HomeMy WebLinkAbout07-4584IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DEAN M. DELLA LOGGIA
Plaintiff
v. :
BRUCE C. DOUPE, JR. and SHANNON
M. DOUPE
Defendants
CIVIL DIVISION
TYPE OF PLEADING:
CIVIL ACTION -COMPLAINT
IN BREACH OF CONTRACT
COUNSEL OF RECORD
FOR PLAINTIFFS:
Scott A. Dietterick, Esquire
Pa. I.D.#55650
JAMES, SMITH, DIETTERICK &
CONNELLY, LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
YOU ARE EREBY NOTIFI TO PLEAD TO THE
ENCLOSE CO PLAIN I TWENTY (20) DAYS
FROM SE V[ ER OVA EF UDGMENT
MAY BE D A AIN Y
ATTjORI~Y , -eAIN "
I HER )~ Y CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
P.O. Box 40, I#ershey, PA 17033
AND THE
960 Alexe
1
ATTORI~1FJf FOR
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DEAN M. DELLA LOGGIA CIVIL DIVISION
Plaintiff NO.
v.
BRUCE C. DOUPE, JR. and SHANNON
M. DOUPE
Defendants
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim 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 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 maybe 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 SHOULD
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.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DEAN M. DELLA LOGGIA CIVIL DIVISION
Plaintiff NO.
v.
BRUCE C. DOUPE, JR. and SHANNON
M. DOUPE
Defendants
AVISO
LISTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los
proximos veinte (20) Bias despues de la notifacacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte
por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier soma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI
LISTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A LINO, LLAME A VAYA A
LA SIGUEINTE OFICINA PARR AVERIGUAR DONDE PUEDE ENCONTRAR
ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DEAN M. DELLA LOGGIA :
Plaintiff
CIVIL DIVISION
NO. d~- yS~Y ~~ ~
v.
BRUCE C. DOUPE, JR. and SHANNON
M. DOUPE
Defendants
CIVIL ACTION -COMPLAINT IN BREACH OF CONTRACT
And now comes Plaintiff, Dean Della Loggia, by and through his attorneys, James,
Smith, Dietterick & Connelly LLP, and files this Complaint in Breach of Contract as follows:
COUNT I- BREACH OF CONTRACT
1. The Plaintiff is Dean Della Loggia (hereinafter "Plaintiff'), whose mailing
address is P.O. Box 40, Hershey, Pennsylvania 17033.
2. The Defendants are Bruce C. Doupe, Jr. and Shannon M. Doupe (hereinafter
"Defendants"), whose last known address is 960 Alexander Spring Road, Carlisle, PA 17013.
3. Venue is proper in this county as Defendants reside here and regularly conduct
business here.
4. On February 4, 2006, Plaintiff and Defendants entered into an Agreement of Sale
which provided Defendants were to purchase Plaintiff's real property known and numbered as
402 North Second Street, Harrisburg, Pennsylvania 17101 (hereinafter "Real Property"). A true
and correct copy of the Agreement of Sale is attached hereto and made a part hereof as Exhibit
«A„
5. Pursuant to the Addendum to the Agreement of Sale, Defendants agreed to pay
Plaintiff the sum of $15,000.00 should the refinancing and payoff of the mortgage held by
Plaintiff on the Real Property not take place within twelve (12) months of the original purchase
date.
6. To date, the final closing on the Real Property has not taken place, and
Defendants no longer have any intention to purchase the Real Property.
7. Over one (1) year has passed since the Agreement of Sale was entered into;
therefore Plaintiff is entitled to enforce the liquidated damages provision in the Addendum to the
Agreement of Sale.
8. Plaintiff has demanded that Defendants pay him the $15,000.00 liquidated
damages provided for in the Agreement of Sale, however, to date, Defendants have failed to do
so.
WHEREFORE, Plaintiff requests judgment in his favor and against Defendants and
requests damages in the amount of $15,000.00, with interest, along with such other relief as this
Court shall deem appropriate.
COUNT II -BREACH OF ORAL CONTRACT
9. Plaintiff incorporates by reference as though fully set forth all of the averments
set out in paragraphs 1 through 8 of this Complaint.
10. The Real Property is an investment rental property, and subsequent to the
execution of the Agreement of Sale, Plaintiff and Defendant entered into an oral agreement
whereby Defendants would manage the Real Property pending Defendants purchase of same
(hereinafter "Oral Contract").
11. Pursuant to the Oral Contract between the Parties, Defendants agreed to pay
Plaintiff for water, sewer and trash incurred at the Real Property while Defendants were
managing same.
12. Pursuant to the Oral Contract between the Parties, Defendants also agreed to pay
Plaintiff eight percent (8%) of the sale price of the Real Property which was $250,000.00 or
$1,666.67 per month during the time Defendants managed the Real Property.
13. Defendants managed the Real Property from March 2006 through January 2007,
and paid Plaintiff as agreed through November 2006.
14. During the time Defendants managed the Real Property, Plaintiff paid the
unreimbursed amount of Eight Hundred Twenty Eight Dollars and Ninety Three Cents ($828.93)
towards the water, sewer and trash collection at the Real Property.
15. Eight percent (8%) of the sale price of the Real Property which was $250,000.00
collected by Defendants for the Real Property during December 2006 through February 2007
amounts to Five Thousand Dollars and One Cent ($5,000.01).
16. Plaintiff has demanded Defendants reimburse him for the water, sewer and trash
collection costs and pay him the agreed upon percentage of the rents collected, however,
Defendants have failed to do so.
WHEREFORE, Plaintiff requests judgment in his favor and against Defendants for the
amount of $5,828.94, with interest, along with such other relief as this Court shall deem
appropriate.
Respectfully
JAMES, S1V~,~T~I/DIF~T'~ERI~C`I~i CONNELLY LLP
BY:
Sco t A. Di ,Esquire ~
PA ':D, 50
Kimberly A. Bonner, Esquire
PA I.D.#89705
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Exhibit "A"
k
AGREEMENT FOR THE SALE AND PURCHASE OF REAL ESTATE
THIS AGREEMENT FOR THE SALE AND PURCHASE OF REAL ESTATE (the
Agreement") is made as of this ~'~~ day of am y '~(~, by and
between
DEAN M. DELLA LOGGIA (the "Seller")
P.O. Box 40, Hershey, PA 17033
And
BRUCE C. DOUPE, JR. AND SHANNON M. DOUPE
Of Alexander Spring Road
Carlisle, PA 17013
(collectively refereed to as "Buyer").
1. Pro a .Seller hereby agrees to sell and convey to Buyer, who hereby agrees to
purchase and accept the conveyance of all that real property and all improvements thereon
situate in the City of Harrisburg, Dauphin County, Pennsylvania, being known and
numbered as 402 North Second Street, Harrisburg, Pennsylvania /7f~ ,the same being
more particularly bounded and described on that deed dated February 27, 1998, granted and
conveyed to SELLER herein, and recorded in the Office of the Recorder of Deeds in and
for Dauphin County, Pennsylvania, in Deed Book 3047, Page 292.(hereinafter referred to
as "the Premises").
2. Purchase Price. The purchase price which Buyer agrees to pay to Seller and which
Seller agrees to accept for the Premises is the sum of Two Hundred Fifty Thousand
and 00/100 ($250,000.00) Dollars, which is payable as follows:
(a.) $0.00 as hand money upon execution of this Agreement; and
(b.)$250,000.00 at settlement shall be financed by the Seller via a mortgage and
note, with interest accruing thereon at a rate of Eight~~ppercent (8.00%) amortized
over thirty (30) years with a monthly payment of $l~3.?`~with the first payment due
thirty (30) days after settlement. Monthly payments shall continuing for twelve (12)
months, at which time the Seller may demand in writing that the entire principal and
interest balance be .paid in full. Settlement shall be held at the law offices of
Salzmann Hughes, PC, 354 Alexander Spring Road, Suite 1, Carlisle, Pennsylvania
_17013, or such other location as the parties shall mutually agree. The costs of
preparation of the Mortgage and Note shall be divided equally between Buyer and
Seller at settlement.
3. Settlement.
(a.) The settlement shall be made on or before February 28, 2006, or as otherwise
extended in and between the parties.
(b.) The Seller shall tender to Purchaser a properly drawn and executed deed of special
warranty, conveying to the Purchaser a good and marketable title in fee simple, cleaz of all
liens and encumbrances whatsoever, except building restrictions, zoning regulations,
easements, rights-of--way, reservations and other restrictions of record affecting the
Property.
4. Real Estate Transfer Taxes. All taxes for the current year shall be prorated to date
of settlement; County and Borough or Township taxes on a January 1St to December
31St yeaz basis and the School tax on a July 1St to June 30th yeaz basis. The
Pennsylvania Realty Transfer tax and any other sale or transfer taxes aze to be paid
equally by Seller and Purchaser. Notwithstanding the above, to the extent there aze
any back taxes due as of the date of settlement, Seller agrees to pay any taxes which
aze in arrears more than one (1) yeaz. Seller agrees that any back taxes aze solely his
responsibility, however, Seller may delay payment of any such taxes until the
termination of the Note set forth in Paragraph 2 above, or at such date as such back
taxes would be forwarded to the applicable tax claims bureau or collection agency
for payment, whichever occurs first.
5. Prorations. The following shall be apportioned pro-rata as of and at the time of
settlement: Taxes as levied and assessed, water and or sewer payments, if any, together
with any other lienable municipal services.
6. Insaections.
(a.) The Purchaser shall be responsible for the arrangement of and the payment for any
and all inspections of the Premises as desired by Purchaser in contemplation of this
transaction.
(b.) Seller represents that all water and sewer facilities located at the property aze
connected to, and serviced by, the local public water, municipality and/or municipal
authority, and that assessments, chazges, and/or the rents for said services through the
date of settlement shall be paid in full.
2
7. Municiaal Imarovements. Seller hereby warrants that no notice of any municipal
body or other public authority has heretofore been served upon Seller requiring work
to be done or improvements to be made on said Premises, and that Seller has no
knowledge of the enactment or adoption of any local ordinance or resolution by any
such body or authority authorizing work or improvements for which said property
may be assessed.
8. Environmental. Seller warrants that, to the best of his knowledge, the Premises does not
contain any environmental contamination or other environmental hazard and that Seller
shall indemnify and hold Purchaser ,harmless from any and all environmental liability
whatsoever which resulted from any actions or omissions by Seller to the Premises prior to
the date of settlement. This warranty shall survive settlement.
9. Rearesentations. Buyer agrees that they have had the opportunity for the premises to
be inspected and that the Buyer is buying the Premises "AS IS", and not upon
representations of Seller, if any, and without any warranty of Seller, whatsoever.
10. Personally. All existing plumbing, heating, air conditioning and lighting fixtures and
systems appurtenant thereto and forming apart thereof, and other permanent fixtures,
as well as all ranges, laundry tubs, television antennas, masts and rotor systems,
together with wall-to-wall carpeting, screens, storm sash and/or doors, shades,
couplings for automatic washers and dryers, etc, kitchen cabinets, window covering
hardware, shades, blinds, all trees, shrubbery, plantings now in or on the property,
unless specifically excepted in this Agreement, are included in the sale and purchase
price.
11. Title.
(a.) The Buyer will pay for the following:
(i) The premium for title insurance and/or the title search, or fee for
cancellation of same, if any;
(ii) The premium for flood insurance and/or fire insurance with extended
coverage, insurance binder charges or cancellation fee, if any,
(iii) Appraisal fees and charges paid in advance to mortgagee, if any;
(iv) Buyer's normal settlement costs and accruals unless otherwise stated
herein.
(b.) In the event the Seller is unable to give good and marketable title or such as will
he insured by a reputable title company subject to aforesaid, Buyer shall have the
option of taking such title as the Seller can give without abatement of price or of
being repaid all monies paid by the Buyer to the Seller on account of the purchase
3
price, but in the latter event there shall be no further liability or objection on either of
the parties hereto and this Agreement shall become null and void.
12. Possession and Tender.
(a.) Possession is to be delivered to Buyer by deed at settlement.
13. Risk of Loss. Seller shall bear risk of loss from fire or other casualty until time of
settlement. Buyer is hereby notified that he may insure Buyer's equitable interest in
the Premises as of the time of acceptance of this Agreement and Buyer's existing
interest in personal property and possessions located thereon as the current tenant of
the Premises. In the event of damage to the property by fire or other casualty, Buyer
shall have the option of rescinding this Agreement and receiving hand money paid on
account or of accepting the Premises in its then condition with the proceeds of any
insurance recovery .obtainable by Seller. The Seller agrees that the property shall remain
in substantially its present condition until date of settlement, reasonable wear and tear
excepted. Seller shall remain fully responsible for any and all insurance coverage on any
structures upon the Property until the date of settlement as defined hereunder.
14. Assignment. This Agreement shall be binding upon the respective heirs, executors,
administrators and, to the extent assignable, on the assigns of the parties hereto.
15. Default-time is of the Essence. Should the Purchaser fail to make settlement as herein
above provided, the deposit amount of $0.00 may be retained by the Seller as liquidated
damages as Seller sole remedy and neither party shall have any further liability one to the
other and this Agreement shall be declared null and void. Should the Seller fail or refuse to
convey as herein before provided, the Purchaser may require, at their option, the return of
the said deposit or require the Seller to specifically perform the terms and covenants of this
Agreement.
16. Modification. This Agreement shall not be amended, modified, altered or rescinded or
any rights or remedies hereunder waived, except in writing signed by the parties hereto.
17. Descriotiive Headings. The descriptive headings used herein are for convenience
only and they are not intended to indicate all of the matter in the sections which follow
them, Accordingly, they shall have no effect whatsoever in determining the rights or
obligations of the parties.
18. Broker. Seller and Purchaser represent and warrant to each other that no broker is
involved in connection with the transaction contemplated by this Agreement and
neither Seller nor Purchaser will be exposed to any claim for brokerage or finder's fees
or commissions which arise in connection therewith. Any party violating this
representation and warranty shall indemnify, defend and hold the other party harmless
4
against any cost and expense, including attorney's fees, incurred as a result of such
violation.
19. Entire Agreement, THIS AGREEMENT CONTAINS THE WHOLE AGREEMENT
BETWEEN THE SELLER AND BUYER. THERE ARE NO OTHER TERMS,
OBLIGATION, COVENANTS, REPRESENTATIONS, STATEMENT OR
CONDITION, ORAL OR OTHERWISE, OR OF ANY KIND WHATSOEVER
CONCERNENG THIS SALE, EXCEPT AS ATTACHED TO THIS CONTRACT.
IN WITNESS WHEREOF, and intending to be legally bound, the parties do hereto formally
execute this Agreement of Sale as of the day and yeaz first above written.
WITNESSED BY: "SELLER"
~~
BY ~ (SEAL)
DEAN M. DELLA LOGGIA
"PURCHASER"
B ...__ SE
Y ( AL)
RUCE C. DOUPE,
By:
EAL)
SHANNON M. DOUPE
5
Addendum To Sales Contract
Buyer agrees to pay the seller the sum of $15,000 should
the refinancing and payoff of the mortgage held by the
Seller not take place within 12 months of the original
purchase date.
Seller Date 2 -~ -~-
Dean M. Della Loggia
Buyers ~ Date 7f
_ Bruce C. Doupe,J .
Date ~
Shannon M. Doupe
VERIFICATION
I verify that the statements made in this Pleading are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating
to unsworn falsification to authorities.
Date: ~'/ -~ ~
By:
Dean M. Della Loggia
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-04584 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DELLA LOGGIA DEAN M
VS
DOUPE BRUCE C JR ET AL
ROBERT BITNER
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE IN BRE was served upon
DOUPE BRUCE C JR the
DEFENDANT at 1505:00 HOURS, on the 9th day of August 2007
at 960 ALEXANDER SPRING ROAD
CARLISLE, PA 17013 by handing to
SHANNON DOUPE (ADULT IN CHARGE)
a true and attested copy of COMPLAINT & NOTICE IN BRE together with
OF CONTRACT
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service
4.80
/~ ~
Affidavit .00 '/~ ~~
Surcharge 10.00 R. Thomas Kline
.00
5,('1~~1 ~,..• / 32.80 08/10/2007
JAMES SMITH DIETTERICK CONNELL
Sworn and Subscibed to By•
before me this day Deputy S eriff
of A.D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-04584 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DELLA LOGGIA DEAN M
VS
DOUPE BRUCE C JR ET AL
ROBERT BITNER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE IN BRE was served upon
DOUPE SHANNON M
the
DEFENDANT at 1505:00 HOURS, on the 9th day of August 2007
at 960 ALEXANDER SPRING ROAD
CARLISLE, PA 17013
by handing to
SHANNON M DOUPE
a true and attested copy of COMPLAINT & NOTICE IN BRE together with
OF CONTRACT
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
~~i~~~~ ~ 16.00 08/10/2007
JAMES SMITH DIETTERICK CONNELL
Sworn and Subscibed to By:
before me this day eputy Sheriff
of A.D.
James D. Hughes, Esquire
Attorney ID # 58884
Scott B. Granger, Esquire
Attorney ID # 63641
SALZMANN HUGHES, P.C.
354 Alexander Spring Road
Carlisle, Pennsylvania 17015
Phone: (717) 249-6333
DEAN M. DELLA LOGGIA
Plaintiff
vs.
BRUCE C. DOUPE and SHANNON
M. DOUPE,
Defendants
Attorneys for Defendants, Thompsons
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 2007-4584 CIVIL
CIVIL ACTION -LAW
DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
AND NOW, come the Defendants, Bruce C. Doupe and Shannon M. Doupe, by and through
their attorneys, SALZMANN HUGHES, P.C., and preliminarily objects to the Plaintiff s Complaint as
follows:
I. PRELIMINARY OBJECTION PURSUANT TO PA. R.C.P. 1028(a)(4) DEMURER -LEGAL
INSUFFICIENCY OF PLAINTIFF'S COMPLAINT
1. The Plaintiffs Complaint alleges that the Defendants breached an Agreement of Sale
(the "Agreement") dated February 4, 2006 for the sale of real property located at 402 North Second
Street, Harrisburg, Pennsylvania 17101 (the "Property"), and an oral agreement regarding management
of the Property prior to the proposed sale.
2. Paragraph 2(b) of the Agreement sets forth that "$250,000.00 at settlement shall be
financed by the Seller via a mortgage and note".
3. The Seller was unable to obtain the mortgage and the note for the $250,000.00
financing at settlement as required by the Agreement and therefore settlement did not take place.
4. Paragraph 3(a) of the Agreement sets forth "the settlement shall be made on or before
February 28, 2006, or as otherwise extended in and between the parties."
5. The settlement did not take place on or before February 28, 2006, and the parties did not
otherwise extend the February 28, 2006 deadline for settlement.
6. Paragraph 15 of the Agreement sets forth "should the Purchaser fail to make settlement
as herein above provided, the deposit amount of $0.00 may be retained by the Seller as liquidated
damages as Seller sole remedy and neither party shall have any further liability one to the other and
this Agreement shall be declared null and void. Should the Seller fail or refuse to convey as herein
before provided, the Purchaser may require, at their option, the return of the said deposit or require the
Seller to specifically perform the terms and covenants of this Agreement." (emphasis added).
7. The Defendants (Purchasers) chose to not require the Plaintiff (Seller) to specifically
perform the terms and covenants of the Agreement.
8. The Agreement upon which the Plaintiffbases its Complaint is null and void by its own
terms, and therefore any legal action based on the Agreement is also null and void and lacks legal
sufficiency.
9. The sale of the property did not take place because the Plaintiff informed the
Defendants that the Plaintiff owed back taxes on the property and that the settlement could not take
place because the Plaintiff was unable to pay the back taxes at the time of settlement as required by
Paragraph 4 of the Agreement of Sale. The inability of the Plaintiff to pay the back taxes is a violation
of the Agreement.
10. The sale of the Property did not take place because a broker with Landmark Realty
claimed that they were owed a commission on any sale of the Property. The broker ultimately placed a
broker's lien on the Property.
2
11. Paragraph 18 of the Agreement contains a representation and warranty that no broker is
involved in connection with the transaction contemplated by the Agreement. The involvement of the
broker was and is a violation of the Agreement by the Plaintiff.
12. Paragraph 18 of the Agreement also sets forth that "any party violating this
representation and warranty shall indemnify, defend and hold the other party harmless against any cost
and expense, including attorney's fees, incurred as a result of such violation.
13. The Plaintiff was unable to tender to the Defendants a good and mazketable title free
and cleaz of all liens and encumbrances whatsoever due to the back taxes and broker's lien. The
inability of the Plaintiff to tender a good and mazketable title was and is a violation of Pazagraph 3(b)
of the Agreement.
14. The Plaintiff s actions and/or inactions were the sole and proximate cause of the failure
of the parties to settle on the Property on or before February 28, 2006.
WHEREFORE, the Defendants respectfully request that this Court sustain the Defendants'
Preliminary Objections, and dismiss the Plaintiffs Complaint with prejudice as legally insufficient.
The Defendants also respectfully request that this Court awazd the Defendants costs, attorney's fees,
interest and any other relief that this Court deems just.
Respectfully Submitted,
HUGHES, ~.C.
Dated: I~ . ~ 7 ~~
Tames D. JTug~ Esquire /
Atto~{ey ID # 58884
Scott B. Granger, Esquire
Attorney ID # 63641
SALZMANN HUGHES, P.C.
354 Alexander Spring Road
Carlisle, Pennsylvania 17015
Phone: (717) 249-6333
Attorneys for Defendants, Thompsons
3
DEAN M. DELLA LOGGIA,
Plaintiff
Vs.
BRUCE C. DOUPE and SHANNON M.
DOUPE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO: 2007-4584 CIVIL
CIVIL ACTION -LAW
VERIFICATION
I, Bruce C. Doupe, Defendant in the attached Defendants' Preliminary Objections to
Plaintiffs Complaint, hereby certify that the facts set forth in the foregoing pleading are true and
correct to the best of my knowledge, information and belief, and that false statements herein are
made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities.
Date: ~ Z 2G~G
C
Bruce C. Doupe
CERTIFICATE OF SERVICE
AND NOW, this 27th day of August, 2007, I, Scott B. Granger, Esquire, hereby certify
that I served a copy of the within Defendants' Preliminary Objections to Plaintiffls Complaint
this day by depositing the same in the United States mail, postage prepaid, at Carlisle,
Pennsylvania, addressed to:
Dean M. Della Loggia
C/o Scott A. Dietterick, Esquire
James, Smith, Dietterick & Connelly, LLP
P.O. Box 650
Hershey, Pennsylvania 17033
Attorney for Plaintiff
James D. ~[ighos!Esquire
Attorney f D. No. 58884
Scott B. Granger, Esquire
Attorney I.D. No. 63641
SALZMANN HUGHES, PC
354 Alexander Spring Road
Carlisle, PA 17015
(717)249-6333
Attorneys for Defendants Bruce and Shannon Doupe
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DEAN M. DELLA LOGGIA
Plaintiff
CIVIL DIVISION
N0.2007-4584 CIVIL,
v.
BRUCE C. DOUPE, JR. and SHANNON
M. DOUPE
Defendants
PLAINTIFF'S PRELIMINARY OBJECTION TO
DEFENDANTS' PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT
And now comes Plaintiff, Dean Della Loggia (hereinafter "Plaintiff'), by and through his
attorneys, James, Smith, Dietterick & Connelly LLP, and files this Preliminary Objection to
Defendants Bruce C. Doupe and Shannon M. Doupe's (hereinafter "Defendants") Preliminary
Objection to Plaintiff's Complaint as follows:
1. Plaintiff commenced the above-captioned action by filing a Complaint in Breach
of Contract on August 2, 2007.
2. On or about August 27, 2007, Defendants filed a Preliminary Objection in the
nature of a demurer under Pennsylvania Rule of Civil Procedure 1028(a) (4) to Plaintiff's
Complaint.
3. Though titled as a demurrer, Defendants' Preliminary Objection actually lists
Defendants' numerous affirmative defenses to the Complaint.
4. Defendants' Preliminary Objection also alleges extensive additional facts which
are extrinsic to the Complaint, and can not form the basis for a demurrer.
5. Therefore, Defendants' Preliminary Objections should be struck and Defendants
should be ordered to file an Answer to Plaintiff's Complaint within twenty (20) days.
WHEREFORE, Plaintiff requests this Honorable Court to strike Defendants' Preliminary
Objections to Plaintiff's Complaint and require Defendants to file an Answer to Plaintiff's
Complaint, along with such other relief as this Court deems just.
Respectfully submitted,
J SMTI'H, IC CONNELLY LLP
BY:
Scott A. Dietterick, Esquire
PA I.D. # 55650
Kimberly A. Bonner, Esquire
PA I.D.#89705
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DEAN M. DELLA LOGGIA CNII. DNISION
Plaintiff N0.2007-4584 CNII.
v.
BRUCE C. DOUPE, JR. and SHANNON
M. DOUPE
Defendants
CERTIFICATE OF SERVICE
The undersigned hereby certifies a true and correct copy of the foregoing Preliminary
Objections to fendants' Preliminary Objections to Plaintiff's Complaint was served on the
following this~~ay of September, 2007:
James B. Hughes
Scott B. Granger
354 Alexander Spring Road, Suite 1
Carlisle, PA 17013
JAMES, S ,DIE & CONNELLY LLP
BY:
Scott A. Dietterick, Esquire
PA I.D. # 55650
Kimberly A. Bonner, Esquire
PA I.D.#89705
F.O. Box 650
Hershey, PA 17033
(717) 533-3280
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James D. Hughes, Esquire
Attorney ID # 58884
Scott B. Granger, Esquire
Attorney ID # 63641
SALZMANN HUGHES, P.C.
354 Alexander Spring Road
Carlisle, Pennsylvania 17015
Phone: (717) 249-6333
Attorneys for Defendants, Doupes
DEAN M. DELLA LOGGIA
Plaintiff
vs.
BRUCE C. DOUPE and SHANNON
M. DOUPE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 2007-4584 CIVIL
CNIL ACTION -LAW
DEFENDANTS' REPLY TO PLAINTIFF'S PRELIMINARY OBJECTIONS TO
DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
AND NOW, come the Defendants, Bruce C. Doupe and Shannon M. Doupe, by and
through their attorneys, SALZMANN HUGHES, P.C., and files this Reply to the Plaintiff's
Preliminary Objections to the Defendants' original Preliminarily Objects to the Plaintiff's
Complaint as follows:
Admitted.
2. Admitted.
3. Admitted in part, denied in part. It is admitted that the Defendants' preliminary
objections were titled as a demurrer. It is denied that the Defendants' preliminary objections
"actually" list the Defendants' numerous affirmative defenses to the Plaintiff s Complaint. By
way of further response, the allegations contained in this paragraph are conclusions of law, and
as such, no responses are required under the Pennsylvania Rules of Civil Procedure and are
deemed denied.
4. Denied. It is denied that the Defendants' preliminary objections allege extensive
additional facts that are extrinsic to the Complaint. It is also denied that the Defendants'
preliminary objections, as set forth, cannot form the basis for a demurrer. To the contrary, the
Defendants' preliminary objections sufficiently set forth the basis for a demurrer pursuant to
Pennsylvania Rule of Civil Procedure Rule 1028(a)(4). The basis for the demurrer is, the
"Contract" upon which the Plaintiff's claims are based expired on its on terms prior to the
alleged breach, and therefore, it cannot support a breach of contract claim. These facts (and all
inferences reasonably deducted there from) are pleaded in the Plaintiff's Complaint and/or are
contained in, or inferred from, the documents attached to the Plaintiff's Complaint. Paragraphs 1
through 14 of the Defendants' preliminary objections simply restate those facts and inferences.
Even if this Court would find that one or more of the paragraphs in the Defendants' preliminary
objections allege extrinsic additional facts, that still won't change the underlying fact that the
"Contract" upon which the Plaintiff bases its claim expired on its own terms prior to the alleged
breach.
5. Denied. The allegations contained in this paragraph are conclusions of law, and as
such, no responses are required under the Pennsylvania Rules of Civil Procedure and are deemed
denied. By way of further response, the Defendants incorporate the WHEREFORE clause below
as if fully set forth.
WHEREFORE, the Defendants respectfully request that this Court sustain the
Defendants' Preliminary Objections, and dismiss the Plaintiff's Complaint with prejudice as
2
legally insufficient. The Defendants also respectfully request that this Court award the
Defendants costs, attorney's fees, interest and any other relief that this Court deems just.
Respectfully Submitted,
P.C.
Dated• ~ ~%~'~ "~
ames 1Q.
A~rforney ID # 588$4
Scott B. Granger, Esquire
Attorney ID # 63641
SALZMANN HUGHES, P.C.
354 Alexander Spring Road
Carlisle, Pennsylvania 17015
Phone: (717)249-6333
Attorneys for Defendants, Doupes
3
CERTIFICATE OF SERVICE
AND NOW, this 2nd day of October, 2007, I, Scott B. Granger, Esquire, hereby certify
that I served a copy of the within Defendants' Reply to the Plaintiff's Preliminary Objections to
the Defendants' Preliminary Objections to the Plaintiff's Complaint this day by depositing the
same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed to:
Dean M. Della Loggia
C/o Scott A. Dietterick, Esquire
James, Smith, Dietterick & Connelly, LLP
P.O. Box 650
Hershey, Pennsylvania 17033
Attorney for Plaintiff
D~Iu~s, Esquire
ev I.D. No. 58884
Scott B. Granger, Esquire
Attorney I.D. No. 63641
SALZMANN HUGHES, PC
354 Alexander Spring Road
Carlisle, PA 17015
(717)249-6333
Attorneys for Defendants Bruce and Shannon Doupe
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
CAPTION OF CASE
(entire caption must be stated in full)
DEAN M. DELLA LOGGIA
(Plaintiff)
vs.
BRUCE C. DOUPE, JR. and SHANNON M. DOUPE
(Defendants)
Q ~ - y S8"~
No . 02'7.04
1. State matter to be argued (i.e., plaintiff's motion for new
trial, defendant's demurrer to complaint, etc.):
Plaintiff s Preliminary Objections to Defendant's Preliminary Objections.
2. Identify counsel who will argue case:
(a) for plaintiff : Scott A. Dietterick, Esquire/Kimberly A. Bonner, Esquire
Address : P.O. Box 650, Hershey, PA 17033
(b> for defendant: James D. Hughes, Esquire
Address : 354 Alexander Spring Road, Suite 1, Carlisle, PA 17013
3. I will notify all parties in writing within two days that
this case has been listed for argument.
4. Argument Court date: November 21, 2007 ~
Attorney for Plaintiff
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James D. Hughes, Esquire
Attorney ID # 58884
Scott B. Granger, Esquire
Attorney ID # 63641
SALZMANN HUGHES, P.C.
354 Alexander Spring Road
Carlisle, Pennsylvania 17015
Phone: (717)249-6333
Attorneys for Defendants, Doupes
DEAN M. DELLA LOGGIA
Plaintiff
vs.
BRUCE C. DOUPE and SHANNON
M. DOUPE, :
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 2007-4584 CIVIL
CIVIL ACTION -LAW
PRAECIPE TO LIST PRELIMINARY OBJECTIONS POR ORAL ARGUMENT
TO THE PROTHONOTARY:
Please be advised that the Defendants' Preliminary Objections to the Plaintiffs
Complaint; and, the Plaintiffls Preliminary Objections to the Defendant's Preliminary Objections
to the Plaintiff's Complaint are now ripe for oral argument and disposition. Please place the
above referenced preliminary objections on the court calendar for the next regular session of
argument court.
Respectfully requested,
SALZMANN ~1GHES, F.C.
ay
James tlu~es, ~squlrf
Scott .Granger, Esquire
Dated: October 8, 2007
a
CERTIFICATE OF SERVICE
AND NOW, this 8th day of October, 2007, I, Scott B. Granger, Esquire, hereby certify
that I served a copy of the within PRAECIPE TO LIST PRELIMINARY OBJECTIONS FOR
ORAL ARGUMENT this day by depositing the same in the United States mail, postage prepaid,
at Carlisle, Pennsylvania, addressed to:
Dean M. Della Loggia
C/o Scott A. Dietterick, Esquire
James, Smith, Dietterick & Connelly, LLP
P.O. Box 650
Hershey, Pennsylvania 17033
Attorney for Plaintiff
Attey~1:D. No. 58884
Sco Granger, Esquire
Attorney I.D. No. 63641
SALZMANN HUGHES, PC
354 Alexander Spring Road
Carlisle, PA 17015
(717) 249-6333
Attorneys for Defendants Bruce and Shannon Doupe
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#16
DEAN M. DELLA LOGGIA
V.
BRUCE C. DOUPE, JR. and
SHANNON M. DOUPE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.2007 - 4584 CIVIL TERM
IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS TO THE COMPLAINT
AND PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANTS'
PRELIMINARY OBJECTIONS
BEFORE OLER, JR., GUIDO, EBERT, JJ.
ORDER OF COURT
AND NOW, this 11TH day of DECEMBER, 2007, after review the briefs filed by
the parties in support of their respective positions and having heard argument thereon
Plaintiff s Preliminary Objections to Defendants' Preliminary Objections are GRANTED
and Defendants' Preliminary Objections are DISMISSED. Defendant shall file an
answer within twenty (20) days of service of this order.
Edward E. Guido, J.
~tt A. Dietterick, Esquire
Kimberly Bonner, Esquire
es D. Hughes, Esquire
Scott B. Granger, Esquire
Court Administrator
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DEAN M. DELLA LOGGIA,
Plaintiff
Vs.
BRUCE C. DOUPE and SHANNON M.
DOUPE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO: 2007-4584 CIVIL
CIVIL ACTION -LAW
NOTICE TO PLEAD
TO: Dean M. Della Loggia
C/o Scott A. Dietterick, Esquire
James, Smith, Dietterick & Connelly, LLP
P.O. Box 650
Hershey, PA 17033
Attomey for Plaintiff Dean M. Della Loggia
You are hereby notified pursuant to Pennsylvania Rule of Civil Procedure, Rule 1026, to file
a written response to the enclosed New Matter within twenty (20) days from service hereof or a
judgment may be entered against you.
Respectfully Submitted,
HUGHES, P.C.
Dated: ~// ZQO 7
Attq{neylD # 58884
Scott B. Granger, Esquire
Attorney ID # 63641
SALZMANN HUGHES, P.C.
354 Alexander Spring Road
Carlisle, Pennsylvania 17015
Phone: (717) 249-6333
Attorneys for Defendants, Doupe
James D. Hughes, Esquire
Attorney ID # 58884
Scott B. Granger, Esquire
Attorney ID # 63641
SALZMANN HUGHES, P.C.
354 Alexander Spring Road
Carlisle, Pennsylvania 17015
Phone: (717) 249-6333
Attorneys for Defendants, Doupe
DEAN M. DELLA LOGGIA
Plaintiff
vs.
BRUCE C. DOUPE and SHANNON
M. DOUPE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 2007-4584 CIVIL
CIVIL ACTION -LAW
DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT AND NEW MATTER
AND NOW, come the Defendants, Bruce C. Doupe and Shannon M. Doupe, by and through
their attorneys, SALZMANN HUGHES, P.C., and files this Answer to the Plaintiff's Complaint with
New Matter as follows:
COUNT I -BREACH OF CONTRACT
1. Admitted upon information and belief.
2. Admitted.
3. Admitted.
4. Admitted in part, and the document speaks for itself in part. It is admitted that the
parties entered into an Agreement of Sale (the "Agreement") on February 4, 2006. It is also admitted
that a true and correct copy of the Agreement was attached to the Plaintiff s Complaint as Exhibit "A".
The Agreement, as a written document, speaks for itself and must be read and interpreted in its
entirety.
5. Admitted in part, the document speaks for itself in part, and denied in part. It is
admitted that an "Addendum To Sales Contract" (the "Addendum") was drafted and made a part of the
February 4, 2006 Agreement of Sale. It is also admitted that a true and correct copy of the Addendum
was attached to the Plaintiff's Complaint as part of Exhibit "A". The Addendum, as a written
document, speaks for itself, and must be read and interpreted in its entirety. Furthermore, it is
specifically denied that the Defendant agreed to pay to the Plaintiff the sum of $15,000.00 should the
refinancing and payoff of the mortgage held by the Plaintiff on the Real Property not take place within
twelve months of the "original purchase date".
6. Admitted.
7. Admitted in part and denied in part. It is admitted that over one year has passed since
the Agreement was entered into. It is specifically. denied that the Plaintiff is entitled to enforce the
liquidated damages provision in the Addendum to the Agreement.
8. Admitted.
WHEREFORE, the Defendants respectfully request that this honorable court dismiss the
Plaintiff s Complaint with prejudice, enter judgment in favor of the Defendants, and award the
Defendants monetary damages, including costs, attorney's fees, interest, punitive damages, and any
other remedy this court deems just.
COUNT II -BREACH OF ORAL CONTRACT
9. Incorporation paragraph, no response required.
10. Admitted.
11. Admitted.
12. Admitted.
13. Admitted.
14. Admitted.
2
15. Admitted.
16. Admitted in part, denied in part. It is admitted that the Plaintiff has demanded
reimbursement for the water, sewer and trash collection costs, and the percentage of the rents collected.
It is denied, however that the Defendants have failed to do so. To the contrary, the Defendants have
made several offers to pay the $5,828.94 demanded by Plaintiff, but the Plaintiff has refused to accept
payment of the $5,828.94 without also receiving payment of the $15,000.00 liquidated damages
(which Defendants refuse to pay).
WHEREFORE, the Defendants respectfully request that this honorable court dismiss the
Plaintiff s Complaint with prejudice, enter judgment in favor of the Defendants, and award the
Defendants monetary damages, including costs, attorney's fees, interest, punitive damages, and any
other remedy this court deems just.
NEW MATTER
17. Paragraphs 1 through 16 are incorporated herein as if fully set forth.
18. Paragraph 2(b) of the Agreement sets forth that "$250,000.00 at settlement shall be
financed by the Seller via a mortgage and note".
19. The Seller failed to obtain the mortgage and the note for the $250,000.00 financing due
at settlement as required by Paragraph 2(b) of the Agreement and therefore settlement did not take
place.
20. Paragraph 3(a) of the Agreement sets forth "the settlement shall be made on or before
February 28, 2006, or as otherwise extended in and between the parties."
21. The settlement did not take place on or before February 28, 2006, and the parties did not
otherwise extend the February 28, 2006 deadline for settlement.
22. Paragraph 15 of the Agreement sets forth "should the Purchaser fail to make settlement
as herein above provided, the deposit amount of $0.00 may be retained by the Seller as liquidated
damages as Seller's sole remedy and neither party shall have any further liability one to the other and
this Agreement shall be declared null and void. Should the Seller fail or refuse to convey as herein
before provided, the Purchaser may require, at their option, the return of the said deposit or require the
Seller to specifically perform the terms and covenants of this Agreement."
23. The Defendants (Purchasers) chose to not require the Plaintiff (Seller) to specifically
perform the terms and covenants of the Agreement.
24. The Agreement upon which the Plaintiff bases its Complaint is null and void by its own
terms.
25. The Plaintiff s legal action based on the Agreement is also null and void and lacks legal
sufficiency.
26. In a correspondence dated January 28, 2007 the Plaintiff informed the Defendants that
the Plaintiff was unable to obtain and hold the second mortgage on the property as required by
Paragraph 2(b) of the Agreement. See correspondence attached hereto as Exhibit "A".
27. Also in the January 28, 2007 correspondence, the Plaintiff informed the Defendants "do
not be concerned for me if you are not able to secure that mortgage since my plans for that building
will be of much benefit to me and my family." See paragraph 4 of Exhibit "A" attached hereto.
28. The sale of the property did not take place because the Plaintiff informed the
Defendants that the Plaintiff owed back taxes on the property and that the settlement could not take
place because the Plaintiff was unable to pay the back taxes at the time of settlement as required by
Paragraph 4 of the Agreement.
29. The inability of the Plaintiff to pay the back taxes is a violation of the Agreement.
30. The sale of the Property did not take place because a broker with Landmark Realty
claimed that they were owed a commission on any sale of the Property.
31. The broker ultimately placed a broker's lien on the Property.
4
32. Paragraph 18 of the Agreement contains a representation and warranty that no broker is
involved in connection with the transaction contemplated by the Agreement.
33. The involvement of the broker was and is a violation of the Agreement by the Plaintiff.
34. Paragraph 18 of the Agreement also sets forth that "any party violating this
representation and warranty shall indemnify, defend and hold the other party harmless against any cost
and expense, including attorney's fees, incurred as a result of such violation.
35. Paragraph 3(b) of the Agreement requires the Plaintiff to tender to the Defendants a
good and marketable title free and cleaz of all liens and encumbrances whatsoever.
36. The Plaintiff was unable to tender to the Defendants a good and mazketable title free
and clear of all liens and encumbrances whatsoever.
37. The inability of the Plaintiff to tender a good and marketable title was and is a violation
of Paragraph 3(b) of the Agreement.
38. The Plaintiff s actions and/or inactions were the sole and proximate cause of the failure
of the parties to settle on the Property on or before February 28, 2006.
39. Plaintiff's Complaint fails to state a claim upon which relief can be granted.
40. Plaintiff s failure to obtain the mortgage and the note for the $250,000.00 financing due
at settlement; and/or the Plaintiff s failure to tender to the Defendants a good and marketable title free
and clear of all liens and encumbrances whatsoever due to the back taxes and broker's lien, all as
required under the terms of the Agreement, was a material breach of the Agreement, which bars
Plaintiff s claims.
41. Plaintiff's failure to obtain the mortgage and the note for the $250,000.00 financing due
at settlement; and/or the Plaintiff's failure to tender to the Defendants a good and marketable title free
and clear of all liens and encumbrances whatsoever due to the back taxes and broker's lien, all as
5
required under the terms of the Agreement, constitutes non-performance of the Agreement, which bars
Plaintiff's claims.
42. Plaintiff s failure to obtain the mortgage and the note for the $250,000.00 financing due
at settlement; and/or the Plaintiff's failure to tender to the Defendants a good and marketable title free
and clear of all liens and encumbrances whatsoever due to the back taxes and broker's lien, all as
required under the terms of the Agreement, constitutes a failure of consideration regarding the
Agreement, which bars Plaintiff s claims.
43. Plaintiff's failure to obtain the mortgage and the note for the $250,000.00 financing due
at settlement; and/or the Plaintiff's failure to tender to the Defendants a good and marketable title free
and clear of all liens and encumbrances whatsoever due to the back taxes and broker's lien, all as
required under the terms of the Agreement, constitutes a surrender of the Plaintiff's rights under the
Agreement, which bars the Plaintiff's claims under the defense of waiver.
44. Plaintiff s failure to obtain the mortgage and the note for the $250,000.00 financing due
at settlement; and/or the Plaintiff's failure to tender to the Defendants a good and marketable title free
and clear of all liens and encumbrances whatsoever due to the back taxes and broker's lien, all as
required under the terms of the Agreement, bars the Plaintiff's claims under the defense of unclean
hands.
45. Plaintiff s failure to obtain the mortgage and the note for the $250,000.00 financing due
at settlement; and/or the Plaintiff's failure to tender to the Defendants a good and marketable title free
and clear of all liens and encumbrances whatsoever due to the back taxes and broker's lien, all as
required under the terms of the Agreement, bars Plaintiff's claims under the defense of estoppel.
46. Plaintiff's failure to obtain the mortgage and the note for the $250,000.00 financing due
at settlement; and/or the Plaintiff's failure to tender to the Defendants a good and marketable title free
6
and clear of all liens and encumbrances whatsoever due to the back taxes and broker's lien, all as
required under the terms of the Agreement, bars Plaintiff's claims under the defense of release.
WHEREFORE, the Defendants respectfully request that this honorable court dismiss the
Plaintiff's Complaint with prejudice, enter judgment in favor of the Defendants, and awazd the
Defendants monetary damages for all consequential and incidental damages, including costs,
attorney's fees, interest, punitive damages, and any other remedy this court deems just.
Respectfully Submitted,
Dated:1 ~/ ZaO7
354 Alexander Spring Road
Carlisle, Pennsylvania 17015
Phone: (717) 249-6333
Attorneys for Defendants, Doupe
7
Scott 13. Granger, Esquire
Attorney ID # 63641
SALZMANN HUGHES, P.C.
EXHIBIT "A"
January 28,2007
Dear Bruce,
I received your information from your phone message last week. Sony I havn't been able to get
back to you yet. -
I am not able to hold a second mortgage for you on 402 N. 2nd St. Hbg, PA. I must consider what
is best for my
family first and then after that I try to help out others when I can.
If you are not able to secure the entire $250,000 by the final contract date of 2-28-07 then I will be
taking back the property
at that time. I have alternative plans for that building beginning March 1. I beleive that I
rneTltIOTIEU These plans ZO y0U
recently. We will be going in and building luxury suiteslapts to be rented at $1500 per month. It is
still my belief that this building will value out at $500,000 within 10 years considering what is going
on downtown.
Do not be concerned for me if you are not able to secure that mortgage since my plans for that
building will be of much benefit
to me and my family.
It would be greatly appreciated if you could bring your lease payments up to date since. I am still
responsible for taxes on
that building and I have na income on it. I beleive that the first payment was due on Dec.28
making the second payment due '
today 1-28-07.
Let me know as soon as you know whether you are going to be able to secure the $250,000 within
the next 30 days.
Sincere)
Dean M. Della Loggia
DDL Real Estate Investments
VERIFICATION
UWe the undersigned hereby verify that I/We aze the Attorneys for the Defendants in
this action. UWe are authorized to verify that I/We have read the foregoing document, and, that
the statements made therein are true and correct to the best of my/our knowledge, information
and belief, and are based on information provided by myJour client during face-to-face
interviews.
UWe understand that false statements made herein are made subject to the penalties of 18
Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
Dater ~~
CERTIFICATE OF SERVICE
AND NOW, this 31st day of December, 2007, I, Scott B. Granger, Esquire, hereby
certify that I served a copy of the within ANSWER WITH NEW MATTER this day by
depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania,
addressed to:
Dean M. Della Loggia
C/o Scott A. Dietterick, Esquire
James, Smith, Dietterick & Connelly, LLP
P.O. BOX 6S0
Hershey, Pennsylvania 17033
Attorney for Plaintiff
D.
I.B!No. 58884
Scott B: Granger, Esquire
Attorney I.D. No. 63641
SALZMANN HUGHES, PC
354 Alexander Spring Road
Carlisle, PA 17015
(717)249-6333
Attorneys for Defendants Bruce and Shannon Doupe
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James D. Hughes, Esquire
Attorney ID # 58884
Scott B. Granger, Esquire
Attorney ID # 63641
SALZMANN HUGHES, P.C.
354 Alexander Spring Road
Cazlisle, Pennsylvania 17015
Phone: (717) 249-6333
Attorneys for Defendants, Doupes
DEAN M. DELLA LOGGIA IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO: 2007-4584 CNIL
BRUCE C. DOUPE and SHANNON
M. DOUPE,
Defendants CIVIL ACTION -LAW
PRAECIPE TO SUSTITUTE VERIFICATION
TO THE PROTHONOTARY:
Please substitute the attached party Verification for the attorney Verification filed with
the Defendant's Answer to Plaintiff's Complaint with New Matter regarding tihe above captioned
action. Thank you.
Respectfully requested,
SA
By
Dated: January $, 2008
VERIFICATION
I, Bruce C. Doupe, hereby certify that the facts set forth in the foregoing Defendant's
Answer to Plaintiffis Complaint with New Matter are true and correct to the best of my knowledge,
information and belief, and that false statements herein are made subject to the penalties of 18
Pa.C.S.A. §4904 relating to unsworn falsification to authorities.
Date: 1- 3 "~$ ~~b~
Bruce C. Doupe
CERTIFICATE OF SERVICE
AND NOW, this 9th day of January, 2008, I, Scott B. Granger, Esquire, hereby certify
that I served a copy of the within PRAECIPE TO SUBSTITUTE VERIFICATION this day by
depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania,
addressed to:
Dean M. Della Loggia
C/o Scott A. Dietterick, Esquire
James, Smith, Dietterick & Connelly, LLP
P.O. Box 650
Hershey, Pennsylvania 17033
Attorney for Plaintiff
Scott B. Granger, Esquire
Attorney I.D. No. 63641
SALZMANN HUGHES, PC
354 Alexander Spring Road
Carlisle, PA 17015
(717) 249-6333
Attorneys for Defendants Bruce and Shannon Doupe
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DEAN M. DELLA LOGGIA CIVIL DIVISION
Plaintiff NO. 2007-4584 CIVIL
v.
BRUCE C. DOUPE, JR. and SHANNON
M. DOUPE
Defendants
PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER
And now comes Plaintiff, Dean Della Loggia (hereinafter "Plaintiff'), by and through his
attorneys, James, Smith, Dietterick & Connelly LLP, and files this Reply to Defendants Bruce C.
Dope and Shannon M. Dope's (hereinafter "Defendants") New Matter as follows:
17. Plaintiff incorporates Paragraphs l through 16 of his Complaint against
Defendants as if set forth fully herein.
18. Denied. The Agreement is a document in writing which speaks for itself.
19. Denied. It is specifically denied Plaintiff breached the Agreement in any way or
caused settlement not to take place.
20. Denied. The Agreement is a document in writing which speaks for itself.
21. Admitted that settlement did not take place on or before February 28, 2006, the
remaining allegations in Paragraph 21 are denied. It is specifically denied Plaintiff breached the
Agreement in any way or caused settlement not to take place.
22. Denied. The Agreement is a document in writing which speaks for itself.
23. Denied. It is specifically denied Plaintiff breached the Agreement in any way or
caused settlement not to take place.
24. Denied. Paragraph 24 of Defendant's New Matter constitutes a conclusion of law
to which no response is required. To the extent a response is required, it is specifically denied
the Agreement is null and void by its own terms.
25. Denied. Paragraph 25 of Defendant's New Matter constitutes a conclusion of law
to which no response is required. To the extent a response is required, it is specifically denied
Plaintiff s legal action based on the Agreement is null and void and lacks legal sufficiency.
26. Denied. The correspondence attached to Defendant's New Matter as Exhibit "A"
is a document in writing which speaks for itself.
27. Denied. The correspondence attached to Defendant's New Matter as Exhibit "A"
is a document in writing which speaks for itself.
28. Denied. It is specifically denied Plaintiff breached the Agreement in any way or
caused settlement not to take place.
29. Denied. It is specifically denied Plaintiff breached the Agreement in any way or
caused settlement not to take place.
30. Denied. It is specifically denied Plaintiff breached the Agreement in any way or
caused settlement not to take place.
31. Denied. It is specifically denied Plaintiff breached the Agreement in any way or
caused settlement not to take place.
32. Denied. The Agreement is a document in writing which speaks for itself.
33. Denied. It is specifically denied Plaintiff breached the Agreement in any way or
caused settlement not to take place.
34. Denied. The Agreement is a document in writing which speaks for itself.
35. Denied. The Agreement is a document in writing which speaks for itself.
36. Denied. It is specifically denied Plaintiff breached the Agreement in any way or
caused settlement not to take place.
37. Denied. It is specifically denied Plaintiff breached the Agreement in any way or
caused settlement not to take place.
38. Denied. It is specifically denied Plaintiff breached the Agreement in any way or
caused settlement not to take place.
39. Denied. Paragraph 39 of Defendant's New Matter constitutes a conclusion of law
to which no response is required. To the extent a response is required, it is specifically denied
Plaintiff's Complaint fails to state a claim upon which relief can be granted.
40. Denied. Paragraph 40 of Defendant's New Matter constitutes a conclusion of ]aw
to which no response is required. To the extent a response is required, it is specifically denied
Plaintiff materially breached the Agreement.
41. Denied. Paragraph 41 of Defendant's New Matter constitutes a conclusion of law
to which no response is required. To the extent a response is required, it is specifically denied
Plaintiff breached the Agreement and specifically denied Plaintiff s claims are barred by non-
performance under the Agreement.
42. Denied. Paragraph 42 of Defendant's New Matter constitutes a conclusion of law
to which no response is required. To the extent a response is required, it is specifically denied
Plaintiff breached the Agreement and specifically denied Plaintiff's claims are barred by failure
of consideration.
43. Denied. Paragraph 43 of Defendant's New Matter constitutes a conclusion of law
to which no response is required. To the extent a response is required, it is specifically denied
Plaintiff breached the Agreement and specifically denied Plaintiff's claims are barred by the
defense of waiver.
44. Denied. Paragraph 44 of Defendant's New Matter constitutes a conclusion of law
to which no response is required. To the extent a response is required, it is specifically denied
Plaintiff breached the Agreement and specifically denied Plaintiff's claims are barred by the
defense of unclean hands.
45. Denied. Paragraph 45 of Defendant's New Matter constitutes a conclusion of law
to which no response is required. To the extent a response is required, it is specifically denied
Plaintiff breached the Agreement and specifically denied Plaintiff's claims are barred by the
defense of estoppel.
46. Denied. Paragraph 46 of Defendant's New Matter constitutes a conclusion of law
to which no response is required. To the extent a response is required, it is specifically denied
Plaintiff breached the Agreement and specifically denied Plaintiff's claims are barred by the
defense of release.
WHEREFORE, Plaintiff requests judgment in his favor and against Defendants for
damages as requested in Plaintiff's Complaint, along with such other relief as this Court shall
deem appropriate.
Respectfully submitted,
JAMES, S ITH, DIETTERICK & CONNELLY LLP
BY:
S t . Dietterick, squire
PA I.D. # 55650
Kimberly A. Bonner, Esquire
PA I.D.#89705
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
. .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DEAN M. DELLA LOGGIA CIVIL DIVISION
Plaintiff N0.2007-4584 CIVIL
v.
BRUCE C. DOUPE, JR. and SHANNON
M. DOUPE
Defendants
CERTIFICATE OF SERVICE
The undersigned hereby certifies a true and correct co ~of the foregoing Reply to
Defendant's New Matter was served on the following this ~ day of Se~a~Har, 200:
7G11~ ua~
James B. Hughes
Scott B. Granger
354 Alexander Spring Road, Suite 1
Carlisle, PA 17013
JAMES, S ITH, DIETTER CK & CONNELLY LLP
BY:
Scott A. Dietterick, Esquire
PA I.D. # 55650
Kimberly A. Bonner, Esquire
PA I.D.#89705
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
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