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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
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- q)?-`EQUITY TERM
CIVIL ACTION - EQUITY
NOTICE 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 this complaint, order 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 money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
Americans with Disabilities
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing
4
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
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.99-y119EQU1TY TERM
CIVIL ACTION - EQUITY
COMPLAINT IN EQUITY
AND NOW, this d day of July 1999, comes the plaintiffs, DONALD E. ADAMS and
CATHY A. ADAMS, his wife, by their attorneys, Irwin, McKnight & Hughes, and makes the
following Complaint against the defendants, MARY LOUISE RAMSAY WOLF, RICHARD
W. RAMSAY, LARRY M. RAMSAY MARGHERITA R RAMSAY, LYNN ANN WHITE
and W. R. RAMSAY PROPERTY AND RENTALS as follows:
1.
The plaintiffs are Donald E. Adams and Cathy A. Adams, his wife, who are adult
individuals residing at 2470 Enola Road, Carlisle, Pennsylvania 17013.
The defendants are adult individuals being Richard W. Ramsay who resides at 3610
Logan Street, P. O. Box 100, New Cumberland, Cumberland 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 Shawnee Road, Ardmore, Pennsylvania 19003-1619; Lynn
Ann White who resides at Light House Point, Palm City, Florida 34990-4200, and Margherita R.
Ramsay t/d/b/a W. R. Ramsay Property and Rentals.
3.
On or about October 23, 1996, the Defendants placed their real estate for sale on the real
estate market. The property was located at 107 Old York Road, New Cumberland, Fairview
Township, York County, Pennsylvania. A copy of the Listing Agreement is marked as Exhibit
"A" and is attached hereto and made a part of this Complaint.
4.
On March 4, 1997, an agent for Jack Gaughen Real Estate, located in Cumberland
County, Pennsylvania, contacted the plaintiffs, Donald E. Adams and Cathy A. Adams, regarding
the purchase of the property owned by the defendants.
5.
On May 7, 1997, the plaintiffs made a formal written offer to the defendants for the
purchase of the real estate consisting of 65 mobile home pads and 41 apartments for the sum 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 this Complaint.
1)
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 no/100 ($2.000,000.00)
Dollars. On July 14, 1997 the defendants, in a letter signed by Richard W. Ramsay, accepted the
offer of the plaintiffs to purchase said real estate for the sum of Two Million and no/100
($2,000,000.00) Dollars. A copy of said letter is attached hereto and marked as Exhibit "C" and
is made a part of this Complaint
7.
From July 14, 1997 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 financing through Mid-Penn Bank and Hood College which
was being used by the defendants to create a charitable Trust.
9
The plaintiffs cashed stock, changed jobs and turned down promotions in order to be in a
position to own and manage the subject property to be purchased from the defendants. The
plaintiffs sustained in excess of Eighty-Nine Thousand and no/100 ($89,000.00) Dollars in
financial losses in order to be in a position to settle for the property.
10.
On or about August 26, 1998, the plaintiffs received notification that defendant, Mary
Louise Ramsay Wolf, no longer wanted to sell the property to the plaintiffs. In time, the
plaintiffs discovered that the defendant, Mary Louise Ramsay Wolf, sought to purchase said
property from the rest the defendants.
Following extensive negotiations, the plaintiffs and the defendants 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/100 ($27,500.00)
Dollars was paid by the defendants to the plaintiffs.
12.
The settlement 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.
13.
On January 26, 1999, counsel for the defendants faxed a General Release which was
signed by the plaintiffs on February 5, 1999. A copy of the Release is attached hereto and
marked as Exhibit "F" and made a part of this Complaint. Said release was given to counsel for
the defendant, Charles Stone, who promise that payment would be forthcoming are defendants.
4
14.
Despite repeated requests, the defendants have failed to pay to the plaintiffs the sum of
Twenty-Seven Thousand Five Hundred and no/100 ($27,500.00) Dollars or, in the alternative,
agree to convey the subject real estate to the plaintiffs.
15.
The plaintiffs request that this Honorable Court grant a Permanent Injunction which
requires the following:
a. The payment by the defendants of the sum of Twenty-Seven Thousand
Five Hundred and no/100 ($27,500.00) Dollars; and
b. The payment of interest from the date of the Release, February 5, 1999,
to the date payment is made by the defendants to the plaintiffs; and
c. The payment of plaintiffs' legal fees; or, in the alternative,
d. The conveyance to the plaintiffs of the real estate consisting of 65 mobile
home pads and 41 apartments located at 107 Old York Road, New Cumberland,
Pennsylvania 17070; or, in the alternative,
e. The payment of the losses sustained by the plaintiffs in preparing to purchase
the subject real estate which exceeds the sum of Eighty-Nine Thousand and no/100
($89,000.00) Dollars; and/or
5
f. The payment to the plaintiffs of all profits generated by the subject real
estate from the date the subject property was conveyed by defendants to defendant,
Mary Louise Ramsay Wolf; and
g. That the defendant, Mary Louise Ramsay Wolf, be enjoined from selling
any portion of the real estate or equipment without leave of this Court; and
h. The payment of the legal fees of the plaintiff; and
i. Any other equitable relief which the Court believes to be appropriate.
WHEREFORE, the plaintiffs, Donald E. Adams and Cathy A. Adams, request that a
Permanent Injunction be issued against the defendants as set forth above.
IRWIN, McKNIGHT & HUGHES
Marcus A. M , lI , squ
60 West Po fret Street
Carlisle, Pen Ivania 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Attorney for plaintiffs,
Donald E. Adams and
Cathy A. Adams, his wife
Date: July 12, 1999
1?• MIAIMN.aNAN?.?WY n1al?nl?nN1?N I n'i.??m ?I? I
6
EXHIBIT "A"
TEL: Oct 13.5E 14:58 No.009 P.02
liK(:1•U51v1•: 111GI11'10 NELLAGREIiMI:1"I'1' f..nnotarhn
rosrw su eonlns FOR T'IIB SALE OF COMMERCIAL REAL ESTATE %IS•19NV('
nl rldA nnlinp corvamrn reenan..nrl Aln4"0tr eraunoWrw 7911
sgroem'n6 AMINT; DNL
I. Yntlnw...Anaut
7.li...Uwnnr /IILVNTJ4/A/ ?r/CLC?/ rf[49G E'17PfiLF x2
a. uwa_,__... //GPIs & /
..... w ??4str?A6D 7 a v,
PROPERTY ADDRESS i DESCRIPTION: / USTED PRICES 2',700, sW
Co unty ?A fir y/1 !-`U NIY M/LPP tAt?UNPJ .4PtS _...
`1 /?Gt / OPPIeG ? _
Municipnllry /!R? 7er% Ne 91a1 e' 7JP Cale 1.76 .9
.. .in staildl- 7uning ClnAlllallnn nnh' pmpany: LdL.•. -'--•
Deed DooN No., PAN' No. Rewriting Dom Lot "lock _....
Ind Slce Approx. Duilding SQume 1votNNe Tkx P'rml Nn, -_.
Owner IIoA Seen Advised of Owner idulylo dinture maledal defeemofcr ndidons and knowsofnopmpedydefeancnecpt
ss follow!: -'--'
OWNRRS, Ow ie 0 64.4 J9 =4 1. 0. 4"vgw I _....-_-...
AddreAS ?.?.? Dfv e.d D 1?B?? ?MdCK ? PA /'7070
'I4lrphone Nu(t). 7 -774,-f
OCCUPANCY: U Owner O Vacant ?7ennnl(q
If reliant oaupled, specify:
latlo 1ef111(A) Total Amount Held for Security Ueposil(A ..__.-
Osten Monthly Itent Rent Includes _---_- -
OWNER WILL PROVIDE AGF.NI' W IT'H COPIES OF ALL. LEASES.
TAX TlAIPmpcny Tkms Unpeld AnclomenistlNotlxa
INI+fIRMNI'IUN 'llnmre, Tkxes will he pald by ... ?- /N .tSJA.eO 7n
e.••
e3"GE 1W /Y'AO eo/?y1PCr w/TW AL0040
T Sr/,e6 pe.A'?
Owner Warrants lint thlc prupetly In sewed by: uJ/.?F 717t01
XJutblic water M well water ;Bf-publi.nwer O septic system
'fl'ff.1: AND Ownerhemby w'armutithniOwnerownribe subject property Infec simple,free andelearore))llem,enmmcots And enunm
POSSENSION brancee, oxeepl As limed an this rural and/or nn public reierd, visible And Invisible, and that Owner In legally able lit sell or
csehnnge the propenY'snRnrul. It is Agreed dial posserdan will begtaniod to Buyer upondellveryof s deed aUprellled bl
This Agreement And upon the terns sal forth in this Agency.
Owner will furnish And execute o deed of speelnl warranty, conveying t good and marketable title to the prnpcny.
Poamdmr will be by deed And, if nplitcablc, nsAlgnmcnl or existing tenants) and tender of security dr111101(t) nl
Aelllenront. .e:.Yn S MB.VJ'
Physical punadml will be i --"'
I.FASINU It Is further agreed Ihnl Owna will net enter into of renew any tease during the term of this Agency excgn u. mmnl
here: _.?
IfOwner lava thlepmpenydurrngthetenn of this ANrncY. Owner agrees to pay Agent of/hnnl the mall
aggregale lease amount due and payable At the commencement of the lease and a like eommhdon upon nay mnrwnl,
extension. holding over, axcerclsod option, or continued tenancy by the lessee.
t)WNEIt C1 Stele and 501-1 Signs (:) General Advertising 0Key In Office O Fllfngln MLS
AU111011I 1!S
INST'I!CI'ION Ihu Ing 11101ermufllds Agreement, Owner agrees to pennil Agent or his/hersubagenrs access to thlePropcny At lxnsonnble
dons for Iha pugMre of shuwiug h to pmApeclive Purchuen.
AGENC.S ACENI'S PRE is _ /?E J of/from the agreed sale price slid is to he paid It, U.S. D011111 ..
I'F:I? A AGENTS FL'IS IN THE EVENT UP BUYER DEPAUI,T Is a of/from any mmilics paid on uccauot.
E%ITRATION I:OMMEN(:F.MENI'DATE OF AOFNCY /_O-'Z 'EXPIRATION DATE, OF AGENCY G?"9ji
AGENTS FEE FROTE(SION PP.RUI) for pmepallve buyers after hidralioriof Ageocy
11, OWNER )(FMOVES THIS PROPERLY FROM ME MARKET BDFORE THP. EXPIRATION DA'I'S ill 'I IIIN
AGENCY, AGENT'S PEP. WILL. ill:
THE AGENT'S FF:F. AND THE TERM OF'I'IIIS AGREEMENT HAVE BEEN DETERMINED AS A HI:S1113 t)4
NE OTIA11ONS BF.TWERNTILEAGF•NTANDTHE OWNER,
THE AGENT'S FEE AND MPIRAT'ION DATE. OF THIS AGREEMENT HAVE NOT BEEN 11.S11ABLISHED OR
RECOMMENDED By ANY ASSOCIATION UP REALT'ORS' OR BY ANY OTHER ORCANI7.A110N 1111
INOIVII)UAI.
RRFORP. SIGNING THIS AGREEMENT Ill F. OWNER WAS INFORMED THAT THE. ACEN'I-IS 1'1 IF AGEN'T' F011
OWNER AND NOT THE IIUV ..R. OWNER AGREES THAT AGENT'S 'RESPONSIML1TY '1'O PRIGS F'.N'1
OFFERS TERMINATES WITH AN ACCEPTANCE OF AN OFFER. ?
ItECOVERT' AReal lblale Recovery Fund exinx lit mlulhutAc anypanon whO has oblalned a final civil judgenonegnimin l'rnnrylvnuin
FDND reel alnle liccmeeowingmfrnnd, minepmseninliun.ordecall to A mar estalehameaollon and Whohaxbrem nnnl,lc menllecl
Ib<juJgmm?tnOer eshnueting all legal and eQwilnhle mbr2dles. poicompletb`dilillt swill the Fund,aJl(717)1N)JLCR,
(OVER)
" II T
:INCV A
AMR
TEL: Oct 13,98 14:58 N0.009 P.03
1•:ECLU8IVN HI011'1"1'(1 SELL AGNll.MNN I'Falls '111Y, SALP.(IF COMMP.RCIA1, IIVAL Ilk I A11.
_I eVYYNDIRrCXMYWANN NIOe+xTONUreW10111'INr
n _..?___..,._X...?.r,".".w CA.emlN aw wale andaadnllw
OATS
MINNNI
O MAIN
d INA'1'IUN
'WITHIN
Wi laflK
(A) If YOU I
Iha) Road,
wit
Ilnse
IC) Orthc
sodMnlynu lanyomanenalytime.,",.. NllI6iy-r ? -• lUA -- - I ?.
do, loin, INCY It spedned In this Apaemenl imll" YUhded InwelUNby the Ierelalu Alien lm
or so, eammlun Ihux4 Your Authority shall Continue so N MpJltlnm pending I1 Ib^t al
CRY
r [7N[0.[PIICfEII [Y WIIUMNIeNV!'.N, i
ddoleahnpldurlogile"AlifIlWAIIII
0.1wnl DIYyuuthe"AGUnSPBE"lRdldEI the some fie:
Noon Mth sooherA{em9yodddlYSbylyd/6Y 1 OrA dlryahd lclwln lenrm thep °rmyr•
1IIIPultue ION PE[lbb"this Int ld)41j<d 1168
.. ._.._,._.__..m.1.A AU.l.e the lust 4A MY Ind Providing the Pnmc,ly It um
ofthe
Y. 11 Ito p^PanY I1, eons.+• .••••••a
PRICC" in tilt, Pipped' ,
1. Y(A)Inprten and warmnl that
(II (fill the interstate have
(Y) 11,0111,4 pmpeny w,noh
IIn111d or Precluded by
(Y) that the property entirely
which 4 subject In ally
(4) Ih lInyllahASbaon No
Ibo roll, IIA Cu1,4N w1
(N) You and I area that Pill:
(1) ue a licensed real Ntale
(7) ue not an export In bon
(I) herenobdlJe and shall
the enaimnmenlal join,
(a) the pre rl have I
" (h) (which 1..llmhod el
(e) yhkh Is subject to
(J) anylawhAshatnai
,,if. alt, audoce w
(C) end nuneata, which and 0
atlas
or anal myociurialun of I
• (I) Woulnokadl of Iliap
9LNra Mr.. Oadn I,0rom nllhiAlgingm
edlnle.,eln,dluuJ against .lire PnollhsoloJw.d Drvlwrry nmhNYeuhle In bnnml lint, x•
used Ihm.gl, hU Agency which would WUji a, D al ^WlroMoNw
C "AGINPS PBE" 1'910 the am$ aompn .lion based the l "IrARI'ell
he term of Ihlr w,41 I"I to Pay Yoh he !!A010" M, {N Iwn
1 have lie knowledge:
ban enumineled by any Iubltlnx In Illy manage which mqulm, 1,emdlellou,
swN Wells. tried plains. Lunyohera,,i.,Gnu0Y1n11ImmAJewlormenro' which I.
low,
m aralm, or rdythlodnetd blphenf4 in anY•mher substances, the mmwwl u1, d14Pmx1 d
,Pse4l regulation by tam and. _ .,__.,X.AL,•1.,.nnf.n.... lednllnu,
maNM,:ad
IN wlWbblballa not .,rind any Inwnlpntlnm nG
()dJkdghl Propaly, Idbluding whether:
by h dame, that Rqulw o mdlMlon;
;pYhenl(IyIMNIIy sensitive area,, (he drvrlmaonn of
I be'a11y 61kM idb4nce, the Rmnwt a, Jhlmml.d
40aiglwhlNahadlsehaaeofeny maiNFJ Inm Om
Ih4Iron: +•,..1 ... 11.. mu....tvo frr,
e.l v,.n.,.. _..... - ..
(y) presence on the Prowly 0f say auMU^x1, which an eW10,11
(4) violation ofthe law a0desedbed in isproph 44A)(4),
l -nit Pmddons V11hta pangosph.hall survive the Parfmmnal or this APsoh+IRL
m
UY:1•uNl l' S. )-ne ohalYoow111reus par, IIC,aludleuaflheformofpymadbad 6rls M)hdxl{nNd N Pay", In an eXanwnca"uu
(A)
In aexnlma w11h ell oPP11rAFIEIaw slid rtaulallom undlmnrvmmellon a1ErmlNlltn°f nY aaiwr euhnngr 1hm may
recur is a retail or ibis Ncllcy: ?
(01 IoFInIMd onlheploperty^,II egraathulnheeant IJolnyoul IIJglnon falhe pondin; dpolh manalm, I sl,01l be IdIM Im
your Alternate foal Ind far taau
ANSIUNS 6. '1114 AlorcYShai)Inum to he benenl ofend he binding uPUnlherCdldhcreloandlhdr,wpallwrenonnl,ePNanmllrn,Fein.
auodlna, sianl. And rvaellpd.
11 GIIIN, Is" 119 lapply W o%list person, Involved) le he ltr noel o01f The Plmdalnnryor Mo IodeNI and three Stale laws are d q"+hd
Will slDnlllcnnca:
(A) THBCIVILR10117SACY0lrlast: Thlaaelpmvidxlhil elldtlxnl dlw ll'all SOw hail hnwthe annv dyln h,
lnheAl puk1ua61Nai, sell, hold, And convey a&l or Potential pmpM NpMm of lice.
(H) INICIVII,R10I17S AC(CP 1968:
..(I)TtTL`b mj.I,I.h FNnnrRA I.CDIAR.REUOION,SgXHAN,?DIIbC?AP,PAMIUALSTA7VS(CIIIIA)1n7N
UNOP.0.1g),ORNATIONALORIUIN• NOPROPERTlloR?gId i?Fn°id any PUla, lal,,aee°l hillhrr
(y) Tins N( Pml1hl41he wlll(ul unlUlnplevl Injury,
,u.
RACE, COWIt. RRUOION. SM IIANbICAP. PAMWALn A tf&!ge UnlorNATIONALnIryUIUn6 far theURIOIN Iare„fa.oPrnrclhbAN,
Purchasing. o ntlng. n"AndnF or oecupyloll of spy it",,nl orIn een4N
rtnld, n encIng, c, eomWfllon of say dwelling.
(C)THe PENNSYLVANIA rMAN lnlLilb ?ONC neryrloin aY l roam ofsdldbSn in Mgsml h+RALT.(l1 kilt.
f1Y1.1010N,CRBRD,ANCE9YItY, SEXNATIONALOMOIN.IIANDlC.1a.OS9 ORPHYS CAL NANO ICAP (d
_.. ..w mmener ANIMAL NGCAUSnOPTIIE BUNDNESS:D tenennwe A4lMAr S. 'I b1,
Ad aprllN m:
(11 Prospalve orhossw aealo me •
D) TAeFsdling, Iallna, ofinancing or howl,. omomm eagommadatlpN a 9o^meald prortRY:
Mnhnnal,mn?l
"':(7),I?f~froW Ink dog's Construction logo, adiibllltdlnlWn repairlloeinl Oh ilnr in
11)'FeNoM wlm to, ibel, India ei"Pel aholheylo,ommll any of the diNdminlory ICU "ti ned almw.
(0) THEptiNNSYLVANIARBALESYA1r. JCENSZAer, Th41dmIYNlluh4WUl fo'I,IUdalw h?nvnAenldullug]lim
ma,^ICN the PENNSYLVANIA HUMAN ACt. Including co oing.7 rid
IlleanldladmlNNmCo the Nlaa anulof the Politically lC t. be prtEn ,?{ d11 faf.an lnernaollm vw,ily of lLr
n of x.111{7 hhd/Ot IMPdmnmanl to, ha,aumun by
IE) Tilt, PLlvlry Mmin IAdUi1 IN InA l mg hrdu?ITIn O ha ImpalThis
wham mwlvmd by NAl'h,
xmmunlnllnn, miminnl 114.1,111. mm1, Criminal IrtIPU,, or dlitivat ba of Porosity
COIAR. RBLIOION. ON NATIONAL 00.101 N. the germ of this Mrnvy.
1r111l.N g. Iowl not lira Ire pmlwny wlU,.,,.the, Agent if that q,nsment WKWoUaBariw duriry
(UNlllal•(.N AGENT i1 rOeS?-1,y- f'DfVVM" OOER_._.
VIN
In' _.i~[ n,T. _ IY Yom- BY
DATV --- DATE IV ..
/?
EXHIBIT "B"
AGREEMENT FOR THE SALE AND PURCHASE OF REAL ESTATE
use by This form he Greater Harrisburg Association not of restrict to,
AGENT FOR SELLER SUB AGENT FOR SELLER AGENT -FOR BUYER
PA. LICENSED BROKER PA. LICENSED BROKER PA. LICENSED BROKER
This Agreement made this I' day of
1. PRINCIPALS Between,
(residing at / ^ '? <' C -, •/ n i • .r ,?
hereinafter called Seller, and G' •. ?? _ ;! i? ,.., •- ,n . , ?-, - ? ? ???.
(residing at :1 7 i ?' c • ; ^/,
hereinafter called Buyer. Y )
2. PROPERTY: Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: ALL THAT CERTAIN Lo[ or piece
of ground with-buildings, and improvements thereon erected, if any, known as: 'C ^ ^ S • % ,% • : r Y , r ./
3. ZONING: Zoning Classification
Failure of this Agreement to contain the zoning classification except in cases where the property (or each parcel thereof, if subdividable)
is zoned solely or primarily to permit single-family dwellings shall render this Agreement voidable at the option of the Buyer and if voided
deposits tendered by the Buyer shall be returned to the Buyer without a requirement of court action.
4. TERMS: (a) Purchase Price
(s ?'t J c J )
to be paid by the Buyer as follows:
(b) DEPOSIT Check O Cash C. at the signing of this agreement, receipt of which is hereby acknowledged .. S 7 ., rl
(c) ADDITIONAL DEPOSIT due on at before the r
day of . 19_ ..................... S
(d) BALANCE OF PURCHASE PRICE at settlement (cash, certified check. and/or mongage funds) ...................................................... S
TOTAL ............... S_? jtrJ/ "";e;
(e) Written approval of Seller to be on or before the i pay of *'1 / " ,rt19 Z2.
(O Settlement to be made on or before the day of _ej D i 6 d T , I9t on ma
(a) The following shall be apportioned pm.ram As of and a time of settlement: Taxes AS levied and amassed, rents,
and homeowner association fees if any, water and/or sewn rents if my, together with interes any other lirnable muniei pge assumptions. condominium fees
evenly unless otherwise provided herds. Pal urvim. All Realty Tramfar Taxes shall be divided
PROPERTY SETTLEMENT CONTINGENCY: This agreement is subject to the settlement of Buyer's pro
- pent lamed at if ri?
FIN , • C y : / L or before
? C a I /?;i %- rly p-7
FINANCING CONTINGENCY: an This agreement is subject to the financing as follows: '
(a) PRINCIPAL AMOUNT S /I
MAXIMUM INITIAL TYPE / MINIMUM TERM 1t
INTEREST RATE y at MAXIMUM TOTAL POINTS, INCL{IDJNG LOAN ORIGINATION FEE, TO BE PAID BY THE BUYER,
TERMINAL DATE for Obtaining Financing Commiunent Z ' / y - /
Broker may advise Buyer of possible sources of mortgage funds, but annot Assume responsibility for obtaining Buyer's mortgage. If said loan annot be obtained
As herein provided, this Agreement Shall be NULL AND VOID and all deposit mania shall be resumed to the Buyer on or before date of settlement a provided herein,
subject however tc the provisions in Paragraphs 6(b) and 6(c). r
(b) Buyer shall make a completed application to a responsible lending institution for the mid loan within calendar days from the Seller's approval httnf.
Should the Buyer fail to make such comphi ed application within the specified time, it shall be As the option of the Seller, within five (d) aleadar days thereafter to:
(1) Declare this Agreement NULL AND VOID, u which Lime. all mania paid on account will be forfeited to Seller u liquidated damages, subject to the Rula and
Regululons of the Pennsylvania Real Estate Commission , or
(ai) In absence of written notice to the Buyer by the Sena declaring this Aarcement NULL AND VOID, the condition and comiagacy provided for in this Puagnph,
together with any other financing enntingencies this maybe herein or endorsed hereto, shall no longer prevail, and this Agreement shall remain effective according
to its terms in the same manna a if the condition and contingency was not a put haw-0.
(e) Seller or Agent must receive a written commitment valid until the date of settlement. for the acid loo, on or before the terminal date As specified. If the mid commitment
is not turn shed with the terms AT specified herein, or on other teems accepted in writing by the Buyer, on or before the specified dam. Seller shall have rhn ..d-
at that date, or any other time theroftn. durine rh.,? ..r.h:_ .?-..._..
(dl Sena hereb y en to •wr•n?.., s. sus, Praviam Tor in Vuagraph 13(b): (1). (ii). and (is).. - : ?.... ..._..._
to Seller hereby agrees to pPaay additio al mortga a di ccouunt Paatsm` reputable ccnlfien ad/or Buyer u may be required by the lading institution or insuring agencies.
any one or all of Aforesaid fens. Providinethe meal of sutlt fees dd.or to ncadnatiogfeerin cu he of e a buyerofbtlhenmonp`eQas from a lending iomnation requiring
not
_ of STATUS OF WATER AND SEWER: Sella warrants this this property is serviced by 02 r%C C; f
%tYsi i`l
sew wiser anLt,
n. Further, Seller warrants that these systems ue fully Paid for and, ss of the dam of jr., a r
is private, Seller warnings that he/she his no notice from the municipality or from municipal authorities (bar public wan ,rid or i ne va 10 be mcsM of r aesaid s tam
MUNICIPAL IMPROVEMENTS: Seller his no notices of municipal improvements Isuch u sidewalks, curbs, etc.) except
Access to a public road may require issuance of a Highway ocapanry permit from the Department of Transportation.
SEECIAL CLAUSF$ ! L = ! _ T
r'Y ;t! t T,
10. t-1 Buser acknowledges receipt of Seller's Property Dlsdarsure.
11. fATTACHED ADDENDA are made a pa of this Agreement:. C Wood Infestation C Radon Disclosure C Private Wa er/On-Sim Sewage CFHA/VA
J Agency Relationship ? Home Impauan C Lead Based Punt Q Other(s): i) ' ' %r a // '
D. PERSONALTY: All existing plumbing, heating, air-eondidoning and lighting fixture, (Including chadeliers and ceiling lam) and systems appurtenant thereto ad forming
¦ p
ut thereof, and other permanent 0xtures, u well u all ranges, laundry tubs. T.V. antenna, mats and rotor systems, together wish wall to wall carpeting, scream, norm
ash
rods. Cry/or doors' shadn, awnings, venctim blinds, couplings for auram lic washers and dryers, ac. radiator covers, cornim, water stflenm, khchrn abinas, dr apery
rod$. d pery rod hardware, curtain rods, curtain rod hudwue, all Irm, shubbery, plammas now in or on properly, gunge door aprnas. sheds: if any, unless specifically
.•.b.A.,l.n .Fn min enrln rrFVr Vnn nr,hn ,Fenn mrmam..A b.ma dell b•rm,n r
wl n mhairurnA
e
mons?
ADDENDUM
This Agreement is made this_rday of May, 1997 by and between Ramsay
Property & Rentals hereinafter known as Sellers and Donald & Cathy Adams 2770
Enola Rd Carlisle Pa hereinafter known as Buyers both as regard the property
situated at 107 Old York Rd New Cumberland Pa This addendum shall be
attached and made a part of sales agreement dated by and between the
parties herein.
It is agreed as Follows:
To include 66 Mobile home pads, 41 Apartments, all equipment presently used to
maintain property including back hoe.
Offer is contingent upon Buyers accountant remarking on income and expense
report furnished by seller and buyer getting a more detailed inspection of property.
Both of these conditions meeting with buyers approval and contingencies removed
within 15 days of acceptance.
Buyer will give a $50,000 deposit upon acceptance, deposit to be placed in a interest
bearing escrow account with interest going to buyer until settlement is made.
Seller's Home, and office building with two apartments on second floor 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 granted 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 that
property meets all 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 his agent. Buyer to obtain equity
loan or sell personal resident for the balance of down payment.
Witness our hands and seal this Day of May, 1997
Witness:
EXHIBIT "C"
July 14, 1997
Mr. Donald & Cathy Adams
2470 Enola Road
Carlisle, Pa.
The $2,000,000 offer is acceptable for 65 Mobile Home pads,
41 Apartments including, all equipment presently used to
maintain the property and the Backhoe.
1
RichardVRamsay
Manager
EXHIBIT "D"
.-?I-:q:? `1: 2Sll1 Fcryl 3TI_aF I CFAvFF 'STINF 717
STONE. LAFAVER N[ SNEKLFTSKI
• >:IM LVR •T uV
I:M.1111"R 1? .l w1V .I. RIII MV R[R.IT
nfOM. MR M[:f.[ 00[ C
orR+u. RNtnuTnw uR. a'R..Rl..no. re 17070
IwL?RN ?. [TONI
JC: C'mbl'r LJ, L 9u
Marcos A. McKnight, :I1, Cseuire
Pomfret
..a-''lisle, PA :70_2
RE: Raway/Adams
P
M' R 1' 1'tf tR
Ri[nNlwR ?)I ll RrTUR
t.tfA1 NILR 171)1 TIYNVI
Dear Marcus:
Tnis will
1958 confirm our teluphone. rcnversation ar necember le,
.
L propose tc aectle the dispute between the Ram
h'jwS's a* says and the
:p110WA:
AdansA. The namsays will p-y the sum of 327,500 to Mr. and Mrs.
E• 1<r. and Mrs. Adana w111 deliver general
Richard Ramsay, Larry Ramsay and s releases to
pouse, Lynn ann. White and
Adams apoue ' e, sand Marv Lou Wolf. They would in turn release rho
.
C. Tha -Offer is eon: ineent uppa Many Lou eo:_•s
Of the property and net. mupplp:na rae funds '_?r ca'.; ac c p-u}emerchaee
wh Ee
: tF. she has orally agrees -c .
promise and not Our= do Sacol a -
base Cho pro sre not [u:E=_: this
Withdrawn. We have to pe_Cy' -he or`er 'w'ould be put I Ind I am auyoeatina Jan. jj,.ta999me limit On such an arrangement,
.
If you find p•`s satisfactory. please aavtae with some
writing thac I c&% d>aPiay to other counsel
traneactaon involved in the
.
Very truly yours,
R+TONE Le PAVER 91 SHEKLETSKI
Charles E. $tC`ne
12/21/98 08:91 TX/RX N0.0556 P.001
N
EXHIBIT "E"
LAW OFFICES
IRWINMCKNIGHT & HUGHES
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
ROGERS IRWIN
MARCUS A. MCKNIGHT, 111 CARLISLE, PENNSYLVANIA 17013-3222
JAMESD HUGHES (717) 249.2353
REBECCA R. HUGHES FAX (717) 249-6354
DANIEL W DBARMENT E-MAIL: IMH LAWQR AOL.COM
January 21, 1999
VIA FACSIMILE AND REGULAR MAIL
CHARLES H. STONE, ESQ.
STONE, LAFAVER & SHEKLETSKI
414 BRIDGE STREET
POST OFFICE BOX E
NEW CUMBERLAND, PA 17070
Re: Ramsey & Adams Settlement
Dear Charles:
FILE COPY
This letter is to confirm that we have settled this case. Your clients have at, eed to pay
Mr. and Mrs. Donald E. Adams and the sum of Twenty Seven Thousand Five Hundred and
no/100 ($27,500.00) Dollars. This payment will occur upon settlement between the Ramseys
and Mary Lou Wolf who is now purchasing the property.
Please confirm the settlement date, time and location.
Very truly yours,
IRWIN, 1NXK IGH,T)& HUGHES
A.
HAROLD S IRWIN 0925 1977)
HAROLD S IRWIN. JR (19541986)
IRWIN. IRWIN& IRWIN (1956.1986)
IRWIN. IRWIN&MJ KNIGHT (1986.1994)
MAM/min
cc: Mr. and Mrs. Donald E. Adams
EXHIBIT "F"
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
no/100 ($27,500.00) Dollars, the receipt of which is hereby acknowledged, has remised, released
and forever discharge, and by these presents, do for their heirs, executors and administrators,
remise, release and forever discharge MARY LOUSE RAMSAY WOLF, RICHARD W
RAMSAY, LARRY M. RAMSEY, MARGHERITA R. RAMSAY, LYNN ANN WHITE
and W. R. RAMSAY PROPERTY AND RENTALS (the "RAMSAYS"), their heirs,
executors, administrators, successors and assigns, of and 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, contracts, controversies, agreements, promises, variances,
trespasses, damages, judgments, extents, executions, claims and demands whatsoever, in law or
in equity, which against the "RAMSAYS", which they ever had, nor have or which their heirs,
executors 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 not limited to, any action arising out of the proposed purchase by Mr.
and Mrs. Adams of real and personal property of the "RAMSAYS" in Fairview Township, York
County, Pennsylvania, and any alleged contract or contracts for the same, written or oral, and any
statements, written or oral allegedly made by any of the "RAMSAYS", or any of their alleged
agents, employees, attorneys, accountants, or any other persons.
This RELEASE is a compromise of disputed claims or other alleged right to recover
against the "RAMSAYS", and any payment by the "RAMSAYS" pursuant to this RELEASE
is not to be construed as an admission of fault or liability for any purpose on the part of the
"RAMSAYS", and such fault and/or liability for any purpose on the part of the "RAMSAYS",
is expressly denied.
IN WITNESS WHEREOF, they have hereunto set their hands and seals the .3 day
of J5 h , in the year Nineteen Hundred and Ninety-Nine (1999).
Signed, sealed and delivered
?Ga .- (SEAL)
DONALD E. ADAMS
f4#4 (SEAL)
CA' A. ADAMS
2
in the presence of
VERIFICATION
The foregoing Complaint in Equity is based upon information which has been gathered
by our counsel and us in the preparation of this action. We have read the statements made in this
document, and it is true and correct to the best of our knowledge, information and belief. We
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unswom falsification to authorities.
DONALD E. ADAMS
Ig 44ms
ATHYA. ADAMS
Date: ?Z 1999
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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
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4227 EQUITY TERM
IN RE: PRELIMINARY OBJECTION OF DEFENDANT MARY LOUISE RAMSAY
WOLF TO PLAINTIFFS' AMENDED COMPLAINT
BEFORE BAYLEY, J. AND OILER, Js
ORDER OF COURT
AND NOW, this % day of June, 2000, IT IS ORDERED:
(1) The preliminary objections of defendant, Mary Louise Ramsay Wolf, to
dismiss plaintiffs' claim for specific performance and plaintiffs' claim for breach of an
agreement of settlement, ARE DENIED.
(2) The preliminary objection of defendant, Mary Louise Ramsay Wolf, to the
joinder of plaintiffs' legal claim for breach of a settlement agreement with plaintiffs' claim
in equity for specific performance of real estate, IS GRANTED. Pursuant to Pa. Rule of
Civil Procedure 1509(c), plaintiffs' claim for breach of a settlement agreement is
99-4227 EQUITY TERM
transferred to the law side of the court.
By the Court,
Edgar B. Bayley, J.
Marcus A. McKnight, III, Esquire
For Plaintiffs
Allen C. Warshaw, Esquire
For Defendant Mary Louise Ramsay Wolf
C. Roy Weidner, Esquire
For Defendants Richard Ramsay, Larry M. Ramsay,
Lynn Ann White and Margherita R. Ramsay
-?7-00
R KS
:sea
0
uj
C- y
N
tI ?i? ? fA
U O
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
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4227 EQUITY TERM
IN RE: PRELIMINARY OBJECTION OF DEFENDANT MARY LOUISE RAMSAY
WOLF TO PLAINTIFFS' AMENDED COMPLAINT
BEFORE BAYLEY J. AND OLER J.
OPINION AND ORDER OF COURT
Bayley, J., June 26, 2000:--
Plaintiffs, Donald E. Adams and Cathy A. Adams, filed an amended complaint in
equity against defendant, 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. Count I, against all defendants, is designated as a claim for specific
performance to convey real estate. In paragraph 16, plaintiffs seek an order requiring:
a. The conveyance to the plaintiff of the real estate consisting of 65
mobile home pads and 41 apartments located at 107 Old York
Road, New Cumberland, Pennsylvania 17070.
b. The payment of the reasonable counsel fees and costs of the
99-4227 EQUITY TERM
plaintiffs.
C. The payment of rents and income received by the defendant from
February 5,1999, to the present.
d. An accounting of all income and expenses as well as any
equipment, personal property, or other items conveyed by the
defendant to themselves or any third party from February 5, 1999
to present.
e. The payment of all profits gained by the subject real estate from the
date the defendant conveyed the property to the defendant Mary
Louise Wolf.
f. Any other relief deemed appropriate by the Court.
Count II of the complaint is designated as a claim for "Breach of Settlement
Agreement and Breach of Contract Against All Defendants." Plaintiffs allege that they
and defendants reached a settlement for the failure to convey the real estate that is the
subject of the claim for specific performance in Count I. Plaintiffs allege that their
settlement with defendants was for Richard W. Ramsay, Larry M. Ramsay, Margherita
R. Ramsay, Lynn Ann White t/d/b/a W.R. Ramsay Property and Rentals to convey the
real estate to the defendant, Mary Louise Ramsay Wolf, provided that $27,500 was
paid by defendants to plaintiffs.
Defendant, Mary Louise Ramsay Wolf, filed preliminary objections to the
amended complaint which were briefed and argued on May 31, 2000.' Defendant
maintains that plaintiffs' claims in equity and law cannot be joined. Pa. Rule of Civil
Procedure 1509(c) provides:
The objection of the existence of a full, complete and adequate
non-statutory remedy at law shall be raised by preliminary objection. If
The other defendants filed an answer to the amended complaint with new
matter and a cross-claim.
-2-
99-4227 EQUITY TERM
the objection is sustained, the court shall certify the action to the law side
of the court. If not so pleaded, the objection is waived.
In Lustig v. Lustig, 652 A.2d 393 (Pa. Super. 1995), the Superior Court of
Pennsylvania stated that:
[t]here is no authority in the Rules of Civil Procedure permitting the joinder
of an action at law with an action in equity.
The subject matter of both the equitable and legal claims herein arise out of the
failure to transfer real estate. While facially appealing, that fact is not controlling on the
issue of whether the separate claims in equity and at law must be severed. In City of
Philadelphia v. Pennrose Management Co., 142 Pa. Commw. 627 (1991), the City
commenced an action at law for damages against Pennrose Management Co., alleging
that it failed to pay wage taxes and incorrectly paid taxes to a collection agency. The
fifth count of the complaint sought various forms of equitable relief arising out of the
same subject matter. The trial court sustained a preliminary objection of defendant,
finding that the City's claims for both legal and equitable relief in the same complaint
constituted a misjoinder of causes of action. On appeal, the city claimed that Pa. Rule
of Civil Procedure 1020 requires that all causes of action against a person arising from
a single transaction or occurrence be joined in a single action. Notwithstanding,
because there is no authority in that Rule or any other Rule permitting the joinder of an
action at law with an action in equity, the Commonwealth Court concluded that the
-3-
99-4227 EQUITY TERM
equitable claim had to be severed from the complaint with leave for the City to assert
that claim in a separate civil action.z
In the case sub judice, plaintiffs have alleged a claim in equity seeking specific
performance for the sale of real estate and a claim at law seeking damages for breach
of a separate agreement to settle the dispute. This is not a situation involving a
collateral claim for damages, where equitable relief may be warranted. In fact, such
collateral claims for damages have been made by plaintiffs in paragraph 16 of their
equity count. Rather, this is a case of a claim for damages arising out of a completely
separate contract of settlement. Accordingly, as in City of Philadelphia, supra, the
legal claim must be severed from the equitable claim. Under Rule 1509(c), we will
certify the action in law to the law side of the court.
Defendant also preliminarily objects to plaintiffs' amended complaint averring
that plaintiffs have failed to state a cause of action for (1) specific performance for the
sale of real estate and (2) damages for an alleged breach of an agreement of
settlement. Both causes of action have been adequately stated, thus we will allow both
to proceed separately.
P While Pa. Rule of Civil Procedure 1509(c) allows a legal claim in a complaint in
equity to be certified to the law side of the court, there is no corresponding Rule in a
complaint at law to certify an equitable claim to the equitable side of the court.
Accordingly, the remedy in the City of Philadelphia was to sever the equitable claim
from the complaint at law, with leave to assert the claim in a separate civil action in
equity.
-4-
99-4227 EQUITY TERM
ORDER OF COURT
AND NOW, this Zb0
t% day of June, 2000, IT IS ORDERED:
(1) The preliminary objections of defendant, Mary Louise Ramsay Wolf, to
dismiss plaintiffs' claim for specific performance and plaintiffs' claim for breach of an
agreement of settlement, ARE DENIED.
(2) The preliminary objection of defendant, Mary Louise Ramsay Wolf, to the
joinder of plaintiffs' legal claim for breach of a settlement agreement with plaintiffs' claim
in equity for specific performance of real estate, IS GRANTED. Pursuant to Pa. Rule of
Civil Procedure 1509(c), plaintiffs' claim for breach of a settlement agreement is
transferred to the law side of the court.
By the Court,
Edgar B. Bayley, J.
Marcus A. McKnight, III, Esquire
For Plaintiffs
Allen C. Warshaw, Esquire
For Defendant Mary Louise Ramsay Wolf
C. Roy Weidner, Esquire
For Defendants Richard Ramsay, Larry M. Ramsay,
Lynn Ann White and Margherita R. Ramsay
:saa
-5-
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,
LYNN ANN WHITE t/d/b/a
W. R. RAMSAY PROPERTY AND
RENTALS,
DEFENDANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4227 EQUITY TERM
ORDER OF COURT
AND NOW, this 20th day of March, 2000, after reviewing the petition for leave of
court to amend a complaint in equity, and an answer filed thereto, IT IS ORDERED that
plaintiffs may file an amended complaint within ten (10) days of this date.'
By.the Cou /
Marcus A. McKnight, 111, Esquire
For Plaintiffs
Allen C. Warshaw, Esquire
For Defendant Mary Louise Ramsay Wolf
C. Roy Weidner, Esquire
For Defendant Richard Ramsay
Edgar
' Plaintiffs could have filed an amended complaint in response to defendants'
preliminary objections as of course if they had acted within twenty days after service of
a copy of the preliminary objections. Pa. Rule of Civil Procedure 1028(c)(1).
F,:-FD -01-TICE
Or -.. ' N"
n V
00 N; ° 20 AMID: 53
CUidSEnL .'iii GOUNIY
PCNNSYIYA A
I
..
Larry M. Ramsay
1080 Tunnel Lane
Cazanovia, NY 13035
Lynn Ann White
Light House Point
Palm City, FL 34990-4200
Margherita R. Ramsay
510 r Street
Owego, NY 13827
:saa
"-l\ L G. AUA1v15 ana
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
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
NO. 994227 EQUITY TERM
CIVIL ACTION - EQUITY AND LAW
NOTICE 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 this complaint, order 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 money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
Americans with Disabilities
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing.
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
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4227 EQUITY TERM
CIVIL ACTION - EQUITY AND LAW
AMENDED
COMPLAINT IN EQUITY
AND NOW, this 30th day of March 2000, comes the plaintiffs, DONALD E. ADAMS
and CATHY A. ADAMS, his wife, by their attorneys, Irwin, McKnight & Hughes, and makes
the following Complaint against the defendants, MARY LOUISE RAMSAY WOLF,
RICHARD W. RAMSAY, LARRY M. RAMSAY MARGHERITA R RAMSAY, LYNN
ANN WHITE and W. R. RAMSAY PROPERTY AND RENTALS as follows:
1.
The plaintiffs are Donald E. Adams and Cathy A. Adams, his wife, who are adult
individuals residing at 2470 Enola Road, Carlisle, Pennsylvania 17013.
`. ¦
2.
The defendants are adult individuals being Richard W. Ramsay who resides at 3610
Logan Street, P. O. Box 100, New Cumberland, Cumberland County, Pennsylvania 17070; Lary
M. Ramsay who resides at 509 Aisland Court, Indian Harbour Beach, Florida 32937; Mary
Louise Ramsay Wolf who resides at 3 Shawnee Road, Ardmore, Pennsylvania 19003-1619; Lynn
Ann White who resides at Light House Point, Palm City, Florida 34990-4200, and Margherita R.
Ramsay t/d/b/a W. R. Ramsay Property and Rentals.
3.
On or about October 23, 1996, the Defendants placed their real estate for sale on the real
estate market. The property was located at 107 Old York Road, New Cumberland, Fairview
Township, York County, Pennsylvania. A copy of the Listing Agreement is marked as Exhibit
"A" and is attached hereto and made a part of this Complaint.
4.
On March 4, 1997, an agent for Jack Gaughen Real Estate, located in Cumberland
County, Pennsylvania, contacted the plaintiffs, Donald E. Adams and Cathy A. Adams, regarding
the purchase of the property owned by the defendants.
5.
On May 7, 1997, the plaintiffs made a formal written offer to the defendants for the
purchase of the real estate consisting of 65 mobile home pads and 41 apartments for the sum 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 this Complaint.
2
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 no/100 ($2,000,000.00)
Dollars. On July 14, 1997 the defendants, in a letter signed by Richard W. Ramsay, accepted the
offer of the plaintiffs to purchase said real estate for the sum of Two Million and no/100
($2,000,000.00) Dollars. A copy of said letter is attached hereto and marked as Exhibit "C" and
is made a part of this Complaint
7.
From July 14, 1997 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 financing through Mid-Penn Bank and Hood College which
was being used by the defendants to create a charitable Trust.
9.
The plaintiffs cashed stock, changed jobs and turned down promotions in order to be in a
position to own and manage the subject property to be purchased from the defendants. The
plaintiffs sustained in excess of Eighty-Nine Thousand and no/100 ($89,000.00) Dollars in
financial losses in order to be in a position to settle for the property.
3
COUNT I - IN EQUITY
FOR SPECIFIC PERFORMANCE AGAINST ALL DEFENDANT
AND NOW, this 30th day of March 2000, comes the plaintiffs, DONALD E. ADAMS
and CATHY A. ADAMS, his wife, by their attorneys, Irwin, McKnight & Hughes, and makes
the following Count seeking Specific Performance in Equity.
10.
The averments of fact contained in paragraph one (1) through nine (9) of the Complaint
are hereby incorporated by reference and are made a part of this Count.
On or about August 26, 1998, the plaintiffs received notification that defendant, Mary
Louise Ramsay Wolf, no longer wanted to sell the property to the plaintiffs. In time, the
plaintiffs discovered that the defendant, Mary Louise Ramsay Wolf, sought to purchase said
property from the rest the defendants.
12.
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
no/100 ($27,500.00) Dollars. After the property was conveyed to defendant Mary Louise
Ramsay by the remaining defendants, they refused to honor the Settlement Agreement.
4
14.
The legal counsel for Mary Louise Ramsay Wolf had reviewed and drafted the Release
sent to the plaintiffs which they signed.
15.
The plaintiffs seek specific performance and the conveyance by defendant Mary Louise
Ramsay Wolf of the property she purchased from ther 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 Honorable Court grant a Permanent Injunction which
requires the following:
a. The conveyance to the plaintiff of the real estate consisting of 65 mobile
home pads and 41 apartments located at 107 Old York Road, New Cumberland,
Pennsylvania 17070.
b. The payment of the reasonable counsel fees and costs of the plaintiffs.
C. The payment of rents and income received by the defendant from February 5,
1999, to the present.
d. An accounting of all income and expenses as well as any equipment, personal
property, or other items conveyed by the defendant to themselves or any third
party from February 5, 1999 to the present.
e. The payment of all profits gained by the subject real estate from the date the
defendant conveyed the property to the defendant Mary Louise Wolf.
f. Any other relief deemed appropriate by the Court.
WHEREFORE, the plaintiffs request that a Permanent Injunction be issued against the
defendants as set forth in paragraph sixteen (16) above.
5
COUNT II
BREACH OF SETTLEMENT AGREEMENT
AND BREACH OF CONTRACT AGAINST ALL DEFENDANTS
AND NOW, this 30th day of March 2000, comes the plaintiffs, DONALD E. ADAMS and
CATHY A. ADAMS, his wife, by their attorneys, Irwin, McKnight & Hughes, and makes the
following Count seeking damages for breach of contract.
17.
The averments of fact contained in paragraph one (1) through sixteen (16) of the
Complaint are hereby incorporated by reference and are made a part of this Count.
18.
Following extensive negotiations, the plaintiffs and the defendants 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/100 ($27,500.00)
Dollars was paid by the defendants to the plaintiffs.
19.
The settlement 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.
6
20.
On January 26, 1999, counsel for the defendants faxed a General Release which was
signed by the plaintiffs on February 5, 1999. A copy of the Release is attached hereto and
marked as Exhibit "F" and made a part of this Complaint. Said release 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/100 ($27,500.00) Dollars or, in the alternative,
agree to convey the subject real estate to the plaintiffs.
22.
The plaintiffs request that this Honorable Court award the following to the plaintiffs:
a. The payment by the defendants of the sum of Twenty-Seven
Thousand Five Hundred and no/100 ($27,500.00) Dollars; and
b. The payment of interest from the date of the Release, February 5, 1999,
to the date payment is made by the defendants to the plaintiffs.
C. The payment of the losses sustained by the plaintiffs in preparing to
purchase the subject real estate which exceeds the sum of Eighty-Nine
Thousand and no/100 ($89,000.00) Dollars; and/or
d. The payment to the plaintiffs of all profits generated by the subject real
estate from the date the subject property was conveyed by defendants
to defendant, Mary Louise Ramsay Wolf; and
e. The payment of the legal fees of the plaintiff.
7
WHEREFORE, the plaintiffs, Donald E. Adams and Cathy A. Adams, request that the
relief request be issued against the defendants as set forth above in paragraph Twenty-Two (22)
of the Amended Complaint.
IRWIN, N%KNIGHT/& HUGHES
60 West fret Street
Carlisle, Pennsy vama 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Attorney for plaintiffs,
Donald E. Adams and
Cathy A. Adams, his wife
Date: March 30, 2000
uev,uwu?aswxnooi.v?vwa.e...w ?µnv ?,wi nn?
8
EXHIBIT "A"
,tart. An d eannr 1(XCLl1NIVF: 111611'1" I'O SKI.LAGHEEMKN'1' • - y V • V V(y....,,vrrf.I
• nl ra,a union FOR TILE SALE OF COMMERCIAL REAL ESTATE XIS•19M11C
n (ceaxlala ePNawWAIA Aaaogma.ceauuoawiwr 7.90
.Araemom' S? OsSvli
1. Yn11mv...Mlni1 AGENT:
2. Wlil .lMna /71CVN7'T4yA/ ?AU6y Afa,YG E11~ 7/>-
a. n .........._. //6 Py we f7.>y/ vr7a,c Ort xx 9?tp
_.--
TN .?2J e0(A°naesE BROKER
PROPERTY ADDRESS A DESCRIPTION: LISTEDPRICES Z.,700, 07V
N AU-CA-92
Municipally ,IIl.?/ county A.i Stilen?ElPC.nJc J7n7 P •
Tuning Clnrlllcallnn of the pmtuny: .LdL.. -..L?Q- __-
Deed hook No. Page No. Recording Data
TAI iilork _ .,
141 'size '7. Q G.4. Appmt. Dullding SRuore Foatep Tkx Par"h Nn. __._.
Owner link DomAdviaed otOwnei odutytodisclose material def"teofcondWentand knovaw ofnopmpenydefect.emi)A
At follows: e'
lyWNEILS, Ow,l?c;g{s?) p.t.(r t '•L'ei/ •Le/aLF N_/JN.? _
III:CIII•ANIti 31Li'flll' 'r' fl?? .? ,B(Y /ErIJY• Y19!? ,
Address L Ya.[,(? NB.d VM6MLAn? OA /7070
'Iblepbone NVal.
OCCUPANCY: D Owner O Vacant liflbnanit.)
If leunnt o¢upled, spedfg
1<ase'lerm(q Total Amount Held for Security Depodl(s)
Gras Mnnlldyltent Rent Includa
OWNER WILL PROVIDE AGENT' W ITH COPIES OF ALL LEASES.
TAX 'Real Prolany7aaa Unpaid Aueasmenls/Nodoa
INFORMN11ON 'Iyanafar Thxes will bo paid by -
e9u.E.C 11W hEIV CoAYy7Kr W/TN /WOG Caxl1FE iN "ewes 7-
Owner Warnings dial this property R"rved by: uli,JF rXuSr-.CAd6 J•LAA/
Xpublie water Qwell water >1:publicaewu 0seplk system
TITLK AND Ownah embywarranasdrelOwnerawas thesuhjal pcopertyln feeaimpha,freeandelearofall licalclAcuic"ll slid
rOSSFSSION hmnca. Main g noted on thiaiurm nntUoran public re(rord, visible and lnvhdbf"tid that Owner In legally Able mxallnr
culmngelhapropetrynsolfered. •Iliangmedthalpogsessionw(IlbegrantedloBuyarupondelivmyofAdeednkspeeinediii
[]its Agreement and upon the lamas eel forth in this Agency.
(,"at will furnish and a"ule a deed of special warranty. conveyinga good and marketable lido to Ilia pmpeny.
Pmsaviun will he by dad sad, If Applicable, assignment of emitting hale(s) and tender of ntudiy dgwrtigc) ni
settlement.
Physical povaelnn will be . 'NAA?'
LEASING 11 It funkier agreed [lint Owner will net enter Into or renew any look during the term of this Agency except ns netted
hare:
IfOwner hang this properly durhngthe tern nfthit Agency, Owneragna to payAgut of/fn.mmemnd
aggregale luxe amount due and payable Al the commencement of the last and a like commission upon Any renewal,
extension, holding over, examhed option, or continued lenancy by the last".
OWNER Q Sale and Sold Signs O General Adverting aKey In ORla 13 Filing In MLS
INSPECI'I(1N During the tern ofthl#Agreement, Owner Agrees to perm it Agent of his/hergubapnn aeoega to title prnpcrly nl ruamnible
tipass for the punlna of stowing it to pdupeclive purchasers.
AGENI'S AGENTS Fri. is . A/ ?E 2f of/from the agreed isle price and Is to be pnid to U.S. Dolim.
FEE. A AGI(NTS FEE IN THE EVENTUP BUYER DEEAUIT Is JID 9. or/prong any monia paid an account.
F.XPIRMION COMMENCEMENTUAT'P.OFACENCY /O'-Z EXirIRA71ONDAT1(OPAGENCY
AGENTS FEE PROTELTION PERIOUfor pmspeclivebuyettancrkaplnlloriofAgency ?.__..
IF OWNER REMOVES THIS PROPERTY FROM THE MARKET BOFORE THE EXPIRATION DM1I 01-1 Ills
AOENCY,AGENI'SFEEWII.LIIE
THE AGEN1•S rF.F. AND THE TERM OF 1'1115 AGREEMENT HAVE BEEN DETERMINED AS A RICSUI:1' 01-
NEGOTIATIONS BETWEEN THE AGENT AN11 THE OWNER.
i THE AGENTS FEE AND p.Xl'IRAT'ION DATE OF THIS AGREEMENT HAVE. NOT BEEN ESTAIILISI11•:II OR
IIKCOMMF.NOED BY ANY ASSOCIATION OF REALTORS- OR BY ANY OTHER ORF,ANIMION Oil
INDIVIDUAL
REFORE. SIGNING THIS ACREEMENT111F.0 WNKR WAS INFORMED THATTIM AGENTS IM ACKNT Irllt
THE OWNER AND NOT 711E BUYER. OWNER AGREES THAT AGF.NrS VESPONSIRILITY M PRESYNI
OFFERS TERMINATES WITH AN ACCEPTANCE OF AN OF II. i
lip, COVRRY A Brat hinnte Recovery Fund exist it, mintburse any person who has oblafned a Anal civil Judgmenbgniial it lbmnylenAi.
FUND reslamlelieenteeowinglofrnnJ,cobseprtuntadun,ardaahlnsrtdenntelrmudlonand whohul¢tunnnldeunallrcl
IheluJgmnnniterwhamJng All legal and equimhle reetldieaa Peicomphe6`delliifl aBdut the Mad,cull(717)7a]-066X.
(UVKiI)
II A(;F NCY A
U 104A
YAIINIiM'
ODMAIN
llt)NAT1(IN
p1401TRIY
DeFF.C.1R
ID:111,VIT
ANSICNS
Civil.
R I(tfflN
AVIS
I:RCLIIHIYI: NIl:II'1"1T) SFLI. AY.NIIGMKNi' 1:01711E SAIX UP COMMIIR(:IAL III A1. NN I A'1 L
.. 1 aorrmolrtnrmSrwwunuwumawusesoaee fsr
any
1 In they snslminant Domains •twAd sn
during tilt form ofany egnemantobderosmd thrn
nRered, I t? to piy yea, open during the •AO[NI
3. I the this Anory I1, donitrd during 166 Wm el
P0.1CC' In thta e ost, U
e. Yropelty D Deeface ltdwura ..' .
(A) Inprtunt and amnnhis l he"e
(1) Thai the prempa hen beet=well
(]) thaNha proprywmalmwl tanns,
limited in nocludd by lee.
(]) :1191 the property come W ssunn
which Is Subjects m am $1.161 bye
(q IheesnYhrwhasbrnmatafdlnlhe
the bt1 all, tudiu nW,wgetun
(R) You sad I agree that free
(1) MC A Me=ad real rtal, better,
(]) lie not an Otpod lnbanthuetloma
(]) hsrnot rdddendshall ewmake a,
the entlmnmealil Condition w out
(a) the peeinUes her ben ronum
(F) Oil Property contains 1,d land!
Which lolimllyd or p)cludd t
"' (e) the Property contains asbestos,
,thkh Y Subject b 1hY me,bll
(d) anYlewhaolwinddeldin lhr,
.. SOIL all. refits atan of Slow
(C) I agree to ltdemoit•.nd in beta yen ha
ahilcOU d 1,w y which tdlo fmm caan r,
Or altar myecoupt1lun dial PMpub, h
O) CenumlhhDnR of the property 11, dal
(]) pr atanyndromm,nugytco
D) preeeen onli11...tyofaeyrvbr
(t) Hahh allies L Wee dwiithd In s
(D) The prodolono done bfiMS Mngnph dull n
L (A) legrtethslyou tAllnulndePodlnrtprole
ta or a as s a mull uull b ofihtAgdiAimn sod
rloeur a Nyi
(D)
oblslned obloh ifonamthePetepnerpaluhlAJedyunusfie
y. ietwthnlnll
d, ywe .uthetRi :Aril nllree u m egotJ91Mnr hert AOrr lea
eo /olane pending ng ny m dare OI
Naldmefuld ASency, W71[T'NG [PP[LTDI RY WHUMNUNYKN,
IENT'S FW. and I Ad" Willi, lime fee.
191cdtlde sl [hyr ribs ll MIlAedDDsg red ibis to Purchase the VmI W ray;
tRIOD!UJtbnpert?4 {yId bAes?ses ed to whole or in post its Ally,1111,
dtld dtideg the 41St df ilib Agency and proMJln( the pnpeny i. u,..
I with Snethei Draw d Dt1 Umet
EIID VAULT'esepocJRedln thle Aitoinntbut in no Case will thr nun
I spindahwMrtoflhewbj.lpnlitrfYdudng the total nlthit iiwneu,
de"I'liehemld leeesntd? aDW?pneedy Ynmeteenhle to lb 101.1,wo n.
fPiln the Irou gemlll(ttetlod That I nclr ham the PnanllnAL
q I qm b PeI Yoh thd'!A)71gtJ1'SlLt,• blood um the •IJFTI:U
n '
tiny lubance In any minor which trqulm rmd6tlon,
m.annt,ethuanNetmm?es[yrndtlnetru.Jerelnpmnt of Wldeh i.
I.e. it hlPAmyta 1,r Any other rvhmeA the mmowl m Jitpmnl td
ba and
adlsprin/e6nymetetw w",W alhedisd..... of.nt, nandul ln.,1 '
ergrnrrdlnthtaAIre "L
:, :; )1..:11• .
Ih91 tegelra rtrndlellnn;
taDy nntlDR even the delchpumm d
Ir Flhstana, thr rannrl m dhptnnl of
Sw Drdhah.geof entmtinLd bun Ibe
mt.,
ndw w1lablilt, InctluJly enmmrelm
dltablilt•dlhe PrePOtlyPrinrln,Jndnp,
••.... •11n•ls......... p nnlnwy
d.dtans, 40ant ong,hdilnintem, ehenCNafed ALFInJInIUPnlheMdahemoanddhdreepaln l11nnd1CPnwenledm,hrin,
gn and wceainn
f, Slaletnd FedmltaareprJhgdrllrighN inmlestam luwnloll ePPIY pdmedlj tithe Owns and the ApenL llow les,llm
d1 nlRunex PIY le 011111 Mnone htwh 1,d In the lunuetlon. 111c prOVAIDAe of no Federal and Ihme Stele law an of q,e•Llnl
p
(A) THU CIVIL RtOIDSACTOFlUk ThluuprniJdlhilillclehanldth?UnltadBmushell l11rcthwemr rihLnO
Inherit pumhua burs "M hold, and count, nil w personal property
repldless of rata
(0) THE CIVIL RIGHTS ACrOP 19M.
(])TITLE IR Pmhthluldewillfulm91WnplcJ In v- -- -t`° 1'es. tsaICU Mill A RROK14t,
RACL COLOR, KRU(IION, SI!X HANDICAP. PAMIUAL STATUSI otnNAIIONAL ORIGIN h.it.,l.rledikr
pumhuing, RntlnL M.ndn4a aaupylny dmyddlingm In conbwDngw neyoUAry for the ale. Purvhur,
' t Rnla4Rmnelny, arcomWdlre nfont dwelling
IC) THLPENNSYLVANIA HUMAN RCLATIONS ACD Thhtawprehlbttedtaalminedon. Ndlherlnmmyhrnta al
eslupernn may nrndlrLd,arlnlltaR a discussion mdlgtp in enYfoml 611011dtadan In and to RAGE (3)I AI1(.
RMOION,CREr,D,ANCLTMY,SP.)LNATIONALORIOIN,HAND CAP.ORbiSASIUTY0RT11ElIS1eO1 A
OUIUE OR SUPPORTANIMALRCGUSCOFTIIE SUNDNESS,'DILS3,011 PHYSICAL IIANDI&I. Car
THE USDR OR RECAySCTHE USER IS A liMDLER OILTMNCNj.Y6LgbC OASUPPORT ANIMAI S. 1111
Act applies in t; ., ly.•,Ne,...
1 (IlPwpadn oenen,oecupensswwendhwdng tocommedltlons oleommetral sroM„Uu;
(J) TAe soIIInL IadnL of OnnelM of Aourinpwommedttlpm weommeNd petPenf;
. , (7) AS?ccmen4 drodnl of pmped4A depose nqulmmnlh )esoes; Mn eprmenlL snnlicndnne. erlw•16,,,
0111 R
( UNI'RAVI:V
(4)'Minfis wen old. Shot. Inclls o7"Isti esolAiti, on hang bf IFS discriminatory tau outlined nimrc.
ID) TIIEPENNSYLVANIARPALUTAIEIJCENSEACTi ThhtdmahullwilawfYlfotlRtlbbsebrolanmdr.Pm,1n
m.lnleta tilt PENNSYLVANIA HUMAN REIAIIONSACF, including gceeptlng a Ihdd1 with on undemunllnp Ilan
Illegal discrimination In the ale or trial of the present to to be pndooodl'...r .1
(C) nltl PENNSYLVANIA ETHNIC INTIMIDATION AM This Ail tin, q fof.an'Inrnoe in the orrcrilt of Ism
underiying Criminal elms and Stay faint In the Impwlllenr dt of t d •Yhd/at Inepdmnor h
eu mm unludwl alm inal mltehIe/ arena, criminal IIS IpaIF OlRuellbh of Pnperry whenmain m se, i adee Iry RA.l Ill,
mm(T,
COLOR, RELI OICIN, OR NATIONAL ORIGIN
A. 1 al cll nor lit! 1 1. proPwry Wbl enmha Alcor Vital rmnunt homme. sRectln during the term of ibis Ayr,.,.
AGENT ,.QJO? y..1, aa. ASO a•,nZMA OWNER
fly ?Tb+.Z t
UATTr57 re-c,? j_ It, ?9-- By DATE
e
EXHIBIT "B"
AGREEMENT FOR THE SALE AND PURCHASE OF REAL ESTATE
This form recommended and approved for, but not restricted to,
use by members of the Greater Harrisburg Association of REALTORS"
E P AGENT FOR SELLER SUB AGENT FOR SELLER AGENT FOR BUYER
P r) w
A. LICENSED BROKER P.4. LICENSED BROKER PA. LICENSED BROKER
This Agreement made this day of
r, 19
__.
1. PRINCIPALS Between, /' A / 0G i! 7,
i =:' t 7n r
(residing at _i n 9 i- /1 a veJ L r- ;. _ ..,?• //..J .i
hereinafter called Seller, and G'% /-'n !! yr ?/ 4 ....,.J /. :i , of rrI a, ?•
(residing at + r r, - G
J
hereinafter called Buyer.
2. PROPERTY: Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: ALL THAT CERTAIN Lot or piece
of ground wi[h_buildings, and improvements thereon erected, if any, known as: /D ^ ^ ' ?.% r : " r'
IF
3. ZONING: Zoning Classification
Failure of this Agreement to contain the zoning classification except in cases where the property (or each parcel thereof, if subdividable)
is zoned solely or primarily to permit single-family dwellings shall render this Agreement voidable at the option of the Buyer and if voided
deposits tendered by the Buyer shall be returned to the Buyer without a requirement of court action. .
4. TERMS: (a) Purchase Price
to be paid by the Buyer as follows:
(b) DEPOSIT Check C Cash C. at the signing of this agreement, receipt of which is hereby acknowledged .. $ ?• /)JI /e
(c) ADDITIONAL DEPOSIT due on or before the '
day of 19_ ..................... S
(d) BALANCE OF PURCHASE PRICE at settlement
(cash. certified check. and/or mortgage funds) ...................................................... $
T TOTAL ............... S Y??iCL;f1
(e) Written approval of Seller to be an or before the iF / •jr day of -,/ .. l9 L-•
in Sttdement to be made on or before the ?! ! J day of L 6^ v : T 19 . , ... ..:
(a) The following shall be apportioned prvma as of and n time of MUemme Taxes in levied and assessed, rents, interest an mortgage _ assumptions. condominlum fem
and homeowner association fees If any, water and/or sewn rents if any, together with any Mina, Unable municipal selvica. All Realty Transfer Tun shag be divided
evenly union athawise provided habin.
S. PROPERTY SETTLEMENT CONTINGENCY: This agreement is =him to the settlement of Buyer's Drapery located at
?s' ??+ Eh vL/.f r".
on or before 1 G G /•?, ?; n,
6. FINANCING CONTINGENCY: This agreement is subject to the financing as follows:
(a) PRINCIPAL AMOUNT S---b TYPE -?rI /. C" 1 1
MINIMUM TERM
MAXIMUM INITIAL
INTEREST RATE % MAXIMUM TOTAL POINTS, INCLUDING LOAN ORIGINATION FEE. TO BE PAID BY THE BUYER,
TERMINAL DATE for Obtaining Financing Commi®mt 1 m % 5 . J
Broker may advise Buyer of possible sour" of mortgage funds, but cannot assume mponsibiliry for obtaining Buyer's mortgage. If rid loan cannot be obtained
u herein provided, this Agreement shall be NULL AND VOID and all deposit mania shall be resumed to the Buya on or before due of settlement as provided herein,
subject however to the prowdans In Paragraphs 6(b) and 6(c).
(b) Buyer shall make a completed application to a responsible lending institution for the said loan within talmdar days from the Sego's approval hereof.
Should Ne Buyer foil to make each complied application within the specified time, it shag be u the option of the Senn, within five IS) calendar days theeafter to:
(0 Regulation t at As r NULL AND VOID, u which dme, all monies paid on account will be forfeited to Sella is liquidated damagm• mbjm to the Rules and
Pennsylvania and Eaton: Commission. or
00 In absence of written notice to the Buret by the Seller dedwina Nls Aammeme Nlft t. ANr vntn
-•-'._.-• -._'- -'"-• •'- •'"m"'•e•'•.'•""•'•'•,a
to its terms in the same manna as If the caadidop and Owning
easy were not a pan hamr.
m
(c) Seger or Agent nun receive a written comitmrnt valid until the time of settlement, for the said loan, on or before the Terminal'-date as specified. If the said commitment
is not furnished with the tams as specified herein, ar 00 other terms accepted in writing by the Buyer, on or before the specified time, Sella shall have the option,
as that date, many ether time thereafter, during the norm of this Agreement, until, but not beyond the date of receipt of the win err em by the Sella, or the opts to Agent.
declare this Agreement NULL AND VOID, by written notice to Use Buyer of his/her decision to cancel. u which time all deposit m,nla paid an account 1W be counted
to the Buya-subject to the payment required. U espy, provided for in Paragraph 12(b): f0. (Ill. sad 1ju)-:. r .'• " ' • .
(d) Sella hereby agrees to permit inspections by amhorirrd appraisees, reputable certifiers and/or Buya u may be required by the leading Institution or inswing agencies.
let Sella hereby agree to pay additional mortgage discount points and/or lean miginatio8fec in case of a buyer obtaining flnucing final a leading institution requiring
any one or all of aforesaid fm, providing the total of said fees dots not acted _R of the amount of the montage.
7. STATUS OF WATER AND SEWER: Sella wananu thas this girl pmy h urvieed by - p ?< f weer and Jw ?.'•G f --
sewer. Furtha. Sella warrants that these systems tie fully paid for and, u of the dam of case agreement tie in satisfactory operating condition. If either afaraald system
is private, SWer warrants that he/she his no notice from the municipality or from municipal authonim that public water and/or sewn will be auessed or installed.
S. MUNICIPAL IMPROVEMENTS: Sella his no notion of municipal improvements (such as sidewalks, curbs, cc.) eaeem
Access to a public road may rtqui!S issuance of a Highway occupancy permit from the Dell
anmmt of Trwporation.
9. SEECIAL CLAUSE$'' < T ?r1Y :9.C T.•'Jf "/.'J'
to. O Buyer acknowledges receipt of Seller's Property Disclosure. -- -- -
11. ATTACHED ADDENDA are made a par of this Agreement: C Wood Infestation C Radon Diuloiuce C Private Water/OnSite Sewage CFHA/VA
e'Agrnry Relationship C Home Inspection C Lead Baud Paint 4 Dthef(s): A r' ' rt r /i'X. "
U. PERSONALTY: Ali existing plumbing, heating, air•condidwung and lighting futurn (including chandeliers and ceiling fans) and systems appurtenant thereto and fanning
a pan thereof, and other permanent fixtures, as well in all ranges. laundry tops, T,V, antennas, masts and rotor systems, together with wall to wall carpeting, scans. storm
sash and/or dean, shades, awnings, venetian blinds, couplings for automatic washers and dryers, me. radial,, coven, comics, water mnenen, kitchen cabinets, drapery
rods, drapery rod hardware, curtwn rods, mmmn rod hardware, all Creel, shubbery, plantings now In or an property, garage door operas, sheds: if any, unless specifically
.•n.n..11.....,....._.........,...1..1 .n.Fn 1i1.. 1-,n,,-l--w- V,1,1..,r,hn\1,,,\nm.•n,..,n•rl:,ram„h+lA.r.m.,,..,......F,,,,,.,..14..,\.. e..ll,. ,,ram •..m.", e...
ADDENDUM
This Agreement is made thiQ7kday of May, 1997 by and between Ramsay
Property & Rentals hereinafter known as Sellers and Donald & Cathy Adams 2770
Enola Rd Carlisle Pa hereinafter known as Buyers both as regard the property
situated at 107 Old York Rd New Cumberland Pa This addendum shall be
attached and made a part of sales agreement dated 5?f? _ by and between the
parties herein.
It is agreed as Follows:
To include 66 Mobile home pads, 41 Apartments, all equipment presently used to
maintain property including back hoe.
Offer is contingent upon Buyers accountant remarking on income and expense
report furnished by seller and buyer getting a more detailed inspection of property.
Both of these conditions meeting with buyers approval and contingencies removed
within 15 days of acceptance.
Buyer will give a $50,000 deposit upon acceptance, deposit to be placed in a interest
bearing escrow account with interest going to buyer until settlement is made.
Seller's Home, and office building with two apartments on second floor 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 granted 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 that
property meets all 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 his agent. Buyer to obtain equity
loan or sell personal resident for the balance of down payment.
Witness our hands and seal this Day of May, 1997
Witness:
EXHIBIT "C"
July 14, 1997
Mr. Donald & Cathy Adams
2470 Enola Road
Carlisle, Pa.
The $2,000,000 offer is acceptable for 65 Mobile Home pads,
41 Apartments including all equipment presently used to
maintain the property and the Backhoe.
a? YI
RichardWRamsay
Manager ;
IT
EXHIBIT "D"
STONE LAFAVER & SHEALETSBI
w snanr .n.n
ewmoa w .m.c roa. voce se. c JON a wwe.
utlo a .mna N.- l'vY.aunu. rA 17070
n, en,na.
G".60 J. OICY w
Munn. W. mms Ru?MOnC gin nafn.
..CJIwItR 0111 TI YIM
7e:ember i9, 1998
Marcus A. McKnight, III, Esquire
S: W. Pcmfret
Carlisle, ?A 170:3
REt Ramsay/Adams
Dear Marcus:
This will cOrfini our telephone conversation of December 18,
1958.
I propose tc settle the dispute between the Ramsays and the
Adama•s as follows:
A. The Ramsay[ will pay the sum of 527,500 to Mr. and Mrs.
Adams.
S. Ys, and Mrs, Adams will deliver general releases to
Richard Ramsay, Larry Ramsay and spouse, Lynn Ann White and
spouse, and Mary Lou Wolf. They would in turn release cSe
Ada.7a • s.
C. This offer is etntingent upon Mary Lou Woof's purchase
cf the pr:percy and her supplying the funds for this settlement,
whlth she has orally agreed to do. 8hculd sbe not fulfill this
premise and not purchase the prcperty, the offer would be
withdrawn.- We have co put a time limit on such an arrangement,
and I am suggesting Tan. 31, :999.
If you find this satisfactcry, please advise with some
writing that I can display to other counsel involved in the
transaction.
Vert truly yours.
STONE LePAVERR a SHEELETSKI
Charles H. Stcne
12/21/98 08:41 TX/RX NO.0556 P.001 E
EXHIBIT "E"
LAW OFFICES
IR WIN MCKNIGHT & HUGHES
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
RACERS. IRWIN
CARLISLE. PENNSYLVANIA 17013.3222
.
MARCUS A MCKNIGHT, 111
JAMES D. HUGHES (717) 249-2353
REBECCA R. HUGHES FAX (717) 249.6354
DANIELW DRARMENT E-MAIL: IMH LAW@AOL.COM
January 21, 1999
VIA FACSIMILE AND REGULAR MAIL
CHARLES H. STONE, ESQ.
STONE, LAFAVER & SHEIKLETSHI
414 BRIDGE STREET
POST OFFICE BOX E
NEW CUMBERLAND, PA 17070
Re: Ramsey & Adams Settlement
Dear Charles:
FILE COPY
This letter is to confirm that we have settlcd this case. Your clients have agreed to pay
Mr. and Mrs. Donald E. Adams and the sum of Twenty Seven Thousand Five Hundred and
no/100 ($27,500.00) Dollars. This payment will occur upon settlement between the Ramseys
and Mary Lou Wolf who is now purchasing the property.
Please confirm the settlement date, time and location.
Very truly yours,
IRWIN, Ivf6KIy',iGIR & HUGHES
A.
HAROLD$ IRWIN (19254977
HAROLD S, IRWIN. JR. 119541966)
IRWIN. IRWIN & IRWIN (19564986)
IRWIN. IRWIN A MCKNIGHT (1968• f9DA)
MAM/min
cc: Mr. and Mrs. Donald E. Adams
EXHIBIT "F"
GENERAL RELEASE
i
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
no/100 ($27,500.00) Dollars, the receipt of which is hereby acknowledged, has remised, released
and forever discharge, and by these presents, do for their heirs, executors and administrators,
remise, release and forever discharge MARY LOUSE RAMSAY WOLF, RICHARD W
RAMSAY, LARRY M. RAMSEY, MARGHERITA R. RAMSAY, LYNN ANN WHITE
and W. R. RAMSAY PROPERTY AND RENTALS (the "RAMSAYS"), their heirs,
executors, administrators, successors and assigns, of and 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, contracts, controversies, agreements, promises, variances,
trespasses, damages, judgments, extents, executions, claims and demands whatsoever, in law or
in equity, which against the "RAMSAYS", which they ever had, nor have or which their heirs,
executors 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 not limited to, any action arising out of the proposed purchase by Mr.
and Mrs. Adams of real and personal property of the "RAMSAYS" in Fairview Township, York
County, Pennsylvania, and any alleged contract or contracts for the same, written or oral, and any
statements, written or oral allegedly made by any of the "RAMSAYS", or any of their alleged
agents, employees, attorneys, accountants, or any other persons.
f
This RELEASE is a compromise of disputed claims or other alleged right to recover
against the "RAMSAYS", and any payment by the "RAMSAYS" pursuant to this RELEASE
is not to be construed as an admission of fault or liability for any purpose on the part of the
"RAMSAYS", and such fault and/or liability for any purpose on the part of the "RAMSAYS",
is expressly denied.
IN WITNESS WHEREOF, they have hereunto set their hands and seals the S day
of fit , to the year Nineteen Hundred and Ninety-Nine (1999).
0
Signed, sealed and delivered
D (SEAL)
DONALD E. ADAMS
w (SEAL)
CA IVY A. ADAMS
2
in the presence of
VERIFICATION
The foregoing Amended Complaint in Equity 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 statements herein made are subject to the penalties of 18 Pa.
C.S.A. Section 4904, relating to unswom falsification to authorities.
'411
DONALD E. ADAMS
CATH .ADAMS
Date: March '+0 2000
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
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
140.994227 EQUITY TERM
CIVIL ACTION - EQUITY AND LAW
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Amended
Complaint in Equity was served upon the following by depositing a true and correct 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, Jr., Esq.
JOHNSON, DUFFIE, STEWART & WEIDNER
301 Market Street
P. 0. Box 109
Lemoyne, PA 1 7043-0 1 09
Attorney for Richard W. Ramsay
Allen C. Warshaw, Esquire
DUANE, MORRIS & HECKSCHER, LLP
305 North Front Street, 5th Street
P. O. Box 1003
Harrisburg, PA 17108-1103
Attorney for Mary Louise Ramsay Wolf
IRWIN,
Larry M. Ramsay
1080 Tunnel Lane
Cazanovia, NY 13035
Margherita R. Ramsay
510 5th Street
Owego, NY 13827
Lynn Ann White
Light House Point
Palm City, FL 34990-4200
& HUGHES
Date: March 30, 2000
By: Dlarc<is MCI
60 West P fre
(717) 249-235_
Supreme Court I
Street, Carl
D.
PA 17013
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LAW OFFICES
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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 Ud/b/a
W.R. RAMSAY PROPERTY AND
RENTALS,
Defendants.
TO:
No. 99-4227 Equity Term
Civil Action - Equity
NOTICE TO PLEAD
Marcus A. McKnight, III, 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 Allen 'C. arshaw, Esquire
Attorney Id No. 17145
Mary Pat Patterson
Attorney Id No. 47620
DUANE, MORRIS & HECKSCHER LLP
305 North Front Street, 5th Floor
P. O. Box 1003
Harrisburg, PA 17108-1003
(717) 237-5500
Attorneys for Mary Louise Ramsay Wolf
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,
MARGHERITA R. RAMSAY,
LYNN ANN WHITE t/d/b/a
W.R. RAMSAY PROPERTY AND
RENTALS,
Defendants.
Civil Action - Equity
ANSWER OF DEFENDANT MARY RAMSAY WOLF
TO AMENDED COMPLAINT IN EQUITY
Admitted.
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 partnership.
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
partner in W R Ramsay Property & Rentals accepted, in a letter signed by Richard W. Ramsay,
the offer of the plaintiffs to purchase said real estate for the sum of Two Million and no/100
$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 EQUITY
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.
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/100 ($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.
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 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 Wolf is unable to form a
belief as to the truth or falsity of the remaining allegations contained in paragraph fifteen (15).
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/100 ($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 "B" 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
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/100 ($27,500.00) Dollars or, in the
alternative, agree to convey the subject real estate 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 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 belief for 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 MATTER
23. There are no writings setting forth the essential terms 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. Plaintiffsclaims 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 bared, in whole or in part, by the doctrine of lathes,
estoppel and bar.
31. Plaintiffs' claims are bared 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. 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.
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. Warshaw, Esquire
Attorney Id No. 17145
Mary Pat Patterson
Attorney Id No. 47620
Duane, Morris & Heckscher LLP
305 North Front Street, 5th Floor
P.O. Box 1003
Harrisburg, PA 17108-1003
(717) 237-5500
MCN52333.1 Attorneys for Mary Louise Ramsay wolf
FROM : FAX NO. :
JUL. -I1' CUTU) 11 04 CUANZ MORRIS k H1? OU:t VHu91,04 1999 09:09AM F3
VER IIF ICAT ION
1, Mary Louise Ramsay Wolf, hereby aver and state that I have read the fnregoing
document which has been drafted by my counsel The factual statements containeo therein arc
true and correct to the best oCmy knowledge, information and belief although the language is
that of Illy counsel and, to the extent that the content of the foregoing document is that of
counsel, I have relied upon cormsel in making this verilication.
Tbtis statement is muck subject to the penalties of 18 pa. C.S.A. 6 4904 relating to
ti sworn faW lication to autharitie3, which provides that if I make knowingly false statements,1
may be subject to criminal penaltim.
o ,pp
Mary u _e Ramsay elf j
7???c?Doo
CERTIFI .ATI OF SERVICE
On this 14th day of July, 2000, 1, 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, III, Esquire
Irvin, McKnight & Hughes
West Pomfret Professional Bldg.
60 West Pomfret Street
Carlisle, PA 17013-3222
C. Roy Weidner, Jr., Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Attorneys for Plaintiffs
Donald E. Adams and Cathy A. Adams
Attorneys for Defendants
Richard W. Ramsay, Larry M. Ramsay, and
Lynn Ann White
Patricia . lusko
a%
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LAW OFFICES OF
DUANE, MORRIS 8 HECKSCHER LLP
305 NORTH FRONT STREET. P.O. BOX 1003
HARRISBURG. PA 17108.1003
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
ANSWER OF MARY LOUISE RAMSAY WOLF
TO CROSSCLAIM
44. Denied. It is denied that there was any agreement between plaintiffs and
defendant Wolf or those acting on her behalf and that there was any obligation on the part of
defendant Wolf to pay any amount to plaintiffs. The remaining allegations contained in
paragraph forty-four of the CrosscWm consist of legal conclusions which require no response.
If, however, they are deemed factual, they are denied.
HBG152707.1
WHEREFORE, defendant Wolf respectfully requests that judgment be entered in her
favor and against the remaining defendants.
Respectfully submitted,
Date: 7/14/00 ,J
Allen C. Warshaw, Esquire
Attorney Id No. 17145
Mary Pat Patterson, Esquire
Attorney Id No. 47620
Duane, Morris & Heckscher LLP
305 North Front Street, 5th Floor
P.O. Box 1003
Harrisburg, PA 17108-1003
(717) 237-5500
HBG151733.1 Attorneys for Mary Louise Ramsay Wolf
HBO152307.1
FROM : FAX NO. :
J14. •l i' 00 (THIf l i,0G- uu.iN4, 6uxw A mti,AJM 1% Aug. a4 1999 O9:O8AM P2
VFRIFIC31???
1, Mary Louise Ramsay Wolf, hereby aver and state that I have read tile fb7cgcing
document which has been drafted by my counsel. The factual statements contained therein are
Lrae mid correct to the best of my knowiedge, inromiation and belief although the languago is
that of my counsel and. to the extent that the content ofthe foregoine document is that of
counsel, I lutve rolled upon counsel is making this verification.
'Phis statement is made subject to d,e penalties of 18 Pa. C'S n, § 4404 rclatirg to
unsw'oni I'alsifleation to authorities, which provides that if I rnnke kr0%%ingly folsc statements I
may he subject to criminal penalties.
4jar? foi':iw Ramsay Wolf
CERTIFICATE OF SERVICE
On this 14th day of July, 2000, I, Patricia Z. Glusko, a secretary in the law offices of
Duane, Moms & Heckscher LLP, hereby certify that I have served this day true and correct
copies of the foregoing ANSWER OF MARY RAMSAY WOLF TO CROSSCLAIM
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, III, Esquire
Irvin, McKnight & Hughes
West Pomfret Professional Bldg.
60 West Pomfret Street
Carlisle, PA 17013-3222
C. Roy Weidner, Jr., Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Attorneys for Plaintiffs
Donald E. Adams and Cathy A. Adams
Attorneys for Defendants
Richard W. Ramsay, Larry M. Ramsay, and
Lynn Ann White
P?
PatriciaC.-Glusko
aBG\52307.1
ii o }
uIC:
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O
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LAW OFFICES OF
1j' DUANE, MORRIS & FIECKSCHER LLF
J . 309 NORTH FRONT STREET, P.O. 00% 1003
HARRISBURG. PA 17900 1003
?1
Johnson, Duffle, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
DONALD E. ADAMS and
CATHY A. ADAMS, his wife,
Plaintiffs
V.
MARY LOUISE RAMSAY WOLF,
RICHARD W. RAMSAY, LARRY M. RAMSAY,
MARGHERITA R. RAMSAY, LYNNANN WHITE
tfd/b/a W. R. RAMSAY PROPERTY AND
RENTALS,
Defendants
NOT/CE TO PLEAD
TO: Donald E. Adams and Cathy A. Adams
c/o Marcus A. McKnight, III, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
Mary Louise Ramsay Wolf
c/o Allen C. Warshaw, Esquire
Duane, Morris & Heckscher LLP
P.O. Box 1003
Harrisburg, PA 17108-1003
AND NOW, this Zy of April, 2000, you are
NO. 994227 EQUITY TERM
CIVIL ACTION - EQUITY
hereby notified to plead responsively within twenty
(20) days of the date of service hereof, or judgment may be entered against you.
133653
Attorneys for Defendants Richard W. Ramsay,
Larry M. Ramsay, Margherita R. Ramsay and
LynnAnn White
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOHNSON, DUFFIE, STEWART & WEIDNER
By: _
C. Roy a ner, Jr.
gal-','
Johnson, Duffle, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
DONALD E. ADAMS and
CATHY A. ADAMS, his wife,
Plaintiffs
V.
MARY LOUISE RAMSAY WOLF,
RICHARD W. RAMSAY, LARRY M. RAMSAY,
MARGHERITA R. RAMSAY, LYNNANN WHITE
Ud/b/a W. R. RAMSAY PROPERTY AND
RENTALS,
Defendants
Attorneys for Defendants Richard W. Ramsay,
Larry M. Ramsay, Margherita R. Ramsay and
LynnAnn White
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4227 EQUITY TERM
CIVIL ACTION - EQUITY
ANSWER OFDEFENDANTS RICHARD W. RAMSAY, LARRYM. RAMSAY,
MARGHER/TA R. RAMSAYAND L YNNANN WHITE
TO PLAINTIFFS' AMENDED COMPLAINT
AND NOW, this 1,) day of April, 2000, come the above named Defendants, through their
undersigned attorneys, and answer Plaintiffs' Amended Complaint as follows:
1. Admitted.
2. Denied. On the contrary, Defendant Richard W. Ramsay resides at 3610 Logan Street, Apt.
5B, Camp Hill, Cumberland County, Pennsylvania, Defendants Larry M. Ramsay and Margherita R. Ramsay
reside at 509 Island Court, Indian Harbor Beach, Florida 32937 and Defendant LynnAnn White resides at
Lighthouse Point, 1206 W. Dyer Point Road, Palm City, Florida 34990. It is further specifically denied that
all of the named Defendants traded and did business as W. R. Ramsay Property and Rentals. On the
contrary, Defendant Margherita R. Ramsay was not an owner of the subject property or involved in said entity.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted in Part. Denied In Part. It is admitted that Plaintiffs continued to discuss the sale
of the property and increased their offer to $2,000,000.00 after May 7, 1997, the original offer of that date
having been declined by Defendants or those acting on their behalf. It is admitted that on or about July 14,
1997 Defendant Richard W. Ramsay wrote the letter, a copy of which comprises Exhibit "C" to Plaintiffs'
Complaint. That said letter constitutes a legally binding acceptance of any offer by Plaintiffs on the part of
answering Defendants is specifically denied.
7. Denied. On the contrary, after Defendant Richard W. Ramsay's letter, a copy of which
comprises Exhibit "C" to Plaintiffs' Complaint, efforts were continued to finalize the terms of any agreement
and reach a settlement.
8. Denied. After a reasonable investigation, answering Defendants are without knowledge or
information sufficient to form a belief as to the truth of this averment.
9. Denied. After a reasonable investigation, answering Defendants are without knowledge or
information sufficient to form a belief as to the truth of this averment.
COUNT I - IN EQUITY
FOR SPECIFIC PERFORMANCE AGAINST ALL DEFENDANTS
10. Admitted in Part. Denied in Part. Paragraphs 1 - 9 hereof are incorporated by reference
herein.
11. Denied in Part. Admitted in Part. It is denied that Plaintiffs received notification that
Defendant Mary Louise Ramsay Wolf refused to sell the property to them on or about August 26, 1998 for
the reason that after a reasonable investigation, answering Defendants are without knowledge or
information sufficient to form a belief as to the truth thereof. The remainder of this averment is admitted.
12. Denied in Part. Admitted In Part. The existence of any agreement on the part of
answering Defendants to sell their property to Plaintiffs is deemed denied as a conclusion of law to which no
responsive pleading is required. By way of further denial, any agreement or other legal obligation to sell the
property to Plaintiffs on the part of answering Defendants is specifically denied. It is admitted that the
answering Defendants ultimately agreed to sell the property to Defendant Mary Louise Ramsay Wolf.
13. Denied in Part. Admitted in Part. It is specifically denied that answering Defendants
reached a settlement or otherwise agreed to pay Plaintiffs the sum of $27,500.00 or any other sum in order
to sell the property to Defendant Mary Louise Ramsay Wolf, or for any other reason. It is admitted that they
have and continue to refuse to pay Plaintiffs that amount and any other amount.
14. Admitted in Part. Denied in Part. It is admitted that Plaintiffs signed the Release
comprising Exhibit "F" to their Complaint. The remainder of this averment is denied in that after a
reasonable investigation, answering Defendants are without knowledge or information sufficient to form a
belief as to the truth thereof.
15. Denied. This averment is deemed denied as a conclusion of law to which no responsive
pleading is required. Any breach of agreement on the part of answering Defendants is specifically denied.
16. Denied. This averment is deemed denied as a conclusion of law to which no responsive
pleading is required.
WHEREFORE, answering Defendants demand that Plaintiffs' Complaint against them be dismissed.
COUNT 11
BREACH OF SETTLEMENT AGREEMENT
AND BREACH OF CONTRACT AGAINST ALL DEFENDANTS
17. Admitted in Part. Denied in Part. Paragraphs 1 - 16 hereof are incorporated by reference
herein.
18. Denied. Any such agreement between Plaintiffs and answering Defendants is specifically
denied. On the contrary, any agreement to pay $27,500.00 was between Plaintiffs and Defendant Mary
Louise Ramsay Wolf or those acting on her behalf, and any obligation to pay that amount or any other
amount to Plaintiffs was solely the obligation of Defendant Mary Louise Ramsay Wolf.
19. Denied. The existence of the settlement averred in paragraph 18 of Plaintiffs' Complaint and
confirmation thereof by the correspondence comprising Exhibits "D" and "E" to Plaintiffs' Complaint are
specifically denied. Paragraph 18 hereof is incorporated by reference herein.
20. Denied. It is specifically denied that said Release was prepared and provided to Plaintiffs'
counsel by counsel acting on behalf of answering Defendants. On the contrary, it is believed, and therefore
averred, that the Release comprising Exhibit "F" to Plaintiffs' Complaint was prepared by counsel then
acting for Defendant Mary Louise Ramsay Wolf only and was executed by Plaintiffs at his request. The
remainder of this averment is denied in that after a reasonable investigation, answering Defendants are
without knowledge or information sufficient to form a belief as to the truth thereof.
21. Admitted in Part. Denied in Part. It is admitted that answering Defendants have refused to
pay Plaintiffs $27,500.00 or any other amount or to convey the subject real estate to Plaintiffs for the
reasons set forth in the foregoing paragraphs, which are incorporated by reference herein. It is specifically
denied that they have any legal obligation to do so.
22. Denied. This averment is deemed denied as a conclusion of law to which no responsive
pleading is required.
WHEREFORE, answering Defendants demand that Plaintiffs' Complaint against them be dismissed.
NEW MATTER
Affirmative Defense - Statute of Frauds
23. Plaintiffs' Complaint seeks damages and other relief from answering Defendants alleging that
answering Defendants failed to perform under the terms of a contract whereby answering Defendants were
to sell to Plaintiffs a certain tract of real estate.
24. The alleged contract upon which Plaintiffs' sue is governed by the statute of fraud relating to
the sale of real estate which requires, inter afia, a writing setting forth the terms and conditions of sale, the
consideration, a description of the property and which must be signed by the parties sought to be bound.
25. There is no such writing complying with the statute of frauds relating to the sale of the subject
real estate.
26. Because there is no such writing, the provisions of the statutes of frauds applicable to the
sale of real estate have not been complied with in respect to Plaintiffs' alleged contract.
27. Plaintiffs' cause of action on the alleged contract is barred by the defense of the statute of
frauds.
WHEREFORE, answering Defendants demand that Plaintiffs' Complaint against them be dismissed.
Affirmative Defense of Release
28. Plaintiffs' Complaint seeks damages from answering Defendants based on a claim that
answering Defendants breached a certain contract for the sale of real estate as is more specifically set forth
therein, but denied by answering Defendants.
29. On or about February 5, 1999, Plaintiffs executed a Release under seal, a copy of which is
attached to their Complaint as Exhibit "F", and incorporated for reference herein only, releasing, among
others, the answering Defendants.
30. Plaintiffs, having previously released answering Defendants on the cause of action on which
their Complaint is based, are barred from recovering against answering Defendants.
WHEREFORE, answering Defendants demand that Plaintiffs' Complaint against them be dismissed.
Affirmative Defense - Failure of Consideration
31. In the event that the circumstances averred in paragraphs 5 and 6 of Plaintiffs' Complaint are
found to be an offer and acceptance forming a valid contract, which is denied by answering Defendants,
then Plaintiffs were obligated to pay Defendants the sum of $50,000.00 as part of the consideration for the
agreement.
32. At no time prior to August 26, 1998 or at any other time did Plaintiffs pay the $50,000.00
consideration referred to above.
33. By Plaintiffs' failure to make payment of the $50,000.00 in accordance with the contract that
they claim, the existence of which is denied by answering Defendants, the consideration due under such
contract failed such that Plaintiffs' cause of action is barred.
WHEREFORE, answering Defendants demand that Plaintiffs' Complaint against them be dismissed.
Affirmative Defense of Laches
34. In the event that the circumstances averred in paragraphs 5 and 6 of Plaintiffs' Complaint are
found to be an offer and acceptance forming a valid contract, which is denied by answering Defendants,
then answering Defendants were obligated to settle with Plaintiffs on the sale of the subject real estate.
35. As set forth in paragraph 7 of Plaintiffs' Complaint, settlement had not occurred by August 13,
1998.
36. As set forth in paragraph 11 of Plaintiffs' Complaint, Plaintiffs knew or should have known by
August 26, 1998 that one of the participants needed to sell the property to them no longer intended to do so.
37. Plaintiffs learned that the property was to be sold to Defendant Mary Louise Ramsay Wolf.
38. At no time after learning of that, did Plaintiffs file a fis pendens in the Court of Common Pleas
of York County, Pennsylvania, where the subject property is situate.
39. At no time until the instant action was filed on July 12, 1999 did Plaintiffs to seek legal or
equitable relief as a result of the matters complained of in their Complaint.
40. The delay in filing a Complaint or otherwise taking action to prevent any sale of the subject
property by answering Defendants to Defendant Mary Louise Ramsay Wolf was due entirely to Plaintiffs and
to Plaintiffs' lack of due diligence in protecting their own rights.
41. Plaintiffs also failed to protect their rights by appearing at settlement on the sale of the
subject property or otherwise acting in a timely manner to collect the $27,500.00 from Defendant Mary
Louise Ramsay Wolf promised to be paid by her to Plaintiffs.
42. Answering Defendants have been prejudiced by virtue of the aforesaid delay and lack of
diligence on the part of Plaintiffs in the following respects inter afia:
A. They agreed to sell and did in fact sell the subject property to Defendant Mary Louise
Ramsay Wolf on or about January 29, 1999.
B. In doing so they relied on the agreement between Plaintiffs and Defendant Mary
Louise Ramsay Wolf that she would pay Plaintiffs the sum of $27,500.00 to settle any
claims by Plaintiffs against all Defendants.
43. Plaintiffs' cause of action against answering Defendants is, accordingly, barred by the
defense of laches.
WHEREFORE, answering Defendants demand judgment in their favor.
Affirmative Defense - Others Incorporated
Pursuant to Pa. R.C.P. 1019(g)
44. To the extent not set forth above, answering Defendants incorporate by reference herein
pursuant to Pa. R.C.P. No. 1019(g) defenses in the pleadings of any other party available to answering
Defendants in regard to Plaintiffs' claim or any crossclaim.
WHEREFORE, answering Defendants demand judgment in their favor.
CROSSCLAIM PURSUANT TO PA. R.C.P. NO. 2252(d)
Defendants Richard W. Ramsay, Larry M. Ramsay, Margherita R. Ramsay
and Lynn Ann White v. Defendant Mary Louise Ramsay wolf
44. Paragraphs 18, 41 and 42 hereof are incorporated by reference herein.
WHEREFORE, answering Defendants demand that the Defendant Mary Louise Ramsay Wolf be
found solely liable to Plaintiffs, that she be found jointly and severally liable to Plaintiffs, or that she be found
liable for contribution and indemnification.
:133653
JOHNSON, DUFFIE, STEWART & WEIDNER
y. -
?-- ??Roy Wei ner, Jr.
VERIFICATION
The undersigned says that the facts set forth in the foregoing answer to complaint are true and correct.
This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unswom falsifications to
authorities.
Richard W. Ramsay
Dated: If / I?/ 2WO
C ER T /F/ CA T E OF SERVICE
AND NOW, this ""day of April, 2000, the undersigned does hereby certify that she did this date
serve a copy of the foregoing answer to complaint upon the other parties of record by causing same to be
deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as
follows:
Marcus A. McKnight, III, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
Allen C. Warshaw, Esquire
Duane, Morris & Heckscher, LLP
305 North Front Street, 5ffi Floor
P.O. Box 1003
Harrisburg, PA 17108-1003
JOHNSON, DUFFIE, STEWART & WEIDNER
By. L
tichelle Hagy
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-Johnson, Duffle, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
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
APPEARANCE
NO. 99-4227 EQUITY TERM
CIVIL ACTION - EQUITY
AND NOW, this e o day of March, 2000, enter the appearance of C. ROY WEIDNER, JR., I.D.
19530 on behalf of Defendant Richard W. Ramsay in the above captioned suit.
:132251
Attorneys for Defendant Richard W. Ramsay
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOHNSON, DUFFIE, STEWART & WEIDNER
C. z2li, Jr.
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C ER T /F/ CA TE O F S ER V/ C E
AND NOW, this 8" day of March, 2000, the undersigned does hereby certify that she did this date
serve a copy of the foregoing appearance upon the other parties of record by causing same to be deposited In
the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Marcus A. McKnight, III, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
Allen C. Warshaw, Esquire
Duane, Morris & Heckscher, LLP
305 North Front Street, 5" Floor
P.O. Box 1003
Harrisburg, PA 17108-1003
Curtis P. Cheyney, III, Esquire
Swartz, Campbell & Detweiler
1601 Market Street, 34'h Floor
Philadelphia, PA 19103-2316
Larry M. Ramsay
1080 Tunnel Lane
Cazanovia, NY 13035
Lynn Ann White
Light House Point
Palm City, FL 34990-4200
Margherita R. Ramsay
51- 5" Street
Owego, NY 13827
JOHNSON, DUFFIE, STEWART & WEIDNER
By;
Michelle Hagy
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
CAPTION OF CASE
(entire caption must be stated in full)
DONALD E. ADAMS, AND
CATHY A. ADAMS, HIS WIFE
VS.
MARY LOUISE RAMSAY WOLFE,
RICHARD W. RAMSAY,
LARRY M. RAMSAY,
MARGHERITA R. RAMSAY,
LYNN ANN WHITE t/d/b/a
W. R. RAMSAY PROPERTY AND RENTALS
(Plaintiff)
(Defendant)
No. 4227 Civil 19 99
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's
demurrer to complaint, etc.): Preliminary Objections To Amended Complaint by
Defendant Marg Louise Ramsay Wolfe
2. Identify counsel who will argue case:
(a) for plaintiff: Marcus
RWIN, AMcKNIGHT . McKnight, VIII. Esquire
Address. 60 Pomfret Street HUGHES
Carlisle, PA 17013-3222
(b) for defendant: Allen L. Warshaw, Esquire
Address: DUANE, HARRIS b RECRSCHER LLP
305 North Front Street, 5TH Floor
P. 0. Box 1003
Harrisburg, PA 17108-1003
3. I will notify all parties in writing within two days that this case has
been listed for argument.
4. Argument Court Date: July 26, 2000
V-?
Dated:
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OUNALU 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
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 994227 EQUITY TERM
CIVIL ACTION - EQUITY
STATEMENT OF INTENTION
TO PROCEED
To: The Court of Common Pleas of Cumberland County and
Curtis R. Long, Prothonotary:
The Plaintiffs, Donald E. Adams and Cathy A. Adams, intend to proceed with the above-
captioned matter.
IRWIN
By:
60
Ca Isle, Pennsylva ' 17013
Su No. 25476
Counsel for Plaintiffs,
Donald E. Adams and
Cathy A. Adams
Date: October 24, 2003
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
IN THE COUKI UP I.VIVIRIVIV ra,cno yr
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 994227 EQUITY TERM
CIVIL ACTION - EQUITY
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served
upon the following by depositing a true and correct 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:
Curtis P.Cheyney, III, Esq.
Swartz Campbell Detweiler
1601 Market Street, 34'h Floor
Philadelphia, PA 19103-2318
Attorney for Defendant
Mary Louise Ramsay Wolf
C. Roy Weidner, Jr., Esq.
Johnson, Duffle, Stewart & Weidner
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
Attorney for Defendants
Richard W. Ramsay
Larry M. Ramsay
Lynn Ann White
Margherita R. Ramsay
IRWIN & McKNIGHT
By: arcus A cK ht, II, Esquire
60 West P mfret tre
Carlisle, PA 1701
(717) 249-2353
Supreme Court I.D. No. 25476
Date: October 27, 2003
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD E. ADAMS and
CATHY A. ADAMS, his wife,
Plaintiffs
No. 994227 Equity Term
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.
Civil Action - Equity
PRELIMINARY OBJECTIONS
TO AMENDED COMPLAINT OF
DEFENDANT MARY LOUISE RAMSAY WOLF
Defendant Mary Louise Ramsay Wolf, by her counsel, hereby makes the following
preliminary objections to the Amended Complaint:
I. Failure to Comply With Rules of Civil Procedure
Plaintiffs have attempted to state two separate causes of action.
2. Count I of the Amended Complaint seeks relief in equity in the nature of specific
performance for breach of an alleged agreement to sell real estate, a claim for which there is no
right to a jury trial.
3. Count II of the Amended Complaint seeks money damages for breach of an
alleged settlement agreement, a claim for which a jury trial could be permitted for material
contended questions of fact.
HBGW6738.1
4. Under Pennsylvania practice, a plaintiff may not join an equitable cause of action
with a legal cause of action.
WHEREFORE, Defendant Wolf respectfully requests that this Court dismiss the
Amended Complaint for failure to conform to the Rules of Civil Procedure.
II. Failure to State a Cause of Action for Breach of an Agreement for the Sale of
Real Property
5. Plaintiffs seek to enforce an alleged agreement for the sale of real property which
was not signed by defendant Mary Lou Ramsay Wolfe.
6. Plaintiffs have failed to produce a complete writing or writings setting forth an
agreement on material terms for the sale of real estate (i.e., the date of closing).
As a matter of law, the purported agreement is unenforceable because of a failure
to set forth a contract enforceable at law against Mary Lou Ramsay Wolfe.
8. Plaintiffs' claim is barred by the Statute of Frauds.
WHEREFORE, Defendant Wolf respectfully requests that this Court dismiss the
Amended Complaint insofar as it asserts that defendants breached an agreement for the sale of
real property.
III. Failure to State a Cause of Action For Breach of Settlement Agreement
9. Plaintiffs seek to set forth a claim that Defendants breached an alleged settlement
agreement.
10. In support of that claim, Plaintiffs have attached a letter to the Amended
Complaint which they claim confirmed the settlement. Amended Complaint, 119, Exhibit "D."
11. The letter which Plaintiffs' claim confirmed the agreement, issued by counsel for
parties other than Mary Lou Ramsay Wolfe, explicitly notes that the offer of settlement is
HW\467Je.1
contingent upon Defendant Wolf, r= alig, "supplying the funds for this settlement." Exhibit
"D." The letter goes on to note that "Should she not fulfill this promise ... the offer would be
withdrawn." Exhibit "D." Thus, it is clear that Defendant Wolf was not a party to the alleged
settlement agreement.
12. Because Defendant Wolf was not a party to the settlement agreement and the
documents indicate that the offer was not extended by her agent with her authority, she cannot
have breached that the alleged settlement agreement and the agreement is not enforceable against
her.
WHEREFORE, Defendant Wolf respectfully requests that this Court dismiss the
Amended Complaint insofar as it seeks to state a cause of action for breach of a settlement
agreement.
Respectfully submitted,
Date: 4///y/op
Allen C. Warshaw, Esquire
Attorney Id No. 17145
Duane, Morris & Heckscher LLP
305 North Front Street, 5th Floor
P.O. Box 1003
Harrisburg, PA 17108-1003
(717) 237-5500
Attorneys for Defendant
Mary Louise Ramsay Wolf
rr80wa73s.1
CERTIFICATE OF SERVICE
?y#L.
On this / / day of April, 2000, I, Sherry L. Weigel, a secretary in the law offices
of Duane, Moms & Heckscher LLP, hereby certify that I have served this day true
and correct copies of the foregoing PRELIMINARY OBJECTIONS TO AMENDED
COMPLAINT OF DEFENDANT MARY LOUISE RAMSAY WOLF 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, III, Esquire
Irvin, McKnight & Hughes
West Pomfret Professional Bldg.
60 West Pomfret Street
Carlisle, PA 17013-3222
Richard W. Ramsay
3610 Logan Street
P.O. Box 100
New Cumberland, PA 17070
Larry M. Ramsay
509 Aisland Court
Indian Harbour Beach, FL 32937
Lynn Ann White
Light House Point
Palm City, FL 34990-4200
Attorneys for Plaintiffs
Donald E. Adams and Cathy A. Adams
She6y L. Weig /
H60W6738.1
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A,
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
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO.99-/44 EQUITY TERM
CIVIL ACTION - EQUITY
ORDER OF COURT
AND NOW, this _Z day of July 1999, upon consideration of the attached Motion for
Preliminary Injunction, a hearing in the above-captioned matter its hereby set for J4.1!,.) ?--
*, 1999, at I'M o'clock, in Courtroom # „, Cumberland County
Courthouse, Carlisle, Pennsylvania.
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OF *: FIR) -?r
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99 JUL
FEA4JS (Urlvq AAY
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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
A,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO, 99-?A EQUITY TERM
CIVIL ACTION - EQUITY
ORDER OF COURT
AND NOW, this _ day of July 1999, after a hearing and on consideration of the
Plaintiffs' Verified Complaint in Equity and Motion for a Preliminary Injunction, and it appearing
to the Court that immediate and irreparable damage and injury will continue to result to the
Plaintiffs before the case can be fully heard on its merits if a preliminary injunction is not issued,
it is hereby ORDERED AND DECREED that:
1. The defendants are hereby enjoined from conveying any of the real estate or
personal property subject to this equity action without further Order of Court;
2. The defendants are ordered to account for the conveyance of any assets, both real
and personal, from February 5, 1999 to the date of the hearing.
3. This Order shall remain in full force and effect until such time as this Court
specifically orders otherwise; anti
`i
4. Plaintiffs may proceed in their action for such other and further relief as this Court
may deem appropriate, proper, necessary and just. rt•,
BY THE COURT,
J.
1 ,
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,
LYNN ANN WHITE t/d/b/a
W. R. RAMSAY PROPERTY AND
RENTALS,
DEFENDANTS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- EQUITY TERM
CIVIL ACTION - EQUITY
PLAINTIFFS' MOTION FOR
PRELIMINARY INJUNCTION
AND NOW, this 1 -
AND of July 1999, come the plaintiffs, DONALD E. ADAMS
and CATHY A. ADAMS, his wife, by their attorneys, Irwin, McKnight & Hughes, and as
prayed for in their Verified Complaint in Equity in this case, move this Court for a Preliminary
Injunction enjoining and restraining the Defendants, 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:
The plaintiffs are Donald E. Adams and Cathy A. Adams, his wife, who are adult
individuals residing at 2470 Enola Road, Carlisle, Pennsylvania 17013.
The defendants are adult individuals being Richard N.
? ' Ramsay who resides at 3610
Logan street, P. O. Box 100, New Cumberland, Cumberland County. 1)ennsylvania 17070; Larry
M. Ramsay who resides at 509 Aisland Court. Indian Harbour Beach. Florida 33937: Marv
Louise Ramsay Wolfwho resides at 3 Shawnee Road, Ardmore, pennsylvania 19(1(13-1619; Lynn
Ann White who resides at Light House point, palm City, Florida 34990-4?Op, and Margheri R.
Ramsay t/d/b/a W. R. Ramsay property and Rentals.
3.
The plaintiffs seek a penuanent injunction granting the relief set forth in the Equity
Complaint, a copy of which is attached hereto, marked as Exhibit "A" and made a part hereof.
4.
The plaintifts believe and hereby aver that the defendant, Mary Louise Ramsay Wolf,
and/or the defendants will seek to transli;r all or part of the real estate and equipment to others
which is the subject of this litigation.
5.
The plaintiffs believe shat if the defendants transfer any of the assets which are the subject
of this equitable action, the plaintiffs will he irrcp,u'ulrlY harmed and will he unable to recover
any property conveyed to third parties by the defendant, Mary Louise Ramsay Wolf, and/or the
other named defendants. 'file plaintiffs seek Lill accounting of the income and expenses and the
sale of any assets fi'ont February 5, 1999 io the date of the hearing.
ti
WHEREFORE, the plaintiffs seek a Preliminary Injunction which prohibits the
defendants from conveying any of the real property or personal property which is the subject of
the Complaint and an accounting of the income, expenses and assets from February 5, 1999 to
the date of the hearing.
Respectfully submitted,
IRWIN, MCJCNIGH,T & HUGHES
By:
Iviarcu? A. night, 1, Esquire
Att orney or p a1ntif
ll ald E. Adams a %d
Cath . Adams, his ife
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: July 12, 1999
D PLEADIN'CS-MAM ADAMSIXX'
ti %M
EXHIBIT A
_._ .. _..._. ''+..-? .-ate..
VERIFICATION
The foregoing Plaintiffs' Motion for Preliminary Injunction is based upon information
which has been gathered by our counsel and us in the preparation of this action. We have read
the statements made in this document, and it is true and correct to the best of our knowledge,
information and belief. We understand that false statements herein made are subject to the
penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities.
DONALD E. ADAMS
C HYA. ADAMS
Date: /z 1999
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
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- EQUITY TERM
CIVIL ACTION - EQUITY
NOTICE 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 this complaint, order 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 money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
Americans with Disabilities
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing
e
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
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-
EQUITY TERM
CIVIL ACTION - EQUITY
COMPLAINT IN EQUITY
AND NOW, this -12day of July 1999, comes the plaintiffs, DONALD E. ADAMS and
CATHY A. ADAMS, his wife, by their attorneys, Irwin, McKnight & Hughes, and makes the
following Complaint against the defendants, MARY LOUISE RAMSAY WOLF, RICHARD
W. RAMSAY, LARRY M. RAMSAY MARGHERITA R RAMSAY, LYNN ANN WHITE
and W. R. RAMSAY PROPERTY AND RENTALS as follows:
I.
The plaintiffs are Donald E. Adams and Cathy A. Adams, his wife, who are adult
individuals residing at 2470 Enola Road, Carlisle, Pennsylvania 17013.
t
7
The defendants are adult individuals being Richard W. Ramsay who resides at 3610
Logan Street, P. O. Box 100, New Cumberland, Cumberland 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 Shawnee Road, Ardmore, Pennsylvania 19003-1619; Lynn
Ann White who resides at Light House Point, Palm City, Florida 34990-4200, and Margherita R.
Ramsay t/d/b/a W. R. Ramsay Property and Rentals.
3.
On or about October 23, 1996, the Defendants placed their real estate for sale on the real
estate market. The property was located at 107 Old York Road, New Cumberland, Fairview
Township, York County, Pennsylvania. A copy of the Listing Agreement is marked as Exhibit
"A" and is attached hereto and made a part of this Complaint.
4.
On March 4, 1997, an agent for Jack Gaughen Real Estate, located in Cumberland
County, Pennsylvania, contacted the plaintiffs, Donald E. Adams and Cathy A. Adams, regarding
the purchase of the property owned by the defendants.
5.
On May 7, 1997, the plaintiffs made a forma! written offer to the defendants for the
purchase of the real estate consisting of 65 mobile home pads and 41 apartments for the sum of
One Million Nine Hundred Thousand and no/100 (S 1,900,000.00) Dollars. A copy of that offer
is attached hereto and marked as Exhibit "B" and is made a part of this Complaint.
1)
G.
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 no/100 (52,000,000.00)
Dollars. On July 14, 1997 the defendants, in a letter signed by Richard W. Ramsay, accepted the
offer of the plaintiffs to purchase said real estate for the sun of Two Million and no/100
($2,000,000.00) Dollars. A copy of said letter is attached hereto and marked as Exhibit "C" and
is made a part of this Complaint
7.
From July 14, 1997 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 financing through Mid-Penn Bank and Hood College which
was being used by the defendants to create a charitable Trust.
9.
The plaintiffs cashed stock, changed jobs and turned down promotions in order to be in a
position to own and manage the subject property to be purchased from the defendants. The
plaintiffs sustained in excess of Eighty-Nine Thousand and no/100 ($89,000.00) Dollars in
financial losses in order to be in a position to settle for the property.
3
10.
On or about August 26, 1998, the plaintiff's received notification that defendant, Mary
Louise Ramsay Wolf, no longer wanted to sell the property to the plaintiffs. In time, the
plaintiffs discovered that the defendant, Mary Louise Ramsay Wolf, sought to purchase said
property from the rest the defendants.
11.
Following extensive negotiations, the plaintiffs and the defendants 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/100 (527,500.00)
Dollars was paid by the defendants to the plaintiffs.
12.
The settlement 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.
13.
On January 26, 1999, counsel for the defendants faxed a General Release which was
signed by the plaintiffs on February 5, 1999, A COPY of the Release is attached hereto and
marked as Exhibit "F" and made a part of this Complaint. Said release was given to counsel for
the defendant, Charles Stone, who promise that payment would be forthcoming are defendants.
4
14.
Despite repeated requests, the defendants have failed to pay to the plaintiffs the sum of
Twenty-Seven Thousand Five Hundred and no/100 ($27,500.00) Dollars or, in the alternative,
agree to convey the subject real estate to the plaintiffs.
15.
The plaintiffs request that this Honorable Court grant a Permanent Injunction which
requires the following:
a. The payment by the defendants of the sum of Twenty-Seven Thousand
Five Hundred and no/100 ($27,500.00) Dollars; and
b. The payment of interest from the date of the Release, February 5, 1999,
to the date payment is made by the defendants to the plaintiffs; and
c. The payment of plaintiffs' legal tees; or, in the alternative,
d. The conveyance to the plaintiffs of the real estate consisting of 65 mobile
home pads and 41 apartments located at 107 Old York Road, New Cumberland,
Pennsylvania 17070; or, in the alternative,
e. The payment of the losses sustained by the plaintiffs in preparing to purchase
the subject real estate which exceeds the slim of Eighty-Nine Thousand and no/100
($89,000.00) Dollars; and/or
5
C The payment to the plaintifs ofall profits generated by the subject real
estate from the date the subject property Was conveyed by defendants to defendant,
Mary Louise Ramsay Wolf; and
g. 'T'han the defendant, Mary Louise R,vnsay Wolf, be enjoined from selling
any portion ofthe read estate or equipment without leave of this Court; and
h. The payment of the legal fees of the plaintiff; and
i. Any other equitable relief which the Court believes to be appropriate.
WHEREFORE, the plaintiffs, Donald E. Adams and Cathy A. Adams, request that a
Petmmnent Injunction be issued against the defendants as set forth above.
Date: July 12, 1999
IRWIN, NIcKNIGHT & HUGHES
60 Wesi Pomfret trees
Carlisle, Pennsylvan'
(717) 249-3353
Supreme Court I.D. No. 25476
Attorney for plaintiffs,
Donald E. Adams and
Cathy A. Adams, his wife
6
EXHIBIT "A"
TEL: Oct 13.9. 14:58 140.009 P.02
•n.. n. ?c,,ns IiX(H•USIVE: HIG11'1"10 SRIA.A(:RL•'IiMF:N'1' 4......,a.it's
at ibis bnrtnn FOR IlIE SAI.E OFC(TMMERCIAL REAL ESTATE XIS-1911q('
eomtmn rownwmn uwLlxntaor.umoan rxw 190
w,amno a.?Ost
VmAr-
1. TOM.. . ..nuns AO[?NT;
2. Vame...U..x, //1Q1N774'/A/ ? tap ?(?ryC `e,(y?yn 7n_
a..lot .... .,.. //6Pjs w6F>ti//?i?r??pap.c Ot- 7a-9?Lp
TN "--'0 PAOGCEIJSbDBROKER
PROPERTY ADDRESS i DESCRIIRION: ? LISTED PRICES Zr 700, evv
__ mL?l 7l(o2r. /1 A_ lL6UN/T MgPz tIS-941 q T
tjn / OFIeL' _ / _
Municipality /454/ SVtel- A Llp Cndc /7. P
7°ning Cleulflcadna of the prlgwnY: , "A[.. .- NH _
Deed hook No. Page No. Recording Dom Lot Illork _.
I°I Size 7 9 A f Approx. RuildinjiSquare Footage 7ka Pual Nn. __...
Owner Has Deer Advised al'Owner'sefutylodischoe materiel defeeuofzundldoru and knows ofnopmpOnydehmxcxxept
as follows;
OWNERS. tl n O ?F y f }' ty Lat1 LUO/F 4y_VA'
OI,VI)I'AN1',N ?Y P.?o/6.GlYC >'gPLJ
Address ,InZ 121 -02 N6.,J V Asyw•Q O p ._...__
'Wephone NO(s), 7/ -770-1970 •-??-?1'?¢'Z'
OCCUPANCY: O Owner D Vacant ?7knnn (O
If Immnl eceupled, specify:
1<ase'lenn(n) Total Amount Held for Security Depmbb)
Ulmx Monthly Real Renl lncluda
OWNER WILL PROVIDE, AGENT' WITH COPIES OF ALL LFASES,
TAX 'mm1R'roperty Toes Unpaid Assessmenta/Nodces
INFORMA'1'11IN 'llnnxfer 7kxea will hop.ldby
.5KE? /Ml /yfAfl eoNnFCr w/T7? /feoD 4"°e /.? .eEa:q,e10
ro
Owner WARaaU dial thin properly In served by: V11dF T7GV11-Shiste si
jimblie water ? well water >puhlic sewer a septic system
'I'I I'IM A NI I Ownerhereby warrants thnl0waerowusdlesubjca property lnfecrimpla, fseeandelearofel( Ilem,canenlmds nod enema.
PO.SSKNSH)N brances,except ns noted an this form and/oron puhlic rciord, risible And invisible, and tha(Ownar In legally tide it, sellm
cAthnugethepropedynsnRerul. - Ititagreedlhal possession willbigrenled to Buyorupon deliveryofA deed a»pecilted ht
this Agreement and upon die terns set fonh in this Agency.
Owner will furnish and execute o decd of lpectal warranty, conveying s good and marketable tide to the ptopctty.
Pnorsait i will he by deed slid, If applicable, mnignment of exbllog leaxe(s) and lender of security drptaigq lit
nclllemen4
Physical Possession will be ?}T ss, YTae MBM- __
I.EASINIt It Is further agmcd Ilmi Owner will not enter into of renew any lease during the term of this Agency except uv noted
here:
If Owner leuxes this property during file tennnf this Agency, Owneregrees to pay Agent of/hum lbrtutal
nggreasle lens a amount due and payable At the commencement ofthe lease and a like commisslon upon any smmwnl.
extension. holding over, exeenbcd option, or continued tenancy by the losses.
OWNrl0 C1 Sale and Sold Signs 1:1 Oenefnl Advertising O Key In OBlce 17 Filing In MLS
A11111111CIZKS
INSPI:CI'ION Doing tho lennnf this Agreemnd. Owner ngreexto permit AganforhWhersubigenls actors, lothlspropcny At icmumible
dates for the pugbse, of showing it to pmnpeelive purchasers.
AGRNI'.S AGENT :S FEE. is /=/?& 29 __ of/from the agreed sale price and I1 fo be paid ht U.S. Uullms.
1'F.H A AGENTS FEE IN TIE EVENTOF OLIVER DEFAULT Is J'a 9• of/from any monies paid on nrcoud.
IIXTTRATION COMMEN(:FME.N7' DATE. OF AGENCY EXI7RAIIONDATF OF AGENCY Ac?!?9' __
AGENTS FEE PROTEL711ON PERIOD for proApeedve buyers after ispirstlori'of Agency
IF OWNER HEMOVI!S THIS PROPERTY FROM THE MAH"T,BDFORE THE EXPIRATION DIVOt 01,11118
AGENCY. AGENI'S FF,F, WILL, HE
?--- _
1111; AGENTS FF.E AND THE TERM OF TITIS AGREEMENT HAVE BEEN DETERMINF.i) AS A RES1111 01
NEGOTIATIONS BF,TWEEN THE AGE.NTAND THE OWNER.
'1118 AGENT'S FEE AND EXPIRATION DATE. OF'I'HIS AGREEMENT HAVE NOT BEEN 1 STAIII.LS11FO OR
IIRCOMME,NGFD BY ANY ASSOCINHON OF REALTORS' OR BY ANY OTHER ORGANI7,RIION OIL
INOIVII)UAI-
BEFORE SIGNINGTHIS ACREEMENT (III. OWNER WAS INFORMED THAT THE AGEN'I'TS THE. AGEN'1'FOR
I IIE OWNER AND NOT TIE IIUVIli OWNER AGREES THAT AGE.NrS ItESPONSIBILITY l'O PRE;SFN'I'
01-VERS TERMINATES WITH AN ACCEPTANCE OFAN OFFER.
RECOVE:RV ARrrl llslnm Recovery Fund exists it) minibura any person who has obtained a final civil judgmeningainxt it Poimylvmtio
HIND real clinic li.ciaeeowing to fraud, m9representntion.ordecolt Ina Mal e,taictransacllo, andwho liesbeco annblc ttvoll",
Ihejudgmcnl ancroxhauating all legal Mind equitable rcinddies. Feieompletb`delills abdut the Eund.coll(717)1x3JdAR,
(OVER)
AGYNCY A
1a.NMR
PAIINRNI
ll()MAIN
110NAI7(IN
PR()1•ENIT
IWFF. OR
DE1N1S11'
ANSIGNS
CIVII.
RI(:11'IN
ACIN
(1111t.N
(UNI )i
TEL: Oct 13,98 14:58 1,10.009 P.03
EXCL(ISIVK NIUII'1 '1 U Sk.LI. AGNt;hMKNI' POH TNK BAIN. OP COMMP.NCIA1. HEAL PR I Alt.
,I wrvuulnrnxxsraAxu Aesocunoxor aeNJOaw gran
L, Imm?aldttallenofymngmmmnitnandrarorm Dmcntenabuyer,l(Ownra)hsnbysmplgyou (A{enl).t llwwde µulealm
JY or any camndun Ibg.m4 your aulhodly shall condom as le
It sold of exchanged dudnlt the how afraid Agamy. WIIRHGt
(A) IfyohI
(B) Orchids
with
listed
Oct orthe
). If the pmpetry Is dasnlnl during the term or IMe Want, 1 greo lo PIP You as :MAGre
PRICY' In lhb A,.MOL
a. Property Defeto Uledarm: '
will"$ .1 plow col
Ibis to Pumh.u it.,
Inmwny;
In whole m In put os mu,am
providing The progeny it um
leemnllhitilell,".,
debt It, Inns .pole m
: Pns:enlinge.
opal the "IJRI7:1)
(A) I mp nstra end was that I trimmest knowledge:
(1) that the pnmho hew boon conuminaled by any Iubsom, In any moon, which require, umWinlun,
(1) that Tlseproyenywmtalnswed lana,Erodplalm.eunyotherendronmensBPlNWm ams.denlmmnem Pfwbleb it
llmlled or prmluded by law.
(1) Obit the peoptny contains aheala or polychlorinated blithenyls a any ilher ,boons the remora or disPewal or
which hsubjam to any special mguiallon by low end "
(a) that any low has Non violated In the handling ordispe,IngorAnY material orwros or Ohs dlmharn army rnshdel Imo"
the Bull, sin surface meet. or ground webs, oacery as nand In NUAgmement
(N) You and I agree Thal you: .. :, I. is.
.
(1) at a Ilmnd real awl. blntm r .,
(Y) are not An&pan lnbonalroction. engineainj, or envimnmmut mahaNlind
(I) havenol ldideand shall nor mete any representations ai1msnantlnwith 8ibedlb.mtmndnal any lnvenlgntitmrol.
the enelmnmensl condition orsulrsbllity bribe pMperry, or 14 ridjhderhl Proptey, biHuding whenter:
11) The prcmha have ban contamdnAled by any aubtledm In BEY Matter that requires mmedislinn;
(h) List propary consist, wet lends. flood ppdne, or any other mdreMasRY antlilve AMA., Ilse drMopmm"s of
which b Heated or praeluded by law, ?fJ
(c) use property contains torrid. or Polyahlddnatd blDhehyli bi eery elbir fdbsnoA the mmnol m dh,ow,14
dhich it subject to inY opeela teguulloh by law and RI
(J) snysrwbabadn
solkdtmdese cost,vvi ntbchaiag thvera eortlsadlBuhaReohnymsiedel lnmebr
.. s or groundino weW.ler, ..of exccol aneed ed In In thheAp+InmL-.
(C) I agree to Indsmn ry and to hold you hamlet. from and against all clilmou dimUd4 at liability. Including ana oryr fort
andaaudmeu,which inns form oamrelated to the environmental coadl.lmoreddsbllly cribs proPen, Pdnmo,dnlb,,
at after my emupatlan of the pldpory Including withwl lMluNoo says.°
' (1) cenuminh11n9 or the prdpbry as denied to psngriph d(A%I);
'
(1) Penn= ofanyanvironmansliy within ems on the prepery as darned In pamgnph a(ARI);
(1) par u on she grainier ofsny substance, which am the subjectatparapoph e(ARI); err
(a) Holallon of-the Law a dw ilbod In Mmgnph A(A)[J)
m) Tim providons bhha Paragraph shall survive the patient era Prods A{Itelnlnt.
Y (A) Iagmsthalyou Mllreulndeposlh,rtludlevoftht formofPsymanlandlhs)MAtlhdal(naednpgehin Aneu.nwna.vnn
I. eramlanee Mllull applicable Is. Ina regulations until consummation or urminellon crony We or etchnit ehne army
occur is arMail 'or this Agency. .1" ' '
(n) Ns hall beymropllon to held anyunraahMcheck tendered a depallorhendmonlm,pending rho e.ic"Im" rof.ny,rte..
obtained car the property. I agent that in the event I join Into ln111hp on further Were ofdopo111 monta,I shall In Has list
your allomeH few and for sus
d Th6Naneyahtlllnutelo he benefit oGndbebinding upon list parties li mtoadlhdneeptavdin interested msemmhes,Min,
RuoNlsns, nalpns, and mtmdon. '
7. Seam and Faderel lawe rgadlugeivit rigld, in met as¢ its mncllinoapplypdmedlyto the Owner and Ilse Agent plow wrJhr
taws also apply so other persons lovnlvad In Ilse transaction. The provialuns of two ledml and these Stale laws art: err Nwebd
slgnidcnn..:
(A) THE CIVIL R10I175 ACT OF 1864; TMsecl provides lhil ill cllluniofrhaVnlted BSle, shall hove therantr ripdIn
Isla kpunhnn lose,erg,hold. rand convey rail or Personal Property hYldlese of rang
(ill 7IIE CIVIL RIOI ITS ACT OF JOIN:
• •(1) TITLE VIII, which applies Io it..j ccu or a houdag bestseller, prohibit, dhctiminatinn It, ean.ng nllinp err
leasing housing an the hratorRACV COLOR,RELIOION.SEXHANDICAP. FAMILIAL TTA7US(CIIIIJAWN
UNDP.RIIFORNATIONALORIUIN. NO PROPERTY 194REMPT,WHENLISTEUWIDeARROKi:Ie
(1) T17LII M pnddhls nee willful orettsmrn J Injury, ImiirelddloM1al la'And with any Person because of 11101pr
RACE, COLOR, RRIJOION. SPX HANDICAP, FAMILIAL STATU&I at NATIONAL ORIUIN In Ihr erllinu.
puenhniag, rtnsheF [wendna. or occupying or any dwelling or In conbradn{ or nsaetlW rag to, threat .. ....
' rental.fursncing. or eomWepon of any dwelling
ILI THEITENNSYVANIA HUMAN RELATIONS ACh Thilowpoldolt,dlrtnmlmdos. Neither[ mmys,mt,.
aalapenon may mi dlekk at initialndlemalon orengsge in any ram ofrolldsdan In regard he RACIL('UTAIK,
RELIOION,CII ANCESTRY. SEX NATIONALORIOIN LAND CAh,OR DISABILITY OR TO In USIi(0-A
GUIDE OR SUPPORT ANIMAL RECAUSn OFT In SIJNDNB99,15=91, OR PHYSICAL IIANOICAP UP
THEUSEROR nP.CAVSCTHBUSBR ISA ItANDLEROkIMIRth>.YdIRDBORBUPPORTANIMAI S. Its,
Act applies is. ; "ry "
1 (1) Prospective owners, secupmrs or ram of haudng nmemaoditi of cause dProPgnia;
(7) The Aelling lasing 0111 ..edag of housing aaommodstionl a commereJd aroprtlr.
' y, sans, mudlget, connenctlon lover, mist IIIlagon ltNns, repalrlmns, ahd/ar rise ntnuntt
' (dJ'hNanA who dd,lhel, Indic ortnmPll anmtreP to commis snybf Iha dlsedminsiey ert, oudlneJ nlmve.
ID)TIIEPENNSYLVANIARPALESI'A7T.IJCGN9BACT/ ThbatmatallushrMlforl lodealalebmbnrtralnprn„n
m Nnlrn the PENNSYLVANIA HUMAN REIATIONSACr.Incsuding$Mpdnl i ihddj with on Yalenlal.d111Rnlnl
Illegal dludmination In the rate or rental of the property se to be peailloed.''. ..rr
(E) TIIE PENNSYLVANIA ETIINIC INTIMIDATION ALT. This Act p?p?{dq fa,an Inere..e in the srvetl.y or rise
undedying apminal elsoRr and may ..evil in rho imposition of a. Rd7'1 afar Impriranmenl for hmoo.rnl by
cummunladnn, e.hninel mhchsef. anon, criminal Inertia, or doinp0lbh of pros whin melll.nd pry RAC 1,
C01,09, RBLI(11(IN. OR NATIONAL ORIGIN.
not Ibn h Peopeny wish another Ncnl if lbn{.mmem haomm rRmtlN dudN lhs arm of lid. Nrmy.
a. 16.11
AGENT OrY rMK.r11'(ti* A9RNL inwba OWNER '
IIY- OWNr•_..
DAT(? aa.?x >til IS BY _1J]
DA7M 19
/I
EXHIBIT "B"
AGREEMENT FOR THE SALE AND PURCHASE OF REAL ESTATE
This form recommended and approved for, but not restricted to,
use by members of the Greater Harrisburg Association of REALTORSm
E P AGENT FOR SELLER SUB AGENT FOR SELLER AGENT FOR BUYER
A. LICENSED BROKER PA. LICENSED BROKER EPA. LICENSED BROKER
This Agreement made this .? day of is %
r
1. PRINCIPALS Between, ' •' /"/' n r?i i t a i'•i' ;.. iA / ,r
(residing at / ") •J ?? c ./ ./. i • .r d _ ...rr• ,_ //./ .i )
hereinafter called Seller, and. U ?' ^ ` - •` rJ ?? rr' !! ' of •r • A :.'// i"
(residing at of !' r-
hereinafter called Buyer.
2. PROPERTY: Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: ALL.THAT CERTAIN Lot or piece
of ground with buildings, and improvements thereon erected, if any, known as: ZC
3. ZONING: Zoning Classification
Failure of this Agreement to contain the zoning classification except in cases where the property (or each parcel thereof, if subdividable)
is zoned solely or primarily to permit single-family dwellings shall render this Agreement voidable at the option of the Buyer and if voided
deposits tendered by the Buyer shall be returned to the Buyer without a requirement of court action.
4. TERMS: (a) Purchase Price
(S 1) 0
to be paid by the Buyer as follows:
(b) DEPOSIT Check C Call C. at the signing of this agreement, receipt of which is hereby acknowledged .. S '7 c /? ri r:
(e) ADDITIONAL DEPOSIT due on or before the r
day of . 19 ..................... S
(d) BALANCE OF PURCHASE PRICE at settlement
(cash. csnified check, and/or mortgage funds) ...................................................... $
,' ?- ?i
?r TOTAL ............... $ .
(e) Writtenapproval of Sella to he on or before the - day of r! ? 19 L. ,
(r) Settlement to be made an or before the 17,7g day of ? b r ? + r
(g) The following shall be apportioned pro.mta as of and u time of settlement: Taxes as levied and assessed, rents, interest on monpge assumptions, condominium fm
and homeowner association feu if any, water and/or sewer rents if any, together with my other Unable municipal services. AB Realty Transfer Taxes shad be divided
evenly unless otherwise provided herein.
PROPERTY SETTLEMENT CONTINGENCY: This agreement is subject to the settlement of Buyer's property located at
f?N••,tr;GG r. -
on or before ?• C< rit ??;Yr. r= r/ri F'I
FINANCING CONTINGENCY: This agreement is subject to the financing a follows:
(a) PRINCIPAL AMOUNT S /1
TYPE MINIMUM TERM
MAXIMUM INITIAL r
INTEREST RATE % ,MAXIMUM TOTAL POINTS, INCLUDING LOAN ORIGINATION FEE, TO BE PAID BY THE BUYER:
TERMINAL DATE for Obtaining Financing Commitment / - i 5 - //
Broker may advise Buyer of possible sources of mortgage funds, but cannot assume responsibility for obtaining Buyer's mortgage. If said loop cannot be obtained
as basin provided. this Agreement shall be NULL AND VOID and ail deposit mania shall be returned to the Buyer on or before due of settlement as provided herein.
subject however to the provisions in Puagraphs 6(b) and 6(d. -
(b) Buyer shall make ¦ completed appliatlon to a responsible lending institution for the said loan within edendu days from the Sefier's approval hereof.
Should the Buyer rut to make such win, ed appliauao within the specified time, it shall be is the option of the Sella, within five (d) Wendt days thereafter to:
(D Dedue sh s Agreement NULL AND VOfD, at which ume, all mania paid on account will be forfeited to Sella u liquidated damages, subject to the Rules and
Regulau an of o. Peonsylvmia Real Estee Comoaiadon. or
(ii) In absence of written notice to the Buyer by eh<Sead declaring this Agreement NULL AND VOID, the condition and mmingeney provided for in this Paragraph,
wgtther wich any other financing amtimgas-_ thee[ may be herein or endorsed batto, shall no longer prevail, and this Agreement shag remao effective according
. to its'-a Is he same m- as if the condiuom ad antingenry wise not a part haenf.
(c) Seller or Agent man receive a wrinen commitment valid enui the date of settlement, for the said loan, on or before the iermin sictue u specified. If the said commtment
is not furyy hM with the stems ar specified herein, or on other terms accepted in writing by the Buyer, an or before the specified due. Shca shad have the option,
a[ that date, or any other um< thera!ter, during the tam of this Agreement. until, but not beyond the date of receipt of the commitment by the Sella, or Agent, to
ro the Buyer. so Is jea to the payment required............ U V. liters
dee this this Agramem NULL AND VOID, by written oouce to the Buyer of his/her decision to anal, at which time all deposit monies paid on account shad be returned
dN for in Paragraph 12(b): (1). (Ii. and (BD..' ' •'' '•-'• .
(d) Seller hereby agrees to pemut inspections by authorized appraisers, reputable arufim and/or Buyer as may be required by the lending institution or insuring agencies.
(el Sella hereby agrees to pay additional mortgage discount points and/or loan originatio5fa in cue of a buyer obtaining financing from a lending Institution requiring
any one or all of aforeuid fees, providing the total of aid feu don not aceed _Ts of the amount of the mortgage.
STATUS OF WATER AND SEWER: Sella warrants this this property is caveat by wua and ---
sewer. Further, Sell" warrants that these systems are fully paid for and, as of the date of slits agreement are in satisfactory operating c ditimn. If citha afornald rystem
is private, Seller warrants that he/she has no notice from the municipality or from municipal authorities that public water and/or sewer will be utessed or imtallad.
MUNICIPAL IMPROVEMENTS: Seller his no notices of municipal improvements (such u sidewalks, curbs, etc.) incept
`^ J Access to a public road may require issuance of a Highway occupancy permit from the Department of Transportation.
SEECIAL CLAUSESL )? C Tr'/;
10. 1-1 Buyer acknowledges receipt of Settees Property Disclosure.
It. ATTACHED ADDENDA are made a pm of this Agreement: C Wood Infestation C Radon Discloiuu C Private Water/OnSite Sewage DFHA/VA
JeAgency Relationship C Home Inspection C Lead Based Punt C Olha(,J: 14 r ' i! ,
ir. PERSONALTY: All existing plumbing, healing, air-conditioning and lighting fixtures (including chandeliers and ceiling fans) and systems aDpunenanl lhereso and forming;
a pan thereof, and other permanent fixtures, as well as all angst, laundry tubs. T.V. antenna, ,is and rotor systems, together with wall to wall aarrppee??na, roam, norm
ash and/or doors, shade, awnings, vmaian blinds, couplings for aummatie washers and dryers, rte. radiator covers, comics, water saftenas, lheha abtnas. drapery
rods, drapery rod hardware. curtain rods. artanrod hardware. it] side, shubbery• plantings now in or on property, garage door openers. sheds; if any, unless specifically
•••..n•.A.. I... , • lr
..•n.-.-• ..•...n 1-1 ?rl- Vnn- ,,,""•.n...., , .•.A :.-ma.'-1, l.••nr-. „.......... 1-14.•• 4.. [..11 ., I- wrn.n,<n•,f•e.
ADDENDUM
This Agreement is made this-[ day of May, 1997 by and between Ramsay
Property & Rentals hereinafter known as Sellers and Donald & Cathy Adams 2770
Enola Rd Carlisle Pa hereinafter known as Buyers both as regard the property
situated at 107 Old York Rd New Cumberland Pa.This addendum shall be
attached and made a part of sales agreement dated by and between the
parties herein.
tt is agreed as Follows:
To include 66 Mobile home pads, 41 Apartments, all equipment presently used to
maintain property including back hoe.
Offer is contingent upon Buyers accountant remarking on income and expense
report furnished by seller and buyer getting a more detailed inspection of property.
Both of these conditions meeting with buyers approval and contingencies removed
within 15 days of acceptance.
Buyer will give a $50,000 deposit upon acceptance, deposit to be placed in a interest
bearing escrow account with interest going to buyer until settlement is made.
Seller's Home, and office building with two apartments on second floor 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 granted 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 that
property meets all 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 his agent. Buyer to obtain equity
loan or sell personal resident for the balance of down payment.
Witness our hands and seal this ,?7 Day of May, 1997
Witness:
Ci/ L! !!uY.Lrc?-?
EXHIBIT "C"
July 14, 1997
Mr. Donald & Cathy Adams
2470 Enola Road
Carlisle, Pa.
The $2,000,000 offer is acceptable for 65 Mobile Home pads,
41 Apartments including all equipment presently used to
maintain the property and the Backhoe.
RichardWRamsay
Manager
EXHIBIT "D"
..-?I -I q:W a,?,.gpH rZO, ;T:Vr I IFA.FF ;WtS 717 -7d :qn? p
STONE LAFAVER & SHEKLETSKI
cNfuu'(„ Raxc roR arnee 4m c .nx r i efvrn
ffOMf v(. CVWD No. rA 17070 reu xfr,
fwLf.RN Y. (Mx( .(LIYMnx(I1111 f14fUf
r. dIN II I. If l)I T. YM9
"..ccember l9, 199a
Marcus A. Mc5naghc, III, Esquire
6: N. P mfret
Carlisle, PA 170_2
RE: Ramsay/Adams
Dear Marcus:
1998This will confirm our telephone cprversaticn of December 18,
.
I propose to settle the d'spute between the Ramsays and tie
Adams's as fOllcws:
A. The Ram, ays will coy th<- Sum o_ S27,500 to Mr. and Firs.
Adams.
B. -. and Mrs. Adams will deliver general releases to
Richard Ramsay, Lard' Ramsay and spouse, Lzrnn Ars. white and
arouse, and Marv Lou Wolf. They would ir. turn release Che
Adams's.
C. This offer is contingent upon Nary Lou ilo_f's purehaee
of the property and her supplyao c-e funs for this settlement,
whz ch she has orally agreed to do. Shoup sne tct f'alfi_1 this
promise and not purchase the property, the offer would be
withdrawn. we have to put a time limit on such an arrangement,
and I am suggestin? Jan. 31, :999.
If you find .s satisfactory, please adv_se with, some
writing that I can display to other counsel _nvclved in the
transact-on.
Very truly yours,
STONE L&PAVER & s82KLETSKI
Charles H. Stone
12/21/98 08:41 TX/RX N0.0556 P,001 E
EXHIBIT "E"
' LAW OFFICES • ' '
IRWINMcKNIGHT & HUGHES
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
ROGERS IRWIN CARLISLE, PENNSYLVANIA 17013.3222 HAROLDS IRWIN 11925-1977)
MARCUS A. MCKNIGHL III HAROLD S. IRWIN. JR (19541966)
JAMES D. HUGHES (717) 249.2353 IRWIN. IRWIN S IRWIN (19564966)
REBECCA R. HUGHES FAX (717) 249-6354 IRWIN. IRWIN S MC6NIGHT (19664994)
DANIEL W. DeARMENT E-MAIL: IMH LA W(gAOL.COM
January 21, 1999
VIA FACSIMILE AND REGULAR MAIL
CHARLES H. STONE, ESQ.
STONE, LAFAVER & SHEKLETSKI
414 BRIDGE STREET
POST OFFICE BOX E
NEW CUMBERLAND, PA 17070
Re: Ramsey & Adams Settlement
Dear Charles:
FILE COPS'
This letter is to confirm that we have settled this case. Your clients have agreed to pay
Mr. and Mrs. Donald E. Adams and the sum of Twenty Seven Thousand Five Hundred and
no/ 100 ($27,500.00) Dollars. This payment will occur upon settlement between the Ramseys
and Mary Lou Wolf who is now purchasing the property.
Please confirm the settlement date, time and location.
Very truly yours,
IRWIN, IvjEKNjGH,T) & HUGHES
A.
MAIN/min
cc: Mr. and Mrs. Donald E. Adams
EXHIBIT "F"
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
no/100 ($27,500.00) Dollars, the receipt of which is hereby acknowledged, has remised, released
and forever discharge, and by these presents, do for their heirs, executors and administrators,
remise, release and forever discharge MARY LOUSE RAMSAY WOLF, RICHARD W
RAMSAY, LARRY M. RAMSEY, MARGHERITA R. RAMSAY, LYNN ANN WHITE
and W. R. RAMSAY PROPERTY AND RENTALS (the "RAMSAYS"), their heirs,
executors, administrators, successors and assigns, of and 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, contracts, controversies, agreements, promises, variances,
trespasses, damages, judgments, extents, executions, claims and demands whatsoever, in law or
in equity, which against the "RAMSAYS", which they ever had, nor have or which their heirs,
executors 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 not limited to, any action arising out of the proposed purchase by Mr.
and Mrs. Adams of real and personal property of the "RAMSAYS" in Fairview Township, York
County, Pennsylvania, and any alleged contract or contracts for the same, written or oral, and any
statements, written or oral allegedly made by any of the "RAMSAYS", or any of their alleged
agents, employees, attorneys, accountants, or any other persons.
r +
This RELEASE is a compromise of disputed claims or other alleged right to recover
against the "RAMSAYS", and any payment by the "RAMSAYS" pursuant to this RELEASE
is not to be construed as an admission of fault or liability for any purpose on the part of the
"RAMSAYS", and such fault and/or liability for any purpose on the part of the "RAMSAYS",
is expressly denied.
IN WITNESS WHEREOF, they have hereunto set their hands and seals the ,.5 "-day
of " ht in the year Nineteen Hundred and Ninety-Nine (1999).
Signed, sealed and delivered
2
(SEAL)
DONALD E. ADAMS
jPrA 04 4404 (SEAL)
CAT W A. ADAMS
in the presence of
VERIFICATION
The foregoing Complaint in Equity is based upon intbnnation which has been athered
by our counsel and us in the preparation of this action. We have read the statements made in this
document, and it is true and correct to the best of our knowledge, information and belief. We
understand that false statements herein made are subject to the penalties of is Pa.C.S.A. Section
4904, relating to unswom falsification to authorities.
DONALD E. ADA,YIS
_6? ?q 44"'ts
CA YA. ADA,1JS
Date: ?2 , 1999
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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
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 994227 EQUITY TERM
CIVIL ACTION - EQUITY
ORDER OF COURT
AND NOW, this -i- day of August 1999, the hearing in this case set for August 4,
1999, at 1:30 p.m. is generally continued in order for the named defendants to be served and for
the parties to determine whether this case can be resolved without a hearing. Counsel for the
plaintiffs may reschedule the hearing regarding a Preliminary Injunction.
BY THE COURT
Edgar B. Bayley,
cc: Allen C. Warshaw, Esquire
Attorney for Mary Louise Ramsay Wolf
Marcus A. McKnight, QI, Esquire
Attorney for Donald E. Adams and Cathy A. Adams
Mr. Richard W. Ramsay
Mr. Larry M. Ramsay
Ms. Lynn Ann White
Ms. Margherita R. Ramsay
C'o-?.toJ?n,nal?aC. ??S"J99.
C, r_
_,
?,-. ?: -
?-: .,
,__ Jl J
",
- -?
i :3-
4 U
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-04227 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ADAMS DONALD E ET AL
VS.
WOLF MARY LOUISE RAMSAY ET AL
BRIAN BARRICK , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - EQUITY was served
upon RAMSAY RICHARD W the
defendant, at 19:50 HOURS, on the 10th day of August
1999 at 3610 LOGAN STREET APT 5B
CAMP HILL, PA 17011 CUMBERLAND
County, Pennsylvania, by handing to RICHARD W. RAMSAY
a true and attested copy of the COMPLAINT - EQUITY
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00
Service 9.30 P
Affidavit .00
Surcharge 8.00 AC?I omas ine 5 ri
$35:30-IRWIN, MCKNIGHT & HUGHES
08//13/1999
by /f
Deputy eri
Sworn ?a 9nd?Jsubscribed t before me
this (= O- t day of
19 A.D. , IL
ro on ary
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-04227 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ADAMS DONALD E ET AL
VS.
WOLF MARY LOUISE RAMSAY ET AL
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: RAMSAY MARGHERITA R
T/D/B/A W R RAMSAY PROPERTY
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of YORK County, Pennsylvania.
to serve the within COMPLAINT - EQUITY
On August 13th, 1999 , this office was in receipt of
the attached return from YORK County, Pennsylvania.
Sheriff's Costs: So answers:
Docketing 6.00
Out of County 9.00
Surcharqe 8.00 omas
DEP. YORK CO 45.40
08/13/1
& HUGHES
Sworn andqubscribed o before me
this a. day of Lt
19_Qj_ A.DJ41t
Q
•
ono ary
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 1999-04227 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ADAMS DONALD E ET AL
VS.
WOLF MARY LOUISE RAMSAY ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according to law,
served the within named DEFENDANT, RAMSAY LARRY M
by United States Certified Mail postage prepaid, on the 14th day of
July 1999 , at 8:00 HOURS, at 509 AISLAND COURT
INDIAN HARBO BEACH, FL 32937
a true and attested copy of the attached COMPLAINT - EQUITY
together with NOTICE
The returned receipt card was signed by
on 0/00/0000.
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 1999-04227 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ADAMS DONALD E ET AL
VS.
WOLF MARY LOUISE RAMSAY ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according to law,
served the within named DEFENDANT, WOLF MARY LOUISE RAMSAY
by United States Certified Mail postage prepaid, on the 14th day of
July 1999 , at 8:00 HOURS, at 3 SHAWNEE ROAD
ARDMORE, PA 19003-1619
a true and attested copy of the attached COMPLAINT - EQUITY
together with NOTICE
The returned receipt card was signed by M. WOLF
on 7/19/1999.
Sheriff's Costs:
Docketing
CERT MAIL
Affidavit
Surcharge
ggubscribed
( i day of
So
6.00
5.00
8.00 44?? ?2
lb 08/13%1?1
GHT & HUGHES
yx
e
F
f
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 1999-04227 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ADAMS DONALD E ET AL
VS.
WOLF MARY LOUISE RAMSAY ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according to law,
served the within named DEFENDANT, WHITE LYNN ANN
by United States Certified Mail postage prepaid, on the 14th day of
July 1999 , at 8:00 HOURS, at LIGHT HOUSE POINT
PALM CITY, FL 34990-4200
a true and attested copy of the attached COMPLAINT - EQUITY
together with NOTICE
The returned receipt card was signed by L A WHITE
on 0/00/0000. Return Card not Dated by Post Office Personnel
V
FA R'S , A h h ^ A4 h P", IN, ^ Sk .a4 lr\
COUNTY OF YORK
(z of 2) OFFICE OF THE SHERIFF SERVICE CALL
(717) 771-9601
28 EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE INSTRUCTIONS
PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12
DO NOT DETACH ANY COPIES.
1.PWNTIFF/SI 2. COURT NUMBER 99- iv1
Donald E. Adams, et. al. 4. TYPE OF WRIT OR COMPLAINT 2 Papers
3. DEFENDANTS/ Not. & Comp./Equityand
Mary Louise Ramsay Wolf, et. al. Order of Court
SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD.
Mar9herita R. Ramsay, t/d/b/a W.R. Ramsav Property Rentals
5. ADORE S (STREET OR RFD WITH B X NUMBER, APT NO., CITY, BORO, TWP., STATE ANU ZIP C DE
AT 'i$?Y°r-k- Road-,- Cumberl-a 0
7. INDICATE SERVICE: OPERSONAL O PERSON IN CHARGE «DEPUTIZE CUR1ItI6E9d_WSYd OISTCLASSMAIL 13 POSTED DOTNER
COUNTY to executtema a rotor --- lot c ording
to law. This deputation being made at the request and risk of the plaintiff. ?•°C SHERIFF OF 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
?1 ? Cumberland
u?r: tnecv-ee.e? "resg S/O 5 h V e,
C)1Ae?v N.y. rs;
/8 v? 7 `° °
T
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under witylaW I Imam
same without a watchmen, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such depu8ygr th r#yo f5y
plaintiff herein for any bas, destruction, or removal of any property before shedirs sale thereof. 7; -n TT
9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER . DATE F"DC
n0
Marcus A. McKnight, III, Esq. 7/1.t/9 O
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed It notice is to be mailed). =_T
Cumberland County Sheriff 7_') _171
SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
13.1 acknowledge moeipt of the writ SIGNATURE OF AUTHORIZED CLERK 14. Date Received 15. ExpiralionOGOMDOC IN
Orcomplaint asindicated above. B. Feeser 7/16/99 8/12/99
i6.HOVISERVED: PERSONAL( ) RESIDENCE ( ) POSTED( POE () SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS
17.OU hereby eertffv and return a NOT FOUND because I am unable to locale the individual. Comoanv romoralion. ate. named ahove. ISea mmarke helowI
(S:
I?
Yr1 ie CK
7110] q ri 15) O 5u 1'? J r h Cc?\-H-a•+?c
•I C?cI,.-.• y
?..q p /(J.?/. O
Q LL)
f3Ya•7
23. Advance Costs 24. Service Costs 25. N/F 28. Mileage 27. Postage 23. Sub Total 29. Pound 30. Notary Fee 31. Surcharge 32. Total Costs 33. Cast Due or Refund
34. Foreign County Costa 35. Advance Casts 36. Service Costs 37. Notary Cen. 38. MileagwPOStaga/N.F. 39. Toler Costs 40. Cost Due or Ralund
2
d SO ANSWER.
I1.AFFIRM is
ARIAI ti n
2 d4. Signature
Shent!
47. Dale
42. day of tgl
ME SHAFFE
45. Signature of York
C
t
Sh
ff
2
48. Data
43. Y O
7 Tom,
I E
W
i oun
y
eri
,-
WILLIAM M. HOSE, SHERIFF
7/22/99
P IY c
COMMISSION EXPIRES - y jig '
O a 46. ignatureo Foreign
Coun Shenff 49. Date
50. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SI GNATURE 51. Dale Rece ivetl
OF AUTHORIZED ISSUING Al ITHORITY AND TITLE
1. WHITE - Issuing Authority 2. PINK • Anomoy 3. CANARY - Sherims Office 4. BLUE -Sheriff's Office
COUNTY OF YORK
(1 of 2) OFFICE OF THE SHERIFF S(71 )1771 9 CALL
01
28 EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE INSTRUCTIONS
PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12
1. PLAINTIFF/B/ DO NOT DETACH ANY COPIES.
Donald E. Adams, et. al. 2. COURT NUMBER - 1V1
3. DEFENDANT/& 1. TYPE OF WRIT OR COMPLAINT 2 Papers
Mary Louise Ramsay Wolf, et. al. Not. & Com./Equity and
--- - ^-'
70
i9SHERIFFOF (COUNTY, 0 to 1ST C by LASS MAIL
OOTNi
deputl 0POSTED
riff of
to law. Title deputation being made at the request and rlek Of COUNTY plla r %acute It o Ing
S. SPECIAL INSTRUCTIONS OR O7HEq INFORMATION THAT WILL ASSIS7IN E%PEOfTINO SEgVICE:
Cumberland
r N o? 1 KQ70vcr GC. ?
ADVANCE FEE PD By CUMBERLAND COMM SHERIFF 2hi(p 10 o?//tea SwdOG{ e?
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVE
R OF WATCHMAN •mT7 f ! I Y
same wldtout a watchman, In custody of whomever is found In Any deputy sheriff levyin u
plelnfM herein for m possession, affer nou In S Pon or attaching any Property---
n within writ may leave
y loss, destruction, or removal of any sheriffs y sale thereof, Person of levy or ahachment, without liability on
9. TYPE NAME AND ADDRESS of AT70RNEY/OgIBINATOH the pen of such tlepuy er the sheriff to any
antl SIONATURE
Marcus A. McKnight, III, E$Q. 1st TFI Founuv u, ... __
Cumberland County
SPACE
13.1 acknowledge recelpt of the writ
of complaint as indkated above.
18.HOW SERVED: PERSONAL( )
00 9
MhSIDENCE ( )
must
42. day of "ru BMIFFER, No" Pbbb 9 45. Signature of York
Cau1y Sheriff
43. WILLIAM M. HOSE, SHERIFF???
Pmtnwiyag. rY Pugb ..
I. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - SherlMS Office 4. BLUE - SheriMS Office
Sheriff
8/12/99
7 SEE REMARKS
C)P*
133. Cost Due Refund
$54.60
. Cost Due or Refund
7/22/99
i
u• -- 111CK1 ?_, Cu T-Qi Cot"")-t/
1
SENDER.
f • COmplelo nemst mNor 2 for rddlii aerates.
Pft I a • Complela aoms 3, an, antl •Ib
t Card drifters.. e and oduress an the iovOrso of this form so rest wo can'-furl, this
r N Cfis to yo
r • Allach I uhu loch to 1110 Iront 01 1110 maJmoce, or 01) the back it space does not
porn"
m arise Reach Aacoipl0 Woo the arocliecoCorner lero
i L •The Return R acoipt wil1 l show show 1 to whom the onicle was Ontiveros and antl the dale
debvarod.
M1n dale
0 3. Article Atldressetl to: 4a. A far I
r?
'o. Mary Louise Ramsay Wolf
E 3 Shawnee Road 4b. service
lso wish to receive the
llo inng services (lot an
F
tra lee):
1.11 Addressee's Address -?'
2. Q Restricted Delivery
Consult postmaster for lee. g
mber
33? .??1
3 P I
e
y
$ Ardmore, PA 19003-1619 Registered g Cercdied
? Express Mail g Insured ce '
? Return Receipt or Merchandise ? COD
7. Date li Cx
5. Received By: (Pnnr Name) B. Adtl,a ee's dress (Only it requested
and lee is paid) c
`
6. ure: (tl 17W"')
0
T
"-' PS Form 3811, Decemb 1994 1o2s9sse a-0229 Domestic Return Receipt
99-4227 Civil.
o SENDER,
• Complete items I am?cr 2 for additional sensces. I also wish to receive the
w • Complete items 3.4a, ano 4b.
• RAn' your name and address on the inverse of this tone so that we can forum this extra feg services per an
aam to yyou
It . Be):
p each this farm to the front of the meilpiace. or on the back it space does not It" efmif. 1. 13 Addressee's Address A
(d •Wtlle'Refum Receipt Requeste0'on the mailpiece below the article number. 2. O Restricted Delivery Z
L • rho Return Receipt will show
delivered. to whom the article was delivered and the date
ai
0 3. Article Addressed to: Consul[ postmaster for fee. W
2 4a. Article Number
ja Lynn Ann White z 013 337 693
18 -ight House Point 4b. Service Type E
aI
2alm City, F1 34990-9._'00 Registered) Certified
? Express Mail El insured
? Return Receipt for Merchandise ? CODS
7. Date of Deliveryo`
5. Received By: (Print Name) c '
e. Addressee's Address (Only it requested a I
and lee is paid)
6. Sig ure:re per Agent) m
'o X 9c
r
PS Form 3611, December 1994
1025949e90 229 Ilnmoelin 0..,. .._ .?_. I
i';
s
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I
Moil
IFirst
-Class
1 I
UNITED STATES POSTAL SERVICE-- I I I I
I sLage &
Ppsla B & Fees Peltl
J usBS._ -
If I . N
Pdrmi! a G10 -
,
?
address; and ZIP Gode in thi
1rIB, 8
• Pint your n s box - '
12
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It. Thomas KgLle, Shy it
Comity of Cumberland
i t' curt House I
Carlisle, PA 17013
I ? '
I UNITED STATES POSTAL SERVICE C"IA E4L? 'M
i o. G.
- -
• Print your nameS ZIP COZZzij LOX!',
------------
i
i lit. ? }7??lQS ?fftiC, ?IEf?Yf
Cciunty of Cusnbe-lan
l d
Czulisie, PA 1'1013
i
11„111,1,111„1„11111111111111 11111111111111111,11111111111111111111111111111
i
_ .l
i
ii
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
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- 41'?IQUITY TERM
CIVIL ACTION -EQUITY
NOTICE TO DEFEND
You have been sued in court.
f°II°wing pages you If you wish to defend against the cl
, b must take action within twenty (20) days after this complaint, s in the
notice ?, y entering a written appearance personally or b set forth
with the court your defenses or objections to the claims set fo
that if you tail to do so Ole case by may proceed
you by the court without without you and a judgment you. You are warned
further money claimed in the complaint dgment may be entered a
requested by the plaintiff. You may lose or for any other claim or against
Y money or property or other rights important to you,
YOU SHOULD TAKE THIS PAPER T'O YOUR LAWY
HAVE A LAWYER, OR CANNOT AFFORD ER AT ONCE. IF YOU DO NOT
OFFICE SET FORTH BELOW TO FIND OUT WHERE E TO OR TELEPHONE THE
RE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 1701RUE COPY (717) 249-3166 In T FROM RECp1
1-800-990-9108 aw " S" rttol, l here Unt Wi i
r?d. . ?,r t _ ?a CouR as
Act of
1990 `
The Court
of Common Pleas of Cumberland County is required by law to comply Americans with Disabilities Act of 1990, for information about accessible facilities and reasonable
accommodations available to disabled individuals having business before with the
office. All arrangements must be made at least 72 hours prior to any hearing or business b
the court, please contact our
court. You must attend the scheduled conicrence or hearing
before the
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,
LYNN ANN WHITE t/d/b/a
W. R. RAMSAY PROPERTY AND
RENTALS,
DEFENDANTS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 90- EQUITY TERM
CIVIL ACTION - EQUITY
COMPLAINT IN EQUITY
AND NOW, this day of July 1999, comes the plaintiffs, DONALD E. ADAMS and
CATHY A. ADAMS, his wife, by their attorneys, Twin, McKnight & Hughes, and makes the
following Complaint against the defendants, MARY LOUISE RAMSAY WOLF, RICHARD
W. RAMSAY, LARRY M. RAMSAY NIARGHERITA R RAMSAY, LYNN ANN WHITE
and W. R. RAMSAY PROPERTY AND RENTALS as follows:
The plaintiffs are Donald E. Adams and Cathy A. Adams, his wife, who are adult
individuals residing at 2470 Enola Road. Carlisle, Pennsylvania 17013.
2.
The defendants are adult individuals being Richard W. Ramsay who resides at 3610
Logan Street, P. O. Box 100, New Cumberland, Cumberland 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 Shawnee Road, Ardmore, Pennsylvania 19003-1619; Lynn
Ann White who resides at Light House Point, Palm City, Florida 34990-4200, and Margherita R.
Ramsay t/d/b/a W. R. Ramsay Property and Rentals.
3.
On or about October 23, 1996, the Defendants placed their real estate for sale on the real
estate market. The property was located at 107 Old York Road, New Cumberland, Fairview
Township, York County, Pennsylvania. A copy of the Listing Agreement is marked as Exhibit
"A" and is attached hereto and made a part of this Complaint.
4.
On March 4, 1997, an agent for Jack Gaughen Real Estate, located in Cumberland
County, Pennsylvania, contacted the plaintiffs, Donald E. Adams and Cathy A. Adams, regarding
the purchase of the property owned by the defendants.
5.
On May 7, 1997, the plaintiffs made a formal written offer to the defendants for the
purchase of the real estate consisting of 65 mobile home pads and 41 apartments for the sum of
One Million Nine Hundred Thousand and no/100(SI,900,000.00) Dollars. A copy of that offer
is attached hereto and marked as Exhibit "B" and is made a part of this Complaint.
1)
G.
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 no/100 ($2,000,000.00)
Dollars. On July 14, 1997 the defendants, in a letter signed by Richard W. Ramsay, accepted the
offer of the plaintiffs to purchase said real estate for the sum of Two Million and no/100
($2,000,000.00) Dollars. A copy of said letter is attached hereto and marked as Exhibit "C" and
is made a part of this Complaint
7.
From July 14, 1997 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 financing through Mid-Penn Bank and Hood College which
was being used by the defendants to create a charitable Trust.
9.
The plaintiffs cashed stock, changed jobs and turned down promotions in order to be in a
position to own and manage the subject property to be purchased from the defendants. The
plaintiffs sustained in excess of Eighty-Nine Thousand and no/100 ($89,000.00) Dollars in
financial losses in order to be in a position to settle for the property.
I
10.
On or about August 26, 1998, the plaintiffs received notification that defendant, Mary
Louise Ramsay Wolf, no longer wanted to sell the property to the plaintiffs. In time, the
plaintiffs discovered that the defendant, Mary Louise Rarnsav Wolf, sought to purchase said
property from the rest the defendants.
Following extensive negotiations, the plaintiffs and the defendants 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/100 ($27,500.00)
Dollars was paid by the defendants to the plaintiffs.
12.
The settlement 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.
13.
On January 26, 1999, counsel for the defendants faxed a General Release which was
signed by the plaintiffs on February 5, 1999. A copy of the Release is attached hereto and
marked as Exhibit "F" and made a part of this Complaint. Said release was given to counsel for
the defendant, Charles Stone, who promise then payment would be forthcoming are defendants.
4
14.
Despite repeated requests, the defendants have failed to pay to the plaintiffs the sum of
Twenty-Seven Thousand Five Hundred and no/100 ($27,500.00) Dollars or, in the alternative,
agree to convey the subject real estate to the plaintiffs.
15.
The plaintiffs request that this Honorable Court grant a Permanent Injunction which
requires the following:
a. The payment by the defendants of the sum of Twenty-Seven Thousand
Five Hundred and no/100 ($27,500.00) Dollars; and
b. The payment of interest from the date of the Release, February 5, 1999,
to the date payment is made by the defendants to the plaintiff's; and
c. The payment of plaintiffs, legal fees; or, in the alternative,
d. The conveyance to the plaintiffs of the real estate consisting of 65 mobile
home pads and 41 apartments located at 107 Old York Road, New Cumberland,
Pennsylvania 17070; or, in the alternative,
e. The payment of the losses sustained by the plaintiffs in preparing to purchase
the subject real estate which exceeds the sum of Eighty Nine Thousand and 110/100
($89,000.00) Dollars; and/or
5
f. The payment to the plaintiffs of all profits generated by the subject real
estate from the date the subject property was conveyed by defendants to defendant,
Mary Louise Ramsay Wolf, and
g. That the defendant, Mary Louise Ramsay Wolf, be enjoined from selling
any portion of the real estate or equipment without leave of this Court; and
h. The payment of the legal fees of the plaintiff; and
i. Any other equitable relief which the Court believes to be appropriate.
WHEREFORE, the plaintiffs, Donald E. Adams and Cathy A. Adams, request that a
Permanent Injunction be issued against the defendants as set forth above.
IRWIN, MpJZNIGHT4 HUGHES
` Marcub A. McVii4k; Hf, Esquire
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court LD. No. 25476
Attorney for plaintiffs,
Donald E. Adams and
Cathy A. Adams, his wife
Date: July 12, 1999
6
EXHIBIT "A"
-it.n .rx K eonlm
"I Pile 1.111a,
.91".10111.
1. Yntlnw. ,.Agan1
9. Vital@ ...fear.
g. Blue .........
OWN KS,
(1CC1111AN1'S
TAX
INFORAINI'IIIN
T1'r1.P, ANII
r(1SSI-ASION
INASINI:
IIWNF:11
AII'1T111RIy.I:S
IN511ECI'1(IN
AGF:NIti
I'I•:1? h
EXPIRATION
MIND
TEL:
Oct 13.93
KX(:l.l1Sl VI•: 1111:111-1'0 81i" AGHEEM1iN'I'
FOR 1111114 SALE OF' COMMEHMAL REAL ESTATE
lOminlrr ma"""id. usoclunmr or R4erossi'm
o?L
/1I tvN7'74iA/ ?a,IdA6y ,rays ???
AGENT: 44
//(r ? k?BJTf//.riJ??7??GiC. OL
T.V ~??PvA (dCEtJ$?SO BROO-K?DR
PROPERTY ADDRESS!
eve
Municipality 6F/N.V/ Cplrn ' Ilia/ee
r
-
y Y
7uning Clauillculml nflhe pmpwnY: wi.. .dV sis,
? zit Gn,Ie ./]?j o
B
Deed Ilmk No. Page No. Reaording Dam
141 Flee 7. 9 O ? Approx. Building Square Pootnge Lot Block
,-
ll
Owner f
HnnSmn Advised nfOwner'nJUtylo AiRduse 11111111111 Jafeetsof
f
ll 9x Paroel Nn.__„
mndltion 1
Ad knowsofno pmpellyllefecoearc
l
As
o
ng
o
ow:
.
P
() O AL1*J?1Yj ' Till ILF .•_.
Addrest /a eLq LOA!C V L?8?? Le?M
' nAlt,wlA. OI a'tn 7n •_" .-_•
Welikone Nob). ?(ZfJJ_97d
OCCUPANCY: L1 Owner 0 Vacant '<Tbnanl(s)
If Intent omupie0. specify:
Lease'Ternl(n) '1,181 Amount Held for Security DePosllb)
Oros. Monthly Rem Rent lndudu
OWNER WILT. PROVIDE, AGENT' WITH COPIES OF All. LKABPS. ?-
*this] Propeny Thses Unpaid AueumentafNotlms
'Itanafcr TRxes will he pall by _., --
S6al£? //?Fl /f/7Pfl Gey?r7PGf^ WyflV AteoD Lv44&d;E /N .tE6.,peo 70
Owner Warano Uml lllis PMPeny It served by: ul/A/4 7'7EVl r-t.1R? /l,qA/
Xpub]icwdter 0 well water >publicsewer 0 septic tyslem
Ownerherebywnrrams thRiOwnerowns llle mhJecl propenyln ate alMPle, free anddeuofsli Iient,eRSeulenls nnA rnnnm
hmnces, exccllt es noted on this aural nnd/orun pnhlic rciord,Hxible and 1nvidble, Rnd that Owner]. IegAlly uhlr to sell no
cxclmneethepropenynxnRnre4. • Il bAfreed that polsenlnn will betimmed toBuyerupondeliveryofa decd as opvdlied In
this Agrcemenl and upon the fetus set Toni, In till, Agency.
Owner will furnish and execute a deed of special wnnnnry, eonnying a good and marketable title to file property.
Vmar.siun will he by deed told, If applicable, nisignmcni of exiting lease(r) and tender of security Jrpoail(t) at
se111enent.
Physical possession will be ?•T S6Y}i C Ilia furlhtr agreed Ilml Owner will nul enter info of renew any Jesse during the term of Ihh Agency except a. Allied
here:
IfOwner ]moles this pmpedy during fife tern of this Agency, Owner agrees m s end - -M 0111"' a r Pn talclntnl
nggregxte thole ammnir Clue and d option. at The commencement of tale Iaaae and a like mmminlmt open ally
mt any unwwul,
nnmMtun, holding over, mcerc4xd nplion, or eonlinucd nvcA la tenancancy y by the lease.
O Sale and Said Signs 1:1 General Advenishlg 0 Key In Office 0 Filing In MLS
During 1110 lean nr Oda Agreemeut.Owncr agreex to permit Agonl or hix/her subeganls access to tills pnlpefy nl mnnllalLle
holes; for the pullinse of simwing It to pmnpeelive purchsscrs.
AGENI'S FEF. is ,__ /?E s _nf/from the agreed gale price xnd is to be field hl U.S.Ilull;nn.
AGI!NTS FEIS IN 711P. EVENT' OP g(IYF.R OEIIAUIT Ire-?-9a of/from ally modes paid en mm?ntl.
f:OMMENCRMENTEIATF.OFAGFNCY /0=,3` EXI'...1'..E_ IRATIONI)ATF.OPAGENGY
AGENTs FEE IIROTE('r1ON PERIOD for Pmufwlive buyers afar bxpirsttodofAgeney /
11 OWNER REMOVES THIS PROPERTY FROM THE MARK$T DDF'ORE THR MWIRATIE)k of. *I ills
AGENCY, AGENT'S FEE WILT.. IIE ?- _
ITIE AGKNI'S PEP. AND THE TERM OF 11115 AGREEMENT HAVE BEEN DETERMINE) AS A RRSIR;1 X01
NEGOTIATIONS BETWEEN 711E AGENT AND THE OWNER.
I'III. AGENTS FEE AND RXPIRATION OATR OF TIIIS AGREEMENT HAVE. NOT BEEN 1'STA111.1A11F:1) OR
[PrOMMENDPO BY ANY ASSOCIATION OP REALTORS. OR BY ANY OTHER ORGANIZABIIN Olt
NOIVIOUAI.
IK FORE: SIGNING'f111S ACRItEMEM' TT1F. OWNER WAS INFORMED THATTHF.AGENT IS 111F. AOFN'1'rblt
'I/F. OWNER AND NOT THE BUYER. OWNER AGREES THAT AGENTS RESPONSIBILITY ill PRESMI
)I4•'ERS TERMINATES WITH AN ACCEPTANCE OF AN OFPkR. I ..
Rent 14141c Recovery FunJ exielx In rchnhure any pertan who has obtained a final civil )udgrraw agninn a N-nit%ylvmlin
81 ethne limnseeowing to fraud, mlrreprcaenlaliun.ordecall In R real estate transaction and who hen Iwcu nn nldemcniRn
leJudgnsnd After exhausting all legal and eynilnhle relankdies. PormmPiatVdelill/atldul the ruud.entl(717) 7K.1.1659,
I4:58 N0.009 P.02
1.. ,.•u I.
XI3.191I9(
T•vl
7/ %
x:-v,2,F
(OVER)
AOIJSI:Y A
1'I.NMR
VAIINFNI
DOMAIN
DONA'1'IIIN
rR01`I'%IY
111:1'R(OS
DEMISrI'
ASSIGNS
Civil.
RIOIr15
ACIN
011Ii.N
(UNINAi9N
TEL: Oct 13,98 14;58 Nc.009 F,03
NXCIAINIVY. X10111 '1'0 SELL AGII YEMEN'I' 1111'11 U:ISALL (IF COMMERCIAL REAL RN I A11. I
)oyruo(rt evionew 1u.WOnunaw or rMnoan ran
Ag Ineanddu111onvfyoerym inre pneuroebuyer,l(fhmn)hSnbyamplgyeu(NenquIlw ode muAp.wrr
eidfor Ihenlpurtha subJeoipmMntan nymdenlMy.rw shows rndadurlrwdgAlb WlWuub)relpropeny(hednnferted was Apa'Y)
ufumthell lb TI re EXPION menu MWnmem FAWNfM as sppeciccimyo In this Aryma ulo unl.rhkl ell r"Aled pma T11bApnryr ol by the ptrdse a heher min. A AEA,rndrnn
QDON O comine " a 1 se
lO(I`IRA710N OATC OF A AORNCY IE uGENCY or any extension n IFerm(. h you, aulh tuthortil ehdl aontire 111:80111,11,01 pendant at 11"" 'd
such arplralinn.
1,rte Ihat if said Properly Is cold at eaehensd during the tang of laid Agency, wHaTHE{I i"tcuO IV weIOMNUy.VI'R,
INCUDIN0 M"ZU, THE OWNER I will pay you the •AOEM S RE^ end 1 *01 rho lame (to-
(A) Ifyob hldagtlrih otmpenllaA Mlh malherNtmplodaMY9hyer rN9E f,%filgahd able Is pumhlu lhetnnlwnY:
(0)Ifduringthe'AOINrIPIEPROTECDONPIEIDti-Oatl MP04Ul?lllGbadkeryed In whole or In pin to Inpmr
with wham you, any ulher Natal or 1 hew negotiated during the palm' ii Agri and providing the pn,pcrry I,inn
listed under on esulWre debt as roil yrcemml with mothet LmYai d the aru;
(C) crlhc •AOEM'9 RLINTIIt.?.VEMOPIUYIR DEPAIILT^aeprnllld lnthbAjrnmmkbul In nn ernwillthe m,n
Paid be In eecua of lira 'AnLM'S W.P.'%
1 In theenm lminml Doman prccndlnptre Innlmld apiner onarpMOflhesubJd pmlwyaudal melerm nnhi.Ihnnlm
duringihsterm ormya{reemut ofn1e secured through this Agency which would No tIM_pmperryumm?teuMe br lu muL.nn. n.
offered. l qm to pay yeti, upon taulpt. the wAOENPE FEE- Qppt the goal. conal .don i I emetic from the Pnweallnu,
J. If the Pro"M h dansal during the term of this Ibllns, I yen b NY yob'Wi °Al1LN1'e l'LP,• bud upon the "Illirvil
PRICE" In 1136 AgrwmmL
4. property Detau UlWorum:
(A) Impnunl mdwmmiFlllhmlwknowidle•.
(1) 1681 The prembee lie" been canuminated by any lubatmee In any mmnerwhlch requiremcmdhdny
(71 duOLeproeanywmuluwwlbode.nrodPldm.ounyolhuenvimtmmRlyemd11nertuderolnpmem ill width i.
limited or Draludd by low.
(3) Iher the property ennlalre asheatat or polychlodnald biphenyl, or any- other mbnance, the removal or ditpmnl id
which b subject In any pp.1.1 regulation by law; and '
(A) shauny6whlthrnMatald lntha htnAlinpordbpolln{afanymatevialmwaetaorlhedlrel.ayeofenyrmmhd lose'
the mil, dA uN?u Miu, yr {rood wane, wept a noted In W6NnemmL
(R) You and l agree that yon: .. y,i •.,r.
11) 110 • Remled real alMle brokm
(7) are not sn 6Pen In e0nclmcllon. mylnemng, or envivinvonial meNmrand
(7) reveller rdddeandlball not make any mpnnnlStloneailrtant16lwllhWiwAio, nolcondoaltny nveoilndunt ml,
the tnvimnmenigi condition or au tebllly bf ere papery arary'vdjitior property, [deluding whether:
(a) the potential hero been contaminated by any subaladcc In shy Mdinler that requires nmdbtinn;
(h) the property contains reel lendr, noel plain. or any other mdlottmegtany somldn rose, lire dcnh.pmrnt rd
which b limited or pleoludal by law, " (y?
(c) We Feet conulnuehulow or polychlddnerad biphehyll 11eeiy eJbI9r hdbmtroA the mmnral or dbpmnl d
whbh It subject led ins ifocial regulation by dew; and
(o)anylarhabedn doDlal lnound train, bohSmeOfpnYmtierlul lnmthe
roll.surI water. or{mud, eacepl me noted In this ,nL... all. ementi, o
(CI I dm to Indemnify Intl d o hold you hermlw from and
maims all claim., dma, denandN liability. Property aoum ys Ire. against onf amudeaeu,whlehrobefern .on including to WOenvimmnen su
WlYbli lllryoflhepropny p tlnrh,.A.lllnl,
on say: n...
of aver mYauu91 of tire pl8prcy lndudn{ ellhwl i l
4(AXly,
' () at Ili.
ofenonvirprdpmyal aednd in peritonitis t (27) pntrocc of mye11viro y or.ny y umpireengsu o en the QAXIe property ale dpnnd In puynph NAXiF.
(y) present. an lha tenpnry described submnne,hbh Sro the subjael ofpen{reph gAX1$ar
ompugreph gAXQ.
(d) NooAlloof the 6w at
m) Ten provirionr •bhme puegnpb hall il sunlre the performmu or th16 /,{rotinent
le{neWliym MllnulndeFOalb,nNrdleuofiheform 0fpaymadbnddiiplfetlhdalldnatdupryee,inanewmwn<rrwM
5. (A)
In Yeamlam dih ell appllahlll." end regulation, until consummallon ccUrmlrntlonafanyule ur aalrmge dui cony
mural entull'ofibb Netwy.
(R) IuluI16e7orrropllamaAnWenyunaahrd emmlj udepahorhmdeMnlu,pmdlrylM1uaepoho nf.,yngr..
eo oop perty. 61110euuln Weenntgoin you InilUgeUOnlolUreMUmefdepahm0nles,l shop be IlnUlelm
youryouratlameyrfew fee end be awu.
d This NengrhJllnurclotbe ben0l ofand be binding upon lheportico herclomdlhtlrrtapeelln Personal rtPn.unatim,brio.
. SAIIII and ruawuOro. • "`
frvOil
l
apply to lO other partner er m In It mrmind {dd In n the the ln transaction. rtransaction. u6eellon. The The planupplypdrodalam of rem M Federal Omemnnd0 Woe Stheum Ilwp law are e o ill ywJ.d
apply
te:
(A) THE CIVIL RIOIDS ACT OF 1966, This act pmidu thil 111 chluniofW0UAIbd SYlal rhall tun the annr right F,
Inhirlt purchase, Ira1i, sell, hold, and coney toil at "1001181 PropeAy Whhdlua of rya.
(E) 1ME CIVIL RIONT9 ACT OF 1969:
ur
-•IU TiTLn VIII,whbh tPPnean Anpuuofchoming ON.SBXHpmhlbib.FAMWAL%In IJS(Cialli Lnlp111iN
UNDER fl)b
.WHEN AMAL6 rII A OO
UNDER I9I.OR NAAVON TIONALL ORIGIN. NO PROPERTY NO PROPERTY 15 qn.M7}t(EMpp'7J3WHnN UETlU WI 'GIRRl1XhJl
(7) TITL11 rX pmldhlu tire wlllful or oltunptd Injury, lmhmdlloe.wlAGHatdnbe 8116Iny "ems bccnwe of 1.IYlur
RACK COLOR, RFUOION, SBK HANIACAP, PAMWAL 9TATUSI or NATIONAL ORIU IN 1.. or .,Ilion,
rY10Mrlm1. inning, Mondri, or occupying of any awaiting or In eonbSOUVg or im m king fn, the role, puivnsr,
' rental. naeneing. or construction of any dwelling.
(q THOIun. enim vum HUMAN lirEeL orI.M.1 isInvulon ormeas., In any tfarm ofmileludon in NrtpN he RACEII'LL lit.
Act rppile, in:
1Nr
application, Art linn
malMaunaluun,
attl outlined .1 or.
O) THE PENNSYLVANIA REALEFI'AIT. IJWNSEALT: lTlamrmamununnnurmn nerenertorolw„n....pn.....
Ir rinuta the PENNSYLVANIA HUMAN RELA71ONS ACT, Including evOpUA{ 11161109 with an unde10lmdln111nd
mesol dlrcdlninalion in the We or rental oflha property Is to be pndilloW. '?,,11
IC) TIE PENNSYLVANIA ETHNIC INTIMIDATION ACT. This All P,?{dq rJan In6ec.t In it,, .rmiy'd Il.r
undalylns mmind dots. Rod may mull In the Im1o1111an Of 1. 1 iNator IMPriaonminl for Wrru, m br
cummunladno, criminrl mischief, annn, criminal I10epgb, or dME9ellhh of Property when mull.nmd by NA( 1.
COWR, RELI(IION, ON NATIONAL ORIGIN.
1. 1rtnllnm plat this pmP•rly Ilh another Astor lfWatasmcmenthccomn enadn during the Ytm Of this Air-,.
Ily GENT ..4L0?>?_?HYC??. ,A..Ggt iJYRIK OOWNER r
A
DATr, ra.c? F.J IY . DY -
DATE ._. IY .,
A
EXHIBIT "B"
AGREEMENT FOR THE SALE AND PURCHASE OF REAL ESTATE
This form recommended and approved for, but not restricted to,
use by members of the Greater Harrisburg Association of REALTORSO
E P AGENT FOR SELLER EPU BAGENT FOR SELLER AGENT FOR BUYER
?.! . A. LICENSED BROKER A. LICENSED BROKER PA. LICENSED BROKER
This Agreement made this day of is '' .
•• /'?' n /e•7! i 1 : i ri' ?J! G .r
1. PRINCIPALS Between, /17
d c -c ./. /• .r ,ei c'..i _ .-r,.• _ • / /./ ?i )
(residing at J n It
hereinafter called Seller, and
(residing at !' r' ., ' • ?' r,q )
hereinafter called Buyer.
2. PROPERTY: Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: ALL.THAT CERTAIN Lot or piece
of ground with.buildings, and improvements thereon erected, if any, known as: S ''' ?%
3. ZONING: Zoning Classification
Failure of this Agreement to contain the zoning classification except in cases where the property (or each parcel thereof, if subdividable)
is zoned solely or primarily to permit single-family dwellings shall render this Agreement voidable at the option of the Buyer and if voided
deposits tendered by the Buyer shall be returned to the Buyer without a requirement of court action. .
4. TERMS: (a) Purchase Price
(S
to be paid by the Buyer as follows:
Ib) DEPOSIT Check C Cash C, at the signing of this agreement, receipt of which is hereby acknowledged
let ADDITIONAL DEPOSIT due on or before the
day of . 19_ ..................... $
(d) BALANCE OF PURCHASE PRICE at settlement
(cash, certified check, and/or mortgage funds) ...................................................... S
JrT,/ TOTAL ............... S 1
(d Written approval of Seller to be on or before the ,_. day of rf , 19 L. ..
In Settlement to be made on or before the '?i' day of 4 G y T , 19 .
(g) The following than be apportioned pro•rata u of and u time of settlement: Taxes w levied and assessed, rents, interest an mortgage assumptions, condominium fan
and homeowner association fm if any, water and/or sewn rents if any, together with any other Benable municipal services. All Really Transfer Tares shall be divided
evenly unity otherwise provided herein. •. i
5. PROPERTY SETTLEMENT CONTINGENCY: This agreement is subject to the settlement of Buyer's property located at
?N , • C t :L: L on or before
6. FINANCING CONTINGENCY: This agreement is subject to the financing as follows:
(a) PRINCIPAL AMOUNT S 4 TYPE MINIMUM TERM
MAXIMUM INITIAL it,*
INTEREST RATE ws MAXIMUM TOTAL POINTS, INCLUDING LOAN ORIGINATION FEE, TO BE PAID BY THE BUYER:
TERMINAL DATE for Obtaining Financing Commitment / 7 -
Broker may advise Buyer of possible sources of mortgage funds, but cannot assume responsibility for obtaining Buyer's mortgage. If said loan cannot be obtained
a herein provided. this Agreement than be NULL AND VOID and all deposit monies shall be resumed to the Buyer once before date of tatlement as provided herein,
subjects however to the provisions in Paragraphs 6(b) and 6(c).
(b) Buyer shall make a completed application to a responsible lending institution for the said loan within deader day. from the Seller's approval hneaL
Should the Buyer fail to make such completed application within the specified time, it shall be u the option of the Series, within live (d) caleadar days thereafter to:
(i) Declue this Agreement NULL AND VOID, u which time, all mania paid on account will be forfeited to Seiler as liquidated damage, subject to the Rules and
Regulations of the Pennsylvania Real Estate Commission, or
(ii) In absence of written notice to the Buyer by the Seller declaring this Agreement NULL AND VOID, the condition and candogeacy provided for in this Paragraph,
toucher with any other financing contingencies that may be herein or endorsed hereto, shall no longer prevail. and this Agreement shall remam effective utording
tom terms in the same summer at if the condition and condngeney were not a pan hcrcof.
(c) Seller or Agent most receive a written commitment valid will the date of settlement. for the said loan, on or before the ierminal'due u spdcined. If the said =minimal
is not furnished with the turns as specified herein, or on other terms accepted in writing by the Buyer, an or before the specified due. Setter shad have the option,
at that date, or any other time thereafter, during the term of this Agreement, until, but not beyond the due of recent of the cormal m e t by the SeBU• or Agent, to
declare this Agreement NULL AND VOID, by written ponce to the Buyer of his/her decision to cancel. u which time all deposit monia paid on account than be resumed
to the Buyer, mbjen to the payment required, if any, provided for in Paragraph 12(b): (I), Iii), and Ica)..'. ' • ::. - I '• :: ..
(d) Seier hereby agrees to permit inspections by authorized appralem, reputable mi ifien and/or Buyer as may be required by the leading institution or insuring agencies.
lei Seller hereby agrees to pay additional mortgage discount points and/or loan originatio8fm in cue of a buyer obtaining financing from a lending institution requiring
any one or all of aforesaid feet, providing the total of said fees does not exceed 9s of the amount of the mortgage.
7. STATUS OF WATER AND SEWER: Seller warruns that this property is serviced by LG'!i I -- - -water and jL'v%il > t!
sewer. Further, Seller warrants that these systems see fully paid for and, u of the date of t?greement are in satisfactory opening dition. If either aforesaid system
is private, Seller warrants that he/she has no notice from the municipality or from municipal authorities that public water and/or sewer will be assessed or installed.
I. MUNICIPAL IMPROVEMENTS: Seller has no notices of municipal improvements (such as sidewalks, curbs, etc.) except
Access to a public road may require issuance of a Highway occupancy permit from the DeDutm<in of Transportation.
9. SEECIAL CLAUSES ., C'-, ! _ T ? "Y : l [ ! T'' /: J ;
Ili. O Buyer aeknowlMga receipt at Seller's Property Disclown.
11. ATTACHED ADDENDA are made a pan of this Agreement: C Wood Infestation C Radon Discloiure C Private Water/On-Sire Sewage CFHA/VA
Pt'AgencY Relationship C Home Inspection C Lead Based Paint a70therp): 14 ('
12. PERSONALTY: All existing plumbing, homing, air-conditioning and lighting natures (including chandeliers and ceiling (am) and systems appurtenant thereto and forming
a pan thereof, and other permanent natures, as well u all conga, laundry tubs, T.V. antennas, masts and rotor systems, together with wall to wall carpeting, saeeN, Stem
sash and/or doon, shades, awnings, venetian blinds, couplings for automatic washers and dryers, etc. radiator coves, comics, water wf a ers, kitchen cabinets, drapery
rods, drapery rod hardware, curtain rods, curtain rod hardware, all trees, shubbery, plantings now in or on property. garage door openers, sheds: if any, unless specifically
..n-.....1 :- .,... , .. •...._. ..-._-b..,...1 :n •An „L• ,rvl num4,,e nrvn Vnnn n( tlv "Fn, n mn..nun .d :...., ,F,II F..n-..n n. ,., a,4„on,nl Fv •4n C.•It.. "'n, M/mt1n. ;,(1e.
ADDENDUM
This Agreement is made this,r&day of May, 1997 by and between Ramsay
Property & Rentals hereinafter known as Sellers and Donald & Cathy Adams 2770
Enola Rd Carlisle Pa hereinafter known as Buyers both as regard the property
situated at 107 Old York Rd New Cumberland Pa.This addendum shall be
attached and made a part of sales agreement dated. 2:r& by and between the
parties herein.
It is agreed as Follows:
To include 66 Mobile home pads, 41 Apartments, all equipment presently used to
maintain property including back hoe.
Ober is contingent upon Buyers accountant remarking on income and expense
report furnished by seller and buyer getting a more detailed inspection of property.
Both of these conditions meeting with buyers approval and contingencies removed
within 15 days of acceptance.
Buyer will give a $50,000 deposit upon acceptance, deposit to be placed in a interest
bearing escrow account with interest going to buyer until settlement is made.
Seller's Home, and office building with two apartments on second floor 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 granted 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 that
property meets all 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 his agent. Buyer to obtain equity
loan or sell personal resident for the balance of down payment.
Witness our hands and seal this ? Day of May, 1997
Witness:
I
ti.
EXHIBIT "C"
July 14, 1997
Mr. Donald & Cathy Adams
2470 Enola Road
Carlisle, Pa.
The S2,000,000 offer is acceptable for 65 Mobile Home pads,
41 Apartments including all equipment presently used to
maintain the property and the Backhoe.
RichardVRamsay
Manager
EXHIBIT "D"
.-21 -i5Fwi 9: ,San Fq7. :STaE I..1F1v :;TitR TI' -?J TAn G
STONE LAFAVFR & SHEKLETSKI
..>e.xa...,..w
.,. anmv an.ra?
w.uu'c x Dent rae> orr¢c se< c .ax r tn'wn
wxe n sroxe V ar Ccxarnuwa na t707O corn mv.
eta.m J. nmocnu
waavx [. crone a?a.rnx[,>rn n..w>
nu,w?c ma n. >anu
Cecember 19, 1996
Marcus A. McKnight, II:, Esq'aire
S. W. pcmrre-
Carlisle, ?A 170_3
REt Ramsay/Adam,
Dear Marcus
1958T:Tia will confirm our telephone conversation or December 18,
.
I propose tc settle the dispute between the Ransays and the
Adam.s's as Epllow,:
A.
The F.amsays will ray the sum of $:.7,500 to M
Adams and Mrs.
E. Mr. and Mrs. Adams will deliver general releases to
Richard Ramsav, Larr: Ramsay and spouse, Lynn Ann Write and
spouse, ar..i Marv Lou Wolf. They would in curr. release the
Adams I s.
C. This Offer is Contingent Upon Nary Lou ;lo-!'s pnrchaze
of the property and nor supplyino the funds fir t:'cs sectlement,
whcch she has orally agreed to do. Scull she not fulfil this
promise and not purO'nase the property, the offer would be
withdrawn. we have cc put a time limit on such an arrangement,
and I am suggesting Jan. 31, :999.
If you find this satisfactory, please advise with some
writing chat I Can display to ocher counsel involved in the
transaction.
'let*/ truly yours,
STONE LAPAVER & HHEKLETHEI
Charles H. Stc."
12/21/98 08:41 TX/RX N0.0556 P.001 N
EXHIBIT "E"
LAW OFFICES
IR WIN McKNIGHT & HUGHES
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
PENNSYLVANIA 17013.3222
CARLISLE
ROGER B. IRWIN ,
MARCUS A. MCNNIGHT. III
(717) 249-2353
JAMES D. HUGHES FAX (717) 249.6354
REBECCA R HUGHES
.
E-MAIL: IMH LAWQAOL.CONI
DANIEL W. D9ARMEN7
January 21, 1999
VIA FACSIMILE AND REGULAR MAIL
CHARLES H. STONE, ESQ.
STONE, LAFAVER & SHEKLETSKI
414 BRIDGE STREET
POST OFFICE BOX E
NEW CUMBERLAND, PA 17070
Re: Ramsey & Adams Settlement
Dear Charles:
HAROLDS IRWIN (19251977)
HAROLD S. IRWIN. JR (195419861
IRWIN. IRWIN d IRWIN (19564986)
IRWIN. IRWW 3 Mc6NIGHT (19861994)
FILE COPY
This letter is to confirm that we have settled this case. Your clients have agreed to pay
Mr. and Mrs. Donald E. Adams and the sum of Twenty Seven Thousand Five Hundred and
no/ 100 ($27,500.00) Dollars. This payment will occur upon settlement between the Ramseys
and Mary Lou Wolf who is now purchasing the property.
Please confirm the settlement date, time and location.
Very truly yours,
IRWIN, Nj&Q)4GHiT7 & HUGHES
A.
MAM/min
cc: Mr. and Mrs. Donald E. Adams
EXHIBIT "F"
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
no/100 ($27,500.00) Dollars, the receipt of which is hereby acknowledged, has remised, released
and forever discharge, and by these presents, do for their heirs, executors and administrators,
remise, release and forever discharge MARY LOUSE RAMSAY WOLF, RICHARD W
RAMSAY, LARRY M. RAMSEY, MARGHERITA R. RAMSAY, LYNN ANN WHITE
and W. R. RAMSAY PROPERTY AND RENTALS (the "RAMSAYS"), their heirs,
executors, administrators, successors and assigns, of and 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, contracts, controversies, agreements, promises, variances,
trespasses, damages, judgments, extents, executions, claims and demands whatsoever, in law or
in equity, which against the "RAMSAYS", which they ever had, nor have or which their heirs,
executors 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 not limited to, any action arising out of the proposed purchase by Mr.
and Mrs. Adams of real and personal property of the "RAMSAYS" in Fairview Township, York
County, Pennsylvania, and any alleged contract or contracts for the same, written or oral, and any
statements, written or oral allegedly made by any of the "RAMSAYS", or any of their alleged
agents, employees, attorneys, accountants, or any other persons.
This RELEASE is a compromise of disputed claims or other alleged right to recover
against the "RAMSAYS", and any payment by the "RAMSAYS" pursuant to this RELEASE
is not to be construed as an admission of fault or liability for any purpose on the part of the
"RAMSAYS", and such fault and/or liability for any purpose on the part of the "RAMSAYS",
is expressly denied.
IN WITNESS WHEREOF, they have hereunto set their hands and seals the .S day
of ht , in the year Nineteen Hundred and Ninety-Nine (1999).
Signed, sealed and delivered
D ir(SEAL)
DONALD E. ADAMS
04 (SEAL)
CATWY A. ADAMS
2
in the presence of
VERIFICATION
The foregoing Complaint in Equity is based upon intbnnation which has been gathered
by our counsel and us in the preparation of this action. We have read the statements made in this
document, and it is true and correct to the best of our knowledge, information and belief. We
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unswom falsification to authorities.
DONALD E. ADAMS
& I 4??s
CAVIYA. ADAMS
Date: ?2 1999
T
15
i,
q
? b
?ay
r
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
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-/2/ EQUITY TERM
CIVIL ACTION - EQUITY
ORDER OF COURT
AND NOW, this ?.L day of July 1999, upon consideration of the attached Motion for
Preliminary Injunction, a hearing in the above-captioned matter is hereby set for
_ , 1999, at A..1r) !o'clock, in Courtroom # , Cumberland County
CouThouse, Carlisle, Pennsylvania.
BY THE COURT
TRUE COPY FROM RECORD
to Testimony whereof, I here unto set my hand
and the seal of said
_Couft a1 CarILwe pa.
Thle /d,c!
DONALD E. ADAMS and
CATHY A. ADAMS, Iris wife,
PLAINTIFFS
1 ?.
MARY LOUISE RAMSAY WOLF,
RICHARD W. RAMSAY,
LARRY M. RAMSAY,
i MARGHERITA R. RAMSAY,
LYNN ANN WHITE t/d/b/a
W. R. RAMSAY PROPERTY AND
RENTALS,
DEFENDANTS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- EQUITY TERM
CIVIL ACTION - EQUITY
! ORDER OF COURT
i AND NOW, this_ day of July 1999, after a hearing and on consideration of the
Plaintiffs' Verified Complaint in Equity and Motion for a Preliminary Injunction, and it appearing
to the Court that immediate and irreparable damage and injury will continue to result to the
Plaintiffs before the case can be fully heard on its merits if a preliminary injunction is not issued,
it is hereby ORDERED AND DECREED that:
1. The defendants are hereby enjoined from conveying any of the real estate or
personal property subject to this equity action without further Order of Court;
2. The defendants are ordered to account for the conveyance of any assets, both real
and personal, from February 5, 1999 to the date of the hearing.
3. This Order shall remain in full force and effect until such time as this Court
specifically orders otherwise; and
4. Plaintiffs may proceed in their action for such other and further relief as this Court
may deem appropriate, proper, necessary and just.
BY THE COURT,
J.
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
IN THE COURT OF CONIMUN rLF Aa Ur
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- EQUITY TERM
CIVIL ACTION - EQUITY
PLAINTIFFS' MOTION FOR
PRELIMINARY INJUNCTION
N
AND NOW, this /day of July 1999, come the plaintiffs, DONALD E. ADAMS
and CATHY A. ADAMS, his wife, by their attorneys, Irwin, McKnight & Hughes, and as
prayed for in their Verified Complaint in Equity in this case, move this Court for a Preliminary
Injunction enjoining and restraining the Defendants, 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:
1.
The plaintiffs are Donald E. Adams and Cathy A. Adams, his wife, who are adult
individuals residing at 2470 Enola Road, Carlisle, Pennsylvania 17013
l
1)
The defendants are adult individuals being Richard W. Ramsay who resides at 3610
Logan Street, P. O. Box 100, New Cumberland, Cumberland County, Pennsylvania 17070: Larry
M. Ramsay who resides at 509 Aisland Court, Indian Harbour Beach, Florida 33937; Mary
Louise Ramsay Wolf who resides at 3 Shawnee Road, Ardmore, Pennsylvania 19003-1619; Lynn
Ann White who resides at Light House Point, Palm City, Florida 34990-4200; and Margherita R.
Ramsay t/d/b/a W. R. Ramsay Property and Rentals.
3.
The plaintiffs seek a permanent injunction granting the relief set forth in the Equity
Complaint, a copy of which is attached hereto, marked as Exhibit "A" and made a part hereof.
4.
The plaintiffs believe and hereby aver that the defendant, Mary Louise Ramsay Wolf,
and/or the defendants will seek to transfer all or part of the real estate and equipment to others
which is the subject of this litigation.
5.
The plaintiffs believe that if the defendants transfer any of the assets which are the subject
of this equitable action, the plaintiffs will be irreparably harmed and will be unable to recover
any property conveyed to third parties by the defendant, Mary Louise Ramsay Wolf, and/or the
other named defendants. The plaintiffs seek an accounting of the income and expenses and the
sale of any assets from February 5, 1999 to the date of the hearing.
WHEREFORE, the plaintiffs seek a Preliminary Injunction which prohibits the
defendants from conveying any of the real property or personal property which is the subject of
the Complaint and an accounting of the income, expenses and assets from February 5, 1999 to
the date of the hearing.
Respectfully submitted,
IRWIN, MCKNIGHT & HUGHES
By
Marcus Mc g
Attorney for plaint
E. Adams
Cathy A-Adamr, is wife
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: July 12,1999
D SIPIPAOINOS MAM ADAMS M
VERIFICATION
The foregoing Plaintiffs' Motion for Preliminary Injunction is based upon information
which has been gathered by our counsel and us in the preparation of this action. We have read
the statements made in this document, and it is true and correct to the best of our knowledge,
information and belief. We understand that false statements herein made are subject to the
penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
DONALD E. ADAMS
! , /A'r
ATHYA. ADAMS
Date: I yth 1999
EXHIBIT A
DONALD E. ADAMS and
CATHY A. ADAMS, his wife,
PLAINTIFFS
V.
MARY LOUISE RAMSAY WOLF,
RICHARD W. RAMSAY,
LARRY M. RAMSAY,
Ij MARGHERITA R. RAMSAY,
LYNN ANN WHITE t/d/b/a
I W. R. RAMSAY PROPERTY AND
RENTALS,
DEFENDANTS
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- EQUITY TERM
CIVIL ACTION - EQUITY
NOTICE 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 this complaint, order 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 money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
Americans with Disabilities
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing
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
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- EQUITY TERM
CIVIL ACTION - EQUITY
COMPLAINT IN EQUITY
/,w
L
AND NOW, this day of July 1999, comes the plaintiffs, DONALD E. ADAMS and
CATHY A. ADAMS, his wife, by their attorneys, Irwin, McKnight & Hughes, and makes the
following Complaint against the defendants, MARY LOUISE RAMSAY WOLF, RICHARD
W. RAMSAY, LARRY M. RAMSAY MARGHERITA R RAMSAY, LYNN ANN WHITE
and W. R. RAMSAY PROPERTY AND RENTALS as follows:
The plaintiffs are Donald E. Adams and Cathy A. Adams, his wife, who are adult
individuals residing at 2470 Enola Road, Carlisle, Pennsylvania 17013.
The defendants are adult individuals being Richard W. Ramsay who resides at 3610
Logan Street, P. 0. Box 100, New Cumberland, Cumberland 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 Shawnee Road, Ardmore, Pennsylvania 19003-1619; Lynn
Ann White who resides at Light House Point, Palm City, Florida 34990-4200, and Margherita R.
Ramsay t/d/b/a W. R. Ramsay Property and Rentals.
3
On or about October 23, 1996, the Defendants placed their real estate for sale on the real
estate market. The property was located at 107 Old York Road, New Cumberland, Fairview
Township, York County, Pennsylvania. A copy of the Listing Agreement is marked as Exhibit
"A" and is attached hereto and made a part of this Complaint.
4.
On March 4, 1997, an agent for Jack Gaughen Real Estate, located in Cumberland
County, Pennsylvania, contacted the plaintiffs, Donald E. Adams and Cathy A. Adams, regarding
the purchase of the property owned by the defendants.
5
On May 7, 1997, the plaintiffs made a formal written offer to the defendants for the
purchase of the real estate consisting of 65 mobile home pads and 41 apartments for the sum of
One Million Nine Hundred Thousand and no/ 100 (S 1,900,000.00) Dollars. A copy of that offer
is attached hereto and marked as Exhibit "B" and is made a part of this Complaint.
1)
G.
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 no/100 ($2,000,000.00)
Dollars. On July 14, 1997 the defendants, in a letter signed by Richard W. Ramsay, accepted the
offer of the plaintiffs to purchase said real estate for the sum of Two Million and no/100
($2,000,000.00) Dollars. A copy of said letter is attached hereto and marked as Exhibit "C" and
is made a part of this Complaint
7.
From July 14, 1997 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.
3.
The plaintiffs had secured financing through Mid-Penn Bank and Hood College which
was being used by the defendants to create a charitable Trust.
9.
The plaintiffs cashed stock, changed jobs and turned down promotions in order to be in a
position to own and manage the subject property to be purchased from the defendants. The
plaintiffs sustained in excess of Eighty-Nine Thousand and no/100 ($39,000.00) Dollars in
financial losses in order to be in a position to settle for the property.
3
to.
On or about August 26, 1998, the plaintiffs received notification that defendant, Mary
Louise Ramsay Wolf, no longer wanted to sell the property to the plaintiffs. In time, the
plaintiffs discovered that the defendant, Mary Louise Ramsay Wolf, sought to purchase said
property from the rest the defendants.
it.
Following extensive negotiations, the plaintiffs and the defendants 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/100 (527,500.00)
Dollars was paid by the defendants to the plaintiffs.
12.
The settlement 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.
13.
On January 26, 1999, counsel for the defendants faxed a General Release which was
signed by the plaintiffs on February 5, 1999. A copy of the Release is attached hereto and
marked as Exhibit "F" and made a part of this Complaint. Said release was given to counsel for
the defendant, Charles Stone, who promise that payment would be forthcoming are defendants.
4
14.
Despite repeated requests, the defendants have failed to pay to the plaintiffs the stmt of
Twenty-Seven Thousand Five Hundred and no/100 (527,500.00) Dollars or, in the alternative,
agree to convey the subject real estate to the plaintiffs.
15.
The plaintiffs request that this Honorable court grant a Permanent Injunction which
requires the following:
a. The payment by the defendants of the sum of Twenty-Seven Thousand
Five Hundred and no/100 ($27,500.00) Dollars; and
b. The payment of interest from the date of the Release, February 5, 1999,
to the date payment is made by the defendants to the plaintiffs; and
c. The payment of plaintiffs' legal fees; or, in the alternative,
d. The conveyance to the plaintiffs of the real estate consisting of 65 mobile
home pads and 41 apartments located at 107 Old York Road, New Cumberland,
Pennsylvania 17070; or, in the alternative,
e. The payment of the losses sustained by the plaintiffs in preparing to purchase
the subject real estate which exceeds the sum of Eighty-Nine Thousand and no/100
($89,000.00) Dollars; and/or
i
;I 5
4•
r..
E The payment to the plaintiffs of all profits generated by the subject real
estate from the date the subject property was conveyed by defendants to defendant,
Mary Louise Ramsay Wolf; and
g. That the defendant, Mary Louise Ramsay Wolf, be enjoined from selling
any portion of the real estate or equipment without leave of this Court; and
h. The payment of the legal fees of the plaintiff; and
i. Any other equitable relief which the Court believes to be appropriate.
WHEREFORE, the plaintiffs, Donald E. Adams and Cathy A. Adams, request that a
Permanent Injunction be issued against the defendants as set forth above.
IRWIN, NIcKNIGHT
MarcVs A. McKni , III, Es
60 West Pomfret S eet
Carlisle, Pennsylvania
(717) 249-2353
Supreme Court I.D. No. 25476
Attorney for plaintiffs,
Donald E. Adams and
Cathy A. Adams, his wife
Date: July 12, 1999
6
EXHIBIT "A"
• TuarA uA ?2 ea`Iea
pl ILI' l?nunll
Au'eommn.
1. Yellow. ..A pm
2. V11010 ..nwnn
3. Blue .........
OWNEXS,
OUCUPANI'S
'T'AX
INFOHMA'1'I()N
1'1'TIA. ANT)
PUSSI:SSION
LEASING
IIWNE:It
All'11IURIA.ES
INSPECI'1(IN
AGE:NI'S
FI•:R A
EXPIRATION
EIINI)
I GL: Oct 13.?5 I4:53 Nd.009 F.02
EAC6(IN1VK 111611?"1(1 SELL AGHL•'E:MEN'I' I'..wu,.w,let
FOR 111E SALE OF COMMICRCIALREALESTATE Ml N•IPNa(:
larremin rawaan4gA AsO "Ca ar IULIG ln. • 7.011
AODNT: '?ObC
//GPI WB.ae Wirae. Oe ?x-9rtp
e 1?A-eJOen-&t.D BRO R
'ROPERTY ADDRESSA
danleipnliy Cpunry Slatcl," 42L- Zip Code/207?
runing Clndllcadne at the Property: FGA/ .--tY!! -----
)end (look No. Page No. Rewriting Dam LAI lllork
,it sin , ). 9 A. r• Approx. Building Square F. tAge lkx Puwl No. -
)wner Has Bcen AdvieedofOwner'lldutytodieclme material defee(sofenndldons and knoworno pmpenydcfeeA crept
is follows: ---
'Reel Properly Tam Unpaid ARclsmenlA/Nodoes
'Oaafer Taxes will be paid by ---
I-2G&4&,e //&f /AIW Cp/sry7PG7' W/7W //eoD GLILfE /N 1FAre0 1
T7EVt 1-fACE
Owner Warrants Wnl Ibis propMy it served by: VX?W4 /LAA/
ji(Jnlblie wetet 0 wall water ?l[publicacoer 0 septic system
OwnerlmrcbywerrnntathnlOwnerawne the whjcct property In feealmphc,free and eleuolellllenr,enumenbnndrmm?u•
bancc4except na noted no thin funn And/or on public record, visible And invisible, and that Owner In legally able in sell nl
cxehnngethapropertynsnfrered. •ItiAagmedlbniposseminnwillbegraniedla BuyerupondeliwryoredecdmapeciBenia
thin Agreement and upon die leans sal forth in this Agency.
Owner will fornich and eawule o deed or special wnnony, conveying a good and marketable tide to tla prnpcoy.
11mersaiun will he by deed and, If applicable, nwignmcni of existing Jewels) and lender of Actually depntillt) m
aelllmneyL .? 'hp
Physical poncldml will be ?si? ----
It is further agreed Ilml Owner will not enter i n i or renew any lease during the term of this Agency acci`I m ANN
berg: '--'
IfOwnerleeeslhls property duringthetennnflllie ARcncy, Owneregrres topay Agent of/b are lhrtuud
nggrtgale I<Ine amouni duc and pniable at the commencement of the lease and a like cammhslon upon any mnewnl.
extensiun. holding ever, ececrched option, or continued tenancy by the lease.
0 Sale and Sold Signs I:1 Genclnl Adwrilsing 0 Key In Onlce 0 Miliq; In MLS
During Iho term of ddsAgreeme 1, Owner ngrees la permit Agent or hl thersubegents 1=1 to this Properly nt rcnmuubie
Ihnes for the purpose of rbowing 11 to prospective purchasers.
ACENI'S FEE, I; _F/ ?E'•--nf/from the agreed ale price end Is to be paid In U.S. Uull;nx.
AGENT'S FEE IN 711F. EVENT Oil 8(IYF.R DEFAUIT Is 7 of/from my Ionics paid on evunal.
COMMF•.NCF.MENI'I1ATF.UF'ACENCY /o-Z3- EXI'IRATIONDATROPAGBNCY ?-=Ff _.
AGENTS I'EE PROTE(IION PERIOD for Pmepeelive buyersaner hpinlion'of Agency ._--
III OWNER REMOVES THIS PROPERIY FROM THE MARKET BEFORE THE, EXPIRATION DAI'll Or 1 UIS
AGENCY, AGEEO'S FRF. WILL 1117
111E ACF'.1,17'S PEE AND THE PERM OF'IIIIS AGREEMENT HAVE BEEN DETERMINED AS A RI'Sill:l' 01
NEGOTIATIONS BETWEEN THE AGF.NTANO THE OWNER.
11111, AGF.NI'S FEE AND EXPIRATION DATE OF THIS AGREEMENT HAVE NOT BEEN RSTAIII.ISII/:D DH
RECOMMENDED BY ANY ASSOCIATION OF REALTORS' OR BY ANY OTHER ORGANIZK110N OR
INDIVIDUAL
HEFOHI: RMNING THIS AGREEMENT 111E OWNER WAS INFORMED THATTHE AGENT 15111V ACEN'1' FUR
'flip: OWNER AND NOT THE IIUVF.R. OWNER AGREES THAT AGENT'S RESPONSIDII.ITY 'I'O I'RFNI:NI
01-1'HRS TERMINATES Will H AN ACCEPTANCE OF AN OFFER.
A Rral Mince Recovery Fund exists lip mlmburse any penan who has oblAined A final cidljudgene t oysinn n Pcnnvylvnuin
real clinic Iiccolear wing to fraud, mhrepmmniniun.ordttalt Ina reelcelatelrenaatlonand who lac Imcu nnnl.ic mcoltro
ILejuJgmenl n8crashnusting n111eenl and equilablerces2dies. Pofwmphetl`dWill Abdul the Fund. call (117)7µ3-0Ma
(UVEIq
I.
OCCUPANCY: U Owner 0 Vacant AfTennnt(e)
If (canal occupied, specify:
Ixmel6nn(a) Tuml Amount Held for Security Deparll(A)
Olms Monthlylleni Renllndudes - OWNER WIIJ, PROVIDE. AGENT' WITH COPIES OF ALA, I.EASPS.
AVsACN At
'1'I.NhIS
F.MINi:N1
DOMAIN
DONA110N
PROITRI7'
arF.K.01l
.__ Via lr. pea ."•?o nu.VV] r.w -- _..
F:%CLUSIVl: N1011'1"I'lyNk.l.hAI;Nki.Ali:N'1'pIIN'111E SALE. OF COMM ERCIAI.11VAL PNIA'11.
.1 WYYINb)RYenMtLYANYN1efYnenurnammAP loge
1., Inonsldual,onofyeaeagmmmnunoduvimeonnvna6unr.ifO.n.n1,.•.h.cmel..•..rA...n..n_...,....n...,...n..
until "?"._...._.._.................O,.theT NG CY41outoln heignADeaaenlunlm atahdd r n wdtlrRb11Aepadasaran AOrr 1..
EXPIRATION I)ATU
ouch w"'na pPlratlangATC Of AGENCY ENCY 9, or uryaandun th9m( year rvlhoriq Ohdl Conllnue a 40negdnlonr Pending at Ihne 1.l
' each .
I agrta lhnl lraidl mpedy D old miahogd during the "n efeald Apney, WN ITHLA LPPECEO RY WI WhIRONvi:ll,
INCLUDING MYSMATHE OWNRA4 1 wEl pay You tin "AGENT'S PEE' and I•Ul eyths two few
(A) If yob haNltlHACmMnWn Mlh amherAg<nlpladJNY64YnifitlY?,M01hPthd gb6m 9uah•a n,e lnm'cny;
(0)IfduritRlhe"ACICN"PEOPROTECIIONPRR100"(hlo?"olyi4 T7ABAedNeryNln thole alt r.n,noy,,,,r
olh whom you, any is that Apill Or. haro nelforhled dYdo6 the lime, df Is ApnaT and PoHJing the properly it 1.,u
p) sheunyawh41 sun NelRld In lhohoAllnpmd11potlngnfoYmetedalarwemorfthe malls= wrhu ARtu,m {round wror.aapl a noted In the AtRemenL
(N) You and ld. Pwc t
Isar .
lag anelimnelenred renl aule tinker.
j,
(7) ale not Ili Wall In homtn<Ilon. aflirt d% or oNmnmental CARBON, ind
(7) hnanot rtlsde and will net make any rtem.ntation, mAamndu.ith HJhedth.,u
(C) Wthe "AMPS FEE IN Till AVENTOFRUYERDE?AULT'a rpnlBadlnthN AimemmLbut InAncaewil it e eau.
Poll he In areas of It,, "AGCHrS WE"
1 In rheeremlminmT Damdn proendlnpenlnstlluuJ apinri an aPRnoflMrvb)ec(pmPartYdudaglM1e leamlthie Ii.dagar
durin{rhntarm ahoy ynemal ofwonsmurtd through this Neney AhbAwouldmea the pproperty tnfarkcuhle Ia 111101.1 cam It
.Rend. I Pat to pay yaµ open MVIVI. The "AGRM•S YEE" f(ryn the gross eomlZatiod Ihit l engine from the pnganalnp.
1. If the p.•nMrrl' h dons,., Audnt 1ha Nm Gf the 111nnp 1 agrwa le'pi j yeb'Qe °ApEMMl2t," basil upon the "IARTi:II
PRICE" In Ibis AgnrmmL
4. Property Garrote Utodmw.
(A) Inprndnl rd wanollhaliMn nee knowldlr.
(1) Ilut the prcmaa limn ben onaminated by any substance In any maeouwhleh requlnncmdbam,,
(JI limited oMrhomtafaNlndA B.odpafns.ennYOlherenNmmnnaSYNndUreenn,Jvelnpmentnfwldcb in
Ilmdld or PrcluJeJ by y awl
(3) that the propeny Contains ahestos ns pelphlGdnatd blphnya dr any other mbstaaa, the mount or digtmol •d
which luubJem to city special regulation by low, sod ••
MAlda am,
DENIM I
ASRIGNS
CIVII.
R 1(ell'IN
ALTS
0111I.N
(ONIAW N
5.
Lm ins p,oarR wnrum Pet lows, noon Plain& or ay other COHnhmenallY unriuye 1141, (Ins dmIc,pmrro of
which a limited of plnludwl by ace,
(e) the propenY contains arbaroe or polyehlndnebd blphehyll bsihy hlh6r {Jheamq Ne rrmn rl nr JhPmnl ,d
which Is mhJnt Id inY rpecid regulation by law end I'.
WIoyavhu
.,ol be apeenudueJltmand ndl e,.eniplepl oadngofm thLilaimAgdttaarthadaohegeefaymeiedidlnuethr
Ahotmpb.tmfma (rom1. W splint l plint 1.it c claims. ms. A dim inch. a
(Cy I epee b Indmallywnmband m hold you Aumlrar IIebII1h, InduJlnR mtmnms trr9
, uru• a fth nO B 1PPl Ag m ern me y "woe nguanonsunNlommnmellon er Urmin llOn ofenysRlrm 41ebm4r that n,ny
raursoar1 ma11'o . ,
(n) ltalull beyouropla.n to MNd inyunasbod check Ign eared udepmltor Mod Mani".PendlrythoeecrN.na of.ny.near
yuur Anomeyr lawn and rm eau
b ThisAteneyshstllnumlobeton..ntor,.d be binding upon llRMnleo herclolndlhelrmµetlarenondmpn.emmire.hriu,
guedane. patgue, and mcauml.
7. Slue and Ail"Allos tegudingelril dgbb In neltlble brnleeOons IPPIYPHM,Hlyiothe0w erendloeAgenL Ilourrer.thr
I.w, taro apply 1G Gillet Mreont Inwlmd In The tnneacllon. Tin pmduanr of M FOdoul red three Stale law AN of N,erhd
elpnilicnno:
(A) THE CIVILRIOInS ACr OF1g6A: Tha aelpmNJalhil sileBlunl of the Unltad Stela shill bon lhuamr rigs..
Inhidt purchna lush, all, IoW, and eonny ad a as one, pmpedy 1aghldicso oreor.
(0) THE CIVII, RIGHTS ACT OF 1964t:
• • (1) TITLE VIII, which applies to.11 Aapecle of a hearing atnsatlon, pmhlblb dlndmlallnn In enlinp inlliap, it,
ladag huueingen the boll' of RACE, COLOR. RELIGION, SEX HANDICAP,FAMILIALSTA7UF(Ci ill bar ltN
UNDP.RIS),OANATIONALORIGIN. NOPROPCSTYISPM.M WHEN LISTED WI'GI A 1111001:0.
(Z)
RACE, COLOR, iLIGION. SEX X HANDICAP, HANDICAP. I PAMnMILIAL bTATUBlona NATIONAL CRIUIN RIUIN N N , it.,
RACK ..I NRIJOI co annual
pumhnlns,y ..,tarp MnndnR or occupying it. lhie/Iar
opying ueny drilll,'s ., or oe I, n eonlrowllN w nepdedag M1n the ale. I'unh.•r,
' rcmrL
IW '1'HS.PENN9YLVANI LYANIA or HUMAN R ee EmLATIONSACr.
TOONS ALT. Thl.laA pmhlAlb dNenmlnsdo. Neuheri nn. my Lu,ly .,
slupenon any uaq riles,, or inllan etllecunlGn or engage in any form efallubdon In repel to RACL', (*Or (Ill,
RRLtDION,CREAD,ANCBSTRY, SEX NATIONAL ORIGIN, HAND CAY, OR DISABILITY OR Tilt. USE 01 A
GUIDE OR SUPPORTANIMAt. RECAUSBOFTIM BLINDNSBS,7y?IL99,OR PHYSICAL IIANOIL•AI. 1.P
THEU$SRORnP.CAVSCTHEUSCRIBAILWULEROR7AAlNBRT,kY6LMBOABUPPOA'rANI.NMS. Tor
Act sprite, tat: •yv •"h
, (1)Pmspectin owners, aecuram or use,, of beadag nacommodadoa of Commema41 rmrenia:
(1) The selling, lutln4 or frarnng of housinpcommodatlpm ormmmemhl prcreny:
(1) j meau, ahoint of p,.noice, depah,rtqulmmene, law; Islas •Sewmotr, ApplluMnc. ulnlinr,
I?II ucr,muntnges.construction Joan, nhkblillauon loins, Npelf loans, and/or mlinanana tuna,
(1)TeNonr who aid, shot. mdle araurrAl another to Commit any bribe dladminuory, ono eadlnd nlvar.
(D) TIIEPENNSYLVANIARPALESrATTIJCENSEACTi ThLalmrYUlludawArlfetantlenate bmlennurr.Pnum
in Hnlrb the PENNSYLVANIA HUMAN RELATIONS ACT, Includlnpcoepung a IIWg(Wlh an undenbndlug Run
Illernl,Ilndminsllmr In the 0419 of mmu of the property le to be pndUoed l ..11
ICI TIC PENNSYLVANIA ETHNIC INTIMIDATION ACT This Act p.!,yo?l'{d4 f01, in Incrr41e In the .rnrih of it.,
undal,ing atminst chap ad they result In the Impullloo of a fltl/ttlior Imprinnocnl for h.mu,nrw Irv
eummunlerllon, edmin41 mischief, Conn, erlminsl Impel, or doiBOellbh of pmMrh when nwlh.red by NA( 'I
COLOR, RELI(IION.ON NATIONAL ORIGIN.
A. 111. nor till t propny another cl?n^imenunl bounce eRsdve dudN The Wm of 11,11 A,,.,.
?- _ OWNER
1.r _
UAT?_ .a..? >L.J IY OY
DATE 19 ..
A
EXHIBIT "B"
AGREEMENT FOR THE SALE AND PURCHASE OF REAL ESTATE
This form recommended and approved for, but not restricted to,
use by members of the Greater Harrisburg Association of REALTORSm
E P AGENT FOR SELLER SUB AGENT FOR SELLER AGENT FOR BUYER
A. LICENSED BROKER PA. LICENSED BROKER PA. LICENSED BROKER
This Agreement made this day of is '` .
1. PRINCIPALS Between, %
(residing at ^ Y .' -r ./. ; i • .a• ,eJ e ../ _ "-rn' _ . //./ ,i )
hereinafter called $eller, and ?/ ?' ^ ` =' a /1 ?'+ r/ / " " / : i • : ,.J /i• ,? ?,
(residing at 2'7 i f r r' -"g )
hereinafter called Buyer.
2. PROPERTY: Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: ALL.THA CERTAIN Lot or piece
= '•' v%' "
of ground with_builc ings, and improvements thereon erected, if any, known as: An
3. ZONING: Zoning Classification
Failure of this Agreement to contain the zoning classification except in cases where the property (or each parcel thereof, if subdividable)
is zoned solely or primarily to perm![ single-family dwellings shall render this Agreement voidable at the option of the Buyer and if voided
deposits tendered by the Buyer shall be returned to the Buyer without a requirement of court action. .
4. TERMS: (a) Purchase Price
is 0
to be paid by the Buyer as follows:
(b) DEPOSIT Check C Cub C. at the signing of this agreement. receipt of which is hereby acknowledged .. $
(c) ADDITIONAL DEPOSIT due on or before the `
day of . 19_ ..................... $
(d) BALANCE OF PURCHASE PRICE at settlement
(cash. =tried check. and/or montage funds) ...................................................... $
TOTAL ............. S /y- • ? - - '-
!T;r
(e) Written approval of Seller to he on or before the derY of /-!/ - . 19 L. .-'.
(D Settlement to be made on or before the ` day of x U e? &. r
(g) The following shall be apportioned pro?mta as of and u time of settlement: Tun u levied and assessed, rents. Interest on mortgage assumptions, condominium fees
and homeowner association fen if my, water and/or "" rents if any, together with any other (enable municipal services. All Realty Transfer Tam shall be divided
amly unless otherwise provided herein. /a
S. PROPERTY SETTLEMENT CONTINGENCY: This agreement is subject to the settlement or Buyer's property lasted at Z-.r"w
on or before 'rC,• Z17Z
6. FINANCING CONTINGENCY: This agreement is subject to the financing as follows:
w" ?•!'(:=° TYPE MINIMUM TERM
(a) PRINCIPAL AMOUNT 9
ATE v
MAXIMUM INITIAL 5;?
INTEREST RATE 9e MAXIMUM TOTAL POINTS. INCLUDING LOAN ORIGINATION FEE. TO BE PAID BY THE BUYER:
TERMINAL DATE for Obtaining Financing CommitmmtI - i 5 - /
Broker may advise Buyer of possible sources of mangage funds, but cannot assume responsibility for obtaining Buyer's mortgage. If said loan cannot be obtained
a herein provided. this Agreemmt shag be NULL AND VOID and all deposit moniesshall be counted to the Buyer on or before due of settlement as provided herein.
subject however to the provisions in Paragraphs 6(b) and 6(c). • -: ..
(b) Buyer shall make a completed application to a responsible lending institution for the said loan within calendar days from the ScUa's approve h"cof.
Should the Buyer fail to make such completed application within the specified time, it shag be at the option of the Sella, within five (3) dmdar days thereafter to:
(i) Declare this Agreement NULL AND VOID, u which time, all modes paid on account will be forfeited to Sella u liquidated damages, subject to the Ruin and
Regulations of the Pennsylvania Real Estate Commission, or
(it) In absence of written notice to the Buyer by the Seller declaring this Agreement NULL AND VOID, the condition ad contingency provided for in this Paragraph.
together with my other financing continseneles that may be herein or endorsed heron, shall no losses Prevail. and this Agreement shall remain effective according
. to its tams in the same manor a if the condition and contingency was not a pan haenf.
(c) Seller or Agent must receive a written commitment valid until the date of settlement, for the said lam, on or before the Terminal'date u specified. Irthe said commitment
is not furnished with the terms as specified herein, or on other terms accepted in writing by the Buyer, on or before the spectfled due. Sella shag have the option,
at that date, or any other time thereafter. during the terra of this Agreement, until, but not beyond the dam of receipt of the mmtnitment by the Sella, or Agent, to
declare this Agreement NULL AND VOID, by written noticeto the Buyer of his/her decision to anal, at which time ail deposit mania paid on account shall be returned
to the Buy". subject to the payment required, if my, provided for in Paragraph 13(b): (i). (it). and (III.
(d) Sella hereby agrees to permit impectioa by authorized appraisal, reputable unifiers and/or Buyer as may be required by the lending institution or insuring agencies.
(c) Seller hereby agrees to pay additional mangage discount points and/or low ariginatto$fm in cue of a buy" obtaiaing financing tram a lending institution requiring
any one or all of aforesaid fen, providing the total of said fen does not weed _% of the amount of the mortgage.
d fv %if i- C --
7. STATUS OF WATER AND SEWER: Seller wammts the this property is serviced by /O vGG / -- ----'-water an
ewer. Further. Seller warrants that these systems are fully paid for and, u or the date of this agreement are in satisfactory operating condition. If euih aforesaid system
is private, Seller warrants that he/she has no notice from the municipality or from municipal authorities that public water and/or sewer will be assessed or installed.
8. MUNICIPAL IMPROVEMENTS: Seller has net notion of municipal improvements (such as sidewalks, curbs. em.) except
Access to a public road may requirg issuance of a Highway occupancy permit from the Depmmem of Transportation.
9. SBECIALCLAUSES;, T
10. O Buyer acknowledges receipt of Seller's Propeny Madames.
11. ATTACHED ADDENDA are made a pan of this Agreement: C Wood Infestation C Radon Discloium ? Private Water/On-Site Sewage CFHA/VA
Agency Relationship C Home Inspection C Lead Based Paint QodOther(s): 4 I_; /I r /if..
1:. PERSONALTY: All existing plumbing, heating, air<ondittoning and lighting fixtures (including chandeliers and ceiling fuel and systems appurtenant thereto and forming
a pan thereof. and other permanent fixsurm, as well as all ranges. laundry tubs, T.V. antenna, masts and rotor systems, together with wall to wall aarpet?n8, statics. stoma
sash and/or door, shades, awnings, venetim blinds, couplings for automatic washers and dryers, etc. radiator covers, comics, wat" softeners, kitchen abinea, drapery
rods, drapery rod hardware, err ten rods, mnun rod hardware, all trees, shubbery, plantings new in or on property, garage door openers. sheds; if my, unless specifically
Nis— -H.11,J,n.,.m._n•?•n:......0,'n1...",_n".?n.•uF....... ..14.. ... e.dl.. rrr.. ,.r•^i•e•.i•P
ADDENDUNI
This Agreement is made thiQ; day of May, 1997 by and between Ramsay
Property & Rentals hereinafter known as Sellers and Donald & Cathy Adams 2770
Enola Rd Carlisle Pa hereinafter known as Buyers both as regard the property
situated at 107 Old York Rd New Cumberland Pa.This addendum shall be
attached and made a part of sales agreement dated ?7:F?t by and between the
parties herein.
It is agreed as Follows:
To include 66 Mobile home pads, 41 Apartments, all equipment presently used to
maintain property including back hoe.
Offer is contingent upon Buyers accountant remarking on income and expense
report furnished by seller and buyer getting a more detailed inspection of property.
Both of these conditions meeting with buyers approval and contingencies removed
within 15 days of acceptance.
Buyer will give a $50,000 deposit upon acceptance, deposit to be placed in a interest
bearing escrow account with interest going to buyer until settlement is made.
Seller's Home, and office building with two apartments on second floor 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 granted 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 that
property meets all 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 his agent. Buyer to obtain equity
loan or sell personal resident for the balance of down payment.
Witness our hands and seal this -,> L Day of May, 1997
Witness: _?
EXHIBIT "C"
July 14, 1997
Mr. Donald & Cathy Adams
2470 Enola Road
Carlisle, Pa.
The $2,000,000 offer is acceptable for 65 Mobile Home pads,
41 Apartments including all equipment presently used to
maintain the property and the Backhoe.
-W #,
RichardWRamsay /T
Manager 1
/
EXHIBIT "D"
STONE LAFAVFR Be SKERL£TS&I
.T01MF. NVW
w nnnnr <nrL?
rxiNlr<N vmc roc) orrlee ea. c
awo w eTOr.a
OUNLa /. fN <I1L(T9q as. Crllrevuwo. ra !)o: o
111IAn<)N <, <iONI
.^.eC09LCr i9, 19?a
Marcus A. Mchnight, III, Esquire
aC w. Pcmfret
Carlisle, PA 170-3
RE! Ramsay/Adams
MN r urrvrn
1<LIrNNry<Ill TYIiI!
tLCl1WL< all,
1 Ti1w)
Dear Marcus:
1998This will confirm our telephone ccrversacicn of December is,
.
I propose to settle the dispute between the Ramsays and tie
Adams's as follows:
A. The Ramsays will pay the sum of $27,500 to Mr. and Mrs,
Ada=.
B. Mr. and Mrs. Adams wi11 deliver general releases to
P.1Chard Ramsay, Larry Pamsay and spouse, Lynn ?s white and
spouse, and miry Lou wolf. They would in turn release Che
Adams' a.
C. This -Offer iS ecnticaent upon Nary Lou •rlol_os purchase
cr the prtpertY and ter supply-'10 the funds ttr tkts sett. emenL,
whtck she has orally agreed tc do. ShCUid sce not fuirt:l t!•is
prcmise and not nurc.
'Lase the prcperty, the of ter would be
withdrawn, we have to put a time limit cn such an arrangement,
and I am auaaestina San. 31, :999.
If you fled this satis:actorl, please advise wick
writing that I car, display to ocher counsel involved in the
transaction some
.
Very truly yours,
STONE LaPAVER & SEERLETSEI
Charles H. Stcne
12/21/98 08:41 TX/RX N0.0556 P,001 ¦
EXHIBIT "E"
ROGER S. IR WIN
MARCUS A. MCNNIGHT. 111
JAMES D. HUGHES
REBECCA R. HUGHES
DANIEL W. DIARMENT
LAW OFFICES
IRWIN McKNIGHT & HUGHES
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET HAROLDS IRWIN (1925.1977)
CARLISLE. PENNSYLVANIA 17013.3222 HAROLD S_ IRWIN. JR. (1954.1986)
IRWIN. IRWIN 8IRWIN (19561986)
(717) 249.2353 IRWIN, IRWIN S MBNIGHT (1986.1994)
FAX (717) 249.6354
EMAIL: IMH LAW@AOL•COAI
January 21, 1999
VIA FACSIMILE AND REGULAR MAIL
CHARLES H. STONE, ESQ.
STONE, LAFAVER & SHEKLETSKI
414 BRIDGE STREET
POST OFFICE BOX E
NEW CUMBERLAND, PA 17070
Re: Ramsey & Adams Settlement
FILE COPY
Dear Charles:
This letter is to confirm that we have settled this case. Your clients have agreed to pay
Mr. and Mrs. Donald E. Adams and the sum of Twenty Seven Thousand Five Hundred and
no/100(S27,500.00) Dollars. This payment will occur upon settlement between the Ramseys
and Mary Lou Wolf who is now purchasing the property.
Please confirm the settlement date, time and location.
Very truly yours,
IRWIN,
A.
HUGHES
MAM/min
cc: Mr. and Mrs. Donald E. Adams
r )
EXHIBIT "F"
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
no/100 ($27,500.00) Dollars, the receipt of which is hereby acknowledged, has remised, released
and forever discharge, and by these presents, do for their heirs, executors and administrators,
remise, release and forever discharge MARY LOUSE RAMSAY WOLF, RICHARD W
RAMSAY, LARRY M. RAMSEY, MARGHERITA R. RAMSAY, LYNN ANN WHITE
and W. R. RAMSAY PROPERTY AND RENTALS (the "RAMSAYS"), their heirs,
executors, administrators, successors and assigns, of and 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, contracts, controversies, agreements, promises, variances,
trespasses, damages, judgments, extents, executions, claims and demands whatsoever, in law or
in equity, which against the "RAMSAYS", which they ever had, nor have or which their heirs,
executors 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 not limited to, any action arising out of the proposed purchase by Mr.
and Mrs. Adams of real and personal property of the "RAMSAYS" in Fairview Township, York
County, Pennsylvania, and any alleged contract or contracts for the same, written or oral, and any
statements, written or oral allegedly made by any of the "RAMSAYS", or any of their alleged
agents, employees, attorneys, accountants, or any other persons.
? M .
This RELEASE is a compromise of disputed claims or other alleged right to recover
against the "RAMSAYS", and any payment by the "RAMSAYS" pursuant to this RELEASE
is not to be construed as an admission of fault or liability for any purpose on the part of the
"RAMSAYS", and such fault and/or liability for any purpose on the part of the "RAMSAYS",
is expressly denied. f.-
IN WITNESS WHEREOF, they have hereunto set their hands and seals the S day
of . btu in the year Nineteen Hundred and Ninety-Nine (1999).
Signed, sealed and delivered
(SEAL)
DONALD E. ADAMS
I-A/V (SEAL)
CAIVY A. ADAMS
2
in the presence of
VERIFICATION
The foregoing Complaint in Equity is based upon information which has been gathered
by our counsel and us in the preparation of this action. We have read the statements made in this
document, and it is true and correct to the best of our knowledge, information and belief. We
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unswom falsification to authorities.
DONALD E. ADAUS
1 447els
CA YA..4DAAIS
Date: /Z , 1999
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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,
MARGHERITA R. RAMSAY,
LYNN ANN WHITE t/d/b/a
W.R. RAMSAY PROPERTY AND
RENTALS,
Defendants.
Civil Action - Equity
PRELIMINARY OBJECTIONS
TO COMPLAIN T OF
DEFENDANT MARY LOUISE RAMSAY WOLF
Defendant Mary Louise Ramsay Wolf, by her counsel, hereby makes the following
preliminary objections to the Complaint:
L Failure to Comply With Rules of Civil Procedure
I. Plaintiffs appear to have attempted to state two separate causes of action: a claim
that the Defendants breached an alleged agreement for the sale of real property and a claim that
they also breached an alleged settlement agreement.
2. Plaintiffs also seem to seek different relief with regard to each cause of action.
3. Rule 1020 of' the Pennsylvania Rules of Civil Procedure requires that each cause
of action shall be stated in a separate count containing a demand for relief.
4. Plaintiffs have failed to set out their two causes of action in separate counts.
HHGU562/.1
WHEREFORE, Defendant Wolf respectfully requests that this Court dismiss the
Complaint for failure to conform to the Rules of Civil Procedure.
Il. Failure to State a Cause of Action for Breach of an Agreement for the Sale of
Real Property
5. Plaintiffs seek to enforce an agreement for the sale of real property.
6. Plaintiffs have failed to produce a writing or writings setting forth that agreement
of sale.
7. Plaintiffs' claim is barred by the Statute of Frauds.
WHEREFORE, Defendant Wolf respectfully requests that this Court dismiss the
Complaint insofar as it asserts that defendants breached an agreement for the sale of real
properly.
III. Failure to State a Cause of Action For Breach of Settlement Agreement
8. Plaintiffs seek to set forth a claim that Defendants breached an alleged settlement
agreement.
9. In support of that claim, Plaintiffs have attached a letter to the Complaint which
they claim confirmed the settlement. Complaint, 112, Exhibit "D."
10. The letter which Plaintiffs' claim confirmed the agreement explicitly notes that
the offer of settlement is contingent upon Defendant Wolf, inter alia, "supplying the funds for
this settlement." Exhibit "D." The letter goes on to note that "Should she not fulfill this promise
imaw624.1
... the offer would be withdrawn." Exhibit "D." Thus, it is clear that Defendant Wolf was not a
party to the alleged settlement agreement.
11. Because Defendant Wolf was not a party to the settlement agreement, she cannot
have breached that the alleged settlement agreement.
WHEREFORE, Defendant Wolf respectfully requests that this Court dismiss the
Complaint insofar as it seeks to state a cause of action for breach of a settlement agreement.
Respectfully submitted,
Date: jQl1 U/K
a,Cl l
Allen C. Warshaw, Esquire
Attorney Id No. 17145
Duane, Morris & Heckscher LLP
305 North Front Street, 5th Floor
P.O. Box 1003
Harrisburg, PA 17108-1003
(717) 237-5500
Attorneys for Defendant
Mary Louise Ramsay Wolf
MGU5624.1
CERTIFICATE OF SERVICE
On this 1-I I day of October, 1999, I, Sherry L. Weigel, a secretary in the law
offices of Duane, Moms & Heckscher LLP, hereby certify that I have served this day true
and correct copies of the foregoing PRELIMINARY OBJECTIONS TO COMPLAINT OF
DEFENDANT MARY LOUISE RAMSAY WOLF 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, III, Esquire
Irvin, McKnight & Hughes
West Pomfret Professional Bldg.
60 West Pomfret Street
Carlisle, PA 17013-3222
Richard W. Ramsay
3610 Logan Street
P.O. Box 100
New Cumberland, PA 17070
Larry M. Ramsay
509 Aisland Court
Indian Harbour Beach, FL 32937
Lynn Ann White
Light House Point
Palm City, FL 34990-4200
Attorneys for Plaintiffs
Donald E. Adams and Cathy A. Adams
S4RO
HBOUl624.1
' CC II? F-- ?
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W
LAW OFFICES OF
DUANE, MORRIS b HECKSCHER LLP
305 NORTH FRONT STREET. P.O. BOX 1003
,,,, _ HARRISBURG. PA 17108.1003
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,
MARGHERITA R. RAMSAY,
LYNN ANN WHITE t/d/b/a
W.R. RAMSAY PROPERTY AND
RENTALS,
Defendants.
Civil Action - Equity
REPLY TO PLAINTIFF'S PETITION FOR LEAVE OF COURT
TO AMEND THE COMPLAINT IN EQUITY
Defendant Mary Louise Ramsey Wolf, by her counsel, files the following response to
Plaintiffs' Petition for Leave of Court to Amend the Complaint in Equity:
Plaintiffs seek leave to file an Amended Complaint in Equity but have not
submitted to the Court a proposed Amended Complaint.
2. In the absence of a proposed Amended Complaint, this Court cannot determine
whether an amendment to the Complaint would be appropriate.
Plaintiffs should not be granted leave to amend their Complaint in Equity unless
and until they submit to the Court the Amended Complaint which they propose to file.
HBG44159.1
WHEREFORE, Defendant Mary Louise Ramsey Wolf respectfully requests that this
Court deny Plaintiffs' Petition for Leave of Court to Amend the Complaint in Equity.
Respectfully submitted,
Date:
Allen C. Warshaw, Esquire
Attorney Id No. 17145
Duane, Moms & Heckscher LLP
305 North Front Street, 5th Floor
P.O. Box 1003
Harrisburg, PA 17108-1003
(717) 237-5500
Attorneys for Mary Louise Ramsay Wolf
HBGW4159.1
CERTIFICATE OF SERVICE
On this ?day of February, 2000, I, Sherry L. Weigel, 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 REPLY TO PLAINTIFF'S PETITION FOR LEAVE OF COURT
TO AMEND THE 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:
Mr. Marcus A. McKnight, 111, Esquire
Irwin, McKnight & Hughes
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pa 17013-3222
W `
- L!" / SalICIFY L. Weigel
HBG144159.1
c.
L_
._ i.1
LAW OFFICES OF
DUANE, MORRIS 8 HECKSCHER LLP
305 NORTH FRONT STREET, P.O. BOX 1003 '
HARRISBURG. PA 17108-1003
""WILD 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
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 994227 EQUITY TERM
CIVIL ACTION - EQUITY
ORDER OF COURT
AND NOW, this LL day of February, 2000, upon consideration of the foregoing
Petition, a Rule to Show Cause why the plaintiffs should not be permitted to amend the
Complaint in Equity is issued to the defendants.
THIS Rule is returnable in -1-=--days from the date of service.
By the Court,
J
Edgar B. Bayley,- Jug
r>i?
t:? _
;'r
;?
I
1?1
I';
,.
'Y 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,
LYNN ANN WHITE t/d/b/a
W. R. RAMSAY PROPERTY AND
RENTALS,
DEFENDANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 994227 EQUITY TERM
CIVIL ACTION - EQUITY
PETITION FOR LEAVE OF COURT TO
AMEND COMPLAINT IN EQUITY
PURSUANT TO PA. RULE OF CIVIL PROCEDURE 1033
AND NOW, this 8th day of February 2000, comes the plaintiffs, DONALD E. ADAMS
and CATHY A. ADAMS, his wife, by their attorneys, Irwin, McKnight & Hughes, and makes
the following Petition for Leave of Court to Amend Complaint In Equity Pursuant to Pa. Rule of
Civil Procedure 1033 against the defendants, MARY LOUISE RAMSAY WOLF, RICHARD
W. RAMSAY, LARRY M. RAMSAY MARGHERITA R RAMSAY, LYNN ANN WHITE
and W. R. RAMSAY PROPERTY AND RENTALS as follows:
The plaintiffs are Donald E. Adams and Cathy A. Adams, his wife, who are adult
individuals residing at 2470 Enola Road, Carlisle, Pennsylvania 17013.
2.
The defendants are adult individuals being Richard W. Ramsay who resides at 3610
Logan Street, P. O. Box 100, Camp Hill, Pennsylvania 17011; Larry M. Ramsay who resides at
1080 Tunnel Lane, Cazenovia, New York 13035; Mary Louise Ramsay Wolf who resides at 3
Shawnee Road, Ardmore, Pennsylvania 19003-1619; Lynn Ann White who resides at Light
House Point, Palm City, Florida 34990-4200, and Margherita R. Ramsay t/d/b/a W. R. Ramsay
Property and Rentals, who resides at 510 5th Street, Owego, New York 13827.
3.
In July of 1999 the Plaintiffs/Petitioners filed a Complaint in Equity against the
Defendants.
4.
I The Defendant, Mary Louise Ramsey Wolf, is represented by Allen C. Warshaw, Esquire,
who has entered his appearance for her.
5.
On October 14, 1999, the Defendant, Mary Louise Ramsey Wolf, filed Preliminary
Objections to the Complaint, a copy of which is attached hereto and marked as Exhibit "A."
6.
The Plaintiffs/Petitioners seek to satisfy the Preliminary Objections filed by Defendant,
Mary Louise Ramsey Wolf, by filing an Amended Complaint setting forth each cause of action in
a separate Count.
2
7.
The parties have been unable to resolve this case and it must move forward to resolution
by the Court.
WHEREFORE, the Plaintiffs/Petitioners, Donald E. Adams and Cathy A. Adams, seek
leave of this Honorable Court to file an Amended Complaint in Equity.
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
]By:
Marcus A. McKnigh III,
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Attorney for Plaintiffs/Petitioners,
Donald E. Adams and
Cathy A. Adams, his wife
Date: February 8, 2000
docs\pleadings\mam\gencmMdamspelilionforiove
EXHIBIT "A"
i _ ,{
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,
MARGHERITA R. RAMSAY,
LYNN ANN WHITE t/d/b/a
Civil Action - Equity
W.R. RAMSAY PROPERTY AND
RENTALS,
Defendants.
PRELIMINARY OBJECTIONS
TO COMPLAINT OF
DEFENDANT MARY LOUISE RAMSAY WOLF
Defendant Mary Louise Ramsay Wolf, by her counsel, hereby makes the following
preliminary objections to the Complaint:
1. Failure to Comply With Rules of Civil Procedure
Plaintiffs appear to have attempted to state two separate causes of action: a claim
that the Defendants breached an alleged agreement for the sale of real property and a claim that
they also breached an alleged settlement agreement.
2. Plaintiffs also seem to seek different relief with regard to each cause of action.
3. Rule 1020 of the Pennsylvania Rules of Civil Procedure requires that each cause
of action shall be stated in a separate count containing a demand for relief.
4. Plaintiffs have failed to set out their two causes of action in separate counts.
FB61i562/.1
WHEREFORE, Defendant Wolf respectfully requests that this Court dismiss the
Complaint for failure to conform to the Rules of Civil Procedure.
II. Failure to State a Cause of Action for Breach of an Agreement for the Sale of
Real Property
5. Plaintiffs seek to enforce an agreement for the sale of real property.
6. Plaintiffs have failed to produce a writing or writings setting forth that agreement
of sale.
7. Plaintiffs' claim is bared by the Statute of Frauds.
WHEREFORE, Defendant Wolf respectfully requests that this Court dismiss the
Complaint insofar as it asserts that defendants breached an agreement for the sale of real
property.
III. Failure to State a Cause of Action For Breach of Settlement Agreement
8. Plaintiffs seek to set forth a claim that Defendants breached an alleged settlement
agreement.
9. In support of that claim, Plaintiffs have attached a letter to the Complaint which
they claim confirmed the settlement. Complaint, 112, Exhibit "D."
10. The letter which Plaintiffs' claim confirmed the agreement explicitly notes that
the offer of settlement is contingent upon Defendant Wolf, inter alia. "supplying the funds for
this settlement." Exhibit "D." The letter goes on to note that "Should she not fulfill this promise
HBOU362/.1
... the offer would be withdrawn." Exhibit "D." 'T'hus, it is clear that Defendant Wolf was not a
party to the alleged settlement agreement.
11. Because Defendant WOIf was not a party to the settlement agreement, she cannot
have breached that the alleged settlement agreement.
WHEREFORE, Defendant Wolf respectfully requests that this Court dismiss the
Complaint insofar as it seeks to state a cause of action for breach of a settlement agreement.
Date: AQlt U/K
Respectfully submitted,
Allen C. Warshaw, Esquire
Attomey Id No. 17145
Duane, Morris & Heckscher UP
305 North Front Street, 5th Floor
P.O. Box 1003
Harrisburg, PA 17108-1003
(717) 237-5500
Attorneys for Defendant
Mary Louise Ramsay Wolf
HBOU562/.1
• . V
CERTIFICATE OF SERVICE
On this I q11 day of October, 1999, I, Sherry L. Weigel, a secretary in the law
offices of Duane, Moms & Heckscher LLP, hereby certify that I have served this day true
and correct copies of the foregoing PRELIMINARY OBJECTIONS TO COMPLAINT OF
DEFENDANT MARY LOUISE RAMSAY WOLF 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, III, 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
Richard W. Ramsay
3610 Logan Street
P.O. Box 100
New Cumberland, PA 17070
Lary M. Ramsay
509 Aisland Court
Indian Harbour Beach, FL 32937
Lynn Ann White
Light House Point
Palm City, FL 34990-4200
AwL Z N
Sherry L. V igel
HW'3561/.1
VERIFICATION
The foregoing Petition is based upon information which has been gathered by
counsel and ourselves 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 statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unswom falsification to authorities.
DONALD E. ADAMS
CATHY .ADAMS
Date:_ February 8 2000
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
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 994227 EQUITY TERM
CIVIL ACTION - EQUITY
CERTIFICATE OF SERVICE
1, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition was
served upon the following by depositing a true and correct 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:
Allen C. Warshaw, Esquire
DUANE, MORRIS & HECKSCHER, LLP
305 North Front Street, 5th Floor
P. O. Box 1003
Harrisburg, PA 17108-1003
Larry M. Ramsay
1080 Tunnel Lane
Cazanovia, NY 13035
Lynn Ann White
Light House Point
Palm City, FL 34990-4200
By:
Richard W. Ramsay
3610 Logan Street, Apt. 5B
P. O. Box 100
Camp Hill, PA 17011
Mary Louise Ramsay Wolf
3 Shawnee Road
Ardmore, PA 19003-1619
Margherita R. Ramsay
510 5th Street
Owego, NY 13827
60 West Pomfret StrdtE-?
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: February 11, 2000
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112292
George B. Faller, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
I.D. 49813
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
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, MARGHERITA R. RAMSAY,
LYNN ANN WHITE, t/d/b/a
W.R. RAMSAY PROPERTY AND
RENTAL,
Defendants
NO. 99-4227 -Equity Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of
Plaintiff in the above matter. Plaintiff hereby demands a twelve juror jury trial in the above
captioned action.
B ART AILLLAMS & OTTO
I.D. No. 49813
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
Dated: November 15, 2004
CERTIFICATE OF SERVICE
I, Nichole L. Myers, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Marcus A. McKnight, III, Esquire
IRWIN & MCKNIGHT
60 West Pomfret Street
Carlisle, PA 17013
Curtis P. Cheyney, III, Esquire
SWARTZ & CAMPBELL DETWEILER
1601 Market Street, 34th Floor
Philadelphia, PA 19103-2318
C. Roy Weidner, Jr., Esquire
JOHNSON, DUFFIE, STEWART & WEIDNER
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
MARTSON DEARDORFF WILLIAMS & OTTO
By /V /l?lG ?i t l
Nichole L. Myers J
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: November 15, 2004
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Johnson, Dufiie, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 7614540
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
Attorneys for Defendant Richard W. Ramsay
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4227 EQUITY TERM
CIVIL ACTION - EQUITY
PRAEC/PE TO W/THDRAW APPEARANCE
AND NOW, this 29'h day of November, 2004, withdraw the appearance of C. ROY WEIDNER, JR., I.D.
19530, on behalf of Defendant Richard W. Ramsay in the above captioned suit.
JOHNSO r DUFFIE, ST I?
C. Roy Weidner, Jr.
PRAEC/PE FOR ENTRY OF APPEARANCE
AND NOW, this 2e day of November, 2004, enter the appearance of WADE D. MANLEY, I.D. 87244,
on behalf of Defendant Richard W. Ramsay in the above captioned suit.
DUFFIE, S EWART & WEIDNER
:240045
CERTIFICATE OF SERVICE
AND NOW, this 29'"day of November, 2004, the undersigned does hereby certify that she did this date
serve a copy of the foregoing upon the other parties of record by causing same to be deposited in the United
States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
George B. Faller, Jr., Esquire
Martson, Deardorff, Williams & Otto
19 East High Street
Carlisle, PA 17013
Allen C. Warshaw, Esquire
Duane Moms LLP
305 North Front Street, a Floor
P.O. Box 1003
Harrisburg, PA 17108-1003
Curtis P. Cheyney, III, Esquire
Swartz, Campbell & Detweiler
1601 Market Street, 34th Floor
Philadelphia, PA 19103-2316
Larry M. Ramsay and Margherita R. Ramsay
509 Island Court
Indian Harbor Beach, FL 32937
LynnAnn White
Lighthouse Point
1206 S.W. Dyer Point Road
Palm City, FL 34990
JOHNSON, DUFFIE, STEWART & WEIDNER
By-?i!?
Michelle H. Spangler -7
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ti1ARTSON DEARDORFF W11 LIAAIS & () II'u
M DR' O
INFORMATION- AOVICE• ADvo( oqY
10 BAST HIGH STREFT
CARLISLE, PENNSYLVANIA 17013
TELEPHONE (717) 243-3341
FACSIMILE (717) 243-1850
INTERNET W wmdwoxorm
Curtis P. Cheyney, III, Esquire
SWARTZ CAMPBELL LLC
1601 Market Street
34th Floor
Philadelphia, PA 19103-2318
ATTORNEYS & COUNSELLORS AT LAN'
WILI.IAA1 F. MAMON
JOHN B. FOWLI:k III
CAUL C. RISCH
DANIEL K. DGARDORFF DAVID T] A R. FI I'LLOWAY
.
.
THOMAS J. WILLIAMS' RicE
CHRISTOI'TR lll:x E
E
alcr
No V. OT TO III
GEOROF. B. FA
LER JR
• .
:
JENNIFER L. SPEARS
L
. I IILLARY A. DFAN
'HUARU CFRnnl:o Crvu. T'RIAI. SPU11A1 NT
November 7, 2005
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 h/w 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
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:
As you know, pursuant to everyone's agreement, I had listed this case for non jury trial. The
Cumberland 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 matter would not be put onto the non jury trial
list, due to the arbitration limits. I am, therefore, asking Lindsay Baird to go ahead and schedule a
hearing. She will need to enter an arbitrator's award from which we will need to appeal. The award
can be entered in favor of the Defendants and I will perfect the appeal. Cumberland County does
not allow parties to proceed to a non jury trial 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
mail.
To make sure all the is are dotted and is are crossed, she should probably send out a Notice.
If anyone has any questions, feel free to give me a call.
Very truly yours,
MARTSON DEARDORFF WILLIAMS & OTTO
GBF/n(Jn George B. Faller, Jr.
cc: ./ The Honorable Edgar B. Bayley
Lindsay Baird, Esquire
Mr. and Mrs. Donald Adams
FIRLMDATAFILEWC mKUV 1111.1292.macro
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11:'82
George B. Faller, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
UUNALll b. 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
RENTAL,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4227 -EQUITY TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Kindly withdraw and dismiss the above-captioned Complaint with prejudice.
B ARTSO ?? I LLAMS & OTTO
George B. Faller, Jr., ]wire
I.D. No. 49813
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
Dated: January 25, 2005
CERTIFICATE OF SFRVICF
I, Jean Taylor, an authorized agent for Martson Deardorff Williams & Otto, hereby certify
that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at
Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Marcus A. McKnight, III, Esquire
IR WIN & MCKNIGHT
60 West Pomfret Street
Carlisle, PA 17013
Curtis P. Cheyney, III, Esquire
SWARTZ & CAMPBELL DETWEILER
1601 Market Street, 34th Floor
Philadelphia, PA 19103-2318
C. Roy Weidner, Jr., Esquire
JOHNSON, DUFFIE, STEWART & WEIDNER
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
MARTSON DEARDORFF WILLIAMS & OTTO
Q-
T [e?4-East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: January 25, 2005
L; r
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J
.
Johnson, Duffle, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
DONALD E. ADAMS and
CATHY A. ADAMS, his wife,
Plaintiffs
V.
Attorneys for Defendant Richard W. Ramsay
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4227 EQUITY TERM
CIVIL ACTION - EQUITY
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
PRAECIPE TO WITHDRAW APPEARANCE
AND NOW, this 29"' day of November, 2004, withdraw the appearance of C. ROY WEIDNER, JR., I.D.
19530, on behalf of Defendant Richard W. Ramsay in the above captioned suit.
JOHNSO j DUFFIE, ST. I
B
C. oy Weidner, Jr.
PRAECIPE FOR ENTRY OF APPEARANCE
AND NOW, this 294h day of November, 2004, enter the appearance of WADE D. MANLEY, I. D. 87244,
on behalf of Defendant Richard W. Ramsay in the above captioned suit.
:240045
JOHN O""N, DUFFIE,
By: Mu
Wade D. ar
ART & WEIDNER
CERTIFICATE OF SERVICE
AND NOW, this 29?h day of November, 2004, the undersigned does hereby certify that she did this date
serve a copy of the foregoing upon the other parties of record by causing same to be deposited in the United
States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
George B. Faller, Jr., Esquire
Martson, Deardorff, Williams & Otto
19 East High Street
Carlisle, PA 17013
Allen C. Warshaw, Esquire
Duane Morris LLP
305 North Front Street, 5"' Floor
P.O. Box 1003
Harrisburg, PA 17108-1003
Curtis P. Cheyney, III, Esquire
Swartz, Campbell & Detweiler
1601 Market Street, 34`h Floor
Philadelphia, PA 19103-2316
Larry M. Ramsay and Margherita R. Ramsay
509 Island Court
Indian Harbor Beach, FL 32937
LynnAnn White
Lighthouse Point
1206 S.W. Dyer Point Road
Palm City, FL 34990
JOHNSON, DUFFIIEE,,?STEWART?& WEIDNER
By:
Michelle H. Spangler 7
? rv
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Cr%? G> -?:?r7`
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CD °;
L
F:1F11RS?ATAEILEV6eneraCCun'cn[lt 1229 .2pra6
Created. 124105 11:41AM
k"t.d: 1125105 2-52PM
112282
George B. Faller, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
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, MARGHERITA R. RAMSAY,
LYNN ANN WHITE, t/d/b/a
W.R. RAMSAY PROPERTY AND
RENTAL,
Defendants
NO. 99-4227 -EQUITY TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Kindly withdraw and dismiss the above-captioned Complaint with prejudice.
MARTSO O F T LIAMS & OTTO
/
By
George B. Faller, Jr., uire
I.D. No. 49813
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
Dated: January 25, 2005
CERTIFICATE OF SERVICE
I, Jean Taylor, an authorized agent for Martson Deardorff Williams & Otto, hereby certify
that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at
Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Marcus A. McKnight, 111, Esquire
IRWIN & MCKNIGHT
60 West Pomfret Street
Carlisle, PA 17013
Curtis P. Cheyney,111, Esquire
SWARTZ & CAMPBELL DETWEILER
1601 Market Street, 34th Floor
Philadelphia, PA 19103-2318
C. Roy Weidner, Jr., Esquire
JOHNSON, DUFFIE, STEWART & WEIDNER
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
MARTSON DEARDORFF WILLIAMS & OTTO
4_
TgfyEast High Street
Carlisle, PA 17013
(717) 243-3341
Dated: January 25, 2005
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