HomeMy WebLinkAbout96-05573
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BAYARD D, JAMES, TRUSTEE
OF THE JAMES FAMILY TRUST
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTlH'
CIVIL ACTION NO, 96,5573
v,
PATRICKSMITll,lNDIVIDUALLY,
THE HOMESTEAD GROUP,INC.
RICHARD W. WALKER,INDIVIDUALLY
AND
JACK GAUGllEN REALTOR.
DEFENDANTS
JURY TRIAL DEMANDED
COMPLAINT
1. The Plaintiffs Bayard D, James, is an adult individual residing at 554 St. Johns Drive,
Camp Hill, Pennsylvania, 17011,
2, The Defendant, Patrick Smith, is an individual whose licensed to sell real e&tate and at
all times concerning this complaint was licensed with The Homestead Group, Inc" 4075 Market
Street, Camp Hill, Pennsylvania, 17011.
3, The Defendant, The Homestead Group, Inc., is a licensed real estate brokerage firm
with its principal place of business located at 4075 Market Street, Camp Hill, Pennsylvania,
17011.
4, The Defendant, Richard W, Walker, is an individual whose licensed to sell real estate
and at all times concerning this complaint was licensed with Jack Gaughen Realtor, 3800 Market
Street, Camp Hill, Pennsylvania, 17011.
5. The Defendant, Jack Gaughen Realtor, is a licensed real estate brokerage firm with its
principal place of business located at 3800 Market Street, Camp Hill, Pennsylvania, 1701 I.
6, On or about September 13, 1995, the Plaintiffs entered into an Agreement of Sale to
purchase the property at 554 St. Johns Drive, Camp Hill, Pennsylvania, 17011 from Donald and
Grace Juul for a purchase price of$135,000,OO, A copy of the Agreement of Sale and Purchase
of Real Estate is attached hereto and made a part hereof as "Exhibit A",
7, Under the Agreement of Sale the seller warranted all plumbing, heating, air
conditioning, mechanical and electrical systems and equipment and appliances would be in proper
working order at time of settlement.
8, The settlement for sale of the property located at 554 St. Johns Drive, Camp Hill,
Pennsylvania, 17011 was scheduled for Monday, November 28,1995.
WHEREFORE, the Plaintiffs demand damages from the Defendants in an amount in
excess of$20,OOO,OO.
Respectfully submitted,
Date: ~ boh7
/ I
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William T. Smith
Attorney for Plaintiff
3747 Derry Street
Harrisburg, P A 17 111
Supreme Court I.D, 06887
(717) 561-2677
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CERTIFICA TE OF SERVICE
AND NOW. this 24th day of July, 1997, the undersigned does hereby certify that she did serve
a copy of the foregoing appearance upon the other parties of record by causing same to be deposited in
the United States Mail, first class postage propaid, at Lemoyne, Pennsylvania, addressed as follows:
William T. Smith, Esquire
3747 Derry Street
Harrisburg, PA 17111
Patrick Smith
The Homestead Group, Inc.
4075 Market Street
Camp Hill, PA 17011
The Homestead Group, Inc.
4075 Market Street
Camp Hill, PA 17011
JOHNSON, DUFFIE, STEWART & WEIDNER
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Sharon L. RudV (
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Johnson, Duffie, Stewart & Weidner
By: C. Roy Weidner, Jr,
J.D. No. 19530
301 Market Street
p, 0, Box 109
Lemoyne, Pennsylvania 17043,0109
(717) 761.4540
BAYARD D, JAMES, TRUSTEE OF THE
JAMES FAMILY TRUST,
Plaintiff
v,
PATRICK SMITH, Individually, THE
HOMESTEAD GROUP, INC" RICHARD W,
WALKER, Individually, and JACK GAUGHEN
REALTOR,
Defendants
Attorneys for Defendants Richard W. Walker,
Individually and Jack Gaughen Realtor
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96-5573
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ANSWER TO PLAINTIFF'S COMPLAINT
AND NOW, this t6f:. day of August, 1997, come Defendants Richard W, Walker and
Jack Gaughen Realtor, through their undersigned attorneys, and answer Plaintiff's complaint as follows:
1,3. Admitted.
4. Denied. On the contrary, to the extent that Plaintiff is attempting to identify the individual
involved in the transaction on behalf of Jack Gaughen Realtor, it was Richard G, Webb, who was the sales
associate affiliated with Jack Gaughen Realtor that entered into the exclusive right to sell agreement for
sale of real estate with the owners,
5-8, Admitted.
9, Denied. That Patrick Smith appeared as averred where Plaintiffs were living and enticed and
coerced Mr, James into signing a document representing that they had made a final inspection of the
property where he had not is denied, in that, after a reasonable investigation, answering Defendants are
without knowledge or information sufficient to form a belief as to the truth of said averment, To the
extent that Plaintiff avers that Mr, Smith did so at the request of Mr, Walker [sic] knowing that Plaintiff
had not made a final inspection and that it would have revealed the repairs needed as averred in paragraph
10, said averment is specifically denied,
10. Denied, After a reasonable investigation, answering Defendants are without knowledge or
information sufficient to form a belief as to the truth of said averment,
11, Denied. Any averment of deception and fraud upon the Plaintiffs is specifically denied, At
aI/limes, answering Defendants acted reasonably, ethically and professionally under the circumstances,
Insofar as the expenditures averred, after a reasonable investigation, answering Defendants are without
knowledge or information sufficient to form a belief as to the truth of said averment,
13, Denied, Paragraph 11 hereof is incorporated by reference herein,
WHEREFORE, Defendants Richard W, Walker [sic] and Jack Gaughen Realtor demand that
Plaintiff's complaint against them be dismissed.
JOHNSON, DUFFIE, STEWART & WEIDNER
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:65680
VERIFICA TION
I, Karen R, Stone, Executive Vice President, verify that the statements made in the foregoing
document, which are w!thin the personal knowledge of the undersigned, are true and correct, and as to
the facts based on the information of others, the undersigned, after diligent inquiry, believes them to be
true, And further, this verification is signed on the recommendation of my attorneys, who advise me that
the statements and language in this document are required legally to raise issues for resolution at trial by
the Court. or by continuing investigation and preparation for trial. I understand that some of these
statements may prove inappropriate after investigation and trial preparation are complete, and' leave
determination of these matters to my attorneys on their advice,
Date:
i/vc;191
I understand that all statements herein are made subject to the penalties of 18 Pap C,S,A. ~ 4904,
relating to unsworn falsification to authorities, 'I /'7' '
"-it I>' /11.
. )1.., J y-jl(n(~ ~
Kar,en R, Stone, Executive Vice President
CERTIFICA TE OF SERVICE
AND NOW, this /~ay of August, 1997, the undersigned does hereby certify that she did serve
a copy of the foregoing answer upon the other parties of record by causing same to be deposited in the
United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania. addressed as follows:
William T. Smith, Esquire
3747 Derry Street
Harrisburg, PA 17111
Patrick Smith
The Homestead Group, Inc,
4075 Market Street
Camp Hill, PA 17011
The Homestead Group, Inc,
4075 Market Street
Camp Hill, PA 17011
JOHNSON, DUFFIE, STEWART & WEIDNER
BY:~~ ~
ichelle Hagy
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BAYARD D, JAMES, TRUSTEE OF
THE JAMES F AMIL Y TRUST.
Plaintiff
v,
PATRICK SMITH, Individually, THE
HOMESTEAD GROUP, INC"
RICHARD W. WALKER, Individually,
and JACK GAUGHEN REALTOR,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No,: 96,5573
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
PLEASE enter my appearance on behalf of Defendants, Patrick Smith and The Homestead
Group, Inc, with regard to the above-captioned matter.
Dated:
4,~ t?J!'i5 "1
C:\OFFICElWPWIN\DA VElENTRY A"PJlCiI
By:
REAG'R~Z
Davii, eager, sqUlre---
Attorney I.D, No, 20868
2331 Market Street
Camp Hill, PA 170 II
Attorney for Defendants
Patrick Smith and The Homestead Group, Inc,
~
CERTIFICATE OF SERVIn;
AND NOW, this bay of August, 1997, the undersigned does hereby certify that he
did serve a copy of the foregoing Answer upon the other partics of record by causing same to be
dellosited in the United States Mail, first class postage prcpaid, at Camp Hill, Pennsylvania,
addressed as follows:
William T, Smith, Esquire
3747 Derry Street
Harrisburg. P A 17111
C, Roy Weidner, Jr,
JOHNSON, DUFFIE, STEWART & WEIDNER
30 I Market Street
P,O, Box 109
Lemoyne, PA 17043,0109
By:
C:\OFFICE\WPWIN\D^ VElANSCOMI'I..IIGI 5
aVI ,eager, squire
Attorney I.D, No, 20868
2331 Markct Street
Camp Hill, PA 17011
Attorney for Defendants
Patrick Smith and The Homestead Group, Inc,
.1
v,
. IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
: No,: 96,5573
BAY ARD D, JAMES, TRUSTEE OF
THE JAMES FAMILY TRUST,
Plaintiff
PATRICK SMITH, Individually, THE
HOMESTEAD GROUP, INC.,
RICHARD W, WALKER, Individually,
and JACK GAUGHEN REALTOR,
Defendants
. CIVIL ACTION - LAW
. JURY TRIAL DEMANDED
DEFENDANTS. PATRICK SMITH find TIlE HOMESTEAD GROUP, INC.'s
ANSWER TO PLAINTIFF'S COMPLAINT
AND NOW, this ~\tn day of August, 1997, come Defendants Patrick Smith and The
Homestead Group, Inc,. through their undersigned attorneys and answer Plaintiff's Complaint as
follows:
I, Admitted,
2, Admitted,
3, Admitted,
4, Denied, It is believed that Plaintilr intends to identity the individual as Richard G,
Webb who is a sales associate affiliated with Jack Gaughen Realtor,
5, Admitted,
6, Admitted,
7, Admitted,
8, Admitted,
9, Admitted in part and denied in part, While it is admitted that Defendant, Patrick
Smith, met with Plaintiff on Friday, November 24. 1995, it is specifically denied that the meeting
was for the purpose of enticing or coercing Plaintiff into signing any document. In further answer
thereto, it is averred that Plaintiff advised Defendant, Patrick Smith, that he had been to the property
on many occasions and did not wish to make an additional inspection,
10, Denied, After a reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of said averment.
11. Denied, Defendants specifically deny any deception or fraud on the part of Plaintiff,
In further answer thereto, with regard to the listed expenditures, Defendants are without knowledge
or information sufficient as to form a belief as to the truth of said averment and proof of same is
demanded at trial.
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13, Denied, It is specifically denied that Defendants acted in an unethical or
unprofessional manner.
WHEREFORE, Defendants, Patrick Smith and The Homestead Group, Inc, demand that
Plaintiffs Complaint against them be dismissed,
By:
Dated: A.,"H'" f ./5<17
a VI ,eager,
Attorney I.D, No, 2
2331 Market Street
Camp Hill, PA 17011
Attorney for Defendants
Patrick Smith and The Homestead Group, Inc,
C:IOFFICEIWPWINlDA VElANSCOMPLJIGI 2
VERIFICATION
I, Michael J, Greene, President of The Homestead Group, Inc" verify that the statements
made in the foregoing document, which are within the personal knowledge of the undersigned. are
true and correct, and as to the facts based on the informatIOn of others, the undersigned, after diligent
inquiry, believes them to be true, And further, this Verification is sij,lned on the recommendation of
my attorneys, who advise me that the statements and languaj,le in thiS document are required legally
to raise issues for resolution at trial by the Court, or by continuing investigation and preparation for
trial, I understand that some of these statements may prove inappropriate after investigation and trial
preparation are complete, and I leave determination of these matters to my attorneys on their advice,
I understand that all statements herein are made subject to the penalties of 18 Pa, C.S,A.
94904, relating to unsworn falsification to authorities,
By:
Dated: 8/a/91
,
C:\OFFICElWPWlN\D^ VElANSCOMI'LJlOl 3
VERIFICATION
I, Patrick Smith, verifv that the statcments made in the foregoing document, which are within
Ihe personal knowledge of ihe undersigned, are true and correct, and as to the facts based on the
information of others, the undersigned, after diligent inquiry, believes them to be true. And further,
this Verification is signed on the recommendation of my attorneys, who advise me that the
statements and language in this document are required legally to raise issues for resolution at trial
by the Court, or by continuing investigation and preparation for trial. I understand that some of
these statements may prove inappropriate after investigation and trial preparation are complete, and
I leave determination of these matters to my attorneys on their advice,
I understand that all statements herein are made subject to the ~enalties of 18 Pa, C,S,A.
94904, relating to unsworn falsification to authorities,
Dated:
A..; :I /[$.,
~~
C:IOFFICEIWPWIN\DA VElANSCOMl'l..IlOl 4
,
BA YARD D. JAMES, TRUSTEE
OF TilE JAMES FAMILY TRUST
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
v,
CIVIL ACTION NO, 96-5573
PATRICK SMITH, INDIVIDUALLY,
TilE HOMESTEAD GROUP, INC,
RICHARD G. WEBB, INDIVIDUALLY
AND
JACK GAUGHEN REALTOR.
DEFENDANTS
JURY TRIAL DEMANDED
AMENDED COMPLAINT
I, The Plaintiffs Bayard D, James, is an adult individual residing at 554 St. Johns Drive,
Camp Hill, Pennsylvania, 17011.
2, The Defendant, Patrick Smith, is an individual whose licensed to sell real estate and at
all times concerning this complaint was licensed with The Homestead Group, Inc" 4075 Market
Street, Camp Hill, Pennsylvania, 17011.
3, The Defendant, The Homestead Group, Inc" is a licensed real estate brokerage firm
with its principal place of business located at 4075 Market Street, Camp Hill, Pennsylvania,
1701 I.
4, The Defendant, Richard G, Webb, is an individual whose licensed to sell real estate
and at all times concerning this complaint was licensed with Jack Gaughen Realtor, 3800 Market
Street, Camp Hill, Pennsylvania, 17011.
5, The Defendant, Jack Gaughen Realtor, is a licensed real estate brokerage firm with its
principal place of business located at 3800 Market Street, Camp Hill, Pennsylvania, 1701 I.
6, On or about September 13, 1995, the Plaintiffs entered into an Agreement of Sale to
purchase the property at 554 St. Johns Drive, Camp Hill, Pennsylvania, 1701 I from Donald and
Grace Juul for a purchase price of$135,000,OO, A copy of the Agreement of Sale and Purchase
of Real Estate is attached hereto and made a part hereof as "Exhibit A",
7, Under the Agreement of Sale the seller warranted all plumbing, heating, air
conditioning, mechanical and electrical systems and equipment and appliances would be in proper
working order at time of settlement.
8, The settlement for sale ofthc property locatcd at 554 St. Johns Drive, Camp Hill,
Pennsylvania, 1701 I was scheduled for Monday, Novembcr 28,1995,
WHEREFORE, the Plaintiffs demand damages from the Defendants in an amount in
excess of $20,000,00,
Respectfully submitted,
Date:
7 h If 7
/ I
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William T. Smith
Attorney for Plaintiff
3747 Derry Street
Harrisburg, PA 171 I I
Supreme Court I.D, 06887
(717) 561-2677
AFFIDA VIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
Personally appeared before me, a Notary Public in and for the above County, Bayard D, James,
Trustee of the James Family Trust, who deposes and says that the facts set forth in the within
AMENDED COMPLAINT are true and correct to the best of his knowledge, information and
belief
Subscribed and sworn to before me this?'~ day of t2_u',t.t...4 ,:/ , 1997,
./
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4.J1. tf 4d. ,-
NOTARY PUBLIC~
My commission expires: /.;l
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NQT...R1Al 5E"\
PAULA A. WYO!tA, t~ory p",Oltc
HonhburQ. Dauphin County, PA
lit( Com.."'. E>qll... Do<- ~. :zooo
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Amended
Complaint was served concurrently upon the following person(s) by depositing the same
in the United States mail, first class, postage prepaid, in Harrisburg, Pennsylvania, on this
date:
Patrick Smith
C/O The Homestead Group, Inc
4075 Market Street
Camp Hill, PA 17011
Richard G, Webb
C/O Jack Gaughen Realtor
3800 Market Street
Camp Hill, PA 17011
THE HOMESTEAD GROUP, INC
4075 Market Street
Camp Hill, PA 1701 I
JACK GAUGHEN REALTOR
3800 Market Street
Camp Hill, PA 1701 I
Date: ?)!fl
I
'-~ ~9 -e
William T, Smith
Attorney for Plaintiff
LD, #06887
3747 Derry Street
Harrisburg, PA 1711 I
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CERTIFICA TE OF SERVICE
AND NOW, this 2"" day of September, 1997, the undersigned does hereby certify that she did
serve a copy of the foregoing answer upon the other parties of record by causing same to be deposited in
the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
William T, Smith, Esquire
3747 Derry Street
Harrisburg, PA 17111
David W, Reager, Esquire
Reager & Adler, P.C,
2331 Market Street
Camp Hill, PA 17011
JOHNSON, DUFFIE, STEWART & WEIDNER
By: ~htuulY; ~
Sharon L. Ruci0
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BAYARD D, JAMES, TRUSTEE OF
THE JAMES F AMIL Y TRUST,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No,: 96-5573
: CIVIL ACTION, LAW
: JURY TRIAL DEMANDED
v,
PATRICK SMITH, Individually, THE
HOMESTEAD GROUP, INC"
RICHARD W, WALKER, Individually,
and JACK GAUGHEN REALTOR,
Defendants
DEFENDANTS, PATRICK SMITH and THE HOMESTEAD GROUP. INC.'s
ANSWER TO PLAINTIFF'S AMF:NOEO COMPLAINT
AND NOW, this ~lday of September, 1997, come Defendants Patrick Smith and The
Homestead Group, Inc" through their undersigned attorneys and answer Plaintiff's Complaint as
follows:
I. Admitted,"
2, Admitted,
3, Admitted,
4, Admitted,
5, Admitted,
6, Admitted,
7, Admitted,
8, Admitted,
9, Admitted in part and denied in part, While it is admitted that Defendant, Patrick
Smith, met with Plaintiff on Friday, November 24, 1995, it is specifically denied that the meeting
was for the purpose of enticing or coercing Plaintiff into signing any document, In further answer
thereto, it is averred that Plaintiff advised Defendant, Patrick Smith, that he had been to the property
on many occasions and did not wish to make an additional inspection,
10, Denied, After a reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of said averment,
11. Denied, Defendants specifically deny any deception or fraud on the part of Plaintiff,
In further answer thereto, with regard to the listed expenditures, Defendants are without knowledge
or information sufficient as to form a belief as to the truth of said averment and proof of same is
demanded at trial.
13, Denied, It IS specifically denied that Defendants acted In an unethical or
,
VERIFICATION
I, Patrick Smith, verify that the statements made in the foregoing document, which are within
the personal knowledge of the undersigned, are true and correct, and as to the facts based on the
information of others, the undersigned, after diligent inquiry, believes them to be true, And further,
this Verification is signed on the recommendation of my attorneys, who advise me that the
statements and language in this document are required legally to raise issues for resolution at trial
by the Court, or by continuing investigation and preparation for trial. I understand that some of
tnese statements may prova inappropriate after investigation and trial preparation are complete, and
I leave determination of these matters to my attorneys on their advice,
I understand that all statements herein are made subject to the penalties of J 8 Pa, C,S,A.
~4904, relating to unsworn falsification to authorities,
Dated:
9/8197
I .
,
C:IOFFICE\WPWINIHGI\SMITHANS.AMD 4
CERTIFICATE OF SERVICE
AND NOW, this ft~ay of September, 1997, the undersigned does hereby certifY that
hc did serve a copy of the orcgoing Answer upon the other parties of record by causing same to
be deposited in the United States Mail, first class postage prepaid, at Camp Hill, Pennsylvania,
addresscd as follows:
William T, Smith, Esquire
3747 Derry Street
Harrisburg, P A 17111
C, Roy Weidner, Jr,
JOHNSON, DUFFIE, STEWART & WEIDNER
30 I Market Street
P,O, Box 109
Lemoyne, PA 17043.0109
By:
REAGER & ADLER, P,~,
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aVI ,Reager, squire
Attorney I.D, No, 20868
2331 Market Street
Camp Hill, PA 17011
Attorney for Defendants
Patrick Smith and The Homestead Group, Inc,
.
C:IOFFICElWPWIN\HCIISMITHANS,AMD 5
. '
Johnson, Duffie, Stewart & Weidner
By: C, Roy Weidner, Jr,
1.0, No, 19530
30 J Market Street
p, 0, Box 109
Lemoyne, Pennsylvania 17043.0109
(7 17) 761-4540
Attorneys for Richard W, Walker, Individually and
Jack Gaughen Realtor
BAYARD D, JAMES, TRUSTEE OF THE
JAMES FAMILY TRUST,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96.5573
Plaintiff
v,
CiVIL ACTION. LAW
PATRICK SMITH, Individually, THE HOMESTEAD
GROUP, INC" RICHARD W, WALKER,
Individually, and JACK GAUGHEN REALTOR,
JURY TRIAL DEMANDED
Defendants
PRAECIPE TO SETTLE, SA TISFY AND DISCONTINUE
AND NOW, this /111: day of September, 1998, please mark the above captioned action
settled, satisfied and discontinued, including all counterclaims, crossclaims and joinders of additional parties,
LAW OFFICE OF WILL~TH Q
BY:~ _
William T, Smith
Attorney for Piaintiff
ART & WEIDNER
By:
:114445
C, Roy eidner, Jr,
Attorney , , Walker and
Jack Gaughen Realtor
..
SON, DUFFIE, STEWART & WEIDNER
CERTIFICA TE OF SERVICE
AND NOW, this Q~~ay of September, 1998, the undersigned does hereby certify that she did this
date serve a copy of ths foregoing document upon the other parties of record by causing same to be deposited
in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
William T, Smith, Esquire
3747 Derry Street
Harrisburg, PA 17111
David W, Reager, Esquire
Reager & Adler, PC
2331 Market Street
Camp Hill, PA 17011.4642
By
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