HomeMy WebLinkAbout99-07800
?'e
'i
JOSEPH WILLIAM FECIITER, IN THE COURT OF COMNION PLEAS
Plaintiff CUMBERLAND COUNTY, PA
v.
No. 99- 'Ipojr ?rUC'C
WAYNE T. FECI-ITER, CIVIL ACTION - LAW
Defendant JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days alter 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 ntay 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, PA 17013
(717) 249-3166 or 1-800-990-9108
N 0 T I C I A
Le han demandado a usted on la torte. Si usted quiere dcfenderse de estas dernandas
expuestas en ]as paginas siguicntes, listed ticne vienlc (20) dias de pl.u•.o al partir do la facha de la demanda
y la notification. Usted debe presentar una apariencia escrita o on Persona o per abogado y archivar en la
torte on fomna escrita sus defensas o sus objectiones a ]as demandas encontra de su persona. Sea avisado
quo si usted no se defiende, la torte tomara rnedidas y puede entrar una orden contra usted sin previo aviso
o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder
dincro o sus propiedades o otros derechos intportantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN
PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
S 1;19-I.5/Cnq+IUIII1R?cnn 12127/99 10:17 AU
JOSEPH WILLIAM FECFITER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 99• 'ISP(J GucO Tu.-
WAYNE T. FECI-ITER, CIVIL ACTION- IN LAW
Defendant
COMPLAINT
NOW COMES Plaintiff, Joseph William Feebler, by and through his attorneys, Sntigcl,
Anderson & Sacks, and respectfully represents the following, to wit:
Plaintiff, Joseph William Fechter, is an adult individual residing at 601 St. John's
Drive, Camp Hill, Cumberland County, Pennsylvania.
2. Defendant, Wayne T. Fechter, is an adult individual residing at 4702 Delbrook
Road, Mechanicsburg, Cumberland County, Pennsylvania.
3. From approximately late 1991 to July 23, 1997, Plaintiff was primary caretaker of
his mother, Virginia Elizabeth Fechter, and father, Albert W. Fechter. These duties included,
among others, paying bills, errands, upkeep of the home, transportation and coordination of
medical care for his parents.
4. Plaintiff's father gave Plaintiff a durable Power of Attorney on April 13, 1993. A
true and correct copy of the Power of Attorney is attached hereto as Exhibit A and made a part
hereof.
5. Plaintiffs duties as sole caretaker of his father, Albert W. Fechter, eventually
took their toll. Plaintiff suffered a nervous breakdown and was admitted to a hospital for
treatment.
6. As a result of Plaintiffs condition, Plaintiff was temporarily unable to fully
assume the role of caretaker for his father. Plaintiff turned to his brother, Defendant, for help.
T_.? __ _...... ?_
7• In light of Plaintiffs illness, Defendant agreed to help Plaintiffcare for his father
so long as an Agreement between Plaintiffand Defendant was signed which provided that in
consideration for Defendant assuming the responsibility for taking care of his father, Albert W.
I
Fcchtcr, Plaintiff would transfer a one-third (113) interest in real estate located at 601 St. John's
Drive, Camp Hill, Cumberland County, Pennsylvania, after his father's death (hereafter the
"Property"). The Will of Albert W. Fechterdevised the Property to Plaintiff. A true and correct
I copy of the Will of Albert W. Fechter is attached hereto as Exhibit B and made a part hereof. A
true and correct copy of the Agreement is attached hereto as Exhibit C and made a part hereof.
8• Defendant filed the Agreement with the Cumberland County Recorder of Deeds.
9• Albert W. Fechter died on July 23, 1997. His Will executed April 30, 1996,
devised the Property to Plaintiff in recognition for the unselfish time and attention Plaintiff
expended in taking care of Albert W. Fechter and his wife.
10. On or about March 19, 1999, the Estate of Albert W. Fechter sent to the necessary
parties a proposed Family Settlement Agreement and Final Release (hereafter "Family
Agreement') for acceptance and signature. The Family Agreement proposed that title to the
house be conveyed to Plaintiff pursuant to the terms of the Will.
11. On or about April 8, 1999, Defendant, by and through his counsel, Ralph B.
Pinskey advised counsel for the Estate of Albert W. Fechter that Defendant would not sign the
Family Agreement.
12• Defendant claims an interest in said Property adverse to Plaintiff.
COUNTI
ACTION TO OUIET TITLE
13• Paragraphs 1 through 12 are incorlmorated herein as if set out in frill.
2
14. The Agreement of June 2, 1997, creates a cloud upon the title of Property. The
Agreement is invalid and should be discharged for the following reasons:
a. The Agreement is not a full and final expression of the terns between the
parties at the time the Agreement was entered into based on the
circumstances existing at that time;
b. Defendant is in breach of the Agreement as Defendant failed to perform
duties of caretaker in accordance with paragraph 2 of the Agreement;
C. The Agreement lacks consideration for Defendant, as the son of decedent
did not promise to do anything he was not previously obligated to do when
he agreed to care for his elderly father;
d. Plaintiff lacked capacity to enter into a valid agreement where he
hospitalized himself for a nervous condition at the time lie made the
Agreement at issue.
WHEREFORE, Plaintiff seeks relief as follows:
a. A Court Order determining the Agreement invalid and requiring the
Recorder of Deeds to strike it from the docket;
b. An Order declaring that Plaintiff owns in fee simple and is entitled to quiet
and peaceful possession of the Property described in paragraph 6 above;
C. An Order declaring that Defendant has no estate, right, title, lien or
interest in or to said property or any part thereof,
d. That title to said Property be quieted in Plaintiff; and
C. Costs of this action to be paid by Defendant.
Respectfully submitted,
Date: ? I C(9
SMIGEL, ANDERSON & SACKS
LeRoy' mlgo squire 7
I.D. # 09617
Heather D. Royer, Esquire
I.D. # 76327
2917 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Plaintiff
VERIFICATION
I, Joseph William Fcchtcr, verify that the statements contained in the foregoing
Complaint are true and correct to the best of my knowledge, information and belief. I understand
that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to
unswom falsification to authorities.
Date: /zl V-97
n
r
s
dt)
Q
L
x
W
i?
y 'r
._...'-' DURABLE POWER OF, ATTORNEY A .
KNOW ALL PERSONS BY THESE PRESENTS:
That I. ALBERT W. PECHTER. Social Security Number 092-16-4661, of the
Commonwealth of Pennsylvania, currently in 601 Saint John's Drive, Camp Hill,
Pennsylvania 17011, do hereby appoint my son, JOSEPH WILLIAM FECHTER, presently of 601
Saint John's Drive, Camp Hill, Pennsylvania 17011, my true and lawful attorney-in-fact
to manage and conduct all my affairs and act in all matters in my name and in my behalf.
Such acts shall include:
1. To lease, sell, use, establish title to, register, insure, transfer, mortgage,
maintain, manage, pledge, exchange or otherwise dispose of or encumber any and all of my
property, real, personal, or mixed, including motor vehicles of any kind, and to execute
and deliver good and sufficient deeds or other instruments for the lease, conveyance,
mortgage, maintenance, or transfer of the same.
2. To buy, receive, lease, accept or otherwise acquire in my name and for my
account, property, real, personal or mixed upon such terms, considerations and conditions
as my said attorney-in-fact shall deem appropriate.
3. To transact all business of mine on my behalf including entering into contracts
and the making of such investments as my attorney shall deem sound.
4. To institute and prosecute, or to appear and defend, any claims or litigation
involving me or my interests. This shall include, but not be limited to, the authority
to present a claim against the United States for damage to or loss of personal property.
5. To prepare, execute, and file all tax returns and to receive and negotiate all
tax refund checks.
6. To execute all documents needed for travel of my family members and
transportation or storage of my property, as authorized by law and military regulations;
to sign for and clear government or other quarters in the best interests of my family
members and in accordance with law and Military regulations.
7. To demand, act to recover, and receive, all sums of money which are now or will
become owing or belonging to me, and to institute accounts on my behalf and to deposit,
draw upon or expend such funds of mine as are necessary in furtherance of the powers
granted herein. This shall include, but not be limited to, the authority to receive,
endorse, cash, or deposit negotiable instruments made payable to me and drawn upon the
Treasurer, or other fiscal officer or depository, of the United States.
The above described powers are merely examples of the authority granted by this
document and not in limitation or definition thereof. However, my Agent shall have no
rights or powers hereunder with respect to the following:
a. Life Insurance: My Attorney shall have no rights or powers hereunder to cancel
or change the beneficiary of any policy of life insurance owned by me.
b. Fiduciary Powers: My Attorney shall have no rights or powers hereunder with
respect to any act, power, duty, right or obligation, relating to any person, matter,
transaction or property, owned by me or in my custody as a trustee, custodian, personal
representative or other fiduciary capacity for someone else.
I HEREBY GIVE AND GRANT UNTO MY ATTORNEY FULL POWER AND AUTHORITY TO DO AND PERFORM EACH
AND EVERY ACT AND MATTER CONCERNING MY ESTATE, PROPERTY, AND AFFAIRS AS FULLY AND
EFFECTUALLY TO ALL INTENTS AND PURPOSES AS I COULD DO LEGALLY IF I WERE PRESENT.
HORIZE MY ATTORNEY TO INDEMNIFY AND HOLD HARMLESS ANY THIRD PARTY WHO ACCEPTS
ACTS UNDER OR IN ACCORDANCE WITH THIS POWER OF ATTORNEY.
PIP
I intend for this to be a DURABLE Power of Attorney. This Power of Attorney will
continue to be effective if I become disabled, incapacitated, or incompetent.
I direct my attorney-in-fact to seek legal counsel in order to determine the
existence of legal requirements, such as required filing or placement of notices, which.
may affect the validity of this document.
I HEREBY RATIFY ALL THAT MY ATTORNEY SHALL LAWFULLY DO OR CAUSE TO BE DONE BY THIS
DOCUMENT.
This Power of Attorney shall become effective when I sign and execute it below.
Further, unless sooner revoked or terminated by me, this Power of Attorney shall become
NULL and VOID on 1 January 2013.
Notwithstanding my inclusion of a specific expiration date herein, if on the
above-specified expiration date, or during the sixty (60) day period preceding that
specified expiration date. I should be or have been determined by the United States
Government to be a military status of 'missing," "missing in action,' or 'prisoner of
war," then this Power of Attorney shall remain valid and in full effect until sixty (60)
days after I have returned to United States military control following termination of
such status UNLESS OTHERWISE REVOKED OR TERMINATED BY ME.
IN WITNESS WHEREOF, I sign, seal, declare, publish, make and constitute this as and
for my Power of Attorney in the presence of the Notary Public witnessing it at my request
this date, 13 April 1993.
ALBERT W. FECH ER
OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I, the undersigned, certify that I am a duly commissioned, qualified, and authorized
notary public. Before me personally, within the territorial limits of my warrant of
authority, appeared ALBERT W. PECHTER, who is known by me to be the person who is
described herein, whose name is subscribed to, and who signed this Power of Attorney as
Grantor, and who, having been duly sworn, acknowledged that this instrument was executed
after its contents were read and duly explained, and that such execution was a free and
voluntary act and deed for the uses and purposes herein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affix my official seal on 13
April 1993.
Notary zc
My Commission E3Sfirv 5 h
l
I o ? Of'
PAGE 2 OF 2 PAGES
co
a
r
W
LAST WILL AND TESTAMENT
OF
ALBERT WILLIAM FECHTER
I, ALBERT WILLIAM FECHTER, of Camp Hill, Cumberland County,
Pennsylvania, declare this to be my Last Will and Testament, and revoke any and all Wills
and Codicils previously made by me.
ITEM I: I direct that all my just debts, fimeral expenses and last medical
expenses shall be paid from the assets of my estate as soon as practicable after my decease.
EM II: All federal, state and other death taxes payable because of my
A
death with respect to the property forming my gross estate for tax purposes, whether or not
passing under this Will, including any interest or penalty imposed in connection with such
I
tax, shall be considered a part of the expense of the administration of my estate and shall be
paid out of the principal of my estate, without apportionment or right of reimbursement.
ITEM III: I give, devise and bequeath all of my estate of every name and
nature wheresoever situate unto my Wife, Virginia Elizabeth Fechter provided she survives
me-by thirty (30) days.
ITEM IV: Should my Wife, Virginia llizabeth Fechter, predecease me, die
within thirty (30) days of my death, or should we die in a common accident or disaster, I
give devise and bequeath all of my Estate, as follows:
9
(A) My real estate and residence located at 601 St. Johns Drive, Camp Hill,
Pennsylvania, to my son Joseph William Fechter. I make this disposition due to the unselfish
time and attention my son has expended in taking care of me, my Wife and all of our
personal affairs.
(B) All of the personal property contained in my residence at 601 St. Johns
li Drive, Camp Hill, Pennsylvania shall be divided equally among my surviving children, with
i?
i; the exception of all the furniture and appliances contained in my home, and all tools and
;;I equipment used to maintain the home, which should remain with my son Joseph William
I?
Fechter. I trust that my children will be able to arrive at an amicable distribution of the
I.
balance of the personal property, but in the event of disagreement, I direct that they draw lots
li
j with each child, in order of age, selecting one item in turn tmtH all selections that are desired
I+? have been made.
;i
li
! (C) The rest, residue and remainder of my estate of every name and nature
and wheresoever situate, I give, devise and bequeath, in equal shares, per stirpes, to my four
children, Albert Wayne Fechter, Wayne Thomas Fechter, Joseph William Fechter, and Marie
Elena Wilson.
ITEM V: Should any of my children not survive me, then the share of that
deceased child shall go to the descendants of that child, who are to take per stirpes and not
ii per capita If any of my children shall not survive me and shall not be survived by any
i
II descendants, then the share of that deceased child shall be disaibuted to my su.-viving
II •
r
1
i
i
i?
eA
P
. It,
children and the descendants of any of my other children who fail to survive me, in the
manner set forth above.
ITEM VI: I appoint my son, Joseph William Fechter, as the Executor of this
my Last Will and Testament.
MM VII: I direct that my Executor, and his successors, shall not be
required to give bond for the faithfiil performance of the duties in any jurisdiction.
IN WTINUS WHEREOF, I have hereunto set my hand and seal this
311th day of Ami1 1996.
ALBERT WHI AM FECHTER
The preceding instrument, consisting of this and two other typewritten pages
was, on the date thereof, signed, published and declared by Albert William Fechter, the
testator therein named, as and for his Last Will, in the presence of us, who, at his request,
in his presence, and in the presence of each other, have subscribed our names as witnesses
hereto.
.,
? r-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN )SS:
WE, Albert William Fechter? and Gilbert Ray Ma arc,
John W.Puxcell, Jr.
the testator and. the witnesses, respectively, whose
names are signed to the attached or foregoing instrument, being first duly sworn, do
hereby declare to the undersigned authority that the testator signed and executed the
imlr=ent as his last Will, and that he had signed willingly that he executed it as his free
and voluntary act for the purposes therein expressed, and that each of the witnesses, in
the presence and hearing of the testator, signed the Will as witnesses and that to the best
of their knowledge the testator was at that time eighteen years of age or older, of sound
mind and under no constraint or undue influence.
Tesrator
Subscribed, sworn to and acknowledged before me, by Albert William
Fechter, the testator, and subscribed and sworn to before me by
Gilbert gay aaro and John W. Purcell Jrwitn
8nri1 , 1996. this 30th day of
.NUB QABINwiN
Grp PA 0WIn btk
Con ntzim:EwesSED 7
ka
,_„z
I
__?
I
1 .
r
U
a
r
F'
P
? r-
`)" 71f,
6
AGREEMENT
J
AND NOW, this day of 3al%le- 1997, comes Joseph William
rechler and Wayne T. Fechlcr.
/3 UJ
cn
WITNESSETII: F+
u.
3 ?
the Executor for the Estnte of I
entl
i
h C G ?j
fat5p?
i.+
y
s pres
lcr
Joseph William Fec
WHEREAS v
,
cz
s n
Albert W. Fechler, under Will dated April 30. 1996; and
WHEREAS, Joseph William Fechter is also the named Attorney-in-Fact for his father,
Albert W. Fechter, and has recently appointed Wayne T. Fechler as successor Attorney-in-Fact
under his father's Durable Power of Attorney dated April 13, 1993.
NOW THEREFORE, in consideration of the above recitals and the following covenants
and promises mutually made and mutually to be kept, the parties heretofore, intending to be
legally bound, covenant, promise and agree as follows:
1. Wayne T. Fechler has assumed responsibilities for taking care of his father, Albert W.
Fechter, as successor Attorney-in-Fact under Power of Attorney dated April 13, 1993, and
appointment of successor attorney dated May 6, 1997.
2. In consideration of assuming responsibility for the day to day care of the said Albert
?'moy' 554 60
dr)
W. Pechter, and all of his personal and financial affairs, Joseph W. Fechler agrees that upon the
death of his father, Albert W, Pechter, he shall transfer to Wayne T. Pechter a one-third interest
in the real estate located at 601 St. John's Drive, Camp I Hill Pennsylvania 17011, or, at his 0%W `FLy
I,oPlion, pay to Wayne T. Pechter an amount equal to one-third the then fair market value of said
41'1 ••
r i .•"3' f?.'t;:;' 1N WITNESS WIIERCOP, We hereby set our hands and !;(!"Its this -)-'(day or
u 1997, in the presence of a Notary Public witnessing at our request.
State of Pennsylvania
County of Cumberland 88
Recorded in the office for the recording of Deeds
act. in nd for ?C m¢ erland County, Pa,q
inBook L`]Vol. =page witness my hand and seal of office of
Carlisle, PA this ?f day of -19 4
-/-- I% - R rdar rl>c.....
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
ss:
On this, the ' day of J^J f-, _ 1997, before me, the undersigned officer,
personally appeared Joseph William Pechter and Wayne T. Pechter known to me (or
satisfactorily proven) to be the persons whose names subscribed to the within instrument, and
acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WI 113-11130F, I have hereunto set my I )and and official seal /
tart' Public
ly commission expires:
(SEAL)
EjJM OTARIAL SEAL
WOLFE,MularyFLh!Ic
, pA Oattphin Cnty
innEzpiles5opl.4,1097
)?K? I,li:( 1ij1J
JOSEPH WILLIAM FECHTER,
Plaintiff
V.
WAYNE T. FECHTER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLANDCOUNTY, PENNSYLVANIA
NO. 99-7800 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT WITH COUNTERCLAIM
Admitted.
2. Admitted.
3. Denied. After a reasonable investigation Defendant is without knowledge or
information sufficient to form a belief and to the truth of this averment. Therefore, strict proof
thereof is demanded.
4. Admitted.
5. Denied. Defendant is without knowledge or information sufficient to form a belief
as to the truth of this averment as all means of proof are in the exclusive possession and control of
Plaintiff. Therefore, strict proof thereof is demanded.
6. Admitted in part and denied in part. It is admitted that Plaintiff asked Defendant to
assume his duties under the durable Power of Attorney (Exhibit "A"). The remainder of this
allegation is denied for the reasons set forth in Paragraph 5 hereof.
7. Admitted in part and denied in part. It is admitted that Exhibit "B" is a true and
correct copy of the Will of Albert B. Fechter. It is also admitted that Exhibit "C" is a true and
correct copy of the written agreement between Plaintiff and Defendant under which Defendant
agreed to assume Plaintiffs duties under said durable Power of Attorney, inconsideration of which
Plaintiff agreed, at his option, either to transfer to Defendant a one-third (1/3) interest in the real
estate located at 601 St. John's Drive, Camp Hill, Pennsylvania, after the father's death, or to pay
Defendant an amount equal to one-third ('/a) of the then fair market value of said property. The
remainder of this allegation (in particular the allegation regarding Plaintiffs illness) is denied for
the reasons set forth in Paragraph 5 hereof.
8. Admitted.
9. Admitted in part and denied in part. It is admitted that Albert W. Fechter died on
July 23,1997 and that his Will dated April 30,1996 devised to Plaintiff the real estate located at 601
St. John's Drive, Camp Hill, PA. Although Albert W. Fechter's Will does state that he was making
this devise to Plaintiff "due to the unselfish time and attention Joseph William Fechter has extended
in taking care of the decedent, the decedent's wife, and all of their personal affairs, Defendant,
after a reasonable investigation, is unable to form a belief as to the truth of his father's statement.
Therefore, strict proof thereof is demanded.
10. Admitted.
11. Admitted.
12. Admitted.
13. Paragraphs 1 through 12 hereof are incorporated by reference as if set forth at length.
14. Admitted in part and denied in part. It is admitted that the Agreement of June 2,
1997 casts a cloud on the title to the real estate situate at 601 St. John's Drive, Camp Hill, Pa. It is
denied; however, that said agreement is invalid.
a) Denied. This agreement (which was dratted by Plaintiff's Attorney John W.
Purcell, Jr.) is a full and final expression of the agreement of the parties.
b) Denied. Defendant denies that he breached the said Agreement, or failed to
perform duties of caretaker in accordance with Paragraph 2 of the Agreement.
C) Denied. Defendant denies that the Agreement lacks consideration, or that he
promised to do something that he was previously obligated to do.
d) Denied. Defendant denies that Plaintiff lacked capacity to enter into a valid
agreement. The remainder of this allegation is denied because Defendant is without knowledge or
information insufficient to form a belief as to the truth of the averment as all means of proof are in
the exclusive possession and control of Plaintiff. Therefore, strict proof thereof is demanded.
WHEREFORE, Defendant prays that Court denies Plaintiffs Complaint.
COUNTERCLAIM
15. Paragraphs 1 through 14 hereof are incorporated by reference as if the same were set
forth at length.
16. Defendant alleges that he has fully performed the duties that he agreed to perform
under the Agreement of June 2, 1997 (Exhibit "C").
17. In the alternative, Defendant alleges that Plaintiff unreasonably prevented him from
fully performing said duties under the Agreement of June 2, 1997 (Exhibit "C").
18. Notwithstanding Defendant's performance, or attempt at performance, under the
Agreement of June 2, 1997, Plaintiff stands in breach of Paragraph 2, of said agreement in that
Plaintiff has failed either to convey to Defendant a one-third (1/3) interest in the real estate situate
at 601 St. John's Drive, Camp Hill, Pa., or to pay to Defendant an amount equal to one-third (1/a)
of the then fair market value of the property.
WHEREFORE, Defendant prays that the Court enter an Order, either:
a) Directing Plaintiffto convey to Defendant a one-third (1/3) interest in the real
estate situate at 601 St. John's Drive., Camp Hill, Pa.; or
b) Entering judgment for Defendant and against Plaintiff in an amount equal to
one-third (1/3) of the then fair market value of said real estate, together with lawful interest from
August 23, 1997 (the date of Albert W. Fechter's death); and
e) Directing that Plaintiff pay the cost of this proceeding.
Ralph B. Pinskey
PINSKEY & FOSTER
121 South Street
Harrisburg, PA 17101
(717) 234-9321
(717) 234-7832 (FAX)
Attorneys for Defendant
4
VERIFICATION
1, Wayne T. Fechter, verify that the statements made in the foregoing Defendant's Answer
to Plaintiffs Complaint With Counterclaim are true and correct to the best of my information,
knowledge and belief. I understand that false statements made herein are made subject to
Pa.C.S.A.§4904 relating to unsworn falsification to authorities.
Date: aq /00
Wayne T echter
CERTIFICATE OF SERVICE
I, Ralph B. Pinskey, Esquire, hereby certify that on this ad y of January, 2000,1 served a
true and correct copy of the foregoing Defendant's Answer to Plaintiffs Complaint With
Counterclaim on the following by depositing a copy of the same in the U.S. mail, postage prepaid,
first class postage addressed as follows:
SMIGEL, ANDERSON & SACKS
2917 North Front Street
Harrisburg, PA 17110
Attorneys for Plaintiff
Ralph B. Pinskey,
Attorney for Defei
I11?.? - : )?y
c?
r
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-07800 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FECHTER JOSEPH WILLIAM
VS
FECHTER WAYNE T
SHAWN HARRISON , Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within NOTICE & COMPLAINT was served upon
FECHTER WAYNE T the
DEFENDANT , at 0014:05 HOURS, on the 3rd day of January , 2000
at 4702 DELBROOK ROAD
MECHANICSBURG, PA 17055
WAYNE FECHTER
by handing to
a true and attested copy of NOTICE & COMPLAINT together with
and at the same time directing His attention to the contents thereof
Sheriff's Costs:
Docketing 18.00
Service 6.20
Affidavit .00
Surcharge 8.00
.00
32.20
Sworn and Subscribed to before
me this 1.4,k- day of
17e s ) rtD A. D.
Prothonotary
So Answers:
0
!.-Thomas Kline 7
01/04/2000
SMIGEL, ANDER.ON & SACKS
r
By:
Deput Sher?if f
L •.
:
i?
5199•1.5/AnswerCountcrllIDit/cmr 2/24/001:581M
JOSEPII WILLIAM FECIiTER,
Plaintiff
Vs.
WAYNE T. FECIITER,
Defendant
IN TIIE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.99-7800 CIVIL
CIVIL ACTION -IN LAW
CERTIFICATE OF SERVICE
I, Heather D. Royer, Esquire, hereby certify that a true and correct copy of the
foregoing Answers to Defendant's Interrogatories (First Set) Directed to Plaintiff Joseph
William Fechter was served upon the following as addressed below by depositing the
same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania
on this 7 C7'147 day of F-F_ 43 rwrrp_ (, 2000:
Ralph B. Pinskcy, Esquire
Pinskey & Foster
121 South Street
Harrisburg, PA 17101
SMIGEL, ANDERSON & SACKS
By: O
LeRoy Smigel, Esqui e
I.D. # 09617
Heather D. Royer, Esquire
LD.# 76327
2917 North Front Street
Harrisburg, PA 1110
(717) 234-2401
Attorneys for Plaintiff
1 ?a
I
?I
r
-NQ-Na?? me-ft
X5199•I-5/Ansu'crCuunicrlllUWcmi?/W/W 1:14 15;\I• a -
i?
JOSEPH WILLIAM FECHTER,
Plaintiff
vs.
WAYNE T. FECHTER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7800 CIVIL
CIVIL ACTION - IN LAW
PLAINTIFF'S ANSWF,R TO DF.FF,NDANT'S COUNTF
RCLAIh1
NOW CONIES Plaintiff, Joseph William Fechter, by and through his attorneys, Smigel,
Anderson & Sacks, and answers Defendant's Counterclaim in the following manner, to wit:
15. Paragraph 15 contains averments to which no response is required.
16. Denied.
17. Denied.
18. Admitted in part and denied in part. It is admitted that Plaintiff has not conveyed
to Defendant a one-third interest in the real estate situate at 601 St. John's Drive, Camp Hill,
Pennsylvania. It is admitted that Plaintiff has not conveyed to Defendant an amount equal to
one-third of the then fair market value of the property. It is denied that Plaintiff stands in breach
of paragraph 2 of the Agreement of June 2, 1997.
WHEREFORE, Plaintiff prays this Honorable Court to dismiss Defendant's
Counterclaim and award relief as prayed for in Plaintiff's Complaint.
SMIGEL, ANDERSON & SACKS
By: AC-
Left, Su/igTEsqury`
Attorney ID #09617
Heather D. Royer, Esquire
Attorney ID #76327
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys for Plaintiff
VERIFICATION
1, Joseph William Fechter, verify that the statements contained in the foregoing
Answer to Counterclaim are true and correct to the best of my knowledge, inforniation
and belief. I understand that false statements therein are made subject to the penalties of
18 Pa.C.S. §4904, relating to unsworn falsification to authorities.
Date: ';f-?-?; VvJ
5199.1.5/Ans%ccrCouNcr/II1)a/cmr2J:4100 3:59 I'M '
JOSEPH WILLIAM FECHTL•R,
Plaintiff
VS.
WAYNE T. FECI ITER,
Defendant
IN TILE COUIVI` OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.99-7800 CIVIL
CIVIL ACI'ION - IN LAW
CERTIFICATE. OF SERVICE
1, Heather D. Royer, Esquire, hereby certify that a true and correct copy of the
foregoing Plaintiffs Answer to Defendant's Counterclaim was served upon the following
as addressed below by depositing the same in the United States Mail, first class, postage
prepaid, at Harrisburg, Pennsylvania on this Z5:r-4 day of mq ¢sy?9-2=` , 2000:
Ralph B. Pinskey, Esquire
Pinskey & Foster
121 South Street
Harrisburg, PA 17101
SMIGEL, ANDERSON & SACKS
By: l l L?
LeRoy Smigel, Esgtrir
I.D. # 09617
Heather D. Royer, Esquire
I.D.# 76327
2917 North Front Street
Harrisburg, PA 1110
(717) 234-2401
Attorneys for Plaintiff
JOSEPH WILLIAM FECHTER,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7800 CIVIL
WAYNE T. FECHTER, CIVIL ACTION - IN LAW
Defendant
PRAECIPE TO SETTLE AND DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above-captioned matter settled and discontinued with prejudice.
SMIGEL, ANDERSON
By;
LeRoy Smig'el, Esquire
Attorney ID 09617
Heather D. Royer, Esquire
Attorney ID #76327
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys for Plaintiff
PINSKEY & FOSTER
By:,
Ra7pTi B. Pinsky, Esquire
Attorney ID ft 06Y 77
121 South Street
Harrisburg, PA 17101
(717) 234-9321
7
Attorneys for Defendant