HomeMy WebLinkAbout04-4672
NADEEM A. KHAN and,
CHARU KHAN,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
ERIK W. DODDS,
Administrator of the Estate of
RUSSELL A. DODDS,
Defendant
NO. 2004 - '1(,1JJ
NOTICE TO PLEAD
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 (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
32 South Bedford Street
Carlisle, Pennsylvania
717-249-3166
o.
NADEEM A. KHAN and,
CHARU KHAN,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v
CIVIL LAW
NO. 2004 - '11,7.:L. CIVIL
ERIK W. DODDS,
Administrator ofthe Estate of
RUSSELL A. DODDS,
Defendant
COMPLAINT
COUNT I
Plaintiffs, Nadeem A. Khan and Charu Khan, by their attorneys, Broujos & Gilroy, P.C., sets
forth the following:
1
Plaintiffs, Nadeem A. Khan and Charu Khan, are Husband and Wife, residing at 1914
Maplewood Drive, Carlisle, Cumberland County, Pennsylvania.
2
Defendant, Erik W. Dodds in his capacity as administrator of the Estate Russell A. Dodds, is
an adult individual residing at 1201 Georgetown Circle, Carlisle, Cumberland County,
Pennsylvania.
3
Plaintiffs and Defendant entered into an Agreement of Sale (contract) on April 9, 2004,
whereby Defendant agreed to sell to Plaintiffs the real estate located at 1201 Georgetown
Circle, Carlisle, Cumberland County, Pennsylvania (Real Estate). A copy of the contract is
attached hereto and marked exhibit A.
4
Defendant is the owner of the real estate. A copy of the deed for the real estate is attached
hereto and marked exhibit B.
5
Plaintiffs have fulfilled all requirements ofthe contract.
6
Defendant on his own and through his agents advised Plaintiffs that Defendant would not
fulfill the terms of the contract and would not complete the sale of the real estate from
Defendant to Plaintiff.
7
Despite repeated demands, Defendant has failed to fulfill the terms of the contract and has
failed to proceed with closing on the sale of the real estate to the Plaintiff as required by the
terms of the contract.
WHEREFORE, the Plaintiffs request your Honorable Court to specifically enforce the terms
of the contract and direct the Defendant to execute a deed conveying the real estate to
Plaintiffs in fulfillment with the terms of the contract.
COUNT II
1
Paragraphs 1 through 7 are incorporated herein by reference thereto.
2
As a result of Defendant's breach of the contract, Plaintiffs have incurred various items of
damages including, but limited to, attorneys fees, lost opportunity for sale of Plaintiff's real
estate at 1914 Maplewood Drive, Carlisle, Cumberland County, Pennsylvania, loss of
opportunity to enjoy ownership and use of the real estate and other consequential damages.
WHEREFORE, Plaintiffs request your Honorable Court to enter judgment in favor of
Plaintiffs against Defendant in an amount in excess of $25,000.00 and in excess of the amount
required pursuant to the compulsory arbitration rules of Cumberland County.
BROUJOS & GILROY, P.c.
By 1I~tJ!
Attorney for Plaintiff
Broujos & Gilroy, P.C.
4 North Hanover Street
Carlisle, P A 17013
717-243-4574
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 PA.C.S.
Section 4904 relating to unsworn falsification to authorities.
DATE: spL II, ,.;;eaf
Nadeem A. ~dp~fY? tlAc..v....
DATE:. "rl&,~
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Charu Khan
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-04672 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KHAN NADEEM A ET A.L
VS
DODDS ERIK W ET AL
CPL. KATHY CLARKE
Cumberland County,Pennsylvania, who being duly sworn according to law,
Sheriff or Deputy Sheriff of
says, the within COMPLAINT & NOTICE
was served upon
DODDS ERIK W ADMIN OF ESTATE OF RUSSELL A DODDS
the
, at 1400:00 HOURS, on the 23rd day of September, 2004
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE
DEFENDANT
CARLISLE, PA 17013
ERIK DODDS
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
.00
.00
10.00
.00
28.00
Sworn and Subscribed to before
me this 5~
day of
a t..M--L .)..tJo cf A. D .
(/f.l.<.t.......... Q )yt, Je,-.., .)~
'- !ptothonotary , -r-'
So Answers:
-/"~#4
R. ~om;s KlIne
09/23/2004
BROUJ::, , C;;'l::~/,~afr
NADEEM A. KHAN and,
CHARU KHAN,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
Plain tiffs
v
CIVIL LAW
ERIK W. DODDS,
Administrator of the Estate of
RUSSELL A. DODDS,
Defendant
: NO. 2004 - 4672 CIVIL
PRAECIPE
To The Prothonotary:
Please mark the above captioned action settled and discontinued.
'}---II-o r
Date