HomeMy WebLinkAbout08-1461William L. Adler, Esquire
ADLER & ADLER
125 Locust St.
Harrisburg, PA 17101
Phone: 717-234-3289
Fax: 717-234-1670
Email: wmadler(&,,adlerandadler.net
Supreme Court ID: 39844
Louis J. Capozzi, Jr. and Shelley Lee Capozzi
Plaintiffs
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY, PENNSYLVANIA
V.
Jeffrey L. Walters and Beth Ann Walters,
Defendants
: CIVIL ACTION - EQUITY
NO. Q V- ) y G( C ?n f 4t-r"k
N 0 T I C E
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 attorney
and filing in writing with the court your defenses or objections
to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you, and a judgment
may be entered against you by the court without further notice
for any money claimed in the Complaint or for any other claim or
relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Ave.
Carlisle, PA 17013
(717) 249-3166
N 0 T I C I A
Le han demandado a usted an la corte. Si usted guiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. 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 demandas en
contra de su persona. Sea avisado gue si usted no se defienda,
la corte tomara medidas y puede entrar una orden contra usted sin
previo aviso o notificacion y por cualquier gueja o alivio gue es
pedido en la peticion de demanda. Usted puede perder dinero o
sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUNENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Ave.
Carlisle, PA 17013
(717) 249-3166
Louis J. Capozzi, Jr. and Shelley Lee Capozzi
Plaintiffs
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
Jeffrey L. Walters and Beth Ann Walters,
Defendants
COMPLAINT
AND NOW COMES the plaintiff, Louis J. Capozzi, Jr. and Shelley Lee Capozzi, through
their attorneys, Adler & Adler, and respectfully represents the following:
1. Plaintiffs, Louis J. Capozzi, Jr. and Shelley Lee Capozzi, are adult individuals with an address
of 1655 Holly Pike, Carlisle, PA 17015.
2. Defendants, Jeffrey L. Walters and Beth Ann Walters, are adult individuals with an address of
86 Greenwood Circle, Lemoyne, PA 17043.
3. On October 30, 2004, Capozzi, and defendants purchased the property known as Unit 403,
Palmanova Plaza, Palmas Del Mar, Puerto Rico, a condominium unit located in Puerto Rico
(hereinafter referred to as the "Condo")
4
All expenses of the Condo were to be shared equally by the two couples.
5. Defendant, Jeffrey Walters, was responsible for paying all Condo bills with contribution from
plaintiff Capozzi.
6. On or about the middle of January, 2007, plaintiff discovered that Jeff Walters had not been
paying the bills such as condominium fees and utility charges.
7. It was on or around the middle of January, 2007, that defendant Walters informed plaintiff
that defendant Walters was having severe financial difficulties.
8. In order to survive financially, defendant Walters needed to sell his interest in the Condo.
9. Plaintiff agreed to purchase defendants' interest in the Condo for $200,000.00.
10. Plaintiff and defendant purchased the Condo for $385,000.00 in 2005 with each party
contributing $192,500.00.
11. Plaintiff paid the defendant $200,000.00 for defendants' interest in the Condo on May 17,
2007.
12. Settlement on the property did not occur until July 17, 2007.
13. Plaintiff paid defendant in May of 2007 because of defendants' immediate need for funds.
14. Plaintiff also paid for all settlement costs listed on the settlement sheet in July of 2007.
15. Defendant agreed to pay defendant's prorata share of all unpaid expenses for the Condo up
until the closing date.
16. Not all unpaid expenses were quantified at the time of settlement on July 17, 2007.
17. At settlement, defendant agreed that an accounting would be given by defendant, who had
all the bills, and once these expenses were quantified, that he would contribute his prorata share.
18. Plaintiff was unaware that Defendant had not paid three years of real estate taxes at the
time of closing, and defendant claims he had not received the real estate tax bills.
19. Defendant had been responsible for the collection and payment of all bills, with contribution
from plaintiff.
20. Defendant failed to pay the real estate taxes due and failed in his responsibility to ascertain
that obligation.
21. On or about July 27, 2007, defendant was presented with the following bills:
2005, 2006 and 2007 Real estate taxes ................................ $5,789.77
2006 Tax return preparation for Lou Jeff, Inc . ........................... 1,532.19
Condo association fees ............................................. $230.00
22. Since July of 2007, the following bill also remains unpaid:
Marsters Management fee due ...................................... $3,500.00
23. Defendant has refused to pay his prorata share of said bills after repeated demands therefore.
24. The deed which had been signed by plaintiffs and defendants for the sale of the Condo to
plaintiffs was returned to plaintiffs unrecorded, because the lawyer from Puerto Rico informed
the parties that the parties' initials were required on each page in order to record the document.
25. The lawyer from Puerto Rico had not previously informed the parties of such a requirement.
26. Even though defendants have received the $200,000.00 purchase price, the defendants refuse
to initial the deed so that it may be recorded.
WHEREFORE, Plaintiffs respectfully request the following relief:
That Defendants be ordered to initial or take any other action required so that the deed for the
Condo can be recorded in Puerto Rico;
That Defendants be ordered to reimburse plaintiffs $5,525.98 representing 1/2 of the above listed
expenses;
In the alternative, that Defendant be ordered to repay the $200,000.00 paid by Plaintiffs to
Defendant, plus 50% of the closing costs paid by Plaintiff;
That Defendants be ordered to pay Plaintiffs costs of suit.
Breach of Contract
27. Paragraphs one through 26 are incorporated herein by reference.
28. In both the agreement of sale and at settlement, defendants agreed to pay their prorata share
of expenses, including utilities and Condo fees, due up to the time of settlement.
29. After repeated demand, defendants have refused to pay their prorata share of said expenses.
30. By failing to pay said expenses, defendants have breached the oral agreement to pay said
prorata share of the expenses.
31. Defendants further agreed to execute a recordable deed to the Condo to plaintiffs.
32. After repeated demands, defendants have refused to initial the deed so that it may be
recorded.
33. In failing to reimburse plaintiff for said Condo expenses, defendants breached their
agreement with plaintiffs to do so.
WHEREFORE, Plaintiffs respectfully request the following relief:
That Defendants be ordered to initial or take any other action required so that the deed for the
Condo can be recorded in Puerto Rico;
That Defendants be ordered to reimburse plaintiffs $5,525.98 representing 1/2 of the above listed
expenses;
In the alternative, that Defendant be ordered to repay the $200,000.00 paid by Plaintiffs to
Defendant, plus 50% of the closing costs paid by Plaintiff;
That Defendants be ordered to pay Plaintiffs costs of suit.
William L. Adler, Esquire
Attorney for Plaintiff
ADLER & ADLER
P.O. Box 11933
125 Locust St.
Harrisburg, PA 17108
717-234-3289
Supreme Court ID Number 39844
Wmadler@adlerandadler.net
March 4, 2008
VERIFICATION
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING PLEADING
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE
MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S.A. Section 4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
DATE
Lou Jeff, Inc. by:
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01461 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPOZZI LOUIS J JR ET AL
VS
WALTERS JEFFREY L ET AL
KENNETH GOSSERT
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
WALTERS JEFFREY L the
DEFENDANT at 1706:00 HOURS, on the 11th day of March 2008
at 86 GREENWOOD CIRCLE
LEMOYNE, PA 17043 by handing to
BETH A WALTERS, WIFE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 14.40
Postage .58
Surcharge 10.00
3 I 1 ?? U k ?.„ ,/ 00
42.98
Sworn and Subscibed to
before me this day
of
So Answers:
R. Thomas Kline
03/13/2008
CRAIG ADLER
By:
D p y S i f
A. D.
?. ^4 SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01461 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPOZZI LOUIS J JR ET AL
VS
WALTERS JEFFREY L ET AL
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
WALTERS BETH ANN the
DEFENDANT
, at 1706:00 HOURS, on the 11th day of March , 2008
at 86 GREENWOOD CIRCLE
LEMOYNE, PA 17043
BETH A WALTERS
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Qk.-
311F) ek
So Answers:
6.00 r
.00
.00
10.00 R. Thomas Kline
.00
? 16.00 03/13/2008
CRAIG ADLER
Sworn and Subscibed to
before me this
of
By: Z11/ Ary J
day pu y i f
, A. D.
LOUIS J. CAPOZZI, JR. and SHELLEY
LEE CAPOZZI,
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Plaintiffs
V.
CIVIL ACTION - EQUITY
NO.: 08-1461 CIVIL TERM
JEFFREY L. WALTERS and BETH ANN
WALTERS,
Defendants
DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFFS'
COMPLAINT
TO THE HONORABLE JUDGE OF SAID COURT:
AND NOW, this 6 h day of June, 2008, come Jeffrey L. Walters and Beth Ann
Walters, Defendants, by their attorney Mark S. Silver, Esquire and Joseph A. Klein, P.C.,
and file the following Preliminary Objections to the Complaint filed against them by
Plaintiffs Louis J. Capozzi, Jr., and Shelley Lee Capozzi for the reasons hereinafter set
forth:
PRELIMINARY OBJECTIONS FOR FAILURE OF THE
COMPLAINT TO CONFORM TO LAW OR RULE OF COURT OR INCLUSION
OF SCANDALOUS OR IMPERTINENT MATTER.
A. PRELIMINARY OBJECTIONS BASED UPON FAILURE OF THE
COMPLAINT TO CONFORM TO LAW OR RULE OF COURT.
1. Pa. R. C. P. Rule 1019 provides as inter alia, follows:
"(h) When any claim or defense is based upon an agreement,
the pleading shall state specifically if the agreement is oral
or written.
NOTE: If the agreement is in writing, it must be attached to the
pleading. See Subdivision (i) of this rule.
(i) When any claim or defense is based upon a writing, the
pleader shall attach a copy of the writing, or the material
part thereof, but if the writing or copy is not accessible to
the pleader, it is sufficient so to state, together with the
reason, and to set forth the substance in writing."
2. The Complaint filed by Plaintiffs against Defendants, attached hereto and
incorporated herein as Exhibit "A" in its entirety and in the form as served upon
Defendants, though referencing in Paragraph 14 a "settlement sheet"; in Paragraph 15
"Defendant agreed..."; in Paragraph 21 "... the following bills:"; in Paragraph 22 "... the
following bill..."; in Paragraph 23 "... of said bills..."; in Paragraph 24 "the deed..."; in
Paragraph 28 "...both the agreement of sale and at settlement, defendants agreed to pay
their pro rata share of expenses, including utilities and Condo fees, due up to the time of
settlement..."; in Paragraph 30 "...the oral agreement to pay said pro rata share of the
expenses..."; in Paragraph 31 "...a recordable deed"; in Paragraph 33 "...agreement with
Plaintiffs..."; and in Paragraphs 4, 5, and 6 references made in the Complaint to
purported agreements between Plaintiffs and Defendants which are not identified as
having either been oral agreements or written agreements and had they been oral, the
substance of the same is not provided and had they purportedly been in writing, no copy
of the writing is attached as required by Pa. R.C.P. 1019. With regard to all specifically
numbered Paragraphs listed in this Preliminary Objection 2, and any purported
agreements, the same are not identified as having been either oral or written agreements
and had they been oral, the substance of the same is not provided and had they
purportedly been in writing, no copy of the writing is attached to Plaintiffs' Complaint as
required by Pa. R. C. P. 1019..
3. Plaintiffs in their Complaint attempt repeatedly to circumvent the absolute
and mandatory requirements of Pa. R.C.P. 1019 and have failed to either set forth the
substance of any oral agreements or provide any written agreements or even identify in
their Complaint whether any agreements were oral or written as required by the aforesaid
Pa. R.C.P. 1019.
WHEREFORE, Defendants respectfully request that Plaintiffs' Complaint be
stricken in its entirety for failure to conform with the Pennsylvania Rules of Civil
Procedure and the statutory and case law interpreting the same as set forth above.
B. PRELIMINARY OBJECTIONS BASED ON INCLUSION OF
SCANDALOUS OR IMPERTINENT MATTER IN PLAINTIFFS' COMPLAINT
4. Paragraphs 1 through and including 3 above are incorporated herein by
reference as though set forth at length as is Exhibit "A" attached hereto.
5. Plaintiffs' instant Complaint and the striking thereof should be decided
based upon whether or not these are accurate averments of fact contained therein, the
accuracy of all of which are in doubt, and not upon impertinent and/or scandalous and/or
irrelevant matters raised in Paragraphs 6, 7, 8, 13, 15, 16, 17, 18, 20, 23, 24, 26, 27 (with
respect to the incorporation by reference of any of the Paragraphs previously numbered
herein), 29, 30, 31, 32, and 33.
WHEREFORE, all the aforesaid Paragraphs 6, 7, 8, 13, 15, 16, 17, 18, 20, 23,
24, 26, 27 (with respect to the incorporation by reference of any of the Paragraphs
previously numbered herein), 29, 30, 31, 32, and 33 should be stricken from Plaintiffs'
Compja*t as Tt/ho a it impertinent, scandalous, and irrelevant.
Jeffre alters B Ann Walters
JOSEPH A. KLEIN, P.C.
r C
Date: June 6, 2008 t+ L
b"
By: ?..i
Mark S. Silver, Esquire
I.D. No. 09825
500 North Third Street, 7 h Floor
P.O. Box 1152
Harrisburg, PA 17101
(717) 233-0132
Attorney for Defendants
Jeffrey L. Walters and Beth Ann
Walters
William L. Adler, Esquire
ADLER & ADLER
125 Locust St.
Harrisburg, PA 17101
Phone: 717-234-3289
Fax: 717-2341670
Email: wmadler(? adlerandadlennet
Supreme Court ID: 39844
Louis J. Capozzi, Jr. and Shelley Lee Capozzi
Plaintiffs
2
L b.
y r
IN THE COURT OF COMM4N?A
Cumberland COUNTY, PENNS? AT
V. : CIVIL ACTION - EQUITY
Jeffrey L. Walters and Beth Ann Walters, : NO. _ )4/41 C 11i, r -fit rti
Defendants
N O T I C E
R
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 attorney
and filing in writing with the court your defenses or objections
to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you, and a judgment
may be entered against you by the court without further notice
for any money claimed in the Complaint or for any other claim or
relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Ave.
Carlisle, PA 17013
(717) 249-3166
T E COPY FROM :COW
tom.1 iroMw'li sd o a:
4M 10 Nd Caulk PL
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EXHIBIT
'? Ai.
N O T I C I A
Le han demandado a usted an la corte. Si usted guiere
defenderse de estas demanders expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y 1a notificacion. 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 demanders en
contra de su persona. Sea avisado gue si usted no se defienda,
la corte tomara medidas y puede entrar una orden contra usted sin
previo aviso o notificacion y por cualquier gueja o alivio gue es
pedido en la peticion de demanda. Usted puede perder dinero o
sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUNENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Ave.
Carlisle, PA 17013
(717) 249-3166
Louis J. Capozzi, Jr. and Shelley Lee Capozzi : IN THE COURT OF COMMON PLEAS
Plaintiffs : Cumberland COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
Jeffrey L. Walters and Beth Ann Walters, : NO. cr.M.
Defendants 15?- G I C ?? +
COMPLAINT
AND NOW COMES the plaintiff, Louis J. Capozzi, Jr. and Shelley Lee Capozzi, through
their attorneys, Adler & Adler, and respectfully represents the following:
1. Plaintiffs, Louis J. Capozzi, Jr. and Shelley Lee Capozzi, are adult individuals with an address
of 1655 Holly Pike, Carlisle, PA 17015.
2. Defendants, Jeffrey L. Walters and Beth Ann Walters, are adult individuals with an address of
86 Greenwood Circle, Lemoyne, PA 17043.
3. On October 30, 2004, Capozzi, and defendants purchased the property known as Unit 403,
Palmanova Plaza, Palmas Del Mar, Puerto Rico, a condominium unit located in Puerto Rico
(hereinafter referred to as the "Condo").
4. All expenses of the Condo were to be shared equally by the two couples.
5. Defendant, Jeffrey Walters, was responsible for paying all Condo bills with contribution from
plaintiff Capozzi.
6. On or about the middle of January, 2007, plaintiff discovered that Jeff Walters had not been
paying the bills such as condominium fees and utility charges.
7. It was on or around the middle of January, 2007, that defendant Walters informed plaintiff
that defendant Walters was having severe financial difficulties.
8. In order to survive financially, defendant Walters needed to sell his interest in the Condo.
9. Plaintiff agreed to purchase defendants' interest in the Condo for $200,000.00.
10. Plaintiff and defendant purchased the Condo for $385,000.00 in 2005 with each party
contributing $192,500.00.
11. Plaintiff paid the defendant $200,000.00 for defendants' interest in the Condo on May 17,
2007.
12. Settlement on the property did not occur until July 17, 2007.
13. Plaintiff paid defendant in May of 2007 because of defendants' immediate need for funds.
14. Plaintiff also paid for all settlement costs listed on the settlement sheet in July of 2007.
15. Defendant agreed to pay defendant's prorata share of all unpaid expenses for the Condo up
until the closing date.
16. Not all unpaid expenses were quantified at the time of settlement on July 17, 2007.
17. At settlement, defendant agreed that an accounting would be given by defendant, who had
all the bills, and once these expenses were quantified, that he would contribute his prorata share.
18. Plaintiff was unaware that Defendant had not paid three years of real estate taxes at the
time of closing, and defendant claims he had not received the real estate tax bills.
19. Defendant had been responsible for the collection and payment of all bills, with contribution
from plaintiff.
20. Defendant failed to pay the real estate taxes due and failed in his responsibility to ascertain
that obligation.
21. On or about July 27, 2007, defendant was presented with the following bills:
2005, 2006 and 2007 Real estate taxes ................................ $5,789.77
2006 Tax return preparation for Lou Jeff, Inc . ........................... 1,532.19
Condo association fees ............................................. $230.00
22. Since July of 2007, the following bill also remains unpaid:
Marsters Management fee due ...................................... $3,500.00
23. Defendant has refused to pay his prorata share of said bills after repeated demands therefore.
24. The deed which had been signed by plaintiffs and defendants for the sale of the Condo to
plaintiffs was returned to plaintiffs unrecorded, because the lawyer from Puerto Rico informed
the parties that the parties' initials were required on each page in order to record the document.
25. The lawyer from Puerto Rico had not previously informed the parties of such a requirement.
26. Even though defendants have received the $200,000.00 purchase price, the defendants refuse
to initial the deed so that it may be recorded.
WHEREFORE, Plaintiffs respectfully request the following relief.
That Defendants be ordered to initial or take any other action required so that the deed for the
- Condo can be recorded in Puerto Rico;
That Defendants be ordered to reimburse plaintiffs $5,525.98 representing 1/2 of the above listed
expenses;
In the alternative, that Defendant be ordered to repay the $200,000.00 paid by Plaintiffs to
Defendant, plus 50% of the closing costs paid by Plaintiff;
That Defendants be ordered to pay Plaintiffs costs of suit.
Breach of Contract
27. Paragraphs one through 26 are incorporated herein by reference.
28. In both the agreement of sale and at settlement, defendants agreed to pay their prorata share
of expenses, including utilities and Condo fees, due up to the time of settlement.
29. After repeated demand, defendants have refused to pay their prorata share of said expenses.
30. By failing to pay said expenses, defendants have breached the oral agreement to pay said
prorata share of the expenses.
31. Defendants further agreed to execute a recordable deed to the Condo to plaintiffs.
32. After repeated demands, defendants have refused to initial the deed so that it may be
recorded.
33. In failing to reimburse plaintiff for said Condo expenses, defendants breached their
agreement with plaintiffs to do so.
WHEREFORE, Plaintiffs respectfully request the following relief:
That Defendants be ordered to initial or take any other action required so that the deed for the
Condo can be recorded in Puerto Rico;
That Defendants be ordered to reimburse plaintiffs $5,525.98 representing 1/2 of the above listed
expenses;
In the alternative, that Defendant be ordered to repay the $200,000.00 paid by Plaintiffs to
__]Zefenjnt,_p_lus_50% of the closing - paid by Plaintiff;
That Defendants be ordered to pay Plaintiffs costs of suit.
William L. Adler, Esquire
Attorney for Plaintiff
ADLER & ADLER
P.O. Box 11933
125 Locust St.
Harrisburg, PA 17108
717-234-3289
Supreme Court ID Number 39844
Wmadler@adlerandadler.net
March 4, 2008
VERIFICATION
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING PLEADING
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE
MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S.A. Section 4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
DATE
Lou Jeff Inc. by:
VERIFICATION
I, Jeffrey L. Walters, one of the Defendants herein, hereby verify that the
statements made in the preceding Preliminary Objections are true and correct to the best
of my knowledge, information and belief. I further verify that I am authorized to file
these Preliminary Objections on behalf of myself and my wife, Co-Defendant Beth Ann
Walters. 1 understand that false statements herein are made are subject to the penalties of
§ 18 Pa. C. S. A. 4904, relating to unworn falsification to authorities.
Date: (O /6 0
LOUIS J. CAPOZZI, JR. and SHELLEY
LEE CAPOZZI,
Plaintiffs
V.
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO.: 08-1461 CIVIL TERM
JEFFREY L. WALTERS and BETH ANN
WALTERS,
Defendants
CERTIFICATE OF SERVICE
I, Mark S. Silver, Esquire, of Joseph A. Klein, P.C., attorneys for Plaintiffs, do
hereby certify that on this date I served the foregoing DEFENDANTS'
PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT by placing a true
and correct copy of the same in the United States Mail, postage pre-paid, deposited at
Harrisburg, Pennsylvania, addressed to counsel for the Defendants as follows:
William L. Adler, Esquire
Adler & Adler
125 Locust Street
P.O. Box 11933
Harrisburg, Pa 17108-1933
Attorney for Defendants
JOSEPH A. KLEIN, P.C.
Date: June 6, 2008
By.
ark ver, Esquire
I.D. No. 09825
500 North Third Street, 7 h Floor
P.O. Box 1152
Harrisburg, PA 17101
(717) 233-0132
Attorney for Defendants
Jeffrey L. Walters and Beth Ann
Walters
CM0
ON
c
LOUIS J. CAPOZZI, JR. and SHELLEY
LEE CAPOZZI,
Plaintiffs
V.
JEFFREY L. WALTERS and BETH ANN
WALTERS,
Defendants
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO.: 08-1461 CIVIL TERM
PRAECIPE TO SETTLE, DISCONTINUE AND END
TO THE PROTHONOTARY:
Please mark the above-captioned matter "Settled, Discontinued and Ended" on the
Docket.
Respectfully submitted,
Date: September 15, 2008
William L. Adler, Esquire
Supreme Court I. D.: 39844
ADLER & ADLER
125 Locust Street
Harrisburg, PA 17101
Attorney for Plaintiffs
Louis J. Capozzi, Jr., and Shelley Lee
Capozzi
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