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Home My WebLink About05-2916 . ., COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Cumberland NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No, 05' 01'11& ew..I NOTICE OF APPEAL Judicial District, County Of Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF APPELLANT ~ Michelle Reed ADDRESS OF APPELLANT MAG. OIST. NO. 09-1-02 NAME OF Q,J. Robert V. Manlove DATE OF JUDGMENT Warren Avenue IN THE CASE OF (Plaintiff) eal Estat,zT .iu nS.l...L.J..! CITY Harrisburg STATE ZIP CODE 17112 6231 PA 5/16/05 DOCKET No. elief (Defendant)' ~ Michelle Reed SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT CV-oooo 112-05 ~'-- (! /J~~ This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enterrule upon Rea 1 Es ta te Re 1 i e f So 1 uti ons Name of appellee(s) LLC appellee(s), to file a complaint in this appeal (Common Pleas No. o.{. .;;>'1/1c ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. ~~$,- C!~ Signature of appellant or attorney or agent RULE: To Real Estate Relief SolHt:j,,2ng, 1.1C() me 8P{J8 ee s . appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date ~.I ,200') ( rothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COUR1 FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FilE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing of the notice of appeal. Check appl.!cabl.e boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: I hereby (swear) (affirm) that I served o ; S3 (dale of service) a copy of the Notice of Appeal. Common Pleas No, o by personal service , upon the District Justice designated therein on ,20 sender's receipt attached hereto, and upon the appellee, (name) . 20 0 by personal service sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of official before whom affidavit was made Title of official My commission expires on ,20 $ ~ ~ t '- t ~ AOPC 312A, 02 --. C" ,,>" ,t , -'''\,) L:l ~ by (certified) (registered) mail, o by (certified) (registered) mail, S(qnaiure of affiant ~ ~ l1\\ (. I, ~, ,I Ii...' l ~\ ~ ~ ~ '0\\" \.., 't\ ~ ~, ~, ~\~ &~ 't,~~ 'll...~ ~~ ~ ~ ~, ~ 2 ;s:: -0. ,~,.-~ mf.~ Z'X:' Z" U)~, "< .':, ~CJ ~CJ ..:'.0 -"'C: ~ ,...,. = <=> ..... '- ~ , -! -0 ::lI: i::? c..:> CS> , on ~ ~ I~ ~~ .o-t ~ T' '\ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAJIID 09-1-02 NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NP.,\~E and ADDRESS ~ ESTATE RELIEF SOLUTIONS LLC I PO BOX 75 HUMKBLSTOWN, PA 17036 L ~ Mag. Dist. No.; MDJ Name: Hon. Address; ROBERT V. MAlIILOVE 1901 STATE ST CAMP HILL, PA T,I'pho", (717) 761-0583 17011-0000 DEFENDANT: r-.!AME and ADDRESS ruED, MICHELLE 6231 WAPVR1\T AVE HARRISBURG, PA 17112 L VS. ' I MICHELLE REED 6231 WAVVR1\T AVE HARRISBURG, PA 17112 Docket No.: CV-0000112-05 Date Filed: 3/11./05 ~ &~- ~, THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAIRTTI1'I1' ......,. [i] [i] Judgment was entered against: (Name) RR18l MTeRRT.T.R Judgment was entered for: (Name) 'RWaT. 1I!~"'a."'1i! 'R.i. TW'" J:ZnT.JlI1ITnWA T. in the amount of $ A, , 'i" .... on: (Date of Judgment) 'i/'" /00; D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. (Date & Time)_ D Amount of Judgment Subject to Attachment/42 Pa.C.S. S 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgm!.,nt $ 8.000.00 Judgment Costs $ 156.66 Interest on Judgme nt $ .00 Attorney Fees $ .00 Total $ 8.156.66 Post Judgment Credits $ Post Judgment Costt; $ ------------ ------------ Certified Judgment rotal $ ANY PARTV HAS THE RtGHTTO APPEAL WITHIN 30 OAYS AFTER THE ENTRY OF JUDGMENT BY FILING A N,OTtCE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DtVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPTFORM WITH YOUR NOTICE OF APPEAL.. EXCEPT AS OTHERWtSE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DtSTRICT Jur JGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHE.R PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGIS ,TERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED tN THE COURT OF COMMON PLEAS, ANYONE tNTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DtSTRICT JUDGE IFTHE JUDGMENT [JEBTOR PAYS IN FULL. SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ""-~;;' i /,:; J}i i:"; { Date ~~~0tJolft?, Magisterial District Judge , I certify that this is a true a_~~C;rrecticQPY ot!th~.eco~,~.fth_'~.J:)roc~~g.inqs'c9_ntaining the judgment. _..'. ' , i _ _/';: ,_,~(!!2.-::~:r/:c"-':/r''''.ri:;7'H'__'"'>/~,> /' ,"":' " .~ ;," ,-:'...., ~~__ ' .., .. '-'!", .i"" Date !. "~"""" - ',' ".,v,.,._,-, .'. , Magister. lal Dlstnct Judge My commission expires first Monday of January, 2006 SEAL AOPC 315-05 DATE PRINTED: 5/16/05 11:08:52 AM "............,,~ , " .. ""r,_,"""""''''_''''~ ..,...,,-,' - COMMONWEALTH OF PENN'WLVAr>JIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT .. Il,. COMMON PLEAS No. NOTICE OF APPEAL , 1,:-'. /' Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. ( ~/ ,~ .ZII? CODE 4 NAME OF APPEL~~NT: ADDRESS OF APPELLANT , " ( Defendant)" DATE OF JUDGMENT vs SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT j .,' This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y when appellant was DEFENDANT (see PaR.CP.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appel/ee(s) (Common Pleas No. ,.. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appel/ant or attorney or agent RULE: To i 1. .; :,-.. 1 j~~ ..:, .~ t 'L ,'~ :' ,- _ J'),1 Name of appel/ee(s) , appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. / Date: -) I 20 ~ -?, .I _,~ ,/~f ?'r , , Signature of prothonotary or Deputy YOU MUST INCLUDE A COPVCF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. Aope 312-02 COURT FILE ,..., '^ ' .....n .. ' '\ l\" PiJ3'_i'QE~ ...:.._ ~ \.-.~~ C'nf",ej fef' :_ rr1 Return F\(~Ct~lpt FeE' ! t::I (EndorS8nler~t f\E~q\J rl~d' :____ CJ Res:ricted [el veri FeE i c::J (Endorsement F\E'qcllri:;-d\ 1'- ~ Total Postage & Fees c~. .::t" m ..rfti/l:!':'7JJ"fl}V:;:mmnmml o-c] Uu _CUm. ~<J.. oed I f'- ~:;;' ZI~'4 ;,h../I -------Pli-hiio/Tum.uuhu.hmu.1 ..111..... II ',l l HI \ (I" ror InstrlH 10 u.s. Postal Service CERTIFIED MAll.RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ,..., ..n ,..., ,..., m Cl Cl Cl Cl Cl .::t" m ~p~;tsem;;;r~y~J/;r;;;1i-fr~7L~__ Lt;:? g: .t!ctt./l0r;; 80'):/-S_ ___u_____ Cl eft tate. Z/F';;i-- ----.. H.__..___.U.m..H_______UUm un f'- #OJ /J PA I 7CJ,3 Go ---.J PROOF OF SERVICE OF NOTICE: OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing ofihe notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served [] a copy of the Notice of Appeal, Common Pleas NoO 5 - 2 91 6, upon the District Justice designated therein on (datfi of service) J u n e 8 ' 2005 ' 0 by personal service ~ by (certified) (_8~i&tQr9el) mail, ,m.. 'mm .. ... Real Estate Relief sender's receipt attached hereto, and upon the appellee, (name) Solutio.nsLLC ' on J u n e 8 , 2005 0 by personal service W by (certified) (~!l~iotmd) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME T Bt h DAY OF Jun 2Oc15 Title of official . OF=SYLVANlAJ JEANJETTE CHaGREN. Notary Public .(;l(y of t1aId$bufg. Oaupllh I Coullty Cotnmlsslon 15. 2009 My commission expir Aore 312A, 02 Ci .." ~ ffl . ~ ' \{V~ .~."--_._m__.._._ '- . Signature of affiant Lucinda C. Glinn (") C :5: -ore ~~:i:~~ ~~. <"-.- ~~,-, ~t:, .....~c: ~ ,...:1 c:::> = c.n c:.... c: z o -n --I :I::J.J ~.$C~ :0 o -{ . ~-d [5~ -1 ~ -< I I..D -0 :x w .. C) -.J PATRICIA SMITH, IN THE COURT OF COMMON PLEAS CUMBERU~ COUNTY, PENNSYLVANIA Plaintiff v. NO. 05--2916 MICHELLE REED, CIVIL ACTION - LAW Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish 1:0 defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA~IYER 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. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 PATRICIA SMITH, IN THE COURT OF COMMON PLEAS CUMBERLJUID COUNTY, PENNSYLVANIA Plaintiff v. NO. 05..2916 MICHELLE REED, CIVIL ACTION - LAW Defendant NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI US TED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN I.AS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PlffiTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA 0 EN PERSONA 0 POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS 0 SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI lJSTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO 0 NOTIFICACION Y POR CUALQUIER QUEJA 0 ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO 0 SUS PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 PATRICIA SMITH, IN THE COURT OF COMMON PLEAS CUMBERL1UID COUNTY, PENNSYLVANIA Plaintiff v. NO. 05--2916 MICHELLE REED, CIVIL ACTION - LAW Defendant COMPLAINT AND NOW, comes Plaintiff, patricia Smith, by and through her attorneys, the Law Offices Stephen C. Nudel, PC, and respectfully files this Complaint as follows: 1. Plaintiff is patricia Smith, an individual with an address of 11 Sandy Hill Road, Hununelstown,. Dauphin County, Pennsylvania. 2. Defendant is Michelle Reed, an individual, of 6231 Warren Avenue, Harrisburg, Pennsylvania 17112. 3. On or about December 13, 2003, Plaintiff and Defendant executed a Residential Lease Purchase Agreement ("Purchase Agreement") for the premises located at 32~; 2"d Street, West Fairview, Cumberland County, Pennsylvania 17025 ("Property"). A true and correct copy of the Purchase AgreElment is attached hereto and made a part hereof as "Exhibit N'. 4. The parties entered into the Purchase Agreement in part, as requested by Defendant, to allow Defendant to receive a tax deduction related to real estate. 5. The initial term of the Purchase Agreement was for twelve (12) months beginning on December 13, 2003. The Purchase Agreement was to automatically renew for four (4) additional twelve (12) month periods following the expiration of the initial term unless Plaintiff gave thirty (30) days notice prior to any renewal. 6. Defendant had no right to cancel the Purchase Agreement except upon default. Defendant had the right to declare an end to the Purchase Agreement only after a default, and only after Defendant has given Plaintiff written notice of default, and only after the default remained uncorrected for five (5) days after written notice. 7, Pursuant to the terms of the Purchase Agreement, Defendant granted to Plaintiff an exclusive option to purchase the Property at any time during the term of the Purchase Agreement for $75,000.00. 8. On or about September 14, 2004, Defendant advised Plaintiff by telephone that Defendant was terminating the Purchase Agreement. This termination was confirmed by letter dated September 17, 2004. Plaintiff advisee! Defendant by letter dated September 14, 2004, that Plaintiff did not agree with the termination of the Purchase Agreement. True and correct copies of the September 17, 2004, and September 14, 2004, letters are attached hereto and made a part hereof collectively as Exhibit B. 9. By letter dated October 4, 2004, Defendant was further advised that Plaintiff was prepared to meet her obligations under the terms of the Purchase Agreement. A true and correct copy of the October 4, 2004, letter is attached hereto as Exhibit C. 10. Defendant had listed the Property for sale on or about August 27, 2004, in violation of the Purchase Agreement and without providing notice to Plaintiff. 11. On or about November 4, 2004, Defendant sold the property to a third party for $77,000.00. 12. Plaintiff filed a claim for Breach of Contract before Magistrial District Judge Robert V. ManloVE! on or about March II, 2005, for the maximum damages allowed to be claimed before a Magisterial District Judge. 13. On May 16, 2005, Plaintiff obtained a Judgment against the Defendant from Magisterial District Judge Robert V. Manlove in the amount of $8,156.66. 14. On or about June 2, 2005, Defendant filed an Appeal of Magisterial District Judge Robert V. Manlove's Judgment. Count I - Breach of Contract 15. Plaintiff incorporates by reference the averments of Paragraphs 1 through 14 above as if set forth herein at length. 16. Defendant has breached the terms of the Purchase Agreement. Defendant terminated the Purchase Agreement without cause, without providing notice of default, and without providing an opportunity to cure any alleged default in violation of the terms of the Purchase Agreement. 17. Defendant has breached the terms of the Purchase Agreement by selling the Property to a third without informing Plaintiff in violation of the exclusive option to purchase granted pursuant to the Purchase Agreement. COUNT II - DAMAGES 18. Plaintiff incorporates by reference the averments of Paragraphs 1 through 17 above as if set forth herein at length 19. As a result of Defendant's Breach of Contract, Plaintiff has suffered damages in the amount of $80,000.00. The damages are the result of lost revenue over the term of the Purchase Agreement and lost profits on the future sale of the home. WHEREFORE, Plaintiff demands Jud~pnent against Defendant and in favor of Plaintiff in the amount of $80,000.00, plus costs of suit and attorneys fees. Respectfully submitted, Date: ;'7-05 STEPHEN C. NUDEL, PC v S hen C. Nude I , Esquire Attorney ID #41703 Andrew T. Kravitz, Esquire Attorney ID #80142 219 Pine StrElet Harrisburg, I'A 17101 (717) 236-5000 Attorneys for Plaintiff RESIDENTIAL LEASE PURCHASE AGREEMENT ,.,...,,- .,-- nnSAGREEMENT, dated Deu~Il~1 i.'" , 2C03 isbetween mlC hp.lle (2 p p d ,the Landlord and ~l- rle \ A ::'),...,... I th ,the Tenant In consideration of the payment of rent and the keeping and performance of the covenants and agreements by the Tenant hereinafter set: [oM the Landlord does hereby lease unto the Tenant, the following described premises situate in the County of C'< ,,)1h,rlo jYi . . State of VPf\{)syl ut>.n I C\ to wit: (Insert Legal Address) ib.rc:~ \ r\U.'nhp r 45"-/7 - IDYlj-OPz' With a street address of: 3'2.5 z.!lQ 5/:.. L~lesl- ~a.JnJIPJJ" PFt ;,02.-5 The said premises, as described above, are hereby leased to the Tenant for a term of E;.... months commencing DPrei"rl.tw (' 1"3 . ZDO 3 , Rent fortbe premises is payable in monthly installments 0[$'* ~)ctU'.'Y\ \, to be paid on or before the first day of the month for which rent is due. $ nf" .....nl> 913. tims-feDt-p8)'ment-shall-be-eredited .tv.....d. eke ~sa38. FR.~11 still'! flrQF~'. Payments to commence *See Ad.o..nd<l ';-(j .;2.. . This Agreement sh:a.U automatically renew for...:L.- additional ~ month periods fonowing the expiration of the iwitial term unless Tenant gives 30 days notice prior to any renewal. THE TENANT, IN CONSIDERATION OF THE LEASlNG OF SAID PREMISES AS AFORESAID, COVENANTS AND AGREES AS FOLLOWS: To pay the rent for said premises as hereinabove provided; To keep said premises in good condition and repair and at the expiration of this lease to sl.lJTender and deliver up the same in as good order and condition as when entered upon, loss' by fire. inevitable accident. 'act of God or ordinary wear and tear excepted; IT IS FURTHER MUTUALLY AGREED that if the tenant shall be in arrears in the paymeots of any installment of rent, or any portion thereof, or in default of any covenants and agreements herein contained to be performed by the Tenant, which default shall be uncorrected for a period of five (5) days after the Landlord has given written notice thereof, Landlord may, at his option, without liability for trespass or damages, .in any manner as allowed by law; declare the term of this lease ended; repossess the said premises as of the Landlord's former estate; peaceably expel and reI1love the Tenant, those Claiming under him, or any person or persons occupying the same and their effects; all without prejudice to any other remedies available to the Landlord for arrears of rent or breach of covenant. IT IS FURTHER MUTUALLY AGREED that the Landlord, in consideration of the performance of all the covenants and agreements herein to be perlormed by the Tenant under the lease, and for Tenant agreeing to perform all minor repairs to the property during the term of the said lease, hereby grants to Tenant an exclusive option to purchase the above described premises at any time during the term of this lease or any renewals for the sum of $ 75 noo , payableasfoUows: 1>1.00 j)r,\d .ccwh ~~..1~" ""tl-, <$IC:O.l~O doe eRr IN'-;'~' as full payment for Landll?rd's equity, The Landlord,--bpon payment of said purchase money, shall co ey said premises by \ ,\nf"'o.i\t:~ De p,\ ~ , and warrants that only those liens listed herein exist and that no aclditionalllens will be placed against the property during the term oftbis agreement Current balance due of any encumbrances are as follows: 4-~Pe. ArU:>mi;lC\-3 --. '1l" ).. j. ',~ ,I i / f.-U... II ,I Laildlord /J,-'~t . /{UI AC.U( . Tenant 1.2'13-0~ Date No. BB 432 Ver 9811 Page! of! @2000AlIRigbtsReserved LEASE PURCHASE.MUl.:nSTATE .-.'" ~dl.xY\ - [1'OIth\"f M:-()t \::6 I:::e. del::er0'Hned uJ,en 100-"1 I~ 'CY'<-L0/''Ld by Seller. ldendu>'Y' ~ - pcu-j rne..t\t5 CO c..o.'h/"Y\e-r\(..e. ,-",hen Selle.r s€ c.. o"f:..5 I CXJJi CVld Uo.CD-~e::. properl::'-j I eo.t.! 11"14 ! i:: 1 (\ fY'IC"'\..J2. I () I t:;>rOOY) 0e:0e..pt <.:.010. b c(, " :bxJuo, :3 - 5e lIeF wtll be =4..': i ,- J () 9 Q f,a"e- e..qu d:: '-f I (J(.V) r-cr 11 7 5~ cx:.:o. Tn90irY'O.b t.() be I'e.co,decJ u...l-\.er. \ 00.':, I::' -sec.u,,,"ci . )IJ~ /); {de k2/l3103 :<.ncll 0, cI J::o:i:i,. _"?o.iL-.b <Lf;nA5f{ I~nt IZ- -{3 -OJ Da-..ti '" September 14,2004 Michelle Reed 325 2nd St. West Fairview, PA 17025 RE: terminating lease purchase agreement Dear Michelle: I am sorry to hear that you wish to cancel our lease purchase agreement for your home at 325 2nd St., West Fairview, P A 17025. Since it was you who approached me about purchasing your home and since our negotiations for this purchase lasted well over a month and since you sought and received council and approval of this sale, it has come as a rather surprising shock. As I stated to you during our conversation on Monday, September 13,2004, I will be losing a large sum of money if! allow you to cancel our contract. I then have a few options (according to my attorney); one, is to force you to perform on the contract, I could have my attorney represent me and sue for the full amount of damages (over $55,000), I could represent myself at small claims court for the full amount possible (aprox. $5,000), and [mally, I can release you from the contract for a small fee. As I stated earlier, to release you from the existing contract would be to walk away from a substantial future and present profit. As purchasing real estate is my profession and my only source of income, that loss of present and future profit from your home will severely affect my bottom line. However, I am trying to be accommodating and am therefore willing to release you from that contract for a fee of$I,OOO.OO. Upon receipt of the $1,000.00, made outto my company Real Estate ReIiefSolutions, I will forward to you a notarized statement releasing you from our contract, without that letter, our contract will remain in effect. Please note that I have an exclusive option to purchase your home, based on our contract, and you will not be able to sell or rent your home as long as our contract is valid. If you would do so, our signed contract would negative~ affect that sale or rental agreement no matter how long it has been final and you could be responsible for the 3 party's damages as well as my own. You may forward a check for $1,000.00, made out to Real Estate Relief Solutions, to my address of P.O. Box 75, Hummelstown, P A 17036. Once I receive that payment, I will send you a notarized statement releasing you from our contract, on the next business day. If I do not receive payment in full within 15 days from the date of this letter, I will assume that you have changed your mind and wish to comply with our binding purchase agreement and will expect you to do so. I am sorry that our business relationship has come to an end, and wish you and your family well. Sincerely, Patricia Smith Real Estate Relief Solutions, LLC 325 2nd Street West Fairview, PA 17025 RE: Lease Purchase Agreement Termination September 17, 2004 Patricia Smith P.O. Box 75 Hummelstown, PA 17036 Dear Patricia Smith: The Lease Purchase Agreement for the property located at 325 2"" Street West Pairview, Pa 17025 is terminated. Since the conditions for securing the home equity loan cannot be met, the above-mentioned contract is rendered null and void effective immediately. The contract does not specify any fee or penalty for failure to commence; therefore, the contract is cancelled at no cost to either party. As noted in the agreement, a cash payment of one dollar received on December 13,2003 is being refunded to you. I have enclosed a check or money order for one dollar with this cancellation notice. As discussed, the inability to obtain the home equity home is not my fault I have applied to several different lenders; however, the conditions that cannot be met (temi, interest rates and payment amount) are beyond my controL I cannot be held accountable for the failure of this contract, nor can I be considered in breach of said contract I have consulted with Attorney Steven Miner regarding this matter. The contract has failed, rendering it void; and I am not required to pay you th,e sum of one thousand . dollars to cancel it As stated before, the contract does not include any "cancellation fee" or penalty. You have no documentation to support the validiity of such a fee. I will not be intimidated, and threats of pursuing a frivolous lawsuit will not be tolerated. Any further attempt to collect payment from me will be considered an act of extortion, and I will report this matter to the District Attorney of Cumberland County. ~;2{) Michelle Reed Enclosure (1) Welch f::-:;Gold ~~Siegel,pc. AttorneJ's at Law Wekh, Gold & Siegel, P.C. Lawyers Building 428 Forbes Avenue Pittsburgh, fA 15219 Telepbone: 1-800.375-3089 Fax: (412) 391-8232 PI.ilntMphin O/Jirf' A:r;vIf";'llnlU';/II :I,rnlfl,IlIn/I.Il"illlulh & Mif/"r Ar/rrnr'5.,alf.mf PI1ilmMpr.it,. I~i 19110 October 4, 2004 Michelle Reed 325 2nd Street West Fairview, PA 17025 RE: Patricia A. Smith Our File No.: 282609 Dear Ms. Reed: Weare writing on behalf of the above named individual who was a party to the Lease-Purchase Agreement of December 2003. We are aware that you breached the Agreement by notifying Ms. Smith that you do not intend to be bound by that Agreement. Be advised that, under the Pennsylvania Rental Purchase Agreement Act, Ms. Smith was prepared to tender an initial rental payment which would have entitled her to acquire ownership ofthe property at a later date. We understand that Ms. Smith has reqm:sted an amount of $1,000.00 to cover her damages as a result of your breach. Please understand that, should you not comply with her demand, she will file suit against you for that amount, plus court costs. Accordingly, it would be in your interest to comply with the demand of this letter. Should Ms. Smith fail to receive the amount in question within thirty (30) days, she will proceed to take appropriate legal action. In the alternative, you may cure your breach by complying with the terms ofthe Agreement. Sincerely yours, WEL.~t,~,L~ & ~EL, P..C. //U.c7'-'"(/_~~;7' ',",_ THEONA STEF ANLS AITORNEYATJ:A\W TS/dcg cc: Ms. Patricia A. Smith 11 Sandy Hill Road Hummelstown, P A 17036-9389 VERIFICATION I, patricia Smith, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief under penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: 7-7-05 :J~" S;,J/( Patricia Smith PATRICIA SMITH, IN THE COURT OF COMMON PLEAS CUMBERL1~ COUNTY, PENNSYLVANIA Plaintiff v. NO. 05..2916 MICHELLE REED, CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, posta~Je prepaid, at Harrisburg, Pennsylvania, as follows: Lucinda C. Glinn, Esquire Nauman, Smith, Shissler & Hall 18th Floor 200 North Third Street P.O. Box 840 Harrisburg, PA 17108-0840 Date: l~t - oS rew T. Kravitz, Esquire Attorney ID #80142 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorney for Plaintiff n c; f~. ~ ..., = = """ t..... C:.: .--- , C) Q -,! :I--n nl,~ "'T" ,. -;-')C;:1 ~~~: \'~~ (>,: ~; "-~m , ..1 :~-t "I> ",', :..<: :s ~- <';';' = - J. Stephen Feinour, Esquire Supreme Court ID #24580 Lucinda C. Glinn, Esquire Supreme Court ID No. 84737 NAUMAN SMITH SHISSLER & HALL, LLP 200 North Third Street P. O. Box 840 Harrisburg, P A 17108-0840 Telephone: (717) 236-3010 Facsimile: (717-234-1925 Attornevs (or Michelle Reed PATRICIA SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERlAND COUNTY, PENNSYLVANIA v. NO. 05 -2916 CIVIL MICHELLE REED, Defendant PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT AND NOW, comes MICHELLE REED, Defendant, by her attorneys, NAUMAN, SMITH, SHISSLER & HALL, LLP, and hereby files the following Preliminary Objections to Plaintiffs Complaint pursuant to Pa. R.C.P. 1028: Count I - Demurrer - Failure to State Claim I. Patricia Smith commenced this action by filing a Complaint on or about July 7, 2005, after a Rule to File a Complaint was issued when Michelle Reed appealed the judgment against her, and in favor of Real Estate Relief Solutions LLC. 2. The Complaint alleges that Ms. Reed entered into a contract entitled "Residential Lease Purchase Agreement" for what was her home and residence located at 325 2nd Street, West Fairview, Ctunberland Cotmty, Pennsylvania 17025. 3. The Complaint asserts that the document entitled "Residential Lease Purchase Agreement" (hereinafter "Doctunent") constitutes a contract for real estate. 4. The purported 'contract' does not constitute a valid legal contract under Pennsylvania law. 5. Under Pennsylvania law, a valid and enforceable legal contract requires a bargained-for exchange: an offer, acceptance, and consideration for the agreement to solidify. 6. The Document that Plaintiff asserts is a contract does not contain material terms, the absence of which causes the proposed agreement to be void, and of no legal significance. 7. Plaintiff is the drafter of the Document she asserts :is a contract, as well as the 'Addendum' attached thereto. 8. As a matter oflaw, the terms of a document are construed against the drafter. 9. Plaintiff did not allege the existence or payment of consideration on her part for the property as would have been required under the Document had it become a contract. 10. Any contract must be supported by consideration, the adequacy of which is acknowledged by the parties, in order to be enforceable. 11. The Document was not supported by consideration evidencing that the parties agreed to be bound by any terms that were included in the Document and thus fails to constitute a contract. 12. In addition to alleging sufficient facts to show the existence of a contract entitled to enforcement, Plaintiff must allege a breach of material terms of the alleged contract, and damages that she suffered as a consequence of that breach. 13. Plaintiff fails to allege how the claimed damages in the asserted amount of $80,000 were caused by or suffered by her as a consequence to any action by Ms. Reed. 2 14. Because Plaintiff fails to allege facts to show offer and acceptance and consideration sufficient to transform a Document she drafted into a contract, or to allege the elements for a breach of contract claim- contract, breach and damages caused by the breach- Plaintiff cannot state a legally cognizable claim for breach of contract. WHEREFORE, because Plaintiff Patricia Smith, on the j'acts and with the Document presented, cannot state a claim for breach of contract as a matter of law, Michelle Reed, Defendant, respectfully requests this Honorable Court to grant her preliminary objection pursuant to Pa. R.C.P. 1 028( a)( 4) in the nature of a demurrer and dismiss Plaintiff s Complaint with prejudice. Count II - Failure to Conform to a Rule of Court, Rule 1019 15. Plaintiff attached the Document to her Complaint, representing it to constitute a contract. 16. Attached to the Document is an Addendum that asserts conditions to occur in the future prior to any agreement taking effect between the parties. 17. The Document, according to the terms within the Addendum, is contingent upon the happening of an event external to the contract for the sale of real estate. 18. The Addendum and unspecified material terms were dependent upon the securing of financing from an unnamed third party, which did not occur. 19. Both the Addendum and the Document appear to be signed on December 13, 2003. 20. Plaintiff's company that ostensibly made the agreement, Real Estate Relief Solutions, was only formed as an LLC on or about October 29,2003. 21. There are no other documents appended to the Complaint that are signed by both parties, or that purport to be an agreement. 3 22. There is no document attached to the Complaint that contains an enforceable contract. 23. Under Rule 1019, for any legal claim or defense, the document upon which the claim relies must be appended to the contract. 24. Under Pennsylvania law, a contract for the sale of real estate must be in writing. 25. Pennsylvania law also requires that a copy of any contract upon which a breach of contract claim is predicated be attached to the Complaint. 26. Plaintiff failed to attach a valid contract to her Complaint, and thus failed to conform to rule of pleading. WHEREFORE, because Plaintiff Patricia Smith, on the facts and with the Document presented, has failed to allege facts to show that there was a contract in effect at the time of the alleged breach, and has failed to attach to her Complaint a copy of a contract upon which her breach claim can be based, Michelle Reed, Defendant, respectfully requests this Honorable Court to grant her preliminary objection pursuant to Pa. R.C.P. 1028(a)(2) and 1019 and dismiss Plaintiff's Complaint for breach of contract with prejudice. Count III - Failure to Plead Damal!es with Sufficient Specificity 27. Plaintiff has asserted damages in the amount of $80,000, allegedly attributable to the conduct of Ms. Reed. 28. Plaintiff has failed to allege facts to show the composition of these damages. 29. As a matter of law, Plaintiff cannot be entitled to damages in the stated amount because she has not paid anything under the alleged contract. 4 30. As a matter of fact pleading in Pennsylvania, it is required that the damages for a breach of conduct must be pled with sufficient specificity to provide notice to the defendant as to the composition of the damages sought in the suit. 31. Plaintiff has failed to enumerate the items of dam.age as is required. 32. Plaintiffs failure to state with sufficient the basis for claiming damages in the amount of$80,000, greater than the admitted value of $77,000, or amount of$75,000 stated in the Document, without any facts to support such an inflated number makes it impossible for Ms. Reed to defend this action. WHEREFORE, because Plaintiff Patricia Smith has failed to sufficiently specify the damages she claims to have suffered as a consequence of the alleged breach of contract, as required, Michelle Reed, Defendant, respectfully requests this Honorable Court to grant her preliminary objection pursuant to Pa. R.C.P. 1028(a)(3). Count IV- Lack of Capacity to Sue. Nonjoinder of a Necessarv Party 33. Plaintiff Patricia Smith has filed the Complaint in her own name, claiming to have suffered damages in the amount of $80,000 as a consequence of Ms. Reed's alleged breach. 34. Plaintiff has failed to join as a party plaintiff Real Estate Relief Solutions, the company of which she claims to be the sole shareholder. 35. Plaintiff Patricia Smith approached Ms. Reed regarding the potential purchase of her property when trying to sell other properties as part of her business, Real Estate Relief Solutions. 36. As a representative of a business, Plaintiff undertook to make an arrangement to her financial benefit without any financial risk to herself or her business, and without making any 5 payments to Ms. Reed, who she has now sued in her own name, for more than the value of the property. 37. Plaintiff fails to allege facts with sufficient specificity to show that she suffered damages as opposed to her business on behalf of which she represented to Ms. Reed that she was making an arrangement. 38. In the action before District Justice Manlove for breach of contract, for which damages in the amount of$8,000 were awarded to Real Estate Relief Solutions, and from which Ms. Reed appealed, thus compelling the current Complaint to be filed, the party to the purported contract was represented to be Real Estate Relief Solutions. 39. Plaintiff has failed to file the Complaint in the name of the proper party to the dispute, and the party to which judgment in the amount of $8,000 was awarded. 40. Plaintiffs failure to file suit in the name of the proper party, in favor of which the judgment was rendered below constitutes proper grounds for a preliminary objection under 1028(a)(5). 6 WHEREFORE, Defendant Michelle Reed respectfully requests that the Complaint filed against her by Patricia Smith as Plaintiff be dismissed with prejudice pursuant to Pa. R.C.P. 1028(a)(5). NAUMAN, SMITH, SHISSLER & HALL, LLP BY: J~~~~i~OUI.Q~ Supreme Court ID #24580 Lucinda Glinn, ESllJ.uire Supreme Court ID# 84737 200 North Third Street, P. O. Box 840 Harrisburg, P A 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counselfor Michelle Reed Dated: July 26, 2005 7 CERTIFICATE OF SERVICE AND NOW, on the date stated below, I, Lucinda C. Glinn, Esquire, of the firm of Nauman, Smith, Shissler & Hall, LLP, hereby certify that I this day servel! the foregoing Preliminary Objections to Plaintiff's Complaint via U.S. Mail, addressed to the following: Andrew T. Kravitz, Esquire Law Offices Stephen C. Nudel, PC 219 Pine Street Harrisburg, PA 17101 NAUMAN, SMITH, SHISSLER & HALL, LLP BY:~ (l1J~ Lucinda C. Glinn, Esquire Supreme Court ID# 84737 200 North Third Street, P. O. Box 840 Harrisburg, P A 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel for Michelle Reed Date: July 26, 2005 8 . < ~ (~~ ~, ,-'::,-' . , ~;:1 ~ :.;-1 ~::"~ , I" -l (~,~) "~:..- ", . ! ,..<Y'"m~._"""'1l1\"""'""'!'",'~.r..! ,,,.,;. :',,! PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) PATRICIA SMITH, (PlailAifi) vs. MICHELLE REED, (Defendant) No. 05-2916 CIYIL Tenn 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections of Defendant to P1Aintiff'~ r.nmp1aint 2. Identify counsel who will argue cases: (a) for plaintiff: Andrew T. Kravitz. Esauire (Name and Address) 219 Pine Street, Harrisburg, (b) for defendant: Lucinda C. PA 17101 G1inn, Esauire (Name and Address) 200 North Third Street, Harrisburg, PA 17108-0840 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 20, 2005 C;(C&fA..1A/P~ Signature Lucinda C. /': ."1 (' ~__ V-{A.v-- G1inn Print your name Date, 7- /,;2 -0; AUomeyfor Defen dan t I~~-)I .-\ ;-,-1 c.:' c,", J. Stephen Feinour, Esquire Supreme Court ID #24580 Lucinda C. Goon, Esquire Supreme Court ID No. 84737 NAUMAN SMITH SHISSLER & HALL, LLP 200 North Third Street P. O. Box 840 Harrisburg, P A 17108-0840 Telephone: (717) 236-3010 Facsimile: (717-234-1925 Counsel for Defendant, Michelle Reed REAL EST ATE RELIEF SOLUTIONS LLC, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05 -2916 CNIL MICHELLE REED, Defendant PRAECIPE TO ENTER JUDGMENT OF NON PROS To: Prothonotary, Cumberland County, Pennsylvania Please enter judgment of non pros in favor of Michelle Reed, Defendant, and against Real Estate Relief Solutions LLC, Plaintiff, for failure to file a Complaint within twenty (20) days from service of Notice of Appeal and Praecipe to Enter Rule to File Complaint and Rule to File in the above matter (affidavit attached). NAUMAN, SMITH, SHISSLER & HALL, LLP Byd~~j;~ ~ Lucinda C.GOOn, Esquire Supreme Court J.D. No. 84737 200 N. 3rd Street, 18th Floor P. O. Box 840 Harrisburg P A 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel For: Michelle Reed ----:.. Dated: September 7, 2005 .. ... J. Stephen Feinour, Esquire Supreme Court ID #24580 Lucinda C. Glinn, Esquire Supreme Court ID No. 84737 NAUMAN SMITH SHISSLER & HALL, LLP 200 North Third Street P. O. Box 840 Harrisburg, P A 17108-0840 Telephone: (717) 236-3010 Facsimile: (717-234-1925 Counsel for Defendant, Michelle Reed REAL ESTATE RELIEF SOLUTIONS LLC, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05 -2916 CIVIL MICHELLE REED, Defendant AFFIDAVIT OF SERVICE I, Lucinda C. Glinn, Esquire, depose and say that I am counsel for Michelle Reed, Defendant, and that the Rule fro File Complaint was sent to Plaintiff Real Estate Relief Solutions LLC via certified mail on June 8, 2005, which was received and signed for on June 14,2005. See attached Letter and Return Receipt card for same. I further certify that service of a copy of the Notice of Praecipe to Enter Judgment of Non Pros for failure to file a complaint was mailed to Plaintiff Real Estate Relief Solutions LLC via certified mail on June 29,2005, and receipt signed for on June 30, 2005. I make this statement subject to the penalties of 18 Pa.C.S. 94904. ~~ G~1t~ Lucinda C. Glinn I .r'~ ./ .-</ p.~ LAW OFFICES NAUMAN, Sl.':1IITlHf, SHISSLER .81: HALL. LLP SPENCER G. NAUMAN, JR. J. STEPHEN FEINOUR GRAIG J. STAUDENMAIER BENJAMIN C. DUNLAP, JR. 18TH FLOOR 200 NORTH THIRD STREET P.O, Box 840 HARRISBURG, PENNSYLVANIA 17108-0840 TELEPHONE COUNSEL DAVID C. EATON JOH N C. SULLIVAN GUY P. BENEVENTANO (717) 236-3010 TELEFAX DIRECT E-MAIL ADDRESS NSSH@NSSH.COM WEBSITE ADDRESS WWW.NSSH.COM LUCINDA C. GLINN (717)" 234-1925 June 8, 2005 Via Certified Mail #7099 3400 0003 1161 9755 Return Receipt Requested Real Estate Relief Solutions LLC P. O. Box 75 Hummelstown, P A 17036 Re: Michelle Reed v. Real Estate Relief Solutions LLC No. 05-2916 Civil- Court of Common Pleas, Cumberland County, PA Ladies and Gentlemen: Enclosed please find Notice of Appeal from District Justice Judgment and Praecipe to Enter Rule to File Complaint which has been filed in the above matter. Sincerely, ,J . /7 /? it;! oZuJ1~~'l~l~.. CERTIFICATE OF SERVICE AND NOW, on the date stated below, I, Lucinda C. Glinn, Esquire, of the firm of Nauman, Smith, Shissler & Hall, LLP, hereby certifY that I this day served the foregoing Praecipe to Enter Judgment for Non Pros and Affidavit by United States Mail, postage prepaid, addressed to the following: Real Estate Relief Solutions LLC P. O. Box 75 Hummelstown, P A 17036 with a courtesy copy to: Andrew T. Kravitz, Esquire 219 Pine Street Harrisburg, P A 17101 NAUMAN, SMITH, SHISSLER & HALL, LLP By: d~~ Lucinda C. Goon, Esquire Supreme Court ID# 84737 200 North Third Street, P. O. Box 840 Harrisburg, P A 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel for Michelle Reed Date: September 7,2005 - ... MICHELLE REED Appellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA v. NO. 05 -2916 CNIL REAL ESTATE RELIEF SOLUTIONS LLC Appellee NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NON PROS To: REAL ESTATE RELIEF SOLUTIONS LLC Post Office Box 75 Hummelstown, P A 17036 PATRICIA A. SMITH Post Office Box 75 Hummelstown, P A 17036 Date of Notice: June 29, 2005 IMPORT ANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING ALA WYER. , ' 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 ELIGlBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 Telephone: 717-249-3166 or Telephone: 800-990-9108 NAUMAN, SMITH, SHISSLER & HALL By: ~G~ J. Stephen Feinour, Esquire Supreme Court ill #24580 Lucinda C. Glinn, Esquire Supreme Court I.D. #84737 200 N, 3rd Street, 18th Floor P. 0, Box 840 Harrisburg PAl 71 08-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel For: Michelle Reed Dated: June 29, 2005 - t~ r~ ~ ~ Its ..c: -- ---c; ~ p ~ ~o \) ~ ~ ~~ r- - ,.,,,.>>"~_._. ".", .-_. .... ..~ D:rl ---b r::- :W~ GJ \'" - . . r (;~ ~ ~ -vEL -3 4- ~ ~ -~ t -5 ~.~ \ o \0 L f- t 1- t- ~ ~ ~~ ~ ~ -1! -:::--- t l ..t --c \-4 R\ 1= ? -F RTIS R. LONG Prothonotary ",berland County Courthouse Square rlisle, PA 170] 3 Office of the Prothonotary Cumberland County Curtis R. Long Prothonotary LUCINDA C. GLINN, ESQ. 200 NORTH THIRD STREET HARRISBURG P A 171 08-0840 DATE: SEPTEMBER 15, 2005 TO: LUCINDA C. GLINN, ESQ: THIS IS TO NOTIFY YOU THAT CASE NUMBER 05-2916 CIVIL, PATRICIA SMITH VS. MICHELLE REED HAS BEEN LISTED FOR ARGUMENT ON OCTOBER 20, 2005. Cumberland County Argument Court Rules 1028(c), 1034(a) and 1035.2(a) shall be strictly enforced. If the o~ s ~INSUFFICIENT ADDRESS b ATTEMPTED NDT KNDWN 0 DTHER o NO SUCH NUMBERI STREET II!I'NOT DELIVERABLE AS ADDRESSED __ Ii LUCINDA C, GlINN, ESQ. 200 NORTH THIRD STREET HARRISBURG PA 17108-0840 06' - d-q[t;. PATRICIA SMITH, PLAINTIFF V. MICHELLE REED, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-2916 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO COMPLAINT OF PLAINTIFF BEFORE BAYLEY, J. AND GUIDO. J. AND NOW, this ORDER OF COURT ;zJ..A, day of November, 2005, the demurrer of defendant to the complaint of plaintiff, IS GRANTED. Plaintiff's complaint, IS DISMISSED. By the Court, ,~ W Stephen C. Nudel, Esquire For Plaintiff Lucinda Glinn, Esquire For Defendant :sal Edgar B. Bayley, J. > . / ~<u /)viAJ!u{ //~21 0' /L. '~ ("'J L.f:\ (....1 \,'..- C'") ''1 U.! ~: ~j PATRICIA SMITH, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE REED, DEFENDANT 05-2916 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO COMPLAINT OF PLAINTIFF BEFORE BAYLEY, J. AND GUIDO, J. OPINION AND ORDER OF COURT Bayley, J., November 23, 2005:-- On July 8, 2005, plaintiff, Patricia Smith, filed a complaint against defendant, Michelle Reed. She attached a Residential Lease Purchase Agreement dated December 13, 2003, between herself and defendant for 325 Second Street, West Fairview, Cumberland County. The Agreement provides inter alia: THIS AGREEMENT, dated December 13, 2003 is between Michelle Reed, the Landlord and Patricia Smith, the Tenant. In consideration of the payment of rent and the keeping and performance of the covenants and agreements by the Tenant hereinafter set forth, the Landlord does hereby lease unto the Tenant, the following described premises situate in the County of Cumberland, State of Pennsylvania to wit: (Insert Legal Address) Parcel number 45-17 -1044- 082. With a street address of: 325 2nd St. West Fairview, PA 17025. The said premises, as described above, are hereby leased to the Tenant for a term of 12 months commencing December 13, 2003. Rent for the premises is payable in monthly installments of 'see adendum [sic] 1, to be paid on or before the first day of the month for which rent is due. $ of eaoh on time rent payment shall be oredited toward the purohase prioe of the property. Payments to commence 'see adendum [sic] 2. This Agreement shall automatically renew for 4 additional 12 month periods following the expiration of the initial 05-2916 CIVIL TERM term unless Tenant gives 30 days notice prior to any renewal. THE TENANT, IN CONSIDERATION OF THE LEASING OF SAID PREMISES AS AFORESAID, COVENANTS AND AGREES AS FOLLOWS: To pay the rent for said premises as hereinabove provided; To keep said premises in good condition and repair and at the expiration of this lease to surrender and deliver up the same in as good order and condition as when entered upon, loss by fire, inevitable accident, act of God or ordinary wear and tear excepted; IT IS FURTHER MUTUALLY AGREED that if the tenant shall be in arrears in the payments of any installment of rent, or any portion thereof, or in default of any covenants and agreements herein contained to be performed by the Tenant, which default shall be uncorrected for a period of five (5) days after the Landlord has given written notice thereof, Landlord may, at his option, without liability for trespass or damages, in any manner as allowed by law; declare the term of this lease ended; repossess the said premises as of the Landlord's former estate; peaceably expel and remove the Tenant, those claiming under him, or any person or persons occupying the same and their effects; all without prejudice to any other remedies available to the Landlord for arrears of rent or breach of covenant. IT IS FURTHER MUTUALLY AGREED that the Landlord, in consideration of the performance of all the covenants and agreements herein to be performed by the Tenant under the lease, and for Tenant agreeing to perform all minor repairs to the property during the term of the said lease, hereby grants to Tenant an exclusive option to purchase the above described premises at any time during the term of this lease or any renewals for the sum of $75,000, payable as follows: $1.00 paid cash today with $100.00 due at closing as full payment of Landlord's equity. The Landlord, upon payment of said purchase money, shall convey said premises by warranty deeds, and warrants that only those liens listed herein exist and that no additional liens will be placed against the property during the term of this agreement. Current balance due of any encumbrances are as follow: 'see adeundum [sic] 3 and landlord shall furnish a policy of title from a reputable title insurance company at his expense so showing. Additional Provisions: 1. Utilities: Tenant agrees to pay all water, sewer, gas, and electric charges incurred during his tenancy. 2. Maintenance: The Tenant shall be responsible for all maintenance and repairs as needed or requested by the Tenant that do -2- 05-2916 CIVIL TERM not cumulatively exceed $200.00 per month. Any amount of the above repairs over $200.00 per month shall be paid by Landlord. If the Landlord cannot or will not make the repairs as specified in this agreement within 10 days of notice then the Tenant will have the option of either voiding this agreement by written notice to the Landlord or making such repairs and receiving a credit toward any future payments due Landlord. (Emphasis added.) The written addendums attached to the Agreement are: Addendum 1 - monthly rent to be determined when loan is secured by seller. Addendum 2 - payments to commence when seller secures loan and vacates property leaving it in move in, broom swept condition. Addendum 3 - seller will be acquiring a home equity loan for $75,000. Information to be recorded when loan is secured. (Emphasis added.) Plaintiff alleges that on September 14, 2004, defendant advised her by telephone that she was terminating the Agreement. Bya letter dated September 14, 2004, plaintiff advised defendant that she did not agree with the termination. Defendant then wrote plaintiff the following letter on September 17. 2004: The Lease Purchase Agreement for the property located at 325 2nd Street West Fairview, Pa 17025 is terminated. Since the conditions for securing the home equity loan cannot be met, the above-mentioned contract is rendered null and void effective immediately. The contract does not specify any fee or penalty for failure to commence; therefore, the contract is cancelled at no cost to either party. As noted in the agreement, a cash payment of one dollar received on December 13, 2003 is being refunded to you. . . . Plaintiff alleges that because she did not default, defendant wrongfully cancelled the Agreement. She alleges that defendant sold the property to a third person in violation of her exclusive option to purchase. She seeks monetary damages consisting "of lost revenue over the term of the Purchase Agreement and lost profits on the future -3- 05-2916 CIVIL TERM sale of the home." Defendant filed preliminary objections to the complaint which includes a demurrer. The objections were briefed and argued on October 20,2005. In determining if a demurrer should be granted, all well-pleaded facts and inferences reasonably deducible from the pleadings are accepted as true. Realty Group Associates, Inc. v. Divosevic, 408 Pa. Super. 326 (1991). Defendant argues that plaintiff has not stated a claim because the exclusive option to purchase was conditioned upon "consideration of the performance of all of the covenants and agreements herein to be performed by Tenant under the lease, and for Tenant agreeing to perform all minor repairs to the property during the term of said lease. . . " (Emphasis added.) The formation of an enforceable contract requires an offer, acceptance, consideration or mutual meeting of the minds as to essential terms of the contract. See Jenkins v. County of Schuylkill, 658 A.2d 380 (Pa. Super. 1995). The Residential Lease Purchase Agreement was conditioned upon defendant securing a loan on the property, the monthly rent then being determined between the parties, after which defendant would vacate the property. This never occurred. The amount of rent is an essential element of a lease. There being no enforceable lease, the exclusive option to purchase is unenforceable because it was conditioned upon there being a lease which was never consummated. Accordingly, the following order is entered. -4- 05-2916 CIVIL TERM AND NOW, this ORDER OF COURT ~ day of November, 2005, the demurrer of defendant to the complaint of plaintiff, IS GRANTED. Plaintiff's complaint, IS DISMISSED. B'C/?7 Edgar B. Bayley, J. Stephen C. Nudel, Esquire For Plaintiff Lucinda Glinn, Esquire For Defendant :sal -5- . PATRICIA SMITH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 05-2916 MICHELLE REED, CIVIL ACTION - LAW Defendant NOTICE OF APPEAL Notice is hereby given that Patricia Smith, Plaintiff above named, hereby appeals to the Superior Court from the Order entered in the matter on November 23, 2005. This Order has been entered in the docket as evidenced by the attached copy of the docket entry. Respect,fully: submitted, ,1. Date: 12/20/05 LAW 9RfrCESj STEPHEN C. NUDEL, PC I i ( Y,,)v(,/ StephenVC. Nudel, Esquire Attorney ID #41703 Andrew T. Kravitz, Esquire Attorney ID #80142 219 pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff un14812202005 PYS510 2005-02916 Reference No. . : Ca.se Type.....: APPEAL Judgment.. _... Judge Assioned: Disposed Desc. : ------------ Case Comments ------------- Cumberlanci County Prothonotary's Office Civil Case Print Page 1 REAL ESTATE RELIEF SOLUTIONS (vs) REED MICHELLE Filed... . Time. .. _ . 6/07/2005 12:38 0/00/0000 0/00/0000 DJ .00 Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: ****************************************~*************************************** General Index Attorney Info REAL ESTATE RELIEF SOLUTIONS LLC POBOX 75 HUMMELSTOWN PA 17036 REED MICHELLE 6231 WARREN AVENUE HARRISBURG PA 17112 PLAINTIFF DEFENDANT G:~EIM LUCINDA C Judgment Index REAL ESTATE RELIEF SOLUTIONS LLC Amount Date Desc 9/14/2005 JUDGMENT OF NON PROS ***************************************************,~**************************** * Date Entries * ***************************************************j~**************************** 6/07/2005 6/07/2005 7/08/2005 7/27/2005 9/14/2005 9/14/2005 9/14/2005 11/23/2005 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - APPEAL FROM DISTRICT JUSTICE JUDGMENT ----------------------------------------.--------------------------- PRAECIPE TO ENTER RUI,E TO FILE COMPLAINT AND RUl..E TO FILE ----------------------------------------.--------------------------- COMPLAINT - BY STEPHEN C NUDEL ESQ FOR PLFF ----------------------------------------"--------------------------- PRELIMINARY OBJECTIONS OF DEFT TO PLFF'S COMPLAINT - BY LUCINDA GLINN ESQ ----------------------------------------,--------------------------- PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS AND JUDGMENT ENTERED ----------------------------------------,--------------------------- NOTICE MAILED ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR ARGUMENT - PRELIMINARY OBJECTIONS OF DEFT TO PLFF'S COMPLAINT - BY LUCINDA C GLINN ESQ FOR DEFT ------------------------------------------------------------------- ORDER OF COURT - DATED 11/23/05 - IN RE PRELIMINARY OBJECTIONS OF DEFT TO COMPLAINT OF PLFF - THE DEMURRER OF DEFT TO THE COMPLAINT OF PLFF GRANTED - THE PLFF'S COMPLAINT IS DISMISSED - BY THE COURT EDGAR B BAYLEY J COPIES MAILED - - - - - - - - - - - - - - L.!l.ST ENTRY - - - - - - - - - - - - - - ******************************************************w************************* *. Escrow Information . * Fees & Deblts Beo Bal Pvmts/Adi End Bal * ********************************~********~******~******************************* APPEAL D.J. TAX ON APPEAL SETTLEMENT AUT01":ATION FSE JCP ?SE JDMT 35.00 .25 5.00 5.00 .:. c', CD 9 00 35.00 .25 5.00 5.DO ::'0.00 9.00 .00 .00 .00 .OC .co .00 -~-------~~------------- ------------ 64.25 64.25 .00 *********************** ***** **********~**********************~**************** * , , ,End 0::: Case :n crmat on *~~*~*****~************ ***** *******~**********~***"**************************** PATRICIA SMITH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 05-2916 MICHELLE REED, CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: Honorable Edgar B. Bayley Court of Common Pleas Cumberland County 1 Courthouse Square Carlisle, PA 17013-3387 Lucinda C. Glinn, Esquire Nauman, Smith, Shissler & Hall 18th Floor 200 North Third Street P.O. Box 840 Harrisburg, PA 17108-0840 /'. /,1' ~ / ! f, , I / i I f ~~; Kravit, Attorney ID #8014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorney for Plaintiff r: ,/ Date: 12/20/05 tf -- ~ -- ...-( ~ (J \ -- ..t V\ "'<;:;l -..() ...{q., 0J () Q () -~ F ~ +-- -.L.. " ~; .-> c.;:l ~ c:J \-q C"> N ~ --I -r.-n G'r m ?t~t,i; -c: ryw , j... ~~cn '~..<\ ':? ~b en :..<. ,c'O. 11:3l;,A.M. "" Appeal Docket Sheet Docket Number: 2152 MDA 2005 Page 1 of 3 December 27, 2005 Superior Court of Pennsylvania ))' d.(JI~ (','f;1 - Patricia Smith, Appellant v. Michelle Reed Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: December 27,2005 Awaiting Original Record Journal Number: Case Category: Civil CaseType: Related Docket Nos,: Civil Action Law Consolidated Docket Nos.: Next Event Type: Receive Docketing Statement Next Event Type: Original Record Received SCHEDULED EVENT Next Event Due Date: January 10, 2006 Next Event Due Date: February 6, 2006 1212712005 3023 11:3olA.M...... Superior Court of Pennsylvania Appeal Docket Sheet Docket Number: 2152 MDA 2005 Page 2 of3 December 27, 2005 - Appellant Pro Se: IFP Status: Appellee Pro Se: IFP Status: COUNSEL INFORMATION Smith, Patricia Appoint Counsel Status: No Appellant Attorney Information: Attorney: Nudel, Stephen C. Bar No.: 41703 Law Firm: Nudel, Stephen C., PC. Address: 219 Pine Street Harrisburg, PA 17101 Phone No.: (717)236-5000 Fax No.: (717)236-5080 Receive Mail: Yes E-Mail Address: Receive E-Mail: No Attorney: Kravitz, Andrew T. Bar No.: 80142 Law Firm: Nudel, Stephen C., P.C Address: Law Ofcs of Stephen C Nudel PC 219 Pine Street Harrisburg, PA 17101 Phone No.: (717)236-5000 Fax No.: (717)236-5080 Receive Mail: No E-Mail Address:akravitz@nudelpc.com Receive E-Mail: No Reed, Michelle Appoint Counsel Status: Appellee Attorney Information: Attorney: Glinn, Lucinda Carolyn Bar No.: 84737 Law Firm: Nauman, Smith, Shissler & Hall, LLP Address: 200 N 3rd Street PO. Box 840 Harrisburg, PA 17108-0840 Phone No.: (717)236-3010 Fax No.: Receive Mail: Yes E-Mail Address: Receive E-Mail: No FEE INFORMATION Fee Date 12/23/05 Fee Name Notice of Appeal Fee Amt 60.00 Paid Amount 60.00 Receipt Number 2005SPRMD001120 lurt Below: 1/27/2005 TRIAL COURT/AGENCY INFORMATION Cumberland County Court of Common Pieas 3023 11:J1IA.M. " Appeal Docket Sheet Docket Number: 2152 MDA 2005 Pa~e 3 of 3 December 27,2005 Superior Court of Pennsylvania '* County: Cumberland Date of Order Appealed From: Date Documents Received: Order Type: Order Entered November 23, 2005 December 23, 2005 Division: Civil Judicial District 9 Date Notice of Appeal Filed: December 21, 2005 OTN: Judge: Bayley, Edgar B. Judge Lower Court Docket No: 05-2916 ORIGINAL RECORD CONTENTS Original Record Item Filed Date Content/Description Date of Remand of Record: BRIEFS Filed Date DOCKET ENTRIES Docket EntryfDocument Name Party Type Filed By December 27, 2005 Notice of Appeal Filed Appellant Smith, Patricia December 27, 2005 Docketing Statement Exited (Civil) Middle District Filing Office 12/27/2005 3023 PATRICIA SMITH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 05-2916 MICHELLE REED, CIVIL ACTION - LAW Defendant CONSICE STATEMENT PURSUANT TO LOCAL RULE 1925 AND NOW, comes Plaintiff, patricia Smith, by and through her attorneys, the Law Offices SU!phen C. Nude 1 , PC, and respectfully files this Concise Statement of Matters Complained of and Intended to be Argued on Appeal: 1. The Court dismissed the Plaintiff's Complaint finding since the Residential Lease Purchase Agreement was conditioned upon Defendant securing a loan on the property, and since the Defendant never secured a loan, the lease was never consummated. 2. The Court also found that the exclusive option to purchase was conditioned upon there being a lease, and since the lease was never consummated, the exclusive option to purchase was unenforceable. 3. The Court has made an error of law in dismissing the Plaintiff's Complaint. 4. While it is agreed that that the lease was contingent on Defendant obtaining financing, Defendant has the obligation under the terms of the Agreement to obtain this financing in a diligent and good faith manner. 5. Plaintiff has alleged in her Complaint that Defendant cancelled the contract without cause. Defendant alleges in her Preliminary Objections that the contract was cancelled because financing contingency could not be met. This is a question of fact. 6. Agreements subject to a condition precedent of obtaining financing are valid and binding. Such an agreement imposes a requirement of a diligent and good faith effort on the part of the party seeking the financing to secure proper financing. A party's ability to cancel such a transaction can be exercised only if, after a good faith effort, he is unable to obtain the financing. 7. Defendant produced no evidence that Defendant tried to obtain financing, was denied financing, or that Defendant took any steps to obtain the financing Defendant promised to obtain. 8. Defendant had an obligation to seek the financing in a diligent and good faith manner before the Defendant could have cancelled the Agreement for lack of financing. 9. The Defendant cancelled the contract without providing any evidence of even an attempt to obtain financing. 10. The Courts Decision on Defendant's Preliminary Objections fails to even address the Defendant's obligation to obtain financing in a diligent and good faith manner. 11. The Agreement remains valid and binding unless or until the Defendant is unable to obtain financing after a diligent and good faith effort to obtain the same. As Defendant has not yet produced any evidence that financing was unavailable, or that Defendant even tried to obtain the financing as agreed. and none of these facts are of record, the Agreement remains valid and binding, and the Courts decision is in error. 12. As the Agreement remains valid and binding, the Defendant has breached the terms of the Aqreement by selling the Property to a third party prior to showing or providing any evidence that attempts to obtain financing in a diligent and good faith matter have failed, in violation of the terms of the Agreement, and particularly the option to purchase the property. 13. The Court has made an error of law in findinq that the Agreement is not enforceable. As the Court has made an error of law in finding that the Agreement was not enforceable, the Court has also made an error of law in finding that the exclusive option to purchase is not enforceable. 14. The Agreement remains a valid and binding contract and Defendant has breached the Agreement by canceling the Agreement without cause. 15. The Courts decision dismissing the Plaintiff's Complaint should be overruled. Date: Respectfully Submitted, LAW OFFICES STEPHEN C. NUDEL, PC , -, ,'" ......... ,- < .;. --)'- ....--'J I, \ k ; \.) ,j.."..;\." '-... \ Stephen C. Nude 1 , Esquire Attorney ID #41703 Andrew T. Kravitz, Esquire Attorney ID #80142 219 pine Street Harrisburg, PA 17101 (717) .236-5000 Attorneys for Plaintiff PATRICIA SMITH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 05 -2916 MICHELLE REED, CIVIL ACTION - LAW Defendant CERTIFICATE OF SER11ICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: Honorable Edgar B. Bayley Court of Common Pleas Cumberland County 1 Courthouse Square Carlisle, PA 17013-3387 Lucinda C. Glinn, Esquire Nauman, Smith, Shissler & 18th Floor 200 North Third Street P.O. Box 840 Harrisburg, PA 17108-0840 Attorney for Defendant Hall Date: \J.3t-oS /'n . ! {1' /, ! 'L-/I L""l,J\j ( / Andrew T. Krav:N:-Z, Esquire Attorney ID #80142 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorney for Plaintiff ~, c..) , :::.:~l !.X~ L_ :. c> ~n .-1 ~- (i,:Q f'" ~n '-.oF rl) r'.' u. (0) I :.',) -< (r'l 0~ ... J. 528035/06 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 PATRICIA SMITH, Appellant IN THE SUPERIOR COURT OF PENNSYLVANIA v. MICHELLE REED, Appellee No. 2152 MDA 2005 Appeal from the Order Entered November 23, 2005, Court of Common Pleas, Cumberland County, Civil Division, at No. 05-2916. BEFORE: JOYCE, BENDER, and JOHNSON, JJ. MEMORANDUM: FILED: July 20, 2006 Patricia Smith appeals the trial court's order sustaining Michelle Reed's preliminary objections in the nature of a demurrer and dismissing Smith's breach of contract action. Smith asserts that the trial court erred because she set forth all facts necessary in her complaint to recover for a breach of contract claim against Reed. For the following reasons, we affirm the trial court order sustaining Reed's preliminary objections. The facts of this matter are as follows: Smith and Reed had a written contract that was executed on December 13, 2003. The contract was intended to be a residential lease agreement and included an exclusive option to purchase the property, which at the time was inhabited by Reed. . J. 528035/06 Additionally, Smith's option to purchase was secured by the payment of $1.00 and the promise to pay $100.00 at closing. The lease agreement, however, did not include material terms such as the monthly rent or a date upon which Reed would vacate the property, and was contingent upon Reed securing financing. On August 27, 2004, Reed terminated the contract and listed the property for sale. Smith then contacted Reed on October 4, 2004, and told her that she contested the termination of the contract, and was ready and willing to meet her obligation. On November 4, 2004, Reed sold the property to a third party. On March 11, 2005, Smith filed a claim in Magisterial District Court for the maximum allowable, $8000. On May 16, 2005, the Honorable Robert Manlove rendered judgment against Reed in the amount of $8000. Reed then filed an appeal to the Cumberland County Court of Common Pleas. Reed, as Defendant in the de novo appeal, filed preliminary objections in the nature of a demurrer, as well as on other legal grounds, and oral arguments were held. On November 23, 2005, the trial court granted Reed's preliminary objections and dismissed Smith's Complaint for failure to state a claim. Smith now appeals raising the following question for our review: I. Whether the Cumberland County Court of Common Pleas properly sustained the preliminary objections in the nature of a demurrer filed by Appellee, and properly dismissed with prejudice Appellants' complaint for Breach of Contract[?] -2- .. .. J. 528035/06 Brief for Appellant at 4. Our scope of review is plenary when reviewing a trial court's order sustaining preliminary objections in the nature of a demurrer. See DeMary v. Latrobe Printing and Pub. Co., 762 A.2d 758, 761 (Pa. Super. 2000). "In order to determine whether the trial court properly sustained Appellee's preliminary objections, this court must consider as true all of the well- pleaded material facts set forth in the complaint and all reasonable inferences that may be drawn from those facts." Glassmere Fuel Service Inc. v. Clear, u_ A.2d uu, 2006 WL 1314108 at *3 (pa. Super. May 15, 2006). In conducting appellate review, preliminary objections in the nature of a demurrer may be sustained by the trial court only if the case is free and clear of doubt. See Knight v. Northwest Sav. Bank, 747 A.2d 384, 386 (Pa. Super. 2000). "To be clear and free from doubt that dismissal is appropriate, it must appear with certainty that the law would not permit recovery by the plaintiff upon the facts averred." Styers v. Bedford Grange Mut. Ins. CO.,u- A.2d uu, 2006 WL 1390581, at *3 (pa. Super. May 23, 2006) (citing DeMary, supra, at 761. In the instant matter, Smith contends that "[her] complaint sets forth facts establishing the existence of the contract, the specific provisions of the contract breached, the actions taken by [Reed] evidencing the breach, and -3- .. ~ J. 528035/06 the damages caused by said breach." Brief for Appellant at 9. The trial court granted Reed's preliminary objections because, citing a failure to state a cause of action, it found that the lease agreement was not an enforceable contract. Trial Court Opinion, 11/23/2005, at 4. In his opinion and order of the court, the Honorable Edgar Bayley clearly and succinctly stated his reasoning for sustaining Reed's preliminary objections. The Residential Lease Purchase Agreement was conditioned upon defendant securing a loan on the property, the monthly rent then being determined between the parties, after which defendant would vacate the property. This never occurred. The amount of rent is an essential element of a lease. There being no enforceable lease, the exclusive option to purchase is unenforceable because it was conditioned upon there being a lease which was never consummated. T.C.O., 11/23/2005, at 4. We cannot reconcile Smith's contention with the facts before us. This Court has previously concluded that "in order to form an enforceable contract, there must be an offer, acceptance, consideration or mutual meeting of the minds." .Jenkins v. County of Schuylkill, 658 A.2d 380, 383 (Pa. Super. 1995) (quoting Schreiber v. Olan Mills, 627 A.2d 806, 808 (Pa. Super. 1993)). Smith's complaint fails to allege facts sufficient to satisfy these prerequisites. It is uncontested that Reed did not secure a loan on the property, determine an appropriate monthly rent, or set a date by which to vacate the property. Because these elements were necessary to -4- . J. 528035/06 demonstrate a meeting of the minds and in Smith's complaint she does not assert that these material terms were present, we find that the trial court did not err and Smith's arguments are meritless. Accordingly, we affirm the order sustaining Reed's preliminary objections. Order AFFIRMED. Judgment Entered: July 20, 2006 Date: -5- 2 s -o~'"l,..; fTlr" Z'J'~ zc._ (j) ;;" :::<. .,coo ~ ~\..i 'J:>oc, ";20 5c ~ ~ <::::) ~ c/) CJ N o ~ 'f? w -.J ~ ~:n -o~ 6~ ~~ 9 ~