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Home My WebLink About01-06322 i"-""-","",~ ~~ -.. "~"Iii~,--' CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYL VANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA RA.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: DONALD A. ADAMS & CATHY A. ADAMS, his wife vs. MARY LOUISE RAMSAY WOLF, RICHARD W. RAMSAY LARRY M. RAMSAY, MARGHERITA R. RAMSAY, LYNN ANN WHITE t/dlh/a RAMSAY PROPERTY AND RENTALS NO. 01-6322 CIVIL TERM 1349 MDA 2006 The documents comprising the record have been numbered from No.1 to 358 , and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 8/31/06 . An additional CODY of this certificate is enclosed. Please sil!ll and date CODY. thereby acknowledlrlnl! receiDt of this record. Date Signature & Title , " t. L"" , ~ . I '." h.V~";,, Among the Records and Proceedings enrolled in the court of Common Pleas in and for the county of CUMBERLAND 1349 MDA 2006 01-6322 CIVIL in the Commonwealth of Pennsylvania to No. Term, 19 is contained the following: COPY OF COMPLETE DOCKET ENTR Y DONALD E. ADAMS and CATHY A. ADAMS, his wife vs. MARY LOUISE RAMSAY WOLF, RICHARD W. RAMSAY, LARRY M. RAMSAY, MARGHERITA R. RAMSA~ LYNN ANN WHITE t/d/b/a W.R. RAMSAY PROPERTY AND RENTALS SEE ATTACHED CERTIFIED DOCKET ENTRIES. il. Ii "~ 0 09342608312006 PYS510 ~ .." . "'~ "., , '-~""'"" ~:k- Cumberland County Prothonotary's Office Civil Case Print 1 ADAMS DONALD E 2470 ENOLA ROAD CARLISLE PA 17013 ADAMS CATHY A 2470 ENOLA ROAD CARLISLE PA 17013 WOLF MARY LOUISE RAMSAY 3 SHAWNEE ROAD ARDMORE PA 19003 1619 RAMSAY RICHARD W 3610 LOGAN STREET PO BOX 100 NEW CUMBERLAND PA 17070 RAMSAY LARRY M 509 AISLAND COURT INDIAN HARBOUR BEACH FL 32937 RAMSAY MARGHERITA R LIGHT HOUSE POINT PALM CITY FL 34990 4200 WHITE LYNN ANN LIGHT HOUSE POINT PALM CITYFL 34990 4200 RAMSAY W R PROPERTY AND RENTALS LIGHT HOUSE POINT PALM CITY FL 34990 4200 2001-06322 ADAMS DONALD E ET AL (vs) WOLF MARY LOUIS RAMSAY Page Reference No. . : Case Type.....: COMPLAINT Judgment. ..... .00 Judge Assigned: BAYLEY EDGAR B Disposed Desc. : ------------ Case Comments ------------- Filed. . . . . . . . : Time......... : Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: 11/05/2001 3:52 0/00/0000 0/00/0000 1349 MbA2006 ******************************************************************************** General Index Attorney Info PLAINTIFF MCKNIGHT MARCUS A III FALLER GEORGE B JR PLAINTIFF MCKNIGHT MARCUS A III DEFENDANT DEFENDANT MANLEY WADE D DEFENDANT MANLEY WADE D DEFENDANT MANLEY WADE D DEFENDANT MANLEY WADE D DEFENDANT ******************************************************************************** * Date Entries * ******************************************************************************** PAGE W. i - 27 11/05/2001 28 - 29 3/13/2002 30 - 31 3/26/2002 32-41 4/10/2002 42 4/17/2002 43 4/17/2002 FIRST ENTRY - - - - - - - - - - - - - - COMPLAINT - CIVIL ACTION ------------------------------------------------------------------- PRAECIPE TO REINSTATE COMPLAINT - BY MARCUS A MCKNIGHT III ESQ FOR PLFF ------------------------------------------------------------------- ENTRY OF APPEARANCE FOR DEFTS RICHARD W RAMSAY LARRY M RAMSAY MARGHERITA R RAMSAY AND LYNN ANN WHITE - BY C ROY WEIDNER JR ESQ ------------------------------------------------------------------- ANSWER OF DEFTS RICHARD W RAMSAY LARRY M RAMSAY MARGHERITA R RAMSAY AND LYNNANN WHITE TO PLFFS' COMPLAINT - BY C ROY WEIDNER JR ------------------------------------------------------------------- SHERIFF'S FILE RETURNED FILED. Case Type: REINSTATED COMPLAINT Ret Type.: Out of County Litigant.: WOLF MARY LOUISE RAMSAY Add~ess..: 3 SHAWNEE ROAD 3/20/02 NOT IN MONTGOMER COUNTY Cty/St/zp: ARDMORE~ PA19003-1619 County Nm: MO~TGOM~RY Ret Date.: 04/17/2002 ~~~~~::::~_~?~:~~_:9_~~~_~~~~~_~~~~~~:_~?~~~~_~~!:?!~~~~---------- SHERIFF'S FILE RETURNED FILED. Case Type: REINSTATED COMPLAINT Ret Type.: Regular Litigant.: RAMSAY RICHARD W PAGE lID. 44 45 46 47-54 55 - 56 57 - 68 59 70-71 72-73 10485308232006 PYS510 I. __ ~ ~:.:;.1,:;~ ,~",,-, ':MJli;'iiJ~Jl+ l.M Cumberland County Prothonotary's Office Civil Case Print 2001-06322 ADAMS DONALD E ET AL (vs) WOLF MARY LOUIS RAMSAY Page 2 Reference No. . : Case Type.....: COMPLAINT Judgment... ... .00 Judge Assigned: BAYLEY EDGAR B Disposed Desc. : ------------ Case Comments ------------- 4/17/2Q02 4/17/2002 4/17/2002 4/17/2002 4/26/2002 4/26/2002 5/28/2002 8/15/2002 10/23/2002 Filed. . . . . . . . : Time......... : 11/05/2001 3:52 0/00/0000 0/00/0000 1349 MDA2006 Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: Add~ess..: 3610 LOGAN STREET CtY/St/Zp: NEW CUMBERLAND, PA 17070 Hna To: RICHARD W RAMSEY Shf/Dpty.: BRYAN WARD Date/Time: 03/19/2002 2045:00 Costs. .. .: $24.79 Pd By: IRWIN MCKNIGHT HUGHES 04/17/2002 --------------------------------------------------------------- SHERIFF'S FILE RETURNED FILED. Case Type: REINSTATED COMPLAINT Litigant.: RAMSAY LARRY M Address..: 509 AISLAND COURT CtY~!St/ZP: INDIAN HARBOUR BEACH, FL 32937 Shr Dpty.: R. Thomas Kline Pos age Prepaid.: 03/14/2002 0000:00 Costs....: ~21.09 Pd By: IRWIN MCKNIGHT HUGHES 04/17/2002 Date Letter Reed: 03/1B/2002 Recpt Card Signed: ILLEGIBLE ---------------------------------- --------------------------------- SHERIFF'S FILE RETURNED FILED. Case Type: REINSTATED COMPLAINT Ret Type.: Out of County Litigant.: RAMSAY MARGHERITA R Address..: WR RAMSAY PROPERTY AND RENTALS 107 OLD YORK ROAD Cty/St/Zp: NEW CUMBERLAND, PA 17070-4200 SERVED 3/20/02 County ~m: YORK Ret Date.: 04/17/2002 Costs....: $58.87 Pd By: IRWIN MCKNIGHT HUGHES 04/17/2002 ------------------------------------------------------------------- SHERIFF'S FILE RETURNED FILED. Case Type: REINSTATED COMPLAINT Li tigant.: WHITE LYNN ANN Address..: LIGHT HOUSE POINT CtY~St/Zp: PALM CITY, FL 34990-4200 Shr,Dpty.: R. Thomas Kl~ne Postage Prepaid.: 03/14/2002 0000:00 Costs....: ~21.09 Pd By: IRWIN MCKNIGHT HUGHES 04/17/2002 Date Letter Reed: 03/21/2002 Recpt Card Signed: LYNN ANN WHITE ------------------------------------------------------------------- SHERIFF'S FILE RETURNED FILED. C~s~ Type: REINSTATED COMPLAINT Ret Type.: Out of County Ll tlgant.: WOLF MARY LOUISE RAMSAY Add~ess..: 3 SHAWNEE ROAD SERVED 4/07/02 Cty/St/Zp: ARDMORE~ PA 19003-1619 County ~m: DELAWAR~ Ret Date.: 04/17/2002 Costs....: $59.25 Pd By: IRWIN MCKNIGHT HUGHES 04/17/2002 ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR ARGUMENT - PRELIMINARY OBJECTIONS OF DEFT MARY LOUIS RAMSAY WOLF TO PLFFS COMPLAINT - BY CURTIS P CHEYNEY II I ESQ ------------------------------------------------------------------- PRELIMINARY OBJECTIONS OF DEFENDANT LOUIS RAMSAY WOLF TO PLFFS COMPLAINT - BY CURTIS P CHEYNEY III ESQ FOR DEFT ------------------------------------------------------------------- ORDER OF COURT - DATED 5/23/02 - BY AGREEMENT OF COUNSEL THE ABOVE CAPTIONED MATTER IS CONT~NUED FROM ARGUMENT COURT LIST COUNSEL IS DIRECTED TO RELIST THE CASE WHEN READY - BY THE COURT GEORGE E HOFFER PJ COPIES MAILEED 5/28/02 ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR ARGUMENT - BY DEFT'S PRELMININARY OBJECTIONS - BY MARY LOUISE RAMSAY WOLF ------------------------------------------------------------------- ORDER OF COURT - DATED 10/23/02 - IN RE PRELIMINARY OBECTION OF DEFT MARY LOUISE RAMSAY WOLF TO PLFFS' COMPLAINT - IT IS ORDERED THAT PARAGRAPH 15 OF PLFFS' COMPLAINT IS STRICKEN - ALL OTHER PRELIMINARY OBJECTIONS TO PLFFS COMPLAINT BY DEFT MARY LOUISE RAMSAY WOLF ARE DISMISSED - BY THE COURT EDGAR B BAYLEY J COPIES MAILED Ret Type.: Certified Mail Ret Type.: Certified Mail - / 10485308232006 PYS510 ~J '''' -- >" ~,.~=~,~,., -- ; '~'. - ~ ...:<I;J~"", Cumberland County Prothonotary's Office Civil Case Print Page 3 2001-06322 ADAMS DONALD E ET AL (vs) WOLF MARY LOUIS RAMSAY Reference No. . : Case Type.....: COMPLAINT Judgment. ..... .00 Judge Assigned: BAYLEY EDGAR B Disposed Desc.: ---c-------- Case Comments ------------- PAGE 00. 74 - 82 12/02/2002 74 - 82 12/02/2002 83-84 85 86 11/18/2004 11/18/2004 12/20/2004 87 - 88 11/30/2004 87 - 88 11/30/2004 89 - 9L 12/15/2004 92'- 151 12/14/2004 152 - 153 1/26/2005 154 - 155 2/15/2005 156 - 157 2/23/2005 159 - 163 7/22/2005 164 - 173 7/27/2005 158 8/03/2005 174 10/13/2005 175 12/29/2005 176 1/11/2006 177 2/06/2006 178 2/07/2006 179 - 186 3/27/2006 DEFENDANT'S ANSWER TO COMPLAINT WITH NEW CHEYNEY I II Filed. . . . . . . . : Time......... : Execution Date Jury Trial. . . . D~sposed Date. Hlgher Crt 1.: Hiqher Crt 2.: MATTER - CURTIS P 11/05/2001 3:52 0/00/0000 0/00/0000 1349 MDA2006 DEFENDANT'S ANSWER TO COMPLAINT WITH NEW MATTER - BY CUSTIS P CHEYNEY III ESQ , ------------------------------------------------------------------- ENTRY OF APPEARANCE OF MDW&O FOR THE PLFFS - GEORGE B FALLER JR ------------------------------------------------------------------- PETITION FOR APPOINTMENT OF ARBITRATORS - GEORGE B FALLER JR ------------------------------------------------------------------- ORDER OF COURT APPOINTMENT OF ARBITRATORS LINDSAY BAIRD ESQ CHAIRMAN BRIAN CAFFREY ESQ AND SHARON CLARK ------------------------------------------------------------------- PRAECIPE TO WITHDRAW APPEARANCE OF C ROY WEIDNER JR ON BEHALF OF DEF RICHARD W RAMSAY - LARRY M RAMSAY - MARGHERITA R RAMSAY & LYNN ANN WHITE ------------------------------------------------------------------- PRAECIPE FOR ENTRY OF APPEARANCE OF WADE D MANLEY ON BEHALF OF DEF ------------------------------------------------------------------- CONCURRING ANSWER OF DEFF'S RICHARD W RAMSAY - LARRY M RAMSAY - MARGHERITA R RAMSAY & LYNN ANN WHITE TO PLFF'S PETITION FOR APPOINTMENT OF ARBITRATORS - WADE D MANLEY ------------------------------------------------------------------- ANSWER OF DEFENDANT MARY LOUISE RAMSAY WOLF TO PLAINTIFFS' PETITION FOR APPOINTMENT OF ARBITRATORS ------------------------------------------------------------------- PRAECIPE - COUNT I OF THE COMPLAINT FOR THE ABOVE-CAPITONED IS HEREBY WITHDRAWN AND DISMISSED WITH PREJUDICE BY THE PLAINTIFFS - BY GEORGE B FALLER JR ESQ ------------------------------------------------------------------- PRAECIPE TO WITHDRAW DEFT WOLF'S OPPOSITION TO PETITION FOR ASSIGNMENT TO ARBITRATION - BY CURTIS P CHEYNEY III ESQ FOR DEFTS ------------------------------------------------------------------- PRAECIPE TO WITHDRAW DEFTS RICHARD W RAMSAY LARRY M RAMSAY MARGHERITA R RAMSAY AND LYNN ANN. WHITE'S OPPOSITION TO PETITION FOR ASSIGNMENT TO ARBITRATION BY WADE D MANLEY ESQ ------------------------------------------------------------------- PLAINTIFF'S MOTION FOR CONTINUANCE - BY GEORGE B FALLER JR ESQ FOR PLFFS DEFENDANT'S RICHARD W RAMSAY LARRY M RAMSAY MARGHERITA R RAMSAY LYNN ANN WHITE AND W R RAMSAY PROPERTY AND RENTAL OPPOSITION TO THE PLFFS' MOTION FOR CONTINUANCE - BY WADE D MANLEY ESQ ------------------------------------------------------------------- ORDER - DATED 8/3/05 - IN RE MOTION FOR CONTINUANCE - SAID MOTION IS HEREBY GRANTED - BY THE COURT EDGAR B BAYLEY J COPIES MAILED ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR TRIAL - BY GEORGE B FALLER JR ESQ ------------------------------------------------------------------- AWARD OF ARBITRATORS - JUDGMENT IN FAVOR OF DEFTS 12/30/05 BILLED COUNTY FOR ARBITRATORS ------------------------------------------------------------------- NOTICE OF APPEAL FROM AWARD OF ARBITRATORS BY GEORGE B FALLER JR ESQ ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR TRIAL - WITHOUT JURY - BY GEORGE B FALLER JR ESQ ------------------------------------------------------------------- ORDER OF COURT - DATED 2/7/06 - IT IS ORDERED THAT A BENCH TRIAL SHALL BE CONDUCTED AT 8:45 AM ON 3/2/06 IN CR 2 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED ------------------------------------------------------------------- VERDICT - DATED 03-24-06 - 1: IN FAVOR OF DONALD E ADAMS AND CATHY A ADAMS AGAINST MARY LOUISE RAMSAY WOLF 2: DAMAGES ARE AWARDED TO DONALD E ADAMS AND CATHY A ADAMS "~ PAGE K>. 188 - 241 187 242 - 247 248 249 - 340 MISSlB; 342 - 347 348 - 354 355 - 357 358 ~ ,I",~ >- ~ L-<" "" " -~ . -~" 15234508302006 PYS5I0 Cumberland County Prothonotary's Office Civil Case Print Page 4 2001-06322 ADAMS DONALD E ET AL (vs) WOLF MARY LOUIS RAMSAY Reference No. . : Case Type.....: COMPLAINT Judgment...... .00 Judge Assigned: BAYLEY EDGAR B Disposed Desc. : ------------ Case Comments ------------- 4/06/2006 4/12/2006 4/24/2006 5/01/2006 5/08/2006 Filed. . . . . . . .: 11/05/2001 Time. . . . . . . . . : 3: 52 Execution Date 0/00/0000 Jury Trial. . . . Dtsposed Date. 0/00/0000 H~gher Crt 1.: 1349 MbA2006 Higher Crt 2.: AGAINST MARY LOUISE RAMSAY WOLF IN THE AMOUNT .OF $27'500 PLUS LEGAL INTEREST FROM 02-5-99 3: I FIND IN FAVOR OF RICHARD W RAMSAY/LARRY M RAMSAY AND LYNN ANN WHITE - BY EDGAR B BAYLEY J - COPIED AND MAILED 03-27-06 ------------------------------------------------------------------- MOTION FOR POST TRIAL RELIEF OF DEFENDANT-MARY LOUISE RAMSAY WOLF - BY CURTIS P CHEYNEY III ATTY ------------------------------------------------------------------- ORDER OF COURT - DATED 04-11-06 - IN RE: ORDERED THAT PLFF SHALL FILE A BRIEF IN CHAMBERS NOT LATER THAN 20 DAYS FROM THIS DATE IN RESPONSE TO THE POST-TRIAL MOTION AND BRIEF FILED IN SUPPORT THEREOF BY DEFT-MARY LOUISE RAMSAY WOLF - THE POST-TRIAL MOTION SHALL BE DECIDED ON BRIEFS UNLESS EITHER PARTY WITHIN 20 DAYS REQUESTS ORAL ARGUMENT - BY EDGAR B BAYLEY J - COPIED AND MAILED 04-12-06 ------------------------------------------------------------------- RESPONSE OF DEFENDANTS-RICHARD W RAMSEY,LARRY M RAMSEY & LYNN ANN WHITEt T/D/B/A W R RAMSEY PROPERTY AND RENTALS-TO THE MOTION FOR POST RIAL RELIEF OF THE DEFENDANT-MARY LOUISE RAMSEY WOLF - BY WADE D MANLEY ATTY ORDER OF COURT - DATED 05-01-06 - IN RE: ORAL ARGUMENT BEGINS 05-15-06 AT 1:30 PM IN CR 2 OF CUMB CO COURTHOUSE - BY EDGAR B BAYLEY J - COPIED AND MAILED 05-01-06 ------------------------------------------------------------------- TRANSCRIPT OF PROCEEDINGS - HELD ON 03-22-06 - BEFORE EDGAR B BAYLEY J 5/09/2006 ORDER OF COURT - DATED 05-09-06 - IN RE: ORAL ARGUMENT CURRENTLY SCHEDULED FOR 05-15-06 IS CANCELLED AND RESCHEDULED FOR 05-25-06 AT 11:30 AM IN CR 2 CUMB CO COURTHOUSE - BY EDGAR B BAYLEY J - COPIED AND MAILED 05-09-06 ------------------------------------------------------------------- 7/12/2006 ORDER OF COURT - 07-12-06 - IN RE: MOTION OF MARY LOUISE RAMSAY WOLF FOR POST-TRIAL RELIEF - VERDICT ENTERED ON 03-27-06 IS VACATED - JUDGMENT IS ENTERED IN FAVOR OF MARY LOUISE RAMSAY WOLF - BY EDGAR B BAYLEY J - COPIES MAILED 07-12-06 ------------------------------------------------------------------- 8/11/2006 NOTICE OF APPEAL - PLFF'S APPEAL TO SUPERIOR COURT - BY GEORGE B FALLER JR ATTY FOR PLFFS ------------------------------------------------------------------- SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 1349 MDA 2006 ------------------------------------------------------------------- CASE TRANSFERRED TO SUPERIOR COURT OF PA PERSONALLY BY CURTIS R LONG - PROTHONOTARY ------------------------------------------------------------------- 8/30/2006 SERVICE OF THE LIST OF RECORD DOCUMENTS TO ALL COUNSEL/PARTIES - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - EXHIBITS ******************************************************************************** * Escrow Information * * Fees & Debits Beo Bal PvmtS/Adi End Bal * *****************************************w******~******************************* 8/16/2006 8/30/2006 COMPLAINT TAX ON CMPLT SETTLEMENT JCP FEE APPT OF ARBITRA APPEAL ARBITRAT APPEAL 35.00 .50 5.00 5.00 15.00 290.00 30.00 35.00 .50 5.00 5.00 15.00 290.00 30.00 .00 .00 .00 .00 .00 .00 .00 380.50 380.50 .00 ******************************************************************************** * End of Case Information * ******************************************************************************** rfIWE (,,()PV FROM RECORD ~ 1~.wher891. Iltve unto lilt my ... M"" of saltlCoIl 'at c.n..~ ch'1t "r_ II~~ ,. Commonwealth of Pennsylvania County of Cumberland 1 ss: I, CURTIS R. LONG ,Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record ofthe P.Q~MeRiJ'Stat.M,l~tMteijj:T AL Plaintiff, and MARY LOUISE RAM>;AV WOLF ET AL Defendant L-, as the same remains of record before the said Court at No. 01 - Ii 'I?? of CIVIL Term, A.D. 19_. In TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 31st day of A. D., 19-2.0-0.6 Prothonotary I, EDGAR B. BAYLEY President Judge of the Judicial District, composed of the County of Cumberland, do certify that CURT I SR. LONG , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common 'C'iml?fi~if County, was, atthe time of so doing, and now is Prothonotary in and for said County of AND in the Commonwealth of Pennsylvania, duly commissioned and 1 ied to 11 0 ose acts as such full faith and credit are and ought to be given as well in Courts of ju cure as el her, d th t the said record, certificate and attestation are in due form of law and ma e th oper off er. v\ ~TI~TTM CA'1~ \ President Judge Commonwealth of Pennsylvania County of Cumberland } ss: I, CURTIS R. LONG , Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable EDGAR B. BAYLEY by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, I have hereunto s<;,t my hand and affixed the seal of said Court this jlert ayof AUG T A.D. I~006. Prothonotary i'li II ." , ~\l%41' j I II if ~ I , . ,- . O'~.I:i~~;';,""" - .. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT OF COMMON PLEAS Taryn N. Dixon Court Administrator 1 Courthouse Square. Carlisle, PA 17013 Phone (717) 240-6200 (717) 697-0371 (717) 532-7286 (717) 240-6460 FAX courtadmin@ccpa.net Melissa H. Calvanelli Assistant Court Administrator MEMORANDUM TO: FROM: DATE: INRE: The Honorable Edgar B. Bayley Melissa H. Calvanelli, Assistant Court Administrator Friday, February 03, 2006 01-6322 Civil Action - Law Donald E. & Cathy A. Adams v. Mary Louise Ramsey Wolf, Richard W. Ramsey, Larry M. Ramsey, Margherita R. Ramsay, Lynn Ann White, t/d/b/a W.R. Ramsay The above case is assigned to you for a non-jury trial. Please provide me with copies of your scheduling orders and final disposition date so that I can monitor the case for statistical purposes. Attaclrrnent ((JfW \ ' 11. r:.f-' ~ " (Q) (Q) c:cQJ ~. . L. i ~ ........J ... .. ,- 'h' _0' ;,' j.!~~i, -- fEB 3 2006 .. 0 PRAECIPE FOR LISTING CASE FiOR TRIAL 1_,"'-,_ . (Must be typewritten and submitted inla~lc..ftir ~.H - - j for JURY trial at the next term of civil court. 8 g 0 <" 0.... 11 "t'J!]J -" ~ n:fT, rr; ::r::-n 2:: :T: co nl p- ;2.'r-- +--om "-'---""--~:2--W' 6y..--- ~~:; ~ ~~ ~c, :h ~C) Pc co (sm 2:: s;;1 :-j +- :0 , 00 -< TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (xx) for trial without a jury. . CAPTION OF CASE (entire caption must be stated in fUll) (check one) Assumpsit Trespass DONALD E. ADAMS and CATHY A. ADAMS, his wife ...-. ~ Trespass (Motor Vehicle) (Plaintiff) (x ) Real Estate Contract (other) A^ vs. MARY LOUISE RAMSAY WOLF, RICHARD W. RAMSAY, LARRY M. RAMSAY, MARGHERITA R. RAMSAY, LYNN ANN WHITE, t/d/b/a W.R. RAMSAY PROPERTY AND RENTAL The trial list will be called on and Trials commence on (Defendant! Pretnals will be held on (Briefs are due 5 days before pretrials.) vs. (The carty listing this case for trial shall provide forthwith a copy of the praecipe to all counsel. pursuant to local Rule 214-1.) No. 01-6322 Civil Action Indicate the attorney who will try case for the party who tiles this praecipe: George B. Faller, Jr., Esquire 19 Indicate tnai counsel for other parties Ii known: Curtis P. Che:l::J:::.~ II!-,-Esquir~__ __ Wade D. Manley, Esquire This case IS reaav for t"al. ~b :;.;i:,:~",-: "'S'ignea: ;''''''-~''''__'"" ^_,_.. ',^'""c_ ~ ....~ ,',,.,. ,-,,~,,~ ;onnt Name: George B. Faller, 1:, ''''",UI''''II[ ,---- ' ~d'fj~&"" 'c.-,-~" -'><'-'',It;~ MQW&C5 ATTORNEYS & COUNSELLORS AT LAW W,LUAM F. MARTSON CAI," C. RlSCH JOHN B. FOWLER III DAVID A. FITZSIMONS DANIEL K. DEARDORFF DAVID R. GALLOWAY THOMAS J. WlLLiAMS* CHRISTOPHER E. RICE Ivo .~ OTTO l!! JENNIFER L. SPEARS GEORGE B. FALLER JR.' HILLARY A. DEAN ~BOARD CERTlFlED CIVIL TRlAL SPECIALIST 10 EAST HIGH SnEEr CARLISLE, PENNSYLVANIA 17013 TeLEPHONE (717) 243-3341 F"CSIMlLE (717) 243-1%50 INTERNET www.mdwo.com Curtis P. Cheyney, ill, Esquire . SWARTZ CAMPBELL LLC 1601 Market Street 34th Floor Philadelphia, PA 19103-2318 November 7, 2005 Wade D. Manley, Esquire JOHNSON; DuFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne~ P A 17043-0109 ~ A RE: Doriald E. Adams and Cathy A. Adams hlw v Mary Louise Ramsay Wolf, Richard W. Ramsay, Larry M. Ramsay, Margheritll R. Ramsay; Lynn Ann Whitetld!b/a W. R, Rainsay Property and Rentals . No. 01-6322-Crrmberland County C,C.P.- No.. 99-4227-Crrmberland County C.C.P. Our File No. 11228.2 "/ Dear Curtis and Wade: As you know, pursuant to everyone's agreement, I had listed this case for non-jury trial. The Crrmberland County arbitration limits were just increased from $25,000 to $35,000. I received a call from Judge Bayley's office. They indicated that the matterwould not be put onto the non-jury trial list, dueto the.arbitration limits. I am, therefore, asking Lindsay Baird to go ahead and sch~ule a hearing. She will need to enter an arbitrator's award from which we willneedtoappeal. The award can be entered in favorofthe Defendants and I will perfect the appeal. CUIllberlandCountydoes not allow parties to pfoceed to a non-jury trilll under Pa; R.C.P. 1303{a2). Therefore, it will not be .necessary for anyone to attend the hearing. I would suggest that Lindsay simply schedule this hearing at her earliest convenience or circulate an award amongst the various arbitrators through the niail. To make sure al!.the i' s are dotted and t' s are crossed, she should probably send out a Notice. If anyone has any questions, feel free to give me a call. Very truly yours, MARTS ON DEARDORFF WILLIAMS & OTTO George B. Faller, Jr. GBF/nl;m cc: / The Honorable Edgar B. Bayley Lindsay Baird, Esquire Mr. and Mrs. Donald Adams F:\FILES\DA T ARLE\General\CUlTent\ 11228.2.couns~19 INFORMATION' AOVICE . AOVOCACY '" ~:J:J:::' cI,.. z ,qr;.. cl6l. no., ~ . - -'7 ,., . r-Ja. M $ PlaintiJ /Y7a-y LPM;S(. al'Vl~ Md{..laD, Defen~ , , Oath We do solemnly sW~ar ~or affirm) *t wc::nll support, obey and.def~d the Consti~tion of the United States and the ConstItution of this <toJ:!ll11jlwealth and that we WIll discharge the duties of our office with fidelity.' . (Ji!:~;/(?AM<Y - . (t. \'~ t&L Lmtlsa~'6alrd 'L.e~n.a..h (1/jr~4 0Aa/tm ('1tJtA.IL. Name (Cha' ) '"'''' ~ J Name ~~ ~ (}/-;:u-~:~Skdfl~/l~ LawFrrm o?/f;(). /It{A Jlrcc.l Address \..j a Is/( I) 1?n3 City, Zip #- i'di./?Y Award We, the undersigned arbitrat#, having been du1y appointed and sworn (or affirmed), make the following award: (Nptt: If damages for dela\ are a;arded, they shall be separately stated.) \ h'iYIlJ In ;hve-v rg) ,J)-z- /.endaniy ----.....-........... 37 S ~~r?:1df Address ~/di g. 1'11.1 CIty, Zip Ii /0/&3 l_. < ~ .~' " -, '..;~ " H ctl!;:,,, ,~, _ PltiCfl iA h'~ In The Court of Common Pleas of Cumberland County, Pennsylvania No.2.L- . f..p:5 ..L~ Civil Action - Law. f/;. 6W bJ- Address OnJ1VJlk. Ii, 1~(j3 City, Zip /7 J 9~ Date of Hearing: /~. 7.1) j Date of Award: ",.;g. ') () ~- . Arbitrator, dissents. (Insert name if applicable.) i".~ ~1 '~.'.)iI!......,g):rI!ik'. ~ ~ -~ :~~;~Wi%i~, ~'_' :m~',A Notice of Entry of Award Now, the ;L f if day of AiknMi!.a_ , 20 0:5' . ,at I: <f 'I , fJ .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their' attorneys. Arbitrators' compenSation to be paid upon appeal: $ ;29{).lJO ;2"~~ By: Deputy A.p;O-f. cI ~ /9. cJ ~ "" ~ . CCkl ~ /.). /.} tV" IY1 S Plaintiff ~,,'O"" " - '~- ,,' - ---"'''''-.tL^__~'-,',.,....: ,"";_, ,_, ;"""":' ,'.: " In The Court of Common Pleas of Cumberland County, Pennsylvania No. 0 I - (P:5.,1 ~. n1a..y LtJ'\.t I'i.( t:hrvlSt-'i, ~ff;:RldJ, Defendant Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. !~ d,q \ Si ture if - Lmt&l~/fd Name (Cha' ) 7~w'~;I i.Lw 0-/-/ fU- Law Firm 37- S. i!ar>amJcV Address flr I~/,'? Zip ~1 Itd< City, Civil Action - Law. ,'fugnature AnA.h (J/jr-f...4 Name J ~S:~ Sk4 Huw I tl1rJj oPk n). /Ij.lt SlhCI Address ( (l l.s/( Ifi 1'k73 City, Zip ~gnature \5Aar&n f'IML Name Law Finn f/; . bfJV b J~ Address UnJ?VJlk B /ltltJ3 City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for dela are awarded, they shall be separately stated.) Date of Hearing: /~. 7'0 j..... Date of Award: M' ,) (j J-- . Arbitrator, dissents. (Insert name if applicable.) x Notice of Entry of Award Now, the day of , 20 , at , _.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ Prothonotary By: Deputy J:-:i - ,;o~' . ""'~ '-u',,-_ '<'~" - ~ ,c. _ ~ -! ::._ DONALD E. ADAMS AND CATHY A. ADAMS, PLAINTIFFS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MARY LOUISE RAMSAY WOLF, RICHARD W. RAMSAY, LARRY M. RAMSAY, MARGHERITA R.RAMSAY, : LYNN ANN WHITE tJd/b/a w.R. RAMSAY PROPERTY AND RENTALS, : DEFENDANTS : 01-6322 CIVIL TERM IN RE: PRELIMINARY OBJECTION OF DEFENDANT, MARY LOUISE RAMSAY WOLF, TO PLAINTIFFS' COMPLAINT BEFORE BAYLEY, J. AND HESS, J. ORDER OF COURT AND NOW, this -:h ~, day of October, 2002, IT IS ORDERED: (1) Paragraph 15 of plaintiffs' complaint, IS STRICKEN. (2) All other preliminary objections to plaintiffs' complaint by defendant, Mary Louise Ramsay Wolf, ARE DISMISSED. Edgar B. Bayley, J. \. ;,' ,i.- ",. "1 _ . '). 3y.L" . ,@.eL.e:........., 2.m;..L ....-- ";LC....~,; Pt. ~,ft1;.ur 1 :t~.-'.-r.1~:" ,__. ',.~,':--::-/...I , 'I.H,~ \ ", '\ ,.,;...~ _ _c Marcus A McKnight, Esquire For Plaintiffs Sean E. Quinn, Esquire 1601 Market Street, 34th Floor Philadelphia, PA 19103 For Mary Louise Ramsay Wolf C. Roy Weidner, Jr., Esquire For Richard W. Ramsay, Larry M. Ramsay, Margherita R. Ramsay, Lynn Ann White tJd/b/a WR. Ramsay Property and Rentals, :sal " ',-; -",'. -'_,~ ""0 ' -, ,- ',,"",.,,' ,- -,~ . ," k , I . ',--'~" ." ,L,...:.o.,,,~~" . ,'dr'" '-'-, ri-c'"-",-".h ,--~- '.- ,,'-'- " {''',: . ,i '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD E. ADAMS and CATHY A. ADAMS, his wife, Plaintiffs v. MARY LOUISE RAMSAY WOLF, RICHARD W. RAMSAY, LARRY M. RAMSAY, MARGHERITA R. RAMSAY, LYNN ANN WHITE t/d/b/a W.R. RAMSAY PROPERTY AND RENTALS, Defendants. No. 99-4227 Equity Term Civil Action - Equity TO: NOTICE TO PLEAD Marcus A. McKnight, ill, Esquire Irvin, McKnight & Hughes West Pomfret Professional Bldg. - 60 West Pomfret Street Carlisle, PA 17013-3222 You are hereby notified to file a written response to the enclosed Answer Pursuant to Rule 2252( d) within twenty (20) days from service hereof or a judgment may be entered against you. Date: 7/14/00 7J;~~~ Allert' C. Warshaw, Esquire AttorneyldNo.17145 Mary Pat Patterson Attorney Id No. 47620 DUANE, MORRIS & HECKSCHER LLP 305 North Front Street, 5th Floor P. O. Box 1003 Harrisburg, P A 17108-1003 (717) 237-5500 Attorneys for Mary Louise Ramsay Wolf ~t. ~..... -~:" .' ',~L " ~ .... ", ,~ - ,--" ,- " -' - ~.tat:ii .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DONALD E. ADAMS and CATHY A. ADAMS, his wife, Plaintiffs No. 99-4227 Equity Term v. MARY LOUISE RAMSAY WOLF, RICHARD W. RAMSAY, LARRY M. RAMSAY, MARGHERITA R. RAMSAY, LYNN ANN WHITE tJdIb/a W.R. RAMSAY PROPERTY AND RENTALS, Defendants. Civil Action - Equity ANSWER OF DEFENDANT MARY RAMSAY WOLF TO AMENDED COMPLAINT IN EOUITY 1. Adrnitted. 2. Admitted. 3. Denied. It is denied that the individual defendants put any real estate on the real .estate market. To the contrary, the real estate at issue was placed on the real estate market by W R Ramsay Property & Rentals, a Pennsylvania general partilership. 4. Denied. After reasonable investigation, defendant Wolf is unable to form a belief as to the truth or falsity of the allegations contained in paragraph four (4). Those allegations are therefore denied and strict proof thereof demanded at trial. 5. Admitted. 6. Denied. It is denied that on July 14, 1997 defendant Wolf individually or as a partiler in W R Ramsay Property & Rentals accepted, in a letter signed by Richard W. Ramsay, "",-'. ,,- ~ ,:', t " ", If,;~ the offer of the plaintiffs to purchase said real estate for the sum of Two Million and no/l00 $2,000,000.00) Dollars and that a copy of such a letter is attached to the Amended Complaint and marked as Exhibit "C" and is rnade a part of this Complaint. After reasonable investigation, defendant Wolf is unable to foun a belief as to the truth or falsity of the remaining allegations contained in paragraph six (6). Those allegations are therefore denied and strict proof thereof demanded at trial. 7. Denied. It is denied that, from July 14,1997 to August 13,1998 defendant Wolf, through Richard W. Ramsay or her legal counsel, repeatedly promised that settlement for the real estate would be held within a few weeks. After reasonable investigation, defendant Wolf is unable to form a belief as to the truth or falsity of the remaining allegations contained in paragraph seven (7). Those allegations are therefore denied and strict proof thereof demanded at trial. 8. Denied. After reasonable investigation, defendant Wolfis unable to foun a belief as to the truth or falsity of the allegations contained in paragraph eight (8). Those allegations are therefore denied and strict proof thereof demanded at trial. 9. Denied. After reasonable investigation, defendant Wolf is unable to form a belief as to the truth or falsity of the allegations contained in paragraph nine (9). Those allegations are therefore denied and strict proof thereof demanded at trial. COUNT I - IN EOUITY FOR SPECIFIC PERFORMANCE AGAINST ALL DEFENDANT 10. Defendant Wolf incorporates by reference paragraphs one (1) through ten (10) above as if set forth in full herein. ''ii ~ - ,-.- "'''''',,',' ,,' " ',;,-:,3; '~.>-.w.,,;.,n~-".,'~ '"<".,-. {._~'. ";,, 11. Denied. After reasonable investigation, defendant Wolf is unable to form a belief as to the truth Of falsity of the femaining allegations contained in paragraph six (6). Those allegations are therefore denied and strict proof thereof demanded at trial. 12. Admitted and denied. It is denied that the defendants agreed to breach any agreement to sell the property to the plaintiffs. It is admitted that defendants agreed to sell the property to defendant Mary Louise Ramsay Wolf. 13. Denied. It is denied that defendant Wolf reached a Settlement Agreement with the plaintiffs to pay the sum of Twenty Seven Thousand Five Hundred and nolI 00 ($27,500.00) Dollars and therefore that defendant Wolf refused to honor such a Settlement Agreement. After reasonable investigation, defendant Wolf is unable to form a belief as to the truth or falsity of the femaining allegations contained in paragraph thirteen (13). Those allegations are thefefore denied and strict proof thefeof demanded at trial. 14. Denied. It is denied that the legal counsel for Mary Louise Ramsay Wolf had reviewed and drafted the Release sent to the plaintiffs which they signed. 15. Admitted and denied. It is admitted that the plaintiffs seek specific performance and the conveyance by defendant Mary Louise Ramsay Wolf of the property she purchased from her brothers and sisters. It is denied that defendant W olfbfeached either an Agreement of Sale with the plaintiffs or a Settlernent Agreement with the plaintiffs since it is denied that she entered into either such agreement. After feasonable investigation, defendant Wolf is unable to form a belief as to the truth Of falsity of the remaining allegations contained in paragraph fifteen (15). Those allegations are therefore denied and strict proof therepf dernanded at trial. - ,.:; ,-,. ~ - , -,'- ." -;: - - -'->"'-'-' -,,' - ~ 'r rat'" 16. It is adrnitted that plaintiffs seek the relief set forth in paragraph sixteen (16). It is denied that they are entitled to that belief for the reasons set forth in paragraphs three (3) through fifteen (15) above and the New Matter below. WHEREFORE, defendant Wolf respectfully requests that judgment be entered in her favor and against plaintiffs. COUNT II BREACH OF SETTLEMENT AGREEMENT AND BREACH OF CONTRACT AGAINST ALL DEFENDANTS 17. Defendant Wolf incorporates by reference paragraphs one (1) through sixteen (16) above as if set forth in full herein. 18. Denied. It is denied that following extensive negotiations, the plaintiffs and the defendant Wolf reached a settlement which permitted the defendants to convey the real estate to defendant, Mary Louise Ramsay Wolf, provided the sum of Twenty-Seven Thousand Five Hundred and nollOO ($27,500.00) Dollars was paid by the defendants to the plaintiffs. After reasonable investigation, defendant Wolf is unable to form a belief as to the truth or falsity of the remaining allegations contained in paragraph eighteen (18). Those allegations are therefore denied and strict proof thereof demanded at trial. 19. Denied. It is denied that any settlement between plaintiffs and defendant Wolf was confirmed by correspondence dated December 19, 1998 by Charles H. Stone, Esquire, a copy of which is attached hereto and marked as Exhibit "D" and a copy of correspondence dated January 21,1999 by counsel for the plaintiffs, a copy of which is attached hereto and marked as Exhibit "E" and made a part of this Complaint. After reasonable investigation, defendant Wolf is unable to form a belief as to the truth or falsity of the remaining allegations contained in '.'J' , '.~-'- ',;-, "''''-'- ~' - ' paragraph nineteen (19). Those allegations are therefore denied and strict proof thereof demanded at trial. 20. Denied. It is denied that, on January 26,1999, counsel for the defendant Wolf faxed a General Release which was signed by the plaintiffs on February 5, 1999. It is denied that said release was given to counsel for the defendant Wolf and that Charles Stone was counsel for defendant Wolf. After reasonable investigation, defendant Wolf is unable to form a belief as to the truth or falsity of the remaining allegations contained in paragraph twenty (20). Those allegations are therefore denied and strict proof thereof demanded at trial. 21. Admitted. It is admitted that defendants have failed to pay to the plaintiffs the sum of Twenty-Seven Thousand Five Hundred and no/lOa ($27,500.00) Dollars Of, in the alternative, agree to convey the subject real estate to the plaintiffs. After feasonable investigation, defendant Wolf is unable to form a belief as to the truth or falsity of the remaining allegations contained in paragraph twenty-one (21). Those allegations are thefefore denied and strict proof thereof demanded at trial. 22. It is admitted that plaintiffs seek the relief set forth in paragraph twenty-two (22). It is denied that they are entitled to that belief for the reasons set forth in paragraphs three (3) through twenty-one (21) above and the New Matter below. WHEREFORE, defendant Wolf respectfully fequests that judgment be entered in her favor and against plaintiffs. NEW MATTER 23. There are no writings setting forth the essential terms of the alleged Agreement of Sale. ~-r .,. 'k ,_ ',.id..... ~"..-"S,' ',,_' '.: 'e_", '._ , ~,~, 24. There are no writings setting forth the essential terms of the alleged Agreement of Sale which have been signed by defendant Wolf or her authorized agent. 25. Plaintiffs' claims based on an alleged Agreement of Sale are barred by the Statute of Frauds. 26. At no tirne was Richard Ramsay authorized to act or speak on behalf of defendant Wolf with regard to plaintiffs, the sale of the land which is at issue in this case or the settlement of any disputes with plaintiffs. 27. At no time was Charles Stone authorized to act or speak on behalf of defendant Wolf with regard to plaintiffs, the sale of the land which is at issue in this case or the settlement of any disputes with plaintiffs. 28. At no time did defendant Wolf agree to sell any land to plaintiffs. 29. At no time did defendant Wolf agree to pay plaintiffs any money in order to settle any claims which they had against her or any other defendant. 30. Plaintiffs' claims are barred, in whole or in part, by the doctrine oflaches, estoppel and bar. 31. Plaintiffs' claims are barred by failure of consideration. 32. The alleged agreement upon which plaintiffs rely -- Exhibit "2" to the Amended Complaint -- is not a complete docUIIlfnt, is not signed by the party or any of the parties alleged to be bound by the agreement as sellers and, therefore, is not an agreement enforceable in law or equity. 33. Plaintiffs have failed to mitigate their damages. 34. Plaintiffs have filed to join indispensable parties. 35. Plaintiffs have failed to set forth a cause of action for which relief can be granted. .., . " <. "~-,~ " .j'"-., 36. Plaintiffs were never ready, willing and able purchasers of the subject real estate, never had funds or funding to complete the alleged transaction and plaintiffs breached the terms of their alleged contract by failure to close or tender the consideration for a closing prior to filing suit. WHEREFORE, defendant Wolf respectfully requests that this Court enter judgment in her favor and against plaintiffs. Respectfully submitted, Dated: 7/14/00 y~~/~~ Allen C. Warshaw, Esquire AttorneyIdNo.I7I45 Mary Pat Patterson Attorney Id No. 47620 Duane, Morris & Heckscher LLP 305 North Front Street, 5th Floor P.O. Box 1003 Harrisburg, P A 17108-1003 (717) 237-5500 HBG\52333.1 Attorneys for Mary Louise Ramsay Wolf -",'-' .~' "~:;; " ", ',,' -"'" '-'"-'0'- < --, ,;-~ FRc'lM : > FRX NO . DUANE, MORRIS &. Hcci~CHcK , , ILJ'..l' 'il .v~u~~,~4 1999 0g:08RM P3 JUL.' -II' 00 (TUE) \ i : 00 YEIUFICATION 1, M.ary Louise Ranisay Wolf,hereby aver and H\Jlte \\1at I have rcad the foregoing document which hllJl been draned by my counsel. The ract\lal sta\ements containeri therein are lrue and correct to the best of my knowledge, information und belief although ~he language is that of Oly calUlSe\ a11d, to the ~x\cnt Ihat the contcnt of the foregoing docurnen\. is that of cOlm~el, ! hav~ relied upon counsel in making thi, veriiicaticn, This ~\atement is mudi: 5ubjecll0 the penal'lie~ of 18 Pa. C.SA ~ 4904 relating to UllSwom lalsilicatlOn \(1 authoritie3, which provides that if! m:lke knowinlSly false statementS, ] m..)' be s\lbject to crimin~l pcna\illlS. m,'r&":U~ //)",,/ Mary uise Ramsay :/1 U 1/31;J.oc~ -- ~ , ,;, '" ';,; .,,, ,,1,... '~'''. ~ ~,,'-... "'''''''-';;J ~.' ", ~ .' CERTIFICATE OF SERVICE On this 14th day of July, 2000, I, Patricia Z. Glusko, a secretary in the law offices of Duane, Morris & Heckscher LLP, hereby certifY that I have served this day true and correct copies of the foregoing ANSWER OF DEFENDANT MARY RAMSAY WOLF TO AMENDED COMPLAINT IN EQUITY in the above-captioned matter, by depositing same in the United States First Class Mail, postage prepaid, in Harrisburg, Pennsylvania, to those persons and addresses indicated below: Marcus A. McKnight, m, Esquire Irvin, McKnight & Hughes West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, PA 17013-3222 Attorneys for Plaintiffs Donald E. Adams and Cathy A. Adams C. Roy Weidner, Jr., Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, P A 17043-0109 Attorneys for Defendants Richard W. Ramsay, Larry M. Ramsay, and Lynn Ann White ?~~~~ Patricia . lusko ,~, ~;"ic~~r;';dtk~~l;i,#';)itQl;&"'lI1liliW\o!'i:1ili-",_l1<<;lI~~->IE'Ii"lIlI,,,,.-,,""'~,-m-,> '",i"r"'''ii","-00?,18I~~~lti!~''''''~ M;[if01i~" .~I!!.ll ml IUIIIQ[ 1I.lI.I!!lIt,~"~,, ".." ." j~~~IiWII~"""'~ '. " < ,~,O~ ~~ jj ~lliilr iil!!!!i1ll.'Ol.! IW'J , .. ..~. 0 0 0 C '" -n :;;: W .... -0 :.1'. "'1 'T r;-j h~ tJ n":23 ....",-- :::D 'r- ~?~ I -,1 r 71 N ~D 9 r" C] '-{ c:) ~~ -0 :c '"I ("') ::r. C) .." 2: C) =::: :, 5' c: .,.. C.) en z: s;: =< m ~ ,_, ...',X '-0'" . h .' , ,', _ c_~.~,:. Ar/Jlirt1th P"Y) d4~.s a~LCvh~ ~ CJ !l.!::..Lj J~n e- fI)~ 'X 7w* VlA.-k, 1'"~1 e2.. X ) '/JJtP /3 '1'ir I~ I ('Iii / .j--" 'Ivf:q- '-~., 'I r~/c X vJi') I j -'-, r(vrJf. / & rf pJ.. / 7- Tf\ e2 0 -rll'~/ 'f;N r:2 '6 1ft Jo n "/"\ "1.;& 2. '-/vvJ ~(/) 3 --(~1.1 vJ I'D 1'Tt / I (fl' / S/' ~..'. ~;'! -pit/ G, J . () if! {'. . r :1'1 r~ \ ~' ~/ fillet "'Ail. / / 'Pi' ~ 0, C'..~ . '1#;LJI.. ff cW-Q~' d( (~r"q~<;) ~ ~t~SJ.SGC/-5/'tO ~ c.J~r..7()i-'ISVO ~--t:o,~ ~...,. ~ ~I.f~-~~~~ " ~~ ~ ,;;'e; r.J ~ . ~ QQo..JL, 4:J:;r7JL-Ol{fo~ [ . ~901 t^~)1t I, . ./ C1Af' , I r ,~A- ~M It Ot/3 .t!i " ,,~, ,~~_.._~.".:,,,,"-""~,,,,,,,"",^~ Cumberland County American Red Cross Needs YOU! Become a member of the Red Cross Disaster Response Team Free Training! Next Class - April 19th 9 a.m. to 4 p.m. Red Cross office -1710 Ritner Highway, Carlisle Call Stacy at 243-5211 for information. , I If you can not make the April 19th class please call for information on when the next class will be available. Saturday class will be available in May. t'-..: -. .. www.cwnberlandcountyarc.org ( \ I ~~ DONALD E. ADAMS and CATHY A. ADAMS, his wife, Plaintiffs v. MARY LOUISE RAMSAY WOLF, RICHARD W. RAMSAY, LARRY M. RAMSAY, MARGHERITA R. RAMSAY, and LYNN ANN WHITE Ud/b/a W.R. RAMSAY PROPERTY AND RENTALS, Defendants -" ,- -~ '--~-~--'';:. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DOCKET NO. 01-6322 : JURY TRIAL DEMANDED NOTICE OF HEARING BY BOARD OF ARBITRATORS YOU ARE HEREBY NOTIFIED that the Board of Arbitrators appointed by the Court has scheduled the Arbitration Hearing in the above-captioned case for Tuesday, August 16, 2005, at 9:00 A.M. at the Second Floor Hearing Room, Old Cumberland County Courthouse, Carlisle, Pennsylvania. Date: June 1, 2005 cc: Office of Court Administrator Curtis P. Cheyney, III, Esquire Wade D. Manley, Esquire Lindsay Dare Baird, Esquire Brian Caffrey, Esquire Sharon Clark, Esquire ~...../l / j', c.l By:.I./ .; ,I. /,~J 1~,--7.1---__----.. ". / . ,.. .~ Lindsay Dare Baird, Esquire Chairperson, Board of Arbitrators 37 South Hanover Street Carlisle, PA 17013 (717) 243-5732 ., I ", ,,-I, , ~. , ...i - ~ "_" ,,';0 ,- ^,^".-;.~' _--'.--, ',' "","'" DONALD E. ADAMS and CATHY A. ADAMS, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-6322 : CIVIL ACTION - LAW MARY LOUISE RAMSAY WOLF, RICHARD W. RAMSAY, LARRY M. RAMSAY, MARGHERITA R. RAMSAY, : LYNN ANN WHITE tJdlbla W.R. RAMSAY PROPERTY AND RENTALS, Defendants : JURY TRIAL DEMANDED NOTICE OF HEARING BY BOARD OF ARBITRATORS YOU ARE HEREBY NOTIFIED that the Board of Arbitrators appointed by the Court has scheduled the Arbnration Hearing in the above-captioned case for Wednesday, December 7,2005, at 9:00 AM. at the Second Floor Hearing Room, Old Cumberland County Courthouse, Carlisle, Pennsylvania. Lindsay Dare Baird, Esquire Brian Caffrey, Esquire Sharon Clark, Esquire Date: November 9, 2005 By: indsay Dare Baird, Esquire Chairperson, Board of Arbitrators 37 South Hanover Street Carlisle, PA 17013 (717) 243-5732 cc: Office of Court Administrator Curtis P. Cheyney, III, Esquire Wade D. Manley, Esquire George B. Faller, Jr, Esquire ~. @ @ \.QJ ~ -._^ -~, __ " ""'""~",,,- ~"'---,-, ,-",'~ ,~",.~,-. '.'.- ,~;~ MARTSON DEARDORFF WILLIAMS & OTTO MQW&to ATTORNEYS & COUNSELLORS AT LAW WILLIAM F. MARrSON CARL C. RISCH JOHN B. FOWLER III DAVID A. FITZSIMONS DANIEL K. DEAROORFF CHRISTOPHER E. RICE THOMAS J. WILLIAMS. JENNIFER L. SPEARS Ivo V. Orm III HILLARY A. DEAN GEORGE B, FALLER JR. '" .BOARD CERTIFIED CIVIL TRIAl. SPECIALIST' 10 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE FACSIMILE INTERNET (717) 243-3341 (717)243-1850 www.mdwo.com November 16, 2005 Curtis P. Cheyney, Ill, Esquire SWARTZ CAMPBELL LLC 1601 Market Street 34th Floor Philadelphia, PA 19103-2318 Wade D. Manley, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P,O. Box 109 Lemoyne, PA 17043-0109 RE: Donald E. Adams and Cathy A. Adams hlw v Mary Louise Ramsay Wolf, Richard W, Ramsay, Larry M. Ramsay, Margherita R. Ramsay, Lynn Ann White t1d1b/a W. R. Ramsay Property and Rentals No, 01-6322-Cumberland County C.C,P. No. 99-4227-Cumberland County C.C.P. Our File No. 11228,2 Dear Curtis and Wade: Lindsay Baird has now scheduled an arbitration hearing in this case for December 7, 2005. This is based on my understanding that the parties are interested in proceeding to a non jury trial. I have told Lindsay that it would be acceptable to all the parties to simply circulate a written decision for the arbitrators to sign as they need not convene on December 7; 2005, They will enter an award in favor of the Defendant and we will then go ahead and file the appeal so that the case can be listed for a non jury trial. This case was previously not ripe for a non jury trial; Cumberland County only recently raised its arbitration limits from $25,000.00 to $35,000.00. Since the amount in controversy is $27,000.00 plus interest, this case did not fall within the old arbitration guidelines. Very truly yours, MARTSON DEARDQRFF WILLIAMS & OTTO George B. Faller, Jr. GBF/ajt cc: The Honorable Edgar B. Bayley ...-Elndsay Baird, Esquire Mr. and Mrs. Donald Adams F:\FILES\DAT AFILE\GeneraI\Current\11228.2.cQunseIlO INFORMATION. ADVICE. ADVOCACY SM ,J .---'_<-1,,' "-- <--L " ,'"-, ~ "" '~"'-~ih'_""" & lQ.n ('0.;0'] ~ <Is -& L2.'L ~ lliAo.-u'n C~ Ie ~k9- S-'77' ~--. COL;Iv 7-3') - 0V{oj ~ fly Iftf-X {p S- a "-h VI /I-e.. 1760 :5 --. ~""'-""'~_..~' ~~-",~~ .....l~...........~\II~"> .~_ .,...;---""~"",, MDW&:6 ~-,~._-., . . (717) 243-3341 (717) 243-1 S50 wwW.mdwo.com ATTORNEYS & COuNSELLORS AT LAW WILLIAM F.MARTSON' CARL C. RISCH JOHN B. FOWLER III DAVID A. FITZSIMONS DANIEL K. DEARDORFF DAVID R.' GALLOWAY THOMAS 1.. WILLIAMS' CHRISTOPHER E. RICE lvo V 0170 III JENNIFER L. SPEARS GEORGE B. FALLER-JR.* HlLLARY A. DEAN .BOARD CERTIFIED CIVu.. TRlAL SPEClAUST 10 EAST FlloH STREEr CARLISLE, PENNSYLVAl'/lA 17013 TELEPHONE FACSIMILE INTERNEt L:J::J (Q) (: :-: i- "..>::::...--; Curtis P. Cheyney, III, Esquire SWARTZ CAMPBELLLLC 1601 Market Street 34th Floor Philadelphia, P A 19103-2318 November 7, 2005 . Wade_I)' Manley, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P .0. Box 109 Lemoyne, PA 17043-0109' :-J RE: Donald E. Adams and Cathy A.Adams h/w v Mary Louise Ramsay Wolf, Richard W. Ramsay, Latry M. Ramsay, Margherita R Ramsay, Lynn Ann White tldIb/a W. R. Ramsay Property and Rentals . . No. 01-6322-Cumberland Comity C.C.P. No. 99A227-Cumberlanc1 COul1ty C.C.P. oUr File No. 11228.2 Dear Curtis and Wade: As you know, pursuant to everyone's agreement, I had listed this case fornon-jury trial. The Cumber.landCourrty arbitration limits were just ipcrellsed from $25,000 to $35,000. I received a call from J1Jdge Bayley's office. Theyindicated that the matter would not be. put onto the non"jury trial list, due to the arhitrationlimits. I am, therefore, asking Lindsay Baird to go ahead and sohedule a hearing. She will need to: enter an arbitrator's award from which we willneed to appeal. The award can he entered in favor of the Defendants and I will perfect the appeal. Cutpperland County does not allow parties to proceed to a llon-jury trial under Pit.R.C.P. 1303(a2). Therefore, it will not be necessary for anyolle to 'attend the hearing. . I would suggest that Lindsay simply schedule this hearing at her earliest convenience or circulate an award amongst the various arbitrators through the mail. To make sure all.the i's are dottedandt's are crossed, she should probably send out a Notice. If anyone has any questions, feel free to give rne a call. Very truly yours, MARTSON DEARDORFF WILLIAMS & OTTO George B. Faller, Jr. GBF/nlm cc: /The Honorable Edgar B. Bayley Lindsay Baird, Esquire Mr. and Mrs. Donald Adams !)) I F:\FILES\DATAFILE\General\Current\11228.2.caunseI9 INFORMATION' ADVICE' ADVOCACY SM ~": __ ~ ,- -, I "~ ' ":.--- ",'", . -w_'"'. ,'Co"~," ,'~ ~,;1,,,.;,,~,,- ," ,,,- __ ~-~~ DONALD E. ADAMS and CATHY A. ADAMS, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-6322 : CIVIL ACTION - LAW MARY LOUISE RAMSAY WOLF, RICHARD W. RAMSAY, LARRY M. RAMSAY, MARGHERIT A R. RAMSAY, : LYNN ANN WHITE tJd/b/a W.R. RAMSAY PROPERTY AND RENTALS, Defendants : JURY TRIAL DEMANDED NOTICE OF HEARING BY BOARD OF ARBITRATORS yOU ARE HEREBY NOTIFIED that the Board of Arbitrators appointed by the Court has scheduled the Arbitration Hearing in the above-captioned case for Wednesday, December 7, 2005, at 9:00 A.M. at the Second Floor Hearing Room, Old Cumberland County Courthouse, Carlisle, Pennsylvania. Lindsay Dare Baird, Esquire Brian Caffrey, Esquire Sharon Clark, Esquire Date: November 9, 2005 BY.~~ . indsay Dare B~ird, ESqUir~ Chairperson, Board of Arbitrators 37 South Hanover Street Carlisle, PA 17013 (717) 243-5732 cc: Office of Court Administrator Curtis P. Cheyney, III, Esquire Wade D. Manley, Esquire George B. Faller, Jr, Esquire "~ .J',o ~' "0.;_ -<< '--,,^, '-c 'c4'\-' , F:\FILES\DAT AFILE\GeneraI\ClIfTent\1122B.2.not6\mam Created: 1124/05 11:41AM Revised: 8/8/05 10:52AM 11228.2 DONALD E. ADAMS and CATHY A. ADAMS, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6322 CNIL ACTION - LAW MARY LOUISE RAMSAY WOLF, RICHARD W. RAMSAY, LARRY M. RAMSAY, MARGHERITA R. RAMSAY, LYNN ANN WHITE, t1d/b/a W.R. RAMSAY PROPERTY AND RENTAL, Defendants JURY TRIAL DEMANDED REVISED NOTICE OF HEARING BY BOARD OF ARBITRATORS YOU ARE HEREBY NOTIFIED that the Board of Arbitrators appointed by the Court has scheduled the Arbitration Hearing in the above-captioned case for Thursday, October 13, 2005, at 10:00 a.m., at the Second Floor Hearing Room, Old Cumberland County Courthouse, Carlisle, Pennsylvania. Lindsay Dare Baird, Esquire Brian Caffrey, Esquire Sharon Clark, Esquire r Date: 5'11 {/ ::l By: ~\ /~Q cc: Office of Court Administrator George B, Faller, Jr., Esquire Curtis P. Cheyney, ill, Esquire Wade D. Manley, Esquire ~ -- ,c ."_'..,,,; Ll~'=;' ~~, ~-", -,-" 'l~i!li!t}j jERIW R. DUFFIE RICH/\ HD W. STE'vVART C. ROY WEIDNER. 11\ EDMUND G. MYERS DAVil) W DELuCE JOHN A. STATLER JEFFEHSON I. SlIlPMAN RALPH H. WRiGHT. /1\ MAHK C. DUFFIE JOHN K NINOSKY MICHAEL J. CASSIDY MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY LAW OFFICES JOHNSON DUFFIE OF COUNSEL BOHACE A. JOHNSON E LEE SHIPMAN BHULE J. GROSSMAN' :'ildmillcd in NY onlv \-\"H.1T[~li'S Ex'!', NfJ. 122 P} l\!f.\TL wdm';(i:Jds,\' .l;Olll September 22, 2005 George B. Faller, Jr., Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 Re: Donald E. Adams and Cathy A. Adams v. Mary Louise Ramsay Wolf Cumberland County C.C.P. Docket No. 01-6322 Dear George: I am in receipt of your letter dated September 16, 2005 wherein you request dates of availability for the continuance of the Arbitration Hearing in the above-referenced matter. At this point, I am available on the following dates: October 17, 2005 October 21, 2005 October 31, 2005 November 3, 2005 November 4, 2005 November 7,2005 November 11, 2005 November 14, 2005 November 18, 2005 November 21-25,2005 November 28-December 2, 2005 December 5-16,2005 If none of these dates are suitable, please contact me and I will attempt to make some changes, to the extent flexibility allows. If you have any further questions or concerns, please feel free to contact me directly. Very truly yours, csj:259168 cc: Curtis P. Cheyney, 111, Esq. Lindsay Baird Richard W. Ramsay Larry Ramsay LynnAnn White Jt;1S0Nl)FFIE, STEWART & WEIDNER wad~anl~;1J1/~ 301 MARKET STREET P.O. BOX 109 LEMOYNE. PENNSYLVANIA 17043.0109 WWWjDSWCOM 717.761.4540 FAX: 717.761.3015 MAIL@jDSWCOM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. -') ....1 ____ ;__"',, ",,"'-.0'';'. ~. '-.,dI;Jt'i!i1ft~',: MARTSON DEARDORFF WILLIAMS & OTTO MI2W&O (717) 243-3341 (717)243-1850 www.mdwo.com ATTORNEYS &. COUNSELLORS AT LAW Wrr:UAM F. MARTSON CARL C. RISCH JOHN B. FOWLER 111 DAVlP A. FITZSIMONS DANIEL K. DEARDORFF DAVID R. GALLOWAY THOMAS J. WILLIAMS* CHRISTOPHER E. RICE lvo V OTTO 1IJ JENNIFER L SPEARS GEORGI? B. FALLER JR.* HILLARY A. DEAN "'BoARD CE,\l..TIFtnD CWIL TRIAL SPEClAUST 10 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE F ACSIMlLE INTERNET (0) (Q) lQJ /< ;:-:-/,..,,..- September 16, 2005 Curtis P. Cheyney,m, Esquire SWARTZ CAMPBELL LLC 1601 Market Street 34th Floor Philadelphia, P A 19103-2318 Wade D. Manley, Esqnire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 RE: Donald E. Adams and Cathy A. Adams h/w v Mary Louise Ramsay Wolf, Richard W. Ranlsay, LarryM. Ramsay, Margherita R. Ramsay, Lynn Ann White tJdIb/a W. R. Ramsay Property and Rentals No. 01-6322"CumberlandCounty C.C.P. No. 99-4227-Cumberland County C.C.P. Our File No. 11228.2 Dear Curtis and Wade: On September 14, 2005, I spoke with Wade regarding the suggestion to have this case conducted via a non-jury tria!. Wade indicated that it was his preference to simply continue the Arbitration hearing due to Charles Stone's una.vailability on October 13; 2005. I am, therefore, asking that both of you send me your calendars for the next several months so that my office can reschedule this hearing with Lindsay Baird. Very truly yours, MARTSON DEARDORFF WILLIAMS & OTTO George B. Faller, Jr. GBF/mam cc: Lindsay Baird, Esquire / Mr. and Mrs. Donald Adams F:\FiLES\DATAFILE\General\Current\11225.2.counse17 INFORMATION' ADVICE' ADVOCACY SM "'='="~"""":~"'''~''''''~~;''"''''''''.''''.''~'''''''''""----'''_'4'~-4-'~-"~'''''''''~''''''''i~~~~......1'':"'''.~otli.o.;'.~~'-''':'"''~''''''~~'<-li<''1ilb.....~'''~'-'--!\'''''''b1llc'''G.' )"~~"i~,""1-'>f;;'1;__J..>,-,--,,"-"",,,~,,_;,< "-" --- MQ!t&:6 10 EAs.rIIIGHSfREEr CARLISLE, PENNSYLVANIA 170.13 '!"ELEPHONE (717) 243.3341 FACSIMILE (717)243-1850 ,--INTERNET .www.mc:iwo.com AITORNEYS & COUNSELLORS AT LAW WILLIAM.F. MARrSON CARLC. RISCH JOHN B: foWLER III DAVID A. FITZSIMONS DANIEl; K. DEARDORFF DAVID R. GALLOWAY 1'!!oMAs 1. WILLIAMS' CHRISroPHER E. RICE !Vo v: Orro 111 JENNIFER L. SPEARS GEORGE B. FALLER JR.' . HILLARY A. DEAN *BQARD CERTIFIED CML TRw.,SPEcIALlST Curtis I'.Cheyney,m,Esquire SWARTZCAMPBELLLLC 1601 Market Street. 34th Floor Philadelphia,PAI9103-231S . . LindsayDareBaird,Esquire . 37 South HanoverStree.t Carlisle; PA 17013 July 12, 2005 . Wade D. Manley, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne,.p A17043-0109 Brian Caffrey, Esquire ECKERT SEAMANSCHERlN &MELL 213MarketStreet HarrisbUrg,PA17101 Sharon F. c:lark,. Esquire' . P,O.Bo)( 65 Annville,p A 17003 , ' " " ' RE: Donald E. Adams and Cathy A. Adams h/w v Mary Louise Ramsay Wolf, Richard W. Ramsay;LarryM. Ramsay, MargheritaR Ramsay, Lynn Ann White tld/b/a 1,'- , ',-, '" ,',," W:.R,. RamsayPropertyand,Rentals . . No,'0l-6322-CUhlberlarul.Countyc:C.P. '. No. 99-4227cCumberlandCounty C.CP.' Our FileNO. 11228.2 ..,.. . '. DearCo\lnsel: . .' . . . . . Asyoukhovi-,the ArbHration Hearing in the above matter has been scheduled for Tuesday, August 16~2005;af9:00 a.m. Myclientswill be out oftownduring this weekso I am requesting thattheheariIj.g ber~scheiluled. Enclosed is a copy of lIlY calendar for August and September with myunavat.Jab.. h:dat.es.cr.bS.. s.... edout. Iwould.appreci.ate itifyou would"forwardyo).!f caiendarsto my office.sothatwe,canschedule amutually convenient date.. '. . . . . . . Sho~lld y\>unave any questions, feel fr<<eto contact me. Thank you far your cooperation and assistan:c.e. . GBF/mam Enclosure cc.: Mr. andMts. Donald Adams F: \FILES\DA T AF1LE\G~eral\CuIT~t\ 11-228,2,cOUll~~14 yours, . N'DEARDORFFWlLLIAMS & OTTO .Ge IN F 0. RM AT (0 N . A D V ICE . A D V a CAe y 8M . . t_,,"~,"'>-rf;--= ~-~",;;;..' -, .'....'",;.,b:,-,'i;i..i>I"r.""""~;.b::;."~~'f."':.... -wxk,:,.lt;;r"SA'wh'C)'"r.".i'<;'ti,),:,-~',,,,~~'iii,,;;:':'~i~,>b",',,,,,";.i :r"d;{'.~_'~:~'> i;," .';':"< ,,~i. t,;:.,_ !':i",;':':"''';.5~,'"",\",.t,-~"~,~,,,;~"<.h,;';'1.H<,~~...f<i'-t''''~''~~>:F~-1)iJ1!@fii:il'.E:'!\.;.-"M')-"~{-'iC;W'c-;-""iIl!!:1 \ . . [" , i . I ~ 8 . --- Monday - -.. 1 -J. "~" .i ,L __ ~ . ",' "~~""",,,,,^,!,,,~,:,,,~ I I August 2005 G:D ~ ~JfVedneSdaY~_2hursday Friday ,3 ,4 '5 ,-) ~ 8 ~I o jz~TueSda~ i i i I I 9 , I h-- 115 I I I I I ,.,~.~___~_..,_~_,L___,_ !16 -- u 117 I i n__~n_____ 123 I ! .-1--........--- I , 30 I I I I I __. "_____L I' \ ) .....J "---,-^ 112 I I I ! /~, \...../1 I I I [--.---..--.- i29 I I /------..... ! ! \'_/ , 1--- , , c..._no-.-..-.--.-- . I 1------- ino I \----_/ in__ I_ '- Melissa Mowery --=---~i- ---:-:- 19 I I 31 i ..._____L_ 11 12 25 26 ;'"1 -j I ~---i I -------; -! 7/1212005-9:41 AM ~ ~ ~ I~, - '-', .~ " . . l , i I I 8 f u__flAondllt___J_ Tuesday ~ '-- -~~~=~.= ..==~= -=--=----=--=-=---=-=-=----==- I 1---' ..- --- ---.--...-..-...-...----..-- 8 I=~==----_-- -=-::-~=--=-=-=:..==--===-==== I~---~-'=====I~ ----==--=:~-17-===------=------ 8--- ._..m_... '1,9 81 I I i I I ! i I i i...... i .112..-------:1n-~----:-- -----:1-4 -------:--==.li:5-.~.-:- I , , ! September 2005 Wednesday ---1 __Thu~sday r, , ). 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I i , ----.------j --I j , .... __ ___1 Melissa MoweN 7/12/2005-9:41 AM it " "',~ - .--' ~-, ' ,~';; ,,_"',-A__ -j "','~" .~ki:;'/~ ~ c9/0 - oCD l./ - S 1'10 ([)~. - LJt-~-4 ~~ ~iA ... ~ ~ '6/J&' ~ . ~ '. _ ~~ Q..~ 7/PJ4:/S4tJ )(1r;d2~ C5 ~ {JjO~""D ~\)' ~.w~YJ/7~ ..{v,,-U , ~~ JJIJ~.._k.ol~ ~~~S-III_ ~~~yi"'k (2)-i ;;'i3-(p;J~d - ~~ C){L~ ~~~~~,~ ~iDl:O~ "'~~Id,O() ~~~ c!lJ~~- ~O'Y\-~~~~ ~~-yvL~, C~~-'37-(jLl{OS) . ~~~- ~Coq-':)9 9S' ct--~~~~~- p. 0, &~ (.,f/ ~J fA- 11003 :::;-k^- \~ ~ .t l-o ~~ "" ote ~ /(LJUlU:: ~~ ~~~~/~ ~ ~@ uJ~~ ~ll-~d'lM- ~ . v<> ~ ~.~.~ ~'\U~ ~ - ~I' -",j~ [\'epuo lIC OJ Lilt: l:"'li ~ I .!.U!J~,Jlc',-:' OFFICE OF THE Cl\rIL REGrS'[Rl~N StJHTC-, 'l!\!\tli:\LE~; february ~1. 2005 Itl \:\'H(j~j 1'1' ~"i.'-\\:' CO:':CERY: w:= cert:i 'fy t hEt t. :':U1l0ng_ othe.cs, in our Register of Marriages the 011 following facts of Ularrlage page 0011 of book number 01~. ::!"\F80." HUSBAND WIFE :'~i-)me PRX BRADfORD T. HEISEY ,.IELY O. IGAY :\g:;; > '.l:~,nsh.i p ':- , :' _1 1 ~S"l;'-1 t us Fathe-r ;~1n tner ~- i -, AMERICAN Single JACOB HEISEY PIA HET SEY FILIPI:'\O ;.:, ;.!',o:::-'.':;' I::,~GE:\lO IGAY fLOR!~. OLANDA Registry number Date of regi~tratlon 1)3. t e __,,)1' i1la r r i age Place of l!lBrri8g~ 8'700325 ,:\ugt~:sr. 2S~ 198: h.t1 gu::~t 2-8" L c:: ':~- StiS1C. ZA).lJ3ALE> , " "1 if i C8. t iOl1 1s issued t (; I\ORIFt: ~ . P'1t\ i __ (i' I I :;~l/,', /-~--,......-\,)"J';~ \io.:;.';'~l"-"'. ..10!;':'<::l.v--UI?Vi~ .' _" ~ ..."' .0"'::: ~1'l'.2::' ~ ....[VIr. REGISTR.'-\F ! ~ ' \,; !:;.;."! l).;': I .~, '! F S S ':1 i ~\F g_ . ,~n r-yf'I')" 4_ '- ~'. '. _ !,,:,,' l" _,.... VlrJ.!\~ ;.\ l _.,:,'.:;.111:' p...:':' td ',),F. ;'<\.1l11bc~r JO.... ~) 200140- :lst Febru.1TY 2005 l!,:t,:.: Pn id ','ct,,,:;,: ,'\ lft(\((:. er('~Sl1.r-'j or ,!,1..tteri,;t.l.(,}11 ():..' i:1'1)' entl'Y inl....:?[idi~~te::: , . .. , l- n ,~,'~ t: e:r lIt l en '( .\. ,', "--,-",""""~"!ib'"''''';_',-",~"""._<,,"",,=-..,,->_,.....;.-,,~~__~w,.~,,,,,",~~krl;~__~~ '''''''''''d~,,,,,,,'''''''''',,;'',",,,Illi'''''''''--'l'',,---''''''''''-''''''''~''~ "c',' MDW&:6 INFORMATION. ADvicE .'ADvOCACY ' TELEPHONE FACSIMILE INTERNET (717)243-3341 (717) 243" 1850 Www.mdwo:com ATTORNEYS & COUNSELLORS AT LAW WILLIAM F. MARTSON CARL C. RISCH JOHNB. FOWLER III DAVID A. FITZSIMONS DANIEL K. DEARDORFF DAVID R. GALLOWAY THOMAS J. WILLIAMS. CHRISTOPHER E. RICE Ivo VCOTTO III JENNIFER L SPEARS GEORGE B. 'PALLER JR.-* HILLARY A. DEAN -BOARD CERTIFiED CIVIL TRrAL SPEClALlST 10 EAST HIGH SrREET CARLISLE, PENNSYLVANIA 17013 August 10, 2005 Lindsay Dare Baird, Esquire 3'TSouth Hanover Street Carlisle, PA17013 RE: Donald Eo Adams and Cathy A. Aqams hlw v Mary Louise Ramsay Wolf, Richard W. Ramsay, LanyM.Ramsay, Margherita R. Ramsay, Lynn Ann White t1d/b/a W. R. RamsayPropertyand Rentals No. Oic6322-Cumberland County C.C.P. Our File No. 11228.2 Dear Lindsay: Enclosedpleasefmd a Revised Notice of Hearing by Board of Arbitrators in the above matter. Please sign and forward the Notice to all counsel and arbitrators. Should you have any questions, feel free to (;ontactouroffice. Thank you for your cooperation and assistance. Very tr).llyyours, GBF/mam Enclosure cc: Mr. and Mrs. Donald Adams (w/ enc.) F:\FILES\DA T:AFILE\General\Cuirent\11228.2.lbl INFORMATION. ADVICE. ADVOCACY 8M ~\ti)1:'i.'),?~~",,';,~~,~<:;:..."'~<k!ffi~;$':k~L~":!-i~'f::~i,;),iS,~'~ ~"._"",,,,~'~"''-.,:w-,if'~;;i-~,:'_, _\,;~~"\, ":-"._d, ',,"';':-: 0,;,i_....,""',"";."."""',..;__...~_, ,,"'_,~~~ ,t~<_" ,",',~"'-__ ,_,,', ,".. ,-~ -, >0' ~ , . ~_.. . ~ " . -, '-,~ ',;, '~J~'...~~:~ PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) 0-- RECEIVED OCT 17 2005~r TO THE PROTHONOTARY OF CUMBERLAND COUNTY o -n -\ F.>~ --r)\1"t -::11:9 (XX) for trial without a jury. ~( e,..) C~<;:fi ~A:TION-~AS~ . ----------.-----------.- j~; -~ 1~-.. (entire caption must be stated in full) (check one) ~ N :!i: ~ 0''' Please list the following case: () r;:; s' for JURY trial at the next term of civil court. ;~.ff' r-> = <=> C.T' co C) -' ~ (Check one) DONALD E. ADAMS and CATHY A. ADAMS,. his wife Assumpsit Trespass Trespass (Motor Vehicle) (Plaintiff) ( x ) Rp.;:! 1 F.~r ,qrp (:()nrrrl r-r (other, vs. MARY LOUISE RAMSAY WOLF, RICHARD W. RAMSAY, LARRY M. RAMSAY, MARGHERITA R. RAMSAY, LYNN ANN WHITE, t/d/b/a W.R. RAMSAY PROPERTY AND RENTAL The trjallis! will be called on 12/27/05 and Trials commence on 1/23/06 (Defendant) . 1/4/06 PretrialS Will be held on (Briefs are due 5 days before premals.' v5. (The party listing this case tor trial shall provide forthwith a copy of the praecipe to all counsel. pursuant to local Rule 214.1.1 No. 01-6322 Civil Action 19 Indicate the attorney who will try case for the party who files this praecipe: George B. Faller, Jr., Esquire Indicate trial counsel for Olner parties If xnown: Curtis P. C~:l'ney~IE~~qu.ci:re__ Wade D. Hamley, Esquire This case IS readY for tr'al. Siqneo: ~.e;~~ .... "'rlnt ~Iame: George B. Faller, Jr., Esquire . ~. ~ ~ .. .. -- ,. '!.ro,-,.;,~,,~._,_ .... ~f'1 " DONALD E. ADAMS and CATHY A. ADAMS, his wife, Plaintiffs, COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL ACTION - LAW MARY LOUISE RAMSAY WOLF, RICHARD W. RAMSAY, LARRY M. RAMSAY, MARGHERITA R. RAMSAY, and LYNN ANN WHITE t/d/b/a W.R. RAMSAY PROPERTY AND RENTALS, DOCKET NO. 01-6322 Defendants. ORDER AND NOW, this day of ,2006, upon consideration of the Motion for Post-Trial Relief of the defendant, Mary Louise Ramsay Wolf, and the Answer thereto, it is ORDERED AND DECREED that the Findings of Facts and Conclusions of Law within the Order of March 27,2006 are vacated, AND FURTHER, that judgment is entered in favor of the defendant, Mary Louise Ramsay Wolf. BY THE COURT: J. ~l -~ , ~.~- t.Il:h. ~ - ~ _ ~ .J '. ~ -~ j' d '" ~- ~--"""",,,,,"\=;,,,:,"..k~ .,. . ). SWARTZ CAMPBELL LLC By: Curtis P. Cheyney, III Attorney Id. No. 03827 1601 Market Street, 34th Floor Philadelphia, PA 19103 Telephone: (215) 564-5190 Facsimile: (215) 299-4301 Attorneys for Defendant, Mary Louise Ramsay Wolf DONALD E. ADAMS and CATHY A. ADAMS, his wife, Plaintiffs, COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL ACTION - LAW MARY LOUISE RAMSAY WOLF, RICHARD W. RAMSAY, LARRY M. RAMSAY, MARGHERITA R. RAMSAY, and LYNN ANN WHITE t/d/b/a W.R. RAMSAY PROPERTY AND RENTALS, DOCKET NO. 01-6322 Defendants. MOTION FOR POST-TRIAL RELIEF OF DEFENDANT, MARY LOUISE RAMSAY WOLF The defendant, Mary Louise Ramsay Wolf, ("Wolf') by her counsel, Swartz Campbell LLC, hereby files this Motion for Post-Trial Relief and avers as follows: 1. The present civil action to enforce a contract of settlement (Count II) proceeded to trial in the Court of Common Pleas of Cumberland County before the Honorable Edgar B. Bayley on March 22, 2006. 2. Following the non-jury trial, the Honorable Edgar B. Bayley entered an Order dated March 27,2006 containing the Court's Findings of Fact and Conclusions -~ 0i] ,It < . , of Law within the Discussion section of the Opinion (See Exhibit "B") and finding in favor of the plaintiffs, Donald E. Adams and Cathy A. Adams, and against the defendant, Wolf. 3. The defendant, Wolf, respectfully requests that the Court direct the entry of a judgment in favor of the defendant, Wolf, in that: (a) The award of interest was in error and contrary to Pennsylvania Rules of Civil Procedure 229.1; (b) The award of damages was in error and contrary to the law and the weight of the credible evidence; (c) The award of a fmding a breach of contract by Wolfwas in error, contrary to law and the credible facts and the pleadings; (d) The finding that Wolfs testimony was not credible is contrary to the facts and an abuse of discretion; (e) The finding that Richard Ramsay's testimony was credible is contrary to the facts, inconsistent with his other testimony that he did not authorize the Stone offer letter for settlement and is therefore an abuse of discretion; (f) The Court's reliance on post-transaction (sale and the Wolf purchase) events is not relevant as after the transaction, there was no consideration for an enforceable settlement contract. 4. The defendant, Wolf, respectfully requests that the Court modify and 2 """".~ - .' , '=>'~'" ~M~ -~'~-" ..",>,j,,",,,~~,,>- ;, ~. change the decision to enter judgment in favor of the defendant, Wolf, in that: (a) The credible evidence from each and every party was that defendant, Wolf, did not authorize anyone to extend an offer of settlement to plaintiff Adams or to enter into a settlement with the Adamses on her behalf at $27,500; (b) The credible evidence was that Richard Ramsay did not authorize Stone, his attorney, to offer a settlement to the Adamses at $27,500; (c) The award of interest was contrary to the law and the facts as the contract sued upon did not provide for a due date of payment of the $27,500 by Wolf, after the closing date of the real estate transaction; (d) The right to an award of $27,500 and/or interest thereon had been waived or abandoned by plaintiffs Adamses and their attorneys, including Stone as agents for McKnight at the real estate transaction. 5. The Court erred as a matter oflaw in finding that the defendant, Wolf, had a duty to ever make a settlement payment to the plaintiffs, Donald E. Adams and Cathy A. Adams, on behalf of Richard Ramsay and/or the other Ramsays 6. The Court erred as a matter of law in fmding that there existed a Wolf "obligation to pay interest" within the.contract sued upon, a duty that was accepted 3 --",. "''''''" _.,~ I~' _ , -' ~ ,"- '.. , . . ',,~ ~"!.";i:t;,,,,,;: ~, '. by Wolf and for which any rightful demand had been made by the plaintiffs, Donald E. Adams and Cathy A. Adams, as part of a settlement with the Ramsays. 7. In the present case, the plaintiffs, Donald E. Adams and Cathy A. Adams, never established a viable enforceable contract for the sale of the subject real estate for which any legal enforceable claim against Wolf could exist as a consideration for a settlement by Wolf. 8. In the present case, the plaintiffs, Donald E. Adams and Cathy A. Adams, failed to establish that Wolf agreed to have Stone and/or Richard Ramsay to extend an offer to the Adams for settlement on her behalf, and/or on behalf of her brothers and sister as there was no colorable legal claim by Adams to purchase the partnership's real estate. 9. The court disregarded the settled law of Pennsylvania in its finding of facts and conclusions oflaw. 10. The Court erred as a matter oflaw in finding that the defendant, Wolf, was required to make a payment of $27,500 plus interest to the plaintiffs, Donald E. Adams and Cathy A. Adams. 11. The trial court erred as a matter oflaw in fmding that the defendant, Wolf, breached the contract authorized by her or supported by valid consideration for the payment of $27,500 for Richard Ramsay or other Ramsays upon which plaintiffs brought suit. 12. The trial court erred as a matter of law in finding that the defendant, 4 -* -- ~~ - ,-~'-j "" , , 0 "~,~, "~~'''~...L,-,'- 1"" , , Wolf, was a Ramsay party against whom the plaintiffs sued for breach of contract. 13. The trial court erred as a matter of law in finding that the plaintiffs were not estopped and/or barred from recovery by their own contributory negligence, the negligence of their agents (McKnight and Stone, agent for McKnight), and their failure to mitigate any loss and/or because they acted or failed to act so as to be the sole cause of any loss. 14. The trial court erred in finding that Stone was the agent for Wolf and/or the evidence failed to establish that the terms of the Stone offer was not itself contingent on a discretionary decision by Wolf at the transaction of the real estate to payor not to pay, without recourse or prejudice to her. 15. The finding in favor of the plaintiffs, Donald E. Adams and Cathy A. Adams, should be changed and judgment entered in favor of the defendant, Mary Louise Ramsay Wolf. Grounds for Relief 16. The defendant, Mary Louise Ramsay Wolf, preserved all of the above noted issues through objections, and in the Pre-Trial Memorandum fIled with the Court, each is incorporated by reference. 17. The defendant, Wolf, preserved all of the above noted issues through the filing of appropriate Memoranda of Law, including Pre-Trial Statement and Pre-Trial Memorandum. 18. The defendant, Wolf, preserved all of the above noted issues by stating 5 ~l ~ "'~ ~.."~~..~- ~,> ~Q-- L - ';"" -'rh.~.h.,.""",,, ~, . , her position during the opening statements, the presentation of evidence and the closing arguments and by noting appropriate objections during the course of trial. 19. The finding in favor of the plaintiffs, Donald E. Adams and Cathy A. Adams, should be changed and judgment entered in favor of the defendant, Mary Louise Ramsay Wolf, as the Court's findings and conclusions disregarded conclusions of the Court stated by Judge Bayley during the trial. Relief Reauested 20. The defendant, Wolf, respectfully requests that the Court's Fim:lings of Fact and Conclusions of Law be modified as to state a judgment in favor of the defendant, Mary Louise Ramsay Wolf. 21. The defendant, Mary Louise Ramsay Wolf, respectfully requests that the Court's Findings of Fact and Conclusions of Law be changed in favor of the defendant, Mary Louise Ramsay Wolf, that she did not expressly authorize anyone on her behalf nor did she by herself offer the Adamses $27,500 in exchange for a Release. 22. The defendant, Mary Louise Ramsay Wolf, respectfully requests that the Court enter judgment in favor of the defendant, Mary Louise Ramsay Wolf and/or grant a new trial. 23. The defendant, Mary Louise Ramsay Wolf, respectfully requests that the Court's Findings of Fact and Conclusions of Law be vacated and withdrawn and that the Court reconsider its findings offact and conclusions oflaw after review of proposed fmdings and conclusions submitted by the parties and after the transcript is 6 1l """~-~- . "' I~ .1 - ~' . < . reviewed and then that a judgment be entered in favor of the defendant, Mary Louise Ramsay Wolf, on the whole record to this action. 24. The defendant, Mary Louise Ramsay Wolf, respectfully requests leave to support this Motion for Post-Trial Relief upon review of the transcript and by supplemental filing. WHEREFORE, the defendant, Mary Louise Ramsay Wolf, respectfully requests that the Motion for Post-Trial Relief be granted and the judgment vacated; and, further, that judgment be entered in favor of the defendant, Mary Louise Ramsay Wolf, in the present matter. Respectfully, SWARTZ CAMPBELL LLC Curtis . C eyney, III, Esquire I.D. N. 3827 1601 Market Street, 34th Floor Philadelphia, PA 19103 215-299-4304 Attorney for Defendant, Mary Louse Ramsay Wolf Dated: April 6, 2006 7 I,'"""" ~",j)rt"""_Jf, if ~" 1 _ ., -, > " '., '" ....\k"'"'~~"",d,i', ..' . . SWARTZ CAMPBELL LLC By: Curtis P. Cheyney, III Attorney Id. No. 03827 1601 Market Street, 34th Floor Philadelphia, PA 19103 Telephone: (215) 564-5190 Facsimile: (215) 299-4301 Attorneys for Defendant, Mary Louise Ramsay Wolf DONALD E. ADAMS and CATHY A. ADAMS, his wife, Plaintiffs, COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL ACTION - LAW MARY LOUISE RAMSAY WOLF, RICHARD W. RAMSAY, LARRY M. RAMSAY, MARGHERITA R. RAMSAY, and LYNN ANN WHITE t/dIb/a W.R. RAMSAY PROPERTY AND RENTALS, DOCKET NO. 01-6322 Defendants. MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR POST-TRIAL RELIEF OF DEFENDANT MARY LOUISE RAMSAY WOLF GENERALLY The plaintiffs, Donald E. Adams and Cathy A. Adams, his wife (the "plaintiffs"), in the present matter made ineffective and unenforceable efforts to purchase a parcel of real estate owned by a partnership with improvements (trailer park, apartment house and office building) thereon that was ultimately purchased by one of the partners, 8 ilff ~,",_. ,'0 , defendant, Mary Louise Ramsay Wolf, the surviving partner ofW. R. Ramsay Property and Rentals after the other partners withdrew. The plaintiffs may have believed that they had an agreement to purchase the property, although there was no such legal and enforceable agreement signed by the partnership, the partners or defendant, Wolf. Plaintiffs now seek to enforce an alleged settlement agreement with the defendants, Richard W. Ramsay, Larry M. Ramsay, Margherita R. Ramsay, and Lynn Ann White t/d/b/a W.R. Ramsay Property and Rentals, a partnership, including the defendant, Mary Louise Ramsay Wolf, relative to their legal claims arising from the uncompleted transaction to them. The present matter involves an attempt by plaintiffs to enforce a settlement agreement against the defendants. The evidence shows that Mary Louise Ramsay Wolf, however, was never a party t() the settlement agreement and never agreed to it. The evidence further shows that Mary Louise Ramsay Wolf never authorized any other individual to offer the Adamses a settlement proposal or to enter into a settlement agreement on her behalf. These facts were not disputed. Under Pennsylvania law, these undisputed facts require a finding that there is no settlement agreement as to Mary Louise Ramsay Wolf. Accordingly, plaintiffs' claims against Mary Louise Ramsay Wolf necessarily fail and judgment should be entered in her favor. 9 ,~_" < '~"_~~ _,__ .~"~~_ E - '-' ' -- ,,",.-.,, "'~~""';~"'~.'_<l> '. '. FACTS In the present matter, the plaintiffs, Donald E. and Cathy A. Adams, fIled a two count Complaint in the Cumberland County Court of Common Pleas on November 5, 2001 against the defendants. See Exhibit "A", Complaint. In Count I of their Cornplaint, the plaintiffs asserted a claim for breach of contract and for specific performance of a sale of partnership real estate, which has now been dismissed; they continue to assert a claim of breach of settlement agreement contract against the defendants for $27,500.00 (plus interest). The plaintiffs allege that on or about October 23, 1996, the defendants placed for sale a parcel of real property located at 107 Old York Road, New Cumberland, Fairview Township, York County, Pennsylvania at $2.7 million through a real estate broker (hereinafter referred to as the. "Property"). See Exhibit "A" of the Complaint, Broker Listing Agreement. The plaintiffs allege that on May 7, 1997 after the expiration of the Listing Agreement they made an offer ofless than the asking price to one of the partner defendants for the purchase of the whole of the partnership property and its business in the amount of $1.9 million. See Exhibit "A" of the Complaint, 1[5. The plaintiffs contend that they later raised their offer by a communication not in writing to Richard Ramsay for limited property (61 pads and apartments and back hoe) to be purchased at $2 million. See Exhibit "A", Complaint,1[6. The plaintiffs allege that the defendants, by the written memorandum of Richard Ramsay, as Manager, accepted the $2 million offer to purchase, but no other material and essential term to establish an 10 ~ ,h ""'~",-",,,,0" " enforceable contract to sell or purchase real estate was ever agreed upon or reduced to a writing signed by all the partners or the partnership and against whom these claims are made. See Exhibit "A", Complaint, 11 6. The partnership has been dissolved; the partnership interests of the three partners other than Mary Louise Ramsay Wolf have been sold to Mary Louise Ramsay Wolf on January 26,2005. The plaintiffs contend that they received notice on or about August 26, 1998 that the defendant, Mary Louise Ramsay Wolf, did not want to sell the Property to them. See Exhibit "A", Complaint, 1111. The plaintiffs allege that the defendant, Mary Louise Ramsay Wolf, wanted to purchase the selling partners' interests in the property and they agreed. See Exhibit "A", Complaint, 11 12. There is no evidence that Mary Louise Ramsay Wolf ever desired or agreed to sell her interest in the partnership or the real estate to a third personnot of the family. Originally, in their Complaint, although there was no signed agreement of sale, the plaintiffs, Donald E. and Cathy A. Adams, contend that the sale of the property by the defendants other than Mary Louise Ramsay Wolf, to the defendant, Mary Louise Ramsay Wolf, constituted a breach of an agreement to sell the property to the plaintiffs. This count of the Complaint was dismissed by Praecipe. See Trial Exhibit. The plaintiffs still contend that the defendants breached a latter agreement suggested by Charles H. Stone, Esquire ("Attorney Stone") for the Ramsays (not Wolf) to pay plaintiffs the sum of $27,500.00 to resolve their dispute. Defendant Wolf was not represented by Stone; Stone never talked to Wolf or received authority from Wolf or her 11 - " " .~~ ,~ ~ ~ , " " '. attorney to offer a settlement to the Adamses. The Stone settlement proposal was contingent on Wolfs discretion to pay at the time of the transaction, discretion to be exercised by Wolf, without prejudice to her. LAW (a) Generallv The evidence shows that the plaintiffs can offer no proof that the defendant, Mary Louise Ramsay Wolf, was ever a party to any settlement agreement or authorized an offer of settlement to the Adamses. The evidence shows that Mary Louise Ramsay Wolf is not legally bound by the actions of Attorney Stone or Richard Ramsay because she did not authorize him to act on her behalf to extend an offer through Stone to the attorney for Adamses nor did she ever agree to a settlement with the Adamses. Plaintiffs' claims, therefore, will necessarily fail. (b) Plaintiffs' Burden of Proof The plaintiffs have the burden of proving a breach of an express settlement agreement contract. See Levine v. Giant. Inc.,197 Pa. Super. 339, 178 A.2d 802 (1962). It is axiomatic that as part of their proofs, the plaintiffs must show but failed to demonstrate that the party against whom they allege a breach was a party to the subject contract for a settlement and that valid consideration existed. (c) No Evide~ce Mary Louise Ramsav Wolf Was A PartvTo Settlement In the present matter, the plaintiffs did not come forth with any evidence that the - ~ . ~ , 12 .' ...d '~'"~';""'" ~ . j~i , ,~ .~ ~~- .~'," If Ii Il!iI!!. ".'hIIiIJ~""N'~,','-';"'. '. defendant, Mary Louise Ramsay Wolf, executed a settlement agreement or author' ed rop6sal for settlement with the plaintiffs. The evidence showed that Mary Louise ."ft..--4o,.." ~ :l<\d'l,f?J'PIJ,:)lkl .~~~'\J(i>~~I/il:.J llj .,A',,"~IiM)<'\\!!li~ "mmlsay 'WOifwas not a party to a settlement agreement. Further, any communication of a settlement agreement provided by Attorney Stone, on behalf of some of the selling partners but not on behalf of the defendant, Mary Louise Ramsay Wolf, is not binding upon the defendant, Mary Louise Ramsay Wolf. Attorney Stone has never served as counsel for the defendant, Mary Louise Ramsay Wolf. As explained in the recent Supreme Court decision Reutzel v. Dowlas, 870 A.2d 787 (2005), the lack of Mary Louise Ramsay Wolfs express consent is fatal to any settlement agreement claimed by the plaintiffs. In Reutzel, a doctor and a hospital petitioned to enforce a settlement of a medical malpractice claim. Plaintiffs' counsel who agreed to the settlement, like Stone, indicated that he did not have express client consent to settle. The trial court in Reutzel ruled that the defendants had relied on plaintiffs' counsel's representation and enforced the agreement. The Superior Court affirmed in a split decision. Id. at 789. The dissenting judge, Judge Johnson, mainly concluded that any reliance was misplaced because plaintiffs' counsel disavowed express authority to settle the case. Id. Apparent authority is insufficient as a matter oflaw. The Supreme Court agreed with Judge Johnson's dissent, fIrst reaffirming the long standing Pennsylvania Rule of Law "that an attorney must have express authority to bind a client to a settlement agreement." Id. at 789-90 (Supreme Court citations 13 g "'~~--~" ~_ ,J .I'~ '~ ,~~ . ~,-~ ,< ~; "~~"""~,,,,~ '. " dating back to 1927 omitted). "The rationale for this rule stems from the fact that parties settling legal disputes forfeit substantial legal rights and such rights should be forfeited knowingly." Id. at 790. Thus, the Court held there was no settlement agreement because the party against whom the settlement was to be enforced did not consent to settle. See also Rizzo v. Haines, 555 A.2d 58 (Pa. 1988). In ruling that the lack of express authority nullifIed any purported agreement, the Court criticized the decision in Hanninl!ton v. Trustees of the Univ. ofPa., 809 A.2d 406 (Pa. Super. 2002), which held that apparent authority is not sufficient to bind a client to a settlement agreement. 870 A.2d at 790. In fact, Attorney Stone said in a letter dated August 29, 2005 that he never spoke with the counsel for Mary Louise Ramsay Wolf regarding the settlement. Mary Louise Ramsay Wolf never spoke with Attorney Stone to authorize or to ratify his proposal. The evidence shows that the plaintiffs can offer no proof that the defendant, Mary Louise Ramsay Wolf, was ever a party to any alleged settlement agreement offer or that she is legally bound by the conditional and contingent offer of Attorney Stone. Plaintiffs, defendants nor Stone never conferred with counsel for Mary Louise Ramsay Wolf about any agreement for Wolf to pay the settlement (the draft Release does not obligate Wolf to pay all the consideration) to settle before the transaction date; plaintiffs did not protect their rights to any purported settlement at the time of the sale and therefore they waived all such and failed to mitigate their loss by not appearing at the sale to confIrm a settlement agreement would be paid by Wolf or else they would stop the sale. The 14 ~ '- " .' ,~- _., ,~-,~" 0- :.; ., t,.:' '-j,Ki " " evidence will likewise show that Attorney Stone or anyone had express consent to act for Mary Louise Ramsay Wolf, to commensurate an offer to McKnight, attorney for the Adamses. The plaintiffs, therefore, did not sustain their threshold burden of proof against Wolf. In fact, the plaintiffs' counsel's confIrming correspondence to Attorney Stone after the date of sale was that the Ramsays were obligated to the settlement offer having received substantial funds from Mary Louise Ramsay Wolf at the settlement of January 26, 1999. Attorney Stone and Richard Ramsey attended the sale of the property and the business and received substantial funds from the sale and did not require any settlement payment by Wolf. SWARTZ CAMPBELL LLC yney, III Attorney d. No. 03827 1601 Market Street, 34th Floor Philadelphia, PA 19103 Telephone: (215) 564-5190 Attorneys for Defendant, Mary Louise Ramsay Wolf Dated: April 6, 2006 IS . ~~" i~ " 'k ",. ,-~~ , '- ,', __...,.,h.,: '_1i4!~~"" , - , VERIFICATION The averments or denials of fact contained in the foregoing are true and based upon the signer's knowledge or information and belief. If the foregoing contains averments which are inconsistent in fact, signer has been unable, after reasonable investigation but before the receipt of the transcript of the hearing, to ascertain which of the inconsistent averments are true, but signer has knowledge or information sufficient to form a belief that one of them is true. This VerifIcation is made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsifIcation to authorities. Counsel takes this VerifIcation on behalf of Defendant. Curtis P. Cheyney, III, Esquire 16 ,'.;:, " " DONALD E. ADAMS and CATHY A. ADAMS. his wife, PLAINTIFFS : IN THE COURT OF COMMON PLEASflF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. () / -(,. 32J MARY LOUISE~SAY WOLF, RICIfARD W. RAMSA Y. LARRY M. RAMSAY, MARGHERITAR,RAMSAY, LYNN ANN WHiTEtldlb/1l W. :R.RAMSAYPROPERTY AND RENTALS, ,- i CIVIL ACnON - LAW '---, DEFENDANTS : .~ NOTICE TO DEFEND ,-.:. You have been sued in court. If you ....ish to defend against tile claims set furth in the following pages, you must take action within twel1ty (20) days after tills complaint, ordenmd 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 sel forth against you. You are warned that if you fall to do so the case may proceed without you and II judgment may be entered agllinst you by the court without further money claimed in the complaint or for my other claim or relief requested by the plaintiff. You may lose money or .property or other rights. important ro you. YOUSHOVLD TAKE THIS PAPER TO YOUR LA WYERAT ONCE. IFYOU DO NOT HAVE A LAWYER, ORcANNOT AFFOR!) ONE, GO TO ORTELEl'BOl"'lE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2: Liberty Avenue CarlISle, P_yIVlll1ia 17013 (717) 249.3166 1-8(j(}.,.!j90.9108 Americans with Disabilities Act of 1990 The .Court ofColllll!on PI<lU of Culllberlalld Courny is required by law 10 comply with the Americans with DiSlil;.ilities Act of 1990. For information ahoutllC\\C$Siblc $eilities and reasonable accommodations available to. dillllb1ed illdMdualsbavlng business before !he court, pIe>ase colttllCI our office. Allarran~entsmustbe lIIllde at least 72 bonIS prior to any bearing OibUllinessbefore!he court. You m1l$lattend the scbeduled CQllfeienoe or hearing. '__~_"~_'__"_",,"___~M"'"'___<~~_'_______'__'N' ;",_,'",,,,i,.A,_'_., .--) . ':', -"'j .~- ,~" ".~. . ~~ "" - - . '" ,'- ~ '" -'-.J~~ilill:j,j~j,b^'''''~.1~d'''C~ .. -, DONALD E. ADAMS and CATHY A. ADAMS, ltiswife, PLA:INTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. MARY LOUISE RAMSAY WOLF, RICHARD W. RAMSAY, LARRY M. RAMSAY, MARGHERITA R. RAMSAY, LYNN ANN WHITE tJd/bIa W. R. RAMSAY PROPERTY AND RENTALS, CIVIL ACTION. LAW DEFENDANTS COMPLAINT AT LAW ,\ND NOW, this 5th .day of November 5, 2001, comes the plaintiffs, DONALD E. ADAMS and CATHY A. ADAMS, his wife, by their attol1'lcys, .ltv,in, McKnight &. Hughes, and makes the following Complaint against the defendants, MARY LOUISE RAMSAY WOLF, RICHARD W. RAMSAY, LARRY M. RAMSAYMARGHERlTA R RAMSAY, LYNN ANN WHITEandW. R. RAMSAY PROPERTY AND RENTALS. as follows; L The plaintiffs are Donald E. Adams and Cathy A. Adams, .his wife, who are adult individuals tllSiding at 2470 Enola Road, Carlisle, Pell1Uylvania 17013. ~~~~"~~. """~'~ ~ ~ " I .~~"~~~__ .._ ~' " ~~ , Ilizljllil"j!l;<~~ ',~ ..L:'!t~&'R ~X"&~~iL-;,-" .. ~, 2. The defendants are adult individuals being Richard W. Ramsay who resides at 3610 Logan Street, P. a.Box 100, New CumberllUld; Cumbe.rland County, Pennsylvania 17070; Larry M. Ramsay who resides at 509 Aisland Court, Indian Harbour Beach, Florida 32937; Mary Louise Ramsay Wolf who resides at 3 Sha1il'Me Road, Ardmore, Pennsylvania 19003-1619; Lynn Ann White who resides at Light House Point; Palm City, Florida 34990-4200, and Margherita R. Ramsay ttdlbla W. R. Ramsay Property and Rentals. 3, On or about October 23, 1996, the Defendants placed their real estate for sale on the real eslate market. The property was localed at 107 Old York Road, New Cumberland, Fairview Township, York COllnty, Pennsylvania. A copy of the Listing Agreemem is marked as Exhibit "An and is attached herelo and made a part of this Complain!. 4. On March 4, 1997, an agenl for Jack Gaughen Real Estate, located in Cumberland County, Pennsylvania, contacted the plaintiff.~, Donald E. Adams and Cathy A. Adams, regarding the purchase of the property owned by the defendants. 5. On May 7, 1997, the plllintiffil made a fonnal written offer to the defendants for the purchase of the real estate consisting of 65 mobile home pads and 41 apartments for the,$IIII1 of One Million Nine Hundred Thousand and no/100 ($1,900,000,00) Dollars. A copy of that offer is attached hereto and marked as Exhibit "B" and is made a part of Ibis Complaint. 2 "~" .....~J ~~.~ '"" '-L~" _ _ ""~.". _...,~ ~,~ - """'''''~'~'""''ti<;~feJ,,,,-~t;;~_ ~. " 6. From May 7, 1997 to July 14, 1997 the plaintiffs continued to discuss the sale of the property and the plaintiffs increased their offer to Two Million and nollOO ($2,000,000.00) Dollars. On July 14, 1997 the defendants, in a letter signed by RichardW. Ramsay, awepted the offer of the plaintiffs to purchase said real estate for the sum of Two Million and no/lOO ($2,OOO,OOO.OO) Dollars. A copy of said leller is attached hereto and marked as Exhibit "C. and is made a part olthis Complaint 1. From July 14, 1991 to August 13, 1998 the defendants, through Richard W. Ramsay and their legal counsel, repeatedly promised that settlement for the real estate would be held within a few weeks. 8. The plaintiffs had secured flllallcing through Mid.Penn Bank and Hood College which was being used by the defendants to ctealea charitable Trust. 9. The plaintiffs cashed stock, changed jobs and turned down promotioll!l in order to be in a position to own and manage the subject properly to be purchased from the defendants. The plaintiffs sustained in excess of Eighty-Nine Thousand and nolloo ($89.000:00) Dollars in financial losses in order to be inn position to settle for the property. 3 - ~~"-- ~. ...._~ -, -' ,~ ~" " ~, .', -", '-0" -"-.- ,- '-,,' , ~i:!r~i '. .. COUNTJ BREACH OF CONDlJCT AND NOW, this 5th day of November, 2001, comes the plaintiffs, DONALDE. ADAMS and CATRYA.. ADAMS, his wife, by their attorneys, Irwin, McKnight & Hughes, and makes the following Count seeking Speoific Perfomlllnlle in Equity. 10. The averments of fact contained in paragraph one (l) through nine (9) of the ComJYlaint are hereby ine<>rporate<l by referenoe and are made a part of this COWl!. II. On or aoout August 26, 1998, the plaintiffs received notification that defendant, Mary Louise Ramsay Wolf; no longer wanted to sell the properly lD the plaintiffs. In time, the plaintiffs discovered that the defendant, Mary UJuiseRamsay Wolf, sought to purohase said property from the rest the defendants. 11. The defendants agreed to breach their agreement to sell the property to the plaintiffs and instead agreed to sell the property to defendant Mary LOUise Ramsay Wolf. 13. The defendants. in order to sell the property to Mary Louise Wolf, reached a Settlement Agreement with the plaintiffs to pay the sum of Twenty Seven Thousand Five Hundred and nol100 ($27,500.00) Dollars. After the property was conveyed to defendant Mary Louise Ramsay by the fCmainingdefe.ndants, they refused to hOllorthe Settlement Agreement. 4 "y _~.u '. ~ - ~- ~ --~"-,,,~ . """"'"'" ~ , ~. ~,~"'~, d '. 0 ~ " ~~.."i .j' ,",. ",L4~'t1;c,' " 14. The legal counsel for Mary Louise Ramsay WotChed reviewed and drafted the Release sent to the plamtiffs which they signed. 15. The plaintiffs seek specific performance and the conveyance by defendant Mary Louise Ramsay W otf of the property she pim;hased from their brothers and.sisters after breaching both the Agreement of Sale with. the plaintiffs and the Settlement Agreement with the plaintiffs. 16. The plaintiffs request that this HonOl'llble Court grant damages against the defendant for the following: a. The payment by the defendants of the sum of Twenty-Seven Thousand Five Hundred and noli 00 ($27,500.00) Dollars; and b. The payment ofinlerest from the date of the Release, February 5, i 999, 10 the date payment is made by the defendants 10 rhe plaintiffi. c. The payment of the losses sustained by !he plaintiffs in preparing 10 purcnalle the subject real estate whieh exceeds !he sum of Eighty-Nine Thousand and no/lOO ($89,000.00) Dollars;andlor d. The payment to the plaintiffs of all profits genetllted by the subject real estate from the datetbe subject property was conveyed by defendants to defendant, Mary Louise Ramsay Wolf, and e. The payment of the legal fees oflbe plaintiff. WHEREFORE, thephiintiffs reqllest thlltj~lbe awarded against the def~ man amount in excess ofTwenty.FiVll ThOUSlilld and no/I 00 ($2-5,OOIWOI~l1ars.phls1hecosts of thiS action and intefC$t all pennlttedby law. 5 'if """"- - . " ',,' "",. .'. t ~ [k"",.t.;.~criIDI., '. , COUNT II BRF.ACH OF SEITLEME,iST 4GREEMENT AND BREACUOF CONTRAct AGAINST ALL DEFENDANTS AND NOW, tbi~ 5th day of November 2001, comes the plaintiffs, DONALD E. ADAMS and CATHY A. ADAMS, his wife, by their attorneys, Irwin, McKnight & Hughes, 1IJ1d make:sthe following Count seeking damages for breach of contract 17. The averments of fact contained in paragr;lph one (1) through ~ixteen (16) of the Camp laint are hereby incorporatild by reference and are made apart of this Count 18. Following extensive negotiations, the plaintiffs and the defendants reached a settlement which pennitted the defendants to convey the real estate to defendant, Mary Louise Ramsay Wolf, provided the sum of TwentY-Seven Thousood Five Hundred and nollOO ($27,500.00) Dollars was paid by the defendants to the plaintiffs. 19. The settleml.'nt was confinned by correspondence dated December 19, 1998 by Charles H. Stone, Esquire. a copy of\vhich is attached hereto and marked .as Exhibit "D" and a copy of correspondence dated JlIIlWlfY 21, 1999 hy counsel for the plaintiffs, a copy of which is attached hereto and marked as Exhibit "En and made a part of this Complaint. 6 51:< ~~.~"" ~ ~~,....... ~~ _.J iIiII~~~~'"'~'~'" .-~~~ J'''';,' - :-1 ~'"-Mi[j;~ '. , 20. On January 26, 1999, eounsel for the defendants faxed a General Release which was signed by the plaintiffs on February 5, 1999. A copy of the Release is attacbed hereto and marked lIS. Exbibit "F" and made a part of this Complaint. Sllld releQ8c was given to counsel for the defendant, Charles Stone, who promise that payment would be forthcoming are defendants. 21. Despite repeated requests, the defendants have failed to pay to the plaintiffs the sum of Twenty-Seven Thousand Five Hundred and no/lOa ($27,500.00) Dollars or, in the alternative, agree to c{)!lvey the subject real estate to the plaintiffs. 22. The plaintiffS request that this Honorable Court award the following to the plaimifjs: a. The payment by the defendants of the sum ofTwcnly-Seven Thousand Five Hundred and noli 00 ($27,500.00) Dollars; and b. The payment of interest from the date of the Release, February 5, 1999, 10 the date payment is made by the defendants to the plaintiffs. c. The payment of the losses sustained by the plaintiffs in prepating to plltChase the subject real estate which eltceeds the sum of Bigbty-Nine Thousand and nollOO ($89,000.00) Dollanl; andIor d. Thepaymenllothe plaintiffs of all profits gllUemted by the subject telll esla.lefrom the date the subject property wils conveyed by~ts todeRmdant, Mary Louise.RalnsayWlJlf;and e. The payment of the legal fees of the plaintiff. 7 ~fi"" ~. "~ ~ " ~ ,1 -,~" "'-1' "" ':';"";J:i.~'~-irr!i~"'l1*~'&1',, .. , WHEREFORE, the plaintiffs, Donald E. Adams and Cathy A. Adams, request that judgment be entered in an amount in excess of Twenty-Five Thousand and no/loo ($25,000.00) Dollars plus costs of this action Illld interest as pennitted by law. ,} Marclls . McKnigl1.. II 60 West.PomtretStmet Carlisle, PenllSylvll!lia 17013 (717) 249-2353 Supreme Court 1.0. No. 25476 Artol1'ley for plaintiffi, Donald E. Adams and Cathy A. Adams, his wife Date: November 5, 2001 8 '''' .~_.~ " , _.,.~.~~" --- I_~. ~ < ~ EXHIBIT "A" ,l , ,~ ;...;,.~.. .:,Jlt,~~",: ",. ... -.......,.. ~'I"'-....31:0I"",. M ill_ ll:nlllf ..",totonloDl'lll. I. 'Mlli::lw."Jtdl'hl 1. 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ID)l1t6~~~~~~~~~l'r.;.=_~=.~~=:='::;:n tft_~I1l,t~J)iA"""lmM.viw""-Mm;. ., ..'....-oittI'IIII"~lll,.lhoil ~~,....,I""III~.....cit~~~tt~_.. , tl!~ '1111!,~li)iAJu"A ^eifUfIC ttfnMJD,\lJO;;' ~ 'Nt .aft 'r.e..IIII--1IJ 4he'.,llt"CfiJj J no.- 'ufKJcrbWf!fl~,"llflf',"'._"~IIl":,"~.'-":'" __I!ftK'aI:'1OI tl.I~WIl"'''''' mIIl~~_~,..~,~t/Ili"""".'-- --ot......c:Il,...~ tlttt^(1'. . . r;Qu:J1(..~-tJk,~....OIJOlM. _ " 0 ~;: '. - ,. , ~ .1....g'-*'.-~......".'JIl Ul-. ...oN>. '."-. :;1:,....... _..........-.. .... ...."".,......'.....r.--'.""...._^ ~~J~~Z:- ........ .,' OATIl ".. ,.~-------~-~..~-_.....~_._----_._.--"---_._--_._------- '" 1 " ~~~ '''''''."~,, Jl --~ ~'~~"-"~j! EmmIT ".8" -. .".~. ,~ .~. ~ ~_ I - . ~ , ~J~~~!!:IIl:1Jj"; '~~i:0::lHt!#M;:0~' , ~ AGREEMENT FOR THE SALE AND PURCHASEOFItEAL ESTATE 11>" ("nil r<<tlmm.l\~ed,lIld 'J'PrO.ed (or. but.at r~~ to. use by mcmbm o( .hc _.r Humburg Assodauo. o(REALTORS" [AQENTFORSELLERl [SUBAOENTFORSELLER] I r".. ~";,:~:~,~. '~U<:EN"" "O<<E'~ eA. U,""," "0"" eA, C","",," ""o.,J Thi. Agreeme.., mO<le this r 1. PRlNCIP ALS BI;:t'weeot l " (residing at _/.., oj ;:' .c ..~ \./ '" r .~ hereinafter ..ned $ell.... and b " /7.' '" ....,. {residing at .2 ,01./ ": f" ~." ,'" herein.her ..nod BuY"'. 2. PROPERTY, ~ller h..ebY"I"""o ",n and co.,.,.." Buy", who h=by "lr... to pun::hasc: ALL/THAT CERTAIN Lo' or pi.a OfIIOU~wi[l\...huildiit&5...a.ndimp'royc:m'Z8:.lStbefr;oncrcctcd.ifl1l)'.knownas: /C, ,"11.t:. ~-" \/~." ,v, ./r .~/ ,t.' __ !"', "". ,M If ,.,' /. ,I} ,- :' ",,' J. ZONING: ZoniDll C1os,irIcation F~ure or this Agreement 10 contain the zoning classification. e.'tCcpl in cases. where the propeny (or. each patl:C.i thereof.. if.sub,divid.bk) is wnod solely or prilDlU'ily '0 p...mll sll\~"l'llmily dwellings shall rend... ,hi< Agr......., voldnble at the opdo.. of the Bur<r ond If .olded deposirs tendered. by the Buyer shall -be murMd t.o the Bu~r withou[ a requirement of ~un -aetiOq~ - ~. TERMS, (al Purchase Price '/ /~", day of ,;~-'./' ,< /: />" ~{...-,,:;-. ;( /'..r ~ i.;-~\J .4 .7;+.....,: A ,....1",.' ,:. ...../l '.c L/' I~/- :_ I/J L. .1 -:: '--' ,....,,' .....-6c1/'.., ~4" :/" A::'/JfC_~..." 19;: ~. P" to be pai-d ~ th-c Buyer as. folJowl-: (bj DEPOSIT Cbet:k; 0 C:llil C. at me cs1pUts of rllb ;ay~Qt"'l. mJ::ipt or whkb & :bt:ebJ a;EDQ'MIIed!ll:!d ' $: <<:1 AOnt110NAL OEPOSiT due oa or hd'Q~ thf dt1 (If idl B:A.IANCE OF PUllCH.l\SE PIUa; al Sflulantftl 1~ a:n:ifled: Qicd;. ano;Vor IUOOPIC f1lJld,U ., ,.".". '" (S 19",:.> /(,:, f:i.:"-: ;:; !.),.~ to ~ 19_ ,,'n_ $ """""".. """""'''',,'n. S / "'/"1,/,,,-;', _ TOTAL .o n.on....... $ 'c..~ / - - ~ th";' ~'I"" LL" l~l Wril'u::n ~PPfO\"aJ a( Sdll!r to bE im or befurE t..'te:) ~. -' ' ,d.a:l-' o( (" HI r tfl SeulelTh!n: ,o:tlt ttl3dt 0/\ Of betO/<=: lilt L C; ;/1' day or A v Jf. OJ': T 59-2.2. IS) n.:: tolk-ing: wll b< ;a:pponiQl1cd prtH"iUi ~ of ilIld it Cim~ of IC'Idcm'tIU; T>iJ\~ ~ I(vied and llS5eSMS. ttftU. ifl(l:t~ (III mQ~!1!' ~!Ilprioo$.. Q;ll'4oll1J1Utll:l ftc'S U1d ~o.lnltO\ll"lIt1 U$ocilLtiDII feo if my. n~ ;uuiJ(lr ~er fenu if :a:ny, t(llci:ber wjtb MY OIihcr liCGllbf.e- ftI\lflidlJll:lQ"'ti:ca. AIIR-ully Tra:lSfa Touu slid.. diW:letl lNe:liy llJ:t\e:!ilil (lthcrw1x- lX'tM4td berm.'. f1 .... " ~'" {' ;. rltOf:EJtTY SE'fT~T C~"aINGENCY: This iilJ!=netlt. ~ .w11jtt::t (tJ f./l.I: :idl~t of BlIyt'r'1 Prr:l~")' locrored 011 -:) T '/C E 1- ~'.,L /,( ~"..... ..... J,- . i;" j.I,;~ /, .., : /1,.t:.t~l-.l_ en ~ k{Qre .....l.-, h...y,,~~r~';' (..Ir- 6, .1NANClNG Co."fTlll(G'[.NCY: 'ThIs 1El'et'mt'nt IS subjccz: to mil fJlW.llIZine ;u rcikrw!;: (U PRINClP'AL-AMOOl'IT1 1/ if"".C',". ".<~!.." TYpe I"'fihV MINEMUMTEJtM '1 ;"':- 't/t..::/'III .- ~"X1MOM !NITI,,;..l. _ / INTEREST un. )("'... MAJ(lMUM TOTAL ~INTS. I!'fC~NC LOAN ORtCiNAnON FI:E. TO Bg,P"U> BY mE IIUYEJi." TEJl.\.t:lNAL DATa w Ohaiftitlc Ftn.tndI'J eo..~ ./ .. /1 - /;; B~ 1Il1t)' 6d.~bt a~ycf or pcu:siblll!3IJi:an:~aflDcut~r~ tM CUlf!OC ~ mpglUl'bl!lrt tOf ~'~f; ,m;mp:~. U,qjd ~ llUlIOl be eblUlo1 aI het.'jnol/ided.,.-d\iI'~oent dial! H,NUU. ~D VOJDa'Il1 afldepoSit 1Il4niB'5b11 'be RUimec1 to d!It ~ &l or bi!:l1;ire'-c:blIk-Qf seuIcCclI;; 1D,1l<<M4af 11crtfn.. "'.,.._.........-......."'.....<<1>1...'1.. -" '/'-, _, .' (lit 1kJ)'er GtaU mut'a C~deCf.*PPieUlaa ~ a ~.i1I~,mtillJ institw.ion, for 1m Pii4 JOL'I ~dllti ." , ~,dQa. 110m lbt:$dJa:'i', ~ hereoi. $hCtaId 1iu:: 8,,~ fall 10 matt Jl&dl C,:Dm,'"b'ltced ~, . ..oa-'~wlllwnIlE $pecifil!d ume.lt dui1I,tle lit th" OSlt!Go..o" tl!,ll' Sc!1er. witH,' ~"fj'Ylt (n cdwIdir'ui.>t~1I!f to: (i) Dm-flt! Q\i$ ^IfmMM :iUU ANb VOm. II Ii'IIidl ~ tiI mOflks Jud 0fL EtOual"frillIx fcrf-eb:" to $dkt as. UquilWecl dunaps. -i<<t tiJ 1M ~ &Ad RcauWiblGort:M,.~Y'alIoiaRaJ..~g..tK . . ... (il) IA abseftuof ..riltu1llOtl!g; to de E1tl1O" Dr the SdIcr~. titb A~ tflJLL AND 'l{OtD.. tbetOlldidotu.nd.QXI~ prcM.UDrln UlIs ParsJt:lr-b. lO~wilh lIIlYcdaeI ~I-CIOIliqftlidii:ldwmQ' bilWciaot iDdorsed hceto. "'ilq-Ibq<< P"'ttil.-..4~bis~shd ~dr~OIiQOI)Jdlnr '" 1-a iCJUflDt &ltllItSUleID:a:a.n<<..ifdl~~,_:CtXICifl~C'fWltIfIllClC.a.p;lrthcm;lr. " :-^_,:_ ,.', .~, .~~:.,. ' ((:) Sltller or Alem mIlA ~.... WfftW1l<<lltll'l!d1meat nlillllDC!) tM dalC'of $CU6:oc:ttt, .tor tlKsaid.JOIiII~ 011 Dr bef:ore-U1C.~ennia:V~lt' as ~rlCd..u Il!tJid4 "...."l is not turn:i:s:hll!d with the termS u sp:di1cd ~ ftt __ 'otIIet ~ auq:ted in? -wrilm, ." d!It U"yer, 011 .'W.' ~ I~, dllc. SCIu, di,-.II fPtvo d6.- opt_. . ~qlU~. or"1 CIlIKt 1ii:li.e Uw;rqftllJ'. ftrinB:.tbc-l_ Of,tlds: Apccmcm:.. lid. 1M: IMH ~ 'ltI1! dldc- 0( Main of rh'~ by'l;Ile _cr. 01' AcCClt. to dttl_1b!, A'Pft&ftw'NULLANOVOIP. II)' wri,m:u.~ to _8Q)"1:rGftusllm~IO-=-1tl-wbjd1linic-!lltdCpoSkmmdell:ptid_-=alUIIlddD!lemun.,d to.dlC'B\IYOt.:subi=-toiIRIIP"'CII{~"lr~'i,~~tD'r',ID~I~)Hn.4lt*(W).,:,~ "::A.,'r " -..~:., '." ". . .~' .: ~4. seller-bieby~tO pennIt,~"M, ~.a\idlq(~oi(..~ ttl~. cz1tIfil!z;s IGd/~~~m.a,bc.~.fd'''' the Ja:dafbua.....~,iI!w,tjaI:.n"cl.t!. {I!) SClltr~)' ll!RCI~,Plf~IOn:aIfill)rtPF~ fGIIlU;aJdI<< toM oritIl'lancefm'.Gele:Or.-,,*Pa' ~;~.tRlliil. ita6it'~G!Dmuann! ~)' Ofll: ot IdJ Cliakir~llid teet:. ~ IMtoIiJ of'~"~.rkNs llIal~M,_'o.lUw:;naDLtm. Of,'ltl.e.,~ 7, n;~TU$, OF-liATD,' ~,' ~o, P, 'tit;' :WIti', ~-:-thU,'lbit,-, -',-~~,' b ~ bY, ' .,a u?4< J. ,'''' _.~,"--'- .. ",~1,(. < t; --- ~. futt~ '$e1t~t'Wtinblti:,~ llim'spfeinS a{,.:"Mlj pUd,(b~--~:. 01 E~ date -et tJlU .~.c IR" la,..-r~~ ,'" _ f:t:;~ llf'~'aysRm l:l ~~t". SdJi!r W:;(n-lUlU:tb8l'W.'ftU no not.fa!: rturt the~plllity or 'rcrn.1DUlIIdpd 2ulbaritlH t~a.t:.pa1I$Ic:.~ .HiM ... ....1I'1bI ~<<lMQIJed.. I. MUtilrcrPAL IMPlOv!EMENTs: StitU .!au'lID lIOdCft or au.:ni~ imllll'fm:mmu ($uc:h cs ~. Wi"'" "'J~ Aaastoa,pQ, blic='roal$f!l",)'~l!sbs, nm::cota:HiPwa,Oc;cupouH:y~I.lfOtl:ldIC~ljl1TraalllGr, ....... '1, !f:[OALCL.A.USES. ~,:E4' '/~/;'~~'J-~"./I';/J.r - ...,.t;"":,,-,,.--- T /P'""Y ~J.t.'{ J,j..JA'~':..f:"'-,f /.n.... :-..! r~/~j... /- "I" p_..___ J ; ... = ..,.. _.............UIUIot....._lllxImon. , . . " U.A1TACftEDADDltft1M:,~.._upvt.~"'iS.~lPIlG, C--~ln"ftUd~ C~,~. :DPI'b"e-WJl./~$nqc om,vv^ ~_"''''''_ 0........;...... cl.<Ool:_......~0Ih0<("'."'1'jl..-:~/', .' "'" ~ ~~ ~.u-_ . ~ 0 ~ 4 Wi ~. ",e;0~'",~~~ , } ADDENDUM This Agreement is made lhis..,42kday of May, 1997 by and between Ramsay Property & Rentals hereinafter known M S.elltn and Donald & Cathy Adams 2770 Enola Rd Carlisle Pa hereinafter kn!lwn as Buyet1S both as regard the property situllted at 107 Old York Rd New Cumberlalld fa. .This IIddendum shall be attacbed llnd made a part of sa I"" agreement dated '7r# by and between the parties herein. It is agreed as Follows: To include 66 M!lbile home pads, 41 Apar1lllents, aU equipment presently used to maintain prQperty including back hoe. Offer is contmgent upon Buyers atccouutant remarkillg on income llnd expense report furnished by seller and buyer getting a more detailed inspection of property. Both of thesllconditiollll meeting with bnyers approval and contingencies removed within 15 days of acceptance. Bu)'er will give a $50,000 deposit upon acceptance, deposit to be placed in a interest bearing escrow account with interest gning to buyer until settlement is made. Seller's Home, and office building with two apartments on second 1100r to be excluded from sale. Seller to pay for survey and legal fees associated 'with property subdivision. Buyer and seller agree that if additional time is required to complete subdivision it will be graDted as needed. Seller to transfer all security deposits at time of settlement. Seller will pay for and furnish buyer with a title binder from Secured Land Transfers or other reliable Title company. Seller warrants property to be free from any environmental contaminates and tbat property meets aU necessary local, state and federal laws and requirements. Contingent upon buyer getting a mortgage at 8% interest for 20 years on $1,550,000 mortgage to be arranged by seller or bis agent. Buyer to obtain equity loan or sell persollaI resideDt for the balaneeofdown payment. Witness our hands and se.aJ this n-;s. Day of May, 1991 Witnes~. (;'~. . ~ ~/d" ~ct~ , 1 EXHIBIT "e" ...*,~:".' j ......... ~ . I ~ """'1 ~ ""''" ,I ., c~ ....-' , ~"'"'"-~ ~.J'h..~~""i~ July 14, 19:97 Mr. DDnald & Cathy Adams 21,70 Enola Road Carlisle, Pa. The $2,000,000 offer is acceptable fDr 65 Mobile Home pads, ~l Apartments including all equipment presently used to malntain the property and the Backhoe. ill, fi J / /-;) '\1 1l.Ci\w . 'lr' I.J la:<fi.olDc~ RichardiJ(Ramsay /1' Manager :/ J ~ ---_......~ . ~ " ::..,", EXHlBIT"D" ~"'" ;,,,-, Jo;. =t!!IiIlit~""-'~;;;;:!Io~"'0-'\' !1 '"..... - , } :.~__~1_:':;-~ .;., .::5.\1"1 FiOn; :;:.T.....J@: l,otF....+f- ~.I'T~ - ... ~~.. STONE LAFAVER & SI:lE.KLE'fSKI "-"'T"~C"'" A..- e"',u~u:1O!< to'tollHC .............."'~ O::l!:.h,U::>i~1O un...IK"....".IJ-t_l ..'.__Ir:."'I!~ l"'l""o'l'llorrlCl::ecM ~ ""~C""..IOI<......"'l).r.\170-;'O .,.......o<...~ ~f'u.rw..cll\ "t(.............~L....,.I.,..,...~"1 ~...='-U"'l...,,,..,....-'""'" ~;:o-:TJ.t:.er i.9. 1 So~d ~~~=~; ~_ MC1L~;ht. :11, ~~q~l~e 5:; ~. E';::mt:~~~ :.,::l.i;:.l~. ?A. 1';0.:"1 RE: RaJIlSa.y/Adam::s De!:'!" Sola-t"l:U6: ~~~s will c~~irm OYr tgl~pbonc cor.v.r5ae~Q~ of CeeQ,~~ 1a. lS5"S. 1 p~,:;!:a- tc st:t:::li'!' ':~~ di.~?Ut.1! b'2.t,.<-ee=- th~ Rill:lli;;'YS a::':.d ~:h!t A.c.rr..::J'::C ~ ~:J-ll<;rn:s: ;. 'l'r..~ F,.&ns.,yif<: ""Jll t.'4'1 Lbe *U~ -0: $2>.5(1) to Mr. .\\n~ Jol::r~. Acat-'$. E. xr. and M~s, A~os w~l~ dEl~~=~ ~e~e~sl =~l~a.es cc f'''':Chll::.i F..4.:ns",Z.- L4r:-r -?..1llE$~::' ~::.d spauS1!, Lyn."l.:un.: ~~tt .and S~(;'..l.$'~. At'Id !'!~~;t ;:.au ;rolf. T~;t wot.J}~ ~l": ~tlr:n ~~l!!a.se '::~~ r.~~-;-.a';;. ;'" 1"~;'5 ;:;f,fe:= i$ c:;n':.i::'9e::-.:: L:?o-n Y.cf~;'/ L:;-\; ~o:t. i r;;::.lrcJ~it€:~ ""'" t;!;.~ ~'::?~~=;- ~~ ~e;::" :"upp.Lj':..ng- :!;.~: t''\l1i~G -=:::r t;~.:.z 2e::":1e:~~~t, '..n;'=.L ::.:',= nilS ",:-~n~ sgr!:~~ ::';2" d::.1. S;~c:ul-c S~t!! ~c:t i-;J:f:::: :::-;~3- er~~a~ e~d n~t ~~~=~ase ch~ ~r=~~~cv, ~h~ o=fer would ~ ::':..::.r:~r..,.r.;, We :-~""'''i: tc ptll: .:t ~::'lrie li;ir. ::m ~r~c:::': -an. arr::m:~~.';J.I!::t., ~~~ t a~ sugg~~r.in= Jan ~L. :~7~. r~ :,...c:u 0,::':' ~:";~; :ilati.:::.i:lC'':.::-::'-.r, ple.:l.a.e dd'I:"~~ .....~e:r.: ::g:;:~,::: w::;~~:'::9 :::::at :;: c..a..":. d.i.e'P:!:.::'Y to::: c:b);;,' (;:c1..;r~l ~:;....cl'"...a .:.n c.h.-=. ::'::~:'::l:l,ll5=::':'O'. ':e':.~f '.:.::uly YC1..,l..Z-. S"r'ONJL L.lIl'A'\rER " saZltLS:t'f:l::lt! M-L..- ;rj~ ~ ~~~rl~s H, S~cne 12/21/98 Q8:41 TX/ax NO.11556 P.O:Ol '-' """"J'~_.~,j",;-,-"" :. If . .' ~--" ~ "" "' EXHIBIT o'E" .,',,', K~ ,':" _..~ " i--. llL~~~~;u,..,.""~l!.-"-""_",,,.^ t .- LAW OFFICES IRWIN McKNIGHT & HUGHES ROOliffi5 lRWru oUA/;!CU$ A. .\lCXm:;HT> III ~ESC. HUGKES PEBECCJ. P "ItiG,l-(f!S O"Nrff:L W. De~~i,Je..NT WEST POMFRET PROFESSIONAL BUi/.D!NG 611 WEST POMFRE;T STRJ;ET CARLISLE, PENNSYLVANiA /70/3-3222 (717) 249,2353 FAX (7/7124~63S/ E-MAIL,: /MY lAW@J.o("'CCM l<lJIPClD S. dMW (19U.1V''li ~OLD 5. ,lRWJM fl. r1S'.5oi1-fNfl II';W'N i'RWrN4.'R.W.1v (tPS6-I164ti IO:>I'llN. lRwlN &: McKNIGHT ;,~. f9sl4'1 January 1 J, 1999 VIA FACSIMILE AND REGULAR MAIL fir., CIlABLES 11. STONE,ESQ. S'l'ONE, LAFAVER. &. SIlEKLE1'SKl 414 BlUDGE STREET POST OFFICE BOX E NEW CtI'MBERLAl'<'D, PA 17070 Rc: Ramsey &. Adams Setth,ment Dear Charles: This letter is to confirm that we have sertled this case, Your clients have agreed w pay Mr. and Mrs, Donald E. AdamS ~nd the sum of Twenty Seven Thousl\i1d Five Hundred and nollOO (527,500,00) D()llars. This payment will occur upon settlement between the Ramseys and Mary Lou Wolf who is now purchasing the property, Please confirm the settlement date, tiule and location, v cry trot y yours, MAMlmln cc: Mr. and Mrs. Donald E. Adams i~i I_~ . " EXHIBIT "F" .~~~..u...,;,' ." '"', ",' M...dj,~"'dl<iili,;,;,,,,,-,,, ,~j;, .' .' GENERAL RELEASE KNOW ALL MEN BY THESE PRESENTS, that DONALD E. ADAMS and CATHY A. ADAMS, for and a consideration of Twenty-Seven Thousand Five Hundred and nollOO ($27,500.00) Dollars. the receipt efwhich is hereby acknowledged, has remised, released and forever discharge, and by these presents, do for their heirs, el<ecutors and adminislrlltOrs, remise, release and forever discharge MARY LOUSE RAMSAY WOl.F, RICHARD \V RAMSAY, LARRY M. R~EY, MARGHERITA R. RAMSAY, LYNN ANN WmTE and W. R. RAMSAY PROPERTY AND RENTALS {the "RA~1SAYS"}, their herrs, executors, administrators, successors and assigns, oiand from all and all manner of action and actions, cause and causes of action, suits debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, centrad., controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims and demands "matsnever, in law or in equity, which against the "RAJ\1SA Y8", which they ever had, nor have or which their heirs, execl.ltors or administrators, hereafter can, shall or may have for. upon or by reason of any matter, cause or thing whatsoever from the beginning of the world to the day of the date of these presents, including, but I10llimited to, any action arising out of the proposed purchase by Mr. and Mrs. Adams oheal and perrom1l property of the "RAMSA YS" in Fairview Township, York County, Pennsylvania, and any alleged contract or contracts fur the same, written or oral, and any statements, written or oral allegedly made by any of the "RAMSAYS", or any of !heir alleged agents, employees, attorneys, accountants, or any other persons. - " [. - '., -" ~:--- -~ ';,:,~ , t _...""~:._^ " " This RELEASE is a oompromise of disputed claims or other alleged right to recover against the "RA.MSAYS", and any payment by the "RAMSAYS" pursuant to this RELEASE is not to be construed as an admission of fault or liability fOT any purpose on the part of the "RAMSAYS", lUld such fanlt and/or liability for any purpose on the part of the "RA.'\{SAYS". is expressly denied. -10- IN WITNESS "''HEREOF, they have hereunto set their hands and seals the ~ day of F;bru,,", t' ,n the year Nineteen Hundred and Ninety"Ninc (1999). Signed, sealed and delivered in the presence of ~f~ DONALD E. ADAMS (SEAL) ~!AD1::~ (SEAL) 2 .' .- - ~, ."" ,', ~ . - ..."., --.~ '~"~"'" VERIFICA nOM The foregoing document is based upon information which has been gathered by counsel and us in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statemenls herein made are subject to the penalties of 18 Pa. C.S.A. Section 49Q4, relating to unsworn falsification to authorities. ~/'a~----= DONALD E. ADAMS c~,Ifnf!t;~-5 Date: November 5.2001 " ,-. ~" ok ~ "' ."~~"W ,I .-.~", d" ., _ '01';". , ::dD,'.Jillii"''''.ni-l",-''>-,ft .' .' DONALD K ADAMS llnd CATHY A. ADAMS. his wife, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTV, PENNSYL VANIA v. NO. MARY LOUISE RAMS1\. Y WOLF, RICHARD W. RAMSAY, LARRY M. RAMSAY, MARGHERITA R. RAMSAY, LYNN ANNWHITEtldlb/a W. R. RANltilAYPROPERTY AND RENTALS, CIVIL ACTION - LAW, DEFENDANTS CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Complaint At Law was served upon the following by ooposhing a true and correcl copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: C. Roy Weidner, .It., Esq. Johnson, Duffie, Stewart and Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants Richard W. Ramsay, Larry M. Ramsay, Lynn Ann Whit~ and Margherita R. Ramsay Allen C. Warshaw, Esquire MllI)' Pat Patterson 305 NQrth Front Street, 5th Floor P. O. Box 1003 Harrisburg, PA 11108.1003 Attorney for Mary Louise Ramsay Wolf By: .rn,Esq~ 60 est Pomtiet Street Carlisle, P A 17013 (711) 249.2353 Supreme Court LD. No_ 25476 Date: November 6, 2001 . ~ ""~ _a "~ '_'J:,.,dl .l ,I. DONALD E. ADAMS AND CATHY A ADAMS, his wife, PLAINTIFFS : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY, ; PENNSYLVANIA V. MARY LOUISE RAMSAY WOLF, RICHARD W. RAMSAY, LARRY M. RAMSAY, MARGHER4TAR RAMSAY, LYNN ANN WHITE tld/bla W. R. RAMSAY PROPERTY AND RENTALS, DEFENDANTS : 01-6322 CIVIL TERM IN RE: BENCH TRIAL VER,D,ICT AND NOW, this -lll+\ day of March, 2006, I fino: (1) In favor of Donald E. Adams and Cathy A. Adams against Mary Louise Ramsay Wolf. (2) Damages are awarded to Donald E. Adams and Cathy A. Adams against Mary Louise Ramsay Wolf in the amount of $27,500, plus legal interest from February 5, 1999. (3) I flop in favor of Richard W. Ramsay, Larry M. Ramsay, and Lynn Ann White. _, ./,f By the CilurV )7 /<t':w/{' /1 /f,'" '. Edgar', . ,llilY. J. -"-~~"""""!ll~~\: ~_. .f .,. 01-6322 CIVIL TERM George B. Faller, Jr., Esquire For Plaintiffs Curtis P. Cheyney, HI, !Esquire 1601 Markel Strael, Mlh Floor Philadelphia, PA 19103 ForMal)' Louis.& Ramsay Wolf WadeD. Manley, Esquire For The Rams.ys :sal -~ .1 ~2- ,-~" ~ ~~,~~ .;..I""""", n_~> 1iJ.' ---~""""""'"~--~ -~ ...."'""'" """''"''''~'''''h;'''';"j-;. '''',iN;>iotien,,,,,,, J '\ , f DONALD E. ADAMS AND CATHY A. ADAMS, his wife, PLAINTIFFS : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA V. MARY LOUtSERAMSAY WOLF, RIOHAROW. RAMSAY, LARRYM.RAMSAY, MARGHERtTA R RAMSAY, LYNN. ANN WHITE tJdlb/a W. R RAMSAY PROPERTY AND RENTALS, DEFENDANTS : 01-6322 CIVIL TERM IN RE: BENCH TRIAL OPINION AND VERDICT Bayley, J., March '1.7,. 2006:- This suit was heard at a bench trial on March 22,2006, on a claim by plaintiffs against defendants forbre.achof a settlemenfagreement. On OCl:ober 23, 1~ge, defendant, Ridlard Ramsay i signing for 'Richard Ramsay, Larry Ramsay, Mary Lou Wolf. ana Lynn Ann Wnite, tla W. R. RamsayProperly & Rentals: executed a listing agreement with a real estate broker to sell their commercial propel1Y ,conlainingsixty. five mobile home plids and forty-one apartmants in Faiwlew TownShip, YorkCounly, for $2,700,000. Thefourprincipals are siblings. After some negotiations, Richard Ramsay. as "manager" on behalf of the principals, signed anacceplance and offer for the propertyoU2,OOO;OOO;ft0tJ1 Qonald E, Mams and Oathy Adal'l!S. Defepdlilnts subsequently refused to settle with tile Adams. Instead, they a9~among "~_e_~^^__^n_'_~~____"'_'_'"~~_~~'~~' *->"'"' -, '''~~- ..,. - ",,~~--,-.-------~-,,- " ~ , ." ,"'" _ .,w>~< ~""'U lIO\!"",i,;m""~,t,,,~,.I<;;)<; " Ii , 01-6322 CIVIL TERM themselves that Mary Louise Wolf would buy the properly for $1,400,000 to be paid to the other siblings. The Adams threatened suit. Charles H. Stone represented the Ramsays. Curtis P. Cheyney, Ill. represented Wolf. Marcus A. McKnight, Ill, represented the A(:Iams: The negotiations regarding the claim were between McKnight and Stone. RichatdRamsaytestified thaUhere wiilltan agreement amongthe_sl~ings that Wolf would pay $27,500 to settle the Adams' claim. He would not have settled with Wolf on the property unless the claim of the Adams was a settlement. This information was conveyed to Stone. On December 19.1998, Stone wrote 10 McKnight Theis will confirm our telephone conversalion of December 18, 1911S:. I propose to settle the dispute between the Ramsays and the Adams's as -follows: A The Ramsays Will pay Ihe sum of$27.500to Mr. and Mrs. Adams. B. Mr. and Mrs. Adams will deliver general releases to Riohard Ramsay, Larry Ramsay and spouse, Lynn Ann White andspollse, andfllary Lou Wolf. They would intum release the Adams's , C. Ttljs offer is cOntingentupon Mary Ll>uWt:ilf'S'purcha$eof the prOpe_rtyanG her supj:l1ying theiund$-torthillsettlem:ent, Y!lfiieh shena$ orally.agreed to do. Should-sM notf&J;IJinihis~rOJnj.eand nl)1;~rcl1il.#l:epr-operty. the offer wouldlla'wt"re.~ Wernave to plllllitime Ilmit!!lnsuch aMlIrrangem~nt.llnd I i"lm suggest11'1g Jan. 31, 1995. If you find this sati$faolory, pljlall8iidvls$'wltbsomeW'tltllJg that I can display to other counsel involvedln tbetra_ctlo~n. (Emj)hasis added.) On January 21, 1999, McKnight wrote 10 Stlme: This letter is to confinn thatw&hlliveSelitledthlScaee. Your oIiel'll&havelli~ topay~r.lilnd Mm. O!ilnl~ldE~/I,~.ll1$t"d1t)e'sumof T~ Seven1':bOtlsand -Five HUndfedilllij no11:UO($~1;f!m:e;C:l>)~Ial's. Th\$;paymentw/lloccur upon sett!etllenllletWfloo;tl'ie rtamseys.afidMary- loll Wolf Whois now purcfiasil'lQtheproperty, -2. ~ ~...... ~;~~" ' -.' '~'~'~*,~i , ", f 01-6322 CIVIL TERM Please confirm the settlement date, time and location. (Emphasis added.) On January 26, 1999, Slone sent a memorandum to McKnight with a draft of a General Release. He said that he would send it to Cheyney if McKnight approved iI, and that settlement would be held on a given date in Blue Bell, Pennsylvania. McKnight approved the Release. Stone then forwarded It to Cheyney, who returned it suggesting an additional phrase, "denial of all liability or fault," be included in the document. Stone added the additional language and forwarded the Release to McKnight. Donald Adams and Cathy Adams signed it on February 5. 1999. The Reiease provided tnaltor $27,500, the Adams discharged "Mary Louise Ramsay Wolt, Richard W. Ramsay. Larry M. Ramsay, Margherita R. Ramsay, Lynn Ann White and W. R. Ramsay Property and Rentals" for all claims arising out of the proposed purchase by the Adams of the FailView Township property. McKnight told Stone that he was wilting to go to the scheduled settlemenl. but Stone told him that Cheyney had approved ihe Release. so there was no need because it was a done deal. Stone testified that he prepared the General Release beeausel)is cHants told him that "the matter had been settled and the money would be forthcoming.. When the settlement on the $1 ,400,000 purchase by Wolf from her siblings occurred in Blue Bell, the $27.500 settlement with the Adams was not paid, nor has it since been paid. Mary Louise Wolf testified that she attended the settlement and paid $1,400,000 taher sii:llil1fll;. She did not remember any conversation about her paying a $27,500 settlement, she never agreed to pay such a settlement, and that no conversation -3- ~___"~, ,- - -- ~'". "~,="H~O"~"'~ ~ .~~. - ~ ~L_ ~ "' .....-" ~ "~~-'l' ~~"~''''''t''",','''''"_-,"__,,,,y,,,_ j , I 01~322 CIVIL TERM occurred at the settlement about a $27,500 payment.' DI.SCUSSION The four siblings wanted to sell the FairviewTownship commercial property. On behalf of the siblings, Richard Ramsay, as manager, signed the Ifsting agreement and the acceptance ofthe $2,000,000 offer by the Adams. Thereafter, the four siblings agreed that instead, the property would be sole! to Mary Louise Wolf for $1,400,000. The Adams threatened suit. Based on the evidence, and the reasonable inferences to be drawn therefrom, we find that the four siblings agreed that a $27,500 settlement be made with the Adams to be paid by Wolf, and that they would then settle on their $1.400.000 sale to Wolf. Richard Ramsay conveyed those terms to attorney Stone, Stone conveyed them to McKnight. The General Rele.ase was prepared by Stone releasing the four siblings. which wasforwaroed to Cheyney. Cheyney returned the Release to Stone with a suggested change which Stone put intheRelease. That Release was forwardad to McKnight and signed by the Adams'setlling the case. Wedo not beliEwe Mary Louisa Wolf that she did not agree to pay tha $27,500. We find that she agreed with her siblings, the potential defendants in any suit by the Adams, to make that payment as a condition for her to purchase the property. The siblings were acting l!1gether frpm when they place.d their property for sale. Mary Louise Wolf breachedthesett~mentaQl'eement oftnefOl.Jr sil>Jlngs wiIh the Adams, and is liable to them for $27,500, The Ramsavs, although they would have benefited j Neither L~rry Ramsay, Lynn White, or Curti!> Cheyney testifie!d at trial. -4- ~ ~ ~- I~ ",~"'""'_" '''''''"~''''''"r .~~ "" ~~ "C,_ 1l!~i..&:~;i;~1 .' , '#'< 01-6322 CIVIL TERM from such a settlement: did not agree to contribute to it, and are nolliable to plaintiffs.' VERDICT AND NOW, this JlJ~ day of March, 2006, I find; (1) In favor of Donald E, Adams and Cathy A Adams against Mary Louise Ramsay Wolf, (2) Damages are awarded to Donald E Adams and Cathy A, Adams against Mary Louise Ramsay Wolf in lhe amount of $27,500, plus legal interest from February 5, 1999. (3) I find In favor 01 Richard W. Ramsay, Larry M. Ramsay, and Lynn Ann White, Sy theCourt,'~ / George B, Faller, Jr., Esquire For Plaintiffs ( 2 Richard Ramsay's reliance on the agreement by the siblings that was not paid by WOlf has led to exactly what he wanted to avoid, This suit and another companion suilln 1his court in equity. , Named defendant, Margherita R. Ramsay, is lhewife of Larry Ramsay. Plaintiff has not proceeded against her. -5- 't-* " '* ~. .- ~ , . 01-6322 CIVIL TERM Curtis P. Cheyney, Ill, Esquire 1601 Markel Street, 341" Floor Philadelphia, PA 19103 For Mary Louise Ramsay Wolf Wade D. Manley, Esquire For the Ramsays :sal -6- L...........,~.".,"';;-""'II$ilIil;-:Il""'~.xJ..L'_,"',"''' Cj , , j ! -,,; " ~ ~~ ~ '- :... ~ ~ JaiLb ~,!;;W",,",r-f<'oJ- . . CERTIFICATE OF SERVICE I hereby certify that on the 6th day of April, 2006, I caused a true and correct copy of the foregoing Motion for Post-Trial Relief of Defendant Mary Louise Ramsay Wolf to be forwarded via United States First Class Mail, postage prepaid, to the following: George B. Faller, Jr., Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, P A 17013 Wade D. Manley, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 ~'':'m 17 If ,,~~'" ~-~,,~- '-." I ,; ", _" ~. -_,_~-o'., "~,: -:~j', f SWARTZ, CAMPBELL & DETWEILER By: Curtis P. Cheyney, Ill, Esquire Attorney l.D. No. 03827 1601 Market Street, 34th Floor Philadelphia, PA 19103 (215) 299-4304 Attorney for Defendant T(u :~~^e hert'by notified to plead ':) \J,,~, C;!lcl osed within (20) days from service hereof. s:!<m, CMiPBELL & DETWEILER By Attorneys far DONALD E. ADAMS and CATHY A. ADAMS, his wife Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. No. 01-6322 MARY LOUISE RAMSEY WOLF, RICHARD W. RAMSAY, LARRY M. RAMSAY, MARGHERITA R. RAMSAY, LYNN ANN WHITE tJd/b/a W.R. RAMSAY PROPERTY AND RENTALS Defendants CIVIL ACTION - LAW DEFENDANTS' AMENDED ANSWER TO COMPLAINT WITH NEW MATTER AND NOW, this day of November, 2002, the Defendant, Mary Louise Ramsay Wolf, by and through her attorneys, Swartz, Campbell & Detweiler, denying any and all liability, responds to the specific allegations of the Complaint as follows: I. Admitted. 2. Admitted in part, denied in part. It is admitted only that Mary Louise Ramsay Wolf resides at 3 Shawnee Road, Ardmore, Pennsylvania; it is denied that the defendants with Mary Louise Ramsay Wolf, trade or do business as W.R. Ramsay Property and Rentals. 3. Denied. It is denied that the individual and answering defendant put any real estate on the real estate market. To the contrary, the real estate at issue was considered by some of the Defendants for participation in a charitable remainder trust with Hood College and was never placed ,~.__~. ~.m~","'~~ ,~, ~ ~-. '~~.'~~ ~e" .JJ_' 1- ;~. ~,< , ~ "~_W'~" ""!l!oilI.""~"I",.-."""_"",""<,,,,-,,.,_;,k"_" by answering Defendant into the real estate market or for general marketing by any agent of answering defendant. 4. Denied. After reasonable investigation, defendant Wolf is unable to form a beliefas to the truth or falsity of the allegations contained in paragraph four (4); those allegations are therefore denied and strict proof thereof demanded at trial. It is denied that Jack Gaughen or any agent of Jack Gaughen Real Estate was an agent for Mary Louise Ramsay Wolf from, for or by any communication with Plaintiffs. 5. Denied. It is denied that the Plaintiffs made any unconditional offer to Answering Defendant or to the defendants. If any discussion of purchase by Plaintiffs occurred, upon information and belief, it occurred with parties other then Answering Defendant, including Hood College and its representatives. It is denied that Plaintiff made a non-contingent, non-qualified offer to purchase the partnership's real estate or assets for $2,000,000.00; it is denied that all partners agreed to sell the real estate or business assets and therefore the partnership did not agree on material terms to sell the real estate and business at issue to the Plaintiffs. 6. Denied. It is denied that on July 14, 1997 defendant Wolf individually or as a partner in W.R. Ramsay Property & Rentals demanded or accepted by a letter signed by Richard W. Ramsay, or otherwise, the term of the cash consideration offered by the plaintiffs to purchase the said real estate from Hood College, if Hood College accepted and closed on a proposed charitable remainder trust with the real estate, for the sum ofTwo Million Dollars and no/1 00 ($2,000,000.00); it is denied that answering Defendant, prior to the other Defendants' agreement to sell their partnership interests to Answering Defendant, authorized anyone to accept any offer to purchase the real estate and partnership business assets. It is denied that Exhibit "c" to the Complaint is a letter authorized by Answering Defendant. After reasonable investigation, defendant Wolf is unable to form a belief as "" ~~ ~J ~~"" "' ~~~""".-''''~~;::.,," to the truth offalsity of the remaining allegation contained in paragraph six (6); and those allegations are therefore denied and strict proof thereof demanded at trial. 7. Denied. It is denied that from July 14, 1997 to August 13, 1998 defendant Wolf, through Richard W. Ramsay or by authorized legal counsel, promised that settlement with Plaintiffs for the real estate would be held within a few weeks. It is denied that Answering Defendant ever had an agreementto sell real estate and/or business assets to which she was a partner/owner to Plaintiffs. After reasonable investigation, defendant Wolf is unable to form a belief as to the truth or falsity of the remaining allegations contained in paragraph seven (7); and those allegations are therefore denied and strict proof thereof demanded at trial. 8. Denied. After reasonable investigation, defendant Wolf is unable to form a belief as to the truth or falsity of the allegations contained in Paragraph Eight (8); and those allegations are therefore denied and strict proof thereof demanded at trial. 9. Denied. After reasonable investigation, defendant Wolf is unable to form a belief as to the truth or falsity of the allegations contained in Paragraph Nine (9); and those allegations are therefore denied and strict proof thereof demanded at trial. COUNT I BREACH OF CONDUCT 10. Defendant Wolf incorporation by reference Paragraphs One (1) through Nine (9) above as set forth in full herein. II. Denied. After reasonable investigation, defendant Wolf is unable to form a belief as to the truth or falsity of the allegations contained in Paragraph Eleven (11). It is denied that Answering Defendant ever agreed to sell the real estate or any assets to which she had a partnership interest to plaintiffs. Those allegations are therefore denied and strict proof thereof is demanded at -., . ~,,~, -" "'~ '"' "''''''''''.'''''''"","6".''1''" trial. 12. Admitted and denied. It is denied that the defendants or answering defendant breached any agreement to sell the subject real estate and/or partnership business assets or property to the plaintiffs. It is admitted that the partner defendants agreed to sell their partnership interest in real and personal assets of the property and business of W.R. Ramsay Property and Rentals to defendant Mary Louise Ramsay Wolf. 13. Denied. It is denied that defendant Wolf reached a Settlement Agreement with the Plaintiffs or agreed to pay the Plaintiffs the SlUll of Twenty Seven Thousand Five Hundred Dollars and No Cents ($27,500.00) and defendant Wolf denies that she ever authorized or approved a Settlement Agreement with Plaintiffs. Defendant Wolf refused such a proposed Settlement Agreement. After reasonable investigation, defendant Wolf is unable to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph Thirteen (13); and those allegations are therefore denied and strict proof thereof demanded at trial. 14. Denied. It is denied that the legal counsel for Mary Louis Ramsay W o\fhad reviewed and drafted a Release designed be given to the plaintiffs or that the draft agreement was for any agreed settlement. The draft release was a revision to a draft release prepared by Attorney Stone who was not the attorney for Answering Defendant 15. Admitted and denied. It is admitted that the plaintiffs sought specific performance and the conveyance by defendant Mary Louis Ramsay Wolf of the property she purchased from the partner ofW.R. Ramsay Property with Rentals, partners under a Will and Agreements of themselves or their partners. It is denied however, that Plaintiffs have the right to insist on such. Answering Defendant incorporates by reference the Order of the Court dated October 23,2002, a copy of which is attached hereto as Exhibit "A." It is denied that the defendant W olfbreached either an Agreement "",;..""'-'''=~~'''"-'''''^ ~ -~, ~- ~~~- ~- "-1" 1, ~'""-""lll_'"'''' ~IliW;'-'-~~--:':~"~,;, of Sale with the plaintiffs or any agreement with the plaintiffs; Answering Defendant entered into no agreement with plaintiffs. After reasonable investigation, defendant Wolf is unable to form a belief as to the truth offalsity of the remaining allegations contained in Paragraph Fifteen (15), and those allegations are therefore denied and strict proofthereof demanded at trial. 16. It is admitted that Plaintiffs seek the relief set forth in Paragraph Sixteen (16). It is denied that they are entitled to that belief for the reasons set forth in Paragraphs Three (3) through Fifteen (15) above and by the New Matter below. WHEREFORE, defendant Wolf respectfully requests that judgment be entered in her favor and against plaintiffs. COUNT II BREACH OF SETTLEMENT AGREEMENT AND BREACH OF CONTRACT AGAINST ALL DEFENDANTS 17. Defendant Wolf incorporates by reference Paragraphs One (I) through Sixteen (16) above as if set forth in full herein. 18. Denied. It is denied that Answering Defendant authorized or approved negotiations as referenced with Plaintiffs; it is denied that the defendant Wolf reached a settlement for Twenty- Seven Thousand Five Hundred Dollars and No Cents ($27,500.00) which permitted the defendants to convey their partnership interests in the real estate and other assets to defendant, co-partner Mary Louis Ramsay Wolf. After reasonable investigation, defendant Wolf is unable to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph Eighteen (18); and those allegations are therefore denied and strict proof thereof demanded at trial. 19. Denied., It is denied that any settlement by and between and defendant Wolf was confimled by authorized correspondence dated December 19, 1998 from Charles H. Stone, Esquire, a copy of which was attached marked as Exhibit "D" and a copy of correspondence dated January ~- -. ~. ~ <, " -' ~-; , i ~ ~";'."""""~~~"""""'A,j 21, 1999 by counsel for the plaintiffs was attached and marked as Exhibit "E" to the Complaint - both were unauthorized by Answering Defendant. After reasonable investigation, defendant Wolf is unable to form a belief as to the truth or falsity ofthe remaining allegations contained in Paragraph Nineteen (19); and those allegations are therefore denied and strict proof thereof demanded at trial. 20. Denied. It is denied that on January 26, 1999, counsel for the defendant Wolffaxed to Answering Defendant a General Release which was signed by the Plaintiffs on February 5, 1999. It is denied that said Release documents were authorized to be released to Plaintiff as a memorial of an agreement by Answering defendant and it is denied that Charles Stone was counsel for defendant Wolf. After reasonable investigation, defendant Wolf is unable to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph Twenty (20); and those allegations are therefore denied and strict proof thereof demanded at trial. 21. Admitted. It is admitted that Plaintiffs seek the relief set forth in Paragraph Twenty- Two (22). It is denied thatthey are entitled to that relief for the reasons set forth in Paragraphs Three (3) through Twenty-One (21) above and the New Matter below. 22. It is admitted that Plaintiffs seek the relief set forth in Paragraph Twenty-Two (22). It is denied that they are entitled to that belief for the reasons set forth in Paragraphs Two (2) through Twenty-One (21) above and the New Matter below. WHEREFORE, defendant Wolf respectfully requests that judgment be entered in her favor and against plaintiffs. NEW MATTER 23. Defendant Wolf incorporates by reference Paragraphs One (1) through Twenty-Two (22) above as if set forth in full herein. 24. There are no writings setting forth the essential terms of an alleged Agreement .,;! - ~"',"""_._.." ~ 1,_- I. ."" ~ ~ """ of Sale for real estate or assets and thus any alleged agreement to sell real estate is barred by the Statute of Fraud. 25. There are no agreements setting forth the essential terms of an alleged Agreement of Sale signed by defendant Wolf or by her authorized agent and therefore there is no agreement to sell real estate or other assets nor any agreement upon the material terms for such a sale/purchase to be enforced at law or in equity. 26. Plaintiffs' claim~ on an alleged Agreement of Sale are barred by the Statute of Frauds and Parole Evidence Rule. 27. At no time was Richard Ramsay authorized to act or speak on behalf of defendant Wolf with regard to plaintiffs' negotiations or for the sale of her partnership interest in the land or the assets at issue in this case or for the settlement of any dispute with plaintiffs. 28. At no time was Charles Stone authorized to act or speak on behalf of defendant Wolf with regard to negotiations with plaintiffs or for the sale of her partnership interest in the land or other assets which are at issue in this case or for the settlement of any disputes with plaintiffs. 29. At no time did defendant Wolf agree to sell any land or other assets to plaintiffs. 30. At no time did defendant Wolf agree to pay plaintiffs any money or other consideration in order to settle alleged claims which they asserted against her or against any other defendant. 31. Plaintiffs' claims are barred, in whole or in part, by the doctrine of laches, estoppel and bar; and the claims are barred by the failure to state a cause of action, 32. Plaintiffs' claims are all barred by failure of consideration. 33. The alleged agreement upon which plaintiffs rely - Exhibit "2" to the Amended Complaint - is not a complete document, is not signed by the party or the parties alleged to be bound _I 't-~~,-,i '-"""""'''''"'~~~-'-''''''~$~-'~' -..",,,, -~ - ~-- ~~~, ,--, " ~~ ~- "~= ~> "" '" .~, 'po - 1I1~' 1^~'a't.;._ti,1 by the agreement as sellers and, therefore, is not an agreement enforceable in law or equity. 34. Plaintiffs have failed to mitigate their damages. 35. Plaintiffs have failed to join necessary and indispensable parties. 36. Plaintiffs have failed to set forth a cause of action for which relief can be granted. 37. Plaintiffs' claims are barred by the statute of limitations. 38. Plaintiffs were never ready, willing and able purchasers of the subject real estate, or other assets; they never had funds or funding to complete the alleged sale transaction and plaintiffs failed to establish the asserted terms of their alleged agreement and they failed to tender the full consideration for a closing prior to filing suit. 39. Defendants incorporate by reference the terms and conditions of the Partnership Agreement as well. 40. Defendants incorporate by reference the Order of the Court dated October 23,2002. 41. This Complaint is barred by the Doctrine of Lis Pendens. Answering Defendant incorporates by reference its prior Answer in this civil action at 99-4227 filed in this Court. A copy of said Answer is attached hereto as Exhibit "B." 42. Defendants incor;porate their prior answer as fully as though set forth at length herein. WHEREFORE, defendant Wolf respectfully requests that this Court enter judgment in her favor and against plaintiffs. SWARTZ, CAMPBELL & DETWEILER By: .~ ey, lll, Esquire \ \ \ , I I / I , -~-- .<--""'-~ ~ ~~- b- .-~ "~~,,.<-w.. - -! , . '~~""'~,'fc-{\,",~".!.."'",?V__ - VERIFICATION The undersigned verifies that the facts set forth herein are true and correct to the best of his information, knowledge and belief. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa, C.S.A, 94904, relating to unsworn falsification to authorities. .' i, ,. -k . ,.- '..,-f .',' -'. ,_, """""'M; DONALD E. ADAMS AND CATHY A. ADAMS, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. MARY LOUISE RAMSAY WOLF, RICHARD W. RAMSAY, LARRY M. RAMSAY, MARGHERITA R. RAMSAY, : LYNN ANN WHITE t1d/b/a W.R. RAMSAY PROPERTY AND RENTALS, : DEFENDANTS : 01-6322 CIVIL TERM IN RE: PRELIMINARY OBJECTION OF DEFENDANT, MARY LOUISE RAMSAY WOLF, TO PLAINTIFFS' COMPLAINT BEFORE BAYLEY, J. AND HESS, J. ORDER OF COURT AND NOW, this -;t ~, day of October, 2002, IT IS ORDERED: (1) Paragraph 15 of plaintiffs' complaint, IS STRICKEN. (2) All other preliminary objections to plaintiffs' complaint by defendant, Mary Louise Ramsay Wolf, ARE DISMISSED. Edgar B. Bayley, J'. \. TRUE GOPY rliOM !1eCORD 11" T0S~!mor.y WherfiiJ1, ! hem unto set my hand ,'.. ~""I -" ....,"' ""'1"" ~. f'~'''~18 "'" a';;,.~ '.H8 .;;."X' i;J1 ~_,tJ -wV~~t G.~ VE;li.ln~, ra.. !i';S~3(f;,Y. _~ ~~:':P:. . ~~- Proth(lnr;tar~ , - ,-, " .<-. , -- -'.- ,....~ -- - _H _. .-.,. Marcus A. McKnight, Esquire For Plaintiffs Sean E. Quinn, Esquire 1601 Market Street, 34th Floor Philadelphia, PA 19103 For Mary Louise Ramsay Wolf ~ C. Roy Weidner, Jr., Esquire For Richard W. Ramsay, Larry M. Ramsay, Margherita R. Ramsay, Lynn Ann White tld/b/a . w.R. Ramsay Property and Rentals, :sal .'j,'", . >', ,- ';'-- ,,-,',';':. ,--",-.--~,,,",, - d -,'),;: ,.\_ i. .,.," J . ,-,!. - ", ,,"-,;f___,__~":' -. ,. : _-,;-.__.l;'_::&~1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD E. ADAMS and CATHY A. ADAMS, his wife, Plaintiffs v. MARY LOUISE RAMSAY WOLF, RICHARD W. RAMSAY, LARRY M. RAMSAY, MARGHERITA R RAMSAY, LYNN ANN WHITE tJd/b/a W.R RAMSAY PROPERTY AND RENTALS, Defendants. No. 99-4227 Equity Term Civil Action - Equity TO: NOTICE TO PLEAD Marcus A. McKnight, ill, Esquire Irvin, McKnight & Hughes West Pomfret Professional Bldg. .- 60 West Pomfret Street Carlisle, P A 17013-3222 You are hereby notified to file a written response to the enclosed Answer Pursuant to Rule 2252( d) within twenty (20) days from service hereof or a judgment may be entered against you. Date: 7/14/00 ?//.24~~ Allert C. Warshaw, Esquire AttomeyldNo.17145 Mary Pat Patterson Attomey Id No. 47620 DUANE, MORRIS & HECKSCHER LLP 305 North Front Street, 5th Floor P. O. Box 1003 Harrisburg, P A 17108-1003 (717) 237-5500 Attomeys for Mary Louise Ramsay Wolf ["" " ~ ~ ,1_ ) . .",- ". ';"., ,-,'. -"'''-.., ',- \'j '~dl..-, <<- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD E. ADAMS and CATHY A. ADAMS, his wife, Plaintiffs No. 99-4227 Equity Term v. MARY LOUISE RAMSAY WOLF, RICHARD W. RAMSAY, LARRY M. RAMSAY, MARGHERlTA R. RAMSAY, LYNN ANN WHITE t1d/b/a W.R. RAMSAY PROPERTY AND RENTALS, Defendants. Civil Action - Equity ANSWER OF DEFENDANT MARY RAMSAY WOLF TO AMENDED COMPLAINT IN EOUITY 1. Admitted. 2. Admitted. 3. Denied. It is denied that the individual defendants put any real estate on the real estate market. To the contraIy, the real estate at issue was placed on the real estate market by W R Ramsay Property & Rentals, a Pennsylvania general partnership. 4. Denied. Afterreasonable investigation, defendant Wolf is unable to form a belief as to the truth or falsity of the allegations contained in paragraph four (4). Those allegations are therefore denied and strict proof thereof demanded at trial. 5. Admitted. 6. Denied. It is denied that on July 14, 1997 defendant Wolf individually or as a partner in W R Ramsay Property & Rentals accepted, in a letter signed by Richard W. Ramsay, " '" "' . ~ . .~.... "' ';~" ,-, " bi, :" ~-,,--;~~~1; ";, , . the offer of the plaintiffs to purchase said real estate for the sum of Two Million and no/l 00 $2,000,000.00) Dollars and that a copy of such a letter is attached to the Amended Complaint and marked as Exhibit "C" and is made a part of this Complaint. After reasonable investigation, defendant Wolf is unable to form a belief as to the truth or falsity of the remaining allegations contained in paragraph six (6). Those allegations are therefore denied and strict proof thereof demanded at trial. 7. Denied. It is denied that, from July 14, 1997 to August 13, 1998 defendant Wolf, through Richard W. Ramsay or her legal counsel, repeatedly promised that settlement for the real estate would be held within a few weeks. After reasonable investigation, defendant Wolf is unable to form a belief as to the truth or falsity of the remaining allegations contained in paragraph seven (7). Those allegations are therefore denied and strict proof thereof demanded at trial. 8. Denied. After reasonable investigation, defendant Wolf is unable to form a belief as to the truth or falsity of the allegations contained in paragraph eight (8). Those allegations are therefore denied and strict proof thereof demanded at trial. 9. Denied. After reasonable investigation, defendant Wolf is unable to form a belief as to the truth or falsity of the allegations contained in paragraph nine (9). Those allegations are therefore denied and strict proof thereof demanded at trial. COUNT I - IN EOUITY FOR SPECIFIC PERFORMANCE AGAINST ALL DEFENDANT 10. Defendant Wolf incorporates by reference paragraphs one (1) through ten (10) above as if set forth in full herein. ~, -~ - ,. "~- J"V ~-, , ,~ ;~ .;iJL!t')i~ 11. Denied. After reasonable investigation, defendant Wolf is unable to form a belief as to the truth or falsity of the remaining allegations contained in paragraph six (6). Those allegations are therefore denied and strict proof thereof demanded at trial. 12. Admitted and denied. It is denied that the defendants agreed to breach any agreement to sell the property to the plaintiffs. It is admitted that defendants agreed to sell the property to defendant Mary Louise Ramsay Wolf. 13. Denied. It is denied that defendant Wolf reached a Settlement Agreement with the plaintiffs to pay the sum of Twenty Seven Thousand Five Hundred and no/l00 ($27,500.00) Dollars and therefore that defendant Wolf refused to honor such a Settlement Agreement. After reasonable investigation, defendant Wolf is unable to form a belief as to the truth or falsity of the remaining allegations contained in paragraph thirteen (13). Those allegations are therefore denied and strict proof thereof demanded at trial. 14. Denied, It is denied that the legal counsel for Mary Louise Ramsay Wolf had reviewed and drafted the Release sent to the plaintiffs which they signed. IS. Admitted and denied. It is admitted that the plaintiffs seek specific performance and the conveyance by defendant Mary Louise Ramsay Wolf of the property she purchased from her brothers and sisters. It is denied that defendant Wolf breached either an Agreement of Sale with the plaintiffs or a Settlement Agreement with the plaintiffs since it is denied that she entered into either such agreement. After reasonable investigation, defendant Wolfis unable to form a belief as to the truth or falsity of the remaining allegations contained in paragraph fIfteen (IS). Those allegations are therefore denied and strict proof thereof demanded at trial. ~ ,~ ., -, '- " ".,--, ,'. ~ " 16. It is admitted that plaintiffs seek the relief set forth in paragraph sixteen (16). It is denied that they are entitled to that belief for the reasons set forth in paragraphs three (3) through fifteen (15) above and the New Matter below. WHEREFORE, defendant Wolf respectfully requests that judgment be entered in her favor and against plaintiffs. COUNT II BREACH OF SETTLEMENT AGREEMENT AND BREACH OF CONTRACT AGAINST ALL DEFENDANTS 17. Defendant Wolf incorporates by reference paragraphs one (1) through sixteen (16) above as if set forth in full herein. 18. Denied. It is denied that following extensive negotiations, the plaintiffs and the defendant Wolf reached a settlement which permitted the defendants to convey the real estate to defendant, Mary Louise Ramsay Wolf, provided the sum of Twenty-Seven Thousand Five Hundred and no/lOO ($27,500.00) Dollars was paid by the defendants to the plaintiffs. After reasonable investigation, defendant Wolfis unable to form a belief as to the truth or falsity of the remaining allegations contained in paragraph eighteen (18). Those allegations are therefore denied and strict proof thereof demanded at trial. 19. Denied. It is denied that any settlement between plaintiffs and defendant Wolf was confirmed by correspondence dated December 19, 1998 by Charles H. Stone, Esquire, a copy of which is attached hereto and marked as Exhibit "D" and a copy of correspondence dated January 21, 1999 by cOunsel for the plaintiffs, a copy of which is attached hereto and marked as Exhibit "E" and made a part of this Complaint. After reasonable investigation, defendant Wolf is unable to form a belief as to the truth or falsity of the remaining allegations contained in ",'0 _ ',', ;1 ~ ,- - ""j;CrJ'-JJI - .) I ..... ;;. .., .__ .1._ ~ " -,~ - ~ ~~ " - -~u: , paragraph nineteen (19). Those allegations are therefore denied and strict proof thereof demanded at trial. 20. Denied. It is denied that, on January 26,1999, counsel for the defendant Wolf faxed a General Release which was signed by the plaintiffs on February 5, 1999. It is denied that said release was given to counsel for the defendant Wolf and that Charles Stone was counsel for defendant Wolf. After reasonable investigation, defendant Wolf is unable to fonn a belief as to the truth or falsity of the remaining allegations contained in paragraph twenty (20). Those allegations are therefore denied and strict proof thereof demanded at trial. 21. Admitted. It is admitted that defendants have failed to pay to the plaintiffs the sum of Twenty-Seven Thousand Five Hundred and nolI 00 ($27,500.00) Dollars or, in the alternative, agree to convey the subject real estate to the plaintiffs. After reasonable investigation, defendant Wolfis unable to fonn a belief as to the truth or falsity of the remaining allegations contained in paragraph twenty-one (21). Those allegations are therefore denied and strict proof thereof demanded at trial. 22. It is admitted that plaintiffs seek the relief set forth in paragraph twenty-two (22). It is denied that they are entitled to that belieffor the reasons set forth in paragraphs three (3) through twenty-one (21) above and the New Matter below. WHEREFORE, defendant Wolf respectfully requests that judgment be entered in her favor and against plaintiffs. NEW MATIER 23. There are no writings setting forth the essential tenus of the alleged Agreement of Sale. " :'.' . " , , 24. There are no writings setting forth the essential terms of the alleged Agreement of Sale which have been signed by defendant Wolf or her authorized agent. 25. Plaintiffs' claims based on an alleged Agreement of Sale are barred by the Statute of Frauds. 26. At no time was Richard Ramsay authorized to act or speak on behalf of defendant Wolf with regard to plaintiffs, the sale of the land which is at issue in this case or the settlement of any disputes with plaintiffs. 27. At no time was Charles Stone authorized to act or speak on behalf of defendant Wolf with regard to plaintiffs, the sale of the land which is at issue in this case or the settlement of any disputes with plaintiffs. 28. At no time did defendant Wolf agree to sell any land to plaintiffs. 29. At no time did defendant Wolf agree to pay plaintiffs any money in order to settle any claims which they had against her or any other defendant. 30. Plaintiffs' claims are barred, in whole orin part, by the doctrine oflaches, estoppel and bar. 31. Plaintiffs' claims are barred by failure of consideration. 32. The alleged agreement upon which plaintiffs rely - Exhibit "2" to the Amended Complaint -- is not a complete document, is not signed by the party or any of the parties alleged to be bound by the agreement as sellers and, therefore, is not an agreement enforceable in law or equity. 33. 34. 35. Plaintiffs have failed to mitigate their damages. Plaintiffs have filed to join indispensable parties. Plaintiffs have failed to set forth a cause of action for which relief can be granted. -'-,.,,' O">~"""wJ- --..~ ,... " "'r _ kl . . ".,.;". ~-~-~~';'p; , . . 36. Plaintiffs were never ready, willing and able purchasers of the subject real estate, never had funds or funding to complete the alleged transaction and plaintiffs breached the terms of their alleged contract by failure to close or tender the consideration for a closing prior to filing suit. WHEREFORE, defendant Wolf respectfully requests that this Court enter judgment in her favor and against plaintiffs. Respectfully submitted, Dated: 7/14/00 ~~/~ Allen C~haW, Esquire AttomeyIdNo.17145 Mary Pat Patterson Attorney Id No. 47620 Duane, Morris & Heckscher LLP 305 North Front Street, 5th Floor P.O. Box 1003 Harrisburg, P A 171 08-1 003 (717) 237-5500 HBG\52333.1 Attomeys for Mary Louise Ramsay Wolf -" 1 LrU - r It ""'-U ' ",,,,~,,"" Aug. 04 1999 ' ,.v~ 'bUlV . 09.08RM P3 , ~;c~ :-";t" FROM , JUL:-li' 00(TU2) 1100 . '". FAX NO. : DUANh, MORRIS ~ H~CKSCHbK " ~ . . VERIFICATIQN 1, Mary Louise RJlJnsay Wolf. he",!>)' aver and s\Jlte that I have read the f"r~going document which hll:j beellllrnfred by m)' counsel. The (flewal statements contained therein are true !Wi correcl to lhe bc:st 01 my knowledge, infoTtIla\ion and beliaf lIlLhough the 1lll1guage is tllat of my cO\lllSe\ find, to the extent that the content ofthe foregoing documem is that of cot1nse1, I have relied upnn counsel in making thi~ veri1ication, nus ~\atemcnt is mudc 5ubjecllo tM penalties of 13 Pa. C.S.A. ~ 4904 relating to \UlllWom lalsilie~tion to authorities, which provides that if! make knowingly mise statements. I mllY be &t1bject to criminal pCIlll\lies. m,ff./&.":U~ ,-'/)4 Mury uise Ramsay :)j U 113!;J.t)tJ~ ",' "-- .~,"~--~ , . . "~ -.'~""*-~"!,,,, t' ~ , . ~ . CERTIFICATE OF SERVICE On this 14th day of July, 2000, I, Patricia Z. Glusko, a secretary in the law offices of Duane, Morris & Heckscher LLP, hereby certifY that I have served this day true and correct copies of the foregoing ANSWER OF DEFENDANT MARY RAMSAY WOLF TO AMENDED COMPLAINT IN EQUITY in the above-captioned matter, by depositing same in the United States First Class Mail, postage prepaid, in Harrisburg, Pennsylvania, to those persons and addresses indicated below: Marcus A. McKnight, ill, Esquire Irvin, McKnight & Hughes West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, P A 17013-3222 Attomeys for Plaintiffs Donald E. Adams and Cathy A. Adams C. Roy Weidner, Jr., Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attomeys for Defendants Richard W. Ramsay, Larry M. Ramsay, and Lynn Ann White ?~~l~ -- :j),<J(;'oJ.d C?, 4d~",., <J ,-u;,.~ t:J, I:j rJa WI j ~~ "J, "C'1t~~~,;;J~1;"h;" .j)I7u<k-F;;J..S' J3 QS( /k efL.-f Plaintiff In The Court of Common Pleas of Cumberland County, Pennsylvania No.Q.L- (P:J.,L~ tYl~ I.~ IS<. an7~ cJffl/~/d)J Defendant Oath We do solemnly swear (or affinn) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. ~1&,r/ 81 lure j tndsiJ ~a de; Name (Cha' ) 1$:ufCl W 0/-;: U- Law Finn N1:IA.h (1/1'-7 ~:~Sk4fl~/L~ LawFinn o?le;J, /1(111 SIrw' Address U a fsll ~. ~3 City, Zip 4f:. / ~lf~Y Award We, the undersigned arbitrators, having been duly appointed and swom (or affinned), make the following award: (Note: If damages for dela\ are a-;arded, they shall be separately stated.) " ~t1!5JrLLJ In I{;H ~ ,J)'t'khdan& 37 S i/an~~cV Address ~t1~ g /~;"'? City, Zip t/; 1011./2, Civil Action - Law. ~~~ DAar&n (}/~L Name . ct. tPo ' 15W (, J- Address (}ntJV7lk ~ 1'1003 City, Zip 1:1 17l?? Date of Hearing: /~. ?(J S- Date of Award: .-i2.? IJ 0""" . Arbitrator, dissents. (Insert name if applicable.) 1)1III' .... '<.' . . . ., _..v,.... :11" ,'; ~iM; " ,'; ~'I., ~~-~~ ~~J!ffi~ Notice of Entry of Award ~ Now,the :l'flf day of Jib"AMk ,20 {):f ,at /'</'1 ,;? .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attomeys. Arbitrators' compensation to be paid upon appeal: $ .29tJ, Ob ~~~ By: Deputy "" fl~~~~~~~~H,",r.n;;-:s.<),",'_'i_,""'_'~'''~';'''l,;X_ ~,,_",,~-~";");,",~"'\!i'1\>>}.;;II''',*.<fu'mt.1~~''''-'''' . ~"'iIJt_<Jr.blW.-i~' ,-~ '>M="_ '!~"'",""..i.' "'~~~Ili-"' fiIlM;, ' ~ 0 '" r::, ~; = ~ I~ = -1S c.n C u,"_-::; <::J .-; '", en(;, f'<1 :r: e '"' --~, ::"-', c-:> rn :JJ r- './.) N -nn1 -r~O :3 '\C) \.0 C.~' I - ~~ \~ je' I:) ;i. " - ~'-H w ~ ~~~~' ~ J --.. 70 Om i- ~ ~ ?li --' 0- '" '. .j:" -< 0 ~ +:> ~ ~. 0 3'> ,.\) ~ 5'> " ;::, '~ ~ I '" " \: ~ f v> ~ -P 3 '" t;} w ~. !"' -:r\ ~ ~ ::J I) " 0 - ('I ~ ~ 7\, ~ ~ -' ~ ~ ~ ,7'\ "",-' p i7C\ ~ -I- ~ ~ E Q -r;, .~~"""'~" ,-~~~ _0 _. ~,,"~y-~,- -- - DONALD E. ADAMS AND CATHY A. ADAMS, his wife, PLAINTIFFS V. MARY LOUISE RAMSAY WOLF, RICHARD W. RAMSAY, LARRY M. RAMSAY, MARGHERITA R. RAMSAY, LYNN ANN WHITE t/d/b/a W. R. RAMSAY PROPERTY AND RENTALS, DEFENDANTS "'.__1 0-'-' 6,'t! 1 -1t~< - '),fo.-I.L'fI CL .-.-y ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6322 CIVIL TERM ORDER OF COURT 0('1---- day of May, 2006, upon request of counsel for AND NOW, this defendants, unopposed by counsel for plaintiff, oral argumentcurrently scheduled for May 15, 2006, is cancelled and rescheduled for Thursday, May 25, 2006, at 11 :30 a.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Gtlorge B. Faller, Jr., Esquire VFor Plaintiffs Artis P. Cheyney, III, Esquire -\ 1601 Market Street, 34th Floor Philadelphia, PA 19103 For Mary Louise Ramsey Wolf :sal Edgar B. Bayley, J. 1~1:~~r]n{ll'<.';a: 4. < ';,: '~&Lrll~ '"~d~~~I:tf~W.mi~'€i~'ll*J;;'.!'<..1r.J;'&tr~~{n~i~''''" ...J:'""i ".',;' '''><>' ,. , \.::,-,. J ~"H_' ~ I-'" tuP 04'" ~C P-;:r:~!. Csf:7C I ( , O(.c tu c.: ..... U:!..!.J FE t5 ~ b~ - - (.':: "7 ~~ ,S; -}'''?, "", -. . '= :':5'~! I-~j~ 'iJLU ,;;,~!Q :5 o C") Cf, ::l!: "<l: 0'\ I :>- ~ "" = = "" " ~'.""",,"," " '~". '"-""0',,"'"" " "U" ,.'