HomeMy WebLinkAbout03-3039IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BRENT MEANS and :
.lADE MEANS, husband and wife, :
Plaintiffs :
vs. : No.
DONALD LYONS and
MARY LYONS, husband and wife,
Defendants
C~/IL ACTION
COMPLAINT
BREACH OF CONTRACT
Filed on behalf of:
PLAINTIFFS,
BRENT MEANS and 3ADE MEANS, husband and wife
Counsel of record for this party:
RICHARD A, CONSIGL~O, ESI~UIRE
Pa. I.D. # 06669
304 Union Street
Hollidaysburg, PA 16648
(814) 696-4347
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BRENT MEANS and :
lADE MEANS, husband and wife, :
Plaintiffs :
vs. : No.
DONALD LYONS and
MARY LYONS, husband and wife,
Defendants
CIVIL ACTION
NOTZCE TO DEFEND
You have been sued in Court. ]f you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days alter the enclosed
document and Notice are served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the Court without further notice for
any money claimed in the endosed document or for any other claim or relief requested by
the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THZS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFtCE SET FORTH BELOW TO FI'ND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD A LAWYER
MID-PEN LEGAL SERVICES
8 IRVINE ROW
CARLISLE, PA 17013
717-243-g400
800-822-5288
IF YOU DO NOT HAVE A LAWYER
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
800-990-9108
Pa. I.D. # 06669
304 Union Street
Hollidaysburg, PA 16648
(814) 696-4347
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BRENT MEANS and :
JADE MEANS, husband and wife, :
Plaintiffs :
vs. : No, ¢?~ _~a$?
DONALD LYONS and :
MARY LYONS, husband and wife, :
Defendants :
CIVIL ACTION
COMPLAINT
BREACH OF CONTRACT
AND NOW, comes the Plaintiffs, Brent Means and Jade Means, husband and wife,
by and through their legal counsel, Richard A. Consiglio, Esquire, and files the following
Complaint in civil action:
1. That the Plaintiffs, Brent Means and Jade Means, husband and wife, are adult
individuals residing at 50 Seneca Drive, York Springs, York County, Pennsylvania 17372.
2. That the Defendants, Donald Lyons and Mary Lyons, husband and wife, are
adult individuals whose last known address was 611 Lavina Drive, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
3. That the Defendants entered into a written contract with the Plaintiffs dated
November 11, 2002 for the sale of their residence located at 611 Lavina Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17055, for a consideration of
$157,900.00. (A copy of said contract is attached hereto, made a part hereof, and marked
Plaintiffs' Exhibit "A").
4. That the Plaintiffs complied with all the terms and conditions of the aforesaid
sales contract.
5. That despite the compliance of the Plaintiffs' with all the terms and conditions
of the aforesaid sales contract, the Defendants refused to conclude settlement.
Settlement was initially scheduled for ,lanuary 10, 2003. However, on
.]anuary 9, 2003 Defendants and/or their real estate agent informed the Plaintiffs that they
would not close the sale on the aforesaid settlement date, and were no longer interested
in selling said property. As a result thereof, the Plaintiffs' attorney contacted the
Defendants and informed them that the Plaintiff's were prepared to enforce the contract,
by law suit, if necessary. Apparently as a result thereof, on .~anuary 16, 2003 the Plaintiffs
were informed by their real estate agent that the Defendants were once again prepared
to renew the contract; and a new closing/settlement date was scheduled for January 23,
2003. An addendum to the original contract was prepared evidencing the aforesaid
settlement date. However, the Defendants failed to execute said addendum.
Once again, the Defendants refused to close on the settlement date of
January 23, 2003. They demanded that the settlement date be changed to January 28,
2003. The Plaintiffs demanded that the settlement date of .January 23, 2003 be complied
with. However, they informed the Defendants that they were prepared to permit the
Defendants to reside in the residence until a future date if the Defendants were prepared
to pay rent to the Plaintiffs for their occupancy of said residence subsequent to January 23,
2003. The Defendants rejected that offer and refused to complete the aforesaid contract.
6. That the Defendants are in breach of the aforesaid contract in that they
refused to conclude the sale of the aforesaid premises as per the aforesaid contract of sale.
7. That as a result of the Defendants' breach of the aforesaid contract for sale,
the Plaintiffs have been forced to expend the following sums of money:
A. A payment of $325.00 with Codi Financial for the costs of an appraisal
and credit report; and
8. The sum of $35.00 to Codi Financial for the costs of rewriting their
mortgage; and
C. The sum of $310.00 for a home inspection fee with Two Beichler and
Tillery, Inc.; and
D. The sum of $74.00 paid to the Storage Depo for the storage of their
furniture while they were forced to obtain temporary lodging with personal friends; and
E. The sum of $1,000.00 paid to Glenview Apartments for the rental of
an apartment for a period of two months while they searched for a new home to purchase.
8. As a result of the Defendants' breach of the aforesaid contract for the sale,
the Plaintiffs have suffered damages as hereinabove set forth, in the total amount of
$1,744.00.
9. That the Plaintiffs have requested the Defendants to reimburse them for their
financial loss in the above-captioned matter as a result of their willful breach of the
aforesaid contract.
Further, the Defendants have continued to be in breach of said contract and
have continued to willfully fail and refuse to pay the Plaintiffs for the financial losses they
have suffered as a result of said willful breach of contract on the Defendants' part.
WHEREFORE, the Plaintiffs demand judgment of the Defendants in the principal
amount of $1,7~I.00, with appropriate interest from ~lanuary 23, 2003, plus the costs of
this action.
Pa. I.D. #06669
304 Union Street
Hollidaysburg, PA 16648
(814) 696-4347
6. That the Defendants are in breach of the aforesaid contract in that they
refused to conclude the sale of the aforesaid premises as per the aforesaid contract of sale.
7. That as a result of the Defendants' breach of the aforesaid contract for sale,
the Plaintiffs have been forced to expend the following sums of money:
A. A payment of $325.00 with Cedi Financial for the costs of an appraisal
and credit report; and
B. The sum of $35.00 to Codi Financial for the costs of rewriting their
mortgage; and
C. The sum of $310.00 for a home inspection fee with Two Beichler and
Tillery, Inc.; and
D. The sum of $74.00 paid to the Storage Depo for the storage of their
furniture while they were forced to obtain temporary lodging with personal friends; and
E. The sum of $1,000.00 paid to Glenview Apartments for the rental of
an apartment for a period of two months while they searched for a new home to purchase.
8. As a result of the Defendants' breach of the aforesaid contract for the sale,
the Plaintiffs have suffered damages as hereinabove set forth, in the total amount of
$1,744.00.
9. That the PlainUffs have requested the Defendants to reimburse them for their
financial loss in the above-captioned matter as a result of their willful breach of the
aforesaid contract.
Further, the Defendants have continued to be in breach of said contract and
have continued to willfully fail and refuse to pay the Plaintiffs for the financial losses they
have suffered as a result of said willful breach of contract on the Defendants' part.
WHEREFORE, the Plaintiffs demand judgment of the Defendants in the principal
amount of $1,744.00, with appropriate interest from January 23, 2003, plus the costs of
this action.
Pa. I.D. #06669
304 Union Street
Hollidaysburg, PA 16648
(814) 696-4347
VER[F~CA'I'~ON
We, Brent Means and .lade Means, husband and wife, hereby verify that the
statements contained in the foregoing Complaint are true and correct to the best of our
knowledge, information and belief. We understand that any false statements made therein
are made subject to the criminal penalties contained in 18 Pa. C.S. § 4904, relating to
unsworn falsification to authorities.
Date:
Brent Means
Broker ~ NOT ~e A~nt for ~ler ~% ~";;"'~ ~GE~ ~ B~' ~ T~ACTION.'LI~SEE
,'0~7..' ,' '.-' ..... '..:;, L..,;' .':. ,' ........ ;/, .., .: ,' 7: :...,,~,:.J' ,,,-', .~
~e~ ~e ~e B~ker ~ ~g~t A r ~Jl~r a~ A~t for BU~F*'B ~er is s ~ ~g~, Afl ~f R~r's I~ a~ a~ ~al A ~n~.~NLE~
n 3, $~.~: ,
nu ut;~' H~ ~'R H JJ~JL'I'f-tN'IS FAX NO
LN~'m ~ ~ ~ ~c~ p~oc ~ ~ czi~fi~ ~ ~y in~e~
OF T~ ~CE {t421
for ~omen~ ~ ~ ~1 ~ da~ ~ ,i~ t~ ~o tor~ ~d~m~o of
,1
NO. 7177639854
P. 04
~8 ~ ~ ~ ~ ~ ~ VA ~ f~ .~ ~ e~ ., % (~ ~ not ~) of ~ ~g~ ~.
p~d on ~at'o~ p~ ~ ~U ~ ~d ~Buy~.Bo~~k'~ b~ res~ f~ ~ ~f~'~h~e~
,Sgler ~ .~i~ ~ a DAYS of ~ bf ~e ~ t~'s ~q~o~, ~ ~ ~ S~ ~ 'm~ ~e ~u~ ~a~ , I
100 d~ ~ ~ ~ VA ~, a ~m ~mt bY ~ F~ H~ ~, Ve~ ~uo~, ~ a D~ ~m
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PA~ NO,
9. W~D ~A~ON ~S~L~ION ~G~N~ { 1~) 175
Sell~ ~ ~ DAYS ~ ~v~ ~ ~ ~a ~.
(D) ~ 5 DAYS ~ ~ ~ ~c~ ~p m~ ~ ~v~ p~l~ ~U~ w~ ~'Bfiyer ~ ~et ~1~ m~, aT
se: ro~ in ~ 2~ of ~s ~ *r.
~ ~II~c~leinotm~c~e~edby~W~p~~e~a, Buy~,~ ~..DAYS, 195
~~fo~,ff~by~.~8~b~,if~yt~Gu~'s~n~'~S~s~i~
~nL ~ S~ d~ Buy~ ~o. to ~. ~ ~, ~u~ ~y, wi~ ~ DAYS ef ~'S
lO. ~ ~S~ ~ ~Z~ ~U~ON a~ NO~CE ~0~ ~R PR~E~
~ NOT.~L~
JU~I-]~-~.:JL'~ THU UI:25 ,~II ?,~ O] CONSULTANTS
F,qX NO, 7177639854 P, 07
~g ~ ~-ba~d ~t ~'or ~ ~'~ I~o~O the con~ of ~ ~n~ s~, ~d o~ n~ ~o~a-
iCI ~uyer'sA~w~t.~uy~r~iv~p~t~drF~y~tni~Ho~d~as~Le~W~mg 2~'
/;
~ W~D. Bu~rund~tBuY~s~htto~cta~k-~m~at~r~cgon~tode~e~n~of
. Buy~, ~ B~y~ 8 e~, ~8~ ~ ob~n a~k ~t ~ot ~On Of ~ ~ tot ~ad-h~
p~nt h~d;. ~ ~ c ~t ~ ~s~on ~ ~ cornered ~ l 0 DAYS of ~ e~on o~. ~t
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~e~ ~ ~ ~c~-~ 0.02 w~ ~el. (4
~ ~Ve ~ ~ ~ ~. ~ ~VC ~ will ~h,~
DAYS ~1~=~ to:
dun-iu-zuu5 '/Hu U(:~'~:' ~tl ?p, Gl CONSULTANTS FAX NO, 7177639854 P, 09
JUt~-i~-Z~U~ THU 07:27 ~ ?~ 6I OON~ULT~NTS
NO, 7177639854 P, 10
dUN-l~<dtJU8 THU UL29 ~rl o~ Gl OONfiULThNT$ FaX NO. 7~77~§894 P, 12
will, ~ ~ DAYS~ S~r'~ t~ei~ of ~ ~, v~ Buy~ of ~e ~ ~ w~ ~r wig m~e ~ lis
of ~h~e ~ '~H ~ ~ ~o~y ~ Buy~ ~ ~a A~nt wUI ~ VO~.
42~ 15. ~TLE, S~Y8 & C~T5 [1~)
(A) ~ ~ i~ ~ ~ ~u ~ ~ and ~ of ~ ~, ~L ~d ~uu, EX~O HO~ ~ foJ~ing: e~g
~) Buy~ ~U ~y for ~ fo lo~g; (1) ~ ~h, rifle ~ ~ ~c~ li~ ~s~, ot f~ [~ ~s~hfion of s~e, ii ~,y;
(2) H~ rosario, ~ ~e ~ ext~ m¢~*. ~ne subsi~ ins~, or leo f~ c~fion of ~.ff ~y; (3) Appr~sul
f~s ~ ~6~ ~d ~ ~ Y~e tO ~age l~, if ~Yl ( ) auy~ a ~ ~m~ ~s~ ~ ac~a.
s~d i~ ~ 1S(~, Buyer wiU ~ t~ opti~ of: (1) ~g ~h fi~ ~ S~ ~ giw ~i~ ~e ~e ~ ~e putc~s* price; o: (2) ~mg
~P~d ~I ~om~s p~ bY Buy~ to S~II~on ac~a~t o~ pu~ p~ md ~lng ~b~ by S~ for.~y ~ in,~ by B~r f~ ~y ~
~Joas or oe~ffi~on~ obit ~ ~ng m ~ ~S ~f ~ A~t, ~d for ~e i~ ~ct~ m ~ga~aph 15(B) i~ (I), (2), (3) ~id
~. ~GC~CA~O~ (1~
~ F~. ~ DAYS of ~ ex~e~ ~ A~m~t, Bu~ ~U v~ ~at ~ ~g a~ of ~ ~o~ as
~" for ...... ~= --, · · ~ '~ .:(" ts~'~t~'u~is~'~d'~r~'~t~
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~ht of p~ ~$t ~bs~ r;~g ~ ~ m~ o~flo~ ~ ~ ~z ~ ~i~ ~ may ~ ~te~d ~ ~ '45d
~ $i~ ~e d~ from gcU~ W~{~ ~ ~ con~ ~ d~d pro~sio=. ~
(A) Post.ion is ~ ~ ~Uv~d by ~, ~ya ~ 4fro
1, Phy~ ~a~s~a ~ ~t ~0~ ~ of ~s, ~i~ ~ s~s ~-cl~, ~t ~y ~d ~ of S¢~ ~IOR 462
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~ of e~u~on of ~s A~cnt . ~
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,.~u,~-t~~:ouo lnU ul;~U .~rl ~'~ Lfl L;UN~ULIFiN[~ FfiX NO, 717FD398B4 P, I3
(?~7) 783-4854
~ NOT ~P/~C~LE
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4~ Bayer lnlUuh= ,/
JUN-l~-ZUU~ 'i'~U U(t3U ~M ?~ Gl OONSULTgNT$
NO, 7177639854 F, 14
KELEASE s~t ~t~h ~ paraLn'ap~ ~ of this Al~ement.
BLtyeF he.by relearn, quit ~ ~ fn~v~ ~ ~LLE~ ~L ~O~ ~ ~SE~-~~Y'
CER oF P~ of ~y ~ ~ ~ a~ ~;~ F~N, ~oor ~O~TION ~ may ~
a~y ~ d~,~ ~d~ I~ b~ no~ ~ ~~ p~ ~ ~ ~ d~~ sas
NO,
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I. ~ ~o~n~ ~p~c~ ~; ~ , - ., ' -
(C~ i~ ~t~ ~o ~t~ ~ ~ ~y B~y~. ind~ ~s~ ~, ~ ~.~ ~,g~s 570
, ~ N~AV~ ~4
~ W~, ~uy~ ~ ~1~ ~ ~ ~y ~ ~ m ~ a~ a ~ ~, ~ a ~spu~ ~. but ~t
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': '-""~ * .,'.... 4~ *'~., C,'.~tu ,,.~ ...... ' .,,'
§05
608
616
619
626
(A) Thefollowing~re~ar~of~hls~.n. greementotf checked:
~-I Sale & Settlement o f Other~,P~operry
Contingency Addendum rPAR Fona SSP)
[] *Sale & Settlement of Other Property Contingency
with Right to Continue Marketing Addendum
IPAR Fom] SSP-CM)
[] Settlement of Other Property ContingeucyAddcodum (PAR Fora! SOP)
Te_q. Ilant-Occupied Property ~ddend~u~? (~P.AR Form TOP)
Buyer and Seller acknowledge r~eei-,~ng a copy of this Agreement at the-time of signing.
NOTICE TO PARTIES: WHEN SIGNED. THIS AGREEMENT IS A BINDING CONTRACT. Return by facsimile transmission {FAX) of ~
Agreement. and all addenda; bearing the signatures of all parties, constitutes acceptance of this Agreement. Parties to this transaction are advised
to consult an ~ttorney before signing ff they desire legal advice.
F3 Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pm Code §35.336.
[] Buyer has received a statement of Buyer's es~mated clesing costs before signing this Agreement. 610
[] Buyer has read and understands the notices and explanatory lnfornmtion set forth in this Agreement. 611
[] Buyer has received a Seller~s Pr~perty Disc~sure Statement bef~re signing thts Agreement~ ~ req~red by l~w (see Inf~rma~an Regnrding
the Real Estate Seller Disclosure Law~, 913
[] Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit money) before s/gning this 914
Agreeman~
WITNESS BIlkER u/ DATE 627
629
ia-.- .
35 [] Seller has received the Consumer Notice as adopted by the State Real Eatate Commi~.,ion at 49 Pa. Code §35.336.
~6 [] SeOer has received a statement of Seller's estimated closing costs before signin~o this Agreemem.
17 [] Seller has read and understands the notices and explanatory ~nforrunfian set forth in this Agreement. 637
WITNESS SF.~LER - DATE 649
Bcoker'S/Eivedsees'Oer~l~:afions.(cheegallflmtavga~plicable):,~ (. ~J~*~' ~' ~ , ,
9go
592
593
597
596
599
ilO0
6O3
604
6O5
6~6
642
644
646
652
6~?
658
660
666
670
[] Regarding ~ Mortgages: The undersigned Licensees iavoNed ia this transaa6on, on behalf of themselves and the~: brokers, cexlLt~y that
the terms of this contract for purchase are true to the best of their knowledge and belief, and that any other agreement entered iato by any of
these parties in comlecfion with this transaction is attached to this AgreemenL
Regarding Mediation: The unde~igned'/~..n~ roker for Seller~Brok~,~ er for Buyer agree to sabn~t to mediation ia accordance with
pasag~aph 28 of this Agreement.
(,..._~.. A/S-IK Page 8 of 8
COPY
u.uod l~usu'~.L pal~iduma aq'l $ .inputs uaWa uo.rl~tt~o.~'~ gu~e.o[[oJ
'olq~ae ~ p~oqs ~od ~n~s~ o~ '(,d~ns~V,,
~Q uope~ ~p~ ol ~s~n~ pmoldmoo ~ ~qns ~q sso0~d
BRENT MEANS and JADE MEANS,: IN THE COURT OF COMMON PLEAS
husband and wife, : CUMBERLAND COUNTY, PENNA.
Plaintiffs,
VS.
: NO. 03-3039 CIVIL TERM
DONALD LYONS and MARY
LYONS, husband and wife,
Defendants.:
CIVIL ACTION - LAW
NOTICE TO PLEAD
TO THE WITHIN NAMED PARTIES:
You are hereby notified to file a written response to the within
PRELIMINARY OBJECTIONS within twenty (20) days of service hereof, or
judgment may be entered against you.
IRA H. WEINSTOCK, P.C.
800 North Second Street
Harrisburg, PA 17102
Phone: 717-238-1657
Dated:
IRA H. WEINSTOCK
BRENT MEANS and JADE MEANS,: IN THE COURT OF COMMON PLEAS
husband and wife, : CUMBERLAND COUNTY, PENNA.
VS.
Plaintiffs,
NO. 03-3039 CIVIL TERM
DONALD LYONS and MARY
LYONS, husband and wife,
Defendants.:
ORDER
: CIVIL ACTION - LAW
AND NOW, this day of ,2003, upon
consideration of the Defendants' Preliminary Objections it is hereby ORDERED
and DECREED that Plaintiffs' Complaint in the above-captioned matter is
dismissed in light of the existence of an agreement between the parties for
Alternative Dispute Resolution and Plaintiffs' failure to conform to the roles of this
court.
BY THECOURT:
BRENT MEANS and JADE MEANS,: IN THE COURT OF COMMON PLEAS
husband and wi~,
VS.
Plaintiffs,
DONALD LYONS and MARY
LYONS, husband and wife,
: CUMBERLAND COUNTY, PENNA.
: NO. 03-3039 CIVIL TERM
: CIVIL ACTION - LAW
Defendants.:
PRELIMINARY OBJECTIONS
Defendants, Donald and Mary Lyons, by their attorneys, IRA H.
WEINSTOCK, P.C., file these Preliminary Objections pursuant to Pa.R.C.P.
1028(a)(6) and 1019(i) asserting the existence of an Agreement for Alternative
Dispute Resolution and the lack of conformity to a rule of this court. In support
thereof, Defendants aver the following:
1. Plaintiffs filed the instant action against Defendants, seeking damages
in regard to an alleged breach of contract claim. A copy of Plaintiffs' Complaint is
attached hereto as Exhibit "A."
2. On November 11, 2002, the parties entered into a Standard Agreement
For The Sale of Real Estate (hereinafter "Agreement for Sale"), governing the
parties' rights and responsibilities with regard to the sale of Defendants' real
property located at 611 Lavina Drive, Mechanicsburg, Pennsylvania. A copy of
the Agreement for Sale is attached hereto as Exhibit "B."
3. The Agreement for Sale at paragraph 28 has a mediation clause under
whose terms the parties agreed that any disputes arising out of the Agreement for
Sale would be submitted to mediation.
4. The claims made by Plaintiffs in this action are subject to the
mediation clause of the Agreement for Sale between the parties.
5. In light of the mediation provision of the Agreement for Sale,
Plaintiffs' Complaint should be dismissed.
6. Further, Plaintiffs Complaint fails to conform to Pa.R.C.P. 1019(i),
which rule requires Plaintiffs to attach to the Complaint the document or material
part thereof upon which the Complaint is based.
7. A complete and legible copy of the Agreement for Sale was not
attached to the Complaint in this action.
8. Also, no written documentation whatsoever was attached to the
Complaint in support of Plaintiffs' alleged damages in this action.
WHEREFORE, Defendants respectfully request that Plaintiffs' Complaint
be dismissed.
Dated:
Respectfully submitted,
IRA H. WEINSTOCK, P.C.
800 North Second Street
Harrisburg, PA 17102
Phone: (717) 238-1657
IRA H. WEINSTOCK
Attorney ID No. 06132
MAGGI~L"WEL~' '
Attomey'I~____~. 88632
Attorneys for the Defendants
VERIFICATION
We, Donald Lyons and Mary Lyons, verify that the statements in the
foregoing PRELIMINARY OBJECTIONS are tree and correct.
We understand that any false statements herein are made subject to the
penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities.
Dated:
(./Z DO~IALD L~0NS
YON{~ - '
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BRENT MEANS and
lADE MEANS, husband and wife, :
Plaintiffs.'
VS. :
DONALD LYONS and :
MARY LYONS, husband and wife, :
Defendants :
CIVIL ACTION
COMPLATNT
BREACH OF CONTRACT
Filed on behalf of:
PLAZN'r~FFS,
BRENT MEANS and JADE MEANS, husband and wife
Counsel of record for this party:
R/CHARD A. CONStGLTO, ESQUTRE
Pa. LD. # 06669
304 Union Street
Hollidaysburg, PA 16648
(814) 696-4347
EXHIBIT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BRENT MEANS and
lADE MEANS, husband and wife, :
Plaintiffs :
VS. :
DONALD LYONS and :
MARY LYONS, husband and wife, :
Defendants :
NO.
CIVIL ACTION
NOTZCE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after the enclosed
document and Notice are served, by entedng a written appearance personally or by
attorney and filing in writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the Court without further notice for
any money daimed in the enclosed document or for any other daim or relief requested by
the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. iF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFZCE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD A LAWYER
MID-PEN LEGAL SERVICES
8 IRVINE ROW
CARLISLE, PA 17013
717-243-9400
800-822-5288
IF YOU DO NOT HAVE A LAWYER
CUMBERLAND COUNTY BAR ASSOCIATIOfl
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
800-990-9108
Pa. I.D. # 06669
304 Union Street
Hollidaysburg, PA 16648
(814) 696-4347
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BRENT MEANS and :
JADE MEANS, husband and wife, :
Plaintiffs :
vs, : No.
DONALD LYONS and :
MARY LYONS, husband and wife, :
Defendants :
CIVIL ACTION
COMPLA:[NT
BREACH OF CONTRACT
AND NOW, comes the Plaintiffs, Brent Means and .lade Means, husband and wife,
by and through their legal counsel, Richard A. Consiglio, Esquire, and files the following
Complaint in civil action:
1. That the Plaintiffs, Brent Means and .lade Means, husband and wife, are adult
individuals residing at 50 Seneca Drive, York Springs, York County, Pennsylvania 17372.
2. That the Defendants, Donald Lyons and Mary Lyons, husband and wife, are
adult individuals whose last known address was 611 Lavina Drive, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
3. That the Defendants entered into a written contract with the Plaintiffs dated
November 11, 2002 for the sale of their residence located at 611 Lavina Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17055, for a consideration of
$157,900.00. (A copy of said contract is attached hereto, made a part hereof, and marked
Plaintiffs' Exhibit "A'~.
4. That the Plaintiffs complied with all the terms and conditions of the aforesaid
sales contract.
5. That despite the compliance of the Plaintiffs' with all the terms and conditions
of the aforesaid sales contract, the Defendants refused to conclude settlement.
Settlement was initially scheduled for .lanuary 10, 2003. However, on
~lanuaty 9, 2003 Defendants and/or their real estate agent informed the Plaintiffs that they
would not close the sale on the aforesaid settlement date, and were no longer interested
in selling said property. As a result thereof, the Plaintiffs' attorney contacted the
Defendants and informed them that the Plaintiff's were prepared to enforce the cont'~ct,
by law suit, if necessary. Apparently as a result thereof, on January 16, 2003 the Plaintiffs
were informed by their real estate agent that the Defendants were once again prepared
to renew the contract; and a new closing/settlement date was scheduled for .lanuary 23,
2003. An addendum to the origi~l~l cQntract was prepared evidencing the aforesaid
settlement date. However, the Defendants f~ed to execute said addendum.
Once again, the Defendants refused to close on the settlement date of
January ~3, 2003. They demanded that the settlement date be changed to ~lanuary 28,
2003. The Plaint~'s der~nded that the settlement date of .lanuary 23, 2003 be complied
with. However, they inl'ormed ~e Defendants that they were prepared to permit the
Defendants to reside in the residence until a future date if the Defendants were prepared
to pay/'ent to the Plaintiffs for their ~cupancy of said residence subsequent to .lanuary 23,
2003. -I
6. That the Defendants are in breach of the aforesaid contract iA ~that they
refused to conclude the sale of the aforesaid premises as per the aforesaid contract of sale.
7. Thattas a result of the Defendants' breach of the aforesaid contract for sale,
the Plaintiffs have be(~n t'orcEa to-expend the following sums of money:
A. A payment of $325.00 with Codi Finandal for the costs of an appraisal
and credit report; and
The sum of $35.00 to Codi Rnandal for the costs of rewriting their
mortgage; and
C.
'Rllery, Inc.; and
D.
The sum of $310.00 for a home inspection fee with Two Beichler and
The sum of $74.00 paid to the Storage Depo for the storage of their
furniture while they were forced to obtain temporary lodging with personal friends; and
E. The sum of $1,000.00 paid to Glenview Apartments for the rental of
an apawb,ent for a pedod of two months while they searched for a new home to purchase.
8. As a result of the Defendants' breach of the aforesaid contract for the sale,
the Plaintiffs have suffered damages as hereinahove set ferth, i~3 the total amount of
$1,7 4.oo.
9. That the Plaintiffs have requested the Defendants to reimburse them for their
financial loss in the above-captioned matter as a result of their willful brach of the
aforesaid contract.
Further, the Defendants have continued to be in breach of said contract and
have continued to N~lfully fail an~ ~efuse to pay t~ Plaintiffs for the financial losses they
have suffered as a result of said .willful breach of contract on the Defendants' part.
WHEREFORE, the Plaintiffs demand judgment of the Defendants in the principal
amount of $1,744.00, with appropriate interest from .]anuary 23, 2003, plus the costs of
this action.
~RJchard A. Consiglio, Esq~l~(
Counsel for Plaintiffs
Pa. I.D. #06669
304 Union Street
Hollidaysburg, PA ].6648
(814) 696*4347
VERIFICATION
We, Brent Means and 3ade Means, husband and wife, hereby verify that the
statements contained in the foregoing Complaint are true and correct to the best of our
knowledge, information and belief. We understand that any false statements made therein
are made subject to the criminal penalties contained in 18 Pa. C.S. § 4904, relating to
unsworn falsification to authorities.
Brent Means
SELLER(S~
.I
and
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/,/_z~c~b~l~Nl~ AGREEMEN I i)OR ~IHE SALE £;i~ REAL ESIAI
~ f/~ '~lx[s form recommended and approved for, but not res~cted to use by, the members of the Pennsylvania Association of REALTORS® (PAR).
BROKER IS THE AtG~N~ FOR SELLER, Designated Agent(s) for Seller, if gpplicable: ~7~"/'nzt/~ ,,,.~_f~-~/t/
OR
Broker is NOT the Agent fo:' Seller and is a/an: [] AGENT FOR BUYER [] TRANSACTION LICENSEE
~ BUYER' S BUSI~ENS$, P~LATI~JS]J}~I~I~TH~aA ~1 .QENSED BROKEI~.~_. 7 ~ ~
BRO~R IS THk AO~ ~ORIBUYER. D~ignated Agent(s~ t;r Buyer, if apdda~e: - 7~ ~' ff~
OR
Broker ~ NOT the Agent for Buyer ~d is gan: ~ AGENT FOR SELLER ~ SUBAGENT FOR SELLER ~ ~NSA~ION LICENSEE
When the same Broker is Agent for Seller and Agent for Buyer, Broker is a Dual Agent. All of Broker's licensees are also Dual Agents UNLESS
there are separate Designated Agents for Buyer and Seller. If the same Licensee is designated for Seller and Buyer, the Licensee is a Dual Agent.
,. :171 qore ¢nt,
dated .// //~
//, ,.,,d / .., .c.,, "S,aer."and
BUYER(S):
, called "Buyer."
2. PROPERTY (1-gfl) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase:
0 ALL THAT CERT. AIN lot or niece ~f wroun~ witJa bull~in~,uad impro~0~ent~ therean erect_ed, if~any, k~ as:
t ? County of ~"~(J'~2[/'/"~g~/'e'~ in the Commonwealth of Pennsylvania, Zip Code
13 Identification (e.g., Tax ID #; Parcel #; Lot, Block; Deed Book, Page, Recording Date)
TE S 0-o2) ' -
which ~vill be pard to Seller by Buyer as follows:
t7 U.S. Dollars 17
lg I. Cash or check at signing this Agreement: $ 19
20 2 Cash or check within __. days of the execution of this Agreement: $ 20
2~ 4. Cash, cashier's or certified check at time of settlement: $ ~-.~3/ pWTYff,?' 22
~4 (B) Deposits paid on account of purchase price to be held by Broker for Seller, unless otherwise stated here: 24
~s (C) Seller's written approval to he on or he. re:. r t:,4 aa
?~ (D) Settlement to be on ~"" ! 0 ~) .~ , or before if Buyer and Seller agree.
#Sn
MORTGAGE CONTINGENCY (1
[] WAIVED. This sa~,e is NOT,contingent on mortgage financing.
v.~ ELECTED
(A)
Amount of mortgage l~an $
This sale is contingent upon Buyer obtgi~g m,o~rt~age financing as follows:
Type of mortg;tge
4. Interest rate ~?*! f]~ [ %; however,Buyer ~-eas to aeeapt the interast rate as may be committed by the mortgage lender, not to
exceed a maximt~m-int~erest rate of //?*~[ %.
5. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage loan (exchiding
any mortgage insurance premiums or VA funding fee) not to exceed % (0% ff not specified) of the mortgage loan.
The interest rate and fees provisions required by Buyer are satisfied if a mortgage lemter makes available to Buyer the right to guarantee an
interest rate at or below the Maximum Interest Rate specified herein with the percentage fees at or below the amount specified heroin. Buyer
gives Seller the right, at Seller's sole option and as permitted by the mortgage lender and applicable laws, to contribute financially, without
promise of reimbursement, to the Buyer and/or the mortgage lender to make the above terms available to Buyer.
(B) W h n //~7 DAYS (10 days if not specified) of the execution of this Agreement Buyer will make a completed written mortgage application
tbr the mortgage terms specified above to a responsible mortgage lender. The Broker for Buyer, if any, otherwise the Broker for Seller, is
authorized to conununicate with the mortgag9 lend,~r for the purposes of assisting in the mortgage loan process.
(C) 1. Mortgage conunitment da~ ! '~//~9 "J,.-- . If a written commiunent is not received by Seller by the above date, Bttyer
and Seller agree to extend the mortgage co~an~itment date until Seller termmatas this Agreement in writing by notice to Buyer.
2. Upon receipt of a mortgage commitment. Buyer will promptly deliver a copy of t~e commitment to Seller.
3. Seller has the option to terminate this Agreement in writing, after the mortgage conmaJtment date if the mortgage commitment:
a. Is not valid until the date of settlement, OR
b. ls conditioned upon the sale and settlement of any other property, OR
c Contains any other condition not specified in this Agreement that is not satisfied and/or removed in writing by the mortgage lender
within 7 DAYS after the mortgage commthnant date in paragraph 6 (C) (11.
4. If this Agreement is ten~inared as specified in paragraphs 6 (C) (11 or (31, or the mortgage loan is not obtained for settlement, all deposit monies
paid on account of purchase price will be returned to Buyer. Buyer will be responsible for any premiums for mechanics' lien insurance and/or
title search, or fee for cancellation of same, if any; AND/OR any premiums for flood insurance, mine subsidence insurance and/or fire insur-
ance with extended coverage, or cancellation fee, if any; AND/OR any appraisal fees and charges paid in advance to the mortgage lender.
(D) If the mortgage lender requires repnirs to the Property, Buyer will, upon recalpt, deliver acapy of the mortgage lender's reqniremants to Seller.
Seller will, within ~ DAYS of receipt of the mortgage lender's requirements, notify Buyer whether Seller will make the reqdi~d repairs
at Seller's expense.
I. If Seller chooses to make the required repairs, Buyer will accept the Property and agree to the RELEASE set forth in paragraph 25 of this
Agreement.
2. If Seller chooses not to make the required repairs, or if Seller fails to respond within the time given, Buyer will, willtin ~ DAYS,
notify Seller in writing of Buyer's choice to terminate this Agreement OR make the required repairs at Buyer's expense and with Seller's
permission, which will not be unreasonably withheld. If Seller denies Buyer perafission to make the required repairs, Buyer may, within
5 DAYS of Seller's denial, terminate this Agreement, in which case all deposit monies paid on account of purchase price will be
returned promptly to Buyer and this Agreement will be VOID.
(E)~ S~r Assist
~E:t--. NOT APPLICABLE
[] APPLICABLE, Seller will pay:
[] $
, maximum, toward Buyer's costs as permitted by the mortgage lender.
60
61
62
6,3
64
65
66
67
66
69
70
72
73
74
75
76
77
79
80
81
92
e3
84
85
66
87
86
B9
90
92
93
94
96
97
98
103
104
FHA/VA, IF APPLICABLE
(F) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the purchase of the
Property described herein or to incur any penalty by forfeiture of eamast money deposits or otherwise unless Buyer has been given, in accor-
dance with HUD/FHA or VA requirements, a written statement by the Federal Housing Commissioner, Veterans Administration, or a Direct
Endorsement Lender setting forth the appraised value of the Property of not less than $ (the dollar amount to be
inserted is the sales price as stated in this Agreement). Buyer will have the pdvilage and option of proceeding with consummation of the con-
tract without regard to the amount of the appraised valuation. The appraised vahiation is arrived at to detemtine the maximum mortgage the
Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. Buyer should
satisfy himself/herself that the price and condition of the Property are acceptable.
Warning: Section 1010 of Title 18, U.S.C, Department of Housing and Urban Development and Federal Housing Administration
Transactions, provides, "Whoever for the purpose of... influencing in any way the action of such Daparanent, makes, passes, utters or pub-
lishes any statement, knowing the same to be false.., shall be fined under this title or imprisoned not more than two years, or both."
(G) U.S. DepartInent of Housing and Urban Developmant (HUD) NOTICE TO PURCHASERS: Bttyer's Acknowledgement
[] Buyer has received the HUD Notice "For Your Protection: Get a Home Inspectkm" (see Notiges and Information on Property Condition
Inspections). Buyer understands the impomarce of getting an independent home inspecOon and has thought about this before signing this
Agreement.
Buyer's Initials Date
(H) Certification ~th~undersign~d~Se~er(s)andBuyer(s)party~thistransacti~neachcerdfythattheterms~fthis~alra~tf~rpurchasease
tree to the best of our knowledge and belief, and that any other agreement entered into by any of these parties in connection with this transac-
tion is attached to this Agreement.
7. INSPECTIONS {1-021
(A) Seller agrees to perrmt inspections by authorized appraisers, reputable certifiers, insurer's representatives, surveyors, municipal officials and/or
Buyer as may be required by the mortgage lender, if any, or insuring agencies. Seller fi~rther agrees to permit any other inspections required by
or provided for in the terms of this Agreement. Buyer has the right to attend all inspections.
41 t (E) If required by law, within 15 DAYS of the execution of this Agreement Seller will order for delivery to Buyer, on or before settlement: It t
417 1. A certificati,on from ttle appropriate municipal department or departments disclosing notice of any uncorrected violations of zoning, hous-
n~3 ins. building, safety or fire ordinances, ~dqD/OR 41:t
414 2. A certificate permitting occupancy of the Property. In the event repairs/hnprovements are required for the issuance of the certificate, Seller at4
4tS w . w h n . 5 DAYS of Seller's receipt of the requirements, notify Buyer of the requirements and whether Seller will make the als
lift required repairs/improvements at Seller's expense. Its
411 If Seller chooses to make the required repairs/improvements, Buyer agrees to accept the Property as repaired and agrees to the EELEASE set 41
at a forth in paragraph 25 of this Agreement. If Seller chooses not to make the required repairs/improvements, Buyer will, within 5 DAYS, 418
4v3 notify Seller in wtittng of Buyer's choice to terminate this Agreement OR make the repairs/improvements at Buyer's expense and with Seller's
425 permission, which will not be unreasonably withheld. If Seller denies Buyer permission to make the required repairs or if Seller fails to respond
4~t within the time given, Buyer may, within ~ DAYS, terminate this Agreement in writing, in which case ail deposit monies paid on account I2t
42~ of purchase price will be returned promptly to Buyer and this Agreement will be VOID.
~23 15. TITLE, SURVEYS & COSTS {1-02) 423
424 (A) ]'he Properiy is to be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing
~t25 deed restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances, easements of roads, easements visible upon 05
~.~r the groun& easements of record, privileges or rights of public service companies, if any; otherwise the title to the above described real estate
42 ? will be good and marketable and such as will be insured by a reputable Title Insurance Company at the regular rates.
4~8 (B) Buyer will pay for the following: (1) Title search, tire insurance and/or mechanics lien insurance, or fee for cancellation of same, if any;
4~5 (2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, or fee for cancellation of same, if any; (3) Appraisal
~t3, fees and charges paid in advance to mortgage lender, if any; (4) Buyer's custommy settlement costs and accruals. 4311
a~ (C) Any survey or surveys which may be required by the Title Insurance Company or tbe abstracting attorney for the preparation of an adequate I~t
43~ legal description of the Property (or the correction thereof) will be secured and paid for by Seller. Any survey or surveys desired by Buyer or
4~3 required by the mortgage lender will be secured and paid for by Buyer. lan
434 (D) la the event Seller is unable to give a good and marketable tide and such as will be insured by a reputable Title Company at the regular rates, as
I3s specified in paragraph 15(A), Buyer will have the option of: (1) taking such title as Seller can give with no change to the purchase price; or (2) being 115
43~ repaid all monies paid by Buyer to Seller on account of purchase price and being reimbursed by Seller for any costs incurred by Buyer for any inspec-
4,3? ttuns or certifications obtained according to the terms of the Agreement. and for those items specified in peaagraph 15(B) items (1), (2), (3) and in Iai
4:~s paragraph 15(C), in which case there will be no further liability or obligation on either of the parties hereto and this Agreement will become VOID. 4311
'~49 16. ZONING CLASSIFICATION (1-02) I3g
4411 Failure of this Agreement to contain the zoning classification (except in cases where the property { and each parcel thereof, if subdividable } is zoned 4111
,tit solely or primarily to perm~t~ingle-famiJy dwellings) y0ill render this Agreement voidable at the option of the Buyer, and, if voided, any deposits
~I~ tendered by the Buyer will/b~]~liht~tbt~-tlleLl~tr~~, w{rhout any requirement for court action. 142
'uti Zoning Classification: /[
443
na~, [] ELECTED. Withinq 15 DAYS of the execution of this Agreement, Buyer will verify that the existing use of the Property as
415 is pennitted. In the event the use is not permitted, Buyer will, within the time 44s
44fi given for verification, notify Seller in writing that the existing use of the Property is not pe~nitted and this Agreement will be VOID, in which
44? case all deposit monies paid on account of purchase price will be returned promptly to Buyer. Buyer's failure to respond within the time la?
1Is given will constitute a WAIVER of this contingency and all other terms of this Agreement remain in full force and effect.
44o 17.. COALNOTICE
4.~0 ~ NOT APPLICABLE
451 [] APPLICABLE 451
45.9 THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE T1TLE TO THE COAL AND PdOHTS OF SUPPORT UNDEKNEATH THE SURFACE LAND 452
453 DESCRIBEU OR REITERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE 'Tale COMPLETE LEGAL mGHT TO REMOVE ALL SUCH COAL AND ,153
~b4 IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE IDIND AND ANY HOUSE, BUILDING OR OTHF2R STRUCTURE ON OR IN SUCH LAND. (This 454
455 notice is set fortb in the manner provided in Section I of the Act of July 17, 1957, P.L. 994.) "Buyer acknowledges that he may not be obtaining the
45~ /sght of protection against subsidence resulting from coal mining operations, and that the property described herein may be protected from damage
,Is? due to mine subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose
458 of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees
4~9 to sign the deed from Seller which deed will contain the aforesaid provision.
afir~ 18. POSSESSION (1-02)
4~1 (A) Possession is to be delivered by deed, keys and:
,~r,5 1. Physical possession to vacant Property free of debris, with all structures broom-clean, at day and time of settlement, AND/OR 4{;2
4~:] 2, Assignment of existing lease(s), together with any security deposits and interest, at time. of settlement, if Property is leased at the
4Ii4 execution of this Agreement or unless otherwise specified herein. Buyer will acknowledge existing lease(s) by initialing said lease(s) at
4~.', time of execution of this Agreement.
4s~ (B) Seller will not enter into any new leases, written extension of existing leases, if any, or additional leases for the Property without the written
451 consent of Buyer
asa 19. RECORflDING (3-8§) This Agreement will not be recorded in the Office for the Recording of Deeds or in any other office or place of public record
l~9 and if Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement. 455}
4 ~l 20. ASSIGNMENT {13-85) This Agreement will be binding upon the parties, their respective heirs, personal representatives, guardians and successors,
att and to the extent assignable, on the assigns of the parties hereto, it being expressly understood, however, that Buyer will not transfer or assign this
~? Agreement without the written consent of Seller.
~ 21. DEPOSIT & RECOVERY FUND (1-02)
a i4 (A) Deposits paid by Buyer within 30 DAYS of settlement will be by cash, cashier's or certified check, Deposits, regardless of the fom~ of
47S payment and the person designated as payee, will be paid in U.S, Dollars to Broker or party identified in paragraph 3(B), who will retain them 4 tS
4 H; in m~ escrow account until consummation or termination of this Agreement in conformity with all applicable laws and regulations. Any uncashed
,tt? cbeck tendered as deposit monies may be held pending the acceptance of this offeL
sgs THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONDOMINIUM OR A PLANNED COMMUNITY.
~iO0 (A) Wi~n 15 DAYS of tile execution of this Agreement, Seller will submit a request to the associatiOn for a C~rtificate of Resale and the doc-
50t umears necessary to enable Seller to comply with the Act, The Act provides that the association is required to provide these documents within
5oz 10 days of Seller's request.
509 (D) In the event the association has the right to buy the Property (right of first refusai), and the association exercises that fight, Seller will reimburse
st 9 Buyer for all monies paid by Buyer on account of purchase price and for any costs incurred by Buyer for: (1) Title search, tide insurance and/or
Sll mechanics lien insurance, or fee for cancellation of same, if any; (2) Flood insurance and/or fire insurance with extended coverage, mine sub-
s~ 2 sidence insurance, or fee for cancellation of same, if any; (3) Appraisal fees and charges paid in advance to morlgage lender, if any,
s~2 appliance, If Seller does not repair, replace or offer a credit for the failed sys~m or appliance, or if Seller fails to notify Buyer of Seller's
523 choice, Buyer will notify Seller in writing within ~ DAYS or before settlement, whichever is sooner, that Buyer will:
sa2 24. WAIVER OF CONTINGENCIES
25. RELEASE(I-02)
Buyer hereby releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES, and any OFFI.
CER or PARTNER of any one of them and any other PERSON, FIRM, or CORPORATION who may be liable by or through them, from
any and all claims, losses or demands, including, but not limited to, personal injuries and property damage and all of the consequences there-
or any defects or conditions on the Property. Should Seller be in default under the terms of this Agreement, this release does not deprive
(B) It is understood that Buyer has inspected the Property before signing this Agreement (including fixtures and any personal property
specifically scheduled herein), or has waived the right to do so, and has agreed to purchase the Property in its present condition unless
27. DEFAULT(l-02)
(B) Unless otherwise checked in paragraph 27 (C), Sellar may elect to retaln those sums pald by Buyar, inchiding deposit monies, ia one of the
86'I 27. SPE'CIAL CLAUSES (1-02)
(A) The following are part of thls Agceement if checked:
[3 Sale & Settlement of Other Property
Contingency Addendum (PAR Form SSP)
[] Sale & Setdement of Other Property Contingency
with Right to Continue Marketing Addendum
(PAR Fom~ SSP-CM)
594 (B)
5§5
[] Settlement of Other Property Contingency Addendum (PAR Form SOP)
Tjl~n_ t-~¢cupie,d Prope~3~' Ad~l~nd31mXp~R Forlm TOP)
6n3 Buyer and Seller acknowledge receiving a copy of this Agreement at the time of signing.
6114
666 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Retarn by inesimile transmission (FAX) of tiffs
696 Agreement, and all addenda, bearlng the signatures of all parties, constitutes acceptance of this Agreement. Parties to this transaction are odvi~l
to consult an attorney before signing if they desire legal advice.
609 [] Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336.
613 [] Buyer has received a statement of Buyer's estimated closing costs before signing this Agreement.
5t~ [] Buyer has read and understands the notices and explanatury information set forth in this Agreement.
619 [] Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law (see Information Regarding
613 the Real Estate Seller Disclosure Law).
514 ~ Buyer has received the Deposit Money NoBce (for cooperative sales When Broker for Seller is holding tieposit money) before signing this
618 Agreement.
61'I BUYER'S MAILING ADDRESS:
624
626
62;' WITNESS
636 Seller bereby approves the above contract this (date)
BUYER DATE
S~
-D?~ve~tO h_0 r-'- //, o2o~ ~
§3~ and in consideration of the services rendered in procuring the Buyer, Seller agrees to pay the named Broker for Seller a fee of
632 of/from the herein s~cified sale price, h~ the event Buyer defaults hereunder, any monies paid on account will be divided
633 Seller, . ~ U Broker for Seller, but in no event will the sum paid to the Broker for Seller exceed the above specified Broker's fee'.
695 [] Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336.
68~ [3 Seller has received a statement of Seller's estimated dosing costs before signing this Agreement.
63;' [] Seller has read and understands the notices and explanatory information set forth in this Agr~ment.
s3~SELLER'SM~ULIN~ORESS: ~l/ Z~.l.,~ ;~,,~- ro~L f~ I~orl~-
DATE
DATE
DATE
SELLER'
WITNE
WITNE
SELLER
S~_
66~ Broker's/Liceltsees' Certifications (eheck all that are applicable):
833 [] Regarding Lead-Based Paint Hazards Disclosure: Required if Property wes butt before 1978: The undersigned Licensees involved in
~.~. ~.?e:,on, o. beh~f oyth~¢!w~ ..d the~ ~rs, o~fy that the~ st~e.~nt~ ~ ~ to ** bes~ of*e~ ~.o~l~d~..nd ~e~ef.
625
626
627
628
629
630
631
832
'633
634
635
636
635
639
640
641
642
643
644
643
646
547
567
589
590
591
593
594
595
596
597
598
599
600
651
603
604
6O5
606
6117
609
610
612
613
614
615
615
6T8
619
620
62t
622
548
649
650
651
652
553
· 654
~.~DDENDUM TO AGREEMENT OF SALE
lACK
This Addendum shall be attachexl to and made a pan of Agreement of Sale dated
between thc parties herein.
, Pennsylvania,
IT IS AGREED AS FOLLOWS:
Rev. 12/99
(BuYer'~ -- ' ¢ Diti:.:,':' ~'",'
(Buyer) ] Date:
ADDENDUM TO AGREEMENT OF SALE
lACK
DATE OF SALES AGREEMENT:
RE: PROPERTY:
SELLER(S):. ~ ,.',',.;
The following statements, indicated by a check mark or "X" are incorporated as a part of the above referenced
Agreement of Sale.
~ The undersigned hereby authorizes the TERMINAL DATE FOR OBTAINING MORTGAGE
COMMITMENT to be extended from
to
The undersigned hereby authorizes the PRINCIPAL AMOUNT OF THE MORTGAGE TO BE
OBTAINED to be changed from
$ to $
The undersigned hereby authorizes the extension of the SETTLEMENT DATE FROM
The undersigned hereby authorizes the FOLLOWING CHANGE/ADDITION:
.', '~ !/;~. . , p, ... . ,,:,,.-:...,,..-... .
..¢.., ,".,, (,'.~ /'
>' Date:
Seller ' D~te:
Buyer Date:
Buyer Date:
Rev, 10/99
FOR OFFICE USE ONLY
MLS#
Agent ID#
AGREEMENT OF SALE RELEASE
Property: 611 Lavina Drive, Mechanicsburg, PA
Broker: Jack Gaughen Real Estate
Seller: Don and Mary Lyons
Buyer: Brent and Jade Means
Date of Agreement: 11-11-02 Settlement Date: 1-10-03
Sale Price: $157,900.00
Deposit Money Paid on Account of Purchase Price: $2,500.00
Distribution of Deposit Money on Account: $-0- to Seller
$2,500.00 to Buyer
Buyer and Seller entered into an Agreement of Sale to purchase the property identified above.
Buyer and Seller release and forever discharge each other, all brokers and their licensees, heirs,
executors, administrators, and successors, from any and all obligations that are set forth in the
Agreement of Sale. The deposit money paid on account of the purchase price will be distributed
as set forth above.
Buyer .~an_~ Seller intend to be legally bound by this Agreement of Sale Release as of the date next
to their signatu~. ,
CERTIFICATE OF SERVICE
AND NOW, this 24th day of July, 2003, I, Ira H. Weinstock, Esquire,
attorney for Defendants, hereby certify that I served the within PRELIMINARY
OBJECTIONS this day by depositing the same in the United States mail, postage
prepaid, in the post office at Harrisburg, Pennsylvania, addressed to:
By First Class Mail:
Richard A. Consiglio, Esquire
304 Union Street
Hollidaysburg, PA 16648
IRA H. WEINSTOCK
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-03039 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MEANS BRENT ET AL
VS
LYONS DONALD ET AL
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
LYONS DONALD
DEFENDANT , at 2015:00 HOURS, on the
at 611 LAVINA DRIVE
MECHANICSBURG, PA 17055
JASON LYONS, SON
a true and attested copy of COMPLAINT & NOTICE
was served upon
9th day of July
the
, 2003
by handing to
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.28
Affidavit .00
Surcharge 10.00
.00
36.28
Sworn and Subscribed to before
me this /~, ~ day of
~&~23 A.D.
' 'Prothonotary
So Answers:
R. Thomas Kline
07/10/2003
RATCHFORD & CONSIGLIO
By: ~Deput~?S h~e~i~
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-03039 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MEANS BRENT ET AL
VS
LYONS DONALD ET AL
DAVID MCKINNEY ,
Cumberland County,Pennsylvania,
says, the within COMPLAINT & NOTICE was served upon
LYONS MARY
DEFENDANT , at 2015:00 HOURS, on the 9th day of July
at 611 LAVINA DRIVE
MECHAiqICSBURG, PA 17055 by handing to
JASON LYONS, SON
a true and attested copy of COMPLAINT & NOTICE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
the
, 2003
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this /L'~J- day of
~,~ ~3~ A.D.
thonotary' ' -
So Answers:
R. Thomas Kline
07/10/2003
~TCHFORD & CONSIGLIO
Deputy Sheriff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BRENT MEANS and :
.lADE MEANS, husband and wife, :
Plaintiffs :
VS.
DONALD LYONS and :
MARY LYONS, husband and wife, :
Defendants :
NO. O3 -.~20_~
CIVIL ACTION
PLA~'NTt'FFS' ANSWER TO
DEFENDANTS' PRELt'Mt'NARY OBJECTIONS
Filed on behalf of:
PLAZNTTFFS,
BRENT f4EANS and JADE IqEANS, husband and wife
Counsel of record for this party:
RZCHARD A. CONSIGLIO, ESQUIRE
Pa. I.D. # 06669
304 Union Street
Hollidaysburg, PA 16648
(814) 696-4347
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BRENT MEANS and :
lADE MEANS, husband and wife, :
Plaintiffs :
VS. :
DONALD LYONS and :
MARY LYONS, husband and wife, :
Defendants :
No. 03-3039 Civil Term
CIVIL ACllON - LAW
PLAt'NTt'FFS' ANSWER TO
DEFENDANTS' PRELZMINARY OB3ECTt'ONS
AND NOW, comes the Plaintiffs, Brent Means and ]ade Means, husband and wife,
by their legal counsel, Richard A. Consiglio, Esquire, and files the following Answer to
Defendants' Preliminary Objections to their Complaint in the above-captioned matter:
1-3. Admitted.
4-5. It is denied that the claims made by the Plaintiffs in this action are subject
to the aforesaid mediation clause of the Agreement of Sale between the parties. The
claims made by the Plaintiffs in this action do not involve the terms of the Sales
Agreement. Rather, they involve damages that result from the failure of the Defendants
to fulfill the contract by concluding and/or settling the sale of the premises that was the
subject of said contract. The mediation referred to in Paragraph No. 28 of the Sales
contract applies only to disputes that involve the terms of the contract itself.
Further, said clause states that the buyer and seller will try to resolve any
dispute that may arise from the agreement through mediation. In this matter the Plaintiffs
contacted the Defendants in an effort to resolve their claims prior to filing the instant
Complaint. The Defendants refused to discuss the matter with the Plaintiffs. Further, the
De~enclants never suggested any type of mediation. Therefore, the Plaintiffs believe, and
therefore aver, that any attempt to resolve their claims by mediation would be fruitless.
The parties need not engage in any procedure that would be of no avail. Therefore, it is
denied that the Plaintiffs' Complaint ought to be dismissed.
6-7. It is denied that the Plaintiffs' Complaint fails to conform to Pa. R.C.P. 1019
(I), or that a complete and legible copy of the Agreement of Sale was not attached to the
Complaint in this action. On the contrary, a complete and legible copy of the Agreement
of Sale was, in fact, attached to the Complaint in this action. Further, a copy of said
contract was specifically attached to the instant Preliminary Objections, evidencing the fact
the Defendants have said copy.
8. It is denied that written documentation supporting Plaintiffs' damages is
required by the Pa. Rules of Civil Procedure. On the contrary, any such documentation
would be presented to the trier of fact. Prior to presenting the same at any tdal in this
matter, the same would also be the subject of discovery. The same is not appropriate
subject matter for Preliminary Objections.
WHEREFORE, the Plaintiffs respectfully request this Honorable Court to deny and
dismiss Defendants' Preliminary Objections in this matter, as being dilatory and filed solely
for the purpose of delay.
Respectfully submitted,
Counsel for Plaintiffs
Pa. I.D. #06669
304 Union Street
Hollidaysburg, PA 16648
(814) 696-4347
VERI'FICA'I'ION
I, Richard A. Consiglio, Esquire, attorney for Brent Means and .lade Means, husband
and wife, hereby verify that the statements contained in the foregoing Plaintiffs' Answer
to Defendants' Preliminary Objections are true and correct to the best of my knowledge,
information and belief. ! understand that any false statements made therein are subject
to the criminal penalties contained in 18 Pa. C.$.A. § 4904, relating to unsworn falsification
to authorities.
ic ar . conSig lo, i~u~i'~~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BRENT MEANS and :
.lADE MEANS, husband and wife, :
Plaintiffs :
VS. :
DONALD LYONS and :
MARY LYONS, husband and wife, :
Defendants :
No. 03-3039 Civil Term
CIVIL ACTION - LAW
CERTIFICATE OF MAILING
NOW, this /'~' day of August, 2003, I, RICHARD A. CONSIGLIO, ESQUIRE,
hereby certify that I have sewed a copy of Plaintiffs' Answer to Defendants' Preliminary
Objections in the above-captioned matter, via first class U.S. Mail, postage prepaid and
addressed to:
Ira Weinstock, P.C.
Attorney for Defendants
Suite 100
800 North Second Street
Harrisburg, PA 17102
Pa I.D. #06669
304 Union Street
Hollidaysburg, PA 16648
(814) 696-4347
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and su~nitte~ in dupl/cate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please ]ist the with/n matter for the next Ar~3t~nent Court.
CAPTION OF CASE
(entire caption must be stated in fu]_l)
Brent Means and Jade Means
(husband and wife)
Donald Lyons and Mary Lyons
(husband and wife)
( PI aintiff )
( Defendant )
No. _03-3039 CivJ-l~erm
~L~ 2003
State matter to be argued (i.e., plaintiff,s motion for new trfal, defendant,s
d~nu~z~r to ccmplaint, etc.):
Preliminary Objections
Identifycounselwho~ll arc3uecase:
(a) for plaintiff:Richard A. Consiglio
Address: 304 Union Street
Hollidaysburg, PA 16648
(b) for defendant: Maggi E. Colwell
Address:800 North Second St.
Harrisburg, PA 17102
I w~l ] notify all parties in writing within two days that this case has
been listed for ar~3t~nt'
4. Ar~j~ent Court Date:
08/29/03
Maggi E. Colwell, Esq.
IRA H. WEINS~QCK, P.C. ~-~
800 N. Second~.
Attorney for De~ndants
BRENT MEANS and
JADE MEANS, husband and wife,
PLAINTIFFS
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
DONALD LYONS and
MARY LYONS, husband and wife,
DEFENDANTS
· 03-3039 CIVIL TERM
'BEFORE BAYLEY, J. AND HESS, J.
ORDER OFCOURT
AND NOW, this
day of November, 2003, the preliminary
objection of defendants to plaintiffs compla nt, ARE DISMISSED.
~chard A. Consiglio, Esquire
For Plaintiffs
~l~aggi E. Colwell Esquire
For Defendants
:sal
By the Co
Edgar B. Bayley,
~ As to the preliminary objection that maintains that the written agreement to
mediate, which plaintiffs have not done, requires that the complaint be stricken, it
is immaterial if, as defendants maintain, the dispute does not fall within the
purview of the parties' contract (Sales Agreement). In contrast to the law
regarding agreements to arbitrate, an agreement to mediate does not preclude a
party from proceeding with litigation· Witmer v. Century 21 Piscioneri Realty,
Inc., 44 Cumberland L.J. 499 (1995). As set forth in Witmer, "Defendant can in
fact seek mediation under the written contract in an effort to bring the parties to
an agreement. Such mediation can proceed concurrently with this litigation."
BRENT MEANS and JADE MEANS,: IN THE COURT OF COMMON PLEAS
husband and wife, : CUMBERLAND COUNTY, PENNA.
Plaintiffs,:
: NO. 03-3039 CIVIL TERM
VS.
DONALD LYONS and MARY
LYONS, husband and wife,
· CIVIL ACTION - LAW
Defendants.:
NOTICE TO PLEAD
TO THE WITHIN NAMED PARTIES:
You are hereby notified to file a written response to the within NEW
MATTER within twenty (20) days of service hereof, or judgment may be entered
against you.
Dated:
IRA }I. WEINSTOCK, P.C.
800 North Second Street
Harrisburg, PA 17102
Phone: 717-238-1657
BRENT MEANS and JADE MEANS,: 1N THE COURT OF COMMON PLEAS
husband and wife, : CUMBERLAND COUNTY, PENNA.
Plaintiffs,
VS.
DONALD LYONS and MARY
LYONS, husband and wife,
NO. 03-3039 CIVIL TERM
: CIVIL ACTION - LAW
Defendants.:
DEFENDANTS' ANSWER WITIt NEW MATTER
AND NOW, Defendants, Donald and Mary Lyons, by and through their
attorneys, IRA H. WEINSTOCK, P.C., file this Answer to Plaintiffs' Complaint,
averring as follows:
1. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth or falsity of the averment
contained in Paragraph 1 of the Complaint and, therefore, deny the allegations
thereof. Strict proof will be demanded at time of trial, if the same be material.
2. Admitted.
3. Admitted.
4. Denied. On the contrary, Plaintiffs have failed to comply with all of
the terms and conditions of the Agreement of Sale in that Plaintiffs did not
conclude the Agreement of Sale.
5. Denied as stated. Defendants admit that settlement was initially
scheduled for January 10, 2003, but deny the remaining allegations of Paragraph 5.
Defendants aver, on the contrary, that Defendants executed an addendum to the
original contract, which addendum attempted to accommodate all parties
concerned by extending the settlement date from January 10, 2003 to on or before
January 28, 2003. A tree and accurate copy of the addendum is attached hereto as
Exhibit "A" Defendants did not refuse to conclude the sale of their residence and
remained willing to accommodate the sellers in all respects.
6. The allegations of Paragraph 6 of the Complaint are legal conclusions
to which no response is necessary. To the extent an answer may be appropriate,
the allegations are denied. Defendants aver, to the contrary, that Defendants did
not breach the contract and did not refuse to conclude the sale of their residence.
7. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth or falsity of the averment
contained in Paragraph 7 of the Complaint and, therefore, deny the allegations
thereof. Strict proof will be demanded at time of trial, if the same be material.
8. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth or falsity of the averment
contained in Paragraph 8 of the Complaint and, therefore, deny the allegations
thereof. Strict proof will be demanded at time of trial, if the same be material.
9. The allegations of Paragraph 9 of the Complaintare legal conclusions
to which no response is necessary. To the extent an answer may be appropriate,
the allegations are denied. Defendants aver, to the contrary, Defendants are not in
breach of the Contract in that Defendants did not refuse to conclude the sale of
their residence.
NEW MATTER
In further answer to Plaintiffs' complaint, Defendants aver the following
New Matter:
10. On or about January 26, 2003, Defendants, for valuable consideration,
duly executed and delivered to Plaintiffs a general release in writing. Plaintiffs
executed this release on or about February 6, 2003. Upon execution of the release,
the parties agreed to release and forever discharge each other from any and all
obligations set forth in the Agreement of Sale including the alleged cause of action
set forth in Plaintiffs' complaint. A true and co~Tect copy of the Release is
attached hereto as Exhibit "B" and incorporated herein by reference.
WHEREFORE, Defendants respectfully request that this Honorable Court
dismiss Plaintiffs' complaint in its entirety.
_VERIFICATION
We, Donald Lyons and Mary Lyons, verify that the statements in the
foregoing ANSWER and NEW MATTER are true and correct.
We understand that any false statements herein are made subject to the
penalties of 18 Pa.C.S. § 4904 relating to unswom falsifications to authorities.
I~LYONS
MARY~YO~
ADDENDUM TO AGREEMENT OF SALE
pACK
DATE OF SALES AGREEMENT:
RE: PROPERTY: .,, ,. ~
SELLER(S):, ~ , .; f/;;
The following statements, indicated by a check mark or "X" are incorporated as a part of the above referenced
Agreement of Sale.
D The undersigned hereby authorizes the TERMINAL DATE FOR OBTAINING MORTGAGE
COMMITMENT to be extended from
to
D
The undersigned hereby authorizes the pRINCIPAL AMOUNT OF THE MORTGAGE TO BE
OBTAINED to be changed from
$ to $
Th9
undersigned hereby authorizes the extension.0f the SETTLEMENT DATE FROM
}/~'z;..:,~ ~// ./,~. ('x,~.P to.. ;:.~ l/~-/t.(t.; .~,~0 ,..S~'d~"; 6"?~. ~,~
The
undersized hereby authorizes the FOLLO~G C~G~DITION:
Seller Date:
Buyer Date:
Buyer
FOR OFFICE USE ONLY
MLS#
Date:
Agent ID#
'1
EXHIBIT
AGREEMENT OF SALE RELEASE
Property: 611 Lavina Drive, Mechanicsburg, PA
Broker: Jack Gaughen Real Estate
Seller: Don and Mary Lyons
Buyer: Brent and Jade Means
Date of Agreement: 11-11-02
Settlement Date:
1-10-03
Sale Price:
$157,900.00
Deposit Money Paid on Account of Purchase Price: $2,500.00
Distribution of Deposit Money on Account: $-0- to Seller
$2,500.00 to Buyer
Buyer and Seller emered into an Agreement of Sale to purchase the property identified above.
Buyer and Seller release 'and forever discharge each other, all brokers and their licensees, heirs,
e~ecUtors, administrators, and successors, from any and all obligations that are set forth in the
Agreement of Sale. The deposit money paid on account of the purchase price will be distributed
as set forth above.
Buyer gn_.d Seller intend to
tO their signa~r~.
ie legally bound by this Agreement of Sale Release as of the date next
EXHIBIT
CERTIFICATE OF SERVICE
AND NOW, this 21st day of November, 2003, I, Maggi E. Colwell,
Esquire, attorney for Plaintiffs, hereby certify that I served the within ANSWER
WITH NEW MATTER this day by depositing the same in the United States mail,
postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to:
By First Class Mail:
Richard A. Consiglio, Esquire
304 Union Street
Hollidaysburg, PA 16648
BRENT MEANS and JADE MEANS,: IN THE COURT OF COMMON PLEAS
husband and wife, : CUMBERLAND COUNTY, PENNA.
VS.
Plaintiffs,
NO. 03-3039 CIVIL TERM
DONALD LYONS and MARY
LYONS, husband and wife,
Defendants.: CIVIL ACTION - LAW
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Maggi E. Colwell, Esquire, counsel for the Defendants in the above action,
respectfully represents that:
1. The above-captioned action is at issue.
2. The claim of the Plaintiffs in the action is $1,744.00
The following attorneys are interested in the case as counsel or are otherwise
disqualified to sit as arbitrators: None.
WHEREFORE, your Petitioner prays your Honorable Court to appoint three
(3) arbitrators to whom the case shall be submitted.
Dated:
Respectfully submitted,
IRA H. WEINSTOCK, P.C.
800 North 2nd Street
Harrisburg, PA 17102
Phone: 717/238-1657
By: ' ,i iVI'4(~.,E(-GOLwELL
Attbr~I.D. No. 88632
CERTIFICATE OF SERVICE
AND NOW, this day of December, 2000, I, Maggi E. Colwell,
Esquire, attorney for Defendants, Donald Lyons and Mary Lyons, hereby certify
that I served the within PETITION FOR APPOINTMENT OF ARBITRA-
TORS this day by depositing the same in the United States mail, postage prepaid,
in the post office at Harrisburg, Pennsylvania, addressed to:
By First Class Mail:
Richard A. Consiglio, Esquire
304 Union Street
Hollidaysburg, PA 16148
BRENT MEANS and JADE MEANS,: IN THE COURT OF COMMON PLEAS
husband and wife, : CUMBERLAND COUNTY, PENNA.
Plaintiffs,
: NO. 03-3039 CIVIL TERM
VS.
DONALD LYONS and MARY :
LYONS, husband and wife, :
Defendants.: CIVIL ACITON - LAW
ORDER OF COURT
AND NOW, ~3 , 20 o3, in consideration of the foregoing
petition,~./__ /9 ~~-~ , Esq., t/~..~ ~.~ , Esq.,
and /,,.9.,4x ~ ~~, Esq., are appointed ~bi~ators in the above-
captioned action as prayed for.
P.J,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BRENT MEANS and
JADE MEANS, husband and wife,
Plaintiffs
VS.
No. 03-3039 Civil
DONALD LYONS and
MARY LYONS, husband and wife,
Defendants
CIVIL ACTION
PLAINTIFFS' REPLY TO DEFENDANTS' ANSWER
AND ANSWER TO DEFENDANTS' NEW MATTER
Filed on behalf off
PLAINTIFFS,
BRENT MEANS and JADE MEANS, husband and wife
Counsel of record for this party:
RICHARD A. CONS1GLIO, ESQUIRE
Pa. I.D. # 06669
304 Union Street
Hollidaysburg, PA 16648
(814) 696-4347
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BRENT MEANS and
JADE MEANS, husband and wife,
Plaintiffs
VS.
DONALD LYONS and
MARY LYONS, husband and wife,
Defendants
No. 03-3039 Civil
CIVIL ACTION
PLAINTIFFS' REPLY TO DEFENDANTS' ANSWER
AND ANSWER TO DEFENDANTS' NEW MATTER
AND NOW, comes the Plaintiffs, Brent Means and Jade Means, husband and wife,
by and through their legal counsel, Richard A. Consiglio, Esquire, and files the following
Reply to Defendants' Answer and Answer to Defendants' New Matter in the above-
captioned action:
REPLY TO DEFENDANTS' ANSWER
Plaintiffs' incorporate herein the averments contained within their Complaint.
1-3. Require no reply.
4. Denied that the Plaintiffs did not conclude the agreement of sale. On the
contrary, it was the Defendants who failed to conclude the agreement of sale.
5. Denied that the Defendants did not refuse to conclude the sale of the residence
and remained willing to accommodate the Plaintiffs in all respect. On the contrary, the
Defendants breached the contract on or about July 9, 2003 indicating that they were no longer
interested in selling the property. No new contract was ever entered into between the parties;
nor was any addendum to the original contract ever executed by all the parties.
The Plaintiffs attempted to renegotiate a new contract. However, the parties
failed to arrive at any terms relative to a new contract.
The Plaintiffs were infom~ed, and therefore believed, that the parties would be
able to arrive at an agreement for a closing/settlement date of January 23, 2003. However,
the Defendants refused to execute any agreement and/or addendum.
Three days before the proposed agreement to close on January 23, 2003, the
Defendants unilaterally executed an addendum purporting to extend the settlement date from
January 10, 2003 to January 28, 2003. Despite executing said addendum the Defendants
refused to relinquish occupancy of the residence. The Plaintiffs were prepared to permit the
Defendants to reside in the subject residence until a future date if they, the Defendants, were
prepared to pay rent to the Plaintiffs for their occupancy of the residence subsequent to
January 23, 2003. The Defendants rejected that offer and no new contract or addendum was
ever executed.
No agreement was arrived at between the parties subsequent to the Defendants'
breach of the contract on January 9, 2003.
6. The allegation of Paragraph No. 6 requires no further reply beyond the
averments contained in Paragraph No. 6 of Plaintiffs' Complaint.
7-9. Requires no reply.
WHEREFORE, the Plaintiffs demand judgment of the Defendants in the principal
amount of $1,744.00, with appropriate interest from January 23, 2003, plus the costs of this
action.
ANSWER TO DF~FENDANT'S NEW MATTER
That Paragraphs Nos. 1 through 16 of the aforesaid Reply, as well as the averments
contained in Plaintiffs' Complaint, are incorporated herein and made a part hereof.
10. It is admitted that on or about January 26, 2003 the Defendants executed an
Agreement of Sale Release. Further it is admitted that the Plaintiffs executed said Release
on or about February 6, 2003. Further it is admitted that said Agreement of Sale Release
released the parties from any and all obligations set forth in the Agreement of Sale.
However, it is denied that said Release included the cause of action set forth in Plaintiffs'
Complaint.
On the contrary, said Release only released the parties from obligations that
were set forth in the Agreement of Sale. None of the damages set forth in Plaintiffs'
Complaint involve obligations set forth in the Agreement of Sale. Said claims involve
damages that the Plaintiffs sustained outside the terms of the Agreement of Sale, but which
resulted from the Defendants' breach of said Agreement of Sale.
By way of further answer, the Plaintiffs were asked to execute an Agreement
of Sale Release, a copy of which is attached hereto and marked Plaintiffs' Exhibit "B".
Review of the attached exhibit clearly shows that the Plaintiffs were asked to execute a
Release that would discharge all of the parties from any and all obligations that are set forth
in the Agreement of Sale as well as claims that arise from or relate to the Agxeement of Sale.
The Plaintiffs deliberately removed that latter language from the Release that they executed.
Their claims are related to, and resulted from the breach of the Agreement of Sale but are
not obligations set forth in the Agreement of Sale. As such, the Plaintiffs aver that their
execution of the Agreement of Sale Release attached Defendants' New Matter and marked
Exhibit "B" does not constitute a general release; nor does it release the Defendants from the
cause of action set forth in Plaintiffs' Complaint.
WHEREFORE, the Plaintiffs demand judgment of the Defendants in the principal
sum of $1,744.00, with appropriate interest from January 23, 2003 plus the costs of this
action.
Richard A. Consiglio, ES~
Counsel for Plaintiffs
Pa. I.D. #06669
304 Union Street
Hollidaysburg, PA 16648
(814) 696-4347
VERIFICATION
I, Richard A. Consiglio, Esquire, attorney for Brent Means and Jade Means, husband
and wife, hereby verify that the statements contained in the foregoing are true and correct
to the best of my knowledge, information and belief. 1 understand that any false statements
made therein are subject to the criminal penalties contained in 18 Pa. C.S.A. § 4904, relating
to unsworn falsification to authorities.
Dated: December ~ , 2003.
Richard A. Consiglio, Es~uir~
OATH
In The Court of Co.on Pleas of
Cumberland County, Pennsylvania
lde do solely swear (or affirm) =hac we will support, obe~d defend
We, the undersigned arbi:rators, having been duly appointed and sworn
(or affirmed), make The folio%tins award:
(Note: If d~.~Ees for dela? are awarded, They shall be
separately stated.)
Date of Award:
· Arbitra /~ssen%tor~/di e if
NOTIC~ OF ENTRY OF AWARD
Now, the/3 day of q~w.~ , ~o~', at II.L~,,~-...li., the above
award was entered upon ~he docke~ ~nd moCice ~hereof ~iven by ~ to ~he
Arbitrators' comp. ensation to be
paid upon appeal:
9e.Du~'y /
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BRENT MEANS and
JADE MEANS, husband and wife,
Plaintiffs
VS.
DONALD LYONS and :
MARY LYONS, husband and wife, :
Defendants :
No. 03-3039 Civil
CIVIL ACTION
PRAECIPE FOR SATISFACTION AND DISCONTINUANCE
Filed on behalf of:
Plaintiffs, BRENT MEANS and JADE MEANS, husband and wife
Counsel of record for this party:
RICHARD A. CONSIGLIO, ESQUIRE
Pa. I.D. # 06669
304 Union Street
Hollidaysburg, PA 16648
(814) 696-4347
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BRENT MEANS and :
JADE MEANS, husband and wife, :
Plaintiffs :
VS.
DONALD LYONS and :
MARY LYONS, husband and wife, :
Defendants :
No. 03-3039 Civil
CIVIL ACTION
PRAECIPE FOR SATISFACTI[ON
AND DISCONTINUANCE
TO THE PROTHONOTARY:
The above-captioned action having been satisfied and settled between the parties to their
satisfaction, the Attorney for the Plaintiffs requests that the matter be discontinued of record.
· ard A. Consiglio, Esq. ~/
Atty. for Plaintiffs
Pa. I.D.# 06669
304 Union Street
Hollidaysburg, PA 16648
Dated: