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HomeMy WebLinkAbout99-06015 S? i h 4- d v 41 V . S' 'o 3 O i Y? ,.m BROUJOS & GILROY, P.c. ATTORNEYS AT LAW JOHN H. BROUIOS 4 NORTH HANOVER STREET HUBERr X. GILROY CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717J 2434$74 FACSIMILE: (717J 243-8227 INTERNET: brgil roypc®aol.com NON-TOLL FOR HARRISBURG AREA 717-766.1690 May 2, 2000 Murrel R. Walters, 111, Esquire 54 East Main Street Mechanicsburg, PA 17055 Jennifer Koontz, Esquire 101 Front Street Boiling Springs, PA 17007 Barbara A. Zimmerman, Esquire 355 North 21 R Street Camp Hill, PA 17011 Re: Wolfe 8r Shearer v Mullen Dear Merle, Barbara, Jennifer and Mike: Michael R. Rundle, Esquire Addams & Rundle 28 South Pitt Street Carlisle, PA 17013 developed an unexpected conflict for the May 17" 1:30 p.m. Arbitration hearing in the above matter. Accordingly, I ask that this hearing be cancelled. 1 will make arrangements for the rescheduling of a new hearing date. Sincerely yours, ubert X. Gilroy dch cc: Ray L. Wolfe, Jr. WOLFE & SHEARER REALTORS,: Plaintiff VS. GARY J. MULLEN and, DEBORAH MULLEN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6015 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF REARING BY BOARD OF ARBITRATORS You are hereby notified that the undersigned Arbitrators appointed by the Court in the above-captioned matter will meet for the purpose of their appointment on Wednesday, May 17, 2000 rland County at 1:30 p.m. in the Hearing Room, 5th floor, /ne Courthouse, Carlisle, Pennsylvania, at which nd place you may appear and he heard togetf yWith your and cou nsel if you so desire. By: Murrel R. Walters, III, Esquire, Chairman Barbara A. Zimmerman, Esquire Jennifer Koontz, Esquire cc: Hubert X. Gilroy, Esquire Attorney for Plaintiff Michael R. Rundle, Esquire Attorney for Defendant Court Administrator Cumberland County Courthouse Carlisle, PA 17013 WOLFE & SHEARER REALTORS, Plaintiff GARY J. MULLEN and DEBORAH MULLEN, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-6015 CIVIL TERM CIVIL ACTION LAW RULE 1312.1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Hubert X. Gilroy, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $5,488.00. The counterclaim of the Defendant of the Defendant is $-0-. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Hubert X. Gilroy, Esquire and Michael R. Rundle, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully subs tt d ubert X. Gilroy, quire Attorney for PI 'ntiff j CORDER OF COURT NOW, f?l?i2(,E/ / 2000, in consideration of the foregoing petition,. Esq., and the above prayed for. are appgi9ited arbitrators in Byt o r J. !i C l J ` c f)L- c , cD _-I - o U Y CC) C\j ) } ". - F--7 EL U JOHN H. BROUIOS HuBERr X. GILROY BROUJOS & GILROY, P.. c. ATTORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 2434574 FACSIMILE: (717) 2439227 INTERNET:brgnroypc®aoLcom NON-TOLL FOR HARRISBURG AREA 717-766-1690 March 27, 2000 Murrel Walters, III, Esquire 54 East Main Street Mechanicsburg, PA 17055 Re: Wolfe & Shearer v Mullen Dear Murrel: I see where you have been appointed as the Chairman of the Board of Arbitrators in the above matter. Mike Rundle is out for several weeks for medical reasons, and I have no problem whatsoever with the hearing in this case being scheduled for a time when Mike returns and is able to prepare for the hearing. Sincerely yours, Hub . Gilroy be cc: Michael Rundle, Esquire Ray L. Wolfe, Esquire WOLFE & SHEARER REALTORS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO.99- (?C/? CCU+I GARY J. MULLEN and DEBORAH MULLEN, Defendants : CIVIL ACTION -LAW NOTICE TO PLEAD 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 (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any 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 717-249-3166 WOLFE & SHEARER REALTORS : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 99- Gois? CIVIL TERM GARY J. MULLEN and DEBORAH MULLEN, Defendants COMPLAINT Plaintiffs, Wolfe 8r Shearer Realtors, by their attorneys, Broujos & Gilroy, P.C., sets forth the following: Plaintiffs, Wolfe 8t Shearer Realtors, is a real estate partnership owned and operated by William L. Shearer, Jr. and Ray L. Wolfe, Jr. with principle offices located at 33 South Pitt Street, Carlisle, Cumberland County, Pennsylvania. 2 Defendants, Gary L. Mullen and Deborah Mullen, are adult individuals and husband and wife residing at 8 West Yellow Breeches Creek Road, Carlisle, Cumberland County, Pennsylvania. 3 On May 1, 1998, Defendants entered into an exclusive right to sell real property with Plaintiff's for the sale of real estate owned by the Defendants at 40 Kings Gap Road, Carlisle, Pennsylvania (hereinafter referred to as Kings Gap Property). A copy of said listing agreement is attached hereto and marked Exhibit "A". 4 The listing agreement provided for the Plaintiffs to market the Kings Gap Property for a period of three (3) months. 5 During the next three (3) months, Plaintiffs and agents for Plaintiffs vigorously marketed the Kings Gap Property and, during that time, showed the property to Mr. and Mrs. John Dell (the Dells). 6 On August 1, 1998, the listing agreement between Plaintiffs and Defendants expired. 7 In December of 1998, Plaintiffs and their agents continued to work with the Dells for the sale of real estate owned by the Dells and, upon consummation of that sale, the Dells again renewed their interest in the purchase of the Kings Gap Property from the Defendants. 8 In January of 1999, representatives of Plaintiffs contacted Defendant Gary Mullen and confirmed Mr. Mullen's continued interest in selling the Kings Gap Property and obtained his permission to renew the marketing efforts of Plaintiffs to sell the Kings Gap Property to the Dells. 9 After various communications between agents for the Plaintiff and the Defendants between January and March of 1999, on March 10, 1999, agents for the Plaintiffs presented to the Defendant an agreement of sale for the sale by the Defendants of the Kings Gap Property to the Dells. 10 At the meeting on March 10, 1999, Defendants raised the issue of the real estate commission to be paid to Plaintiffs and suggested they wanted to pay a flat real estate fee of $3,000.00 rather than the 6% commission as agreed. After negotiations between Defendants and Harry Snyder, agent for Plaintiffs, an agreement was reached that Defendants would pay a 4% commission on the sale of the Kings Gap Property to the Dells. 11 Subsequent to March 10, 1999, Defendants advised Plaintiffs that they would no longer deal with Plaintiffs with respect to the sale of the Kings Gap Property. 12 Subsequent to March 10, 1999, Defendants enter into a sales agreement with the Dells for the sale of the Kings Gap Property with the said sale being consummated by a settlement on May 28, 1999 at a sale price of $137,200.00. 13 Plaintiffs were the efficient cause of the production of the Dells as a buyer for the Kings Gap Property and the sale of the Kings Gap Property by the Defendants to the Dells was brought about through Plaintiff acting as the procuring cause of the sale. 14 Plaintiffs conferred a benefit upon the Defendants by virtue of the extensive marketing efforts for the sale of the real estate and by virtue of their extensive involvement of negotiations between Defendants and the Dells which ultimately resulted in the Dells purchase of the Kings Gap Property. 15 In January of 1999, Defendants had entered into a verbal agreement with Plaintiffs to pay Plaintiffs a commission of 6% upon the sale of Defendants real estate to the Dells. The parties then modified this verbal agreement on March 10, 1999 whereby Defendants agreed to pay a commission of 4% on the sale of the Kings Gap Property to the Dells. 16 Based upon the sale of the Kings Gap Property for the stated price of $137,200.00, Defendants owe to Plaintiffs a real estate commission in the amount of 4% which is $5,488.00. WHEREFORE, Plaintiffs request your honorable court to enter a judgement against Defendants in the amount of $5,488.00 plus costs of prosecution. Respectfully submitted, Hubert X. Gil y, Esq. Attorney fo Plaintiffs Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. c ? DATE: Ray L. olfe, G LL .. li L? L .,71 (\)f) !' J J LI -7 U 8 ti ?V V N% 16 t ` WOLFE & SHEARER REALTORS, Plaintiff v. GARY J. MULLEN and DEBORAH MULLEN, Defendants To the Plaintiff: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6015 CIVIL TERM CIVIL ACTION - LAW NOTICE You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service thereof or a default judgment may be entered against you. ADDAMS & RUNDLE By: "'&o Michael R. Rundle, Esquire Supreme Court I.D. No. 27768 28 South Pitt Street P.O. Box 208 Carlisle, PA 17013 (717) 249-8300 Attorneys for Defendants WOLFE & SHEARER REALTORS, Plaintiff V. GARY J. MULLEN and DEBORAH MULLEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6015 CIVIL TERM CIVIL ACTION - LAW ANSWER AND NOW, come the Defendants, Gary J. Mullen and Deborah Mullen, by and through their attorneys, Addams & Rundle, and set forth the following Answer to Plaintiff's Complaint: 1. Admitted. 2. Admitted, except that Defendant Gary Mullen's middle initial is J. 3. Denied as stated. It is admitted that Defendant Gary J. Mullen entered into a listing agreement with the Plaintiff to sell said property. It is denied that Defendant Deborah Mullen entered into said agreement, and it is denied further that Defendant Deborah Mullen had an ownership interest in said property. 4. Admitted. 5. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 5, and said averments are denied and proof thereof demanded. 6. Admitted. 7. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 7, and said averments are denied and proof thereof demanded. 8. It is admitted that a representative of Plaintiff contacted Defendant Gary J. Mullen in January, 1999. It is admitted further that Defendant Gary J. Mullen gave verbal permission to Plaintiff to continue marketing efforts to sell said property to the Dells. It is denied, however, that Defendant Gary J. Mullen agreed to extend the listing contract entered into on May 1, 1998 by granting said permission and denied further that any agreement was reached with respect to a sales commission during said conversation. 9. It is admitted that agents of Plaintiff had various communications with Defendant Gary J. Mullen between January and March 10, 1999 and that an agent of Plaintiff presented a proposed agreement of sale from the Dells to Defendant Gary J. Mullen on or about March 10, 1999. It is denied that Defendant Deborah Mullen had communications with agents of Plaintiff or that an agreement of sale was presented to her. 10. It is admitted that the subject of real estate commissions arose between Harry Snyder, an agent of the Plaintiff, and Defendant Gary J. Mullen on March 10, 1999. It is admitted that Defendant Gary J. Mullen proposed a flat fee of $3,000.00. It is denied that Defendants, or either of them, agreed to pay a 4% commission on the sale of said property to the Dells. Neither a listing agreement nor an agreement of sale was signed by Defendant Gary J. Mullen or Defendant Deborah Mullen on March 10, 1999. 11. Denied as stated. It is admitted that Defendant Gary J. Mullen, not Defendant Deborah Mullen, advised Plaintiff that he would no longer deal with Plaintiff on the sale of said property. 12. Denied as stated. It is admitted that Defendant Gary J. Mullen, not Defendant Deborah Mullen, entered into an agreement to sell said property to the Dells subsequent to March 10, 1999, said agreement being entered into on April 27, 1999. It is further admitted that Defendant Gary J. Mullen sold said property to the Dells for the sum of $137,200.00 on May 28, 1999. 13. The averments of Paragraph 13 are conclusions of law to which no responsive pleading is required. Alternatively, it is denied that Plaintiff was either the efficient cause or the procuring cause of said sale. e 14. Denied. The actions of Harry Snyder, agent of the Plaintiff, were detrimental to the sale of said property. But for the direct negotiations between Defendant Gary J. Mullen and the Dells, the sale to the Dells would not have taken place. 15. Denied. Neither Defendant Gary J. Mullen nor Defendant Deborah Mullen entered into a verbal agreement with Plaintiff to pay a commission of 6% to Plaintiff upon the sale of said property to the Dells in January 1999. No agreement modification occurred on March 10, 1999, as there was no agreement to modify. Neither Defendant Gary J. Mullen nor Defendant Deborah Mullen agreed to pay a commission of 4%. 16. The averments of Paragraph 16 are conclusions of law to which no responsive pleading is required. i NEW MATTER 17. The Listing Contract dated May 1, 1998, between Defendant Gary J. Mullen and the Plaintiff attached as Exhibit "A" to Plaintiff's Complaint expired August 1, 1998. 18. The sale of the Kings Gap property from Defendant Gary J. Mullen to the Dells occurred more than sixty (60) days I from the expiration of said Listing Contract. 1 19. By the terms of Paragraph 29 of said Listing Contract i any changes to said Listing Contract were to be in writing signed by the parties. 20. There were no written changes to said Listing Contract signed by the parties. 21. Defendants believe, and therefore aver, that in December, 1998 Plaintiff, through its agent(s), represented to the Dells that the Kings Gap property was listed for sale with the Plaintiff and that any offer to purchase said property would have to go through the Plaintiff. 22. At the time said representations were made, there was no listing agreement in effect between the Plaintiff and the Defendants, or either of them. 23. In January 1999, when verbal permission was given by Defendant Gary J. Mullen to Ray L. Wolfe, Jr. to continue marketing the Kings Gap property to the Dells, there was no agreement on a real estate commission to be paid to the Plaintiff if the property was sold to the Dells. 24. On March 10, 1999 Defendant Gary J. Mullen attempted to negotiate an agreement for a real estate commission with Harry Snyder, agent for Plaintiff, but no agreement was reached. WHEREFORE, Defendants request Plaintiff's Complaint against them be dismissed. ADDAMS & RUNDLE By; Michael R. Rundle, Esquire Supreme Court I.D. No. 27768 28 South Pitt Street P.O. Box 208 Carlisle, PA 17013 (717) 249-8300 Attorneys for Defendants VERIFICATION Gary J. Mullen and Deborah Mullen hereby verify that the facts set forth in the foregoing Answer are true and correct to the best of their knowledge, information and belief, and understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications. DATE: / f/y/rf it / q`aq CERTIFICATE OF SERVICE AND NOW, this day of November, 1999, I, Michael R. Rundle, of Addams & Rundle, attorneys for Defendants, hereby certify that I have served a copy of the Answer and New Matter by mailing a copy of the same by United States mail, postage prepaid, addressed as follows: Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 lf) ?. 1=.5 t. (?l?' J ??`?- 4i7 ?'1 l_r ? ?4 ' ? ( . L IL ' ?? Cn 1 Ol iJ 717-2434574 7WI690 WOLFE & SHEARER REALTORS VS. MULLEN GARY J ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon MULLEN GARY J the defendant, at 13:55 HOURS, on the 11th day of October 1999 at 8 W YELLOW BREECHES CREEK ROAD CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to GARY J. MULLEN a true and attested copy of the COMPLAINT together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 4.96 2 Affidavit .000 0 q Surcharge 8.00 R.-Biomass Cline, 5 eri -BROUJOS999GILROY by /?nur?v e 1 Sworn and subscribed to before me this ??--,..( day of 19Q A.D. ro ono ?? . , a SHERIFF'S RETURN - REGULAR CASE NO: 1999-06015 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WOLFE & SHEARER REALTORS v5. MULLEN GARY J ET AL CPL. TIMOTHY RIETZ Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon MULLEN DEBORAH the defendant, at 13:55 HOURS, on the 11th day of October 1999 at 8 W YELLOW BREECHES ROAD CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to GARY J. MULLEN a true and attested copy of the COMPLAINT together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 So answers: 00 . 8.00 nomas xiine, SFieri $T4-.TU-BROUJOS9& GILROY 10/12/199 by Sworn and subscribed to before me this 1 day of 19? A. D. eP eri WOLFE & SHEARER REALTORS, Plaintiff v GARY J. MULLEN and DEBORAH MULLEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6015 CIVIL TERM CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER Plaintiff, Wolfe & Shearer Realtors, by their attorneys, Broujos & Gilroy, P.C., sets forth the following in response to New Matter pled by the Defendants: 17 Admitted. Admitted. Admitted. Admitted. 18 19 20 21 Denied. On the contrary, Plaintiffs or its agent(s) never represented to the Dells that the Dells were required to deal with the Plaintiff in order to purchase the Defendant's Kings Gap property. 22 Denied. The answer as set forth in Paragraph 21 above is incorporated herein by referenced thereto. 23 Admitted that there was no discussion in January of 1999 between Gary J. Mullen and Ray L. Wolfe, Jr. with respect to a real estate commission to be paid to the Plaintiff upon the sale of the real estate to the Dells. 24 Denied. On the contrary, the parties agreed that a commission of 4% would be paid. WHEREFORE, Plaintiff requests your honorable court to enter judgement in favor of Plaintiff against the Defendant. Respectfully submitted, Gl Hubert, Esq. Attorney for laintiff Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4904 relating to unswom falsification to authorities. DATE: L! Z I5 ?! Nt Ray L. W?ollfe`,, J?r?.G y _ C? V'? C: '. 1 v Plaintiff GARY 3. MULLEN and DEBORAH MULLEN, Defendants TO THE PROTHONOTARY: ••. a,1 . ? ui%i ur t-ummuni YLtAJ Ut CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6015 CIVIL TERM CIVIL ACTION - LAW PRAECIPE Please mark the above captioned action settled and discontinued. Respectfully submitted, Hub?l' oy, Esquire Attorney for Plaintiff Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 ?:, _, :.? ?? - , :,?