Loading...
HomeMy WebLinkAbout07-1805LEON C. MORRISON and IN THE COURT OF COMMON PLEAS OF JEANNETTE MORRISON, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2007- CIVIL TERM ALLEN L. TURNER and DEBORAH K. TURNER, Defendants 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 an 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 LEON C. MORRISON and JEANNETTE MORRISON, Plaintiffs V. ALLEN L. TURNER and DEBORAH K. TURNER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- /fd 6- COMPLAINT CIVIL TERM AND NOW, come Leon C. Morrison and Jeannette Morrison, by and through their attorney, Michael A. Scherer, Esquire, and respectfully represent as follows: 1. Plaintiffs are Leon C. Morrison and Jeannette Morrison, husband and wife, who reside in Carlisle, Cumberland County, Pennsylvania and are represented in this action by Michael A. Scherer, Esquire, 19 West South Street, Carlisle, Pennsylvania 17013. 2. Defendants are Allen L. Turner and Deborah K. Turner, husband and wife, who reside at 1834 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiffs and Defendants entered into an Installment Sales Agreement (hereinafter "Agreement") on May 1, 1997 for the purchase of real estate located at 1834 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter the "property"). A true and correct copy of the Installment Sales Agreement is attached hereto and incorporated herein as "Exhibit A." 4. A copy of the legal description for the property is attached hereto as "Exhibit B." 5. The Defendants have breached the Agreement in that they have: a. failed to make timely, monthly payments pursuant to paragraph two of the Agreement; b. failed to pay late fees required by paragraph two the Agreement; C. failed to make the balloon payment required by paragraph two of the Agreement on May 1, 2002; and, d. failed to pay to real estate taxes when due as required by paragraph seven of the Agreement. 6. Paragraph 9 of the Agreement is entitled "Default" and it allows Plaintiff to terminate the Agreement upon a breach lasting in excess of thirty (30) days. 7. Plaintiffs provided Defendants with an Act 68 and Act 91 notices on or about February 7, 2007. COUNTI EJECTMENT 8. Paragraph nine of the Agreement allows the Plaintiff to bring suit to have the court eject the Defendants from the property following a breach of the Installment Sales Agreement. WHEREFORE, Plaintiffs respectfully request this Honorable Court enter an Order directing that a. possession of the property be granted to the Plaintiff immediately and that a Writ of Possession be issued directing the Sheriff to remove the Defendants from the property; and, b. that Plaintiff be awarded attorney fees of 5% of the unpaid balance pursuant to paragraph nine of the Agreement; and, c. that Plaintiff be awarded the costs of this suit. COUNT II QUIET TITLE 9. Plaintiff incorporates paragraphs one through eight as though set forth at length herein. 10. Defendants had an equitable interest in the property by virtue of the Agreement prior to their breach. 11. By virtue of Defendant's default, Defendants have forfeited any interest they may have had in the property. WHEREFORE, Plaintiffs respectfully request this Honorable Court enter an Order extinguishing any equitable interest Defendants may have gained in the property by virtue of the Agreement which may be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. COUNT III MONETARY DAMAGES 12. Paragraphs one through eleven above are incorporated herein by reference. 13. Paragraph nine of the Agreement contains default provisions and permits the Plaintiffs to collect the entire unpaid balance of the purchase price from the Defendants. 14. The unpaid balance of the purchase price is $158,107.66. 15. Paragraph nine of the Agreement also allows Plaintiffs to collect costs, interest and 5% attorney's fees. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judgment in their favor for $158,107.66 plus costs, interest and 5% attorney's fees. Respectfully submitted, O'BRIEN, BARIC & SCHERER Micha I A. Sch rer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiffs mas.dir/realestate/morrison/turner/complaint.pid VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by our attorney in this litigation. The language of the statements is not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: / Ion, Leon C rrison Jeannette Morrison INSTALLMENT SALES AGREEMENT THIS AGREEMENT, made as of this (4 day of May, 1997, by and between LEON C. MORRISON AND JEANNETTE MORRISON, his wife, of 251 Clemson Drive Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "SELLER"), and ALLEN L. TURNER AND DEBORAH K. TURNER, his wife, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "PURCHASER"). NOW THIS AGREEMENT WITNESSETH THAT. For and in consideration of the mutual covenants and promises hereinafter set forth, and intending to be legally bound, the parties hereto mutually agree as follows: 1. PROPERTY. Seller agrees to sell, grant and convey unto the Purchaser, and Purchaser agrees to purchase and accept the conveyance of the property with the improvements thereon located in North Middleton Township, Cumberland County, Pennsylvania ("Property"), as more particularly described on Exhibit "A", attached hereto and incorporated herein by reference, and known as 1834 Spring Road, Carlisle, pursuant to the terms and conditions as set forth herein. 2. PURCHASE PRICE AND TERMS. Purchaser agrees to pay the sum of One hundred Seventy Five Thousand and no/100 ($175,000.00) Dollars to Seller, said purchase price being payable as follows: Exhibit "A" Purchaser shall tender to Seller Five Thousand and no/100 ($5,000.00) Dollars upon the signing of this Agreement, receipt of which is hereby acknowledged, and the balance of the purchase price, being One Hundred Seventy Thousand and no/100 ($170,000.00) Dollars, being payable in equal monthly installments of One Thousand Four Hundred Twenty Nine and 46/100 ($1,429.46) Dollars commencing on June 1, 1997. The monthly payments shall be applied first to interest on the unpaid balance of the purchase price at a rate of Nine and One-Half percent (9.50%) per annum, and the balance thereof applied to the reduction of the unpaid principal balance of the purchase price. The monthly payments shall be due on the 1st day of each month subsequent to the commencement date as stated herein. In the event that any monthly payment is not received by the Seller on or before the fifth (5th) day after it becomes due, the Purchaser shall pay a late charge of four percent (4.00%) of the monthly payment due. The monthly payments shall continue until May 1, 2002, at which time the Seller agrees to convey in fee simple, by special warranty deed, free and clear of all encumbrances, except easements, building and use restrictions, visible or of record, and the Purchaser agrees to pay the balance of the purchase price in cash at the time of conveyance. 3. REPAIRS AND IMPROVEMENTS: Purchaser agrees to keep the property in a good state of repair. Purchaser agrees not to make any substantial alterations in the condition of the property without first securing written consent of Seller. However, in the event that Purchaser becomes in default as set forth in this agreement, any and all improvements which Purchaser has made to the property will be and become the property of Seller as of the date of default and will remain with the property. 2 4. INSURANCE: The Purchaser agrees at their expense, to keep the building on the property insured against fire, with extended coverage, with a company authorized to do business within the Commonwealth of Pennsylvania and acceptable to Seller, in the amount of at least $170,000.00, said insurance to be carried in the name of Seller, loss payable first to Seller and the remainder to the Purchaser, as their interests may appear. 5. POSSESSION: Purchaser shall be entitled to possession of the Property immediately upon execution hereof. 6. INDEMNIFICATION OF SELLER: Purchaser hereby assumes all risk and responsibility for any accidents, injury or damage to persons or property and to itself and any others on the property. The Purchaser shall defend, indemnify and hold harmless the Seller from and against all actual or potential claims, demands, liabilities, damages, losses and out-of-pocket expenses including reasonable attorneys' fees whether or not reduced to judgment, order or award, on account of any and all injury or damage to persons or property associated with the property. 7. TAXES AND UTILITIES: All real estate taxes for the current year will be prorated as of the date of the execution of this agreement. Thereafter, Purchaser will be responsible for the payment of all subsequent real estate taxes and will provide proof of payment thereof upon request of Seller until the time of final settlement and the transfer of legal title. All real estate transfer taxes upon final settlement and conveyance of the deed as provided herein shall be paid equally by the parties hereto. If, however, Purchaser at any time shall request Seller to convey the property to a third party, Seller shall be relieved of paying any transfer tax associated therewith and the same shall be the sole responsibility of the Purchaser or the third party. In 3 addition to the above, all the utilities shall be prorated as of the date of this agreement. Thereafter, Purchaser will be responsible for payment of all utilities and any other services performed which are associated with the property. 8. WARRANTIES: Purchaser understands and agrees that they are purchasing the Property "as is" and Seller is making no representations or warranties with regard to the condition of the improvements located on the property. 9. DEFAULT: Upon default by the Purchaser in tendering any of the monthly payments due hereunder or in performance of any other obligations under this agreement, for a period exceeding thirty (30) days, Seller may declare this agreement to be terminated, retaining all payments made to that time as liquidated damages and in such event, the Prothonotary or any attorney of any court of record of Cumberland County is hereby authorized to appear for and to confess judgment in an applicable action of ejectment against said Purchaser, its successors and assigns and in favor of the said Seller, its successors and assigns for the property described on Exhibit "A" attached hereto and to direct the immediate issuing of a Writ of Possession with Writ of Execution for costs, including reasonable attorneys' fees of no less than five percent (5%) of the unpaid balance of the purchase price, without notice and without asking leave of Court, or at the option of Seller, said Prothonotary or attorney is hereby authorized to confess judgment against the Purchaser and in favor the Seller for the entire unpaid balance of the purchase price, together with costs, interest, insurance payments, etc., and with no less than five percent (5%) added thereon as an attorney fee. 10. ASSIGNMENT: The interest of the Purchaser conveyed by this agreement shall not be assignable by sale, assignment, lease, pledge, subleasing or otherwise, in whole or in part, 4 without the prior written consent of the Seller. In the event such assignment, pledge, etc., is accepted, the rights stipulated in paragraph nine shall accrue to the Seller. 11. LIENS ON PROPERTY In the event any mortgages or judgment liens are on the property or are placed on the property by Seller, and default in same is made by Seller, then Purchaser shall have the right to pay on said obligation and receive credit toward its monthly payment as set forth above. Seller hereby agrees that it will not permit any liens or encumbrances in excess of the unpaid balance of the agreement to be placed upon the property. 12. STRICT PERFORMANCE: Failure by Seller to insist on strict performance by Purchaser of any of the terms of this agreement shall not be construed as a waiver, release or relinquishment thereof. This agreement shall inure to and be binding upon the successors and assigns of the parties hereto. 13. CONSTRUCTIONAND ENFORCEMENT: The provisions of this agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania. This agreement represents the entire agreement and understanding between the parties hereto and there are no other terms, obligations, covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever concerning this sale. The provisions of this agreement supersede any and all prior writings between the parties hereto. Any modification, changes or additions to this agreement must be made in writing and executed by the parties hereto. Wherein used in this agreement, unless the context otherwise clearly requires; the plural shall include the singular and vice versa; the use of any particular gender shall include any other applicable genders; and the words "hereof, "herein" and similar compounds of the word "here" shall mean 5 and refer to this entire agreement and not to any particular provision or paragraph hereof unless so stated. 14. TIME OF ESSENCE. Time is hereby declared to be of the essence with regard to this agreement. 15. PAYMENTS AND NOTICES. All payments, notices and other communications given or delivered under this agreement shall be in writing and be deemed to have been given when personally delivered, mailed by first-class mail, return receipt requested, or delivered by express courier service. All payments, notices, demands and other communications to the Seller or Purchaser will, unless another address is specified in writing, be sent to the addresses indicated below: Notice to Seller: MR. & MRS LEON MORRISON 251 CLEMSON DRIVE CARLISLE PA 17013 Notice to Purchaser: MR. & MRS. ALLEN L. TURNER 1834-B SPRING ROAD CARLISLE PA 17013 or at such other address at which either party notifies the other in writing. 16. TITLE. If Seller is unable to give good title to Purchaser as set forth above, Purchaser shall have the option of taking such title as may be able to be given with no reduction in the A purchase price or of terminating this agreement and vacating the property. It is stipulated and agreed between the parties that the reasonable rental value of the premises is equal to the monthly payments paid under this agreement. Should Purchaser elect to terminate the agreement under this paragraph then in no event shall Seller be required to return to Purchaser any more than the $5,000.00 down payment specified above. IN WITNESS WHEREOF, the parties hereto, being duly authorized to enter into this agreement, have executed the same as of the day and year first above written. WITNESS: (SEAL) LEON C. MO SON "Seller" (SEAL) ANNETTE ORRISON "Seller" ?--- - (SEAL) ALLEN L. TURNER "Purchaser" K (SEAL) D BORAH K. TURNER, "Purchaser" 7 COMMONWEALTH OFPENNSYLVANIA : :SS. COUNTY OF CUMBERLAND . On this, the /"? day of May, 1997, before me, the undersigned officer, personally appeared LEON C. MORRISON AND JEANNETTE MORRISON, known to me (or satisfactorily proven) to be the persons named in the foregoing Installment Sales Agreement, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ?. (SEAL) Notarial Seal oger B. Irwin. Notary Public Carle* Boro, Cumberland County My CommWial ExPiroa Oct. 3. 2000 Member. PenrtsyNenh Meoiftf on of Notaries COMMONWEALTH OF PENNSYLVANL4 : :SS. COUNTY OF CUMBERLAND On this, the le day of May, 1997, before me, the undersigned officer, personally appeared ALLEN L. TURNER AND DEBORAH K. TURNER, his wife, known to me (or satisfactorily proven) to be the person who is named in the foregoing Installment Sales Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 3.? V Notarial Seal Roger B. Irwin, Notary Public Carlisle Boro, Cumberland County My Commission Expires Oct. 3.2000 Member Pennsvivania Association of Notaries 8 EXHIBIT A Legal Description attached as this Exhibit ALL that certain tract of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows; BEGINNING at a point in the center of Pennsylvania State Highway Route 34; thence in a westerly direction by the dividing line between Lots Nos. 9 and 10 on the hereinafter mentioned plan of lots, 200 feet to a point; thence in a northerly direction by land now or formerly of Garrett L. Heishman, 62 feet to a point; thence in an easterly direction, by a line parallel to and 12 feet in a perpendicular distance to northward from the dividing line between Lots Nos. 10 and 11 on said plan of lots, 200 feet to a point in the center of Pennsylvania State Highway Route No. 34 aforesaid; thence in a southerly direction by the center of said highway, 62 feet to the Place of BEGINNING. BEING all of Lot No. 10 and southern 12 feet of Lot No. 11 of the Plan of Lots of George E. Henry and Firn V. Henry, his wife as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 3, page 93. SUBJECT, however to a right of way to Garrett L. Heishman and Geraldine C. Heishman, his wife, their heirs and assigns 12 feet in width, over the northern 12 feet of the tract herein described, said right of way to be used in common with the Grantees herein. their heirs and assigns BEING improved with a dwelling house known as No. 1834 Spring Road, Carlisle BEING the same property which Clifford L. Heishman and Ethel E. Heishman granted and conveyed to Thomas E. Degling and Donna B. Degling, his wife, by deed dated November 12, 1971 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book K, Volume 24, page 34. ALSO being the same property which Thomas E. Degling and Donna B. Degling granted and conveyed to Leon C. Morrison and Jeannette Morrison, his wife, by installment of sale dated February 20, 1990 and recorded in the office aforesaid in Miscellaneous Book 376, Page 748. LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows; BEGINNING at a point in the center of Pennsylvania State Highway Route 34; thence in westerly direction by the dividing line between Lots Nos. 9 and 10 on the hereinafter mentioned plan of lots, 200 feet to a point; thence in a northerly direction by land now or formerly of Garrett L. Heishman, 62 feet to a point; thence in an easterly direction, by a line parallel to the 12 feet in a perpendicular distance to northward from the dividing line between Lots Nos. 10 and 11 on said plan of lots, 200 to a point in the center of Pennsylvania State Highway Route No. 34 aforesaid; thence in a southerly direction by the center of said highway, 62 feet to the Place of BEGINNING. BEING all of Lot No. 10 and southern 12 feet of Lot No. 11 of the Plan of Lots of George E. Henry and Firn V. Henry, his wife as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 3, page 93. SUBJECT, however to a right of way to Garrett L. Heishman and Geraldine C. Heishman, his wife, their heirs and assigns 12 feet in width, over the northern 12 feet of the tract herein described, said right of way to be used in common with the Grantees herein, their heirs and assigns BEING improved with a dwelling house known as No. 1834 Spring Road, Carlisle BEING the same property which Clifford L. Heishman and Ethel E. Heishman granted and conveyed to Thomas E. Degling and Donna B. Degling, his wife, by deed dated November 12, 1971 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book K, Volume 24, page 34. ALSO being the same property which Thomas E. Degling and Donna B. Degling granted and conveyed to Leon C. Morrison and Jeannette Morrison, his wife, by installment of sale dated February 20, 1990 and recorded in the office aforesaid in Miscellaneous Book 376, Page 748. Exhibit "B" 4 i?l -171 IN, ? b' LEON C. MORRISON and JEANNETTE MORRISON, Plaintiffs V. ALLEN L. TURNER and DEBORAH K. TURNER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-1805 JURY TRIAL DEMANDED NOTICE TO PLEAD To: Leon and Jeanette Morrison c/o Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 You are hereby notified to file a written response to the Answer that was 2007 within twenty (20) days from service hereof or a judgment may be entered By: An(Mew H. Shfiv, Esquire v Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Defendants on May 29, st you. LEON C. MORRISON and JEANNETTE MORRISON, Plaintiffs V. ALLEN L. TURNER and DEBORAH K. TURNER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-1805 JURY TRIAL DEMANDED ANSWER WITH NEW MATTER NOW COME the Defendants, Allen and Deborah Turner, by and through their Attorney, Andrew H. Shaw, and file this Answer with New Matter, and in support thereof state as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied as stated. The document speaks for itself. 5. Paragraph 5 of Plaintiffs' Complaint is a legal conclusion to which no response is required. To the extent an Answer is required, it is denied that Defendants have breached the Agreement. 6. Denied as stated. The document speaks for itself. 7. Admitted. COUNTI 8. Denied as stated. The document speaks for itself. WHEREFORE, Defendants request this Honorable Court rule in favor of Defendants and against Plaintiffs, thereby dismissing Plaintiffs' Complaint with prejudice. COUNT II 9. No response required. 10. Paragraph 10 of Plaintiffs' Complaint is a legal conclusion to which no response is required. 11. Paragraph II of Plaintiffs' Complaint is a legal conclusion to which no response is required. To the extent an Answer is required, Defendants' have not defaulted, and have not forfeited any interest they may have in the property. WHEREFORE, Defendants request this Honorable Court rule in favor of Defendants and against Plaintiffs, thereby dismissing Plaintiffs' Complaint with prejudice. COUNT III 12. No response required. 13. Denied as stated. The document speaks for itself. 14. Denied. 15. Denied as stated. The document speaks for itself. WHEREFORE, Defendants request this Honorable Court rule in favor of Defendants and against Plaintiffs, thereby dismissing Plaintiffs' Complaint with prejudice. NEW MATTER 16. Defendants incorporate by reference Paragraphs 1 through 15 as if set forth more fully herein. 17. Plaintiffs' Complaint fails to state any cause of action upon which relief may be granted. 18. To the extent that Plaintiffs have suffered any damage, said damage was caused by Plaintiffs, and not by the actions or inactions of Defendants. 19. Plaintiffs' claims are barred because they have failed to mitigate any damages they may have suffered. 20. Plaintiffs' claims are barred by the doctrine of unclean hands. 21. Plaintiffs' claims are barred by the doctrine of estoppel. 22. Plaintiffs' claims are barred by the doctrine of laches. 2 23. Plaintiffs' claims are barred by the defense of accord and satisfaction. 24. Plaintiffs' claims are barred by the statute of fraud. 25. Plaintiffs' claims are barred by the doctrine of consent. 26. Plaintiffs' claims are barred by the doctrine of duress. 27. Plaintiffs' claims are barred by the doctrine of release. 28. Plaintiffs' claims are barred by the doctrine of waiver. 29. Plaintiffs' claims are barred by the doctrine of res judicata. 30. Plaintiffs' claims are barred by the doctrine of collateral estoppel. 31. Plaintiffs' claims are barred by the relevant statute of limitations. 32. On multiple occasions, Defendants have attempted to pay in full the outstanding balance owed to Plaintiffs. 33. On each occasion that Defendants have attempted to pay in full the said outstanding balance, Plaintiffs have refused to provide Defendants with a payoff amount. 34. Due to the Plaintiffs' refusal to provide a payoff amount, Defendants have been unable to obtain financing to pay in full the outstanding balance on the Agreement between the parties. Respectfully Submitted: %--- n Date: L-? 'dl, -- 0-7 Y By: A'hdrew H. Shaw, Eslquire Supreme Court I.D. No. 87371 200 S. Spring Garden Street Carlisle, PA 17013 (717) 243-7135 (717) 243-7872 (facsimile) Attorney for Defendants 3 VERIFICATION I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: S n , „ 0 7 L Allen JZ. Turner c.,sz- 7 CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Answer To Plaintiff's Complaint, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Attorney for Plaintiffs Date: 2 O Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Defendants N c" a C) -n r Fn N:? 73 C D A LAI' 4 LEON C. MORRISON and JEANNETTE MORRISON, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ALLEN L. TURNER and DEBORAH K. TURNER, Defendants : NO. 2007-1805 CIVIL TERM REPLY TO NEW MATTER AND NOW, comes Plaintiffs, Leon C. Morrison and Jeannette Morrison, by and through their attorney, Michael A. Scherer, Esquire, and files the within Reply to New Matter and, in support thereof, sets forth the following: 16. No response is required. 17-31. Denied. The allegations in these paragraphs are conclusions of law to which no responsive pleading is required. 32. Denied. The Defendants could have paid off the outstanding balance on the loan in connection with the Agreement of Sale at any time. 33. Denied. Plaintiff has provided a payoff recently at the request of Defendants. Defendants, furthermore, should be aware of the amount of money they owe on the contract to pay it off. 34. Denied. Defendants should be aware of the amount they owe to pay off the outstanding balance on the Agreement of Sale and the payoff is not an excuse for the Defendant's failure to abide by the terms of the contract. WHEREFORE, Plaintiffs demand judgment in their favor. Respectfully submitted, O'BRIEN, BARIC & SCHERER ,AVOI?? Michael A. Scherer, Esquire I.D. No. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiffs VERIFICATION I verify that the statements made in the foregoing Reply To New Matter are true and correct to the best of my knowledge, information and belief. This verification is signed by Michael A. Scherer, Esquire, Attorney for Plaintiffs and is based upon the statements provided by Plaintiffs, as well as documents reviewed by the undersigned as attorney for Plaintiffs. This verification will be substituted and ratified by a verification signed by the Plaintiffs who are presently unavailable to sign said verification. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. 4 Mi hae A. Scherer, Esquire Dated: June 12, 2007 CERTIFICATE OF SERVICE I hereby certify that on June 12, 2007, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Reply To New Matter, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Andrew H. Shaw, Esquire 200 South Spring Garden Street Suite 11 Carlisle, Pennsylvania 17013 s en . Lind {7 "'i"1 ?y 'C_., ?,J ' N ' ??? Tt'f?." . ;i.? ; M? ? ) ?-) ?'4"t ?? ? __.p r"' .? r ^?-. PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. ? for trial without a jury. - ------ - - - - - - - - - - -- - ------ - ------- - -------------- CAPTION OF CASE (enure caption must be stated in full) (check one) LEON C. MORRISON and JEANNETTE MORRISON (Plaintiff) VS. ALLEN L. TURNER and DEBORAH K. TURNER (Defendant) VS. (other) The trial list will be called on and Trials commence on Pretrials will be held on (Briefs are due 5 days before pretrials No. 2007-1805 Civil Term Indicate the attorney who will try case for the party who files this praecipe: Michael A. Scherer, Esquire, 19 West South Street, Carlisle, PA 17013 Indicate trial counsel for other parties if known: Andrew H. Shaw, Esquire, 200 South Spring Garden Street Sui e 11, Carlisle, PA 17013 This case is ready for trial. Signed: Print Name: Michael Scherer, Esquire Date: 6 2? j -9 -1 Attorney for: Plaint i f f s 0 Civil Action -Law ? Appeal from arbitration a -44 ?h Ol G7 l 1 LEON C. MORRISON & : IN THE COURT OF COMMON PLEAS OF JEANNETTE MORRISON : CUMBERLAND COUNTY, PENNSYLVANIA V. ALLEN L. TURNER & NO. 2007 - 1805 CIVIL TERM DEBORAH K. TURNER CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 25TH day of JUNE, 2007, a pretrial conference in the above-captioned matter is SCHEDULED for Agadlom / a10:00 ?•M ' in Courtroom # 3 of the If I Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memorandum shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five (5) days prior to the pretrial conference. TRIAL in the matter will be scheduled at the pretrial conference. Counsel are directed to have their calendars available. Michael A. Scherer, Esquire 19 West South Street Carlisle, Pa. 17013 Andrew H. Shaw, Esquire G `?G 200 South Spring Garden Street Carlisle, Pa. 17013 COURT ADMINISTRATOR Edward E. Guido, J. ZZ .? w- 9Z NPP LOU 3A JO SHERIFF'S RETURN - REGULAR r... Is CASE NO: 2007-01805 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORRISON LEON C ET AL VS TURNER ALLEN L ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TURNER ALLEN L the DEFENDANT , at 1946:00 HOURS, on the 25th day of April 2007 at 1834 SPRING ROAD CARLISLE, PA 17013 by handing to DEBORAH TURNER, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.60 Postage .39 Surcharge 10.00 .00 6l?a?e7 ? 37.99 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 04/26/2007 OBRIEN BARIC SCHERER By: r Deputy She iff A. D. CASE NO: 2007-01805 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORRISON LEON C ET AL VS TURNER ALLEN L ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TURNER DEBORAH K the DEFENDANT , at 1946:00 HOURS, on the 25th day of April 2007 at 1834 SPRING ROAD CARLISLE, PA 17013 DEBORAH TURNER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge sl,ulo? 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 04/26/2007 OBRIEN BARIC SCHERER By: 4-?-r /111 Deputy Sheriff A. D. LEON C. MORRISON and JEANNETTE MORRISON, Plaintiffs V. ALLEN L. TURNER and DEBORAH K. TURNER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-1805 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 27th day of July, 2007, a bench trial is scheduled for Thursday, September 13, 2007, at 9:00 a.m., in Courtroom Number 3. srs Edward E. Guido, J. chael A. Scherer, Esquire Attorney for Plaintiffs rew H. Shaw, Esquire Attorney for Defendants Court Administrator - kaa??-A.1,C A n PI -,if LOOZ , . " ?, " :]Hi ?0 .-"TTIA LEON C. MORRISON and IN THE COURT OF COMMON PLEAS OF JEANNETTE MORRISON, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. ALLEN L. TURNER and NO. 2007 -1805 CIVIL TERM DEBORAH K. TURNER, Defendants CIVIL ACTION -LAW ORDER OF COURT AND NOW, this 1ST day of AUGUST, 2007, the civil non jury trial scheduled for Thursday, September 13, 2007, at 9:00 a.m. has been rescheduled to MONDAY, OCTOBER 8, 2007, at 9:30 a.m. in Courtroom # 3. ichael A. Scherer, Esquire 19 West South Street Carlisl a. 17013 drew H' Shaw, Esquire 200 South Spring Garden Street Carlisle, Pa. 17013 sld 1 Edward E. Guido, J. o 1 :8 WV Z- OnV LOOZ MViONvt-IO 'd 3Hl 3U LEON C. MORRISON and IN THE COURT OF COMMON PLEAS OF JEANNETTE MORRISON, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 2007- 1805 CIVIL TERM ALLEN L. TURNER and DEBORAH K. TURNER, Defendants MOTION FOR CONTINUANCE AND NOW, comes Michael A. Scherer, Esquire, counsel for the Plaintiffs, Leon C. Morrison and Jeannette Morrison, and respectfully represents as follows: 1. A non-jury trial is scheduled in this matter for Monday, October 8, 2007 at 9:00 a.m. in Courtroom No. 3, Cumberland County Courthouse, Carlisle, Pennsylvania 2. Undersigned counsel respectfully requests a continuance of the'' Non Jury Trial. 3. Andrew C. Shaw, Esquire, counsel for the Defendants, Allen L. Turner and Deborah K. Turner concurs with this request for a continuance. 4. Undersigned counsel proposes that the non-jury trial be continued until January, 2008 or February, 2008. WHEREFORE, undersigned counsel respectfully requests this Honorable Court grant a continuance of the non jury trial scheduled for October 8, 2007 until January, 2008 or February, 2008. Date: t0l-611 Respectfully Submitted, O'BRIEN, BARIC & SCHERER IYA?, AJ MMichadA. cherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that on the 5th day of October, 2007, I, Andrea M. Ba?rick, of O'Brien, Baric & Scherer, did serve a copy of the Motion for Continuance, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Andrew C. Shaw, Esquire 200 South Spring Garden Street, Suite11 Carlisle, Pennsylvania 17013 f a t I ilk Andrea M. arrick rya ? C ni t Cn -, r'^ l3 .t ?? ? r LEON C. MORRISON and JEANNETTE MORRISON, Plaintiffs V. I ALLEN L. TURNER and DEBORAH K. TURNER, : ?I Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 1805 CIVIL TERM ORDER OF COURT AND NOW this '9 day of o , 2007, upon the consideration of the within Motion, the Non Jury Trial scheduled in this matter for Monday, October 8, 2007 at 9:00 a.m. is hereby continued until ow , the It day of E , 20 at --?-: /Soo' a.m./Om. in Courtroom No. NWF 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania. TWCOU, Edward E. Guido, J. /chael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 ndrew C. Shaw, Esquire 200 South Spring Garden Street, Suite11 Carlisle, Pennsylvania 17013 J -10 LODZ LEON C. MORRISON and JEANNETTE MORRISON, Plaintiffs V. ALLEN L. TURNER and DEBORAH K. TURNER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 1805 CIVIL TERM PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned action as having been settled and discontinued. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: November 20, 2007 Av'? ? j MidhMl A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiffs OF SERVICE CERTIFICATE hereby certify that on November AO , 2007, I, Jennifer S. Lindsay secretary at O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Andrew C. Shaw, Esquire 200 South Spring Garden Street, Suite 11 Carlisle, Pennsylvania 17013 ?-; -? r.a --..+ . `r? i.7_ ---t "!; N ,? ? ?, , C '? ? _ ' __ "L7 ...yo: ' ' _. ....? ..? , . s.. r4 RJ,i . ?? ?_ ??