Loading...
HomeMy WebLinkAbout07-3534COMMONWEALTH Of PENNSYLVANIA COURT Of COMMON PLEAS OF CLDUERLAND OOLIM JUDICIAL DISTRICT 09-1-01 NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na Q f NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below KA1HY LAUER., Executor of the ESTATE OFA. Dt ,AMcWILLIANI CHARLES A. M3? MTr JR. CITY STATE 2P CODE 1343 Welling-ton Drive, York, PA 17404 June 8, 2007 I RICHARD M. McBETH JR. SIGNATURE APPMAM OR His A AGENT Cv2o -10-00166-07 Lf :)I? :?? LT 20 1 P ? 11? -Q21' This block will be signed ONLY when this notation is required under Pa. R.CPJP. No. If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after Sigrratcne of Aroihanotary or Deputy tiling his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of lam to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Riaimo M. McBE H JR. ?y -y?, d appe0eeds) , appellee(s), to file a complaint in this apped (Cornrrnon Pleas Nnt' L ,?'S?? 14 ) within twenty (20) days after service of rule or try of judgment of non or tft 8"wroy or so" RICHARD M. McBE7H JR. M. D. I? RULE: To , appelee(s} Name d aupe"s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by maid is the dote of moiling. Date: ?dd??..J'? , 20? • 9?Iehw or 04mo AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WrTHW i EN f l Q/, VAYS AFTER filing the notice of appeal. Check appilcab/e boxes) COMMON WEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby swear of affirm that I served G a copy of the Notice of Appeal, Common Pleas No (date of service) upon the District Justice designated therein on receipt attached hereto, and upon the a 0 by personal service 0 by (certified) (registered) mail, sender's Pon ppelle, (name) 20 O by personal service 0 by (certified) (registered) mail, sender's receipt attached he' On 0 and further that I served the Rule to Fife a Compiaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on mail, sender's receipt attached hereto 20 13 by personal service O by (certified) (registered) SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of official before wllorn affidavit was made Title of official My carnmission expires on 20 Signature of afliant +.? /?.! N ? ` rJ? f_ ... vm '? . JUN-15-2007 01:20PM FROM-SCHRACK & LINSENBACH Law Offices 7174321053 -COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUli RRI AM D,61. NO' . 09-1-01 MDR Name: Hon. CRULBS A. CL$IILSIQT, JR Adareu. 400 21=42 ST OLDS TOW NE COMMON'S -SUITE 3 3NE9ir C11111B8$LAIRD, Phi Tcwnone: (717) 774-5989 17070 T-533 P.001/001 F-947 NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRES5 C. BZIM JR, RIC3;A= iii 7 93 IMUT VX= ST sxrP+ rsTOWN, PA 1701 L J VS, DEFENDANT: NAME and ADDRESS 1ATHY LADEN zzzcmR OF TM ESTATE, 1343 > IN®TON DR A DORTHEA $C WILLIAXIII LYORK, PA 1'1404 J KATHY LAU3M E3 ==OR OF THE ESTATE 1343 WELLZIiFCCTOX DR Docket No,: CV-0000166-07 A DORTHEA MC NZLLI " date Filed: 4/19/07 YORK, PA 17404 THIS IS TO NOTIFY YOU THAT! Judgment , FOR PI.ATNTZFF _. ^(?ie of?ft?dgraapt} Q7/07 __- ® Judgment was entered for: (Name) 9C BETH JR, RICEUM N ® Judgment was entered against: (Name) J=RW D MOWILLIMS Z%ZC OF ESTATE In the amount of $ 6,134.5 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This Case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa,C-S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ -- - Total Post Judgment Credits Post Judgment Costs __- $ 6,000-070 $ 13-4.SD i $Do $ -a2 $ 6,134.501 $ I Certified Judgment Total $ ANY PARTY HAS THE FWHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTiTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL P140CEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUMEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY 9E ISSUED BY THE MAGISTERIAL DISTRICT JUDGE, UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. JUN - 7 2001 Date ,Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2008 SEAL AOPC 315.08 DATE PRIRTB>): 6/08/07 8:22:00 AN --V ..- PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FiLt D W T HIN TRN (10) D4YS AFTER filing the notice of appeal. Check appiicable boxes) COMMON WEALTH OF PENNSYLVANIA COUNTY OF- - -- _ ; ss AFFIDAVIT: I hereby swear of affirm that I served 6`0' upon the District Justice designated therein on Pi l C f A No 0745:54 ' ommon eas ppea a copy of the Notice o t (date of service) O© me T - by personal service liklb-y (certified) (r ) mail, sender's } receipt attached hereto, and upon the appeile, (Warne rC T 4WW" W, on ?/ 0 by personai service wry (certified) (syrsfel?edj mail, sender's receipt attached hereto. (o ' / 9 . 20 _ and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appeliee(efito whom the Rule was addressed on _ 6 200 ? by personal service XT 6y (certified) (Fa%WW-ed) matt, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME ry THIS / ? DAY OF ` d 20_0L_ - - a? Signature of affiant zj Signat o gal before wh affi vrt wac ;grade rv 0 Title of official COMMONWEALTH OF PENNSYLVANIA f III r- My commission expires on Notarialkal - --7anef ore, No u tc- rd? 7j CD Dilisburg Boro, York County _ My Commission Expires Oct. 25, 2010 '--' Member, Pennsylvania Association of Notaries , -+ t z3 ° ?G a- m ED ra r-R M 0 C3 • j O r? ru .• stal Serv ce,. • U.S. Serviwi-. CERTIFIED M AIL RECEIPT CERTIFIE D M?AILT. RECE IPT T. .. nw0c Mail Onl No Inwrance Covemi e Provided) Domeoft y, g a n, T-'11- ? - . Lr) o il 11 1111 1: 11 Postage $ . ?j Postage '41 Certified Fee r 2 m O Certified Fee 2-65- Return Reciept Fee (Endorsement Required) • J Postmark Here C3 0 Return ReciePt Fee (Endorsement Required) 2 • /5 Postmark Here Restricted Delivery Fee (Endo s m t R i d b / r? 7 / C3 r-3 Restricted Delivery Fee (Endorsement Required) b • 7 r en equ re ) e • Total Postage & Fees s Total Postage & Fees $ 5-21 C3 CLE-M -/.f Sent 7o RVA) < ?1s??eLES T C3 entTo lew-ot'D A Ale2?G?/I - 'P ? fleet, Apt. No.; ---- ------------------ ------------- -------- r?treei, Apt No.j or PO Box No. or PO Box No. 5100 lfieAb6r OL10 TAWAAr C.00 f? fir ?/N4 T T - Ci ,Statez1P+4 ----- --------------------- City fate, ZlP+4 DA 17 0 3 , H?i?GA?qus .. ?d/t/d/ vA-186r?tHN? ?? 1707-0' A?ag (; PS Form 3800, June 2002 See Reverse for lnstructior?-- PS Form 3800. June COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS OF C MTEP AIdD Czl[R'Tl'Y AMC1AL DISTRICT 09-1-01 NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. (0'7 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the" cam mentioned below. juice 8, 2007 1RIC'IiARD iA. t,t Wi 0WU!,,'S A. L1H WJT ,1k.. caAW MA S"ATURE OF APPRLAW OR HS A Cv20,040166-07-. k_ , This block will be signed ONLY when t6"Mtelioa is required under Po. R CPJA No. 10086. - TNr- a of Appeal, ''vJhen received by the DisWKf Justice, will operate 'a3 a SUPERSEDEAS to the judgment for possession in this coke. If apAebent was CLAIMANT (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. signat" of, Arothonowy or Deputy J TO TO FILE (771is section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001( IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPEs To Prothonotary TO FILE in action before DistricO histice. Enter rule upon _ 1,I(iku D M. ivieDE-111 ih, appellee(s), to file a complaint in this appeal ` Name of appelkWs) (Common Pleas No. ^:7 i f J ) within twenty (20) Boys after service of rule ors entry of judgment of non pros. 1 of s oeikr* or his ananey of aysnt IyICILAW 1`.'l. 11,kBMf ilt. ?'d!1• _ ). SQ I I I RULES To oppelleos), t4w a C44ws?ws) y `t - (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after tfre dote of service of this rule upon YOU by,pwsd d,,wvice or by certified or registered mat. (2) fE you tl"t Ifile a complaint wilt tl is time, a JUDC4AENT OF NON PROS WILL , ITERED AM(MT YOU. Xl .. (3) Ttwdo% of service of this nrle if serve was by moil is the dare of mailing ' Dar.: .., ._. ??Q i or ,k 1343 Wellinp?tox Drive, 1'or., PA 17404 , „ . 1 VS. RICHARD M. McBETH JR., 10 DAY NOTICE OF INTENT TO SEEK JUDGMENT OF NON-PROS PURSUANT TO PaRCP 237.4 IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3534 CIVIL IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR CENTER 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 SCIDtACK & I 1XISEUCH. ESTATE OF A. DOROTHEA McWILLIAMS, Defendant TO: RICHARD M. McBETH JR. JULY 26, 2007 WM. D. SCHRACK III, ESQUIRE (15893) Attorney for Defendant 124 West Harrisburg Street P. O. Box 310 Dillsburg, PA 17019-0310 Telephone (717) 432-9733 C7 N C7 Q CJT3 ?:. ...- i?"' .ji , ! RICHARD M. McBETH JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. ESTATE OF A. DOROTHEA NO. 07-3534 CIVIL McWILLIAMS, Defendant CERTIFICATE OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF YORK I, WM. D. SCHRACK III, ESQUIRE, being duly sworn according to law, depose and say that I served a copy of the attached "Ten (10) Day Notice", as required by Pa. R.C.P. 237.4, by United States Postal Service first class mail to Plaintiffs attorney, as follows, on the date set forth thereon. ANTHONY T. McBETH, ESQUIRE 407 NORTH FRONT STREET HARRISBURG, PA 17101 5cmmm & HiSENBACIE[ >.nw oktck?s Date: July 26. 2007 Wm. D. Sc c III, Esquire (15893) SCHRACK & LINSENBACH PC Attorney for the Defendant 124 West Harrisburg Street P.O. Box 310 Dillsburg, PA 17019-0310 Telephone (717) 432-9733 U.S. POSTAL SERVICE CERTIFICATE OF MAI Affix fee here in stamps or meter postage and MAY BE USED FOR DOMESTIC AND INTE Spp?, t f PROVIDE FOR INSURANCE-POSTMASTE C I r-73 urrent ?? EY BONES Received From: !f&190w?,,`Ww 02 1P O O V O ?,(!' ?i 007 ?( 3lOn, MAILED FRO 1 9 One piece of ordinary mail addres ed to: 0 (.V so v! -Z' A447# .40 Ale !,(D 7 A/o env oar -Aerwr- US 11.4,P,eiseve6 .4 ! 7/ 4/ PS Form 3817, January 2001 RICHARD M. McBETH JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. ESTATE OF A. DOROTHEA NO. 07-3534 CIVIL McWILLIAMS, Defendant PRAECIPE FOR JUDGMENT OF NON PROS TO: THE PROTHONOTARY PLEASE ENTER A JUDGMENT OF NON PROS AGAINST THE ABOVE-CAPTIONED PLAINTIFF BECAUSE OF HIS FAILURE TO FILE A COMPLAINT WITHIN THE TIME SPECIFIED. fc U August 8 2007 WM. D. SCHR?KCK III, ESQUI (15893) Attorney for Defendant 124 West Harrisburg Street P. O. Box 310 Dillsburg, PA 17019-0310 Telephone (717) 432-9733 SCHIRACx__& n BACH LAW OFFICES a-71-147N h bbl ?-t?h 0w 10 :11 WV 91 OAV LOCI At?IU??`. lJ 11I JO Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 (717) 238-3686 Attorney for Plaintiff RICHARD M. MCBETH, JR., Plaintiff V. ESTATE OF A. DOROTHEA McWILLIAMS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-3534 CIVIL TERM PLAINTIFF'S PETITION TO OPEN JUDGMENT OF NON PROS PURSUANT TO PA.R.CIV.P. 237.3 1. The captioned case came to this Court as the result of an appeal from an adverse District Justice judgment by the Defendants. 2. Notices such as the standard rule to file a compliant, and what is commonly known as the ten day notice were transmitted to the undersigned by Defendants' counsel of record, William D. Schrack, III, Esquire. 3. On or about August 16, 2007, pursuant to Praecipe, the Prothonotary presumably entered a Judgment of Non Pros. A copy of the Praecipe for entry of same is attached hereto, marked Exhibit "A° and incorporated herein by reference. 4. Plaintiff, through the undersigned, respectfully requests that the Judgment of Non Pros be opened, and that Plaintiff be permitted to file a Complaint. The proposed Complaint, executed as an original document, is attached hereto, marked Exhibit "B" and incorporated herein by reference. 5. The undersigned actually received notice of the Judgment of Non Pros on August 21, 2007; the envelope in which notice was transmitted was postmarked August 20, 2007. A copy of the envelope is attached hereto, marked Exhibit "C" and incorporated herein by reference. 6. This petition is being filed within ten days from the date from the date of the entry of the Judgment of Non Pros. 7. The failure to file a Complaint timely was the responsibility of the undersigned, and came about through the undersigned's inadvertence and other commitments and projects, and the undersigned accidentally missed the deadline that would apply by which the Complaint needed to be filed. 8. The proposed Complaint attached hereto states causes of action against the Defendants in their capacity as the Co-Executors of the Estate of A. Dorothea McWilliams, Deceased. 9. Pa.R.Civ.P. 237.3(b) provides: "if the petition [to open] is filed within ten day after the entry of the judgment on the docket, the Court shall open the judgment if the proposed complaint or answer states a meritorious cause of action or defense." 10. Inasmuch as the attached Complaint does state multiple causes of action, and inasmuch as this Petition has been filed within ten days from the date of the entry of 2 Judgment of Non Pros, Plaintiff and the undersigned believe and therefore aver that the Judgment of Non Pros should be opened, and Plaintiff should be permitted to file a Complaint to the captioned case. 11. The proposed Complaint, rather than naming "the estate" as the Defendant, names the individual Co-Executors in their capacity as Co-Executors, as is required by Pennsylvania Civil Practice. 12. Accordingly, in addition to the relief sought in terms of opening the Judgment of Non Pros, Plaintiff also requests that the captioned be amended to show the individual Co- Executors (in that capacity) as Defendants, rather than "the estate" as the Defendant. 13. To the undersigned's knowledge, no Judge has yet been assigned to this case. 14. The undersigned sought the position of Defendants' counsel with respect to this Petition, but learned that counsel will be out of the office until Monday, August 27, 2007; accordingly, counsel has not expressed an opinion in terms of concurrence, with respect to this Petition. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order opening the Judgment of Non Pros and permitting Plaintiff to file as the Complaint this action, the Complaint that is attached to this Motion, to decree that the caption of the case reflect the names of the individual Co-Executors as Defendants as requested in the body of this Petition, and to provide any other relief the Court deems appropriate. 3 ill.. A LZ Dat (717) 238-3686 Supreme Court I.D. # 53729 Attorney for Plaintiff 407 North Front St., it Floor Harrisburg, PA 1710 4 RICHARD M. McBETH JR., Plaintiff Vs. ESTATE OF A. DOROTHEA McWILLLAMS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3534 CIVIL PRAECIPE FOR JUDGMENT OF NON PROS TO: THE PROTHONOTARY PLEASE ENTER A JUDGMENT OF NON PROS AGAINST THE ABOVE-CAPTIONED PLAINTIFF BECAUSE OF HIS FAILURE TO FILE A COMPLAINT WITHIN THE TIME SPECIFIED. August 8, 2007 WM. D. SCHRACK III, ESQUIRE\(15893) Attorney for Defendant 124 West Harrisburg Street P. O. Box 310 Dillsburg, PA 17019-0310 Telephone (717) 432-9733 o r m ni t?= Jrn _ o EXHIBIT "A" RICHARD M. MCBETH, JR., Plaintiff V. KATHY L. LAUER and ANDREW D. McWILLIAMS, Co-Executors of the ESTATE OF A. DOROTHEA McWILLIAMS, Deceased, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-3534 CIVIL TERM 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 after this complaint and notice are served, by entering a written appearance personally or by an 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 800-990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las medidas y pueda entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. EXHIBIT "B" LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE AGOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA OR LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 800-990-9108 Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 (717) 238-3686 Attorney for Plaintiff RICHARD M. MCBETH, JR., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW KATHY L. LAUER and ANDREW D. McWILLIAMS, Co-Executors of the ESTATE OF : NO. 07-3534 CIVIL TERM A. DOROTHEA McWILLIAMS, Deceased, : Defendants COMPLAINT 1. Plaintiff is Richard M. McBeth, Jr., an adult individual, residing at 93 West Vine Street, Shirmanstown, Cumberland County, Pennsylvania. 2. Defendants are the Co-Executors of the Estate of A. Dorothea McWilliams, Deceased. 3. Defendant Kathy L. Lauer is an adult individual residing at 1343 Wellington Drive, York, York County, Pennsylvania. 4. DefendantAndrew D. McWilliams is an adult individual residing at 167 Schoolhouse Road, Palmyra, Lebanon County, Pennsylvania. 5. Both Defendants are so named in their capacity as a Co-Executor for the Estate of A. Dorothea McWilliams; upon information and belief, the Defendants' Decedent passed on December 5, 2005, and your Defendants were appointed Executor of their Decedent's Estate by the York County Register of Wills on or about December 12, 2005, to York County Estate No. 67-2005-01628. 6. On or about July 3, 2006, Defendants, in their capacity as Co-Executors, sold to Plaintiff the residence in which he now resides, which was the former residence of the Defendants' Decedent. 7. In connection with offering the property (what is now Plaintiffs residence) for sale, Defendants executed what is commonly known as a Seller's Disclosure Statement. A copy of the Statement is attached hereto, marked Exhibit "A" and incorporated herein by reference. 8. Prior to tendering the deed for the property to Plaintiff, Plaintiff and Defendants also signed a contract for the sale and purchase of the property, but no copy of the contract is at this time available to Plaintiff or to the undersigned. 9. Neither on the sales contract nor on the attached Disclosure Statement, did either Defendant disclose any problem with the furnace or other components of the heating system for the home. 10. Within approximately two months after assuming occupancy of the structure, Plaintiff had maintenance work done on the air conditioning system. 11. In connection with the maintenance done on the air conditioning system, those 2 doing that maintenance mentioned to Plaintiff that there was potential problems with the heating system in that the outdoor unit and indoor unit were not compatible, that the indoor furnace was old and likely to malfunction or completely shut down, and otherwise cause difficulties. 12. Upon learning of these suspicions as described in the previous paragraph, Plaintiff engaged various furnace and heating contractors to examine the indoor furnace unit, and get estimates for repair or replacement as needed. 13. C.W. Fritz and Company, located in Lemoyne, Cumberland County, Pennsylvania, personnel advised Plaintiff that the indoor furnace needed to be replaced. 14. Plaintiff did not replace the furnace immediately, but when problems developed with heating in the Autumn of 2006, Plaintiff did engage C.W. Fritz and Company to replace the furnace, which C.W. Fritz did at a cost of $6,000.00. 15. Plaintiff was informed by C.W. Fritz personnel and others who had examined the furnace, that age and defects were readily ascertainable with respect to the furnace, and that Plaintiff could have and should have been informed of the true condition of the furnace prior to his purchase of the home from Defendants, such Defendants acting in their capacity as Executors as noted herein. COUNT I - NEGLIGENT MISREPRESENTATION 16. The facts set forth in paragraphs one through fifteen are incorporated herein by reference. 17. As sellers of a home, in their fiduciary capacity, Defendants generally owed, and 3 owed to Plaintiff specifically, a duty to fully disclose the condition of the home, any problems therein, and fully inform Plaintiff of any defects with respect to all major structural elements of the home, including the furnace. 18. Defendants knew or had reason to know that the furnace was old and in deteriorating condition, and would have to be replaced soon. 19. Despite the actual or imputed knowledge on Defendants' part as described in the previous paragraph, Defendants breached the duty that they owed to Plaintiff with respect to disclosure, by failing to disclose to him the true condition of the furnace and the possible need for repair or replacement of that unit. 20. As a direct result of the Defendants' failure to inform Plaintiff of the condition of the furnace, Plaintiff has suffered damages, those damages consisting of the repair/ replacement bill of $6,000.00 that the Defendant was required to pay to C.W. Fritiz. 21. Additionally, Plaintiff initially brought this action at the District Justice level, and incurred a filing fee of $134.50. WHEREFORE, Plaintiff requests this Honorable Court to enter judgment in his favor and against the Defendants, jointly and severally in their capacitor as Executors, in the amount of $6,134.50, together with interest, the costs of this action and any other relief the Court deems appropriate. COUNT II - FRAUDULENT MISREPRESENTATION 22. The facts set forth in paragraphs one through fifteen are incorporated herein by reference. 4 23. Defendants knew or had reason to know of the true condition of the furnace, and the probable need for major repair or replacement of that unit. 24. Plaintiff reasonably relied upon the material in the disclosure statement, and other information that he gained from Defendants, and by such sources reasonably believed that the furnace and any other major structural part of the house was in working order. 25. Defendants knew or had reason to know that Plaintiff would rely on the Disclosure Statement and information he was able to gain from Defendants with respect to the condition of the house, as part of what became Plaintiffs ultimate decision to buy the house. 26. Despite the facts set forth previously in this Count, Defendants failed to disclose the true condition of the furnace to Plaintiff. 27. Defendants failure to disclose the true condition of the furnace was done with scienter, that is to say, with an intentional and fraudulent motive, to induce Plaintiff to purchase the home with the furnace as it was. 28. Plaintiff has been damaged as a direct result of Defendants' active non-disclosure of the true condition of the furnace, the damage consisting of Plaintiffs costs to replace the furnace as described above, along with the filing fee that Plaintiff incurred at the District Justice level, as also described above. WHEREFORE, Plaintiff requests this Honorable Court to enter judgment in his favor and against the Defendants, jointly and severally in their capacitor as Executors, in the amount of $6,134.50, together with interest, the costs of this action and any other relief the 5 Court deems appropriate. COUNT III - BREACH OF CONTRACT 29. The facts set forth in paragraphs one through fifteen are incorporated herein by reference. 30. Upon information and belief (without a copy of the contract available), Plaintiff avers that the contract for sale for the real estate purchase that is the subject of this action contained one or more warranties with respect to the condition of the home and its major structural components. 31. Regardless of whether the contract specifically contained such warranties, the contract required Defendants to sell a property that was free of major defects, such as the defects with respect to the furnace that have been described herein. 32. Plaintiff believes and therefore avers that Defendants materially breached the contract by failing to disclose the true condition of the furnace. 33. As a direct result of the Defendants' breach of the sales contract as described herein, Plaintiff has incurred damages, the damages consisting of the price paid for replacement of the furnace and the filing fee at District Justice level to pursue this action. WHEREFORE, Plaintiff requests this Honorable Court to enter judgment in his favor and against the Defendants, jointly and severally in their capacitor as Executors, in the amount of $6,134.50, together with interest, the costs of this action and any other relief the Court deems appropriate. 6 COUNT IV - RELIANCE 34. The facts set forth in paragraphs one through fifteen are incorporated herein by reference. 35. Both with respect to the representations on the Disclosure Statement and other representations from Defendants, Plaintiff reasonably relied upon such representations with respect to the condition of the home and its major structural components, as an inducement to buy the home. 36. As a direct result of the representations and inducements made by the Defendants or their agents, Plaintiff bought the home, reasonably believing that there were no problems with the home or any other major structural component thereof. 37. Subsequently, as detailed above, Plaintiff incurred damages as a result of the furnace, a circumstance about which Defendants knew or had reason to know, yet failed to disclose to Plaintiff. 38. Plaintiff has suffered damages as a direct result of his reasonable reliance upon written and oral representations with respect to the home, those damages consisting of the cost to replace the furnace and the filing fee that Plaintiff incurred at the District Justice level. WHEREFORE, Plaintiff requests this Honorable Court to enter judgment in his favor and against the Defendants, jointly and severally in their capacitor as Executors, in the amount of $6,134.50, togetherwith interest, the costs of this action and any other relief the Court deems appropriate. 7 L44X I, L 4vl ate 407 North Front St., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I. D. # 53729 'JUL-19-2006(WEO) 12:17 GEORGE L EBENER & RSSOCIRTES (FRX)7172450699 P 002/006 . MAR-17 X06 16 0.i f 1 f M'VL411 V 1 1. V[_ Viso R'S PROPER'T'Y DISCLOSURE STATEMENT SpD SELLF l s , (PA t1. [b1s fear rc,OmmdW and app V ad foc,xit not rcaicwt to are by. Om of ttie Petta:7 " , Alsinciarion of RAA1t1VfLS i.Propcrty Address ? : s ) requires that a scUer of a pmpeM must s3istcios6to a boyar all known scq §7361 et w (68 PS L l 7 - ' . . . osure a .1 The Real l?su to Setter msc 8 material defecs about the propotty being gold that we not rwAily obser"ble. Wla'Le the Law r:gnirm certain disctomwes, Ibis-dlselw ing with ds- Com h I ll i s r p y n n see em S san t coved conunsun topic beyond the basic requirements of the Law in an t ort to astr in c+wiaatirt9 the property being eosWderod. Sellers who wish to we or tree the basic dis- t b i 7 aym s 7 closure requirements and to ass forru on the Web skeet the Pennsylvania State Real ate Commtulssion. la d th d u e B closm funs can a This Statca=t discloses Sellcr s knowlecftc of the condition of the property as of the date signed by Seller and is not asubditate for a ' 1o any imspectious or warranties that Buyer may wish to obtain. 'I'bis Statement is nat. a warranty of any kind by Salter or a warranty or to tt tepees mtation by any listing real c=tc beaker, Any sdit real estate broken or their licensees. Buyer is encouraged to address concerns This: vitatcment does not relieve Seller of the obligation this State rucat i d i l d b 11 +_ . e n nc u e u about the conditions of the property that may not u to disclose a material defect that may not be addtoxsied on this ferns. is A Material Defect is a problem with a residential real property or any portion of it that would bavo a signif'icartt adverse impact on the 13 14. is value of are property or that involves an unrca%on&1a risk to people on the property. The fact that a strucWuml element. system or subsysr is . is tern is at or beyond tiro end of the normal useful life of such it straetural element, system or subsyswm is not by itself a noteial defect. 16 17 1. to 10 m2 n 72 23 24 25 sa 3. u xe za si a? SRLLMIS F_xPEFMSlf. Seller does not possess expertise in conuu:ting, enginecring. arehitect?u'e, euvlf Onmentul as5csstimcnt or 17 other areas related to the construction and conditions of the property and its improvevecnts, c:tzx?t as follows; in 1s OWNEMSHWiFOCCUPANCY m (a) h the property tasrnently occupied? ,)Yes No If yes, by whom? Seller Other occupants (tanants) if property is not occupied, wlrea was it last occupied? zz (b) How long bava you owned the property? S z? (c) Are you swam of any pets having lived in the house or other sM ctnrm during your ownership? Yes -No - 7A If ycs, desctlbe: CiG''t 25 ROOF as (a) Date roof installed: DocumcntoC Yes No Unknown V (b) Has the roof been repl rcpaired during yourowperAp? Yes No is if yes, was the eaphtiag too g materiel ratnoved? Yes _ No Unknown v '-' w r ownership? Yes No 36 (c) Has the roof ever leaked during ?to (d) Are you aware of any problems the roof, gutters, flacbiag or downspouts? Yes No 91 ny ` yte aaeewexs In thb sectiudiug file locution and extent of any praMem(s) and any m p m Ir or reandiation e$m'ts 32 ?iu a s4 4. BASEMAN AND CRAWL SPACES ( pkte only if applleaMe) T u (a) Doer; the property have a sump pump? Yes No Unknown. ae if yes, has it ever run? _ Yes _ No Unknown is it in working Order? - Yes No ` Udntowu sr () Are you aware of any war karkage. aeeumul ' or dampness within the basement or crawl space? Yes No 30 (c) Do youktsow'ofanyrepkimorathw2dcrrtptstoQMuW yr LaordwPJMptvblsminthebitorcrawlApure? -Yes -No so Explain aW gyre" answer in this sechtion aclu ing the n and c tent of may problem(s) and any repair or resmallalkn efts ts: 41 S. TERMITESIWOOD-DESfTtOYING INSECTS, Dlt'YR , PE M 42 (a) Art you aware of any tanuiocrJwood-dartroying insects, or pests aifocting the property? Yes No 43 (b)• Arc you swam of my damage to the pmpcty caused by iteslwood?destto*g insects, drymL or pests? Yes No a4 (c) Is your property curies tly under coamict by a licensed pest ntrol company? Yes No 43 (d) Arc you aware of any teamitelpest control reports or ntiumen for ft property? Yes No +s Explain any " year anpmn in this section, Including rite name of rcrvbce/tmtment provider, if applicable: 47 u 6. STRUC URAL ITEMS _ __ _ .. .. . __ ,.. _ .._ 49 (a) Are you swore of any past or present water leakage in dw house or stmorums7 Yes No so (b) Ara you awaee'iiif> vpst or?prtsettt tnovcment, shifting, deteri or other problems with walls, foerttdutions, or other St Swjen: d wart posttui7 3G3t No 6z (c) Am you aware Cf mbionswilh driveways, walkways paboth rcm ning wssAa on the pn>prety2 Ye=s No as (d) Is your property ootpsixoded'vvith.an Exterior Insulating lrinislti ng Systcrtt ). such as Diyvt or ryrufactic stucco? se Yet -No Unknown If yen, date installed. if se (c) Are theme aay derom (includmi; stains) in flooring or floor coverings? es No Unknown M M Are yon aware of may fire, stare, water or is c damage to the property? . No 37 R:tplai n any `7s answers In their section, i whining the location and edent of any pm kot(0) and, any repair or neme diatlou efforts: if sa Breyer Iattiab: Date faywweta A...d.lMa of raw SPD Page i at5 EXHIBIT "A" Seller Initlau: e /' gate .?-!{"afO coM'Gtrrrmvc MAteuessocL%T MoeruzMMR8r1eo4 6104 U 34 25 3s 31 sa at 4a 41 e$ 4,3 AD a 47 oa aA 50 S1 62 u 54 M 5t M tb F -JUL-19-2006(WED) 12:17 GEORGE L EBENER & ASSOCIATES (FRX)7172dSO699 P.003/006 MAR-17--2M6 16:4b Ktl•tFIJC , w? ?. ?, i; pUgU=S 10RRSALNbG78 Fiava anode adshGOas,sonie?aaltsmges.orothdnlmrazieastuthCptopatYl Yes No 7. ADDUMONSORMCMMS -st If `yea,; drscriibo; - a L WATM SUPPLY •w (s) what is dse sorrcc of your dnnkwg water? -public waxer well on property Community water 4 •eti Novo other (cxpl a): ¦a (b) V Dam was yeast' water last tesroed? Teri nsulta: 88 , a if yaw drinking water source is not public, is the pumFiag syslcm in WwUng order? ,? - Yeffi No -O If'"ho , evlaia: ea (c) Do your have a softener. filsm or other ucatmatt system? Yes No to If you do not own the system explain: 71 (d) kiave you ever had a problem with your water mrppiy? Yea No (e) Has your welt etrea: run dry? Yes No _yNot Applicable . TS (f) Is them: a well an the property not used as the pdmary source of drinking water2 Yes -Y. No n- If yae, is the welt capped? Yes NO .15 (g) Is the wow system abated? Yes No 76 (h) Are you aware ogany leaks or odic probletas, past or present, relating to the water supply, pumping system, and related item? n Yes ( No to Rt&a soy "yes^ s aswests in this seedou. hnduding the 1omflou and estmt of any problem(s) sad any repair or remedintion Warm 79 ae 9. SBWACE SV&-nM o (a) What is the eype of sewage system? Public Salver Individual On-lot Sewage Disposal System as IndWi&W Orr-lot Sewages Disposal System in Proximity to Well Comronndy Sewage Disposal System a Tcu-& re Pamit fternpdaa Holding Tank None ?r.. None AvatlablcoPexmn Liariptions in pffaot a< 0dwrtype of WWW ¦ a= (=per). as - a; (b) If Individual On-la se=ge o9em, what type? Ccaspool Drainfseld Unknown n Otbrr (specify): is (s:) Are there stay sse:ppe tames on the Propcrly't Yes No Unlmown as If -yes;' what type of tank(s)? MamUstod Cunt/concrete _ Fbr ergluss Unknown to Other (specify): in (d) Wbets was the an-Biro: sewage disposal system last =aced? t¢ (e) Arc there any salvage pumps located on the property? Yes Na sus If yes, typo(s) of pump(s) Art pump(s) in working order? Yew No 94 Who is rcivansa& for wginteoaaee of sewage pumps? as (t) rs the sewage systant rslrarod? Yes No its (g) Are you of any putt or premat teak', backups. or other Problems relating to the sewage systeso and related itans7 a Yes TNo sa hnt¦ta awry "yeas" answers In ibis section, inetoding the 10CFAoa mud extent of any problem(s) and any rMak or remifintloo dd[brta: 1s ,m 10. PLUMBING SYl3 xrd too (a) INve. of plumbing (check all that apply): er Calvmkwd Lead PVC Polybuty1ane pipe (P$) ,te hfmcd Unknown Other Carp Y tat (b) Are you aware of any ptobte m with any orym r p bing forums (t.g , including but not limited to: ldtchcn, lmndry, or both- 104 room fixmrss; wet bLrs; etc r yes tat if `yrz," Captain: 106 11. DOBINN XC WATER G W (a) TYpcofwalarbcWnEbow NeobiWOm _I.ltetsDiY -Propane ,Solar _5'amin,-fWM1WH9*-UP we Other (atpiasin): .109 (b) Are You aware of any pmblww wild any water hcater or related cquipmem? Yes No 110 lf'?, cKpbrirs: III M Alit CONDITIONING SYSTEM y ate (a) Type of air conditioning: -- Central Air watt units window Units Now 70 Other (explain): 114 Number of vadow units included in sale Location(s) its (b) Age of Central Air Conditioning System: Unknown Date last s=viccdr if lmown its (c) Lin any area of sire house that are am air conditioned: tt7 - - its m 67 68 is 70 ,1 72 n 74 7s n 77 18 72 so at sx ay u a eR 97 i t i i t 1 t I i u ; stn to 91 ae a 9f• u 99 n a. as ,00 tan to las t0a 707 too -109 110 ,11 ,t2 119 ,1s ,t5 its 117 (d) Am you awam ofs leans with ay pmt wry item it this section? Yes No ale If" ? es<plain-- ,ts uc Rt yw1wonlss Date SPD Paget of5 Sellaiuldals-r D¦ts .3-II -oG ,m .JUL-19-2006(WED) 12;17 GEORGE L EBENER & ASSOCIATES (FAX)7172450699 P.004J006 MRR--17-2Mb 1b= 4tj .. . .? »so t ass aoo ti ? ` 3 c W `• ? _ _ ... .._ .. _ .. ? _.... t ppsIIa9s sates PoR ???.1$rKt g ssr •13. BEATING SYSTEM (a) Type(s) of heating fuel(s) (check allthat apply): Electric ft r1 oil Natural Gas PmpaAe 121 z21? . _ ,zs Coal wood Odwr . (b) Type(s) of hcm:ng system(s) (ehcclc all that apply): Forced Hot Air Flat WaccrBest Potzrp 5 .. = : ]?seine Busabowd Steam Wood Stave (Pow many? ?) goal stove (Haw many? _) 12 126 t? i? Otlle[' (c) Age of Peering System: UW=wn Date last serviced, if known N ' ts { is o ? Yes (d) Arts them any ft Cplacea? Yes No If-yes;- bow many? Arc they working )? Yes ? No i t s 149 to em ng sys (a) Are there any chimneys (framt a fireplace, wain beater or any other heat If "yes," how many? Wbarr were they last aleareed? Unimown tan tar Are they wodan$? Yes No If "tlo," explain: IV taz (f) List arly areas of the house dltat are not heated: teas (g) Arc you aware of any heating fires tanks on the property? Yes No 133 A sat Location(s). including underpround tank(s): 1;!4 1 in If you do not own the taalm. explain: 136 in Are you aware of any problem or repairs needed fegwiling any Item in this section? Yes No t? 137 If "yW mplsin: 137 tea ' -tie to 14. ELECTRICAL SYSTEM y Circuit Break= How Amps? Unkaown I" (a) Type of Electrical System Fuses lam tae tae tat -- - (b) Arc you Awnm of any knob and tuba wiring in the Dome? Yes No tot la Are you aware of any problems or repairs needed in the eleetrIcal system? Yes ? No 14 = ti If"yca,"eplnin: tit IRA IS. OTHER EQUIPMENT AND ArrLIANCirS to tis This aeetiou must be completed for eta item that will, or may, be sold with the property. The fact that an item tx listed doett 146 10 not mean it is Included in the Agroesunt of We. perms of the Agreement or Sale negadated between Bayer and Seiler will tar to determine which ftems, if any, are included in the purchase of the Pmperq. 147 148 (a) Electric Garage Door Opener Numbs' of Transmitt m Keyless Entry tea uo (b) smoke Debectots How r y7 Location(s) in 1sp (c) Security Alum System Owned Leased (Lease lnfornotion ) tap tst (d) ?.awn Sprinkler(s) How many? AWarnatic Tuner 1st 1st (c) Swfinwing Pool Jim Tub/Spa Pool/Spa Heater Pool/Spa (over WhuipooVrub tax t® PooltSpa Equipm t and Amcssof its (list): W 134 (f) Refr;,gfMtor(a) RZkSCJOven Microwave Oyes Dishwasher Tnrah Compactor 194 ' tss Garbage Disposal Chest Future Washer Dryer Intercom III 190 (g) Ceiling Fan(g) Now many? Location(s) tee is? (h) Awmittgs Attic Fan(s) Satellite Dish Storage Shed Dcclc(s) .? Electric Animal Fence 157 tea (1) Other. ISO in Art you swum of any problems or repairs needed regarding any Item In Wit section? Yes No tee ;: too lfllye asplalet: tees - 161 16. LAND (SOUS, DRAINAGE, FLOODING AND BOUNDARIES, ,(1 IN tax (a) Land/Solls ?? [ t 167 tea 1) Are you aware of fill or ocpmtsive soil on the property? _ Yes No tar .' 164 2) Are you aware of any ' - settling. earth movement, upheaval. suhsidencc, or earth stability problems that have tai te6 occurred on or affect tb ew Yes No to Ise 3) Are you aware of airy e?tis past or pmposed mining. ship-ns hft, or any other excavations that might affect this its tai property? Yes Na to - • ter NVote tO 8ttyeT The property may subjea to m1ne sub?sid once damage. Maps of the counties and mine when urine subsidence in tar damage may ocu-ur-surd mine insurance are available thronglr: Depnrtrnmt ofEttvitoameutal Protection, I?l"mc 5ubai tae ' 170 do= ItlsuraaCe Fund. 25 Techm Drive California Tcchmobgy I?arlc, Coal Center. FA 15423 (R(lU) 922-1678 (within in 171 Pennsylvania) or (774) 769-1100 (outsi Pennsylvania). to 172 4) h the property, or a portion of jr. p Bally assessed for tax purposes, or subject to limited development rights? in tea Yes No If -'ycs", cbec3r nil apply below: trs , IN Farmland and Forest Land Asseu t Act - 72 P.S.§5490.1 et seq. (Clean and Gre:m Program) vt 175 Open Space Act - 16 PS. §11941 et 170 Agxfcmiturai Area Security Law -3 PS., i et scq. (Development Rigbtg) its sn Other 177 173 ]Vote to Buyer: Pemnylraania leas enacted the ?tight to FaXn Act (3 PS. f 951-957) in wt Iron to ?unit the edrruwUv%cw under im TM which agrieudt eriaf operadana may be subje d to Amps, +ce ssYgy or orgrirtarnccs. Buyers art- encouraged to brytsilf9ale whether any t» tee agrlcuiiural open ffkws cotaered by theAct Operate in the vtC Of flee property lea - IN Explain any fey answers in this section: tat ter ._ .. teas c : lea i Buyer itoltiala: Date SPD Page 3 of 5 Seller Initials data 3?1?ro Ci to JUL-19-2006(WEO) 12:17 GEORGE L EBENER & ASSOCIATES (FAX)7172450699 P 005/006 r ?,? . uuz-a?-qty its: bu 1 ? 1 YJGI'J1 V 1 . u.i .A`., ; ice: ??h? +pyp?,??}/??r(• ??pa?.?y??y/Yp?p?+?1. tl? .. ? A.. • ' (b) Fkadhe D No Unknown d ? Y MA II d F tae es zorne 1) Is my put of this property loeatod in a wetlan s a or a E oo ? Yes No r flo ans afTectia the xvbl ro ert i din d I f 2 tee:. W _ p y P o g p 9 mgc o a any post or presem M - mvw o ) Do you 7tt . VjgAVjn any "yee mwwets in this section, Including dates and extent of floodlug: >BT° .- 15e IN (C) Boundaries I) Do you know of any eacroachmcats. boundary line dispuras, or easeincros affbming the property? Yes No 1B0 IN 191 Nate to Bsfyier. Mort properties have rasemetts rmning armlet them for utility serwco and other re mons. Ire marry cases, the tv1 .; 112 easeme m do not rrstrfct the ordinary use of the pmpmV, and SeUer may not be readily aware of dhem. Buyerv may with to 102 '. 103 determine the cdorenne of easements and raptcdiony by e>rcmrtining the property and ordering an Abstwct of Me or caamhing in IN . lo the n9 md3 in the O, f ee of the Reowder of Reeds for the county before entering ' an agreement of sate, I" • M 2) Do you accem the property from a privets road or latre? Ycs No 1A5 its If yes, do you have a recorded right of way or maintenance agreement? Yes No tss 197 3) Asa aware of any shared or common anent (G ?, driveways, bridges, docks, walls, etc.) or maintenance agreemeWl 197 °• Ise Yes No 1st •. m Explain any "yea" answers in this section: ttCYr)l Q(TQ. t c l7?ciJ?1L_ -r S_ 109 zit 17. BA7ARDODS $1118STANCZ A VNMENT'AL ISSUES 2c1 2M (a) Art you aware of any undetgonnd (other than home heating fuel or septic to d toted above)? Yea W NC M son (b) Are you aware of any past or lmeeent subsmn= present on the property (structure or soil) such as, but not Brasted 900 2ct to, asbestos or polychlorinated biphedny (PCES), etc.2 Yes No 204 2W (c) Are you aware of sewage sludge (other commeteially available fertilizer product) being spread on the property, or have you 2% szs reedved wt Mm notice of sewage sludge ' 8 spend on an adjacent property? Yes No ms 207 (d) Are you awam of any tests for mold, fungi, indoor air quality in the property? Yes No zur see (as) Other than general household cleaning, hour y taken any efforts to control or remedinte mold or mold-like substances in the = ZIP property? Yon No = Zia Nate m guyer: Individuals m,7y be of f ected dVovndy,, not at alt by mold contamination, lfmold eonraminadoit or indoor air qual- tm art iW is a concern, buyers are encouraged to engage the s icey of a qu41t6ed pmfi zional to do testing: Information on this Law iv zi 212 awrilaNle from the United States Eavirrnrmeatal Protectfp Agency and may be obtained by contacting lllQ INFO, PQ. Box 37133, 212 213 ifrdt4hftwn; D.G 20013-71.13, 1-80043&4318. 213 214 (f) Ate you aware of any dnnping an the property? No 211 `" 215 (g) Have you reedved writum notice regarding the ptesenc of an ernAraatttrental hw=d or biohazard on your property or any 215 ' 216 adjacent pmpcrty? _ Yes No 219 217 (h) Are you aware of any tests for radon gas that have been p in any buildings on the property? Yes No stn 215 if ` ym," list dnte, type, and results of all pasts balow: 2ts 219 Dxre Type OF ZEsr Rr.=Ts (pi 'esllitct• or working levels) NAME of TEMNe SaxvtCe 213 2" 221 x2z (i) Are you aware of any t'adon removal system on the property? Yes No ztx 2 m W yes," list date ins?llcd and type of systcnn, and whethcr it is in" order below: m eta DAZE INFML M TYP13 Or SYMMI 4 PROVM Woximro ORDER? 22 . 27S Yes No 225 zo Yes No 290 . 2Zr G) if propmly was constructed, or reconstruction began, before 1978, you m disclose any knowledge of lend-based paint on the 2Rr 221 properlyr Are you awash of airy kad-based paint or iq?d-bused paint hazard oa the property? Yes No cent 2ss If-ycs * explain prow you know ofit, whce it is, and the condition of those -bused paint sur&cm. sz5 2d5 231 (k) If Property wag constructed, or if oonettuction bcgat4 before 1978, you must d' ose any mport5 or rcoor& of lead based paint m0 . 2m sa2 or lead-based paint hazards on the property. Are you aware of any reports or regarding Iced-based paint or lead-based ztz » paint halm is on the p mpetty/1 Yes No yn 211 Tf -'Y s list all available reports and records: gas (1) Are you aware of testing on the properly for 311Y other h L=dons substan es or env' CQW conft= ? Yes No 2a/ lac (m) Are you aware of of any other haamdom anbsmnces or environmental cnnccrns that rFf* impact upon the property? 2% Yce No zu Explain ANY "yea" snwwea to this section: ? zu 238 . ... ------- _ gas 210 ?? a 2a s c --- - - --- 211 2K2 Bayer LtWals: _ Date- SPD Nge 4 of 5 Seller Lddab:??Dsbe -?-aG 20 JUL-19-2006(WEO) 12,18 GEORGE L EBENER & ASSOCIATES (FAX)7172450699 P.006/006 tlnor 555-?3an "? - ?ste16l3EA?'tG84t?Q'A[oL??.FS?ltt??,. _ - . ? ._ ... ,--- '---'-'---" -`:_ - . I& CON1DOlt+IIMNMS AND OTHER HOMEOWNER ASSOCIATIONS (Complete only If applicable) : 242 red ;44 Condominium Cooperative PotneoWmer Association Or Planned Community IYPC z4s :i6 Other: Naetlrr negatiJitag Ce?ndonainirtmt, Codper?atir*es, and PlaRreed Conntunirses: A buyer of a aecak unit in a eorrdomiitir+rtt. txw0erK- ; she Mies or r¢gula- the bl'-lm?s lans) d d owl l C • , p am receive a copy ajthe declaration (other than the plait an community sal flue, or"ionised of rr sale imved by the association in the cortdomJnislna, cooperative, or ylsenned tone... t i ?w... e fica -z+0 dons, and a cert Buyers maybe r wponsibk j°r capital contributions, initiation fees or similar one -stew feet In addition to reg'&r mon'WY e cert+ftcate yq naeatity til li . r .sac - naaintenartee fees. The buyer will have the option of canceling llte agar erracnt with the rr'tur n of all deposit tnorrrGV un thereafter or Lentil conveyance, whichever omw-rfirst: d d 25 ays forfive 2" Aar been provlde+d to the bwver an M zsa 19 MISCELLANEOUS VUte f soy historic preservation restriction or ordinance or archeoloocal designation essociatoel with the propt:rty? p 20 - re you av z&s (a) ' 2 ;sa Yes No NJ) am (b) Are you aware of any cxisting or thmmucd legal action affecting the property? Yes No Y ' es use (c) Are you aware of any violations of federal, state, or local laws or regulations relating to this p opcrty? ou aware ornny public improvement, condominium orhomeawner association assessments al;6nst the property that d) Are j y W ( 20 unpaid or of any violubtms of zoning, housin& building, safety or fire ordinances that remain uncorrected? _ Ycs _& No i ass - use (a) Ate you aware of any judgtnent, encumbrance, lien (for exurnple, co-maker or equity loan), overdue payment on a support obl Yes K No l ? 254 see _ e __ or other debt against shit. property that cannot be satisfied by the proceeds of this sa 30 gation , M (f) Arc you aware of amyrVn, including a defect in title, that would ptcvcnt you from }living a wamaty deed or otxtveying title to the zee 2a2 property? Yes __l` No za (S) Are you awaft of any insurance claims filed relating to tfee property? Yes _X_ No sea zst (h) Are you awarv Zf any noatcrial defects to the property, dwelling, or fixtures which arr not disclosed ebawhcm an this form? aaa ? ye Yes No see A material defect is a problem with a residential teal property or any portion of it that would havo a ragdficant adverse impact 2W sea sr on the value of the property or thaat invo{vcs an unr easonablc risk to people on the property. The tact that a structural ekment, w ' z 2" system or subsystem is at or beyond tlrc end of the normal useW lift of such a structural element, systems or subsystem is not by ae itself it matrriai de bet 20 ao Rio Explain any "yes" answers in this section: 771 its The undersigned Seller represcnb that the Information set forti, in this dledoxare ace i gn cut is ncWMte and eompkte to the best ors of Seller's knowiedgc. Seller hereby antlwrizes the 1<,Udug Ilrolulr to provide this information to prospective buyers of the prop- va arty and to other real estate licensees. SEL.LERALONE IS RESPONSIBLE FOR THE ACCURACY OF TFM INFORMATION V3 CONTAINED fN THIS STATEMENT. Seller Ybali cause Buyer to be notified in writing of any Information supplied on this form zm which is rendered inaccurnte by a chango In the condition orthe property following completion of this form. art WITNESS 'ZILd SELLER DAVE ?J //-a4e ass WITNESS SELLER DATE 3a?r sra WITNESS SELLER DATE axe z7y .• V4 ? f zra' zrr 273 zro Sao zai 2oz :as 284 see eat According, zee to fill Out a m rial dcfcct(i 78l 1eS EXECUTOR, ADMINISTRATOR. TRUSTEE SIGNATURE BLOCK RECEIPT AND ACKNOWLEDGEMENT BY BUYER ;q5 Meat is slot a - 216 Condition. It ar Me property 289 Components. a'? zee tot Fen za x? zse ]9t 202 zta SPD Page 5 of 5 xaa rtXTlat,. P.06 VERIFICATION I, Anthony T. McBeth, am attorney for the Plaintiff in the captioned action. I am verifying the attached document for the Plaintiff in that he is outside the jurisdiction of this Court and his verification cannot be obtained by the time this Complaint needs to be filed. I verify that the facts set forth in the attached document are true and correct to the best of my knowledge, information and belief. I so state subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). 2. L. i?eo lko? Date :L t ?I W W rd u w bb O .04 +:'•i P-1 •ri .rt wa EXHIBIT "CIT RICHARD M. MCBETH, JR., Plaintiff V. ESTATE OF A. DOROTHEA McWILLIAMS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-3534 CIVIL TERM CERTIFICATE OF SERVICE 1, Anthony T. McBeth, Attorney for Plaintiff, hereby certify that I have served the attached document by placing same in the United States mail, first class, postage pre-paid addressed as follows: William. D. Schrack, III, Esq. 124 West Harrisburg Street P.O. Box 310 Dilisburg, PA 17019-0310 A- A" L?0 Date Xinfh"ony T. Beth, Esq. Attorney for l intiff 407 North Front St., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 °(R q? V l\ ""tea RICHARD M. MCBETH, JR., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ESTATE OF A. DOROTHEA McWILLIAMS, DEFENDANT NO. 07-3534 CIVIL ORDER OF COURT AND NOW, this 29th day of August, 2007, upon consideration of the Plaintiff's Petition to Open Judgment of Non Pros Pursuant to Pa.R.Civ.P. 237.3, and after confirming with counsel for the Defendant that he had no objections, IT IS HEREBY ORDERED AND DIRECTED that the Motion is GRANTED. The Complaint that is attached to the Petition to Open shall serve as the Complaint in the above-captioned action. Further, the caption of this action, beginning with the Complaint, is hereby amended to read as follows: Richard M. McBeth, Jr., Plaintiff v. Kathy L. Lauer and Andrew D. McWilliams, Co-Executors of the Estate of A. Dorothea McWilliams, Deceased, Defendants. IT IS FURTHER ORDERED AND DIRECTED that the Defendants are to file a response to the Complaint in the captioned action within 20 days from the date of this Order of Court. By the Court, M. L. Ebert, Jr., J. Z C :Z ild R SAV LOOZ AdVIC3hUHE.."c3 3HI 30 3L i ae'0 ! ---ill Anthony T. McBeth, Esquire Attorney for Plaintiff William D. Schrack, III, Esquire Attorney for Defendants bas RICHARD M. McBETH JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. ESTATE OF A. DOROTHEA NO. 07-3534 CIVIL MCW MLIAMS, Defendant ANSWER TO COMP LAIryNT AND NOW this /0'9 day of le, 1 &wA l , 2007, come ANDREW D. McWILLIAMS and KATHY L. LAUER, Co-Executors of the Last Will and Testament of A. DOROTHEA McWILLIAMS, the Defendant, by and through their counsel, WM. D. SCHRACK III, ESQUIRE, and sets forth an Answer to the Plaintiffs Complaint as follows: 1. Admitted (Shiremanstown sic). 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part, and Denied in part. It is Admitted that on or about July 5, 2006 Defendant, in the capacity of Co-Executors, did grant and convey unto Plaintiffthe residence known and municipally numbered as 93 West Vine Street, SCEBWX& LAW OFFICES Shiremanstown, Pennsylvania. It is Denied, however, that said premises was the former residence of the Decedent Defendant. In the alternative, it is alleged that the residence of the Decedent Defendant for approximately fifty (50) years preceding her death was 500 Harrisburg Pike, Dillsburg, Pennsylvania. 7. Admitted. 8. Admitted. 9. Admitted. 10. The Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of item 10 of the Complaint, and all means of proof are within the exclusive control of Plaintiff, and the said averments are, therefore, Denied. Defendant demands proof thereof at the trial of this case. 11. The Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of item 11 of the Complaint, and all means of proof are within the exclusive control of Plaintiff, and the said averments are, therefore, Denied. Defendant demands proof thereof at the trial of this case. 12. The Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of item 12 of the Complaint, and all means of proof are within the exclusive control of Plaintiff, and the said averments are, therefore, Denied. Defendant demands proof thereof at the trial of this case. SCMRMX'& IMMNBiiZ ,W. 13. The Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of item 13 of the Complaint, and all means of proof are within the exclusive control of Plaintiff, and the said averments are, therefore, Denied. Defendant demands proof thereof at the trial of this case. 14. The Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of item 14 of the Complaint, and all means of proof are within the exclusive control of Plaintiff, and the said averments are, therefore, Denied. Defendant demands proof thereof at the trial of this case. 15. The Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of item 15 of the Complaint, and all means of proof are within the exclusive control of Plaintiff, and the said averments are, therefore, Denied. Defendant demands proof thereof at the trial of this case. COUNT I - NEGLIGENT MISREPRESENTATION 16. The Answers set forth in the foregoing ite ms are incorporated herein by reference. 17. It is agreed that one selling a home has a duty to disclose to the prospective purchaser latent defects, but a lleged that such duty does not constitute a guarantee of the condition of such property to the prospective purchaser in instances in which Executors are involved in the sale of decedent's property LAW OFFICES which was never occupied by either the Decedent or the Executors. Therefore, the allegations set forth in item 17 are Denied. 18. Denied. The premises that is the subject of this dispute was purchased by Decedent Defendant only a few years prior to her death, as an investment property and was never occupied by either Defendant. 19. Denied. A review of the Seller's Disclosure indicates that the seller is identified as the Estate of Dorothea McWilliams, and there is noted in the margin of item 3 a statement: "N/A never lived in property". The Defendant asserts that Defendant had no knowledge of any defects that could be communicated to Plaintiff. 20. The Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of item 20 of the Complaint, and all means of proof are within the exclusive control of Plaintiff, and the said averments are, therefore, Denied. Defendant demands proof thereof at the trial of this case. 21. The Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of item 21 of the Complaint, and all means of proof are within the exclusive control of Plaintiff, and the said averments are, therefore, Denied. Defendant demands proof thereof at the trial of this case. WHEREFORE, Defendant requests this Honorable Court dismiss Count I of Plaintiffs SC M& Complaint. B??H LAW OFFICES COUNT II - FRAUDULENT MISREPRESENTATIQN 22. The Answers set forth in the foregoing items are incorporated herein by reference. 23. Denied. The premises that is the subject of this dispute was purchased by Decedent Defendant only a few years prior to her death, as an investment property and was never occupied by Decedent Defendant or either Defendant. 24. The Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of item 24 of the Complaint, and all means of proof are within the exclusive control of Plaintiff, and the said averments are, therefore, Denied. Defendant demands proof thereof at the trial of this case. 25. Denied. Defendant avers that Defendant is unaware of Plaintiffs state of mind, but recognize that Plaintiff could well have relied upon the Disclosure Statement which was completed to the best of Defendant's ability. 26. Denied. It is averred, in the alternative, that Defendant had no duty of disclosure in the position of Co-Executors who had no first-hand knowledge of the condition of the subject premises. 27. The allegations in item 27 are a conclusion of law to which no answer is required. SCMACK-& 28. Denied. See previous answer. TINSKMBACH LAW OFFICES WHEREFORE, Defendant requests this Honorable Court dismiss Count II of Plaintiffs Complaint. COUNT III - BREACH OF CONTRACT 29. The Answers set forth in the foregoing items are incorporated herein by reference. 30. Denied. Defendant alleges that the contract for sale of the premises that is the subject of this litigation contains no warranties as to condition, but does provide an opportunity to prospective purchasers to request certain inspections, none of which were requested by Plaintiff. Therefore, Defendant demands proof of the allegations at the trial of this case. 31. Denied. It is denied that Defendant is required to "sell a property that was free of major defects", and, therefore, to guarantee the condition of a property that is being sold; rather, it is alleged, in the alternative, that seller's duty is limited to disclosure of latent defects of which seller has knowledge 32. The allegations contained in item 32 of Plaintiffs Complaint are conclusions of law to which no answer is required. 33. It is Denied that the Defendant breached any duty to Plaintiff in conducting the SCHRACK& LL&MAN OFFICES transfer of the subject premises to Plaintiff. As for the damages incurred, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this item, and all means of proof are within the exclusive control of the Plaintiff. Defendant, therefore, demands proof thereof at the trial of this case. WHEREFORE, Defendant requests this Honorable Court dismiss Count III of Plaintiffs Complaint. COUNT IV - RELIANCE 34. The Answers set fort h in the foregoing items are incorporated herein by reference. 35. Assumed to be true. 36. Denied. Defendant is unaware of the state of mind of Plaintiff or his reliances, and demands proof thereof at the trial of this case. 37. It is acknowledged that Plaintiff alleges a defective furnace, but the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in the Complaint, and all means of proof thereof are in the exclusive control of Plaintiff, proof of which Defendant demands at the trial of this case. 38. The Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of item 10 of the Complaint, and all means of IfflGAMca LAW OFFICES proof are within the exclusive control of Plaintiff, and the said averments are, therefore, Denied. Defendant demands proof thereof at the trial of this case. WHEREFORE, Defendant requests this Honorable Court dismiss Count IV of Plaintiffs Complaint. NEW MATTER 39. - Items 1 through 38 of Defendant's Answer are incorporated herein by reference thereto. 40. A review of the Seller's Property Disclosure Statement for the premises known as 93 West Vine Street, Shiremanstown, Pennsylvania identifies Seller as the "Estate of Dorothea McWilliams", and is attached to Plaintiffs Complaint, and marked Exhibit "A". 41. Page 1 of the Seller's Disclosure contains the notation "N/A never lived in property". 42. Item 12 on page 2 deals an Air Conditioning System, and Defendant notes in 12 (b) that the age of the System is "Unknown", and in 12 (d) that Defendant is unaware of any problems with the System. 43. The provisions of the Real Estate Seller's Disclosure Law require only that an Executor disclose any known material defects in the property. 44. Throughout the pleadings of the Plaintiff, and particularly in items 2, 3, and 4 of Plaintiffs Complaint, Defendant is identified as "Co-Executors of the Estate of A. L RON Dorothea McWilliams", in which capacity they are responsible only for known defects. 45. By execution of the Disclosure identifying "no known defects", Defendant is absolved from further responsibility to Plaintiff. WHEREFORE, Defendant requests this Honorable Court to dismiss Plaintiffs Complaint. Respectfully submitted, Wm. D. hrack III, Esq. 15893) SCHRACK & UNSENBACH PC 124 West Harrisburg Street Post Office Box 310 Dillsburg, PA 17019-0310 Telephone: (717) 432-9733 Telefax: (717) 432-1053 Attorney for Defendant SCMAOL& "IMS"00 RICHARD M. McBETH JR., Plaintiff VS. ESTATE OF A. DOROTHEA McVnLLIAMS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3534 CIVIL VERIFICATION I, ANDREW D. McWILLIAMS, acknowledge that I am a Defendant in the foregoing action, that I have read the within Answer and New Matter, and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. J--- REW D. McWILLIAMS - Defendant LAW OFFICES i RICHARD M. McBETH JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. ESTATE OF A. DOROTHEA NO. 07-3534 CIVIL McWILLIAMS, Defendant VERIFICATION I, KATHY L. LAUER, acknowledge that I am a Defendant in the foregoing action, that I have read the within Answer and New Matter, and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. KA L. LAUER -Defendant SCMASK& ImeF:NBACH LAW:OktlCES RICHARD M. McBETH JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. ESTATE OF A. DOROTHEA NO. 07-3534 CIVIL MCWILLIAMS, Defendant CERTIFICATE OF SERVICE I, WM. D. SCHRACK III, ESQUIRE, counsel for Defendant, hereby certify that on the /B4 day of .. 01077 A °c , 2007, a true and correct copy of the foregoing Answer with New Matter was served upon Plaintiffs counsel of record by depositing the same in First Class Mail, postage prepaid, addressed to: Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 ACK & L Wm. D. Schrack III, ?K. (15893) SCHRACK & LINSENBACH PC 124 West Harrisburg Street Post Office Box 310 Dillsburg, PA 17019-0310 Telephone: (717) 432-9733 Telefax: (717) 432-1053 Attorney for Defendant ?- c:;:3 ..a VS. RICHARD M. McBETH JR., ESTATE OF A. DOROTHEA McWILLIAMS, TO: RICHARD M. McBETH JR. c/o Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3534 CIVIL Date of Notice: October 18, 2007 NOTICE SENT BY CERTIFIED MAIL RETURN RECEIPT REQUESTED IMPORTANT NOTICE SCHRACK LINSEN YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OF NO FEE: CUMBERLAND COUNTY BAR CENTER 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 WM. D. SC CK III, ESQUIRE (15893) Attorney for Defendant 124 West Harrisburg Street P. O. Box 310 Dillsburg, PA 17019-0310 Telephone (717) 432-9733 AW , RICHARD M. McBETH JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. ESTATE OF A. DOROTHEA NO. 07-3534 CIVIL McWILLIAMS, Defendant CERTIFICATE OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF YORK I, WM. D. SCHRACK III, ESQUIRE, being duly sworn according to law, depose and say that I served a copy of the attached "Important Notice", as required, by United States Postal Service, Certified Mail, Return Receipt Requested, to Plaintiffs attorney, as follows, on the date set forth thereon. RICHARD M. McBETH JR. C/O ANTHONY T. McBETH, ESQUIRE 407 NORTH FRONT STREET HARRISBURG, PA 17101 Date: October 18, 2007 Wm. . Schrack III, Esquire (15893) SCHRACK & LINSENBACH PC Attorney for the Defendant 124 West Harrisburg Street P.O. Box 310 Dillsburg, PA 17019-0310 Telephone (717) 432-9733 SCMACK &; LENSACH LAW OFFICES C') a C o } .; ? ! --i -TI n7 0- 1 I'll RICHARD M. MCBETH, JR., Plaintiff V. ESTATE OF A. DOROTHEA McWILLIAMS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-3534 CIVIL TERM PLAINTIF'F'S REPLY TO DEFENDANT'S NEW MATTER 39. The facts set forth in paragraphs one through thirty-eight of Plaintiff s Complaint are incorporated herein by reference. 40. Admitted in part and denied in part. The quoted portion is accurate, and the averment is admitted to that extent. Any statement, implication or conclusion drawn from the language that is the subject of this averment is denied as a conclusion of law to which no response is required. 41. Admitted. 42. Admitted. 43. Denied. This averment is a conclusion of law to which no response is required. 44. Admitted in part and denied in part. It is admitted that the Defendants are identified as co-executors. The reminder of the averment is denied as a conclusion of law to which no response is required. 45. Denied. This averment is a conclusion of law to which no response is required. WHEREFORE, Plaintiff requests this Honorable Court to dismiss Defendants' new matter, enter judgment for Plaintiff and against Defendants as requested in Plaintiffs complaint, and to provide any other relief this Court deems appropriate. . I% Z? z?7 ate 2 Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 VERIFICATION 1, Anthony T. McBeth, am attorney for the Plaintiff in the captioned action. I am verifying the attached document for the Plaintiff in that he is outside the jurisdiction of this Court and his verification cannot be obtained by the time this Reply needs to be filed. I verify that the facts set forth in the attached document are true and correct to the best of my knowledge, information and belief. I so state subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to Z3 Date .,ti RICHARD M. MCBETH, JR., Plaintiff V. ESTATE OF A. DOROTHEA McWILLIAMS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-3534 CIVIL TERM CERTIFICATE OF SERVICE 1, Anthony T. McBeth, Attorney for Plaintiff, hereby certify that I have served the attached document by placing same in the United States mail, first class, postage pre-paid addressed as follows: William. D. Schrack, 111, Esq. 124 West Harrisburg Street P.O. Box 310 Dillsburg, PA 170310 / , m"flv/ 23 Zso7 ate h, Es'' ,111thony T. 57101 Attorney for iff 407 North F t., First Floor Harrisburg, (717) 238-3688 Supreme Court I.D. # 63729 +`'?ct ? ?, ? ? G? ?? r ? ? ? ?, , *? .? ? •?? RICHARD M. MMH, JR., v. KAUff L. LkM andAANDREW D. M3MIZAIvE. Co--Executors of the Estate of A. Wrthea McWi l l; aw l IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA NO.07 3534 CIVIL IM 20 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: ANTHONY T. MMM , counsel for the plaintiff W in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 13[? _ 5? P7,,.? Tnt Prr_ and FASs The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, , 200 , in consideration of the foregoing petition, Esq., and Esq., and captioned action (or actions) as prayed for. Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY ON 4 ? ?~t r p? ?.. RicHARD M. HMM, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07 3534 CIVIL IM 20 V. KATHY L. IAUIIZ ar&ANERBd D. MDAII MS. Co-Executors of the Estate of A. Dorthea McWilliams, 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: ANTHONY T. MMM counsel for the plaintifOMMM in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ h,] _ 5n Pl,,.? TntPrnst and nGrs The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, , 200 Z consi lion of the foregoing and petition, Esq., Esq., and /I AM J-," Al Esq., are appointed arbitrators in the above captioned action (or acti(s) as prayed for. By o G AR B. 9AYL Y -? V) p ..a fTl CD - GrJ c ?hrac