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Home My WebLink About06-4360James L. Goldsmith, Esquire Attorney I.D. No. 27115 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 SUZANNE GALE, Plaintiff VS. HOWARD C. GALE DEVELOPMENT, CO., INC. and JULIA F. GALE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-41360 dull ferp- CIVIL ACTION LAW JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. Writ of Summons shall be issued and forwarded to ( X) Attorney ( )Sheriff. James L. Goldsmith. Esquire Attorney I.D. No. 27115 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prott oDate: by Deputy 05052-104721 O O i T James L. Goldsmith, Esquire Attorney I.D. No. 27115 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 SUZANNE GALE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. HOWARD C. GALE DEVELOPMENT, CO., INC. and JULIA F. GALE, Defendants NO. 06-4360-Civil Term CIVIL ACTION LAW JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I, David H. Radcliff, Esquire, am authorized to accept service of the Complaint on behalf of Defendants Howard C. Gale Development, Co., Inc. and Julia F. Gale docketed to the above term and number. David H. Radcliff, Esquire RADCLIFF, LAW OFFICE, P. / 20 Erford Road, Suite 200 Lemoyne, PA 17043 05652/104771 Yqoc, An(I 6- ? N SUZANNE GALE, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4360-Civil Term HOWARD C. GALE DEVELOPMENT CO., INC. and JULIA F. GALE, Defendants CIVIL ACTION LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Howard C. Gale Development Co., Inc. and Julie F. Gale in the above -captioned matter. David H. Radcliff Attorney I. D. No. 25483 Radcliff Law Office, P. C. 20 Erford Road, Suite 200 Lemoyne, PA 17043 (717) 236-9318 ti CERTIFICATE OF SERVICE AND NOW, this 4th day of August, 2006, I, David H. Radcliff, hereby certify that I have served the foregoing Praecipe for Entry of Appearance by mailing a true and correct copy by first class mail, postage prepaid, addressed as follows: James L. Goldsmith, Esquire CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110-1533 Attorney I. D. No. 25483 Radcliff Law Office, P. C. 20 Erford Road, Suite 200 Lemoyne, PA 17043 Attorney for Howard C. Gale Development Co, Inc. and Julie F Gale 1-0 ~ s Ap r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SUZANNE GALE, CASE NUMBER: 06-4360 Plaintiff ISSUE NUMBER: V. CIVIL ACTION LAW HOWARD C. GALE DEVELOPMENT PLEADING: CO., INC. AND JULIA F. GALE, PRAECIPE FOR WITHDRAWAL/ Defendants ENTRY OF APPEARANCE CODE AND CLASSIFICATION: FILED ON BEHALF OF: HOWARD C. GALE DEVELOPMENT CO., INC. AND JULIA F. GALE, Defendants. COUNSEL OF RECORD: DENNIS J. BONETTI, ESQUIRE Pa. ID# 34329 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 AP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SUZANNE GALE, Plaintiff V. HOWARD C. GALE DEVELOPMENT CO., INC. AND JULIA F. GALE, Defendants CASE NO: 06-4360 CIVIL ACTION LAW PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw my appearance on behalf of the Defendants, Howard C. Gale Development Co., Inc. and Julia F. Gale, in the above-captioned matter. CIPRIANI & WERNER, P.C. BY: 2??1111 DAVID H. RA CLI F, ESQUI Attorney I.D. #25483 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Date:f ?? (717) 975-9600 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter my appearance on behalf of the Defendants, Howard C. Gale Development Co., Inc. and Julia F. Gale, in the above-captioned matter. CIPRIANI & WERNER, P.C. BY: J. BONETTI, ESQUIRE I.D. #34329 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Date: ? 3 () ? (717) 975-9600 f CERTIFICATE OF SERVICE That counsel for the Defendants, Howard C. Gale Development Co., Inc. and Julia F. Gale, hereby certifies that a true and correct copy of its PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE has been served on all counsel of record, by first class mail, postage re-paid, according to the Pennsylvania Rules of Civil Procedure, on the --- 3 day of , 2007. 101- James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 Respectfully submitted, CIPRIANI & RNER, P.C. f, BY: DE J. BONETTI, ESQUIRE Cou el for the Defendants, Ho and C. Gale Development Co., Inc. and Julia F. Gale n ? ° cy ° .-? ?= -?? Pi'rt ? .r+G ?, SS'; ? ?? , ?' } _? ? '_ _ ? ? if ??Y a ;? ? ? _ ? ?. James L. Goldsmith, Esquire Attorney I.D. No. 27115 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 SUZANNE GALE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. HOWARD C. GALE DEVELOPMENT NO. 06-4360-Civil Term CO., INC. and JULIE F. GALE Defendants CIVIL ACTION LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Howard C. Gale Development Co., Inc. and Julie F. Gale C/O Dennis J. Bonetti, Esquire Cipriani & Werner 1011 Mumma Road, Suite 200 Lemoyne, PA 17043-1145 YOU ARE HEREBY NOTIFIED that the Complaint set forth herein contain averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, Date: June "2007 By: ` James L. Idsmith, s ire '.Attorne.D. No. 27 1 C____QA-L1:5WELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorneys for Plaintiff -7- James L. Goldsmith, Esquire Attorney I.D. No. 27115 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 SUZANNE GALE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. HOWARD C. GALE DEVELOPMENT NO. 06-4360-Civil Term CO., INC. and JULIE F. GALE Defendants CIVIL ACTION LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiff, Suzanne Gale, by her attorneys, Caldwell & Kearns, and files this Complaint, and in support thereof avers as follows: 1. The Plaintiff is Suzanne Gale, an adult individual who resides at Hood Lane, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is Howard C. Gale Development Co., Inc., a Pennsylvania corporation with a registered principal office address of 105 Fairway Drive, Camp Hill, PA 17011. 3. The Defendant is Julie F. Gale, an adult individual who resides at 105 Fairway Drive, Camp Hill, Cumberland County, Pennsylvania. 4. The Plaintiff is the owner of real property identified as 49 Old Farm Road, Camp Hill, Cumberland County, Pennsylvania (hereinafter, "49 Old Farm Road"), evidenced by a deed recorded on October 1, 1996, in Cumberland County Deed Book 146, Pages 1005-1008. 5. Between February 1, 1998, and April 15, 2006, the Defendants maintained control over the property identified as 49 Old Farm Road. 6. Between February 1, 1998, and April 15, 2006, the Defendants rented the property identified as 49 Old Farm Road. 7. Between February 1, 1998, and April 15, 2006, the Defendants collected at least $117,300.00 in rental payments for the lease of the property identified as 49 Old Farm Road. 8. None of the funds received by the Defendants between February 1, 1998, and April 15, 2006, as rental payments for the lease of the property identified as 49 Old Farm Road were paid to the Plaintiff. COUNT I: CONVERSION 9. Paragraphs 1 through 8, inclusive, of this Complaint are incorporated herein by reference as if set forth in full. 10. The Plaintiff did not consent to the Defendants' lease of, or any other possession or use of, the property identified as 49 Old Farm Road. 11. The actions of the Defendants deprived the Plaintiff of her property rights as the owner of the property identified as 49 Old Farm Road. 12. As the owner of the premises, the Plaintiff is entitled to all monies paid for the lease of the property identified as 49 Old Farm Road. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter judgment in her favor and against the Defendants in the amount paid as rent for the -2- lease of the property identified as 49 Old Farm Road between February 1, 1998, and April 15, 2006, which is an amount in excess of $35,000, together with interest thereon from the date the monies were received by the Defendants COUNT II: UNJUST ENRICHMENT 13. Paragraphs 1 through 12, inclusive, of this Complaint are incorporated herein by reference as if set forth in full. 14. The Defendants received a benefit in the form of monies paid between February 1, 1998, and April 15, 2006, as rent for the lease of the premises identified as 49 Old Farm Road. 15. The benefit received by the Defendants as described in 114, above, was at the expense of the Plaintiff. 16. The Defendants were aware of and appreciated the benefit bestowed on them by the Plaintiff. 17. The Defendants accepted and retained the benefit bestowed on them by the Plaintiff. 18. The Plaintiff was not aware of and did not consent to bestowing the benefit described in ¶ 14, above. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter judgment in her favor and against the Defendants in the amount paid as rent for the lease of the property identified as 49 Old Farm Road between February 1, 1998, and April 15, 2006, which is an amount greater than $35,000, together with interest thereon from the date the monies were received by the Defendants. -3- Respectfully submitted, CALDWELL & KEARNS Date: / -°2/` -eJ 7 BY: James . Gol ith Esquire Atto ey I.D. 2 115 ,GALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorneys for Plaintiff -4- - :.4 VERIFICATION I, Suzanne Gale, verify that the information contained in the foregoing document is true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. X Date: LTLI SK Nr; Suz 7 1 ale -5- CERTIFICATE OF SERVICE AND NOW, this Z&"*' day of 2007, 1 hereby certify that I have served a copy of the Complai t on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Dennis J. Bonetti, Esquire Cipriani & Werner 1011 Mumma Road, Suite 200 Lemoyne, PA 17043-1145 Attorney for Defendants CALDWELL & KEARNS 05-652/117349 -6- Q C- r; "rte Liu IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SUZANNE GALE, Plaintiff V. HOWARD C. GALE DEVELOPMENT CO., INC. AND JULIA F. GALE, CASE NUMBER: 06-4360 ISSUE NUMBER: CIVIL ACTION LAW PLEADING: ANSWER AND NEW MATTER OF Defendants DEFENDANTS, HOWARD C. GALE DEVELOPMENT CO., INC. AND JULIA F. GALE, TO PLAINTIFF'S COMPLAINT CODE AND CLASSIFICATION: TO: PLAINTIFF AND HER COUNSEL YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED ANSWER AND NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED A n_ A TXTO'r V/%T T FILED ON BEHALF OF: HOWARD C. GALE DEVELOPMENT CO., INC. AND JULIA F. GALE, Defendants. COUNSEL OF RECORD: DENNIS J. BONETTI, ESQUIRE Pa. ID# 34329 ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SUZANNE GALE, Plaintiff CASE NO: 06-4360 CIVIL ACTION LAW V. HOWARD C. GALE DEVELOPMENT CO., INC. AND JULIA F. GALE, Defendants ANSWER AND NEW MATTER OF DEFENDANTS HOWARD C. GALE DEVELOPMENT CO., INC. AND JULIA F. GALE, TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendants, Howard C. Gale Development Co., Inc. and Julia F. Gale ("Defendants"), by and through their attorneys, Cipriani & Werner, and file this Answer and New Matter to Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Defendants are advised and therefore aver that the allegations contained in paragraph 5 state conclusions of law to which no response is required. By way of further answer, at all times relevant hereto, Plaintiff owned the 49 Old Farm Road property and consented to any alleged "control" over the 49 Old Farm Road property by Defendants. Furthermore, Defendants' alleged "control" consisted solely of the rental of the premises and the associated obligations pursuant to the associated Lease Agreements, including property maintenance, rent collection, payment of taxes, and other related costs. 6. Admitted with clarification. Defendants rented 49 Old Farm Road from February 1, 1998 to April 15, 2006 without objection from Plaintiff, who knew, or should have known, as early as October 1, 1996 that she was the record owner of the property. 7. Admitted with clarification. Although Defendants collected $117,300.00 in rental payments for the lease of 49 Old Farm Road, Defendants also incurred related expenses including, but not limited to, real estate taxes, repair and maintenance costs, insurance premiums, utility bills, income taxes, and other associated costs. 8. Admitted in part and denied in part. It is admitted that none of the rental payments for the lease of 49 Old Farm Road Defendants received between February 1, 1998 and April 15, 2006 were paid to Plaintiff. It is specifically denied, however, that Plaintiff is entitled to the total amount of rental payments, as alleged. COUNT I - CONVERSION 9. Defendants incorporate paragraphs 1 through 8 above as if fully set forth herein at length in response to paragraph 9 of Plaintiff's Complaint. 10. Denied. Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 10 of Plaintiff's Complaint state conclusions of law to which no answer is required. To the extent a further response is required, Plaintiff knew, or should have known, of her ownership interest in 49 Old Farm Road as early as October 1, 1996. Plaintiff's failure to act under these circumstances is tantamount to the consent of Defendants' activities in relation to 49 Old Farm Road. 11. Denied. Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 11 of Plaintiff's Complaint state conclusions of law to which no answer is required. To the extent a further response is required, Plaintiff was never deprived of her ownership rights at 49 Old Farm Road as Plaintiff was the record owner at all times relevant. 12. Denied. Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 12 of Plaintiff's Complaint state conclusions of law to which no answer is required. To the extent a further response is required, all monies paid for the lease of 49 Old Farm Road is not the proper measure of damages under the facts and circumstances of this case. WHEREFORE, Defendants respectfully request that this Honorable Court dismiss Plaintiff's Complaint. COUNT II - UNJUST ENRICHMENT 13. Defendants hereby incorporate paragraphs 1 through 12 above as if fully set forth herein at length in response to paragraph 13 of Plaintiff's Complaint. 14. Denied. Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 14 of Plaintiff's Complaint state conclusions of law to which no answer is required. To the extent that a further response is required, Defendants also incurred expenses to their detriment including, but not limited to, property taxes, repair and maintenance costs, insurance premiums, utility bjlls, income taxes, and other related costs. 15. Denied. Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 15 of Plaintiff's Complaint state conclusions of law to which no answer is required. To the extent that a further response is required, Defendants also incurred expenses to their detriment including, but not limited to, property taxes, repair and maintenance costs, insurance premiums, utility bills, income taxes, and other related costs. 16. Denied. Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 16 of Plaintiff's Complaint state conclusions of law to which no answer is required. To the extent that a further response is required, Defendants also incurred expenses to their detriment including, but not limited to, property taxes, repair and maintenance costs, insurance premiums, utility bills, income taxes, and other related costs. 17. Denied. Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 16 of Plaintiffs Complaint state conclusions of law to which no answer is required. To the extent that a further response is required, Defendants also incurred expenses to their detriment including, but not limited to, property taxes, repair and maintenance costs, insurance premiums, utility bills, income taxes, and other related costs. 18. Denied. Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 18 of Plaintiffs Complaint state conclusions of law to which no answer is required. To the extent a further response is required, Plaintiff knew, or should have known, of her ownership interest in 49 Old Farm Road as early as October 1, 1996. Plaintiff's failure to act under these facts and circumstances is tantamount to Plaintiff s consent to any alleged benefit bestowed upon Defendants. WHEREFORE, Defendants respectfully request that this Honorable Court dismiss Plaintiff's Complaint. NEW MATTER 19. Plaintiff's claims are barred, in whole or in part, by the two year statute of limitations applicable to conversion. 20. Plaintiff's claims are barred, in whole or in part, by the four year statute of limitations applicable to unjust enrichment. 21. Plaintiff's claims are barred, in whole or in part, by the doctrine of laches. 22. Plaintiff's claims are barred, in whole or in part, by the doctrine of unclean hands. 23. Plaintiff knew, or should have known, that she was the record owner of 49 Old Farm Road as early as October 1, 1996 and at all times relevant hereto. 24. Plaintiff should have discovered her alleged right to the rental income from 49 Old Farm Road, if any, as early as October 1, 1996. 25. Plaintiff's failure to act under the circumstances is tantamount to consent of Defendant's activities in renting, maintaining, and managing 49 Old Farm Road. 26. Plaintiff has alleged an improper measure of damages. To the extent Plaintiff is allegedly entitled to reimbursement of rental income, if any, said amount should be reduced by the related expenses Defendants incurred in renting 49 Old Farm Road, including, but not limited to, real estate taxes, maintenance and repair costs, insurance premiums, utility bills, income taxation, and other associated costs. 27. Plaintiff's alleged damages, if any, should be set off by a reasonable property management fee for Defendants' management of 49 Old Farm Road from February 1, 1998 to April 15, 2006. 28. Discovery may reveal that Plaintiff's claims may be barred in whole or in part by one or more of the affirmative defenses set forth in Pa. R.C.P. 1030, which are incorporated herein by reference, including, but not limited to, accord and satisfaction, justification, license, payment, and/or privilege. WHEREFORE, Defendants respectfully request that this Honorable Court dismiss Plaintiff's Complaint. Respectfully Submitted, CIPRIANI & WERNER, P.C. Date: 07-31 BY: DENNIS J. BONET I, RE ADAM L. SEIFERTH, S IRE Attorney I.D. #34329 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 Counsel for the Defendants, Howard C. Gale Development Co., Inc. and Julia F. Gale VERIFICATION I hereby affirm that the following facts are correct: Howard C. Gale Development Company, is a Defendant in the foregoing action. The attached Answer and New Matter is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation for this lawsuit. The language of the Answer and New Matter is that of counsel anc not of me. i havi; react the Answer and New Matter and to the extent that the Answer and New Matter is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer and New Matter is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Answer and New Matter is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Dated: -?? - A rized Representative of Howard C. Gale Development Company CERTIFICATE OF SERVICE That counsel for the Defendants, Howard C. Gale Development Co., Inc. and Julia F. Gale, hereby certifies that a true and correct copy of its ANSWER AND NEW MATTER OF DEFENDANTS, HOWARD C. GALE DEVELOPMENT CO., INC. AND JULIA F. GALE, TO PLAINTIFF'S COMPLAINT has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the `? 607 day of 0 " -,2007. James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: DENNIS J. BONET I, S IRE ADAM L. SEIFERTH, S IRE Counsel for the Defenda , Howard C. Gale Development Co., Inc. and Julia F. Gale c- ? •'(- -am y ' 7- C.? ? C-rC7 r-a ORIGINAL James L. Goldsmith, Esquire Attorney I.D. No. 27115 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 SUZANNE GALE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. HOWARD C. GALE DEVELOPMENT NO. 06-4360-Civil Term CO., INC. and JULIE F. GALE Defendants CIVIL ACTION LAW JURY TRIAL DEMANDED ANSWER OF PLAINTIFF SUZANNE GALE TO PLAINTIFF'S NEW MATTER AND NOW, come the Plaintiff, Suzanne Gale, by her attorneys, Caldwell & Kearns, and files this Answer to New Matter, and in support thereof avers as follows: 19. Denied. The averments of paragraph 19 are conclusions of law and no Answer is required. 20. Denied. The averments of paragraph 19 are conclusions of law and no Answer is required. 21. Denied. The averments of paragraph 19 are conclusions of law and no Answer is required. 22. Denied. The averments of paragraph 19 are conclusions of law and no Answer is required. 23. Denied. The averments of paragraph 19 are conclusions of law and no Answer is required. By way of further Answer, the records at the Courthouse will indicate that taxes and other notices were served upon Defendant Julia F. Gale as opposed to the record owner. 24. Denied. The averments of paragraph 19 are conclusions of law and no Answer is required. 25. Denied. The averments of paragraph 19 are conclusions of law and no Answer is required. 26. Denied. The averments of paragraph 19 are conclusions of law and no Answer is required. 27. Denied. The averments of paragraph 19 are conclusions of law and no Answer is required. 28. Denied. The averments of paragraph 19 are conclusions of law and no Answer is required. Respectfully submitted, Date: August 20, 2007 BY; Jam s L. G s h, Esquire A rney I. . No 27115 ALDWE EARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorneys for Plaintiff -2- CERTIFICATE OF SERVICE AND NOW, this ZOA? day of , 2007, 1 hereby certify that 1 have served a copy of Defendant uzanne Gale's Answer to New Matter on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Dennis J. Bonetti, Esquire Cipriani & Werner 1011 Mumma Road, Suite 200 Lemoyne, PA 17043-1145 Attorney for Defendants CALDWELL & KEARNS By 05-652/121489 -3- •t I cx; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SUZANNE GALE, Plaintiff V. HOWARD C. GALE DEVELOPMENT CO., INC. AND JULIA F. GALE, Defendants CASE NUMBER: 06-4360 ISSUE NUMBER: CIVIL ACTION LAW PLEADING: PRAECIPE FOR WITHDRAWAL/ ENTRY OF APPEARANCE CODE AND CLASSIFICATION: FILED ON BEHALF OF: HOWARD C. GALE DEVELOPMENT CO., INC. AND JULIA F. GALE, Defendants. COUNSEL OF RECORD: DENNIS J. BONETTI, ESQUIRE Pa. ID# 34329 ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SUZANNE GALE, ) CASE NO: 06-4360 Plaintiff ) CIVIL ACTION LAW V. ) HOWARD C. GALE DEVELOPMENT CO., ) INC. AND JULIA F. GALE, ) Defendants ) PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw my appearance on behalf of the Defendants, Howard C. Gale Development Co., Inc. and Julia F. Gale, in the above-captioned matter. CIPRIANI & WERNER, P.C. BY: DE S J. BO NAttgi/ney y for HOWARD C. GALE DEVELOPMENT CO., INC. AND JULIA F. GALE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter my appearance on behalf of the Defendants, Howard C. Co., Inc. and Julia F. Gale, in the above-captioned matter. CIPRIANI & WERNER, P.C. BY: ADAM L. SbIFER H, Attorney for HOWARD DEVELOPMENT CO., JULIA F. GALE AND Gale Development CERTIFICATE OF SERVICE That counsel for the Defendants, Howard C. Gale Development Co., Inc. and Juli Gale, hereby, certifies that a true and correct co a F. py of its WITHDRAWAL/ENTRY OF APPEARANCE has been served on all counsel?ECIPE FOR class m - , postage pre-paid, according to the Pennsylvania Rules of Civil Proced rd, by first -? day of _ 4, v , 2008 ure, on the James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: 11 ADAM L. SEIFER E Counsel for the Defenda ts, Howard C. Gale Develo e t Co., Inc. and Julia F. Gale C> c . - ?, --ri t r• ? ? ?. . S"Y i ?,y ?:?? C.I? .?" 1 ? '.l ?' .... 4 ...?4 j l? { t .?'? ? ' V ••. '? ?? James L. Goldsmith, Esquire Attorney I.D. No. 27115 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 jgoldsmith@CKLegal.net 717-232-7661 717-232-2766 (Fax) F THE?RL ROHOl4 0TAr?v 7010 DEC 13 AM 11: 03 CUMBERLAND COu T y PENNSYLVANIA, SUZANNE GALE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. HOWARD C. GALE DEVELOPMENT NO. 06-4360-Civil Term CO., INC. and JULIE F. GALE Defendants CIVIL ACTION LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE. SETTLE AND END TO THE PROTHONOTARY: Please mark the above-captioned action discontinued, settled and ended. Respectfully submitted, Date: December 10, 2010 BY: CALDWELL & KEARNS 5L L. Goldsmith sl rney I.D. No. 15 DWELL & K NS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorneys for Plaintiff CERTIFICATE OF SERVICE AND NOW, this 10th day of December, 2010, 1 hereby certify that I have served a copy of the Praecipe to Discontinue, Settle and End on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Adam L. Seiferth, Esq. Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Attorney for Defendants CALDWELL & KEARNS By 05-652/168232 -2-