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Home My WebLink About98-04527 I I . I ~\ I I ~. i \ ~' g ~ ~ ., '{ \.j ~, ~' \! ~ ~ ~ 'd ~ f ~ , ; I ~\ ~\ I 1 - ;:) - C)i ~\ "ll \t), ::r-I I ) I ' ~ lj-. ~\ - I . ;.' .:.:....';~:'..'.':,:::~.:}.~,:::~,..:- ,<':~"~."'" "';""~~i~~'--'~~ ~~;":"", ,_'-":, ",' '.', , LAW OFPIces ~0,: SAlDIS, GUlDO, SIIUFF & MASLAND ;t;',16W.1II0H STRBllT 1109 MARKI!TSTRF.I!T r::i -,CARUSLE.PA 17013 cAMI'IIIU.:rA 17011 ;iY':;'I'HONB(717)W-6l11 rlfONB (717) 7)7.Wll '>':i', :'0:' CERTIFIED COPY: or.tr1?:-nOCKEY-,fim -.-.. " JEAN L. ROCKEY, Pl<lintiffs v. INTIm-C'OtmT\'Jrt:'OMMcm ilr;Il11m CUMBERLAND COUNTY, PENNSYLVANIA NO. 98 - 115;;') CIVIL TERM CIVIL ACTION - LAW HOWARD C. GALE DEVELOPMENT COMPANY, INC., Defendant JURY TRIAL DEMANDED 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 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 OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Asscciation 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SAlOIS, SHUFF & MASLAND ; - I/O Date: 0 -2 -ft.;; By:'" , ._L0. ~n. . l' M rk W. Allsho se, Esquire S reme Court ID # 78014 26 West High Street CarliSle, PA 17013 (717) 243-6222 and John E. Slike, Esquire Supreme Court ID # 06262 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Counsel for Plaintiff SAlOIS, SHUFF & MASLAND ATIOP.NEVS.ATIL\W 26 W. High Slreet Carlisle, PA , '. ',', .' :. ~', ' , ';<", ': _" " '. .::' ',., ':::' '.: t_' & :, \," '.' .', '.' , '__ ".' ,0:. ' , '\ r HAROLD R. ROCKEY and JEAN L. ROCKEY, Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98- 'is;:}! CIVIL TERM CIVIL ACTION - LAW HOWARD C. GALE DEVELOPMENT COMPANY, INC., Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiffs, by and through their attorneys SAIDIS, SHUFF & MASLAND, and represents as follows: 1. Plaintiff Harold R. Rockey and his wife, Jean L. Rockey are adult individuals residing at 522 Joyce Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant Howard C. Gale Development Company, Inc. is a pennsylvania corporation with a principal place of business located at 105 Fairway Drive, Camp Hill, Cumberland County, Pennsylvania. COUNT I 3. On or about July 1, 1996, Plaintiffs and Defendant entered into an agreement whereby the Defendant agreed to erect and sell, and Plaintiffs did agree to purchase, a ranch style house at 530 Fairway Drive, Country Club Park, Camp Hill, SAlOIS, SHUFF & MASLAND A1TORNEYS'AT'U.W 26 W. High Street Carlisle, PA Cumberland County, Pennsylvania, 17011. 4. The purchase price for the home was $165,000.00, with a deposit of $16,000.00 paid by Plaintiffs on July 2, 1996 and the balance of $149,000.00 being due at settlement on or before 2 SAlOIS, SHUFF & MAS LAND A1i'ORNEVS.ATol.AW 26 W. High Street Carlisle. PA October I, 1996. A copy of the agreement of nale i fJ attached afJ Exhibit "A" and is hereby incorporated by reference, 5. After the initial agreement of (1111(" Plilintiffo realized they would need more room to accomrnodate nome of their furniture and agreed to pay an additional $1~,390.00 tor a 14 x 12 foot addition. This amount was reflected in iI c1wnge order executed by Plaintiffs and Defendant on .JII] y lIi, 199'1, II copy of which is attached as Exhibit "B" and ifJ hen,hy incOl:pOl:ated by reference. 6. At the time of execution at tile cll<1n~.le order, Plaintiffs paid 10 percent of the coot of tile [ll:oponed addition being $1,239.00 and thereafter also purchafJed cct:tain items which were incorporated into the house valued at $1,%0.00 making their total deposit $19,199.00. 'I. Plaintiffs and Defendant entered into the agreement of sale and subsequent change order with the full and mutual understanding that Plaintiffs' ability to purchase was conditioned on Plaintiffs selling their current property in order to have the funds necessary to complete the purchase of the property located at 530 Fairway Drive, Camp Hill from Defendant. 8. After a reasonable effort to sell their current residence, Plaintiffs were unsuccessful in selling their house, and therefore did not have the necessary funds to complete the purchase of Defendant's house. 9. The Agreement of Sale contains no forfeiture provision regarding money previously deposited. 3 WHEREFORE, P1"intiUo demand JUd'JIll"'lt in tlil'! I' lllvor ilnd against Defendant in the amount 01 019,199.00 toqether with interest and costu and ouch otlWl' and 11l1"th"I' n~l iol an the court deems just and appropriate. ~tJ!ITJ):J;' Subsequent Oral Modification 16. The averment Il of piJraCJl'aphn 1 through 15 arc hereby incorporated by reference an if net forth in full. 17. Subsequent to the execution of the Agreement of Sale and/or the change order, Plaintiffn and Defendant did enter into an oral contract conditioning the sale of the new property upon Plaintiffs' ability to sell their current residence. 18. This oral cont ract between the two created a modification to the original Agreement which contained no express provisions regarding forfeiture. 19. Despite demand, Defendant has, in breach of contract, refused to refund any of Plaintiffs' money and has retained ownership of the house. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendant in the amount of $19,199.00 together with interest and costs and such other and further relief as the court deems just and appropriate. SAlOIS, SHUFF & MAS LAND AlTORNEYS.AT-LAW 26 W. High Street Carlisle, PA COUNT IV Quantum Meruit 20. The averments of paragraphs 1 through 19 are hereby incorporated by reference as if set forth in full. 5 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to t;he penaltj.es cf 18 r~a. C.S. !l 4904, relating to unsworn falsification to authorities. / DATED: :juG1 Q~k 1 '1 C\ Cr, I j ~ SAlOIS, SHUFF & MASLAND A1TORNEY!;.AT.UW 26 W. HIgh Slreet Carlisle. PA ,','." .,'" J'! ~ :. .~' . '..~' ','. ~ . ',:"il,: ......",j,.".' .' /'.". "_ _ - ".', . . VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the per,alties of 18 ;Ja. C.S. !i 4904, relating to unsworn falsification to authorities. 'J 1 DATED: /' :-":"1 /J y '...," .J;2 /7'173 Jf ).) f } [, Ie.}" crc.!i1.L'- R. Rockey SAID IS, SHUFF & MASLAND A1TORNEYS-AT_U.W 26 W. High Street Carlisle. PA >. ..:t '>- cr; c:: , j::."- U_IQ C1'I " - , '. R;:" .- ,) .' I~t J: , c) ~~ ~ , .- "r c: , -- \0 ) 0' . " " l..UI. I . - _.- L:., C" . u: " , j:~ .....: ,,- tL r,,") . ) 0 C;r", U )v .\ i ~~~ ~ ~ ~ 0,' '\ ~ N ,- RJ' ...,~ ~ \J) ~ \ ~ 'G .~ '<- , ~ ~ ~ ~ "- '\:} -J'- "I ~ ~ ~ '\.. ''=t .~ . ~l SHERIFF'S RETURN - REGULAR CASE NO: 1996-04527 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROCKEY HAROLD R ET AL VS. GALE HOWARD C DEVELOPMENT CO KATHY CLA~KE , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon GALE HOWARD C DEVELOPMENT COMPANY defendant, at 12:44 HOURS, on the 2nd day of Seotember the 19~ at C/O JULIE A. GALE (PRESIDENT) CAMP HILL, PA 17011 105 FAIRVIEW DR , CUMBERLAND County, Pennsylvania. by handing to JULIE A. GALE a true and attested copy of the NOTICE AND COMPLAINT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.68 .00 6.00 So ans;;;'i ~ <~;.;:/< ~~ H. amas 1ne, erl.!! $3~.6B SAlOIS. GUIDO, SHUFF & MASLAND 09/03/1998 by (od~L<(y (e~Zf Sworn and subscribed ~ before me this SAd day of ~:tu,J!L.' 19 c;r A.D. Cl",.l- C ntJi1"v A {J",.;, V I ~rothonotary' .~ ... ...,~ ......"...'.~..."..... is therefore dcnicd, and ifmatcrial. pfOofthcn:ofis dcmandcd allrial. 7. Dcnied: neither the Agrccmcnt of Salc hctwccn thc parties markcd "Exhibil "A" nor lhe change order marked Exhibit "13" conditions the purchasc onl'laintilTs selling their current property as averrcd; any modification of said Agrccmcnt or change order would therefore have to have bccn an oral modification made betwcenthe Plaintiffs and Howard C. Gale, President of Defcndant HOII'Jlrd C. GJllc Development Company, Inc.; said Howard C. Gale died on January 19, 1998; as a result any potential evidence of any oral modification of the contract is barred from this litigation by 42 Pu. C.S.A. ~5930. 8. Denied; the information concerning the avermcnts of paragraph 8 is within the exclusive control of the Plaintiffs, the Defendant is therefore without sufficient knowledge or information to form a belief as to the tmth of thcse averments, and if material, proof thereof is demanded at trial. 9. Admitted. 10. Admitted. WHEREFORE, Defendant demands judgment in its favor and against Plaintiffs. COUNT II Mutual Mistake 11. The averments of paragraphs 1 through 10 of this Answer are hereby incorporated by reference as if set forth in full. 12. Denied; any agreement between Defendant and Plaintiffs that monies paid by Plaintiffs were to be refunded if Plaintiffs were unable to sell their current residence 2 .. .. would have to havc bccn an oral agrecmcnt (not containcd thc Agrccmcnt of Salc nor lhe change order) betwccn thc Plaintiffs and Howard C. Galc. Prcsidenl of Dcfcndant Howard C. Gale Dcvelopmcnt Company, Inc.; said Howard C. Galc dicd on Januay 19, 1998; as a result any potential evidcnce of any oral modi fica lion of the contract is barred from this litigation by 42 Pa. C.S.A. S5930. 13. Denied; any agreement by the parties that they would include the condition that monies paid to Defendant would be refunded if the sale of Plaintiffs current residence did not take place would have to have been oral in nature; any modification of said Agreement would therefore have to have been an oral modification made between the Plaintiffs and Howard C. Gale. President of Defendant Howard C. Gale Development Company, Inc.; said Howard C. Gale died January 19, 1998; as a result any potential evidence of any oral modification of the contract is ban'ed Ii'om this litigation by 42 Pa. C.S.A. S5930. 14. Denied; the avennents of paragraph 14 constitute a conclusion oflaw and require no answer; to the extent that the avennents of paragraph] 4 may be construed to require an answer, the aVeIll1ents are denied inasmuch as any understanding of the parties to include the provision referred to would have to have been made orally belween the parties; any modification of said Agreement would therefore have to have been an oral modification made between the Plaintiffs and Howard C. Gale, President of Defendant Howard C. Gale Development Company, Inc.; said Howard C. Gale died January 19, 1998; as a result any potential evidence of any oral modification of the contract is barred 3 .. .. from this litigation litigation by .12 Pa. C.SA *5<J30, 15. Denied; the avennents of paragraph 15 constilute a conclnsion of law and require no answer; to the extent that the avcrmcnts of paragraph 15 may be construed to require an answer, the avennents are denied inasmuch as any underslanding of the parties 10 include the provision referred to would have to have been made orally between the Plaintiffs and Howard C. Gale. President of Defendant Howard C. Gale Development Company, Inc.; said Howard C. Gale died January 19, 1998; as a result any potential evidence of any oral modification of the contract is barred li'om this litigation by 42 Pa. C.SA 95930. WHEREFORE, Defendant demands judgment in its favor and against Plaintiffs. CO UNT III Subsequent Oral Modification 16. The avennenlS of paragraphs 1 through IS oflhis Answer are incorporated herein by reference as if set forth in full. 17. Denied; neither the Agreement of Sale between the pmties marked "Exhibit "A" nor the change order marked Exhibit "B" conditions the purchase on Plaintiffs selling their current property as avened; any modification of said Agreement would therefore have to have been an oral modification made between the Plaintiffs and Howard C. Gale, President of Defendant Howard C. Gale Development ComparlY, Inc.; said Howard C. Gale died January 19, 1998; as a result any potential evidence of any oral modification of the contract is barred from this litigation by 42 Pa. C.SA 95930. 4 ", 18. Denied; the avennents of pamgraph 18 con~titutc a conclu~ion of law and require no answer; to the cXlelllthatthc avcrmcnt~ of paragraph 18 may he construed to require an answer. the avennents arc denied inasmuch as any understanding of the panics to include the provision referred to would have to have been an omlmodifiealion made between the Plaintiffs and Howard C. Gale, President of Defend,lIll Howard C. Gale Development Company, Inc.; said Howard C. Gale died Janual)' 19, 1998; as a result any potential evidence of any oral modification of the contrael is b,~ITed from this litigation by 42 Pa. C.SA ~5930. 19. Admitted. WHEREFORE, Defendant demands judgment in its favor and against Plaintiffs. COUNT IV Quantum ,'"Ierit 20. The avennents of paragraphs I through 19 of this Answer are incorporated herein by reference as if set forth in full. 21. Denied; the infonnation concerning the avennents of paragraph 21 is within lhe exclusive control of the Plaintiffs, the Defendant is therefore without sufficient knowledge or infonnation to fonn a belief as to the truth of these avennents, and if material, proof thereof is demanded at trial. 22. Admitted. 23. Admitted. 24. Denied; Defendant has appropriately retained the deposit inasmuch as 5 ,;; ,.- Plaintiffs remain legally obligated to complete their agreement 10 purchase the property from Defendant; therefore Ihe deposit remains part of the cOlllmclUal obligation betwecn tlle parties and may be retaincd by the Defendant until eomplction of the contract WHEREFORE, Defendant dcmandsjudgmcnt in its nlVOI' and against Plaintiffs. Respcetfully submitted. \VI ON. ZULLI & SEIBERT By _ r!~L~() (, t~ David A. Wion, Esquire 109 Locust Street Hml'isburg. PA 17101 (717) 236-9301 I.D. No. 06883 Attorneys for Defendant 6 ',.". ~'. .' 'd '~..." "..." " .' "1.,..... ,,~,~ ",.'.~ ""',,.,..,', '. , "",,"'-'-",'-"''T~'.",.,.. - VERIFICATION [ verify tl1alll1e statements made in lhe foregoing Answer to Complaint arc IruC and correct. I understand that false statements herein arc made subject to the penalties of 18 Pa r:.S.A. ~4904, relating to unsworn falsification to authorities. Date: /~jgD.j.2.L , .J /\. 4._' I.- , Robert 1. T, e, Vice President Howard C. Gale Development Co., Inc. .. "',: '. " ~ .. ~. ;. ,- '- ~!.: c: (.. : ~; " l!..l .. (J , , ('j: . ~ J _ _ i "- .. , C)'~ , ' _..1" , 'J Ej~.." I c: ~. '" --' -.. ;] CL: .. ~~ ;, ~ lC C.... -', 0 "'''' u ~ ..... "." . ~ ,'. ") , . - . '," . .+ < "", , ' ~ , I ' ! , ,., <. ~. , , ." ," . ~ " . . . ~ 1 LAW OfPICES SAlOIS, GUIDO, SIIUFF" M^S~..... :14 W.1I1011 nlU'./lT 210'1 MARKET ml~rr CARUILI'.PAI70n CAMP 1lIlJ... rA 17011 PIIONR (17) 20-6221 l'UONU{7171111.l401 CrJlTlrlfJ) copy, 00' I IIlAROLD R. ROCKEY und JEAN L. ROCKEY, PENNSYLVANIA Pluintiffn 0,," IN TilE COUR'r OF COMMON PLEAS CUMBERLAND COUNTY, v. NO. 98-4527 CIVIL TERM CIVIL ACTION - LAW HOWARD C. GALE DEVELOPMENT COI1PANY, I/oIC., Defendant JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: On August 6, 1998, Plaintiff's entered a Complaint against Defendant's requesting return of a deposit involved in a real estate transaction between Plaintiff and Defendant. The parties have reached a settlement in this matter and the Release has been signed and executed. Please mark the above captioned matter settled, discontinued ended and dismissed with prejudice. Date: p/'YI!9B Respectfully submitted, SAlOIS, SHUFF & MASLAND SAlOIS, SHUFF & MAS LAND AlTORNEVS.AToU.W 26 W. "Igh Street Carlisle, PA By: /ii (,/1 r I ), ()I; f!)r I' 0:1- Mar W. Allshouse, Esquire Su reme Ct. 1.0. # 78014 26 West High Str et Carlisle, PA 17013 (717) 243-6222 , '. ",' ,4 \ .." '" " . " , . . I.... .. ' ..' ,,' .- tIJ t-. \I " ~"'; <.J C': .. \~.. .'. '~l , l".~ l.:..; C'; i:~: C. , C, , L. I}. r::;! () c: . .,-.-.-.....-- '.' <";, '-' """ &> .<:"7