time after Decedent's death, Plaintiffs learned for
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the first time from Sheldon Law Groner that the New York property
was not part of Decedent's estate because Sheldon Law Groner and
Joan Groner Moore, acting under the Power of Attorney, had gifted
the property to themselves by way of the July 1, 1986 Deed.
28. Defendants have refused to restore the property they
converted to Decedent's estate or to Plaintiffs.
29. By notice dated April 25, 1994, Joan Groner Moore
informed Plaintiffs that their sole beneficial interest in their
Grandmothers' estate was "a specific bequest of $200 and 1/6 of
residue." A copy of the Notice forwarded to Plaintiff, Melissa
Gaustad Shope, is attached as Exhibit E.
COUNT I - CONVERSION
30. Plaintiffs incorporate by reference paragraphs 1 through
29 as though fully set forth here.
31. Defendants all had knowledge of and agreed to participate
in a scheme to defraud Plaintiffs of their right to inherit and
possess the share of Decedent's realty which she intended them to
receive.
32. Defendants had knowledge of and agreed to participate in
a scheme to abuse their confidential relationship with Decedent to
convey Decedent's realty to themselves.
33. Defendants had knowledge of and agreed to participate in
a scheme to abuse their confidential relationship with Decedent to
fund their transfer of her realty to themselves, and to fund their
maintenance of the realty.
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34. Defendants accomplished their scheme to secure an
advantage for themselves by intentionally deceiving Decedent, who
had at all times relied upon and trusted Defendants, her children
and her son-in-law, to carry out her wishes and to act in her best
interests.
35. Defendants have committed a fraud upon Plaintiffs by
diverting to themselves property Decedent willed to Plaintiffs.
36. Defendants are constructive trustees of the realty and
funds wrongfully appropriated and converted to their own use.
WHEREFORE, Plaintiffs request this Court:
(al to direct Defendants to provide Plaintiffs with an
accounting of all monies and property wrongfully converted by them;
(bl to direct Defendants to convey to Plaintiffs their
rightful possessory interest in the converted realty, by good and
sufficient deed of conveyance, free and clear of any encumbrances;
(cl to enter judgment against Defendants for compensatory
damages in excess of $25,000.00, an amount above the jurisdictional
limit for compulsory arbitration, plus whatever relief the Court
deems just and proper;
(dl to enter judgment against Defendants for punitive damages
because Defendants' actions constituted intentional, outrageous,
and malicious conduct;
(e) to order whatever relief the Court deems just and proper,
including the award of reasonable legal fees, costs, and interest.
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COUNT II . BRBACH OV VIOUCIARY DUTY AND
WASTZ or !STATZ ASSITS
37. ~laintiffs incorporate by reference paragraphs 1 through
36 as though fully set forth here.
18. ~efendan~s 0wed l fiduciary 1Uty ~o Plaintiffs. because
they knew Plaintiffs were beneficiaries of Decedent's will.
39. Defendants' deceptive conduct reduced the value of the
corpus of Decedent's estate,
thus causing harm to the
beneficiaries' interests.
40. Defendants wilfully and intentionally breached their
fiduciary duties to Plaintiffs by:
(al repeatedly engaging in instances of self-dealing to
convert Decedent'S assets to themselves without the knowledge and
consent of Decedent or Plaintiffs;
(bl wasting the assets of Decedent;
(c) undermining and thwarting Decedent's decisions as to the
disposition of her realty and assets;
(d) deliberately diverting Plaintiffs~ right to inherit and
possess their share of Decedent's realty.
41. All Defendants assisted or participated in these breaches
of their fiduciary duties with full knowledge and with the purpose
and intent of facilitating the commission of their scheme to harm
Plaintiffs' interests as beneficiaries.
WHEREFORE, Plaintiffs request this Court:
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1E~u;t iiUl nub illtstnnunt
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t. HANNAH LAW GROHER. oe the Town of Bloom.bu.9:
columb1' countY. p.on.ylv.n1', b.1n9 oe sound .nd dl.po.lng
~1nd. maaary snd und..st.ndln9. do he..by make my L..t Wl11 and
Te'U...nt. and rlvo.. .ny .n" ._~ ..:.:., -< ~odl<:U. by m. .t .ny
tlme h...tofO.' mad..
J rtRST. t d1..ct my ...cuto... h...ln.ft.. n...d, to
p.y .11 my ...... ....l....nt co.t.. mad1c.l .nd fun...l
.ap.n...' and debt. .nd .ccounts .s .oon .ft.. my d.c.... .s
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conv.n1.ntlY maY b' don..
SICOND. I d1r.ct p.yment of .11 lnh.rlt.nc. .nd ....t.
..... due an p.op.r'y p...lng und.r thl' W111 .. If ..,.n." of
.da1n1..r.tlon. t d1r.ct th" .11 .uch ..... due an p.oVe.'y
p...lng ou..,d. o! thl. Wl11 .h.ll b& p.ld by the p.r.on.
..c.lvln9 .h. p.op..ty.
v 'l'lIIRD I t glve and b.qU..th to e.ch of my gnndchlldraD
.urvlvlng .t the d.t. of my d.c.... the .uD at TMO HaHDRIC
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($100.001 DOLLARS.
~/rOURTR: t g1V' .nd d.vl.' my .e.l ..t.t. wlth
,..rovements .nd cont.nt. .ltu.t. on Ml11slt. Lak', Redwood.
J.tt...on county, H'W york. ln the follow1ng m.nn.r .nd an the
!ollowlng cond1tLon.'
.
A. A on.-thl.d lnt.r..t th...ln to S. LAW GROHER.
B. A on.-thlrd lnt.r..t th...ln to JOAN GROHER MOORI.
C. A on.-.l~th lnt.r..t th.reln to MELISSA GAUSTAD.
D. A on.-s1.th lnt....t th.reln to STIPHEN GAUStAD.
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E. It ,. my .\nc.r.. wl.h th.t the .bove n....d p.non.
m.ke ev.ry s!fo.t to ~e.P thl. p.op.rty in our f.mily so th.t lt
L. .vulable eo. use by !aJQ11y ..aabe", t hope that .ou
.rranqemen. csn b" devls..d ,0 th.t t..... .nd Ln.ur.nce p...mluma
.nd other eopen.e. c.n he e.i.ly dl.t.lbut..d .mong the own..r.
ba.ed ~n tne,r oi.cumat.nce. .nd the u.e oe th" p."p..tY.
EX!UIlIT ",\"
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vSEV!NTH' 10 tn. IVlot tnat .oy b.n.flcl.'Y named 10
tnl. WLll .nould p'ld.claa. me. tn. ana'l otb.,wl.a qolnq to
aucn d.c....d b.n.ficl.'Y .n.ll b. diat,lbutld ln Iqu.l an.z.a
to hLd 0' hU th.n-l1v1nq chl1dnn. .nd if any aucb dlltdbllU.~..:. ...,
Ibail bl und.' the .q. of eiqbt..n (111 y.an. t dO h.nby -: ",.'
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.ppoint the IpOU.. of .ucn d.c....d b.n.ficl.EY .. tb.
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r. t d1nct th.t no pluon holdinq · fucuon.l
Lntlrl.t in thLI p.op.,tY Ih.ll 1111 O' t,.nlf.' 1n .ny WlY any
Lnt....t Ln the p.op..ty IIClpt to anothl' chl1d o. q.andchl1d
ot m1ne. Any ..11 o. t,.n.fl' not m.dl to a cbl1d 0' q~andcbild
of ~n. Ihall b. IffactiVI only if all owna," un.nimou.ly .qtle.
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../ rIfTH I I fu,tbU dluct tn.t LEII ,.. GAUSTAD .n.il n.v.
no "qnt '0 u'. ~r dn]oy 0'. ~,:::,.. ~>kl O,OPI'tV.
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All tb. ..at. 'Iaidu. and ,..-lode' of my
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..c..ee, of whaelOever ch.r.C~.t and wher..o.vet ai tuatl. I
d.vL.. and b.qU..th Ln tne foilowlnq mannee,
A. onl.thi{d thUlof to S. LA" GIlOIIIll.
8. one-tbi{d tbeElof to JOAll GIlOIIIl\ MOOIl!.
C. one..iltb tb.'lof to MllLJSSA GAUSTAD.
O. on a- . lltll tbueof to STII'8EII GAUSTAD.
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T..t.m.nt.ry GuaEdi.n of tb. eltate of lucb cbl1d OE cbil4%aD.
EIGHTH' I noaln.t., can.titut. .nd .ppoint S. ~
GROIIER .nd JOAII GIlOIIER HCOIlE. oE tne .u,vlvo' of th.m. .Iecuto'.
of tnl., my WLll. 110 ...cuto, .ball b. ,equLE.d to fu,nilb bond
oE su,etY Ln .ny juzi.dLciton.
j' IIINTH. Aft.' my deatb .nd dUELnq tbe .dminlst,.tloo of
my est.t., no p.,t of my .st.t. .n.ll be .ubject to att.cbmlnt
0' e..cutlOn 0' othe, leq.l p,ocess by p.,.ons 0'
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POWER OF A'l"l'ORNEY
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KNOW ALL MEN BY THESE PRESENTS, that I, HANNAH LAW
GRONER (alkla Mrs. S. Sheldon Groner) have constituted, mlde and.
cppointed. and by these Presents do constitute, make and appoint
JOAN G. MOORE ami S. rAW GRONER, or eJ.Uler ot tJ:1em, .'y ~:ue and.
lawful attorneys, (hereinafter referred to as "my attorney").
1. To ask, demand, sue for, reCQver and
receive all sums of money, debts, goods,
merchandise. chattels, effects and things of
whatsoever nature or description which are now or
hereafter shall become owing, due, payable, or
belonging to me in or by any right whatsoever, and
upon receipt thereof, to make, sign, execute and
deliver such receipts, releases or other
discharges for the same, respectively, as my
attorney shall think fit. .,
2. To deposit any moneys which may come
into my attorney's hands as such attorney with any
bank or banker, either in my or my attorney I s own
name, and any of such money or any other money to
which I am entitled which now is or shall be so
deposited to withdraw as my attorney shall think
fit; to sign mutual savings bank and federal
savings and loan association withdrawal orders; to
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EXHIBIT "Il"
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.iqn and endorse checks payable to my order and
to draw, accept, make, endorse, discount. or
otherwise deal with any bills of exchange. checks.
promissory notes or other commercial or mercantile
iJUltrUlllents; to borrow any sum or sums of money on
sucn ~erms ana W1Cl1 sucn securl~Y dS my ~~t==~ay
shall think fit and for that purpose to execute all
notes or other instruments which may be necessary
or proper; and to have access to any and all safe
deposit boxes registered in my name.
3. To sell, assign, transfer and dispose of
any and all stocks, bonds, including U. S. Savings
Bonds, loans, mortgages or other securities
registered in my name; and to collect and receipt
for all interest and dividends due and payable to
me.
4. To invest in my name in any stock,
shares, bonas, securities or other property, real
or personal. and to vary such investments aa my
attorney. in their sole discretion, may deem best;
and to vote at meetings of shareholders or other
meetings of any corporation or company and to
execute any proxies or other instrUments in
connection therewith.
'. ': ~.:!.042 .'." 127
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~. To enter into and upon all and singular
real eltate, and to let, manage, and improve the
.ame or any plrt th.reof, and to repair or
otherwi.e improve or alter, and to insure any
buildingl therlonl to lell, either at public or
prlvlte sale or exchange ~y par~ ~r par~~ ~i ~y
real e.tate or perlonal property for such
consideration and upon such terms al my attorney
Ihall think fit. and to execute and deliver good
and lufficient deed. or other instrUments for the
conveyance or tranafer of the slllle, with such
covenantl of warranty or otherwise .. my attorney
.hall aee fit, and to give good and effectual
receipts for all or any part of the purchase price
or other conaiderationJ and to mortqaqeJ includinq
purcha.e money mortgage, and to execute bonds and
warrants and all other instrUments and documents
in connection therewith and relating thereto and
luch power shall not be in limitation of any other
powers set forth.
6. To contract with any person for leasing
for such periods, at such rents and subject to
luch conditions as my attorney shall see fit, all
or any of my said real estate: to let any such
person into possession thereof: to execute all
such leases and contracts as shall be necessary or
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proper in that behalf; to give notice to quit to
any tenant or occupier thereof; and to receive and
recover from all tenants and occupiers thereof or
of any part thereof all rents, arrears of rent.
and sums of money which now are or sball hereafter
become due and payable 1n respec~ ~ereoii ana
also on nonpayment thereof or of any part thereof
to take all necessary or proper means and
proceedings for determining the tenancy or
occupation of such tenants or occupiers, and for
ejecting the tenants or occupiers and recovering
the possession thereof.
7 . To commence, proscecute, discontinue or
defend all actions or other legal proceedings
touching my estate or any part whatsoever, or
touching any matter in which I or my estate may be
in any wise concerned; to settle. compromise, or
submit to. 'I1:'lJitration any debt. demand or other
right or matter due me or concerning my estate as
my attorney in their sole discretion, shall deem
best and for such purpose to execute and deliver
such releases, discharges or other instruments as
my attorney may deem necessary and advisable; and
to satisfy mortgages. including the execution of a
good and sufficient release, or other discharge of
such mortgage. ",:..1042 ": 1~9
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8. To execu~e. acknowledge and file Federal,
State and local income tax and personal property
tax returns.
9. To enqage, employ and dismiss any
agen~s, ~ler~s, ~er/an~s ~= :~~e ;ersons ~s ~y
attorney. in their sole discretion, shall deem
necessary and advisable.
10. In general, to do all other acts, deeds.
matters and things whatsoever in or about my
e.tate, property and affairs and things herein.
which I may at any time own or be entitled to,
either particularly or generally described. as
fully and effectually to all intents and purposes
a. I could do in my own proper person if person-
ally present and active, giving to my said attorney
power to make and substitute under them an attorney
or attorneys for all the purposes herein described.
hereby ratifying and confirming all that the said
attorney or substitute or substitutes shall do or
purport to do, therein by virtue of these presents.
11. In addition t.o the powers and discretion
herein specifically given and conferred upon my
attorney, and notwithstanding any usage or custom
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EXllInIT "C"
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KlLISSA G. CLINB and IN THE CO~T OP COMMON PLEAS
STBPHIN S. GAUSTAD, CUMBERLAND COON'l'Y, PENNSYLVANIA
Plaintiff. I
I
JOAN G. MOORE and S. LAW GRONBR,I NO. 96-995 CIVIL TJ:RN
ATTORNEYS-IN-VACT fo~ I
HANNAH LAW GRONBR, and I
axacutors of tha I.tata of I
HANNAH LAW GRONBR, and I
ROBIRT MOORI, I
Defendant. I
STJ:PHEN L. GAUSTAD,
MELISSA GAUSTAD SHOPE,
Plaintifh
v.
I IN TO COURT OV COMMON PLEAS
I CUMBERLAND COON'l'Y, PBNNSYLVANIA
I
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I CIVIL ACTION - EQUITY
I
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I NO. 96-2649
I
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I JURY TRIAL DEMANDED
I
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JOAN G. MOORII: and SHELDON LAW
GRONBR, individually and a.
Attornays-in-pact for
Hannah Law G~onar, and
Exacutor. of the E.tate of
Hannah Law Gronarl and ROBERT
MOORB, individually and a.
Attorney for Attorney.-in-pact
and the Executors of the Estate
of Hannah Law Gronar,
Oefandante
MOTION TO CONSOLIDATE
Plaintiffs, STEPHEN L. GAUSTAD and MELISSA GAUSTAD SHOPE, by
their attorneys, Killian & Gephart, state the following in support
of this Motion to Consolidate pursuant to Pa.R.C.P. 1018,
1. Plaintiffs in the above-referenced matter are Stephen L.
Gaustad and Melissa Gaustad Shope, formerly known as Melissa
Gaustad Cline.
2. Defendants in the above-captioned matter are Joan G.
Moore, Sheldon Law Groner, and Robert Moore.
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3. Admitted.
4. Admitted. In further response it is averred that
following appropriate Notice Pursuant to Pa. R.C.P. 237.1, and no
Complaint having been filed, the action in No. 96.995 upon
Defendants' Praecipe was marked Non Pros on or about May 29, 1996.
It is further understood that on or about June 4, 1994, Plaintiffs
did file a petition to Strike and Open the Judgment of Non Pros,
and further seeking leave to correct the caption of the Complaint,
currently captioned at the Equity Docket No. 96.2649.
5. Admitted. See response to paragraph 4 which is
incorporated herein by reference thereto. It is further noted that
contemporaneously herewith, Defendant, Robert Moore, has filed
Preliminary Objections to said Complaint in Equity. In addition,
Plaintiffs have filed a Petition in an Orphans' Court proceeding,
docketed to No. 296 Orphans 1996, whereupon the court issued a
Citation on May 1, 1996, directing Respondents to file a response
to the Petition docketed therein. A response to said Petition is
being filed contemporaneously herewith to that action.
6. Denied. The action which had been entered at No. 96-995
has subsequently been subject to the filing of a Judgment of Non
Pros and subsequent filing of a petition to Strike/Open.
Accordingly, if such Petition to Strike/Open is unsuccessful, there
is no action with which the Equity matter could be consolidated.
It is acknowledged, in further response, if consolidation is to be
considered, that it arguably would be more appropriate to
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was not a related action. Respond,omt believes that PlaintijfslPetitioncrs upon advice of counsel
delennined thatlheir appropriate viable relief was in Equity and/or through the Orphan's Court and
not at law and proof to the contrary is specifically demanded if relevant
4. Denied as stated, It is admilled that :said Complaint was served on Defendant, Robert
Moore. but it is specifically and categorically denied that same set forth a meritorious cause of action
to said Complaint. Defendant. Robert Moore. did file on or about June 10, 1996 Preliminary
Objections to which Plaintiffsli'etitioners did file an Answer on or about June 27, 1996. It is
furthermore denied that the Complaint so filed set forth claims sourding in an action at law.
5. Admilled.
6. Denied as stated. It is admilled that PlaintiffslPetitioners filed a Motion to Consolidate
to which Defendant. Robert Moore, did file an Answer on or about June 10, 1996. The Answer of
Defendant, Robert Moore, to the said Motion to Consolidate is incorporated herein by reference
thereto as though fully set forth. It is furthermore denied that said docketing was erroneous, but was
intentional for the reasons as set forth in this Answer which are all incorporated herein by reference
thereto,
7. Admilled, In further response, as hereinbefore stated, Defendant, Robert Moore, did
file on or about June 10, 1996 an Answer to said Motion to Consolidate respectfully requesting the
Court to deny the said Motion.
8. Admilled.
9. It is admilled that the Non Pros was so entered and that the copy of the ten day notice
was not attached to the Praecipe. It is. however, averred that the ten day notice as required by said
2
Rule had been timely and properly provided to Plaintiffs' counsel of record The copy of
correspondence, Exhibit "Cn, which was provided to the Prothonotary the following day after the
entry of judgment speaks for itself and no further response is required or appropriate. In any event,
Defendant, Robert Moore, asserts that there was substantial and good faith compliance with said Rule
and Plaintiffs/Petitioners were not prejudiced by any technical violation thereof, if any be found.
10, Denied, It is denied that the Judgment of Non Pros should be stricken for the reasons
as set forth in reply to 119, which are all incorporated herein by reference thereto.
11. Denied, It is denied that the Judgment of Non Pros should be opened while Plaintiffs
have tiled a Petition within the time as alleged, no such copy of a Complaint was attached to the
Petition received by Defendant, Robert Moore, and, therefore, after a reasonable investigation,
Defendant, Robert Moore, is unable to determine whether or not said alleged Complaint contains a
meritorious cause of action in law, and proof thereof is specifically demanded. In further response,
Defendant, Robert Moore, has not in this Petition set forth any and/or appropriate reason or
justification or reason why a Complaint was not timely tiled within twenty days of service of the Rule
to file a Complaint as identified in 112 of the said Petition.
12. Denied as stated. Pa-R. C, P. 108 speaks for itself and no further response is
appropriate at this time with regard to interpretation of said Rule. It is specifically and categorically
denied for the reasons herein set forth that the separate and distinct Equity Action tiled by
PlaintiffslPetitioners was erroneously docketed and, thus, what is before the Court is not a correction
or erroneous and/or improper and/or incomplete docketing. Defendant. Robert Moore, further
incorporates the reasons set forth in the foregoing paragraphs of this Answer in response to 1112.
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Number 96-995, was surplusage and not a related action. Rcspondents contend that no claims
cognilabh: in an action at law wcrc availablc for thcsc Plaintiffs to pursue,
4, Dcnicd as stated, It is admillcd that the Complaint was scrvcd on Dcti:ndants and
thatthc Complaint sct forth various claims and causes of action sounding in cquity. It is dcnicd
that the Complaint sct forth claims sounding in an action at law. Thesc Dcfcndants haw filcd thcir
Answcr, dcnials and aflirmativc deti:nscs to that plcading.
5. Admittcd.
6. Dcnied as stated. It is admillcd that Plaintiffs tiled a Motion to Consolidate. These
Defendants tilcd their Answer in Opposition to thc said Motion, and incorporate herein the
averments of that response.
7. Admitted. I t is admilled that a Rule was entered and it further averred that these
Deli:ndants have answered the said Motion to Consolidate. urging the Court to deny the said
Motion.
8. Admiued. It is admilled that Dcli:ndant Robert Moore tiled a Praecipe to Enter
Judgment of Non Pros on May 29, 1996.
9. These Defendants are without knowledge or information as to the complete content
of or the attachments to the said tiling made by Robert Moore and, accordingly, can neither admit
nor deny the averment of Paragraph 9 of thc Petition.
10. Denied. It is denied that the Judgment of Non Pros should bc stricken.
11. Dcnied. It is dcnied that the Judgmcnt of Non Pros should bc opened. Plaintiffs
have tilcd and prosccuted an cquity action, dockcted to Numbcr 96-2649 Equity, togcthcr with the
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