HomeMy WebLinkAbout10-7288
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JENNIFER BLANCHARD AND DENNIS BLANCHARD
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ~ ~ `- ~ a~b ~ 20
Civil Term
Plaintiff
DANIEL KEYS
Defiendant
NOTICE TO FEND
YOU HAVE BEEN SUED IN COURT. TF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN
TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A
WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY
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 THE TELEPHONE OR THE OFFICE
SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-8108
717-249-3166
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Sheri D. Coover, Esquire
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
(717) 960-0074 (facsimile)
1ENNIFER AND DENNIS BLANCHARD,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION AT LAW
DANIEL KEYS, Case No.: Q `. `"~ ~~ ~?.! y ~ -f ~~'^-
Defendant
COMPWNT
AND NOW, comes Plaintiffs Jennifer and Dennis Blanchard and fifes the following COMPLAINT
and in support thereof avers as follows:
i. The Plaintiffs in this action are Jennifer and Dennis Blanchard, adult married individuals
who currently reside at
2. The Defendant in this action is Daniel Keys, an adult individual who currently resides at
3535 Oid Route 30, Orrtanna, PA 17353.
3. Jurisdiction is proper in this Court as the cause of action is regarding a contract dispute
which arose in Cumberland County, Pennsyvania.
4. Venue is proper in this Court as the dispute arises out of the alleged sale of property
located in Cumberland County and the damages incurred by the Plaintiffs as the result of the actions of
the Defendant occurred in Cumberland County, Pennsylvania.
5. Defendant is the former owner of a piece of property and improvements located at 9
Hill Street, Mt. Holly Springs, Pennsylvania which he purchased for $95,000.00.
6. On or around February 2008, Plaintiffs entered into an agreement with the Defendant
regarding the rental and proposal to purchase a property located at 9 Hill Street, Mount Holly Springs,
Pennsylvania.
7. At that time, Plaintiffs entered into a verbal agreement with the Defendants whereby
the Blanchards would pay the Defendant $700.00 in rent toward the property and $200.00 a month
toward the purchase of the property.
8. According to the verbal agreement, Defendant was agreeable to transfer ownership of
the property to the Plaintiffs at an undetermined time in the future after the Plaintiffs monthly
payments of $200.00 to the Defendant was equal to the fair market value of the home.
9. Based upon reliance of the agreement that they would in the future be the owners of
the property, Plaintiffs paid the following expenses and or improvements to the property:
a. Materials for improvements to the property ..............................................$2,560.78
b. Stone for Driveway ...........................................................................................$1,453.10
c. Fencing ...............................................................................................................$1,275.00
d. Tree removal .....................................................................................................$1,250.00
e. Concrete pad still at property) .......................................................................$581.94
f. Fuel oil (tank still ~ full) ...................................................................................$200.00
g. Roofing mat ........................................................................................................$194.21
h. Labor receipts for improvements to property .............................................$8,860.00
i. Taxes for property ............................................................................................$4,707.68
10. On or around July 22, 2010, Defendant called the Plaintiffs and expressed that he
wanted to have the property appraised because'"hQbelieved thafifierpaid too much in property taxes for
the property.
11. On or around July 23, 2010, a representative from Hooke, Hooke and Eckman came to
the home and performed an appraisal of the property which assessed the value of the home to be
$139.000.00.
12. The appraisal of the home was drastically increased by the improvements which the
Plaintiffs made to the property as listed above.
13. On or around July 27, 2010, Defendant advised Plaintiff Jennifer Blanchard that he
wanted to retire and sell all of his properties.
14. On that same date, Plaintiff Jennifer Blanchard was informed by an auctioneer that the
Defendant had signed a contract with them for an absolute auction of the property.
15. On or around July 28, 2010, Plaintiff Jennifer Blanchard called the Defendant and
expressed her concerns regarding the Defendant's sale of the property.
16. At that time, Defendant assured Plaintiff Jennifer Blanchard that he did not want to
"screw" her and her husband.
17. Plaintiff Jennifer Blanchard told Defendant that she wanted to meet with him prior to
the auction to enter into a written agreement as to reimbursement to the Plaintiffs for the renovations
they had made to the property and the monies that the Plaintiffs had paid to the Defendant toward the
purchase of the property.
18. Defendant told the Plaintiff Jennifer Blanchard to send him receipts for the payment of
taxes and improvements to the property and expenses incurred to the Plaintiffs in regards to the
property and that they "would go from there:'
19. Plaintiff Jennifer Blanchard tried to get the Defendant to agree to a time to sit down to
discuss the expenses the Defendant had put into the property, but the Defendant said that he was in a
hurry and refused to set a time to meet with the Plaintiffs.
20. On or around August 5, 2010, Plaintiff Jennifer Blanchard copied all of the receipts for
materials that her and her husband had paid toward improvements for the property, as well as receipts
for spring and fall taxes and forwarded them to the Defendant.
21. On or around August 14, 2010, Defendant Jennifer Blanchard called the Defendant to
set up a time to discuss the receipts that she gave him.
22. At that time, Plaintiff requested that Defendant Jennifer Blanchard send him copies of
all payments that her and her husband had made toward the rental and the purchase of the property
since they moved in.
23. Plaintiff Jennifer Blanchard expressed to Defendant that she felt that he was stalling, but
she nevertheless copied these documents and forwarded them to the Defendant.
24. Plaintiff Jennifer Blanchard made several attempts to attempt to resolve this matter
with the Defendant but was not successful in either getting him to sit down with her to discuss the
matter or otherwise respond to her requests for reimbursement.
25. Since moving into the property, Plaintiffs made improvements or payments toward the
property of over $21,082.71 based upon their oral agreement with Mr. Keys to purchase the property,
which improvements and expenses are broken down as follows:
a. Materials for improvements to the property ..............................................$2,560.78
b. Stone for Driveway ...........................................................................................$1,453.10
c. Fencing ...............................................................................................................$1,275.00
d. Tree removal .....................................................................................................$1,250.00
e. Concrete pad(still at property) .......................................................................$581.94
f. Fuel oil (tank still 3: full) ...................................................................................$200.00
g. Roofing mat ........................................................................................................$194.21
h. Labor receipts for improvements to property .............................................$8,860.00
i. Taxes for property ............................................................................................$4,707.68
26. Since moving into the property, Plaintiffs had paid the Defendant $5,400.00 toward the
purchase of the property.
27. The Plaintiffs basis for their belief that they had an agreement with the Defendant for
the purchase of the property was reasonable based upon the oral agreement that they entered into
with the Defendant and receipts and letters from the Defendant to the Plaintiffs in which the Defendant
referred to his arrangement with the Plaintiffs for payment of the property as a "mortgage."
28. The Plaintiffs were forced to move from the property that they had believed that they
would one day own due to the Defendant's sale of the property at auction.
29. Despite having been sent several notices by the Plaintiffs of their interest in the
property, the Defendant pursued the sale of the property at auction.
30. Plaintiffs made the Defendant aware through both oral and written communication that
they held an interest in the property that was wrongfully being sold by the Defendant.
31. Despite the notices advanced by the Plaintiffs, Defendant sold the property at the
auction to a third party.
32. Upon information and belief, the property sold for a higher amount at auction than it
would have otherwise based upon the improvements made to the property by the Plaintiffs.
33. Plaintiffs have been unsuccessful in getting reimbursement for the monies they invested
into the property.
34. Plaintiffs have been unsuccessful in getting the Defendant to agree to a reimbursement
for the monies they invested into the property.
COUNT ONE - BREACH Of CONTRACT
35. Plaintiffs incorporate paragraphs 1 through 34 above in their entirety.
36. Plaintiffs entered into a valid oral contract with the Defendant whereby they agreed to
make improvements to the property in exchange for the Defendant entering into an agreement of sale
of the property to them.
37. Defendant breached this agreement by selling the property to a third party despite the
oral contract that he entered into with the Plaintiffs.
38. As a result of this breach, the Plaintiffs suffered damages in the amount of $21,082.71
they spent toward the improvement of the property and the payment of taxes toward the property.
39. The Plaintiffs were also damaged as a result of $5,400.00 that they paid the Defendant
toward the purchase of the property.
WHEREFORE, Plaintiffs respectfully request that this Court find judgment for them and against
Defendant in the amount of $26,482.71.
COUNT TWO -DETRIMENTAL RELIANCE
40. Plaintiffs incorporate paragraphs 1 through 39 above in their entirety.
41. Plaintifh entered into a valid oral contract with the Defendant for the purchase of the
property located at 9 Hill Street, Mt. Holly Springs.
42. As a result of their reliance upon this oral contract, Plaintiffs made payments of
$21,082.71 in improvements and payment of taxes toward the property.
43. As a result of their reliance upon this oral contract, Plaintiffs made payments of
$5,400.00 toward the purchase of the property.
44. As a result of the Defendant's sale of the property, Plaintiff has been damaged in the
amount of $26,482.71 which represents the improvements and payment of taxes and payment to the
Defendant for the purchase of the property.
45. The Plaintiffs would not have expended the $26,482.71 toward the improvements to
the property, payment of taxes and payment toward the purchase of the property if not for their
reliance upon their agreement with the Defendant for the sale of the property.
46. The reliance by the Plaintiffs was reasonable based upon assertions made by the
Defendant that he intended to sell the property to the Plaintiffs and his representations to them that he
viewed himself as holding a mortgage to the property for them.
WHEREFORE, Plaintiffs respectfully request that this Court find judgment for them and against
Defendant in the amount of $26,482.71.
47. Plaintiffs incorporates paragraphs 1 through 46 above in their entirety.
48. In reliance upon their agreement to purchase the property at 9 Hill Street, Mt. Holly
Springs, Pennsylvania from the Defendant, the Plaintiffs purchased materials toward the improvement
of the property for $2,560.78, driveway stones for $1,453.10, fencing for $1,275.00, a concrete pad for
$581.94, fuel for $200.00 and a roofing mat for $194.21.
49. The Plaintiffs made the Defendant aware of their claim that this property was purchased
by them and that they were the rightful owners of this property on several occasions prior to the
Defendant's wrongful sale of the property.
50. Despite the notices of the Plaintiffs' claims to ownership of this property, Defendant
sold the property located at 9 Hill Street, Mt. Holly Springs, Pennsylvania.
51. The Defendant's sale of the 9 Hill Street, Mt. Holly Springs, Pennsylvania property
included the property that rightfully belonged to the Plaintiffs.
52. As a result of the Defendant's wrongful sale of the Plaintiffs' property, the Plaintiffs have
been damaged in the amount of $6,265.03.
WHEREFORE, Plaintiffs respectfully request that this Court find judgment for them and against
the Defendant in the amount of $6,265.03.
submitted,
Coover, Esquire
~ ID 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
(717) 960-0074 (facisimile)
Sheri D. Coover, Esquire
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
(717) 960-0074 (facsimile)
JENNIFER AND DENNIS BLANCHARD,
Plaintiff
v.
DANIEL KEYS,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION AT LAW
Case No.:
I, Dennis Blanchard, hereby verify that I have reviewed the facts contained in the foregoing
COMPLAINT and aver that they are true and correct to the best of my knowledge, information and
belief. I understand that I may be liable both civil and criminally under Pennsylvania and federal law
for any false statements contained therein.
Dennis Blanchard
11-1-ZV~ ~
Date
VERIHCATION
I, Jennifer Blanchard, hereby verify that I have reviewed the facts rnntained in the foregoing
COMPLAINT and aver that they are true and correct to the best of my knowledge, information and
belief. i understand that i may be liable both civilly and criminally under Pennsylvania and federal law
for any false statements contained therein.
t~_i -Zo rc~
Date
SHERIFF'S OFFICE OF CUMBERLA D COUNTY
?
Ronny R Anderson ?
CEp-UFF'1C
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Sheriff
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Jody S J
Chief Deputy "
Richard W Stewart
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Solicitor
Jennifer and Dennis Blanchard Case Number
vs. 2010-7288
Daniel Keys
SHERIFF'S RETURN OF SERVICE
11/22/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Daniel Keys, but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of Adams County, PA to serve the within Complaint and
Notice according to law.
11/29/2010 06:52 PM - Adams County Return: And now November 29, 2010 at 1852 hours I, James W. Muller,
Sheriff of Adams County, Pennsylvania, do herby certify and return that I served a true copy of the within
Complaint and Notice, upon the within named defendant, to wit: Daniel Keys by making known unto
himself personally, at 3535 Old Route 30, Ortanna, Pennsylvania 17353 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $37.44
December 06, 2010
SO ANSWERS,
RONK R ANDERSON, SHERIFF
YORKTOWNE BUSINESS FORMS. INC. • PH. (717) 845-5955 • FAX (717) 848-8936
DATE RECEIVED
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTYSBURG, PA 17325
DATE PROCESSED
INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY
SHERIFF SERVICE THE SHERIFF" on the reverse of the last (No. 5) copy of this form. Please
PROCESS RECEIPT, and AFFIDAVIT OF RETURN type or, aprint legibly, insuring rsadaWlity of all copies.
Do not detach any copies. ACSO ENV.#
1. PLAINTIFFS/ 2. COURT NUMBER
JENNIFER BLANCHARD and DENNIS BLANCHARD 2010-7288
3. DEFENDANTS/ 4. TYPE OF WRIT OR COMPLAINT:
URVE
10
AT
5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD.
Daniel Keys
8. ADDRESS (SVW or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE)
3535 Old Route 30, Orrtanna, PA
7. INDICATE UNUSUAL SERVICE: ? PERSONAL ? PERSON IN CHARGE ? DEPUTIZE ? CERT. MAIL ? REGISTERED MAIL ? POSTED O OTHER
Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of
County to execute this Writ and make return therof according to law. This deputation being
made at the request and risk of the plaintiff.
SHERIFF OF ADAMS COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE.
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under within writ may leave
same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to
any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof.
9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE
Sheri D. Coover, Esq. X PLAINTIFF (717) 960-0075
? DEFENDANT
PA E BELOW FOR USE F SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
12. 1 acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Tittle 13. Date Received 14. Expiration / Hearing date
or complaint as indicated above. 11/23/2010
15. 1 hereby CERTIFY and RETURN that I K have personally served, ? have served person in charge, ? have legal evidence of service as shown in "Remarks" (on reverse)
? have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the
individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY therof.
18. ? 1 hereby certify and return a NOT FOUND because 1 am. unable to locate the individual, company, corporation, etc., named above. (See remarks below)
17. Name and title of individual served 19. A person of sultebleags and discretion Read Order
Daniel Keys then rssidiny in the detendeM's usual
pace of .Dods. ? ?
19. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., 20. Date of Service 21. Time
State and ZIP CODE)
11/29/10 1 6:52PM
22. ATTEMPTS Dab MINe Dep.Int. Dab MINa Dep.lnt. Data MNee aInt. Data Miles p• Dep.lnt. Data- Mlles Dep.lnt.
23. Advance Costs 24. 25. 28. 27. Total Costs 28XdW)MU REFUND
$'OD 32.04 Pd. 12/1/10 1$117.96 Ck. #25300
SO ANSWER.
AFFIRMED and subscribed to before me this N A-lp
00,
( 9lterilf) (Please Print or Type) Date
day of Maserner -c?.?.laYlD
SOVAM of W. MULLER 11/29/2010
ProdowlarWDepuVNotery Public JAMES
SHERIFF OF ADAMS COUNTY
I ACKNOWLEDGE RECEIPT OF THE SIfE W*$ RETURN
33000026
S FE'S MURN OF SE VICE
( ) (1) The within
upon , the within named
defendant by mailing to
by mad, return receipt requested, postage
prepaid, on the
a true and attested copy thereof at
The return receipt signed by
defendant on the is hereto attached and
made a part of this return.
( ) ( 2 ) Outside the Commonwealth, pursuant to Pa. R.C.P. 405 (c) (1) (2), by mailing a true
and attested copy thereof at
in the following manner:
( ) (a) to the defendant by ( ) registered ( ) certified mail, return receipt requested,
postage prepaid, addressee only on the
said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities
that Defendant refused to accept the same. The returned receipt and envelope is attached hereto
and made apart of this return.
And thereafter:
( ) (b) To the defendant by ordinary mail addressed to defendant at sane address, with the return
address of the Sheriff appearing thereon, on the
I further certify that after fifteen (1'6) days from the msiiing,.date, I have not received
said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a
proof of mailing.
( ) (3) By publication in the Adams County Legal Journal, a weekly publication of general circulation in
the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily
newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general
circulation in said County for
successive weeks of
The Affidavits
from said Adams County Legal Journal and Gettysburg Times, are, hereto attached and made
part of this return.
( ) (4) By mailing to
by mail, return receipt requested, postage prepaid,
on the
a true and attested copy thereof at
The returned by the Postal
Authorities marked
is hereto attached.
( ) ( 5 ) Other
1 a,
11
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JENNIFER BLANC
DENNIS BLANCH
V. No. 10-7288
DANIEL KEYS
yy
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CUMBER1
ARD PLEAS OF CUMBERLAND
HARD AND IN THE COURT OF COMMON
TO: JENNIFER BLANCHARD AND
DENNIS BLANCHARD
c/o SHERI D. COOVER, ESQUIRE
44 SOUTH HANOVER STREET
CARLISLE, PA 17013
You are hereby notified to file a written response to the enclosed new matter
within 20 days from service hereof or a judgment may be entered against you.
obert L. M aide
Attorney for Defendant
18 Carlisle Street, Suite 208
Gettysburg, PA 17325
(717) 337-1360
ID #21606
Plaintiffs COUNTY, PENNSYLVANIA
Defendant Civil Term
1 ,.
JENNIFER BLANCHARD AND
DENNIS BLANCHARD
Plaintiffs
V. ,
DANIEL KEYS ,
Defendant
f f
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
No. 10-7288
Civil Term
ANSWER WITH NEW MATTER
AND NOW, comes the Defendant, Daniel Keys, by and through his attorneys,
McQuaide Law Office, who files the following Answer with New Matter to Plaintiffs'
Complaint:
1. Admitted.
2. Admitted.
3. Admitted in part. Denied in part. It is admitted that the Court of Common
Pleas of Cumberland County, Pennsylvania, has subject matter jurisdiction over this case.
It is denied that this is a "contract dispute" for the reasons set forth herein below.
4. Admitted in part. Denied in part. It is admitted that venue is proper in this
court. The balance of the averments of Paragraph 4 are denied for the reasons set forth
herein below.
5. Admitted.
6. Admitted. By way of explanation, the parties orally agreed that Plaintiffs
would rent 9 Hill Street, Mt. Holly Springs, Pennsylvania (the "Premises") and that
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Plaintiffs would then have an option to enter into a written installment purchase
agreement.
7. Admitted in part. Denied in part. It is admitted that Plaintiffs entered into
an oral agreement with Defendant to lease the Premises with an option to enter into a
written agreement to purchase the Premises on an installment basis. The terms of the oral
agreement were: Plaintiffs would pay all real estate taxes, all sewer and water charges,
and $700 per month; Plaintiffs were given Tenant's possession of the Premises; and if
and when Plaintiffs exercised their option and entered into a written installment purchase
agreement, Plaintiffs would receive credit toward the purchase price equal to $200 times
the number of monthly payments of $700 which were actually made; and the purchase
price for the Premises was to be $130,000.
8. Denied. The oral agreement between the parties was as stated in
paragraph 7 of this Answer. The Plaintiffs were only entitled to purchase the property if
and when they elected to do so and when they entered into a written installment sales
agreement on the terms set forth in paragraph 7 of this Answer.
9. Denied. After reasonable investigation the Defendant is without
knowledge or information sufficient to form a belief as to the truth of the averments set
forth in Paragraph 9 of the Complaint.
10. Denied. Although Defendant did express his opinion to Plaintiffs that the
new tax assessment for the premises was too high, Defendant did not request Plaintiffs to
secure an appraisal of the property.
11. Denied. After reasonable investigation the Defendant is without
knowledge or information sufficient to form a belief as to the truth of the averments set
forth in Paragraph 11 of the Complaint.
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12. Denied. After reasonable investigation the Defendant is without
knowledge or information sufficient to form a belief as to the truth of the averments set
forth in Paragraph 12 of the Complaint.
13. Denied. The averments of Paragraph 13 of the Complaint are evidentiary
in nature and do not require a responsive pleading. To the extent that a response is
necessary, Defendant did not intend to retire, he has not retired, and he has not sold all of
his properties.
14. Denied. After reasonable investigation the Defendant is without
knowledge or information sufficient to form a belief as to the truth of the averments set
forth in Paragraph 14 of the Complaint.
15. Admitted in part. Denied in part. It is admitted that at some point
Plaintiff expressed her concerns about the upcoming auction. The primary concern she
expressed was the garage. Defendant told Plaintiffs they could stay as tenants, and if
they left they could take the garage with them.
16. Denied. By way of further answer see answer to Paragraph 15 which is
incorporated herein.
17. Denied. The averments of Paragraph 17 are evidentiary in nature and do
not require a responsive pleading. To the extent that a response is necessary, Plaintiffs
did contact Defendant and made unwarranted claims similar to those set forth in the
Complaint.
18. Admitted in part. Denied in part. It is admitted that Defendant asked
Plaintiffs to submit documentation to support any valid claim they believe they had. It is
denied that Defendant has communicated to Plaintiffs that Plaintiffs had such a valid
claim.
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19. Denied. The averments of Paragraph 19 are evidentiary in nature and do
not require a responsive pleading. To the extent that a response is necessary, Defendant
refused to meet with Plaintiffs since he knew that the claims made by them were
unwarranted.
20. Admitted in part. Denied in part. It is admitted that Plaintiffs provided to
Defendant certain copies of receipts for claimed out-of-pocket expenses. It is denied that
those receipts are true and accurate or that they are for materials which were incorporated
into the Premises or that even if any of those materials may have been incorporated into
the Premises that such incorporation constituted an improvement of the Premises which
increased the value.
21. Admitted.
22. Denied. Defendant is not certain what Plaintiffs are attempting to allege
in Paragraph 22.
23. Admitted in part. Denied in part. It is admitted that Plaintiff submitted to
Defendant some copies of documents. It is denied that Defendant was "stalling".
24. Denied. By way of explanation, correspondence occurred between
counsel for the respective parties. Any claim made by the Plaintiffs was rejected for the
reason that the claim was not sustained by the law or the facts.
25. Denied. After reasonable investigation the Defendant is without
knowledge or information sufficient to form a belief as to the truth of the averments set
forth in Paragraph 25 of the Complaint, including all of its subparts.
26. Denied. Plaintiffs never entered into an agreement with Defendant for the
purchase of the Premises. All payments made by Plaintiffs to Defendant were either to
purchase personal property, or to pay for the monthly rental, or to reimburse Defendant
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for payments he was required to make to pay for Plaintiffs' delinquent water and sewer
accounts.
27. Denied. Plaintiffs never had an agreement with Defendant for the
purchase of the Premises. On the contrary, Plaintiffs specifically rejected entering into a
written agreement with Defendant for the purchase of the Premises. Rather, Plaintiffs
elected to continue to rent the Premises.
28. Denied. Plaintiffs were not either directly or constructively evicted from
the Premises. On the contrary, Defendant invited Plaintiffs to continue to lease the
Premises. Defendant intended to auction the Premises subject to the rights of the
Plaintiffs as tenants of the Premises, and Defendant so notified the Plaintiffs prior to the
Plaintiffs vacating the Premises.
29. Admitted in part. Denied in part. It is admitted that the Defendant offered
the Premises for auction and conveyed the Premises to the highest bidder at the auction.
It is denied that Plaintiffs had any "interest in the property" other than as tenants, which
interest they forfeited and waived when they elected to end the tenancy and vacate the
Premises.
30. Denied. See the answer to Paragraph 29 which is incorporated herein.
31. Denied. See the answer to Paragraph 29 which is incorporated herein.
32. Denied. The Premises were sold at auction, as is, to the highest bidder for
the purchase price of $84,500. The purchase price is less than what the Defendant paid to
purchase the Premises in 2006. See New Matter for further answer.
33. Admitted. By way of explanation, Defendant has refused to pay Plaintiffs
since Plaintiffs have made no improvement of any significant value to the Premises and
Plaintiffs vacated the Premises while still owing rent to Defendant.
34. Denied. See answer to Paragraph 33 which is incorporated herein.
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COUNT ONE - BREACH OF CONTRACT
35. Admitted in part. Denied in part. The averments of Paragraph 35 of the
Complaint are either admitted or denied in the same manner as the answers which are set
forth for Paragraphs 1 through 34, which are incorporated herein.
36. Denied. The only oral contract entered into between Plaintiffs and
Defendant is set forth in answer to Paragraph 7, which answer is incorporated herein and
in Paragraph 53 of the New Matter, which is also incorporated herein.
37. Denied. Plaintiffs elected not to purchase the Premises, as set forth in
other answers to the Complaint as well as in New Matter, all of which are incorporated
herein. In addition, the claim for damages made by Plaintiffs is barred by the provisions
of the Statute of Frauds, as set forth in New Matter which is incorporated herein.
38. Denied. See answer to Paragraph 37, which answer is incorporated herein.
39. Denied. All payments made to the Defendant by the Plaintiffs were either
for rent, the purchase of personal property, or the reimbursement of Defendant for his
out-of-pocket expenses in paying the delinquent water and sewer charges of the
Plaintiffs.
WHEREFORE, Defendant demands judgment against the Plaintiffs, and each of
them, together with costs of this suit.
COUNT TWO - DETRIMENTAL RELIANCE
40. Admitted in part. Denied in part. The averments of Paragraph 40 of the
Complaint are either admitted or denied in the same manner as the answers which are set
forth for Paragraphs 1 through 39, which are incorporated herein.
41. Denied. Plaintiffs elected not to enter into a written agreement of sale for
the purchase of the Premises, but rather elected to rent the Premises. The only
agreement, oral or otherwise, entered into between the Plaintiffs and Defendant
7
r r
concerning the Premises is as set forth in answer to Paragraph 7, which answer is
incorporated herein and in Paragraph 53 of the New Matter which is incorporated herein.
42. Denied. There was no such contract between the Plaintiffs and the
Defendant. There could be no reasonable reliance by the Plaintiffs that any
improvements they made to the Premises would be for their long term enjoyment. Any
improvements that the Plaintiffs made to the Premises, which improvements the
Defendant denies, did not increase the value of the Premises and did not enrich the
Defendant in any manner. The Plaintiffs could have continued to live in the Premises as
tenants, and thereby enjoy whatever improvements they claimed to have made, however,
they chose unilaterally to vacate the Premises and terminate their leasehold relationship.
43. Denied. See answer to Paragraph 42 which is incorporated herein.
44. Denied. See answer to Paragraph 42 which is incorporated herein.
45. Denied. See answer to Paragraph 42 which is incorporated herein.
46. Denied. See answer to Paragraph 42 which is incorporated herein.
WHEREFORE, Defendant demands judgment against the Plaintiffs, and each of
them, together with costs of this suit.
COUNT THREE - CONVERSION
47. Admitted in part. Denied in part. The averments of Paragraph 47 of the
Complaint are either admitted or denied in the same manner as the answers which are set
forth for Paragraphs 1 through 46, which are incorporated herein.
48. Denied. After reasonable investigation the Defendant is without
knowledge or information sufficient to form a belief as to the truth of the averments set
forth in Paragraph 48 of the Complaint.
8
r
49. Denied. Defendant is unable to adequately respond to this paragraph
because "this property" referred to in the averments of Paragraph 49 is not defined in the
paragraph. If Plaintiffs are claiming that the materials enumerated in Paragraph 48
constitutes "this property" referred to in Paragraph 49, then, Defendant responds that
those items were incorporated into the real estate and made a part thereof.
50. Admitted in part. Denied in part. It is admitted that Defendant sold the
Premises. It is denied that Plaintiffs had any claim to ownership of either the Premises or
any of its constituent parts.
51. Denied. See answer to Paragraph 50 which is incorporated herein.
52. Denied. See answer to Paragraph 50 which is incorporated herein.
WHEREFORE, Defendant demands judgment against the Plaintiffs, and each of
them, together with costs of this suit.
NEW MATTER
53. On or about February, 2008, the parties entered into an oral agreement for
the lease purchase of the property known as 9 Hill Street, Mt. Holly Springs,
Pennsylvania, (the "Premises") subject to the following terms:
(A) Plaintiffs would pay all real estate taxes when due, all sewer and water
charges when due, and $700 per month rent.
(B) Plaintiffs were given Tenant's possession of the Premises; and
(C) Plaintiffs would have the option to enter into a written agreement for the
purchase of the Premises at the purchase price of $130,000 to be paid in
installments, at which time Plaintiffs would be given credit of $200 per
each monthly payment of $700 already made at that time.
9
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54. On or about March, 2009, Defendant caused a written installment land
agreement to be prepared. The installment land agreement was based on the discussions
between the parties which resulted in Defendant's understanding that the Plaintiffs did in
fact want to exercise the option to purchase the Premises. A copy of the Installment Land
Agreement is marked Exhibit "A" and attached hereto.
55. On or about March, 2009, the Installment Land Agreement was presented
by Defendant to Plaintiffs who declined to enter into the Agreement.
56. At the same time and place the parties agreed orally that Plaintiffs would
thereafter continue to rent the Premises, on a month to month basis, with the rent
continuing to be $700 per month, plus sewer and water charges, plus real estate taxes.
57. If there ever was an agreement between the parties for the sale and
purchase of the Premises, which agreement Defendant expressly denies, then Plaintiffs
breached the agreement by failure to make timely payments of the sewer and water
charges; and by failure to make timely payments of the real estate taxes; and by failure to
make timely payments of the monthly installments.
58. If Plaintiffs made any valuable improvements to the Premises, which
improvements Defendant expressly denies, they were not made by Plaintiffs in
reasonable reliance that they would be reimbursed for the reason that: Plaintiffs, as
aforesaid, breached whatever agreement existed between the parties; Plaintiffs refused to
exercise their option to enter into a written agreement for the installment purchase of the
Premises; and Plaintiffs were merely month to month tenants of the Premises.
59. Much of the work performed on the Premises by Plaintiffs was in the form
of repairs or maintenance, which did not increase the value of the Premises.
60. Plaintiffs did install a new garage on the Premises. However, Plaintiffs
removed the garage from the Premises when they vacated the Premises.
10
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61. Any improvements that Plaintiffs made, or caused to be made to the
Premises, over the course of their rental of the Premises, resulted in no increase in value
to the Premises.
62. The Defendant purchased the Premises on or about March 30, 2006, at
which time he paid a purchase price of $95,000.
63. On September 9, 2010, the Premises were exposed to a public auction,
offered "as is", and knocked down to the highest bidder at $84,500. Settlement occurred
on October 22, 2010, at which time Defendant conveyed the Premises by deed in
exchange for the consideration of $84,500.
64. Defendant did not terminate the Plaintiffs' lease. Rather, the Plaintiffs
unilaterally elected to terminate the month to month lease, without cause or justification.
The Plaintiffs were not evicted from the Premises, constructively or otherwise.
65. The claim for damages made by Plaintiffs is barred by the provisions of
the Statute of Frauds, 33 P. S. §1.
WHEREFORE, Defendant demands judgment against the Plaintiffs, and each of
them, together with costs of suit.
Dated: ? rV0 / Q
Respectfully submitted
Ro ert L. McQuaide
Attorney for Defendant
18 Carlisle Street
Suite 204
Gettysburg, PA 17325
(717) 337-1360
ID #21606
11
VERIFICATION
The undersigned verifies that the facts contained in the foregoing Answer with
New Matter are true and correct. The undersigned understands that false statements
herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn
falsification to authorities.
Daniel Keys
Dated: P D
JENNIFER BLANCHARD AND
DENNIS BLANCHARD
Plaintiffs
V.
DANIEL KEYS
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
No. 10-7288
Civil Term
CERTIFICATE OF SERVICE
I hereby certify that on the 20th day of December, 2010, I served a
copy of the Answer with New Matter upon the person(s) and in the
manner indicated below:
FIRST CLASS MAIL. POSTAGE PREPAID TO
Sheri D. Coover, Esquire
Attorney for Plaintiffs
44 South Hanover Street
Carlisle, PA 17013
By /Robert L. McQuai
Attorney for Defendant
Suite 204
18 Carlisle Street
Gettysburg, PA 17325
(717) 337-1360
ID 21606
?x ??
INSTALLMENT LAND AGREEMENT
THIS INSTALLMENT LAND AGREEMENT made and entered into as of the
2"d day of MARCH, 2009, by and between DANIEL I. KEYS, of 3535 Old Route 30,
Orrtanna, Adams County, Pennsylvania, (Seller) - A N D - DENNIS H. BLANCHARD,
of 9 Hill Street, Mt. Holly Springs, Pennsylvania, (Purchaser).
WITNESSETH:
NOW, THEREFORE, in consideration of the premises and the mutual covenants
and agreements herein contained the parties hereto, intending to be legally bound thereby,
agree as follows:
Property to be Sold
1. Purchaser agrees to buy and Seller agrees to sell and convey for the sum
hereinafter stated and pursuant to the terms and conditions set forth herein, all that tract of
land, with improvements, thereon, together with all appurtenances, rights, easements,
rights-of-way, tenements and hereditaments incident thereto, said land situate in Mt.
Holly Springs, Cumberland County, Pennsylvania, as more particularly described in a
Deed recorded in Record Book 274 at page 518, et seq., as recorded in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania, and attached as Exhibit "A",
with a street address of 9 Hill Street, Mt. Holly Springs, Pennsylvania.
The conveying of the said real estate shall include all and singular, the mineral
rights, oil and gas rights, water rights, buildings, improvements, easements, and
appurtenances and all the reversions, remainders, tenements, and hereditaments relating
to said real estate.
2. The total purchase price for the real estate shall be One Hundred Thirty
Thousand Dollars ($130,000.00), which shall be paid as follows:
EXHIBIT "A"
A. Two Thousand Four Hundred Dollars ($2,400.00) down, receipt whereof
is hereby acknowledged by Seller.
B. The balance of One Hundred Twenty-Seven Thousand Six Hundred
Dollars ($127,600.00) shall be paid as follows:
The sum of Seven Hundred Seventy-Nine Dollars and Forty-Two Cents ($779.42)
on the 1 st day of April, 2009, on account of principal and interest at the rate of six percent
(6%) per annum and the sum of $779.42 on the 1st day of each month thereafter on
account of principal and interest at the rate of six percent (6%) per annum for a period of
thirty (30) years, at which time the balance of principal together with accrued and unpaid
interest, shall be due and payable in full.
A penalty of ten percent (10%) shall be added to any payment which is more than
eight (8) days past the due date.
C. Provided that the Purchaser is not in default under any of the covenants,
conditions or terms of this agreement, Purchaser shall have the privilege to prepay the
whole or part of the indebtedness without penalty at any time from the date hereof.
Payment shall be made as Seller shall direct in a writing signed by Seller.
Condition of Premises
3. The Purchaser acknowledges that he has had reasonable and sufficient
opportunity to inspect the premises and all improvements located thereon, or will cause
inspections to be made. It is acknowledged and understood that Seller makes no
representations or warranties, express or implied, concerning the condition of the
premises or any improvements thereon. The premises and all improvements are to be
conveyed "as is".
2
The risk that the development or use of the property may be restricted by federal,
state or local law, or that improvements on the property require repair or replacement
before they can be used for their intended purposes, or that insect infestation, radon gas,
and other environmental issues may affect the use or development of the property is, in
each instance, assumed by Purchaser. Purchaser agrees that he is not relying on the
statements of Seller, but rather Purchaser is relying solely upon his own inspections, and
the inspections which may be made by others.
Pursuant to the provisions of the Real Estate Seller Disclosure Law, 68 Pa. C.S.
§7301 et seq., the Seller has delivered a Seller's Property Disclosure Statement completed
to the best of Seller's knowledge, information and belief. Purchaser agrees that he is not
relying on the statements of Seller, but rather Purchaser is relying solely upon his own
inspections, and the inspections which may be made by others.
Personal Property
4. The premises to be conveyed includes the following personal property
conveyed "as is": All personal property on the premises.
Title and Deliverv of Deed
5. Upon payment of the purchase price set forth above, and in the event that
Purchaser is not in default, Seller shall deliver to Purchaser a good and sufficient deed of
conveyance in fee simple containing a special warranty. The title to the premises shall be
good and marketable and such that will be insured by a reputable title insurance company
at regular rates except that title shall be subject to all easements visible upon inspection
and easements for roads and utilities.
Insurance
6. Upon the execution of this Agreement, Purchaser shall obtain and carry
fire and casualty insurance on the premises with some good, reliable and approved
3
insurance company in the minimum of $130,000.00 or the maximum amount of insurance
obtainable, whichever is less, and all premiums and assessments for said fire insurance
shall be paid by Purchaser, said insurance policy to contain a clause protecting the
Seller's interest as it may appear. The Purchaser shall also obtain and carry general
liability insurance for the subject premises in favor of the Seller which shall afford
protection to the limit of $500,000.00 in respect to injury or death to a single person and
to the limit of $1,000,000.00 in respect of any one accident.
Maintenance and Repairs
7. Purchaser shall make all reasonable and necessary repairs to improvements
on the premises. Until all payments due Seller as provided in Paragraph 2 hereof have
been made, Purchaser shall not cause or permit waste of the premises. To this end, Seller
shall have the right to inspect the property at any reasonable time, upon at least 24 hours
advance notice to Purchaser.
Possession
8. Upon execution of this Agreement, Seller will deliver absolute and
unrestricted possession of the premises to Purchaser.
9. Purchaser, as equitable owner of the premises, shall assume all burdens
and liabilities of ownership created, arising, and accruing from the date of this
Agreement, including but not limited to, maintenance, sewer and water service, utilities,
assessments and taxes with respect to the premises. Purchaser shall provide written proof
of prompt payment of real estate taxes as they come due.
Transfer Taxes
10.. Seller and Purchaser shall each pay one-half of any and all documentary
transfer taxes imposed on the conveyance of the land.
4
Indemnification
11. Purchaser hereby indemnifies and agrees to defend and hold harmless
Seller, his heirs, representatives and assigns, from and against any and all claims,
expenses, costs, damages, losses and liabilities (including reasonable attorney's fees)
which may at any time be asserted against or suffered by Seller or the land, or any part
thereof, as a result of, on account of, or arising from any obligation, claim, suit, liability,
contract, agreement, debt or restriction created, arising, or accruing from the date of this
Agreement, regardless of when asserted and relating to the land or its operations,
including without limitation, maintenance, sewer and water services, utilities and taxes
with respect to the land.
Default
12. The prompt performance and time are of the essence of this Agreement
and of each of its terms and conditions. If Purchaser shall default in paying any one of the
monthly installments of the aforesaid purchase price for a period of eight (8) days after
the same shall become due, or if Purchaser shall fail to perform any of the other
engagements upon his part herein contained, or break or evade, or attempt to break or
evade any of the covenants or conditions of this Agreement, then, in any such event, the
Seller shall have the right to terminate this contract. The Seller, as a condition precedent
to the exercise of this right, shall serve upon the Purchaser a written notice of termination.
This notice shall be served personally, by U. S. registered mail, or by U. S. certified mail
sent to the Purchaser at the following address: 9 Hill Street, Mt. Holly Springs, PA
17065.
The notice shall specify the nature of the default and if the default arises out of
Purchaser's failure to keep the premises in good repair pursuant to the provisions of this
5
Agreement, the notice shall contain a reasonably specific statement of the items of
disrepair.
The date of termination specified in the notice shall in no case be less than fifteen
(15) days after the date upon which service of the notice is made upon Purchaser, in the
manner hereinbefore provided, where default arises because of failure to make payment
when due. Whenever default arises because of Purchaser's failure to make repairs, the
notice shall be no less than thirty (30) days.
Seller's Remedies
13. In the event of any default by Purchaser in the payment of any installment,
any assessment for public improvements or any sum owed by Purchaser under this
Agreement then Seller, in addition to other remedies available at law or in equity, may:
A. Terminate the Agreement in accordance with the provisions of Paragraph
12 of this Agreement.
B. The Seller upon termination of this Agreement may maintain an action for
damages for breach of contract, or an action for the recovery of possession of the
property, or both.
C. In any action by Seller to recover damages for a breach of this Agreement,
Seller shall be entitled to recover damages for all losses resulting from the breach,
including but not limited to the excess of the contract price over the market price at the
time of breach, the unpaid installment payment due prior to the surrender of the premises
by Purchaser, the value of repairs made by Seller prior to the surrender whenever
Purchaser is responsible for the repairs and the cost of any actual repairs made by Seller
subsequent to the surrender of the premises which repairs become necessary by reason of
damage done by Purchaser or the vandalism of the premises prior to the actual delivery of
possession to Seller, and any assessments for public improvements.
6
Eiectment
14. Upon the termination of this Agreement pursuant to Paragraph 12 above,
the Prothonotary or any attorney of any court of record in Pennsylvania, or elsewhere, is
hereby authorized to appear for and to confess judgment in an amicable action of
ejectment against Purchaser and in favor of Seller for the land herein described and to
direct the immediate issuing of a writ of habere facias possessionem with clause of fiere
facias for the costs, waiving all irregularities, without notice and without asking leave of
court, and this contract, or a true copy thereof, shall be sufficient warrant for the same.
Covenants of Seller
15. Seller hereby covenants that his title shall be as stated in Paragraph 5 of
this Agreement during the entire term of this Agreement.
16. Seller hereby covenants that upon the Purchaser's written request at
reasonable intervals, however, no more often than six (6) months, Seller shall (i) inform
the Purchaser in writing of the current unpaid balance of the purchase price, (ii) furnish
the Purchaser with a complete itemization of all components of all installment payments,
and (iii) make available to the Purchaser for inspection all tax and insurance receipts for
the premises and all bills and receipts for repairs for which the Purchaser is responsible
under this Agreement.
Seller warrants that he will allow no judgments, mortgages, or claims other than
the mortgage herein mentioned, to be entered against or remain against the real estate
except for any obligation which is the Purchaser's as set forth herein. Seller warrants that
should any notice of any claim be filed that he will immediately, within a thirty day
period, proceed to satisfy, remove, or institute any litigation necessary to remove such
mortgage, judgment, lien, or claim.
7
Assignment
17. Purchaser may not assign, sell or transfer, in any manner whatsoever, this
Agreement or any right, title and interest herein except with the prior express written
consent of the Seller, which consent the Seller may withhold. Any attempt to assign this
agreement by Purchaser without the prior written consent of Seller shall be considered a
default under this Agreement entitling Seller to exercise his remedies under Paragraph 13
of this Agreement.
Attorney's Fees
18. The prevailing party in any legal proceeding brought by or against the
other party under or in connection with this Agreement or transactions contemplated
hereby shall be entitled to recover court costs and reasonable attorney's fees from the
non-prevailing party.
Waiver
19. No waiver of any provision or condition of this Agreement by either party
shall be valid unless in writing, signed by such party. No wavier shall be taken as a
waiver of any other or similar provision or of any future event, act or default.
Time o Essence
20. All times stated in this Agreement are of the essence hereof.
Miscellaneous
21. Any notices required hereunder shall be in writing and shall be served
personally, by U. S. registered mail, or by certified mail.
22. Purchaser shall assume and be responsible for the maintenance and repair
of said premises in good order and repair from the date hereof, and shall keep and hold
Seller safe and harmless, from any and all claims for work and labor done or materials
s
furnished in connection with maintaining the said premises in good order and repair. No
major improvements or alterations shall be made to the premises without the written
consent of Seller. Prior to any such work on the premises, Purchaser shall take all steps
necessary to prevent the filing of a mechanics' lien against the premises.
Completeness and Modification
23. This Agreement constitutes the entire agreement between the parties
hereto with respect to the transactions contemplated herein and it supersedes all prior and
contemporaneous discussions, understandings or agreements between the parties.
Binding Effect
24. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, personal representatives and assigns.
Amendments in Writing
25. All amendments to this Agreement shall be in writing and signed by both
parties.
IN WITNESS WHEREOF, intending to be legally bound thereby, the parties
have hereunto affixed their hands and seals the day and year first above written.
WITNESS:
SELLER:
(SEAL)
Daniel I. Keys
9
PURCHASER:
(SEAL)
Dennis H. Blanchard
10
1
STATE OF PENNSYLVANIA
COUNTY OF ADAMS
ss.
On this, the day of , 2009, before me, the
undersigned officer, personally appeared Daniel I. Keys, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires:
STATE OF PENNSYLVANIA
COUNTY OF ADAMS
ss.
On this, the day of , 2009, before me, the
undersigned officer, personally appeared Dennis H. Blanchard, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument,
and acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires:_
File No. OS2737378JOY
ww.+'
Parcel ID No. 23-33-1942-001
This Indenture, made the _ 7th day of _ February 2006 ,
Between
ABN AMRO MORTGAGE GROUP, INC. BY ASSET ONE MARKETING
GROUP, LLC. ITS ATTORNEY IN FACT BY A POWER OF ATTORNEY
(hereinafter called the Grantor), of the one part, and
DANIEL 1. KEYS
(hereinafter called the Grantee), of the other part,
Witnesseth, that the said Grantor for and in consideration of the sum of Ninety-Five Thousand And
00/100 Dollars ($95,000.00) lawful money of the United States of America, unto it well and truly paid by
the said Grantee, at or before the sealing and delivery hereof, the receipt whereof is hereby
acknowledged, has granted, bargained and sold, released and confirmed, and by these presents does grant,
bargain and sell, release and confirm unto the said Grantee, as
See Attached Exhibit A
Property Address: 9 HILL STREET, Mount Holly Springs, PA 17065
Together with all and singular the buildings and improvements, ways, streets, alleys, driveways,
passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever
unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and
remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, property, claim and
demand whatsoever of it, the said grantor, as well at law as in equity, of, in and to the same.
To have and to hold the said lot or piece of ground described above, with the buildings and
improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so
to be, with the appurtenances, unto the said Grantee, his heirs and assigns, to and for the only proper use
and behoof of the said Grantee, his heirs and assigns, forever.
And the said Grantor, for itself and its successors, does, by these presents, covenant, grant and agree, to
and with the said Grantee, his heirs and assigns, That it, the said Grantor, and its successors and assigns,
all and singular the hereditaments and premises herein described and granted, or mentioned and intended
so to be, with the appurtenances, unto the said Grantee; his heirs and assigns, against it, the said Grantor,
and its successors and assigns, and against all and every other person and persons whosoever lawfully
claiming or to claim the same or, any part thereof, by, from or under him, her, it, or any of them, shall and
will
Warrant Specially and Forever Defend.
aTUTRTT L
y;
In Witness Whereof, the party of the first part has caused its common and corporate seal to be
affixed to these presents by the hand of its President, and the same to be duly atested by its
Secretary. Dated the day and year first above written.
Sealed and Delivered
IN THE PRESENCE OF US:
ABN AMRO MORTGAGE GROUP, INC. BY
ASSET ONE MARKETING GROUP, LLC. ITS
ATTORNEY IN FACT BY A POWER OF
ATTORNEY
By: J SEAL)
SEAL}
Linda Preston
State of a Rio
SS
County of
AND NOW, this / ) day of before me, the
undersigned Notary Public, appeared Linda Preston , who acknowledged at¢/herself to be the
CEO of ASSET ONE MARKETING GROUP, LLC ATTORNEY IN FACT FOR ABN
AMRO MORTGAGE GROUP, INC. , a corporation, and tm/she, as such CEO being
authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the
name of the corporation by NEVsherself as CEO
IN WITNESS WHEREOF, I hereunder set 4hannd d official seal.
blic
Mycommission expires
CERTIFICATE OF RESIDENCE
The address of the above-named Grantee is:
a P O.iex ?7?
?1-7-325 Mc p'Jh?3'tcc+n, 'PA i^z54?3
L`
46n'?el l of e Grantee
File No. OS2737378JOY
m~ JC _ • -t7ftd ?
N0
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K\RLM_Group\RLM_Realest\RLM - Legal De?6ns\Keys 9 Hill Street Legal Descnption.doc ' 0
1 i
LEGAL DESCRIPTION
ALL that tract of land situate, lying and being in the Borough of Mount Holly
Springs, Cumberland County, bounded and described as follows:
BEGINNING at a point in the centerline of Hill Street at lands now or formerly of
Robin L. Johnson; thence by said lands and beyond by lands now or formerly of Wilbur
and Karen Shirey, South 27 degrees 00 minutes 00 seconds East, 623.68 feet to a point at
lands now or formerly of Richard S. Snell; thence by said lands, South 49 degrees 45
minutes 00 seconds West, 95.54 feet to a point at lands now or formerly of Jane Ahalt;
thence by said lands, North 27 degrees 00 minutes 00 seconds West, 655.46 feet to a
point in the centerline of Hill Street; thence by said centerline North 69 degrees 03
minutes 52 seconds East, 93.52 feet to a point, the place of BEGINNING..
CONTAINING 1.365 Acres, more or less.
The above description was taken from a draft of survey prepared by James C.
Hockenberry, PLS, dated March 27, 2006, a copy of which draft is attached to this deed.
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JENNIFER BLANCHARD and DENNIS
BLANCHARD,
Plaintiff
V.
DANIEL KEYS,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, 73 -- T +
PENNSYLVANIA r-n
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CASE NO. 10-7288 cj
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C-71
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ANSWER TO NEW MATTER
AND NOW, comes Plaintiffs Jennifer and Dennis Blanchard and files the following
ANSWER TO NEW MATTER and in support thereof avers as follows:
53. Admitted in part. Denied in part. Plaintiffs deny that the purchase price of the
property was ever agreed upon at $130,000.00 or that they entered into an agreement for the
lease purchase of the property. Plaintiffs admit that they entered into an oral agreement with
the Defendant for the purchase of the property known as 9 Hill Street, Mt. Holly Springs,
Pennsylvania. The terms of their agreement were:
a. Plaintiffs would pay all real estate taxes and charges for sewer and water
when due;
b. Plaintiffs were to purchase the Premises from the Defendant for the sale
price of $125,000.00 to be made in installments of $200.00 out of each monthly
rental payment of $700.00. The landlord was to hold the $200.00 per month for
the Plaintiffs until the time that the Plaintiffs were able to secure a mortgage
from a bank. The money to be held by the landlord was to be returned to the
Plaintiffs at that time toward the down-payment and financing costs for the
purchase of the property. The remaining $500.00 was to be paid as rent to the
landlord.
54. Neither admitted nor denied. Plaintiffs have never seen the Installment Land
Agreement previous to its attachment to Defendant' ANSWER WITH NEW MATTER. Plaintiffs
have no information or knowledge to form a belief as to when or if the Defendant caused a
written installment land agreement to be prepared. Plaintiffs further deny that the
INSTALLMENT LAND AGREEMENT that is attached to DEFENDANT'S ANSWER WITH NEW
MATTER reflects the terms of the agreement between the parties as the purchase price of the
property was to be for $125,000.00 and not $130,000 as stated in the document.
55. Denied. Defendant never presented the Plaintiffs with any written document
regarding the sale of the property. Plaintiffs never saw the INSTALLMENT LAND AGREEMENT
which was attached to the DEFENDANT'S ANSWER WITH NEW MATTER previous to seeing the
document attached to the pleading.
56. Denied. Plaintiffs never changed the nature of their agreement with the
Defendant and never orally agreed to rent the premises on a month to month basis. Plaintiffs
were always under the belief and understanding that they were in an agreement to purchase
the property which was based upon their oral agreement with the Defendant.
ST Denied. Plaintiffs deny that they ever breached the agreement. The Plaintiffs
maintain that they make timely sewer and water payments which were paid in full at the time
that they were evicted from the property. The Plaintiffs also made timely real estate tax
payments which were paid in full at the time that they were evicted from the property.
Plaintiffs acknowledge that some of their payments during 2009 were late, however that was
with the acquiescence of the Defendant who agreed that the Plaintiffs could make their
payments late, because he stated that he trusted that the Plaintiffs would make payment in
full. At the time that the Plaintiffs were evicted from the property, all of their rental payments
and payment toward the purchase of the property were paid in full.
58. Denied. Plaintiffs made valuable improvements to the property, including the
following:
a. Converted an unfinished back porch into a formal dining room;
b. Remodeled the kitchen;
C. Improved the home from a three bedroom to a four bedroom home;
d Seal-coated the roof;
e. Installed a game room;
f. Installed four different fences on the property;
g. Had a driveway laid on the property which required excavation and the laying of
stone.
Plaintiffs made these improvements with the full faith and reliance that they were
purchasing the home from the Defendant and that the home would be owned by them in its
entirety at some point in the future.
59. Denied. Plaintiffs made improvements to the property as expressed in the
Plaintiff's response to paragraph 58 above. Plaintiffs deny that these actions were mere repairs
or maintenance as this work was done to improve the value of the home. Plaintiffs further
deny that there was no increase to the value of the property. During the summer of 2010, the
property was appraised at $137,000.00.
60. Admitted. Plaintiffs admit that they did install a new garage on the premises
which they removed when they vacated the premises. The concrete pad on which the garage
was placed, which was placed there by the Plaintiffs, remains at the property.
61. Denied. The Defendant purchased the property for $95,000.00. During the
summer of 2010, the property was appraised at $137,000.00.
62. Admitted.
63. Admitted.
64. Denied. It is denied that the Plaintiffs elected to terminate the month to month
lease without cause or justification. Plaintiffs were notified by two employees of the
auctioneers that the property was going to be auctioned. Plaintiff Jennifer Blanchard then
confronted the Defendant about the sale of the property and he told them to bid for the
property at auction.
65. This paragraph is a statement of law to which no response is required.
WHEREFORE, Plaintiffs demand judgment in their favor and against the Defendant for the
amounts claimed in the Counts listed in their COMPLAINT.
Y SUBMITTED,
'54kri D. Coover, Esquire
Dated: r Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
JENNIFER BLANCHARD and DENNIS
BLANCHARD,
Plaintiff
V.
DANIEL KEYS,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CASE NO. 10-7288
VERIFICATION
1 hereby verify that I have reviewed the foregoing ANSWER WITH NEW MATTER and
verify that the facts contained in that document are true and correct to the best of my
knowledge, information and belief. I understand that I can be subject to the penalties of
perjury, both civilly and criminally, for any false statements contained therein.
- (-1-11 \ ? 'X?? A? CtrL
Date:
Jennifer Blan ,hard
VERIFICATION
I hereby verify that I have reviewed the foregoing ANSWER WITH NEW MATTER and
verify that the facts contained in that document are true and correct to the best of my
knowledge, information and belief. I understand that I can be subject to the penalties of
perjury, both civilly and criminally, for any false statements contained therein.
Date:
Dennis Blanchard
JENNIFER BLANCHARD and DENNIS
BLANCHARD,
Plaintiff
V.
DANIEL KEYS,
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
CASE NO. 10-7288
CERTIFICATE OF SERVICE
I, Sheri D. Coover, Esquire hereby certifies that on 0,0 tP, 2011, 1 caused a
copy of the PLAINTIFF'S ANSWER TO DEFENDANT'S NEW TTER to be served upon counsel
for the Defendant via United States first-class mail postage pre-paid addressed as follows:
Robert L. McQuaide
Suite 204
18 Carlisle Street
Gettysburg, PA 17325
submitted,
Sheri N_, over, Esquire
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
David D. Bud(
prothonotary
Office of the Prothonotary
Cum6er[and County, Pennsylvania
nr&S. Sofionage, ESQ
Solicitor
itO - 7zee CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite100 • Carlisle, 2'A • Phone 717 240-6195 • rFa, 717 240-6573