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Home My WebLink About10-5953SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OwAv J. , pri(J ' F -?F P PF n -OFFICE O _ V1 0 may'- `` ;; } 4 q( R 3 4'"1 ? 4J r.1 ? . r t,?? ?a? 2.t1 ?.. k?'?1 .:9 ! I ...? James P. Halkias vs. Davidson M. Black Case Number 2010-5953 SHERIFF'S RETURN OF SERVICE 09/20/2010 07:50 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on September 20, 2010 at 1950 hours, he served a true copy of the within Complaint to Quite Title, upon the within named defendant, to wit: Davidson M. Black, by making known unto himself personally, at 25 Penny Lane, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.94 September 22, 2010 1z;ye' Pee-z- TI B CK, DEPUTY SO ANSWERS, RbNI`V R ANDERSON, SHERIFF (c) CountySuite Sheriff. Teeosoft. Inc. ~'ILE~-Bf` F1CE Robert Radebach, Esquire CI' ~~~ ~ :(?1~'~IONUTAI`''~ 912 North River Road ~~ I a QC~ I ~ ~~ ~ (; ~.~ Halifax, PA 17032 717-896-2666 robradebachatty@aol.com CUMBERLAND COUN~~'' Attorney for Plaintiff PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES P. HALKIAS, CIVIL ACTION -LAW Plaintiff v. NO. 2010-5953 DAVIDSON M. BLACK, Defendant ACTION TO QUIET TITLE CERTIFICATE OF SERVICE AND NOW, October 14, 2010, I, Robert G. Radebach, Esquire, Attorney for Plaintiff, hereby certify that I served a copy of the Notice Pursuant to Pa.R.C.P. No. 237.1(a)(1) in the above-captioned matter upon Davidson M. Black, Defendant on October 13, 2010, by depositing the same in the United States Mail, postage prepaid and via Certificate of Mailing (see Certificate of Mailing attached hereto and hereby made a part hereof), in the post office at Harrisburg, Pennsylvania, addressed as follows: Davidson M 25 F Enol~ Black 912 North River Road Halifax, PA 17032 (717) 896-2666 I.D.# 19255 Attorney for Plaintiff Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 robradebachatty@aol.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES P. HALKIAS, v. Plaintiff CIVIL ACTION -LAW NO. 2010-5953 DAVIDSON M. BLACK, Defendant To: Davidson M. Black, Defendant Date of Notice: October 13, 2010 ACTION TO QUIET TITLE IMPORTANT NOTICE Pursuant to Pa.R.C.P. No. 237.1(a)(1) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 'Y d A E 0 o. N Go a~ ~ 7 Q o~ a ~x 0 Z ? ~_ a~ ~ a 4 0 rn 0 0 0 0 N a Q N Q 0 N a JAMES P. HALKIAS, v. DAVIDSON M. BLACK, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 10-5953 ~ ,.,, ~_~ :~ `y~ Defendant :ACTION TO QUIET TITLE NOTICE TO PLEAD TO: JAMES P. HALKIAS, Plaintiff --and-- ROBERT G. RADEBACH, ESQUIRE, his attorney ~'.~ ~~ ~ ~ --i ~ -~ , ~-... ~, cz~ ~-:~ , .~ ~ .~a c~ .- .:~ r ~ ~ ~ `~ ~;:: ~ ~-- _: You are hereby notified 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. Dated: October 28, 2010 SHUMAKER WII.LIAMS, P.C. By Ry P. Siney, I.D. 209 P. .Box 88 Harrisburg, PA 17108 (717) 763-1121 JAMES P. HALKIAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :Civil Action No. 10-5953 DAVIDSON M. BLACK, Defendant :ACTION TO QUIET TITLE DEFENDANT'S ANSWER WITH NEW MATTER AND AFFIRMATIVE DEFENSES AND NOW COMES Defendant, Davidson M. Black, by and through his counsel, Shumaker Williams, P.C., to state and aver the following Answer with New Matter and Affirmative Defenses: 1. Admitted upon information and belief. 2. Admitted. 3. Denied. The averment of paragraph 3 is a legal conclusion to which no response is required. To the extent a response is deemed to be required, the averments of paragraph 3 are denied and strict proof is demanded. 4. Denied. The averments of paragraph 4 are legal conclusions to which no response is required and/or an attempt to characterize written documents which speak for themselves. To the extent a response is deemed to be required, the averments of paragraph 4 are denied and strict proof is demanded. 5. Denied. The averments of paragraph 5 are legal conclusions to which no response is required and/or an attempt to characterize written documents which speak for themselves. To the extent a response is deemed to be required, the averments of paragraph 5 are denied and strict proof is demanded. 6. Denied in part. It is denied that Plaintiff has made "repeated requests" that Defendant surrender possession of the property. The remaining averments of paragraph 6 are legal conclusions to which no response is required. To the extent a response is deemed to be required, the remaining averments of paragraph 6 are denied and strict proof is demanded. By way of further answer, Plaintiff and Defendant have been involved in negotiations which would permit Defendant to remain in possession of the property and resolve Plaintiffs instant title claim. WHEREFORE Defendant, Davidson M. Black, respectfully requests this Honorable Court to enter judgment in his favor and against Plaintiff, James P. Halkias. NEW MATTER 7. Paragraphs 1 through 6 above are incorporated herein by reference as if set forth at length. 8. Defendant has remained in possession of the property with Plaintiff's permission during ongoing negotiations between the parties to resolve this matter. 9. Without acknowledging that Plaintiff holds title to the property, Defendant has offered to pay Plaintiff a fair and reasonable price for the property in order to resolve this matter, and Defendant has accepted such offer. 10. Plaintiff and Defendant have reached oral agreements to resolve this matter on various occasions, but Plaintiff has refused to consummate these oral agreements by reducing them to a signed writing. AFFIRMATIVE DEFENSES 11. Plaintiff s claims are barred for failure to state a cause of action upon which relief can be granted. 12. Plaintiff s claims are barred by the doctrine of laches. 13. Plaintiff s claims are barred by the doctrine of license. 2 14. Plaintiff s claims are barred by the doctrine of consent. 15. Plaintiff s claims are barred by the doctrine of estoppel. 16. Plaintiff s claims are barred by the doctrine of waiver. 17. Plaintiff s claims are barred by the doctrine of accord and satisfaction. 18. Plaintiff's claims are barred in whole or in part by the fact that the parties have reached a settlement. 19. Defendant hereby reserves the right to assert any other affirmative defenses available to it that may become apparent during the course of discovery. WHEREFORE, Defendant, Davidson M. Black, respectfully requests that this Honorable Court enter judgment in his favor and against Plaintiff, James P. Halkias. Respectively Submitted, SHUMAKER WII.LIAMS, P.C. Dated: October 28, 2010 By Ry P. Siney, I.D. #209 0 Evan C. Pappas, I.D. #200103 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Defendant. Davidson M. Black :235336 3 VERIFICATION The undersigned, Davidson M. Black, hereby verifies and states that: 1. He is the Defendant in the within action; 2. The facts set forth in the foregoing Answer and New Matter are true and correct to the best of his knowledge, information and belief; and. 3. He is aware that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. `1 /.'~i Dated: October ~~ , 2010 Davidson M. Black CERTIFICATE OF SERVICE I, Ryan P. Siney, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Defendant's Answer with New Matter and Affirmative Defenses by depositing a copy of the same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 Attorneys for Plaintiff SHUMAKER WILLIAMS, P.C. ~~~ _. Dated: October 28, 2010 By Ry P. Siney P.O. Box 88 Harrisburg, PA 17108 (717)763-1121 1 JAMES P. HALKIAS, V. DAVIDSON M. BLACK, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 10-5953 ACTION TO QUIET TITLE NOTICE OF DEATH The death of Davidson M. Black, a party to the above action, during the pendency of this action is noted upon the record. Respectfully Submitted, SHUMAKER WILLIAMS, P.C. Dated: March 18, 2011 :238690 BY I/ ?w?tZ ?g1?'? Ryao/PSiney, I.D. #20919 Evan C. Pappas, I.D. #200103 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Defendant, Davidson M. Black ^a jam, CERTIFICATE OF SERVICE I, Ryan P. Siney, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Notice of Death on this date by depositing a copy of the same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 Attorneys for Plaintiff SHUMAKER WILLIAMS, P.C. Dated: March 18, 2011 By ' Ry . Siney P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121