The URL can be used to link to this page

Home My WebLink About03-0164 II cl~js~m,'~tla~ Q3~writ.sum[1/9/03 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MatJag Enterprises, LLC, Plaintiff Defendants Louise Canaan and Louise Lowman, q ~z~.L'~-~_ /)u Civil Action - Equity No. a~ /c,V ~_.~,]L/'7"'~- PRAECIPE FOR WRIT OF SUMMON~ To Curtis R. Long, Prothonotary: Please issue a writ of summons in the above-captioned matter against Defendants and enter my appearance for the Plaintiff. SHARP ,G', LE -,&,S~,RPE / ~257 Lincoln Way East Chambersburg, PA 17201 (717) 263-8447 Sup. Ct. I.D. No. 37505 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS MATLAG ENTERPRISES LLC Plaintiff Vs. Court of Common Pleas No. 03-164 CIVIL TERM In CivilAction-Law LOUISE CANAAN AND LOUISE LOWMAN 9 BROOKSIDE AVENUE SHIPPENSBURG PA 17257 Defendant To LOUISE CANAAN AND LOUISE LOWMAN You are hereby notified that MATLAG ENTERPRISES LLC the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date JANUARY 10, 2003 Attorney: Name: J MCDOWELL SHARPE Address: 257 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 CURTIS R. LONG Prothonotary Deputy Attorney for: Plaintiff Telephone: (717)263-8447 Supreme Court ID No. 37505 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Matlag Enterprises, LLC, : Plaintiff : Louise Canaan and Louise Lowman, Defendants Civil Action - Law PRAECIPE FOR LIS PENDENS i~ To Curtis R. kon§, Prothonotary: i' Please enter a lis pendens in favor of the Plaintiff and against Defendants I on the fo,owing property: 9 Brookside Avenue, Shippensbur§, Cumberland County, Pennsylvania. S ABL~E SHARPE 4'~McOowelt gfiarpe / /Counsel for PlaintiffiJ /257 Lincoln Way East Chambersburg, PA 17201 (717) 263-8447 Sup. Ct. I.D. No. 37505 SHERIFF'S RETURN - OUT OF COUNTY g~SE NO: 2003-00164 p COMMON-WEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MATLAG ENTERPRISES LLC VS CANAAN LOUISE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CANAAN LOUISE but was unable to locate Her deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS in his bailiwick. He therefore County, Pennsylvania, to On February 7th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County Mileage 18.00 9.00 10.00 36.50 13.80 87.30 02/07/2003 R~. Thoma s--K1 i~-e z Sheriff of Cumberland County SHARPE GABLER SHARPE Sworn and subscribed to before me this ~%? day of J~ / ~0~33 A.D. ~ f Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00164 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MATLAG ENTERPRISES LLC VS CANAAN LOUISE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LOWMAN LOUISE but was unable to locate Her deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS in his bailiwick. He therefore County, Pennsylvania, to On February 7th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 02/07/2003 Sheriff of Cumberland County SHARPE GABLER SHARPE Sworn and subscribed to before me this ~2~ ~' day of ~~ A.D. Prothonotary' ' Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW: February 4, 2003 WRIT OF SUMMONS CANAAN LOUISE to LOUISE LOWMAN AKA LOUISE CANAAN of the original WRIT OF SUMMONS to him/her the contents thereof at 1948 RUDY ROAD HARRISBURG, PA : MATLAG ENTERPRISES INC vs : CANAAN LOUISE Sheriff's Return No. 0238-T - - -2003 OTHER COUNTY NO. 03 164 at 10:15AMserved the within upon by personally handing 1 true attested copy(les) and making known 17111-0000 Sworn and subscribed to before me this 4TH day of FEBRUARY, 2003 PROThONOTARy SO Answers, Sheriff of Dauphin CDu~ty, Pa Sheriff's Costs: $36.50 PD 01/29/2003 RCPT NO 174791 MP Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:February 4, 2003 WRIT OF SUMMONS LOWMAN LOUISE to LOUISE LOWMAN of the original : MATLAG ENTERPRISES INC vs : CANAAN LOUISE Sheriff's Return No. 0238-T - - -2003 OTHER COUNTY NO. 03 164 at 10:15AMserved the within upon by personally handin9 1 true attested copy(les) WRIT OF SUMMONS and makin~ known to him/her the contents thereof at 1945 RUDY ROAD HARRISBURG, PA 17111-0000 Sworn and subscribed to before me this 4TH day of FEBRUARY, 2003 PROTHONOTARY So Answers, S r±%of Da uphi Sheriff's Costs:S36.50 PD 01/29/2003 RCPT NO 174791 MP ~'n The Court of Common ?lleas of Cumberland County, Pennsylvania Matlag Enterprises LLC VS. Louise Canaan et al SERVE: LouSse Lo. nan 03-164 civil No. Now, JanuarY 24, .2003 ., I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within Affidavit of Service ,20 ., at o'clock M. served the upon by handing to a and made known to copy of the ori~_4nal the contents thereof. So answers, Sheriff of County, PA SWorn and subscribed before me this ~ day of ,20 COSTS SERVICE AFFIDAVIT ,~h .The Court of Common Pleas of Cumberland County, Pennsylvania Matla§ Enterprises LLC VS. Louise Canaan et al SERVE: Louise Canaan 03-164 civil NO. Now, JanuarY 24, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within Affidavit of Service ,20 , at o'clock M. served the upon by handing to a and made known to copy of the ori~nal So answers, the contents thereof. Sworn and subscribed before me this ~ day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT cl\js~matlag.0~\complain~3/27/03 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Matlag Enterprises, LLC, Plaintiff Louise Canaan and Louise Lowman, Defendants Civil Action - Equity No. 2003-00164 Civil Term Action for Specific Performance NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following page, 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 claims 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 OUT WHERE YOU CAN GET LEGAL iHELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: 1-717-249-3166 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans With Disabilities Act of 1990. For info,rmation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact the office of the Court Administrator. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. cl\js\matlag. O~\co~ )lain\3/27/03 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Matlag Enterprises, LLC, Plaintiff Louise Canaan and Louise Lowman, Defendants Civil Action - Equity No. 2003-00164 Civil Term Action for Specific Performance COMPLAINT FOR SPECIFIC PERFORMANCF NOW COMES the Plaintiff, Matlag Enterprises, LLC, by and through its attorneys, Sharpe, Gabler & Sharpe, and files the following complaint seeking specific performance against Defendant Louise Canaan now by marriage Louise Lowman of which the following is a statement: Plaintiff Matlag Enterprises, LLC (hereafter "Matlag") is a Pennsylvania limited liability company with its place of business at 3768 Mayfield Lane, Chadds Ford, Pennsylvania. Defendant Louise Canaan, now by marriage Louise Lowman, is an adult individual residing at 1948 Rudy Road, Harrisburg, Pennsylvania. Louise Canaan, now by marriage Louise Lowman, (hereinafter "Lowman") is the owner in fee simple of real estate located at 9 Brookside Drive, Shippensburg, Cumberland County, Pennsylvania (hereafter the "Real Estate"). Matlag and Lowman entered into an agreement of sale for Lowman to sell and Matlag to buy the Real Estate on August 28, 2002. A true and correct copy of this agreement is attached hereto as Exhibit "A" and hereby incorporated herein by reference. Matlag and Lowman subsequently amended the agreement in writing on October 28, 2002. A true and correct copy of this amendment is attached hereto as Exhibit "B" and hereby incorporated herein by reference. Under the terms of the agreement, as amended, settlement was to occur ..ii on or before December 31, 2002. All conditions precedent for performance were performed by Matlag. A settlement package was sent to Lowman, containing documents for her to sign to the settlement agent in order to obtain the balan, ce of the purchase price. Despite demand, Lowman has refused to perform. 10. Under the agreement of sale, the prevailing party is entitled to collect reasonable attorney's fees. At this stage of proceeding, the sum of $500.00 is a reasonable attorney's fee. 11. The agreement permits specific performance as a remedy and plaintiff has no adequate remedy at law. WHEREFORE, Plaintiff Matlag Enterprises, LLC, respectfully requests this Court to enter a decree ordering the specific performance of the agreement of sale, grant plaintiff its costs, including reasonable attorney's fees, and such other relief as is warranted under the circumstances. SHA~AB[,ER ~HARPE /Att/ 25 ~ rl~ neYc ~ i fnO rwP2~i nEt2f~t Chambersburg, PA 17201 (717) 263-8447 Sup. Ct. I.D. No. ~]003 i'mi.. 'Ja!~ * · ' Vim) ' ' , I&), e~,~mm. ~ JM ~lamlaltlk ggmpl~ , ,,.,.,a~ ~ ml.~H~ a~ m ra~ t2-$3-82 14,:15 RECEIVED FROM:S/.8 358 4-4,2 2 12/26/02 THtT 16:40 FAX ~oo~ ~)tC-0~--20(~:2 ~ -'27 PI'I r- KUH~ t p K'UHN &~a ~58 4422 REC~rV~'D FROH:61/g 3~i~ 44.22 12/26/02 THU 1.6:41 FAX ~'~-05-2~2 ~! :29 PPI ~ KUNN & p KOHN .............................. . .........., , . 610 ~58 442~ AI~NT TO',~I~EEMENT OF SALE ~005 B-ETWEEN /.,Of./l~ C4A',4,4ffore/.OL'I~/,O~f,4N of 9 Brooksidc Avenue. Shippembur$, Cumberbmd County, he~mtftet refened to as ~he Seller· MATLAG£NTEIU'.V, ISF~,, LLC;, OF Pmnsylvan/a..hereinafter refmrred to as ~he ~uyer, WITNESSETI'{ that/'or and in conaideration for th~ sum et'Si 1.,000.00 and inmnding to be I~gally bound hcred~y, the abeve captioned patties agree to amend their Agreement of Sale dasd Augu~ 28, 2002 as follow~: 'Under the lgtm$ oft. be Agreement o£ SaJe dalcd Augmt 28, 2002, settlement was to be held on or before October % 2002 and the Purehmc Price was to be $11,000.00 The new settlement date shall be he}d wi. thin Thirty (30) daN of obta~ng clem' title for the premises. And, Thc new Total Ptu~ha~ PrJc~ ,~all be S8,000.00 Und= thc terms of the Agreement of Sale dated August 28, 2002, Settlement was to be held on or before Ootobe~ 7, 2002 and the Ptttohase Price was to be S11,000 The paragraph immediately above is to be amended as folloWS. T~e new SetU~menl da~e shtO! be on. or before December 3 I. 2002. And, the Total Purchaze Price will be $8,000.00 Ail other terms and conditions of ~ l~rtic~ as mote fidly Sale dated August 28, 2002, skill remain in full fon~ m~d l]q WITNESS WHBRF_~F, the sa~d parties have h~muflto ~t their hands and seals t~s 28th day of Oel~be~, 2002. WITNESSETH; ~,~,.~ r'f,b~{se Lowaum. Seller · MaUag Emcrprises, LLC 0,:6rge~u~, Memb-ei· 12 -03-O2 14:18 REOE I VED FRON:61D 35B 4422 P.~4. HRR ~6 2003 1 2: '~OPM HP LRSER3ET 3200 p.5 I hereby verify that ! am a member of Matlag EnterPrises, LLC and further that the statements mede in this instrument are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of perjury contained in 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I hereby certify that this 3rd day of April, 2003, I have served a copy of the foregoing instrument upon the following person(s) by forwarding the same by first class, United States mail, postage pre-paid, addressed as follows: Ms. Louise Lowman 1948 Rudy Road Harrisburg, PA 17104 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Matlag Enterprises, LLC, Plaintiff, Vo Louise Canaan and Louise Lowman, Defendant Civil Action - Equity No. 2003-00164 Civil Term Action for Specific Performance ANSWER TO COMPLAINT AND NOW, comes the Defendant, Louise Canaan, also known as, Louise Lowman, by her attorney, William T. Smith, Esquire, and files the following Answer to Plaintiff's Complaint for specific performance. 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. On the contrary, Defendant never signed the alleged Agreement of August 28, 2002, and any signature thereon is not the signature of Defendant. 5. Denied. On the contrary, Defendant never signed the alleged Amended Agreement of August 28, 2002, and any signature thereon is not the signature of Defendant. 6. Denied. On the contrary, as previously stated in paragraphs 4 and 5, there was no Agreement of Sale. 7. Denied. On the contrary, since there was no Agreement, there was no conditions for it to be performed by anyone. 8. AdmiRed in part; denied in part. It is admitted that a settlement package was sent to Lowman. It is denied that she agreed to settle on the property. On the contrary, there was no Agreement, and therefore, she was not required to sell the property to the Plaintiff. 9. Admitted. It is admitted that Lowman has refused to perform because there was no valid Agreement of Sale. 10. Denied. On the contrary, since there was no Agreement, there are no attorney fees payable. 11. Denied. On the contrary, Defendant avers that there is no Agreement, and therefore, no specific performance allowed. WHEREFORE, Defendant respectfully requests this Honorable Court to enter an Order dismissing the suit and such other relief as is warranted under the circumstances. Dated: Respectfully Submitted: William T. Smith, Esquire 3747 Derry Street Harrisburg, PA 17111 (717) 561-2677 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. LOUISE LOWMAN, a/k/a LOUISE CANAAN C:LMYFILES2001L4~A Forms\Civil SuitsLA Verifiealion. wpd CERTIFICATE OF SERVICE I, William T. Smith, Esquire, hereby certify that on the date set forth below I served a tree and correct copy of the foregoing document upon the person(s) stated below, via hand-delivery, addressed as follows: J. McDowell Sharpe, Esquire 257 Lincoln Way East Chambersburg, PA 17201 Date: '~ /(2)~ William T. Smith Attorney I.D. # 06887 3747 Derry Street Harrisburg, PA 17111 (717) 561-2677 Attorney for Defendant CSMYFILES200 BAA Forms\Civil Suits~ACerlflorv.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Matlag Enterprises, LLC, Plaintiff C'v'l Action - Equity Louise Canaan and Louise Lowman, Defendants No. 2003-00164 Civil Term Action for Specific Performance PRAECIPE TO DISCONTINUE To Curtis R. Long, Prothonotary: Please discontinue the above action at tlhe instance of Plaintiff. / CERTIFICATE OF SEIRVICE I hereby certify that this j~j"j~ day of _~I. JN~ , 2004, I have served a copy of the foregoing instrument upon the following person(s) by forwarding the same by hand delivery, addressed as follows: William T. Smith, Esq. 3747 Derry Street Harrisburg, PA 17111