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Home My WebLink About05-3578 Tosha A. Darr & Ryan L. Weigle Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW ~~ ~ 0 j -,,^^,", : NO: - 05'''' 35'1 B ~ JPv" , Robert C. Reisinger & Cathy J. Reisinger, husband and wife, Defendants : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of summons shall be issued and forwarded to Respectfully submitted, ~(,n":G" BAyLEY & WHARE 1-1 S -05 J_\JJI.'/ r:of -> Wk," {$t James 1. Nelson, Esquire I 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court lD # 91144 Attomey for Plaintiffs WRIT OF SUMMONS Date: July 15,2005 To The Above Named Defendants: Robert C. and Cathy J. Reisinger C/o Timothy Colgan, Esquire THE WILEY GROUP 130 W. Church Street Suite \00 Dillsburg, PA 170\9 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. // ~~~ fl... A~ prothkorary -{I Date: '1/ f;J / () ~ ~ ~ ~C\ ~. ~\ \ \ '-.... ~ ~ w ~ r ~ V ,\ \.J, '(} o ~ () -L,-:-.,) -0 c~ <- ::;l C::: A:n r~.- , r"~ -oj" (Jj s5'6 =J: ~..) ~~ :".::~ rr, \~ ~-i - ~i5 c....) -, ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOSHA A. DARR & RYAN L. WEIGLE, Plaintiffs No. 2005 - D~) - ~ 'S 7 g c.,\ \fl' I j-Gr rVI v. Civil Action - Law ROBERT C. REISINGER & CATHY J. REISINGER, husband and wife, Defendants PRAECIPE FOR LIS PENDENS To the Prothonotary: Please index the above-captioned action as a lis pendens against the following real property: all that certain premises situate and known as 1351 West Trindle Road, Carlisle, Cumberland County, Pennsylvania. I hereby certify that this action affects title to or other interest in the above-described real property. , BAYLEY & WHARE Attorney for Plaintiff Dated: July 14, 2005 ~ - ~ " w ~ u -~ ~ -..t. --- "\ W ~ ~ \ CJ C r-> "'" ~ ,-. c:: .. ~ :t-n ':'~\.-, ~ il,'? ~ ; ~;~ 51\1 ,.A -C>' ~.~ - ':.9 0:> Tosha A. Darr & Ryan 1. Weigle Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO: 3578 - 2005 Robert C. Reisinger & Cathy J. Reisinger, husband and wife, Defendants : JURY TRIAL DEMANDED AMENDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue an amended writ of summons in the above captioned action. Amended Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County at One Courthouse Square, Carlisle, Pennsylvania. ~ James Nelson, Esquire outh Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 91144 Attorney for Plaintiffs AMENDED WRIT OF SUMMONS Respectfully submitted, ROMIN. l~ , BAYLEY & WHARE \ Date: July 18,2005 To The Above Named Defendants: Robert C. and Cathy J. Reisinger 25 Old Stonehouse Road, South Carlisle, PAl 70 I 3 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: 7 II <q J 0 ~ C LLA]~~ Ie. ,?('~ Prothonotary _ r BY:~ -ffj~~ o Depu o f~~ ~ e-=:> CoM <- c:: .- ". :z Cf? ~ ~:n ~J F.j ~nC C)6 ~:i:3J l;:O ::;:~ri1 o -,~,t ;?,: :~ ( >J:l c- SHERIFF'S RETURN - REGULAR CASE NO: 2005-03578 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DARR TOSHA A ET AL VS REISINGER ROBERT C ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon REISINGER ROBERT C the DEFENDANT at 1639:00 HOURS, on the 20th day of July at 25 OLD STONEHOUSE ROAD , 2005 CARLISLE, PA 17013 by handing to ROBERT C REISINGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.80 .00 10.00 .00 32.80 So Answers: ~9~ed~ R. Thomas Kline 07/21/2005 ROMINGER BAYLEY WHARE Sworn and Subscribed to before By: I tJ-l me this .;/.(, e. day of ~ :J.t>oS A.D. (~ . "- "' I. . )111 DOt-v -- t>'rot\;onotary I ~ eriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-03578 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DARR TOSHA A ET AL VS REISINGER ROBERT C ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon REISINGER CATHY J the DEFENDANT , at 1639:00 HOURS, on the 20th day of July at 25 OLD STONEHOUSE ROAD 2005 CARLISLE, PA 17013 by handing to ROBERT REISINGER, HUSBAND a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ^ /'4~f ~7d:;;.;>"'S'"~c.: 1'"~U' R. Thomas Kline me this ,2(, ~ day of 07/21/2005 ROMm::~ BAYLA: AJr--) Depu~eriff Sworn and Subscribed to before A.D. a othonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ToshaA. Darr & Ryan L. Weigle Plaintiffs v. : CIVIL ACTION - LAW : NO: 3578 - 2005 Robert C. Reisinger & Cathy J. Reisinger, husband and wife, Defendants : JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish t() 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 WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tosha A. Darr & Ryan L. Weigle Plaintiffs v. : CIVIL ACTION - LAW : NO: 3578 - 2005 Robert C. Reisinger & Cathy J. Reisinger, husband and wife, Defendants : JURY TRIAL DEMANDED CC.t1PLAINT AND NOW, this :;~ day of November, 2005, come the Plaintiffs, Tosha A. Darr and Ryan L. Weigle, by and through their attorneys, Rominger, Bayley & Whare, and fIle the following Complaint and in support thereof aver as follows: 1. Plaintiffs, Tosha A. Darr and Ryan L. Weigle, are adult individuals and reside at 70 North Middleton Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendants, Robert C. Reisinger and Cathy J. Reisinger, husband and wife, are adult individuals and reside at 25 Old Stonehouse Road South, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendants are the owners of a parcel of land with improvements thereon located at 1351 West Trindle Road, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter referred to as the "Property"). 4. On or about June 9, 2005, Plaintiffs and Defendants entered into an agreement for sale (hereinafter referred to as the "Agreement"), whereby Defendants agreed to sell and Plaintiffs agreed to purchase the Property referenced in Paragraph 3, above, for the sum of $137,000.00. A copy the Agreement is attached hereto as Exhibit A and incorporated by reference as if fully set forth herein. 5. The Agreement called for and Plaintiffs provided to Defendants the sum of $4,000.00 in advance of the Agreement's execution. 6. The Agreement called for and Plaintiffs provided to Defendants the sum of $6,000.00 on the date of the Agreement's execution. 7. Per mutual understanding between Plaintiffs and Defendants, and consistent with the terms of the Agreement, Plaintiffs were to take possession of the property on July 1, 2005. 8. Per mutual understandiI'g between Plaintiffs and Defendants, and consistent with the terms of the Agreement, Defendants were responsible for and undertook to complete a lengthy list of tasks, to include a new roof and the installation of floating hardwood floors in the kitchen and dining room; said tasks were to be completed by July 1, 2005. To date, Defendants have not completed the work and repairs specified in the Agreement. 9. As a result of Defendants' failure to properly maintain the Property, it is now in a severe state of disrepair and not suitable for habitation. Photographs which depict in part the abysmal condition of the Property are attached hereto as Exhibit B and incorporated by reference. 10. At all times relevant hereto, Plaintiffs were ready, able, and willing at to perform all terms of the Agreement. 11. Defendants have committed material breaches of the Agreement. 12. By reason of Defendants' failure, refusal, and inability to convey the premises to Plaintiff, thus breaching Agreement, Plaintiffs' deposit of$IO,OOO.OO became due and payable by Defendants to Plaintiffs. 13. As a consequence of Defendants' breach[es] of contract, Plaintiffs, via their attorney, notified Defendants that Plaintiffs were exercising their right to terminate the Agreement and demanded the return of their $10,000.00 deposit. 14. Notwithstanding Defendants' liability to repay the deposit and reimburse Plaintiffs for the charges and expenses incurred, Defendants have wholly failed and refused to do so. 15. In reliance upon the Agreement, Plaintiffs took numerous steps in anticipation of a planned move, to include altering child care arrangements for their 20 month-old daughter, canceling the lease on their apartment, discontinuing and! or transferring utilities, and providing address change notifications to the United States Postal Service, friends and family, creditors, and business contacts. 16. Plaintiffs have incurred damages and costs in an amount no less than $6,000.00, in addition to attorney fees. WHEREFORE, Plaintiffs demand judgment against Defendants for the sum of $16,000.00, with interest from July 1,2005, and any other relief which this Honorable Court deems appropriate, to include reasonable attorney fees. Respectfully ubmitted, ames Nelson, Esquire 155 Sou Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 91144 Attorney for Plaintiffs VERIFICATION I verify that I am the Plaintiff and that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4904, relating to unsworn falsification to authorities. Date: 1 0'<:. J ) ~~~!\I\ Tosha A. Darr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tosha A. Darr & Ryan 1. Weigle Plaintiffs v. : CIVIL ACTION - LAW : NO: 3578 - 2005 Robert C. Reisinger & Cathy J. Reisinger, husband and wife, Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ~Y? day of November, 2005, I, James I .Nelson, Esquire, hereby certifY that I have this day served the following person with copies of the foregoing Complaint, via USPS First Class Mail, Postage Prepaid, and Certified Mail, Return Receipt Requested: Robert C. Reisinger and Cathy J. Reisinger 25 Old Stonehouse Road South Carlisle, Pennsylvania 17013 R, SA YLEY & WHARE Attorneys for Plaintiffs EXHIBIT A SALES AGREEMENT AGREEMENT made this ~,v6 ~ ,;(o,)5 day of2005 by and between Robert C. Reisinger and Cathy J. Reisinger. hereinafter referred to as Sellers, and Ryan L. Weigle and Tosha A. Darr, hereinafter referred to as Purchasers. WITNESSETH The parties hereto, intending to be legally bound, mutually agree as follows: I. Sellers hereby agree to sell and convey to Purchasers. who hereby agree to purchase, subject to the performance by Purchasers of all the covenants, provisions and conditions hereinafter set forth, ALL THAT CERTAIN premises situate and known as I :\51 West Trindle Road, Carlisle, Cumherland County, Pennsylvania, for the sum of ONE HUNDRED THIRTY SEVEN THOUSAND AND 00/100 Dollars ($137,000.00), subject to the following terms and conditions: (a) FOUR THOUSAND AND 00/100 Dollars ($4,000.00) in advance of execution of this Agreement, receipt whereof is hereby acknowledged. (b) SIX THOUSAND AND 00/1 00 Dollars ($6,000.00) on date of execution of Agreement, receipt whereof is hereby acknowledged. (c) The balance of the purchase price is due on or before December 1,2005. Purchasers shall make all necessary arrangements for settlement. Purchasers agree to execute the mortgage, bond and warrant and all other papers incidental thereto, and to furnish hazard insurance and title insurance satisfactory to Sellers or to mortgagee and to pay the necessary costs thereof. including transfer taxes, conveyance and all fees necessary to complete the settlement. 2. In addition to the foregoing payments identified above, Purchaser shall pay to Sellers in monthly installments NINE HUNDRED AND 00/100 Dollars ($900.00) per monih due on or before the first day of each month beginning July 1,2005. ONE HUNDRED AND 00/100 Dollars ($100.00) shall be credited to the purchase price of the property. Payments received after the fifth day of the month in which they are due shall be late and shall be subject to a 5% late payment fee. 3. Purchasers shall have the right and privilege of paying additional sums on account of principal prior to settlement so that settlement may be made sooner. 4. The premises are to be conveyed clear of all liens and encumbrances, except for existing restrictions and easements of record and/or physically noticeable street improvements, if any, and provisions of the zoning ordinance affecting the use of said premises. Page 1 of3 5. Such gas and electric fixtures, heating and plumbing system, ranges, and laundry tubs now in and on said premises and which are the property of Sellers, are included in this sale. 6. Purchasers shall assume and be responsible for the maintenance of said premises in good order and repair from the date hereof, and shall keep and hold Sellers safe and harmless, from any and all claims for work and labor done or materials 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 Sellers. 7. Sellers shall be responsible for the following items: a. New Roof b. Floating hardwood floors to be installed in the kitchen and dining room c. Patch and paint holes in walls d. Install new sliding glass door e. Install shutters f. Repair screen door at the side entrance g. Repair the door frame at the side entrance h. Repair the counter space in the kitchen 1. Repair the dishwasher (if repairable) J. Change the locks k. Clean floors and appliances I. Remove trash m. Mow the yard one time n. Other items as mutually agreed by the parties. 8. Purchasers agree that Sellers or their authorized agent shall have the right at all reasonable hours of the day to enter the premises for the purpose of inspection to determine whether Purchasers have complied with the terms hereof. 9. Purchasers have been made aware that the existing loan on the property contains a due on sale clause which means the lender may call the loan due upon transfer of the property. If this should happen, Purchasers acknowledge that it will be their responsibility to either qualify for and assume the existing loan or pay it off. Failure to either assume the loan or pay it off will constitute a default under this agreement. 10. In the event Purchasers shall default for thirty days in any of the terms and provisions of this Agreement, Sellers shall have the right to terminate this Agreement and to demand immediate possession of said premises upon thirty days' written notice, and thereupon all rights and obligations under this Agreement shall cease and terminate. and Seller shall have the option to retain all payments made by Purchasers as liquidated damages or to seek Seller's actual damages from Purchasers. Page 2 of3 11. If Purchasers are in possession of the premises at the time the Sellers should declare the Agreement terminated, Purchasers hereby authorize any attorney, as attorney for them, to sign an Agreement for entering in any competent court, an amicable action and judgment in ejectment against Purchasers and all persons claiming under them, for the recovery by Sellers of possession of the premises, for which this shall be a sufficient warrant; and thereupon a writ of possession may issue forthwith, without any prior proceedings whatsoever, and Purchasers hereby release Sellers from all errors and defects whatsoever in entering such action of ejectment, or causing such writ of possession to be issued, or any proceeding thereon, or concerning the same, and hereby agrees that no writ of error, objection or exception, shall be made or taken thereto. 12. This Agreement shall not be lodged for record in any public office. 13. This Agreernent is not assignable by Purchasers, nor shall they rent or sublet the premises. without the written consent of Sellers. 14. The failure of Sellers to insist on strict performance by Purchasers, of the terms of this Agreement shall not be construed as a waiver, release or relinquishment thereof. 15. This Agreement represents the entire agreement between the parties hereto, and shall extend to and be binding upon their heirs, executors, administrators and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year aforesaid. ~ A}:5(~ /"~ Robert C. ReiSinge~ - 5 ~ OtLlA Tosha A. Darr. Purchaser Page 3 of3 EXHIBIT B ~~ i;:~ ~' ~ c_ , -'- , '-" \;" "".~'';' ~~z ~ --:/ ::- ." Q. ~-<" -~~e \:q,& .~~\ \? \ .;-:..")""') ""''?<' ~"'s ~: -\ % ';L. CJ ~"'. SALZMANN HUGHES, P.C. BY: E. Ralph Godfrey, Esquire Attorney I.D. No. 77052 354 Alexander Spring Road, Suite I Carlisle, PA 17013 (717) 249-6333 Attorney for Defendants TOSHA A. DARR and RYAN L. WEIGLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff v. CNIL ACTION - LAW ROBERT C. REISINGER and CATHY J. REISINGER NO. 05-3578 Defendants PETITION TO OPEN AND/OR STRIKE JUDGMENT NOW COME, Defendants. Robert and Cathy Reisinger, by and through their counsel, Salzmann Hughes, PC, and file this Petition to Open and/or Strike Judgment in the above referenced matter, and in support thereof state the following: 1. This action arises out of a dispute for monetary damages between the parties concerning an agreement of sa Ie for real property located at 1351 West Trindle Road, Carlisle, Cumberland County, Pennsylvania. 2. On June 9. 2005, Plaintiffs and Defendants entered into an Agreement of Sa Ie for the property located at 1351 West Trindle Road. Carlisle, Cumberland County. Pennsylvania. 3. Plaintiffs breached the Agreement of Sale by failing to make the required Nine Hundred and 00/100 ($900.00) Dollar monthly payments starting July 1.2005 and by failing to settle on the property on or before December 1. 2005. SALZMANN HUGHES. P.c. BY: E. Ralph Godfrey, Esquire Attorney 1.0. No. 77052 354 Alexander Spring Road, Suite 1 Carlisle, PA 17013 (717) 249-6333 Attorney for Defendants TOSHA A. DARR and RYAN L. WEIGLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA PlaintitT v. CIVIL ACTION - LAW ROBERT C. REISINGER and CATHY J. REISINGER NO. 05-3578 Defendants NOTICE TO PLEAD TO: Tosha A. Darr and Ryan L. Weigle, Plaintiffs c/o James Nelson, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. SALZMANN HUGHES. P.c. Dated: ~ rz - '1 . c...>"> ~/ ..~~ By L E. Ralph odfr. Es . Attorney I.D. No. 77052 354 Alexander Spring Road Suite 1 Carlisle, P A 17013 (717) 249-6333 Attorneys for Defendant EXHIBIT I I A TOSHA A. DARR and RYAN L. WEIGLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CNIL ACTION - LAW ROBERT C. REISINGER and CATHY 1. REISINGER NO. 05-3578 Defendants DEFENDANTS ANSWER, NEW MATTER AND NEW MATTER COUNTERCLAIM TO PLAINTIFFS' COMPLAINT Defendant, Robert C. Reisinger and Cathy J. Reisinger, by and through their attorneys, Salzmann Hughes, P.C. answer the corresponding numbered paragraphs of Plaintiffs' Complaint as follows: I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted but with qualifications. This paragraph is admitted only to the extent that it accurately reflects a written document, which speaks for itself. 5. Admitted but with qualifications. This paragraph is admitted only to the extent that it accurately reflects a written document, which speaks for itself. 6. Admitted but with qualifications. This paragraph is admitted only to the extent that it accurately reflects a written document, which speaks for itself. 7. Admitted but with qualifications. This paragraph is admitted only to the extent that it accurately reflects a written document, which speaks for itself. 8. Denied. The Agreement of Sale required the Defendants to be responsible for the items listed in Paragraph 7. It did not require, and it is specifically denied, that these items were to be completed by July 1,2005. Furthermore, Defendants are under no obligation to repair or replace the items since Plaintiffs unilateral breached the Agreement of Sale by failing to make their July I, 2005 payment thereby extinguishing any and all legal obligations of Defendants. Strict proof is demanded at the time oftrial. 9. Denied. Paragraph 9 is denied as a conclusion of law to which no responsive pleading is required. To the extent that a response may be required. Defendants specifically deny that the property is in a state of disrepair and not suitable for habitation. ft is further denied that the property is in an abysmal condition. Strict proof is demanded at the time oftrial. 10. Denied. Paragraph 10 is denied as a conclusion of law to which no responsive pleading is required. Furthermore, it is specifically denied that the Plaintiffs were ready, willing and able to perform all terms of the Agreement. Specifically, Plaintiffs unilaterally breached the contract by failing to tender their first payment on July I, 2005. Furthemlore, it is believed and therefore averred that Plaintiffs were unable to obtain financing in order to purchase the property. Strict proof is demanded at the time of trial. 11. Denied. Paragraph II is denied as a conclusion oflaw to which no responsive pleading is required. Strict proof is demanded at the time oftria\. 12. Denied. Paragraph 12 is denied as a conclusion oflaw to which no responsive pleading is required. Furthermore, it is denied that the $10,000.00 deposit became due and payable to Plaintifts. Strict proof is demanded at the time oftrial. 13. Admitted in part; denied in part. It is admitted that Plaintiffs' counsel wrote to Defendants about Plaintiffs' refusal to purchase the property. Since Plaintiffs' breached the Agreement, Plaintiffs were not entitled to the refund of their deposit. Furthennore, thc contract does not permit the Plaintiffs to terminate the Agreement and receive a refund of their deposit. Strict proof is demanded at the time of trial. 14. Denied. Paragraph 14 is denied as a conclusion oflaw to which no responsive pleading is required. Furthermore, Defendants had no obligation to reimburse Plaintiffs since Plaintiffs breached the contract. Strict proof is demanded at the time of trial. 15. Denied. After reasonable investigation Defendants are without sufficient knowledge to either admit or deny the allegations contained in Paragraph 15. To the extent that the Plaintiffs are seeking damages for these items, they are expressly denied since Plaintiffs are responsible for the breach of the Agreement. Strict proof is demanded at the time of trial. 16. Denied. Paragraph 16 is denied as a conclusion of law to which no responsive pleading is required. Furthermore, it is denied that Plaintiffs have sustained any damages since they are the party that breached the contract. Also, it is denied that Plaintiffs are not entitled to attorney fees since Pennsylvania law precludes this recover tll1less the contract expressly provides for it. The Agreement in this matter does not contain the appropriate agreement for attorney fees. Strict proof is demanded at the time oftrial. WHEREFORE, Defendants pray that the Complaint against them be dismissed, judgment be entered in their favor and that they be awarded costs of defense and such other and further relief as may be just and appropriate. NEW MATTER By way of further answer and defense, Defendants aver the following New Matter in accordance with Pennsylvania Rule of Civil Procedure 1030: 1 7. Paragraphs I through 16 are incorporated herein by reference as if set forth more fully at length. 18. Plaintiffs' cause of action is barred by the applicable statute of limitations. 19. Plaintiffs have failed to state a cause of action upon which relief can be granted. 20. Plaintiffs' claim is barred or limited by the doctrine of res judicata and/or collateral estoppel. 21. Defendants did not breach any terms ofthe Agreement owed to Plaintiffs under the circumstances. 22. Defendants had no obligation to do the repairs or replacements as indicated in Paragraph 7 ofthe Agreement since Plaintiffs had repudiated the Agreement. 23. Plaintiffs breached the Agreement by failing to make their first payment on July 1. 2005. 24. Plaintiffs breached the Agreement by failing to settle on the property on or before December I, 2005. 25. Defendants believe and therefore aver that the reason stated by Plaintiffs in their Complaint is pretextual and the reason for the termination was because they were unable to get financing and because of the incarceration of Defendant Weigle. 26. The real property was in the same condition as it was at the time the Plaintiffs entered into the Agreement. WHEREFORE, Defendants pray that the Complaint against them be dismissed and judgment be entered in their favor and that they be awarded costs of defense such other and further relief as may be just and appropriate. NEW MATTER - COUNTERCLAIM 27. Paragraphs 1 through 26 are incorporated herein by reference as if set forth more fully at length. 28. Counterclaim Plaintiffs and Counterclaim Defendants entered into an Agreement of Sale for the real property on June 9, 2005. 29. The Counterclaim Plaintiffs agreed to sell and Counterclaim Defendants agreed to purchase the real property for the sum of $137,000.00. 30. The Agreement required the Counterclaim Defendants to start monthly installment payments on July 1,2005 in the amount of$900.00. 31. The Agreement also required the Counterclaim Defendants to settle and purchase the real property on or before December 1,2005. 32. Counterclaim Defendants breached the Agreement by failing to pay the July 1, 2005 monthly installment payment as well as the subsequent monthly payments. 33. Counterclaim Defendants breached the Agreement by failing to settle on the property on or before December 1, 2005. 34. Counterclaim Defendants have never made the payments required by the Agreement. 35. Because of Defendants' breaches of the Agreement, Plaintiffs have been damaged in the amount of $50.000.00 Dollars, plus costs and interest. WHEREFORE, Plaintiffrespectfully requests this Honorable Court to enter judgment in favor of Counterclaim Plaintiffs and against Counterclaim Defendants in the amount of $50,000.00 Dollars. plus interest, the costs of this action, and such other relief as the Court deems just and proper. SALZMANN HUGHES, P.c. By 2 E. Ralph Godfrey, Esqu' e Attorney J.D. No. 77052 ' 354 Alexander Spring Road Suite 1 Carlisle. PA 17013 (717) 249-6333 Attorneys for Defendants Dated: 17. ".05 VERIFICATION We, Robert and Cathy Reisinger, hereby certify that the facts set forth in the foregoing Defendants' Answer, New Matter and Counterclaim are based upon information which we have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on our behalf in this matter. The language of the document is that of counsel and not our own. We have read the document, and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information, and belief. To the extent that the content of the document is that of counsel. we have relied upon such counsel in making this Verification. We hereby acknowledge that the facts set forth in the aforesaid document are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. .' / 1/ / ~.~. '- J"-;-<'^(.??/ . ~'l../ / / .., Robert elsmger -/ C~th;~g;;~:-.' .) -- Date: CERTIFICATE OF SERVICE AND NOW, this _9_ day of December, 2005, I, E. Ralph Godfrey, Esquire, of Salzmann Hughes, P.c., attorneys for Defendants, hereby certify that I served a copy of the within Defendants' Petition to Open and/or Strike Judgment this day by depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed to: James Nelson, Esquire Rominger, Bayle and Whare Hanover Street Carlisle, PA 17013 <:::'- -- ----/ E. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYl, VANIA Tosha A. Darr & Ryan L. Weigle Plaintiffs v. : CIVIL ACTION - LAW : NO: 3578 - 2005 Robert C. Reisinger & Cathy J. Reisinger, husband and wife, Defendants : JURY TRIAL DEMANDED PRAECIPE TO ENTER DEFAULT JUDGMENT To the Prothonoi..lY: Please enter default judgment in favor of Plaintiffs and against Defendants for Defendants' failure to file an answer to the Plaintiff's Complaint. .Dl~ Date: 12-1'7/J-oor7 By: James Nelson, Esquire ttorney I.D. No. 91144 ROMINGER, BAYLEY & WHARE 155 South Hanover Street Carlisle, PA 17013 Counsel for Plaintiffs CERTIFICATION AND NOW, this 5th day of December, 2005, I, James 1. Nelson, Esquire, hereby certifY that written notice of the intention to take a default judgment was mailed via both Certified Mail, Return Receipt Requested, and First Class, United States Mail, postage pre- paid, to the party against whom judgment is to be entered after the default occurred and at least ten days prior to the date of the filing of this Praecipe. A copy of the notice of intention to enter judgment by default is attached hereto as Exhibit "A;" a copy of the signed Return Receipt is attached as Exhibit "B." . Nelson, Esquire ey I.D. No. 91144 ROMINGER, BAYLEY & WHARE 155 South Hanover Street Carlisle, PA 17013 Counsel for Plaintiffs Exhibit A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tosha A. Darr & Ryan L Weigle Plaintiffs v. : CIVIL ACTION - LAW : NO: 3578 - 2005 Robert C. Reisinger & Cathy J. Reisinger, husband and wife, Defendants : JURY TRIAL DEMANDED To: Robert C. Reisinger & Cathy J. Reisinger 25 Old Stonehouse Road South Carlisle, Pa 17013 IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HA \IE F AILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE AND/OR LOSE PROPERTY OR OTHER Il\1PORT ANT RIGHTS YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA \IE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE U.S. Postal Service", CERTIFIED MAIL" RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) Cumberland County Bar Association nue 7013 249-3166 es Nelson, Esquire outh Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ill # 91144 Attorney for Plaintiffs ru LrJ o ..D ru cr ..... i"'- 'I 'I , Postage $ !CIA .31" 2,-' ;r~ .~\J" \: Postmark. He.. Certified Fee fTl o o Return Reclept Fee D (EndOlUment Required) o Restr\d.ed Oellvery Fee U1 (Endorsement Required) fTl ..... Total Postage & Fees $ Ld- cr o S"f'JOi. -\8' . - . ~ ~~f,~)~::,:_-----;-~~?:?!_kkil:_-hP~r;'---J-- ~ii.ijj~.~~.a.:;:,.L.JO.__41h.e.*- __1_~_""_._r.LL0.,~~_.!! Slats ZtP+4 ...." .. . Ii... . -.. -'<:..'1.. "'.5 . . Exhibit B .~ SENDER: COMPLETE THIS SECTION . Complete Items t, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front jf space permits. 1. Article Addressed to: I~J :ne(;",'.v 2:l,J.,io A .Rtls:I1-' .1.S Clef ,')"12'1 L:...I LCc~C ki 'JC.J (! .. / /,/ I ~- 2. Article Number (fransfer from service Jabel) PS Form 3811 . February 2004 . . . o Agent o Addressee x B. Received by IP.rinted me) c,,,tate of D. elivery /1 I -");> 0 ~ ("7 "(..';<<,51/0'--16 s:/ ,--,) - , D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: EI:}lo 3. Service Type GL:ertified Mail o Re9istered o Insured Mail o Express Mail 6lLReturn Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) DYes 7004 1350 0003 7142 6052 102595-02-M-1540 DomestIc Return Receipt ? "7'0 ~ >-<~' D ~" ~ ::T C) (' '-'" "> "p ........ .::r::::. ..~ ~ "-.\ ~ --.. ~ <;;;- - c: ,.", G::~ ~ '" '" <::>. 0 (-", r..,.~ , ,...' , ' r" " , \.::..~~ --<;: TOSHA A. DARR and RYAN L. WEIGLE IN THE COURT OF COMMON PLEAS CUMBERL.AND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW ROBERT C. REISINGER and CATHY J. REISINGER NO. 05-3578 Defendants PRAECIPE TO ENTER APPEARANCE Please enter the appearance of SALZMANN HUGHES, P.C. as counsel ofrecord for the Defendant Robert C. Reisinger and Cathy J. Reisinger in the above-referenced matter. SALZMANN HUGHES, P.C. By: Dated: December ~ 2005 CERTIFICATE OF SERVICE I, E. Ralph Godfrey, Esquire, hereby certify that I served a copy of the foregoing Praecipe to Enter Appearance upon all parties to this action, by mailing a copy thereof on this f1/' day of December, 2005, to: James Nelson, Esquire 155 South Hanover Street Carlisle, P A 17013 SALZMANN HUGHES, P.C. By ~ E. Ralph Godfre sqUire :'\ c <,,"-' \, TOSHA A. DARR and RYAN L. WEIGLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW ROBERT C. REISINGER and CATHY J. REISINGER NO. 05-3578 Defendants RULE TO SHOW CAUSE AND NOW, this I <..flAil day of ~05, upon consideration of Defendants' Petition to Open and/or Strike Judgment, A Rule is issued upon Plaintiffs to show cause, if any, why the default judgment entered in the above matter should not be opened and/or stricken and Defendants given leave to plead to Plaintiffs' Complaint. Rule Returnable ;-D days after service of the Rule upon Plaintiffs' Counsel. J. /"L~ ---) / .. -\,--rP (\/-.- IJI r" ,1 ~ ' TOSHA A. DARR and RYAN L. WEIGLE PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff v. CIVIL ACTION - LAW ROBERT C. REISINGER and CATHY J. REISINGER NO. 05-3578 Defendants CERTIFICATE OF SERVICE AND NOW, this _19_ day of December, 2005, I, E. Ralph Godfrey, Esquire, of Salzmann Hughes, P.C., attorneys for Defendants, hereby certify that I served a copy of the Rule to Show Cause dated December 14,2005 this day by depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed to: James Nelson, Esquire Rominger, Bayle and Whare 155 Hanover Street Carlisle, P A 17013 .-----/ (") F ~'::' ~ = c/' c::> ,,'1 n N CJ ~: ...-. ~ ...... ::C..,. fn~ -~9 :~~,? ~? -~-~ -n ~:2t) '.--rn U --\ "" 'J:J ;< 'f! :;;- 0) ('IE) . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tosha A. Darr & Ryan L. Weigle Plaintiffs v. : CIVIL ACTION - LAW : NO: 3578 - 2005 Robert C. Reisinger & Cathy J. Reisinger, husband and wife, Defendants : JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO PETITION TO OPEN AND/OR STRIKE JUDGMENT & NEW MATTER AND NOW, this 21" day of December, 2005, come the Plaintiffs, by and through their counsel, Rominger, Bayley & Whare, and file this Answer to Petition to Open and/or Strike Judgment, and in support thereof aver as follows: ANSWER 1. Denied as stated. The Plaintiffs' Complaint speaks for itself. 2. Denied as stated. The Sales Agreement between the parties speaks for itself. 3. Denied. Paragraph 3 is a conclusion oflaw to which to responsive pleading is required. By way of further response, per mutual understanding between the parties, and consistent with the ternns of the Sales Agreement, Plaintiffs were to take possession of the property on July 1, 2005; however, the Defendants committed a unilateral breach of the Sales Agreement, by virtue of their failure to complete a lengthy list of agreed-upon repairs by July 1, 2005, leaving the property in a severe state of disrepair and not suitable for human habitation. Strict proof of the allegations in Paragraph 3 is demanded. NEW MATTER 4. Paragraphs 1 through 3, above, are incorporated by reference. 5. Defendants' Petition to Open and/or Strike the Default Judgment at issue comes only after Defendants' complete disregard and umesponsiveness in the face of numerous letters and service of all prior filings and pleadings in this matter. 6. Plaintiffs filed a Writ of Summons in this matter on July 19, 2005, and said Writ was served upon Defendants by the Cumberland County Sheriff on July 20, 2005. In response, the Defendants contacted neither the Plaintiffs nor their counsel. A copy of the Sheriff's Return is attached hereto as Exhibit A and incorporated herein by reference. 7. On August 10, 2005, counsel for Plaintiffs sent a copy of his correspondence to Defendants' initial attorney, Timothy J. Colgan, Esquire, to Defendants. Said letter advised Defendants of their breach of the Sales Agreement and requested the return of Plaintiffs' $10,000.00 down payment on the property. In response, the Defendants contacted neither the Plaintiffs nor their counsel. A copy of said correspondence, which was sent via USPS First Class Mail, is attached hereto as Exhibit B and incorporated herein by reference. 8. On September 9,2005, counsel for Plaintiffs sent a letter to Defendants which again advised them that they had breached the Sales Agreement, again requested the return of Plaintiffs' down payment, and warned that, in the absence of any reply, legal action would be taken against them. In response, the Defendants contacted neither the Plaintiffs nor their counsel. Said letter was sent to Defendants via Certified Mail, Return Receipt Requested; the receipt was signed by Defendants on September 10, 2005. Copies of said documents are attached hereto as Exhibit C and incorporated herein by reference. 9. On November 3,2005, Plaintiffs filed their Complaint in the instant matter, along with a Notice to Defend. In response, the Defendants contacted neither the Plaintiffs nor their counsel. Service upon Defendants was made via USPS First Class Mail. 10. On November 22,2005, Plaintiffs' counsel sent a Default Notice to Defendants via Registered Mail, Return Receipt Requested; the receipt was signed by Defendants on November 23,2005. In response, the Defendants contacted neither the Plaintiffs nor their counsel. Copies of said documents are attached hereto as Exhibit D and incorporated herein by reference. 11. Upon passage of the final ten (10) day notice period, Plaintiffs' counsel filed a Praecipe to Enter Default Judgment on December 5,2005. Only then did the Defendants respond. 12. Defendants' Petition to open the instant Default Judgment is an appeal to this Court's equitable powers; the grant of said Petition requires that three factors coalesce: 1) the Petition must be filed promptly; 2) the Petition must show a meritorious defense; and 3) the Petition must show a reasonable explanation or excuse for the default (see Vision Servo Plan ofPa. V. Pennsylvania AFSCME Health & Welfare Fund, 331 Pa. Super. 217 (1984)). 13. Plaintiffs concede that Defendants' Petition was promptly filed; however, Defendants have failed entirely to present any semblance of a meritorious defense or even attempted to show an explanation - reasonable or otherwise - ~Dr the default. 14. The reliefrequested by Defendants is barred by the doctrine of laches. 15. The Defendants complete dismissal of this matter, over the course of nearly a half year, evinces a lack ofrespect for the laws of the Commonwealth and contempt for the rules of this Court. 16. To grant Defendants' Petition is to reward their intransigence and, conversely, would make a mockery of the Plaintiffs' efforts to retain their down payment via reliance upon the laws of the Commonwealth and the rules of the Court. 17. To grant Defendants' Petition would severely prejudice the Plaintiffs. WHEREFORE, Plaintiffs request that this Honorable Court find in their favor and deny Defendants' Petition. Respectful! submitted, ---------- mes Nelson, Esquire ttomey I.D. No. 91144 ROMINGER, BAYLEY & WHARE 155 South Hanover Street Carlisle, P A 17013 Attorneys for Plaintiffs VERIFICATION James 1. Nelson, Esquire, states that he is the attorney fbr Plaintiffs in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. c.s. Pa.C.S. ~4904, relating to unsworn falsification to aut rities. Date: 12121/2005 ~, JaIlles Nelson, Esquire LAttorney 1.D. No. 91144 ROMINGER, BAYLEY & WHARE 155 South Hanover Street Carlisle, PA 17013 Attorneys for Plaintiffs Exhibit A Exhibit B Exhibit C Exhibit D Exhibit A I SHERIFF'S RETURN - REGULAR CASE NO: 2005-03578 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DARR TOSHA A ET AL VS REISINGER ROBERT C ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon REISINGER ROBERT C the DEFENDANT , at 1639:00 HOURS, on the 20th day of July at 25 OLD STONEHOUSE ROAD , 2005 CARLISLE, PA 17013 by handing to ROBERT C REISINGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.80 .00 10.00 .00 32.80 So Answers: ~/ ./~ ~g~<><f~,f'~ R. Thomas Kline 07/21/2005 ROMINGER BAYLEY WHARE . By: tJ-l Sworn and Subscribed to before I me this day of A.D. Prothonotary Tosha A. Darr & Ryan L. Weigle Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO: 3578 - 2005 Robert C. Reisinger & Cathy 1. Reisinger, husband and wife, Defendants : JURY TRIAL DEMANDED AMENDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue an amended writ of summons in the above captioned action. Amended Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County at One Courthouse Square, Carlisle, Pennsylvania. Date: July 18, 2005 Respectfully submitted, ROMIN, E . BAYLEY & WHARE , \ +).<:~ James Nelson, Esquire outh Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ill # 91144 Attorney for Pllaintiffs AMENDED WRIT OF SUMMON~! To The Above Named Defendants: Robert C. and Cathy J. Reisinger 25 Old Stonehouse Road, South Carlisle, PA 17013 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: By: Deputy ~~ ::;1 l." C:-:i Exhibit B ROMINGER, BAYLEY & 'WHARE Attorneys at Law Karl E. Rominger Mark F. Bayley Michael J. Whare James 1. Nelson Michael O. Palermo, Jr August 10,2005 --'-,,-..;,;.j Robert & Cathy Reisinger 25 Old Stonehouse Road South Carlisle, PA 17013 Dear Mr. and Mrs. Reisinger: Enclosed is the letter we intended to send to Attorney Colgan. Since we have now been made aware he is not your attorney regarding this matter, please consider this letter as if it was addressed to you. If you have any questions regarding this matter, you may wish to consult with an attorney of your own choosing. JlN/jge Enclosure cc: Tosha Darr w/enclosure 155 South Hanover Street, Carlisle, Pennsylvania 17013' Tel: (717) 241.6070' Fax: (717) 241-6878 ~.rotJ!!J1g~X~~w~c()m_ ADVOCACY . ADVICE . ANSWERS ROMINGER, BAYLEY &WHARE Attorneys at Law Karl E. Rominger Mark F. Bayley Michael J. Whare James 1. Nelson Michael O. Palermo, Jr July 15, 2005 Timothy J. Colgan, Esquire THE WILEY GROUP 130 W. Church Street Suite 100 Dillsburg, PA 17019 Re: 1351 W. Trindle Road Your Clients: Robert C. & Cathy C. Reisinger Dear Attorney Colgan: Please be advised that we represent Tosha A. Darr and Ryan Weigle. rfyou recall, our clients and the Reisingers entered into an agreement for the sale of the above-referenced property. Ms. Darr and Mr. Weigle provided a $10,000 deposit to your clients. The agreement at issue - dated June 9, 2005 - provided that your clients were responsible for a lengthy list of tasks, to include a new roof and the installation of floating hardwood floors in the kitchen and dining room. To date, Mr. and Mrs. Reisinger have not completed the work and repairs specified in the agreement. In fact, in its current state, the property is not fit for habitation. Our clients, along with their 20 monrh-old daughter, were scheduled to move in to the property today: an apartment lease has been cancelled, utilities were switched over, change of address forms filed, etc. Significant time, money, and effort have been expended by our clients in anticipation of the planned move. Obviously, that move cannot take place. Accordingly, please be advised that, in light of your clients' breach of the agreement, Ms. Darr and Mr. Weigle hereby exercise their right to terminate the agreement and demand the immediate return of their $10,000.00 deposit immediately. Suit will be filed if said amount is not returned to our office by July 29,2005. rfyour clients compel this matter to be litigated, we will seek reliance damages, attorney fees, and interest on the deposit. A writ of summons and praecipe for Lis Pendens have been filed with the Cumberland County Court of Common Pleas; copies thereof are enclosed. Should you have any questions or wish to discuss this matter further, please do not hesitate to contact me. Very trul yours, I \~ ER, BA YL:,:,:HARE 8 Nelson JIN/tll! r5S South Hanover Street, Carlisle, Pennsylvania 17013' Tel: (717) 241-6070' Fax: (717) 241-6878 www.romingerlaw.com ADVOCACY . ADVICE . ANSWERS Exhibit C Complete items 1, 2. and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front jf space permits. 1. Article Addressed to: DAgent o Addressee Co:. oyte of Delivery 9/"y v- D. Is delivery address different from item 11 0 Yes If YES, enter delivery address below: "J(NO rp,b\1 T+ <>\ Lo.t~ e.u~\v'~U ;jDCM. ~N.r,O'':t).Q.. eco~( Sr;,J~ (y-LT~\ fA- no\"< 3. Service Type ~Certified Mail [J Express Mail o Registered ~eturn Receipt for Merchandise o Insured Mail [J C.O.D. 4. Restricted Delivery? (Extra Fee) 0 YeS 2. Article Number (Transfer from servlc._ 7004 1350 0003 7142 5949 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 1 U.S. Postal Service,,, CERTJF:!'ED MAIL" RECEIPT (Domr8fic Mall Only; No Insurance Coverage Provided) BAYLEY & \lVHARE Certified Fee Hneys at Law Retum Reciept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Postmark He,. James 1. Nelson Michaela. Palermo, Jr Total Postage & Fees $ w.Lf eptember 9,2005 li..."Ajit.No:'"' --3:'~"'~~\~"'~,'~jT ~::!.~~.~~d55,Qlot.,~,\OWliM~,__Y.t!,~,,____..~!.l tested cny. ,!,ZI \, . . ('lD Dear Mr. and Mrs. Reisinger: As you know, this office represents Tosha Darr and Ryan W,eigle with respect to a real estate transaction, with you, which was cancelled as a result of your breach of the sales agreement. In August, we requested that you inunediate1y return the $10,000,00 deposit provided to you by our clients. To date, you have failed to do so. Ms. Darr has advised me that, in the interim, you have located another potential buyer for the property. At this point, I would remind you of the Lis Pendens which we filed in the Cumberland County Court of Common Pleas. Said filing constitutes a written notice that a legal action has been filed which concerns your property or some interest in that the property. The Lis Pendens serves to inform the general public (and, particularly, anyone interested in buying or financing the property) that there is this potential claim against it. We will not withdraw the Lis Pendens unless you return our dients' deposit. In the alternative, our clients are amenable to an arrangement whereby they receive their deposit monies at the settlement for the property with your "new" buyer; obviously, any such arrangement would have to be coordinated between your settlement attorney/agent and our office in order to ensure that our clients receive the amount you are obliged to provide them. Should you fail to respond to this correspondence within ten (10) days, we will commence a lawsuit against you. You should afford this matter the serious attention that it warrants. I look forward to your prompt response. Very tru Y urs, -------......-- JIN/jge cc: Tosha Darr 155 South Hanover Street, Carlisle, Pennsylvania 17013' Tel: (717) 241-6070' Fax: (717) 241-6878 www.romingerlaw.com ADVOCACY . ADVICE . ANSWERS Exhibit D SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: "'I, I. ~;! 1 j T), '~~~ef ~.'~J""'':''! n()Si:l~f' J~ 0/d ,':>Jz:\ 1;--1 LC".sC- rei ,~x:;,1 (t. . ! ;' /~ ,.. , - 2. Article Number (Transfer from service label) PS Form 3811. February 2004 COMPLETE THIS SECTION ON DELIVERY A. Signature /) C) I o Agent X .(; . i ..~ 0 Addressee B. Re,celved bY-Jf(~ted ~me) Cr!~te of ~eliV~ 7- 1r:ZIJI"'~' >" I ,23 0 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: l!:t}Jo 3. Service Type J,i1certified Mall '0 Registered o Insured Mail o Express Mail ~eturn Receipt for Merchandise DC.D.D. 4. Restricted Delivery? (Extra Fee) D Yas 7004 1350 0003 7142 6052 10259S-Q2-M-1S40 Domestic Return Receipt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tosha A. Darr & Ryan L Weigle Plaintiffs v. : CIVIL ACTION - LAW : NO 3578 - 2005 Robert C. Reisinger & Cathy 1. Reisinger, husband and wife, Defendants : JURY TRIAL DEMANDED To: Robert C. Reisinger & Cathy J. Reisinger 25 Old Stonehouse Road South Carlisle, Pa 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HA \IE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE AND/OR LOSE PROPERTY OR OTHER Il\1PORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA \IE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO EUGffiLE PERSONS AT A REDUCED FEE OR NO FEE. U.S. Postal Service,,, CERTIFIED MAIL" RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) Cumberland County Bar Association me 7013 249-3166 ~ es Nelson, Esquire outh Hanover Street Carlisle, PA 17013 (717)241-6070 Supreme Court ill # 91144 Attorney for Plaintiffs ru LrJ o ..D ru cr ..... i"'- fBC~A postage $ ,j;l- .2,r", ..., ..,;.\""' ~\.r -" Postmark He.. Certifled Fee fT1 o o Retum Reclept Fee D (Endorsement Required) o Restricted Delivery Fee U1 (Endorsement ReqUired) fT1 ..... Total Postage & Fees $ ~'_ d- cr ~ 5<j')7;'12tJ:"+~ 0;cH I 'cY " tl-S',' . / i"'- ~Mt. APt. NO:,n-::;.-.-----..-........""Un.. - ...-----'-I,x.e::..I-.n._....__ or PO Box IW>. d'22 ~ u - 'h,., u> \1) _j "" ~'~Zi~1 ~. -.G:l~-4~L!.'I.MQ-""--.r.U.0.~-~!.!.' n C. -, ,...., = C7.l <;',..n () ..,., -.... :T:-n r"l'i f.;.c,:;; nl r:-J = rn C) !'.) -;1 -"'" -,-., f:..> ,.......) or t:;j- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tosha A. Darr & Ryan L. Weigle Plaintiffs v. : CIVIL ACTION - LAW : NO: 3578 - 2005 Robert C. Reisinger & Cathy J. Reisinger, husband and wife, Defendants : JURY TRIAL DEMANDED PLAINTIFFS' AMENDED ANSWER TO DEFENDANTS' PETITION TO OPEN AND/OR STRIKE JUDGMENT & NEW MATTER AND NOW, this 5th day of January, 2006, come the Plaintiffs, by and through their counsel, Rominger, Bayley & Whare, and file this Amended Answer to Defendants' Petition to Open and/ or Strike Judgment, and in support thereof aver as follows: ANSWER 1. Denied as stated. The Plaintiffs' Complaint speaks for itself. 2. Denied as stated. The Sales Agreement between the parties speaks for itself. 3. Denied. Paragraph 3 is a conclusion oflaw to which no responsive pleading is required. By way of further response, per mutual understanding between the parties, and consistent with the terms of the Sales Agreement, Plaintiffs were to take possession of the property on July 1, 2005; however, the Defendants committed a unilateral breach of the Sales Agreement, by virtue of their failure to complete a lengthy list of agreed-upon repairs by July 1, 2005, leaving the property in a severe state of disrepair and not suitable for human habitation. Strict proof of the allegations in Paragraph 3 is demanded. 4. Denied. Paragraph 4 is a conclusion oflaw to which no responsive pleading is required. By way of further response, Defendants' averment is contrary to the law governing contracts. Strict proof of the allegations in Paragraph 4 is demanded. 5. Denied. Paragraph 5 is a conclusion oflaw to which no responsive pleading is required. By way of further response, it is denied that the Plaintiffs materially breached the Agreement of Sale at issue and it is denied that Defendants were legally justified in refusing to return the Plaintiffs' deposit. Strict proof of the allegations in Paragraph 5 is demanded. 6. Denied as stated. An amended writ of summons was filed on July 19, 2005, and the complaint was filed on November 3,2005. 7. Denied. A certificate of service was attached to the Plaintiffs' complaint. Strict proof of the allegations in Paragraph 7 is demanded. 8. Plaintiffs are without knowledge or information sufficient to form a belief as to whether Defendants received the Complaint on or about November 23, 2005, and the same is therefore denied. Furthermore, the 10 day default notice was served upon expiration of the 20 day period provided in the Complaint. Strict proof of the allegations in Paragraph 8 is demanded. 9. Denied. Paragraph 9 is a conclusion oflaw to which no responsive pleading is required. By way of further response, it is denied that the 10 day default notice was defective. Strict proof of the allegations in Paragraph 9 is demanded. 10. Admitted. 11. Admitted. 12. Denied. Paragraph 12 is a conclusion oflaw to which no responsive pleading is required. By way of further response, it is specifically denied that Defendants have a meritorious defense to this action. 13. Denied. Paragraph 13 is a conclusion oflaw to which no responsive pleading is required. By way of further response, Paragraph 22 addresses the standard applicable to Defendants instant Petition. NEW MATTER 14. Paragraphs 1 through 3, above, are incorporated by reference. 15. Defendants' Petition to Open and/or Strike the Default Judgment at issue comes only after Defendants' complete disregard and umesponsiveness in the face of numerous letters and service of all prior filings and pleadings in this matter. 16. Plaintiffs filed a Writ of Summons in this matter on July 19, 2005, and said Writ was served upon Defendants by the Cumberland County Sheriff on July 20, 2005. In response, the Defendants contacted neither the Plaintiffs nor their counsel. A copy of the Sheriff's Return is attached hereto as Exhibit A and incorporated herein by reference. 17. On August 10, 2005, counsel for Plaintiffs sent a copy of his correspondence to Defendants' initial attorney, Timothy J. Colgan, Esquire, to Defendants. Said letter advised Defendants of their breach of the Sales Agreernent and requested the return of Plaintiffs' $10,000.00 down payment on the property. In response, the Defendants contacted neither the Plaintiffs nor their counsel. A copy of said correspondence, which was sent via USPS First Class Mail, is attached hereto as Exhibit B and incorporated herein by reference. 18. On September 9,2005, counsel for Plaintiffs sent a letter to Defendants which again advised them that they had breached the Sales Agreement, again requested the return of Plaintiffs' down payment, and warned that, in the absence of any reply, legal action would be taken against them. In response, the Defendants contacted neither the Plaintiffs nor their counsel. Said letter was sent to Defendants via Certified Mail, Return Receipt Requested; the receipt was signed by Defendants on Septernber 10,2005. Copies of said documents are attached hereto as Exhibit C and incorporated herein by reference. 19. On November 3,2005, Plaintiffs filed their Complaint in the instant matter, along with a Notice to Defend. In response, the Defendants contacted neither the Plaintiffs nor their counsel. Service upon Defendants was made via USPS First Class Mail. 20. On November 22, 2005, Plaintiffs' counsel sent a Default Notice to Defendants via Registered Mail, Return Receipt Requested; the receipt was signed by Defendants on November 23,2005. In response, the Defendants contacted neither the Plaintiffs nor their counsel. Copies of said documents are attached hereto as Exhibit D and incorporated herein by reference. 21. Upon passage of the final ten (10) day notice period, Plaintiffs' counsel filed a Praecipe to Enter Default Judgment on December 5,2005. Only then did the Defendants respond. 22. Defendants' Petition to open the instant Default Judgment is an appeal to this Court's equitable powers; the grant of said Petition requires that three factors coalesce: 1) the Petition must be filed promptly; 2) the Petition must show a meritorious defense; and 3) the Petition must show a reasonable explanation or excuse for the default (see Vision Servo Plan of Pa. v. Pennsv1vania AFSCME Health & Wefface Fund, 331 Pa. Super. 217 (1984)). 23. Plaintiffs concede that Defendants' Petition was promptly filed; however, Defendants have failed entirely to present any semblance of a meritorious defense or even attempted to show an explanation - reasonable or otherwise - for the default. 24. The relief requested by Defendants is barred by the doctrine of laches. 25. The Defendants complete dismissal of this matter, over the course of nearly a half year, evinces a lack of respect for the laws of the Commonwealth and contempt for the rules of this Court. 26. To grant Defendants' Petition is to reward their intransigence and, conversely, would make a mockery of the Plaintiffs' efforts to retain their down payment via reliance upon the laws of the Commonwealth and the rules of the Court. 27. To grant Defendants' Petition would severely prejudice the Plaintiffs. WHEREFORE, Plaintiffs request that this Honorable Court find in their favor and deny Defendants' Petition. Respectfull submilted, - - James Nelson, Esquire orney 1.D. No. 91144 ROMINGER, BAYLEY & WHARE 155 South Hanover Street Carlisle, PAl 70 13 Attorneys for Plaintiffs VERIFICATION James 1. Nelson, Esquire, states that he is the attorney for Plaintiffs in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. ~4904, relating to unsworn falsification to au ----- ame Nelson, Esquire ttorney I.D. No. 91144 ROMINGER, BAYLEY & WHARE 155 South Hanover Street Carlisle, P A 17013 Date: 01/04/2006 Attorneys for Plaintiffs Exhibit A CASE KO: 2005-03578 ? COMMONWEALTH OF PENNSYLVANIA: COL~TY OF Cu~BERLANu DARR TOSHA A ET AL VS REISINGER ROBERT C ET AL BR Yl'.N WARD Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon REISINGER ROBERT C the DEFENDANT at 1639:00 HOURS, on the 20th day of July , 2005 at 25 OLD STONEHOUSE ROAD CARLISLE, PA 17013 by handing to ROBERT C REISINGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavi t Surcharge 18.00 4.80 .00 10.00 .00 32.80 So Answers: ;;P'....r r/./;ft-Y _ c"" ~ ~ ~ ~~"""~"'"--4 ~ .~ . ;,' l' R. Thomas Kline A.D. 07/21/2005 ROMIN::~ BAYLE~ ~s: ?J- l Deputy eefiff Sworn and Subscribed to before me this day of Prothonotary Tosha A. Darr & Ryan L. Weigle Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V A.N"IA v. : CIVIL ACTION - LAW : NO: 3578 - 2005 Robert C. Reisinger & Cathy J. Reisinger, husband and wife, Defendants S-!, : JURY TRIAL DEMANDED :-'-, = \_c:' -"_-':,1 AMENDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue an amended writ of summons in the above captioned action. Amended Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County at One Courthouse Square, Carlisle, Pennsylvania. ( Date: July 18, 2005 Respectfully su.bmitted, ROMIN E ,SA YLEY & WHARE i \ +)\L~ James Nelson, Esquire outh Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 91144 Attorney for Plaintiffs AMENDED WRIT OF SUMMONS. To The Above Named Defendants: Robert C. and Cathy J. Reisinger 25 Old Stonehouse Road, South Carlisle, PA 17013 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAlNTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: By: Deputy Exhibit B ROMINGER, BAYLEY & lWHARE Attorneys at Law Karl E. Rominger Mark F Bayley Michael J. Whare James 1. Nelson Michael O. Palermo, Jr August 10, 2005 c~.-:...o..::-,..o;:j .___; Robert & Cathy Reisinger 25 Old Stonehouse Road South Carlisle, PA 17013 Dear Mr. and Mrs. Reisinger: Enclosed is the letter we intended to send to Attorney Colgan. Since we have now been made aware he is not your attorney regarding this matter, please consider this letter as if it was addressed to you. If you have any questions regarding this matter, you may wish to consult with an attorney of your own choosing. JlN/jge Enclosure cc: Tosha Darr w/enc\osure 155 South Hanover Street. Carlisle, Pennsylvania 17013 . Tel: (717) 241.6070 . Fax: (717) 241-6878 ~ .X9IP:JQg~~~y!~C91"r-~_ ADVOCACY . ADVICE . ANSWERS ROMINGER, BAYLEY & lWHARE Attorneys at Law Karl E. Rominger Mark F. Bayley Michael J. Whare James 1. Nelson Michael O. Palermo, Jr July 15, 2005 Timothy J. Colgan, Esquire THE WILEY GROUP 130 W. Church Street Suite 100 Dillsburg, PA 17019 Re: 1351 W. Trindle Road Your Clients: Robert C. & Cathy C. Reisinger Dear Attorney Colgan: Please be advised that we represent Tosha A. Darr and Ryan Weigle. If you recall, our clients and the Reisingers entered into an agreement for the sale of the above-referenced property. Ms. Darr and Mr. Weigle provided a $10,000 deposit to your clients. The agreement at issue - dated June 9, 2005 - provided that your clients were responsible for a lengthy list of tasks, to include a new roof and the installation of floating hardwood floors in the kitchen and dining room. To date, Mr. and Mrs. Reisinger have not completed the work and repairs specified in the agreement. In fact, in its current state, the property is not fit for habitation. Our clients, along with their 20 month-old daughter, were scheduled to move in to the property today: an apartment lease has been cancelled, utilities were switched over, change of address forms filed, etc. Significant time, money, and effort have been expended by our clients in anticipation of the planned move. Obviously, that move cannot take place. Accordingly, please be advised that, in light of your clients' breach of the agreement, Ms. Darr and Mr. Weigle hereby exercise their right to terminate the agfel~ment and demand the immediate rerum of their $10,000.00 deposit immediately. Suit will be filed if said amount is not returned to our office by July 29,2005. If your clients compel this matter to be litigated, we will seek reliance damages, attorney fees, and interest on the deposit. A writ of summons and praecipe for Lis Pendens have been filed with the Cumberland County Court of Common Pleas; copies thereof are enclosed. Should you have any questions or wish to discuss this matter further, please do not hesitate to contact me. I , ~ N,boo JIN/tlp f55 South Hanover Street, Carlisle, Pennsylvania 17013 . Tel: (717) 241-6070 . Fax: (717) 241-6878 www.romingerlaw.com --- ADVOCACY . ADVICE . ANSWERS Exhibit C . Complete items t, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: o Agent o Addressee C,:, C)1te of Delivery 9//y </- D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: "l(No SENDER: COMPLETE THIS SECTION 'Fbh,+ 4 C')+~~ EM:\V'')~ i . ::fDO\O. ~y,~,O";v).<.. LcucZ[ C0J.:rh ('\"'-rU-~ P A-- ,""'u:j f< ~ -\ . \ < 3. Service Type ~Certified Mail o Registered o Insured Mail o Express Mail ~eturn Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) DYes 2. ~~:'e~~:~~eML_~,___![J(J4_}~~_D[j03 7142 5949 PS Form 3811 , February 2004 Domestic Return Receipt 102595-02-M+154Q: . . CER~D MAIL" RECEIPT (Dome~ lIC Mall ()n/~; No Insurance Coverage Provided) Postage $ .31 C') ~"""'c :::7." J\........- \,-\'::::; BAYLEY & WHARE Certified Fee Hneys at Law Return Rectept Fee (Endorsement Required) Aestricted Delivery Fee (Endorsement. Required) Tolal Postage & Fees $ U- ~ Lt~ met"APt ,*,,::i!_E:t.~J--:~j):\)J1~'::-.i-'-;CP'~iJ~- :;:.:'_".~_,:,~~_Qlc.I,___~.Dt..M)Z!.(;.;2._____~_I.il?__:_____v.~!".!i. \illy, te,Z1 +4 .., ,.",.r'J \- 1 '"'.: . \ t ,(j Postmark Here James 1. Nelson Michael O. Palermo. Jr eptember 9, 2005 lested Dear Mr. and Mrs. Reisinger: As you know, this office represents Tosha Darr and Ryan Weigle with respect to a real estate transaction, with you, which was cancelled as a result of your breach of the sales agreement. In August, we requested that you immediately return th~: $10,000.00 deposit provided to you by our clients. To date, you have failed to do so. Ms. Darr has advised me that, in the interim, you have located another potential buyer for the property. At this point, I would remind you of the Lis Pendens which we filed in the Cumberland County Court of Common Pleas. Said filing constitutes a written notiice that a legal action has been filed which concerns your property or some interest in that the property. The Lis Pendens serves to inform the general public (and, particularly, anyone interesti:d in buying or financing the property) that there is this potential claim against it. We will not withdraw the Lis Pendens unless you return our clients' deposit. In the alternative, our clients are amenable to an arrangement whereby they receive their deposit monies at the settlement for the property with your "new" buyer; obviously, any such arrangement would have to be coordinated between your settlement attorney/agent and our office in order to ensure that our clients receive the amount you are obliged to provide them. Should you fail to respond to this correspondence within ten (10) days, we will commence a lawsuit against you. You should afford this matter the serious attention that it warrants. I look forward to your prompt response. \ Very tru y urs, --------- llN/jge cc: Tosha Darr 155 South Hanover Street. Carlisle, Pennsylvania 17013. Tel: (717) 241-6070. Fax: (717) 241-6878 www.romingerlaw.com ADVOCACY . ADVICE . ANSWERS Exhibit D SENDER: COMPLETE THIS SECTION . Complete Items t, 2, and 3. Also complete item 4 jf Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the maifpiece, or on the front if space permits. 1. Article Addressed to: I ' "I I; f ';f\,..? ( .;... .-J...;, .',f ~l(l "'-"'...J' -- ' ,~~ ::;'S C.'\ ':1 ,.....--. \-- 1),-. ,/'. .'" / I1Clo' I iC],t: I 1./ ' LC",.;L ~d .Ji;)/ , - .')tz;I1;.-1 ,< ,-: n , . 2. Article Number rr ransfer from service label) PS Form 3811 . February 2004 COMPLETE THIS SECTION ON DELIVERY A. Signature x o Agent o Addressee C" pate of D. elivery I t:??-() 0;- DYes ~o 3. Service Type Gi.certified Mail '0 Registered o Insured Mail o Express Mail jit,Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) DYes 7004 1350 0003 7142 6052 102S95-02-M-1540 Dorriestic Return Receipt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Tosha A. Darr & Ryan L Weigle Plaintiffs v. . CIVIL ACTION - LAW : NO 3578 - 2005 Robert C. Reisinger & Cathy 1. Reisinger, husband and wife, Defendants : JURY TRIAL DEMANDED To: Robert C. Reisinger & Cathy 1 Reisinger 25 Old Stonehouse Road South Carlisle, Pa 17013 IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HA \IE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE AND/OR LOSE PROPERTY OR OTHER Il\1PORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA \IE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE ALA WYER. THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES IRA T MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. ru LrJ o ..D U.S. Postal Service", CERTIFIED MAIL" RECEIPT (DomestIC Mail Only; No Insurance Coverage Provided) Cumberland County Bar Association lue 7013 249-3166 ~ es. Nelson, Esquire outh Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ill # 91144 Attorney for Plaintiffs ru cr ..... i"'- C~ltr'~$1\, , lv.".. Postage $ ,3.1- . '?, '~') I;';; \v/\' .~ ~ \: Postmark He.. TTl o CJ R$turn Reciept Fee Cl (Endol'$Elment Required) r::J Restricted Delivery Fee U1 (Endorsement Required) TTl ..... Certified Fee 1btal Postage & Fees $ i.J ~ d- cr ~ lI~i~~r:!:.~._0k~lk'y-.-- f.:!:~:c.;:_~':'__m.._.... "'PO'8ax'N"d~ I~' d -. h.... c...> (1)~j (' . ca;,;SiOiO;z;",;.4 'd_.V-~-_-~~L~_k__r.Q__0.{:;;f.!: n;.-L- -'. ./c,,- 7 3. C) -on ---l c_ T -~ r ;"' , C~I !':': ,~ l.. SALZMANN HUGI1ES, P.c. BY: E. Ralph Godfrey, Esquire Attorney I.D. No. 77052 354 Alexander Spring Road, Suite I Carlisle, PA 17013 (717) 249-6333 Attorney for Defendants TOSHA A. DARR and RYAN L. WEIGLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW ROBERT C. REISINGER and CATHY J. REISINGER NO. 05-3578 Defendants PETITION TO STRIKE LIS PENDENS NOW COME, Defendants, Robert and Cathy Reisinger, by and through their counsel, Salzmann Hughes, PC, and file this Petition to Strike Lis Pendens in the above referenced matter, and in support thereof state the following: 1. This action arises out of a dispute for monetary damages between the parties concerning a breach of an agreement of sale for real property located at 1351 West Trindle Road, Carlisle, Cumberland County, Pennsylvania. 2. On June 9, 2005, Plaintiffs and Defendants entered into an Agreement of Sale for the property located at 1351 West Trindle Road, Carlisle, Cumberland County, Pennsylvania. 3. On July 15, 2005, Plaintiffs commenced the above action by filing a Writ of Summons. 4. On July 15, 2005, Plaintiffs filed a Praecipe for Lis Pendens, which was entered on the same date against the property located at 1351 West Trindle Road, Carlisle, PA. 5. On November 3,2005, Plaintiffs filed a Complaint at law seeking damages in the amount of $1 0,000 as a result of an alleged breach of contract. Plaintiffs are not seeking title to the real estate. 6. The doctrine oflis pendens is restricted to avoid abuse and when only collateral issues are involved that may affect the parties' interest in property, the doctrine of lis pendens does not apply. 7. The doctrine oflis pendens may not be predicated on an action or suit seeking merely to recover a money judgment. 8. An action for money only, even ifit relates in some way to specific real property, will not support a lis pendens. 9. Where the primary purpose of the lawsuit is to recover damages and the action does not directly affect title to the right of possession ofreal property, the filing of the lis pendens is inappropriate. 10. In this matter, Plaintiffs have abused the use of lis pendens because their current action only collateral involves real estate. II. Plaintiffs have predicated the filing of the lis pendens on an action seeking merely to recover a money judgment. 12. Plaintiffs' action does not support a lis pendens. - 2 - WHEREFORE, Defendants respectfully request that this Honorable Court enter an Order striking the lis pendens indexed against them and their real property. SALZMANN HUGHES, P.C. Dated: I!~ I U)/" BZP E.Ral Attorney .D. . 77052 354 Alexander Spring Road Suite 1 Carlisle, P A 17013 (717) 249-6333 Attorneys for Defendants - 3 - CERTIFICATE OF SERVICE AND NOW, this -ffi day of January, 2006, I, E. Ralph Godfrey, Esquire, of Salzmann Hughes, P.c., attorneys for Defendants, hereby certify that I served a copy of the within Defendants' Petition to Open and/or Strike Judgment this day by depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed to: Karl Rominger, Esquire Rominger, Bayle and Whare 155 Hanover Street Carlisle, PA 17013 r-J (-"l , ,:,-. (--~ , ......l :~) "'n ~::-J l"..... ......l , . f ."- SALZMANN HUGHES, P.c. BY: E. Ralph Godfrey, Esquire Attorney 1.0. No. 77052 354 Alexander Spring Road, Suite I Carlisle, PA 17013 (717) 249-6333 Attorney for Defendants TOSHA A. DARR and RYAN L. WEIGLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW ROBERT C. REISINGER and CATHY 1. REISINGER NO. 05-3578 Defendants DEFENDANTS' REPLY TO PLAINTIFFS' NEW MATTER IN RESPONSE TO DEFENDANTS' PETITION TO OPEN AND/OR STRIJ(}; JUDGMENT NOW COME, Defendants, Robert and Cathy Reisinger, by and through their counsel, Salzmann Hughes, PC, file this Reply to Plaintiffs' New Matter in Response to Defendants' Petition to Open and/or Strike Judgment in the above referenced matter, and in support thereof state the following: 14. Paragraph 14 is an incorporation paragraph to which no response is required. To the extent that a response may be required, it is denied. 15. Denied. Defendants filed their Petition in a timely manner requiring this judgment to be opened. The remaining allegations are denied as conclusions of law. 16. Admitted in part; denied in part. It is admitted that the Amended Writ was filed on July 19, 2005 and served on July 20,2005. The remaining allegations are denied. Strict proofis demanded at the time of trial. 17. Denied. The August 20, 2005 is a written document, which speaks for itself. To the extent that a response may be required, Defendants timely filed their Petition to Open and/or Strike the Judgment. 18. Denied. The September 9, 2005 is a written document, which speaks for itself. To the extent that a response may be required, Defendants timely filed their Petition to Open and/or Strike the Judgment. 19. Admitted. It is admitted that the Complaint was filed on November 3,2005. Since the Complaint does not contain a Certificate of Service, Defendant is unable to determine when Plaintiffs mailed the Complaint. 20. Denied as stated. Based upon Pennsylvania Rule of Civil Procedurc 237.1 . Explanatory Comment -1994, Rule 237.1(a) requires that the Notice of Default be given after the time for required action has expired and at least ten days prior to the filing of the praecipe for judgment. The intent of the rule is to afford a minimum often days after failure to plead to a complaint within which the failure may be cured. To assure this, the notice may not be given until the time for action has elapsed and the failure occurs. Plaintiffs claim to have served their Complaint on November 3, 2005. Assuming this date to be correct, Defendants' response would not have been due until November 23, 2005. Plaintiffs, prior to the expiration of the twenty (20) day period, issued a Ten (10) day Notice of Default on November 22,2005. 21. Denied. Plaintiffs improperly calculated the ten-day period. The initial twenty (20) day time period would have expired on November 23,2005. The ten (10) day notice could not be issued until November 24,2005 requiring a response by December 5, 2005. Plaintiffs prematurely entered judgment on the last day that Defendants could respond. - 2 - 22. Denied. Paragraph 22 is denied as a conclusion of law. To the extent that a response may be required, Defendant has satisfied all three elements required to open the judgment. 23. Admitted in part; denied in part. It is admitted that Defendants' promptly filed their Petition. Furthermore, it is denied that Defendants do not have a meritorious defense and a reasonable explanation for the default. To the contrary, Defendants' Answer sets forth a mcritorious defense and there was no delay since the Petition was filed within the first ten (10) days after the entry of the judgment. 24. Denied. Paragraph 24 is denied as a conclusion of law. 25. Denied. Paragraph 25 is denied as a conclusion oflaw. 26. Denied. To the contrary, Defendants' have sufficiently set forth the required elements necessary to have the judgment opened and would allow the parties to address the merits of the case. 27. Denied. The opening of the judgment would not prejudice Plaintiffs since the judgment had only been entered days before the Petition was filed. - 3- WHEREFORE, Defendants respectfully request that this Honorable Court enter an Order opening and/or striking the judgment entered and permitting Defendants to enter a defense. SALZMANN HUGHES, P.C. By ~~ E. Ralph Godfl . ~ Attorney LD. No. 77052 354 Alexander Spring Road Suite 1 Carlisle, PA 17013 (717) 249-6333 Attorneys for Defendants Dated: II Iv ("&' -4 - CERTIFICATE OF SERVICE AND NOW, this _16th day of January 2006, I, E. Ralph Godfrey, Esquire, of Salzmann Hughes, P.c., attorneys for Defendants, hereby certify that I served a copy of the within Defendants' Petition to Open and/or Strike Judgment this day by depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed to: Karl Rominger, Esquire Rominger, Bayle and Whare 155 Hanover Street Carlisle, PA 17013 ~~/-. E. Ralph Godfrd;c _) .) Cj -n -' , ','n c_ : (":'1 ;, f'o,) '.% _I .' TOSHA A. DARR and RYAN L. WEIGLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW ROBERT C. REISINGER and CATHY J. REISINGER NO. 05-3578 Defendants RULE TO SHOW CAUSE AND NOW, this ;} 3,) day Of~O" upon consideration of Defendants' Petition to Strike Lis Pendens, it is hereby ordered that: (I) a rule is issued upon Plaintiffs to show cause why Defendant is not entitled to the relief requested; (2) the Plaintiff shall file an answer to the petition within twenty days of service upon (hePlaintif~ ~ ~....;. ~ (3) ,.. the petition shall be decided under Pa.R.c.p. No. 206.7; (4) depositions shall be completed within (,D days ofthis date; .. - (5) ~~;t shall ~~ held on 1J.wJ..3,/ Jell) ~n Courtroom ..s'":fthe Cumberland County Courthouse; and (6) notice of the entry of this order shall be:"~,ovided to all parti~ by the Defendant. eTHEC? : / ~p J. 0;OV :\~ () ?,-./~ ,'J '\,.J '\":. ".., .0 , .;l - TOSHA A. DARR and RYAN L. WEIGLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. CNIL ACTION - LAW ROBERT C. REISINGER and CATHY 1. REISINGER NO. 05-3578 Defendants STlPlJLATION On JJI"\ \~ , ,2005, Plaintiffs indexed a Lis Pendens against the Defendants' property located at 1351 West Trind1e Road, Carlisle, PA 17013. Plaintiffs have filed an action in law based upon the theory of breach of contract. Defendants currently have the property for sale. A dispute has arisen as to whether the Lis Pendens is valid. Therefore, the parties agree as follows: 1. The Lis Pendens indexed against the real property is stricken and removed; 2. Upon the settlement of the real property, the sum of$12,500.00 shall be placed into escrow until the above matter has either been settled or an Order has been entered resolving this matter; and 3. The Plaintiffs' judgment against the above property shall be stricken and Dated: tJ - 3-0<c, By removed. Dated5t:w 'J? l u, t By 2minger, Esquire -.:-... Attorneys for Plaintiffs () ~~;~ ~:.'..,- r-' ~'"? CJ o;::~ ..,... rn c:) , <-.) ~, ...;.:.- ,: ~ :~ o ...., 9-. ~.ir~ 'i1~ ~~J \..... :~~\~( -.;<:) ,--i"f\ '':-:::\ -P' ~jJ .-<.. ~ <..;1 c:> - ~ ) 1 ,~ <6 TOSHA A. DARR and RYAN L. WEIGLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW ROBERT C. REISINGER and CATHY J. REISINGER NO. 05-3578 Defendants ORDER AND NOW THIS ~ of r~ , 200bthe Stipulation dated f~, 2005 between the Parties is hereby approved. The terms and conditions in the Stipulation are incorporated herein by reference. FURTHERMORE, the judgment and lis Pendens are hereby stricken as against the property located at 1351 Trindle Road, Carlisle, PA 17013. _.~-) -' ~# ".."".' ~~ J. 1;") \. I~ LS:l lid r ~-.:l ()-'f';"J 'J- \.j ~ ,",\:~l)' I...: ~~ jlt"l(.,. ::1') TOSHA A. DARR and RYAN L. WEIGLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW ROBERT C. REISINGER and CATHY J. REISINGER NO. 05-3578 Defendants snrULA nON Plaintiffs entered judgment against the Defendants on December 5,2005. Defendants have filed a Petition to Open and/or Strike the Judgment on December 9,2005. The Parties agree that the Judgment entered against the Defendants in the above matter shall be opened. Defendants shall file an Answer to the Complaint within t Dated:tj-t.3 ....O~ By 0) days of the attached Order. ey, Esquire or De By ;; < Dated: 1leJ/I;}o06 I / / --- Karl Rominger, Esquire Attorneys for Plaintiffs f--~ {-- ,.....~ ' , ,\ .-\ ,-- ".-.' r- .' Plaintiff =E~~~~~~~:f). '7 I I WL,,..-,- CIVIL ACTION - LAW TOSHA A DARR and RYAN L. WEIGLE v. ROBERT C. REISINGER and CATHY J. REISINGER NO. 05-3578 Defendants ORDER ;') t/J(1A of ~ ,2006, the attached Stipulation between the Parties is hereby approved. It is hereby ORDERED and DECREED that the Judgment entered AND NOW THIS by Plaintiffs on December 5, 2005 is hereby OPENED. Defendants shall file an Answer within twenty (20) days from the date of this Order. J. , . II -O~ oy - J,.." , v ;1':' " i,I SALZMANN HUGHES, P.e. BY: E. Ralph Godfrey, Esquire Attorney I.D. No. 77052 354 Alexander Spring Road, Suite 1 Carlisle, P A 17013 (717) 249-6333 TOSHA A. DARR and RYAN L. WEIGLE Plaintiff v. ROBERT C. REISINGER and CATHY J. REISINGER Defendants Attorney for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3578 NOTICE TO PLEAD TO: Tosha A. Darr and Ryan L. Weigle, Plaintiffs c/o James Nelson, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, P A 17013 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. SALZMANN B E. Ralph odfrey, Esquire Attorney LD. No. 77052 354 Alexander Spring Road Suite 1 Carlisle, PA 17013 (717) 249-6333 Attorneys for Defendant Dated: J-Cj-O(P TOSHA A. DARR and RYAN L. WEIGLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW ROBERT C. REISINGER and CATHY 1. REISINGER NO. 05-3578 Defendants DEFENDANTS ANSWE~ NEW MATTER AND NEW MATTER COUNTERCLAIM TO PLAINTIFFS' COMPLAINT Defendant, Robert C. Reisinger and Cathy J. Reisinger, by and through their attorneys, Salzmann Hughes, P.c. answer the corresponding numbered paragraphs of Plaintiffs' Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted but with qualifications. This paragraph is admitted only to the extent that it accurately reflects a written document, which speaks for itself. 5. Admitted but with qualifications. This paragraph is admitted only to the extent that it accurately reflects a written document, which speaks for itself. 6. Admitted but with qualifications. This paragraph is admitted only to the extent that it accurately reflects a written document, which speaks for itself. 7. Admitted but with qualifications. This paragraph is admitted only to the extent that it accurately reflects a written document, which speaks for itself. 8. Denied. The Agreement of Sale required the Defendants to be responsible for the items listed in Paragraph 7. It did not require, and it is specifically denied, that these items were to be completed by July 1,2005. Furthermore, Defendants are under no obligation to repair or replace the items since Plaintiffs unilateral breached the Agreement of Sale by failing to make their July I, 2005 payment thereby extinguishing any and all legal obligations of Defendants. Strict proof is demanded at the time of trial. 9. Denied. Paragraph 9 is denied as a conclusion oflaw to which no responsive pleading is required. To the extent that a response may be required, Defendants specifically deny that the property is in a state of disrepair and not suitable for habitation. It is further denied that the property is in an abysmal condition. Strict proof is demanded at the time of trial. 10. Denied. Paragraph 10 is denied as a conclusion oflaw to which no responsive pleading is required. Furthermore, it is specifically denied that the Plaintiffs were ready, willing and able to perform all terms ofthe Agreement. Specifically, Plaintiffs unilaterally breached the contract by failing to tender their first payment on July 1,2005. Furthermore, it is believed and therefore averred that Plaintiffs were unable to obtain financing in order to purchase the property. Strict proof is demanded at the time of tria!. 11. Denied. Paragraph 11 is denied as a conclusion oflaw to which no responsive pleading is required. Strict proofis demanded at the time of trial. 12. Denied. Paragraph 12 is denied as a conclusion oflaw to which no responsive pleading is required. Furthermore, it is denied that the $10,000.00 deposit became due and payable to Plaintiffs. Strict proof is demanded at the time of trial. 13. Admitted in part; denied in part. It is admitted that Plaintiffs' counsel wrote to Defendants about Plaintiffs' refusal to purchase the property. Since Plaintiffs' breached the Agreement, Plaintiffs were not entitled to the refund of their deposit. Furthermore, the contract does not permit the Plaintiffs to terminate the Agreement and receive a refund of their deposit. Strict proof is demanded at the time of trial. 14. Denied. Paragraph 14 is denied as a conclusion oflaw to which no responsive pleading is required. Furthermore, Defendants had no obligation to reimburse Plaintiffs since Plaintiffs breached the contract. Strict proof is demanded at the time of trial. 15. Denied. After reasonable investigation Defendants are without sufficient knowledge to either admit or deny the allegations contained in Paragraph 15. To the extent that the Plaintiffs are seeking damages for these items, they are expressly denied since Plaintiffs are responsible for the breach of the Agreement. Strict proof is demanded at the time of trial. 16. Denied. Paragraph 16 is denied as a conclusion oflaw to which no responsive pleading is required. Furthermore, it is denied that Plaintiffs have sustained any damages since they are the party that breached the contract. Also, it is denied that Plaintiffs are not entitled to attorney fees since Pennsylvania law precludes this recover unless the contract expressly provides for it. The Agreement in this matter does not contain the appropriate agreement for attorney fees. Strict proof is demanded at the time of trial. WHEREFORE, Defendants pray that the Complaint against them be dismissed, judgment be entered in their favor and that they be awarded costs of defense and such other and further relief as may be just and appropriate. NEW MATTER By way of further answer and defense, Defendants aver the following New Matter in accordance with Pennsylvania Rule of Civil Procedure 1030: 17. Paragraphs 1 through 16 are incorporated herein by reference as if set forth more fully at length. 18. 19. 20. Plaintiffs' cause of action is barred by the applicable statute oflimitations. Plaintiffs have failed to state a cause of action upon which relief can be granted. Plaintiffs' claim is barred or limited by the doctrine of res judicata and/or collateral estoppel. 21. Defendants did not breach any terms of the Agreement owed to Plaintiffs under the circumstances. 22. Defendants had no obligation to do the repairs or replacements as indicated in Paragraph 7 of the Agreement since Plaintiffs had repudiated the Agreement. 23. Plaintiffs breached the Agreement by failing to make their first payment on July I, 2005. 24. Plaintiffs breached the Agreement by failing to settle on the property on or before December 1,2005. 25. Defendants believe and therefore aver that the reason stated by Plaintiffs in their Complaint is pretextual and the reason for the termination was because they were unable to get financing and because of the incarceration of Defendant Weigle. 26. The real property was in the same condition as it was at the time the Plaintiffs entered into the Agreement. WHEREFORE, Defendants pray that the Complaint against them be dismissed and judgment be entered in their favor and that they be awarded costs of defense such other and further relief as may be just and appropriate. NEW MATTER - COUNTERCLAIM 27. Paragraphs 1 through 26 are incorporated herein by reference as if set forth more fully at length. 28. Counterclaim Plaintiffs and Counterclaim Defendants entered into an Agreement of Sale for the real property on June 9, 2005. 29. The Counterclaim Plaintiffs agreed to sell and Counterclaim Defendants agreed to purchase the real property for the sum of $ 137,000.00. 30. The Agreement required the Counterclaim Defendants to start montWy installment payments on July 1, 2005 in the amount of $900.00. 31. The Agreement also required the Counterclaim Defendants to settle and purchase the real property on or before December 1,2005. 32. Counterclaim Defendants breached the Agreement by failing to pay the July 1, 2005 monthly installment payment as well as the subsequent monthly payments. 33. Counterclaim Defendants breached the Agreement by failing to settle on the property on or before December 1, 2005. 34. Counterclaim Defendants have never made the payments required by the Agreement. 35. Because of Defendants' breaches of the Agreement, Plaintiffs have been damaged in the amount of $50,000.00 Dollars, plus costs and interest. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Counterclaim Plaintiffs and against Counterclaim Defendants in the amount of $50,000.00 Dollars, plus interest, the costs of this action, and such other relief as the Court deems just and proper. SALZMANN HUGHES, P.C. cz By E. Ralph Go frey, Esquire Attorney J.D. No. 77052 354 Alexander Spring Road Suite 1 Carlisle, PA 17013 (717) 249-6333 Attorneys for Defendants Dated: ~- ~ ,.0 Co VERIFICATION We, Robert and Cathy Reisinger, hereby certify that the facts set forth in the foregoing Defendants' Answer, New Matter and Counterclaim are based upon information which we have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on our behalf in this matter. The language of the document is that of counsel and not our own. We have read the document, and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information, and belief. To the extent that the content of the document is that of counsel, we have relied upon such counsel in making this Verification. We hereby acknowledge that the facts set forth in the aforesaid document are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. Date: <:" -1' ,-() (p CERTIFICATE OF SERVICE ^ AND NOW, this L day of /Vti ' 200~ I, E. Ralph Godfrey, Esquire, of Salzmann Hughes, P.C., attorneys for Defendant, hereby certify that I served a copy of the within Defendant's Answer, New Matter and New Matter Counterclaim this day by depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed to: James Nelson, Esquire, (,!e.r ~ ~ "'\",""lC.~ Rominger, Bayle and Whare Hanover Street Carlisle, PA 17013 () r,; l) (~:i sr', '" .' ' ~j) _c' ~.~ .~~ 71. r~.( ..r> (~:: z =< ......, = C;::) c:r> :JI:: >- -< ~ :r n1~ -om :nO aT ::riO _._ -T', o:n ......(") .c-.m ~ ?i5 -< o > :x '-R w -.J TOSHA A. DARR and RYAN L. WEIGLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CNIL ACTION - LAW ROBERT C. REISINGER and CATHY J. REISINGER NO. 05-3578 Defendants PETITION FOR LEAVE TO WITHDRAW APPEARANCE AND NOW, comes Petitioner, Salzmann Hughes, P.C., and hereby respectfully petitions this Honorable Court pursuant to Pennsylvania Rule of Civil Procedure 1012(b) for leave to withdraw as counsel for Defendants and, in support thereof, avers as follows: 1. This is a breach of contract matter. 2. Petitioner was retained to represent the Defendants. 3. Petitioner entered its appearance on or about December 15,2005. 4. At this time, discovery is still in its initial stages and there has been no notice from the Court regarding the listing of this matter for trial. 5. Due to recent events, communications have broken down between Defendants and Petitioner making Petitioner's representation unreasonably difficult, and because of Defendants' inability to further finance this litigation. 6. Petitioners, in accordance with their ethical obligations, have performed the required legal services on behalf of Defendants. 7. Pennsylvania Rille of Professional Conduct 1.16 provides, in pertinent part, that a lawyer may withdraw if the client has rendered the representation unreasonably difficult. 8. Petitioner has communicated to Defendants its intention of withdrawing as counsel. 9. A withdrawal of counsel at this point will not delay the litigation. 10. There will be no prejudice to Defendants under the circumstances since they will have adequate time to retain new counsel to represent them. WHEREFORE, Petitioner respectfully requests that this Court grant its Petition for Leave to Withdraw. Respectfully submitted, B Dated: ~-- J4; - (J Co ... VERIFICATION I, E. Ralph Godfrey, Esquire, hereby certify that the facts set forth in the foregoing Petition to Withdraw as Counsel are true and correct to the best of my knowledge, information and belief, that this Motion is not interposed for the purpose of delay, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. Date: ~,. /6 . () (, (") c: $: vcr nlr: -......., ~:,"" ...-,. C":r; .", ~~:;. ,",,'C; )> (0:_ :Z -4 -< l'>-,J c:::) c;:::) CI"\ ::r:- c:: <D ~ ~:D -oJ;; ~t)9 ~':> 0 ;rT r-.ii -oJo /.:--:m ~ ~ -< 0"\ -0 :x I):' N . .... ~.. TOSHA A. DARR and RYAN L. WEIGLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CNIL ACTION - LAW ROBERT C. REISINGER and CATHY J. REISINGER NO. 05-3578 Defendants RULE AND NOW, this ~ ';;;:ay of ~ 2006, upon consideration of the foregoing _~ -.( c:lqu . - Petition for Leave to Withdraw, a Rule to Show Cause is issued upon the ~1~t;;~ to show cause why the Petition should not be granted. Rule returnable ~. Il.~ d"J of - , ")nQ'"d 0.1.1.111-'111111 CUWUVVI.U ~D - r:i-y~~ . T: J. . tt'~f r> t ~ - -}t ~ . . ~ (..r~~ )f -0 VIN'iA1ASNN3d AlNnCO (1. rnl-:7J8/'Vno 'l Z :01 ~IV 12 SOV 900l AWlONOHJ.OCld 3H.l.:IO 30!:!:<I)-031!:1 TOSHAA. DARRandRYANL. WEIGLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiff v. CIVIL ACTION - LAW ROBERT C. REISINGER and CATHY J. REISINGER NO. 05-3578 Defendants CERTIFICATE OF SERVICE AND NOW, this 24th day of August, 2006, I, E. Ralph Godfrey, Esquire, of Salzmann Hughes, P .C., attorneys for Defendants, hereby certify that 1 served a copy of a Petition for Leave to Withdraw and Rule to Show Cause dated August 21,2006 this day by depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed to: Robert C. & Cathy J. Reisinger 25 Old Stonehouse Road South Carlisle, Pennsylvania 17013 Karl Rominger, Esquire Rominger, Bayle and Whare 155 Hanover Street Carlisle, Pennsylvania 17013 () ~ S,. v'fl.-' r1: f~ -'''". ~::,.;,..: :- ())' , ;:::"'; ,_. "- ~~ =:.:j -< ....., = = "'" ",. c:: <<> N U1 -0 ~ ~ ~~ -om :DC? i-).L ';:1~ '~5B ~rfl ~~ 55 -< N " x:- c..:> PRAECIPE FOR LISTING CASE FOR TRIAL To The Prothonotary of Cumberland County Please list the following case: for Jury trial at the next term of civil court TOSHA A. DARR and RYANL. WEIGLE, Plaintiff's : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO.05 - 3578 ROBERT C. REISINGER and CATHY J. REISINGER, Defendant's : CIVIL ACTION - LAW : JURY TRIAL DEMANDED The trial list will be called on October 10, 2006 Trials commence on November 6,2006 Pretrials will be held on October 18, 2006 (Briefs are due 5 days before pretrials.) Indicate the attorney who will try case for the party who files this Praecipe: Karl E. Rominger, Esquire Indicate trial counsel for other parties if known: E. Ralph Godfrey, Esquire This case is ready for trial. Respectfully Submitted, Rominger & Whare Date: September 14, 2006 ;/ - Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ill # 81924 Attorney for Plaintiff's TOSHA A. DARR and RYANL. WEIGLE, Plaintiff's : IN THE COURT OF COM:MON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.05 - 3518 ROBERT C. REISINGER and CATHY 1. REISINGER, Defendant's : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, do hereby certify that I served a copy of the within Praecipe to List Case for Trial this day upon the following by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: E. Ralph Godfrey, Esquire SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, Pennsylvania 11015 Respectfully Submitted, Rominger & Whare Date: September 14, 2006 9 -.----- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 11013 (111) 241-6010 Supreme Court ill # 81924 Attorney for Plaintiff's (""') C') r'.. . . 'v '- " SALZMANN HUGHES, P.C. BY: E. Ralph Godfrey, Esquire Attorney I.D. No. 77052 354 Alexander Spring Road, Suite 1 Carlisle, P A 17013 (717) 249-6333 Attorney for Defendants TOSHA A. DARR and RYAN L. WEIGLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW ROBERT C. REISINGER and CATHY J. REISINGER NO. 05-3578 Defendants MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE . t")~ AND NOW, TO WIT, thIS ~ day of September, 2006, come E. Ralph Godfrey, Esquire and the law firm of Salzmann Hughes, P.C. and file the within Motion stating in support thereof as follows: 1. On or about August 16, 2006, Movant filed a Motion to Withdraw as Counsel. 2. Pursuant to the above Motion to Withdraw as Counsel, a Rule was issued by the Court on all parties to show cause why Movant should not be allowed to withdraw as counsel. A true and correct copy of the Rule is hereto attached as Exhibit "A". 3. On August 24, 2006, Movant caused a copy of the Rule to be served on Defendants, Robert C. Reisinger and Cathy J. Reisinger, by United States First Class Mail, and a copy of the Rule was also served on Karl Rominger, Esquire, counsel for Plaintiff by United States First Class Mail. A true and correct copy of the "Proof of Service" is hereto attached as Exhibit "B". '. 4. The Rule was returnable in twenty (20) from the date of service. 5. Neither Defendants nor Plaintiffs have filed a response to Movant's Motion to Withdraw as their counsel. WHEREFORE, Movant respectfully requests this Honorable Court to make a Rule issued absolute and enter an Order granting Movant's Motion to Withdraw as Counsel. Respectfully submitted, Dated: 9 ~ If" tHo By E. Ralph Go ey, Esquire Attorney I.D. No. 77052 354 Alexander Spring Road, Suite 1 Carlisle, PA 17013 (717) 249-6333 Attorneys for Defendants VERIFICATION I, E. Ralph Godfrey, Esquire, hereby certifY that the facts set forth in the foregoing Motion to Make Rule to Show Cause Absolute are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. Date: tt - IE --0 h CERTIFICATE OF SERVICE I, E. Ralph Godfrey, Esquire, hereby certifY that o~ I'f f Y loo" I served a copy of f the foregoing Order and Motion to Make Rule to Show Cause Absolute upon all parties to this action, by United States First Class Mail, postage pre-paid, addressed to: Robert C. Reisinger & Cathy J. Reisinger 25 Old Stonehouse Road Carlisle, P A 17013 Karl Rominger, Esquire Rominger, Bayle and Whare 155 Hanover Street Carlisle, PA 17013 ~ . .... ,. TOSHA A. DARR and RYAN L. WEIGLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW ROBERT C. REISINGER and CATHY 1. REISINGER NO. 05-3578 Defendants RULE AND NOW, this ~ l~daYOf ~ 2006, upon consideration of the foregoing _~ -.( Ct1w ~ ~ Petition for Leave to Withdraw, a Rule to Show Cause is issued upon the ~~11~ to show cause why the Petition should not be granted. Rule returnable ~ lb." ~1 of p ')1\1\'1 ",L .wJpm In a.wv~ - ;~ d-y ~ ~ · 1. A TOSHA A. DARR and RYAN L. WEIGLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW ROBERT C. REISINGER and CATHY J. REISINGER NO. 05-3578 Defendants CERTIFICATE OF SERVICE AND NOW, this 24th day of August, 2006, I, E. Ralph Godfrey, Esquire, of Salzmann Hughes, P.C., attorneys for Defendants, hereby certifY that I served a copy of a Petition for Leave to Withdraw and Rule to Show Cause dated August 21, 2006 this day by depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed to: Robert C. & Cathy J. Reisinger 25 Old Stonehouse Road South Carlisle, Pennsylvania 17013 Karl Rominger, Esquire Rominger, Bayle and Whare 155 Hanover Street Carlisle, Pennsylvania 17013 {) ~ () ., ::::;j CD -.r~t r.:, -.) ,:;:-1 ,."~ :n --<: J ~ .-' 1--:::------.--.-,- r -, 7:" r_,_::::.----.--. ---, -A >O;1~,__.:._---1 '~'- ; - ~:~,7 ) ! S E P 2 0 2006 6~cc-~=~ccJ ? TOSHAA. DARRandRYANL. WEIGLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW ROBERT C. REISINGER and CATHY J. REISINGER NO. 05-3578 Defendants ORDER AND NOW, TO WIT, tlris2~ day of ~ ' 2006, it is ORDERED, ADJUDGED, and DECREED that: 1. The Rule to Show Cause is made absolute; and 2. E. Ralph Godfrey, Esquire, and the law firm of Salzmann Hughes, P.c., are hereby permitted to withdraw as counsel for Robert C. Reisinger and Cathy J. Reisinger. J. ~ VII'N!\lASNN3d I ! fl.JrlCY' nl:n~r:;q;Nnl"'\ ^-U'I, -', . ,,'~., V IV SS :6 ~nf 22 d3S quill ABltlONOH10tid 3H1 :10 30H30-0311:l ( , r . TOSHA A. DARR and RYAN L. WEIGLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW ROBERT C. REISINGER and CATHY J. REISINGER NO. 05-3578 Defendants PRAECIPE TO WITHDRAW APPEARANCE Kindly withdraw my appearance as counsel for Defendants in the above-referenced matter. Respectfully submitted, Dated: It). /f,--t)G SALZMANN HUGHES, P.C. Bye ph Attorney I. . No. 77052 354 Alexander Spring Road, Su Carlisle, P A 17013 (717) 249-6333 Attorneys for Defendants / . .. . CERTIFICATE OF SERVICE I, E. Ralph Godfrey, Esquire, hereby certify that on 18th Day of October, I served a copy of the foregoing Praecipe to Withdraw upon all parties to this action, by United States First Class Mail, postage pre-paid, addressed to: Robert C. Reisinger & Cathy J. Reisinger 25 Old Stonehouse Road Carlisle, P A 17013 Karl Rominger, Esquire Rominger and Whare 155 Hanover Street Carlisle, P A 17013 - 0:> ~ - - ~ ~~ j)9 '~.o -~'r""--r\ :.~ ::Q ~o ~(t"I ~ ::- ~ r'" 2, 2" tr> '"'Q' rr t:!j ~r' fZ; i;, m~"v ::.(.".; ; rLC ;;>: C) ~o yC -? 2. ~ ~ <f?, :;....\ .. TOSHA A. DARR and RYAN L. WEIGLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW ROBERT C. REISINGER and CATHY J. REISINGER NO. 05-3578 Defendants PRAECIPE TO WITHDRAW APPEARANCE Kindly withdraw my appearance as counsel for Defendants in the above-referenced matter. Respectfully submitted, Dated: /0-- (0-'0' Bv "' E, 11 Godfre ,E ire Attorney 1.0. No. 77052 354 Alexander Spring Road, Suite 1 Carlisle. PA 17013 (717) 249-6333 Attorneys for Defendants TOSHA A. DARR and RYAN L. WEIGLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LA W ROBERT C. REISINGER and CATHY J. REISINGER NO. 05-3578 Defendants CERTIFICATE OF SERVICE AND NOW, this 10th day of October. 2006, I, Mary M. Cook, Paralegal, of Salzmann Hughes, P.c., hereby certify that I served a copy of a Petition to Withdraw dated October 10, 2006 this day by depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed to: Robert C. & Cathy J. Reisinger 25 Old Stonehouse Road South Carlisle, Pennsylvania 170 I 3 Karl Rominger. Esquire Rominger, Bayle and Whare 155 Hanover Street Carlisle. Pennsylvania 17013 IY\~~ Mary M. Cook g S::l -00:- q;q\ ~.....~.~ Ze,: (j) ,>,: ../ - ~C ""- r- 4'~) ~O Pc. Z 3 t-.:I ~ o ~ ~ ~~ -o~ - :tsY CD '::;, Q, '1:"''; -0 C::>-"'" -- ~:e. ~\ --- 0" - --I N ~ (..,.) TOSHA A. DARR and RYAN L. WEIGLE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-3578 CIVIL ROBERT C. REISINGER and CATHY J. REISINGER, Defendants ORDER AND NOW, this /1 - day of October, 2006, trial herein is continued and the Prothonotary is ordered and directed to list this matter for trial during the term commencing February 5, 2007. BY THE COURT, kl Rominger, Esquire For the Plaintiffs ~hY J. Reisinger, Pro Se Defendant J :rlm ~ \iINVA1,\SNN3d I..!.' NIY"I'-j ni ,;"-'J:::::t;::jif\ln'" " ! '\'~'_. .',', ,_."..Jfl! tJ. 6€ :t ~ld 61 130900Z , AtN10NOHJ:.Ot:ld." : 3KLdO 381:L-t<raJlJ! vs. RLED-Oi--liCE OF THE PROTHONOTARY 2006 OCT 19 PN 3: 39 IN THE COU,J}T OF COMMON PLEAS OF CUMBERLA~l,fuM~,'f,y; >Pi1J~SYL VANIA ffi;1f\JS~;n!A!\JIA CIVIL ACTION - LA W NO. 05-3578 CIVIL TOSHA A. DARR and RYAN L. WEIGLE, Plaintiffs ROBERT C. REISINGER and CATHY J. REISINGER, Defendants IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held October 19,2006, were Karl Rominger, Esquire, attorney for the plaintiffs, and Cathy 1. Reisinger, appearing pro se. An amicable resolution of this matter appears possible and the parties agreed to a continuance of this matter to the next term of court. An order continuing the case has been entered of even date herewith. October 19,2006 AJ Karl Rominger, Esquire For the Plaintiffs Cathy 1. Reisinger, Pro Se Defendant Court Administrator :rlm t ~ #2 TOSHA A. DARR and, RYAN L. WEIGLE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ROBERT C. REISINGER and CATHY J. REISINGER, Defendants 05-3578 CIVIL TERM PRETRIAL CONFERENCE A pretrial conference was held in the chambers of Judge Oler in the above-captioned case on Wednesday, January 17, 2007. Present on behalf of the Plaintiffs was Karl E. Rominger, Esquire. Defendants, who are pro se, did not appear in person, nor were they represented, at the pretrial conference. In addition to not appearing for the pretrial conference, Defendants did not submit a pretrial memorandum. This is a breach of contract case involving an agreement of sale for realty, wherein Plaintiffs were buyers and Defendants were sellers. Defendants allegedly failed to prepare the property as required for sale, failed to proceed with the sale, and failed to return Plaintiffs' $10,000 down payment. Plaintiffs seek restitution and incidental expenses. Defendants have filed a counterclaim alleging that Plaintiffs failed to proceed with settlement as required. This will be a jury trial in which each side will have four peremptory challenges for a total of eight. The estimated duration of trial is one day. With respect to settlement negotiations, it does not appear that the parties are presently negotiating. It is noted for the benefit of the parties that the trial term at which this case will be tried commences on Monday, ( .. February 5, 2007, at 9:00 a.m. By the Court, Arl E. Rominger" Esquire 155 South Hanover Street Carlisle, PA 17013 For the Plaintiffs Abert C. & CathiY J. Resisinger, 25 Old Stonehouse Road Carlisle, PA 17013 Defendants, Pro Se Prothonotary ~ Court Admin pcb "--,-;'M.-'t"\ ''''ll ;.J L I :01 ~tl~ B I NVr LOOZ ^' ...'\.1' i-)!\!'-d" I"~",: I :::iHl JO UVl.'vI'\J'1 u.~.,-,a... .J 38L J:I()'lJ3l!:l TOSHA A. DARR and RYAN L. WEIGLE, Plaintiff s : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.05 - 3578 ROBERT C. REISINGER and CATHY J. REISINGER, Defendant's : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ORDER And now this 5th day of February 2007, upon agreement of the parties, it is hereby Ordered that the monies now held in escrow for this case be divided, and the escrow agent is directed to pay the first $7000.00 of said escrow to Plaintiffs and their attorney Karl E. Rominger, Esq. The remaining monies are to be released to Defendants. Upon completion of the payment of said funds, the Plaintiff s attorney will discontinue this action with prejudice. If the this matter for Trial. , Plaintiff may then list monies are not paid within 15 days, or for some reason are not avai J. / Karl Rominger, Esq. - teJ-. e",?? ~ ;:;/.If'/o") Cathy 1. Reisinger, Pro Se - &,vi. c!~ ~ C)/s)p Court Administrator 8 if :0 ! :t! ~ ; .J C 0..'. 'r["z ., - <' 'i.' L ,j -' ,-,._.!...J VI,.J