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HomeMy WebLinkAbout04-2513WILLIAM R. GRACE Plaintiff VS. JOHN E. MAY andJOANMAY, Defendants IN THE COURT OF COMMON PLEAS CUM~kk~J~NU CU~I'~, ~ENNS~LvA~WIA CIVIL ACTION - IN 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 attorney and filing in writing with the Court your defenses or objections to the claims set forth ~gainst 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 S. Bedford St. Carlisle, PA 17013 717-249-3166 800-990-9108 N O T I C I A Le hah demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las DCBA-100-Rule 4.6-4/3/81-M paginas siguientes, usted tieDe 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 pot 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 defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio gue es pedido en la peticion de demandao Usted puede perder dinero o su$ propiedades o otros derechos importances para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CI]MBERLAND COUNTY BARASSOCIATION 32 S. Bedford St. Carlisle, PA 17013 717-249-3166 800-990-9108 WILLIA2M R. GRACE : IN THE COURT OF COMMON PLEAS OF Plainfiff : CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. MAY and JOAN : MAY, : IN EQUITY Defendants : COMPLAINT IN EQUITY 1. By written Agreement dated April 29, 2003 the Defendants, John E. May and Joan May, adult individuals, who reside at 960 Beech Ave., Hershey, Dauphin County, Pennsylvania agreed to sell to Plaintiff, an adult individual residing at 1705 Edgar Lane, Camp Hill, Cumberland County, Pennsylvania, a parcel of ground they own on Hertzler Road, Upper Allen Township, Cumberland County, Pennsylvania which they acquired by Deed dated February 22, 1993 and recorded March 2, 1993 in Deed Book D, Vol. 36, page 960 and designated as Tax Parcel No. 42- 11-0272-015 for a total price of $20,000.00. 2. Relying on the Defendants' agreement to sell the property to him, Plaintiff incurred expenses for a survey and title examination of both this property and an adjoining property owned by the Newton's. 3. Plaintiff cannot buy the Newton property without purchasing the property from the Defendants as access to the Newton property is over the property Of the Defendants. 4. The Defendants had agreed both orally to extend the date of settlement accommodate the Plaintiff's purchase of both this and the Newton property. The Plaintiff has now requested the Defendants to settle on this property; refusing to sell Parcel assert that they have agreed to third party. Court order the in writing and on the property to property however, the Defendants are 42-11-0272-015 to Plaintiff and sell the property to a the Plaintiff requests that Your Honorable Defendants to sell to him for the price of $20,000.00 the tract of land on Hertzler Road, Upper Allen Township, Cumberland County, PA known as Tax parcel 42-11- 0272-015 which they acquired in Deed Book D, Vol. 36, page 960 to the Plaintiff. Dated: Edward S. Finkelstein, Esq. Attorney for Plaintiff 700 Green St. Harrisburg, PA 17102-3015 717-233-1667 Attorney ID#06869 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Dated, ~/~ ~Wi /~m~R [/G/r a~c e. WILLIAM R. GRACE Plainfiff JOHN E. MAY and JOAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN EQUITY PP4%ECIPE FOR LIS PENDENS TO THE PROTHONOTARY: Please index the above Complaint in Equity as a lis pendens against the real estate owned by the Defendants for which they obtained title as set forth in Deed Book D, Vol. 36, page March 2, 015. I hereby certify that this action affects title to other interest in the above described real property. 960 by Deed dated February 22, 1993 and recorded 1993 and further noted as Tax Parcel 42-11-0272- or Dated: Edward S. Finkelstein, Esq. Attorney for Plaintiff 700 Green St. Harrisburg, PA 17102-3015 717-233-1667 Attorney ID%06869 WILLIAM R. GRACE, Plaintiff JOHN E. MAY and JOAN MAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 04-2513 IN EQUITY ENTRY OF APPEARANCE Please enter my appearance on behalf of Defendants John E. May and Joan May in the above-captioned matter. CALDWELL & KEARNS By: Jam/*~ L. GoldsfiS~t~, Esquire A/tComey I.D. ag.7~ 5 ,'3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Respondent CERTIFICATE OF SER'!~iC~E AND NOW, this '] -i- K, ~ ~ day of _, 2004, I hereby certify that I have served a copy of the within document on the following by depositing a tree and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Edward S. Finkelstein, Esquire 700 Green Street Harrisburg, PA 17102-3015 74012 CALDWELL & KEARNS WILLIAM R. GRACE, Plaintiff V. JOHN E. MAY and JOAN MAY, Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-2513 Equity IN EQUITY &NSWER AND COUNTERCLAIM Admitted. 2. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to truthfulness to the averments of Paragraph 2 of Plaintiff's Complaint, and the same are thereby denied. 3. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to truthfulness to the averments of Paragraph 3 of Plaintiff's Complaint, and the same are thereby denied. 4. Denied in part. Defendants executed a written addendum to the Agreement of Sale in August, 2003 extending the date for settlement from August 1, 2003 to December l, 2003. On December 2, 2003 Defendants again executed a written addendum to the Agreement of Sale extending the settlement date until January 15, 2004. On February 13, 2004 Defendants further agreed to a written extension of the settlement date to April 15, 2004. There were no other Agreements. set forth. ~NEW MATTER AND COUNTERCLAIM The answers to Paragraphs I through 5 are incorporated herein as if fully 7. The Agreement of Sale provides, in pertinen! part, that time is of the essence (See Paragraph 5(A); and that: "...this Agreement will not be altered, amended, changed, or modified except in writing executed by the Parties.") (Paragraph 24(A). 8. Pla/ntiffbreached the subject Agreement of Sale by failing to settle within the time set forth in the amended Agreement. 9. The filing of the instant action by Plaintiff is an abuse of process based not on any reasonable basis of claim to title but for the purpose of causing vexation and to frustrate Defendants' sale of their property to a third party. WHEREFORE, Defendants respectfully request that judgment be entered in their favor against Plaintiff in an amount in excess of $35,000.00. Respectfully submitted, Dated~2t:l~t~ CALDWELL & KEARNS /ames L. Gol~nJfth, Esquir~ [J Attorney I.D~/.7115 3631 North Front Street Harrisburg, PA 17110 (717) 232~7661 Attorney for Respondent We · . verify that the avem~ents in/his document are Irue and CO~ect. We tmders~d ~at false s~t~en{s hereiu ~o made subject t~/he penahies of 18 Pa.C,S, 4904, relating to Unswo~ falsification to authofiti~_ C~ERTIFICATE OF SERVICE AND NOW, this/'4~' day of__~, 2004, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harr/sburg, Pennsylvania, postage prepaid, addressed to: Edward S. Finkelstein, Esquire 700 Green Street Harrisburg, PA 17102-3015 CALDWELL & KEARNS SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-02513 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GRACE WILLIAM R VS MAY JOHN E ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT MAY JOHN E but was unable to locate Him deputized the sheriff of DAUPHIN the within COMPLAINT - , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, in his bailiwick. County, EQUITY to On June 30th , 2004 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 37.25 .00 74.25 06/30/2004 i of Cumberland County EDWARD FINKELSTEIN Sworn and subscribed to before me this '7~ day of A.D. Prothonotary SHERIFF' S RETURN CASE NO: 2004-02513 p COMMONWEALTH OF PENNSYLVAi~IA: COUNTY OF CUMBERLAND GRACE WILLIAM R VS MAY JOHN E ET AL - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT MAY JOAN but was unable to locate Her deputized the sheriff of DAUPHIN serve the within COMPLAINT - , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, in his bailiwick. County, EQUITY to On June 30th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 06/30/2004 EDWARD FINKELSTEIN ~ R.~mas Kline ' /~he~ff of Cumberland County Sworn and subscribed to before me this 7~f~ day of ~ 2~ A.D. ' ' ~rotho~ot~y ! ' ~. The Court of Common Pleas of Cumberland County, Pennsylvania William R. Grace VS. John E. May et al SERVE: John E. May 04-2513 civil No. HOW, ,'lllnl:, 8, 2004 hereby deputize the Sheriff of Dauphin , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA Affidavit of Service Now~ within ,20 , at o'clock M. served the upon at by handing to a and made known to copy of the original. the contents thereof. So answers, Sworn and subscribed before me this day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT ~n The Court of Common Pleas of Cumberland County, PennsyLvania William R. Grace VS. John E. May et al SERVE: Joan May No. 04-2513 civil Now, a..o ~. 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA $ow~ within Affidavit of Service ,20 ,at o'clock M. served the llpon at by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this _ day of ,20 Sheriffof COSTS SERVICE MII,EAGE AFFIDAVIT County, PA Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:June 21, COMPLAINT IN EQUITY MAY JOHN E to DEFT'S WIFE JOAN MAY of the original 2004 : GRACE WILLIAM R vs : MAY JOAN Sheriff's Return No. 5080-T - -2004 OTHER COUNTY NO. 04-2513 at 10:32AM served the within upon by personally handing 1 true attested copy(les) COMPLAINT IN EQUITY and making known to him/her the contents thereof at 701 E CHOCOLATE AVE HERSHEY, PA 17033-0000 Sworn and subscribed to before me this 21ST day of JUNE, 2004 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Cormnission Expires Sept. 1, 2006 SO J~llswers, Sheriff of Dauphin County, Pa. ~Deput~J~heri f f Sheriff's Costs:J37.25 PD 06/21/2004 RCPT NO 195896 T FRITZ Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255~2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:June 21, COMPLAINT IN EQUITY MAY JOAN to DEFT of the original 2004 : GRACE WILLIAM R vs : MAY JOAN Sheriff's Return No. 5080-T - -2004 OTHER COUNTY NO. 04-2513 at 10:32AM served the within upon by personally handing 1 true attested copy(ies) COMPLAINT IN EQUITY and making known to him/her the contents thereof at 701 E CHOCOLATE AVE HERSHEY, PA 17033-0000 Sworn and subscribed to before me this 21ST day of JUNE, 2004 NOTARIAL SEAL MARY J:~uNE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 SO Answers, Sheriff of Dauphin County, Pa. ~eputy Sheriff Sheriff's Costs:S37.25 PD 06/21/2004 RCPT NO 195896 T FRITZ VS. In the Court of Common Pleas of Cmnberland County, Pennsylvania No. ~, 1- I 'b Civil. Prothonotary Attorney for Plaintiff No. Term, 19 ~ VS. PRAECIPE Filed 19 , Atty.