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Home My WebLink About05-4711NEIL HALL, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. WILMA JEAN THOMAS, CHARLES, CIVIL DIVISION LAW HALL and EUGENE THOMAS, / Defendants : NO. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 NEIL HALL, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, :PENNSYLVANIA V. WILMA JEAN THOMAS, CHARLES, HALL and EUGENE THOMAS, Defendants CIVIL DIVISION LAW NO. OS - •C/7 COMPLAINT OF PLAINTIFF NEIL HALL AND NOW, comes the Plaintiff, Neil Hall, (hereinafter "Plaintiff'), by and through his attorney, John J. Mangan, hereby files his Complaint against Wilma J. Thomas, Charles Hall and Eugene Thomas, (hereinafter "Defendants") and in support thereof avers as follows: Plaintiff, Neil Hall, is an adult individual who resides at 59 North East Street, Carlisle, PA 17013 2. Defendants Wilma J. Thomas and Eugene Thomas are adult individuals with a residence at 162 Lincoln Street, Carlisle, PA 17013. Defendant Charles Hall is an adult individual who primary place of business is 162 Lincoln Street, Carlisle, PA 17013. 4. Plaintiff and Defendants are owners of a business property designated as the Lincoln Motel located at 145 Lincoln Street, Carlisle, PA 17013. 5. Plaintiff owns a twenty five percent share of the Lincoln Motel since on or about 1969. 6. The Lincoln Motel has 16 rooms and upon Plaintiff's information and understanding, each room had been rented for ninety two dollars per week until March 2005. In March of 2005, the Lincoln Motel temporarily ceased operations for renovations to the premises. 8. In July of 2005, the Lincoln Motel suffered extensive fire damage to the premises. COUNT I UNJUST ENRICHMENT 9. Paragraphs I through 8 are incorporated by reference as if the same were set forth fully at length herein. 10. Plaintiff is/has been entitled to his proportionate share (25%) of any monies received (minus operating expenses) from the rental of rooms of the Lincoln Motel. IL Since 1969, Plaintiff has never received his proportionate share (25%) of any monies received from the rental of rooms of the Lincoln Motel, all to Plaintiff s great detriment and loss. 12. Upon information and belief, Defendants have received proceeds from the business operation of the Lincoln Motel. 13. The Defendants have been unjustly enriched at the Plaintiffs expense. 14. Plaintiff demands an accounting of all rent monies received from 1969 until the present for the Lincoln Motel. 15. Plaintiff demands an accounting of all business operating expenses from 1969 until the present for the Lincoln Motel. 16. Plaintiff demands that he be compensated 25% of all monies received (minus operating expenses) from 1969 until the present. 17. Plaintiff demands a key to the Lincoln Motel to ascertain the extent of fire damage to his property. 18. Plaintiff demands that proof of fire insurance for the Lincoln Motel be produced by the Defendants. WHEREFORE, Plaintiff, Neil Hall respectfully requests that judgment be entered in his behalf and against Defendants in an amount estimated to be $200,000.00 according to proof to be demanded at trial and such further relief as the Court deems just and proper. COUNT I I- BAD FAITH 19. Paragraphs 1 through 18 are incorporated herein as though set forth at length. 20. Defendants have violated their fiduciary, contractual, and/or statutory duties by acting in bad faith toward the Plaintiff in the following particulars: (a) In refusing to compensate and/or negotiate a reasonable settlement for Plaintiff's entitlement to compensation for rental income for the Lincoln Motel despite repeated demands therefore; (b) In refusing to or failing to, and in bad faith, properly value Plaintiffs share of proceeds/income from the Lincoln Motel since 1969; and (c) In refusing to or failing to, and in bad faith, turn over a key to the Lincoln Motel, despite Plaintiff's legal ownership interest in the Lincoln Motel. WHEREFORE, Plaintiff, Neil Hall, demands compensatory, consequential, and punitive damages from Defendants an amount estimated to be $200,000.00 according to proof to be demanded at trial, plus interest, court costs, attorney's fees and such other relief as this Court deems just and proper. Respectfully submitted, Dated: Law Office of John J. Mangan By: JohAJ. Esquire 35 igh Street, Ste. 4 Carlisle, PA 17013 717-241-2446 Attorney I.D. No. 87000 (J Attorney for Plaintiff Verification 1, Neil Hall, hereby verify that the facts contained within the foregoing Complaint are true and correct to the best of my knowledge, information and belief and are made pursuant to 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. /%. -(/, ??? Neil Hall Date: el- ???os' NEIL HALL, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. : CIVIL DIVISION LAW WILMA JEAN THOMAS, CHARLES, HALL and EUGENE THOMAS, Defendants NO. CERTIFICATE OF SERVICE I, John J. Mangan, do hereby certify that on this ? day of jy,?2005, I caused a true and correct copy of the foregoing Complaint on behalf of the Plaintiff, to be served upon the following persons: Wilma J. Thomas 162 Lincoln Street, Carlisle, PA 17013 Eugene Thomas 162 Lincoln Street, Carlisle, PA 17013 Charles Hall 162 Lincoln Street, Carlisle, PA 17013 /-^( rV^1 v \ ` ?? ?_? ? r'- -n :=?; cii -a _ ti ,,_ T ? ? ?? ? .? -? ? -G SHERIFF'S RETURN - REGULAR CASE NO: 2005-04711 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HALL NEIL VS THOMAS WILMA JEAN ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon THOMAS WILMA JEAN the DEFENDANT , at 1743:00 HOURS, on the 14th day of September, 2005 at 162 LINCOLN STREET CARLISLE, PA 17013 by handing to EUGENE THOMAS ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4 . 00 rl' Postage .37 Surcharge 10.00 R. Thomas Kline .00 32.37 09/15/2005 JOHN MANGAN Sworn and Subscribed to before By: me this i-fe day of Deputy heriff A. D. P otar SHERIFF'S RETURN - REGULAR CASE NO: 2005-04711 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HALL NEIL VS THOMAS WILMA JEAN ET AL BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE THOMAS EUGENE was served upon the DEFENDANT , at 1743:00 HOURS, on the 14th day of September, 2005 at 162 LINCOLN STREET CARLISLE. PA 17 EUGENE THOMAS by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this z- day of A. D. Pr n tart' So Answers: R. Thomas Kline 09/15/2005 JOHN MANGAN By: / U? Deput eri f SHERIFF'S RETURN - REGULAR CASE NO: 2005-04711 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEIL VS THOMAS WILMA JEAN ET AL BRYAN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HALL CHARLES the DEFENDANT at 1743:00 HOURS, on the 14th day of September, 2005 at 162 LINCOLN STREET CARLISLE, PA 17013 by handing to EUGENE THOMAS ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of S A. D. IGrG =] rot tary So Answers: R. Thomas Kline 09/15/2005 JOHN MANGAN By: 4 Deputy eriff NEIL HALL, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. CIVIL DIVISION LAW WILMA JEAN THOMAS, CHARLES, HALL and EUGENE THOMAS, Defendants : NO. 05-4711 Civil Term NOTICE To: Neil Hall 59 North East Street Carlisle, PA 17013 Please be advised that John J. Mangan, Esq. has filed a Petition for Leave of Court to Withdraw as Counsel. NEIL HALL, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. CIVIL DIVISION LAW WILMA JEAN THOMAS, CHARLES, HALL and EUGENE THOMAS, Defendants : NO. 05-4711 Civil Term PETITION FOR LEAVE OF COURT TO WIITIDMW APPEARANCE AND NOW, comes John J. Mangan, Esq., currently counsel for the Plaintiff, Neil Hall, (hereinafter "Plaintiff'), and hereby requests leave of court to withdraw as counsel for Plaintiff and in support thereof avers as follows: 1. Plaintiff currently resides at 59 North East Street, Carlisle, PA 17013. 2. Undersigned counsel and Plaintiff have come to a point where their attorney- client relationship has deteriorated whereby undersigned counsel can not further represent Plaintiff. 3. Plaintiff has indicated that he is not satisfied with undersigned counsel's representation. 4. Undersigned counsel can not represent Plaintiff due to expectations that can not be met. WHEREFORE, undersigned counsel, John J. Mangan, Esq., currently counsel for the Plaintiff, Neil Hall, (hereinafter "Plaintiff'), hereby requests this Honorable Court to grant leave of court to withdraw as counsel for Plaintiff, Neil Hall. Respectfully submitted, Law Office of John J. Mangan By. 9 ----- John &E:q 35 t I igh StStre, 2 04 Carlisle, PA 17013 717-241•-2446 Attorney I.D. No. 87000 Dated: /C/' o fps / Attorney for Plaintiff Ve ' n Yerithat the facts contained within the foregoing I> John Mangan, hereby fy t to the best of my knowledge, Petition to Withdraw as Counsel are true and correc information and belief and are made pursuant to 18 Pa.C.S. § 4904, relating 10 unswom falsification to authorities. Date: lz C NEIL HALL, Plaintiff hn angan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, V. WILMA JEAN THOMAS, CHARLES, HALL and EUGENE THOMAS, Defendants PENNSYLVANIA CIVIL DIVISION LAW NO. 05-4711 Civil Term CERTIFICATE OF SERVICE I, John J. Mangan, do hereby certify that on this 20th day of October, 2005, I caused a true and correct copy of the foregoing Petition to Withdraw as Counsel and Notice, to be served upon the following persons via hand-delivery: Neil Hall 59 North East Street Carlisle, PA 17013 Hubert X. Gilroy, Esq. 4 North Hanover Street Carlisle, PA 17013 NEIL HALL, Plaintiff v WILMA JEAN THOMAS, CHARLES HALL and EUGENE THOMAS Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 05-4711 CIVIL TERM CIVIL DIVISION-LAW PRELIMINARY OBJECTIONS Defendants, WILMA JEAN THOMAS, CHARLES HALL and EUGENE THOMAS, by their attorneys, Broujos & Gilroy, P.C., set forth the following Preliminary Objections to Plaintiff's Complaint: 1. There is no statutory basis for the claim of attorney's fees alleged in the Complaint and said claim should be dismissed. 2. Plaintiff has essentially alleged fraud against the Defendants in Count II (paragraphs 19-20) and said fraud has not been alleged with detailed facts as required by Court Rules. 3. Plaintiff has failed to exhaust his remedies by filing a Partition Action against the Defendants relating to the property. 4. Plaintiffs Complaint is a mixture of legal and equitable remedies and Plaintiff has not properly pled a basis for equitable remedies under the Complaint. 5. Defendants demurrer to Plaintiffs Complaint. WHEREFORE, the Defendant's request your Honorable Court to dismiss Plaintiffs Complaint. Date Respectfully submitted, Hubert X. ilroy, Esquire Broujos Gilroy, P.C. 4 Nort Hanover Street Carlisle, PA 17013 Attorney for Defendants e.,,, } _ / _i j .... 1. _. `? _. __• ?. . !..'.. NEIL HALL, Plaintiff In Pro Per ; V. ; WILMA JEAN THOMAS, CHARLES HALL and EUGENE THOMAS Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LAW CASE NO. 05-4711 MOTION FOR DEFAULT JUGEMENT C.C.P.' On September 9, 2005 Defendants were served a copy of the complaint. On October 7, 2005 Defendant's Attorney, Hubert X. Gilroy received the appropriate 10 day notice prior to this filing for a DEFAULT JUDGEMENT. Defendant's Attorney has not responded. Therefore in accordance with C.C.P. Z<s . Plaintiff request a DEFAULT JUDGEMENT against the Defendants. By' In Pro Per Neil Hall 59 North East Street Carlisle, Pa. 17013 Phone # (717) 243-2443 .? ..?. ?c.cH`??--D -. - ,.. _... _... r?.,_ ?5 `? s ?? 6° NEIL HALL, Plaintiff VS. WILMA JEAN THOMAS, CHARLES HALL and EUGENE THOMAS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4711 CIVIL IN RE: PETITION TO WITHDRAW AS COUNSEL ORDER AND NOW, this 2-7' day of October, 2005, a rule is issued on all parties to show cause why John J. Mangan, Esquire, ought not to be permitted to withdraw as counsel. This rule returnable ten (10) days after service. BY THE COURT, ./'eil Hall 59 North East Street Carlisle, PA 17013 ,i6hn J. Mangan, Esquire For the Plaintiff L f4bbert X. Gilroy, Esquire For the Defendants Am k P r, .._ , . I 1 '3 NEIL HALL, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. CIVIL DIVISION LAW WILMA JEAN THOMAS, CHARLES, HALL and EUGENE THOMAS, Defendants NO. 05-4711 Civil Term MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND NOW, comes John J. Mangan, Esq., currently counsel for the Plaintiff, Neil Hall, (hereinafter "Plaintiff'), and hereby respectfully moves this Court to make absolute the Rule to Show Cause, which was issued in the above-captioned matter on October 27, 2005, and in support of this motion states the following: 1. Undersigned counsel filed a Petition for Leave to Withdraw as Counsel on behalf of Plaintiff on October 20, 2005. 2. This Honorable Court issued a Rule on all parties to show cause why undersigned ought not be permitted to withdraw as counsel and said rule was returnable ten days after service. 3. Counsel for Defendants has indicated that he does not oppose undersigned counsel's withdrawing from representation of Plaintiff and has not responded to the issued Rule to Show Cause. 4. Plaintiff did not respond to the issued Rule to Show Cause. WHEREFORE, John J. Mangan, Esq. respectfully requests that this Court make the Rule to Show Cause Absolute and to grant leave of court to withdraw as counsel for Plaintiff, Neil Hall. Respectfully submitted, Dated: {, f l U s Law Office of John J. Mangan By: John J. an Esquire 35 Easti igh Street, Ste. 204 Carlisle, PA 17013 717-241-2446 Attorney I.D. No. 87000 Verification 1, John Mangan, hereby verify that the facts contained within the foregoing Motion to make rule absolute are true and correct to the best of my knowledge, information and belief and are made pursuant to 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. John eanlDate: NEIL HALL, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL DIVISION LAW WILMA JEAN THOMAS, CHARLES, HALL and EUGENE THOMAS, Defendants NO. 05-4711 Civil Term CERTIFICATE OF SERVICE I, John J. Mangan, do hereby certify that on this 20th day of December, 2005, I caused a true and correct copy of the foregoing Motion to Make Rule Absolute to be served upon the following persons via US mail and/or hand-delivery: Neil Hall 59 North East Street Carlisle, PA 17013 Hubert X. Gilroy, Esq. 4 North Hanover Street Carlisle, PA 17013 ?? =' ' {? ? I . <ry "tl l.. L'? -{ T T " ) .? (" ..R (Ti _ ?? .. .1...; '?C.1 v (P; ? ? "yl :? NEIL HALL, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. CIVIL DIVISION LAW WILMA JEAN THOMAS, CHARLES, HALL and EUGENE THOMAS, Defendants NO. 05-4711 Civil Term ORDER AND NOW, this zz-tday of 2005, it is hereby ADJUDGED, ORDERED and DECREED that the rule, which was issued to all parties on October 27, 2005, to show cause why John J. Mangan, Esq.'s Petition to Withdraw as Counsel should not be granted, is made absolute and John J. Mangan's request to withdraw as Plaintiff's counsel is GRANTED. By the Court: ?5 JA i 4r ?J i'lu Curtis R. Long Prothonotary office of the Protbonotarp Cutuberianb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 0 S" - y 7 / CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY n-- r-%irrt,,,,,cP cn„arr. - Carlisle. Pennsvlvania 17013 - (717) 240-6195 - Fax (717) 240-6573