HomeMy WebLinkAbout02-2322CITIZENS FIRE COMPANY NO.
OF MT. HOLLY SPRINGS,
Plaintiff
vs.
1
J~4ES F. MERRITTS and
CONNIE L. MERRITTS, his wife,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
ACTION FOR DECLAP~ATORY JUDGMENT
JURY TRIAL DEMANDED
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
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 A LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET
LEGAL HELP.
Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
CITIZENS FIRE COMPANY NO.
OF MT. HOLLY SPRINGS,
Plaintiff
vs.
JAMES F. MERRITTS and :
CONNIE L. MERRITTS, his wife, :
Defendants :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
c wL AOT O -
ACTION FOR DECLAP~TORY JUDGMENT
JURY TRIAL DEMANDED
AND NOW, comes the Plaintiff, Citizens Fire Company No. 1 of
Mt. Holly Springs, by its attorney, Dale F. Shughart, Jr.,
Esquire and makes the following Complaint:
1. The Plaintiff is Citizens Fire Company No. 1 of Mt.
Holly Springs, a Pennsylvania non-profit corporation with its
office and place of business at 100 Chestnut Street, Mt. Holly
Springs, Cumberland County, PA 17065.
2. The Defendants are James F. Merritts and Connie L.
Merritts, his wife, adult individuals who reside at 2137 Arcona
Road, Mechanicsburg, Cumberland County, PA 17055.
3. This is an action for declaratory judgment pursuant to
42 Pa.C.S. §§7531 et seq. for the purpose of determining a
question of actual controversy between the parties as hereinafter
more fully appears.
4. On September 30, 2001 Plaintiff and Defendant entered an
Agreement of Sale for sale by Merritts and purchase by Citizen's
of a tract of unimproved land containing fourteen (14) acres,
more or less, situate, in the Borough of Mt. Holly Springs,
-1-
Cumberland County, Pennsylvania. A true and correct copy of the
Agreement of Sale, including Addendum, is attached hereto, made a
part hereof and marked Exhibit "A".
5. A portion of the Agreement of Sale aforesaid was a "Plot
Plan" of the property of Merritts proposed to be subdivided,
signed by members of Citizens Fire Company and Merritts. This
original document was retained by said agent, Neff, and is in the
possession of R.L. Simons & Associates.
6. Members of the Fire Company met with Seller's Agent, Don
Neff, and discussed the developability of the land. On a
separate copy of the Plot Plan Seller's Agent, Don Neff, drew a
highlighted orange line which depicted the approximate location
of the boundary of the floodway area to the rear or northern
portion of the land situate along Mountain Creek and the Flood
Fringe area and told members of the Plaintiff negotiating for the
purchase that approximately ten (10) acres were readily
developable. Based upon the representations of Seller's Agent,
as confirmed by the floodway boundary line depicted by Seller's
agent on a Plot Plan, Plaintiff proceeded on the understanding
that approximately ten (10) acres of the land in question was
readily developable.
7. The Fire Company's intention was to build a recreational
building in the center part of the premises for the various
activities including fund raisers, fairs, raffles and bingo. In
order to qualify for such use a Special Exception was required by
--2--
the Mt. Holly Springs Borough Zoning Hearing Board.
8. The Addendum to the Agreement of Sale, which provided
for approval by the Zoning Hearing Board for "recreational use"
was contemplated and understood by all concerned to mean a
recreational building located in the center of the lot.
9. On November 20, 2001, the Zoning Hearing Board of Mt.
Holly Springs granted Citizens Fire Company a Special Exception
to construct a recreational building in the residential district.
10. Merritts obtained subdivision approval from the Borough
of Mt. Holly Springs creating a tract of land containing 13.65
acres pursuant to the aforesaid Agreement of Sale.
11. After a copy of the Subdivision Plan was provided to
the attorney for Citizens Fire Company, the attorney notified the
Fire Company that the boundary between the flood fringe area and
the floodway area was not located to the rear of the property,
but was in fact located near the front of the property. The
total area developable without special permits from the Borough
of Mt. Holly Springs and PA Department of Environmental
Protection is approximately three (3) acres situate within the
flood fringe area. The balance of the land, containing ten or
more acres, is located within the floodway area and is
undevelopable without special permits and possibly variances.
-3-
12. In order to build a structure within the floodway area
in addition to a special exception for recreational use in an R-2
residential district, the Citizen's Fire Company would be
required to comply with Section 709 of the Mt. Holly Springs
Zoning Ordinance and might also require a variance pursuant to
Section 710 of the Mt. Holly Springs Zoning Ordinance, Ordinance
No. 95-9, as amended.
13. The Agreement of Sale provided that the contract would
be null and void if the Zoning Hearing Board failed to approve
the tract of land for a recreational building not later than
December 20, 2001. Citizens Fire Company, being unaware that the
land upon which they intended to construct their recreational
building was located in a floodway area and might require
variances in addition to a Special Exception, made no request for
special permits or variances from the Mt. Holly Springs Zoning
Hearing Board to construct a building in the floodway.
14. Citizens Fire Company believes and therefore avers that
the failure to obtain any variances which may be necessary to
locate a recreational building within the floodway area within
the time provided by the Agreement rendered the contract null and
void on December 21, 2001.
15. The price which Citizens Fire Company agreed to pay
Merritts, One Hundred Twenty Thousand ($120,000.00) Dollars, was
predicated upon a value of readily developable land containing
approximately ten (10) acres of land being valued at Ten Thousand
--4--
($10,000.00) Dollars per acre, and approximately four (4) acres
of undevelopable land at a value of approximately Five Thousand
($5,000.00) Dollars per acre.
16. The majority of the land in question being located
within the floodway area and therefore undevelopable without
special permits, contrary to the representations made by the
Seller's agent used to establish the purchase price, and as
visually depicted by the Seller's agent upon a Plot Plan of the
land, the land which is subject to the Agreement of Sale is worth
substantially less than the readily developable land which the
Fire Company bargained to purchase.
17. Citizens Fire Company believes and therefore avers that
by virtue of the failure of the land in question to be
developable without special permits as represented by Seller's
agent, the Agreement of Sale is null and void, at the election of
the Fire Company.
18. In Paragraph 14 of the Agreement of Sale Seller
represented to Buyer that they had no notice of "land use
restrictions other than zoning". In fact Defendant knew, or
reasonably should have known, that the majority of the land in
question was located within a FEMA floodway area and was
therefore subject to special requirements of the Borough of Mt.
Holly Springs, the Federal Government (Corp of Engineer) and
State Government (DEP) regarding construction of any building
within the floodway area and intentionally or negligently
misrepresented the character of the land to the Plaintiff.
19. The cost of attempting to obtain the necessary
approvals to build within the floodway are excessive and
unreasonable, approximately Forty Thousand ($40,000.00) Dollars
to Eighty Thousand ($80,000.00) Dollars, and approval for the
special permits and/or variances could still be denied.
20. For the foregoing reasons the Citizens Fire Company
believes and therefore avers that the Agreement of Sale is null
and void due to the fact that the vast majority of the land in
question is undevelopable without special permits and perhaps
variances due to its location within the floodway, and that its
character was misrepresented to the Plaintiff in the negotiations
which led to the agreement on the purchase price.
21. Plaintiff's attorney has advised Defendant's attorney
that Plaintiff considers the Agreement of Sale to be null and
void and has requested that the Plaintiff's Ten Thousand
($10,000.00) Dollar down payment be refunded to it.
22. Defendant's attorney has advised Plaintiff that the
Defendant's position is that the Agreement of Sale is not null
and void, and Plaintiff is obligated to complete purchase of the
property in accordance with the terms and conditions of the
Agreement of Sale and demand settlement on or before May 31,
2002.
-6-
WHEREFORE, Plaintiff requests Your Honorable Court to enter
judgment:
a. Declaring that the Agreement of Sale by and between
the Plaintiff and the Defendant dated September 30, 2001 is null
and void;
b. Declaring that the Defendant shall be required to
refund Plaintiff's Ten Thousand ($10,000.00) Dollar down payment
to the Plaintiff; and
c. Granting such further relief
appropriate.
as the Court may deem
Respectfully submitted,
BY: Dal~~e F. ~~, Jr.
Supreme Cou~t I.D. 19373
35 East High Street, Suite 203
Carlisle, PA 17013
(717) 241-4311
-7-
VERIFICATION
David L. Collins, President, Citizens Fire Company No. 1 of
Mt. Holly Springs hereby verifies that the facts set forth in the
foregoing Complaint are true and correct to the best of his
knowledge, information and belief, and understands that false
statements herein are made subject to the penalties of 18 Pa.
C.S. §4904 relating to unsworn f~ificatio~.0~
-7-
AGREE ~NT FOR THE SALE OF VACANT ' ~ND
, ' ' t PA' LICENSED BROKER PA LICENSED BROKER
blSTING BROKER (Company)~. ~.. ~ rv~o ~ SELLING BROKER (Company)
~.~ %. /Aa~o~,~-~ .~. ~DD~SS
ADDRESS -- --
D~IGNA~D AGE~ FOR SE~ER (if appll~ble)
DESIGNATED AGENT FOR BUYER (if applicable)
PROPERTY (1-98) Seller hereby agre~ to sell and convey to Buyer, who hereby agrees to purchase: .~o~ v ~P~ ~
A~_L THaT CERTAIN lot or piece of ground ,with bulldth~s and imp?vemen~ thereon erected, if any, k~n~wn ~s: ~ ~ -- ,.] .
'~::h,,~-,~ ~ ~? I~G)/.,~-..%~''''~' T~ ~'~/IoO - ~,,~ ~.."C_~"-t- '~'L.,c,.~ C/
i.,,e of .
County of ~ ,t~.~ ~ ~.~_ I-- ~ ~.J f~ in the Commonwealth of Pennsylvani~ Z~ Code / 170 ~.~'
Ineutifleatinn (e.g~ T~x [I~ parcel #; Lot, Block, Deed Book, Page, Recordln~ Da,e)
TERMS (1
whkh wtfl b~ Imld to Seller by Buyer as follows:
(D)
(E) Cash. cashier's or cci*dried check at time of sefficment:
(F)
20
22
23
23 b~ (G) Seller's written approval to be on or before:
z§
3O
32
olher lienable municipal services. The charges are to be pro-rated for the period(s) covered: Setler will pay up to and including the date
38 39
50 [] s~
67
~? (r.,.FIIgANCING CONTINGENCY (1 -(X)) ~
~9 [] ~ 7o
~
132 O.~ S]'I'E WATER SERVICE INspECTION COI~rrl~G~. C.Y_ ......... ofl--i~e wa~r ~ewice insT~eCbOn of die Property. BUYER WAIVES
a ACC~ lhePr~llyandlhewat~r~r~P:~an~iJreq ~; · ' · '~l~p~.s 150
165 Ouyerlnitia M(.) '~'~/"1
255
276 ~ ~v~ ~ 277
283 ..... ·
300 in paxa~-~ph 23 of tiffs Ag~ement ........ 3o~
358
..... A/~=V[, page 4 of 6
364
, ~ht of P~ot~tion ~g~in~ sul~de~ ~UlL~S f~o~ ¢°~ r~Lr~ng °Pe~U°~' ~n~ that th~ ~ ~
Zlo 1. Accept the Propeay ~ is and agree t~ ?~ RELEASE set ?nh m P~ 23
...... · ' ' 237
Buyers Business Brokerage
Land Development
Site Locations
Commercial Sales
Residential Sales
ADDENDUM
IT IS AGREED AND UNDERSTOOD that this Contract is contingent upon the
following:
Subdivision approvals of all the portion of land that lies within the Mt. Holly
Springs Borough of Deed No's 15D/100 and 15Q/458 from the Township of
South Middleton and the Borough of Mt. Holly Springs (see sign Plot Plan).
Subdivision approvals will be completed on or before March 31, 2002 or this
Contract will be null and void and deposit money returned to Buyers in full.
Subdivision approvals of above-mentioned tracts will be the responsibility
and expense of the Seller.
Approval of Mt. Holly Springs Borough to use above-mentioned tracts for
recreational purposes for the Mt. Holly Springs Fire Department.
Approval to use above-mentioned tract from Zoning Hearing Board for
recreational use will be no later than December 20, 2001 or this Contract will
be null and void and deposit money returned to Buyers in full.
Approval will be the responsibility and expense of the Mt. Holly Springs Fire
Department.
Witness
Witness
Witness
Witness
Date
Date
Date
Date
325 S. Hanover Street Carlisle. PA 17015 (717) 249-5555 Fax (717) 249-8032
www.t hetristate.com/rlsimons rlsimons@pa.net
CITIZENS FIRE COMPANY NO. 1
OF MT. HOLLY SPRINGS,
Plaintiff
JAMES F. MERRITTS and
CONNIE L. MERRITTS, his wife,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02-2322 CIVIL TERM
:
: CIVIL ACTION - LAW
:
: ACTION FOR DECLARATORY JUDGMENT
:
: JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Luther E. Milspaw, Jr., Esquire, as counsel for Defendants, James
F. Merritts and Connie L. Merdtts, his wife, in the above captioned matter.
Respectfully submitted,
May 24, 2002 BY:
(717) 236-0781; FAX (717) 236-0891
Email: Lmils0aw~mblawfirm. eom
Attorney for Defendants
CITIZENS FIRE COMPANY NO. I
OF MT. HOLLY SPRINGS,
Plaintiff
JAMES F. MERRITTS and
CONNIE L. MERRITTS, his wife,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02-2322 CIVIL TERM
: CIVIL ACTION - LAW
: ACTION FOR DECLARATORY JUDGMENT
: JURY TRIAL DEMANDED
_CERTIFICATE OF SERVICE
AND NOW, this 24th day of May, 2002, I hereby certify that on this day I serwd the foregoing
Ento/of Appearance, by depositing the same in the U.S. mail, First Class postage pre-paid, at Harrisburg,
Pennsylvanio addressed as follows:
Dale F. Shughart, Jr.,Esquire
35 East High Street, Suite 203
Carlisle, PA 17013
Elizabe~ M. Patterson, Paralegal for
Luther E. Milspaw, Jr., Esquire
CITIZENS FIRE COMPANY NO. 1
OF MT. HOLLY SPRINGS,
Plsintiff
JAMES F. MERRITTS and
CONNIE L. MERRITTS, his wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-2322 CIVIL TERM
CIVIL ACTION - LAW
ACTION FOR DECLARATORY JUDGMENT
JURY TRIAL DEMANDED
PRELIMINARY OBJECTION ON GROUNDS OF AGREEMENT
FOR ALTERNATIVE DISPUTE RESOLUTION
And now come Defendants by their attorney Luther E. Milspaw, Jr., Esquire and file this
Preliminary Objection on the grounds that the parties agreed to Alternative Dispute Resolution
pursuant to Pa. R.C.P. 1028 (a)(6) and in support thereof avers as follows:
1. Plaintiff has attached as Exhibit A to the Complaint a true and correct copy of the
"Agreement for the Sale of Vacant Land, with Addendum".
2. Pursuant to Paragraph 27, entitled Mediation, on Page 6 of 6 of Exhibit A, the
parties elected to "try to resolve any dispute or claim that may arise from this Agreement of Sale
through mediation, in accordance with the Rules and Procedures of the Home Sellers/Home
Buyers Dispute Resolution System ...... "
3. Pursuant to the terms of the mediation paragraph, the parties acknowledged that
they had received, read and understood the rules and procedures of the Home Sellers/Home
Buyers Dispute Resolution SYstem and agreed that the agreement to mediate disputes arising
from the Agreement would survive settlement. (A copy of Page 6 of Exhibit A is appended
hereto).
Wherefore, Defendants request that this civil action be dismissed and the matter referred
to mediation.
May 30, 2002
Res
Attorney ID # 19226
130 State Street, P.O. Box 946
Harrisburg PA 17108-0946
(717) 236-3141; FAX (717) 236-0791
Email: Lmilspaw(~mblawfit m. com
CITIZENS FIRE COMPANY NO. 1
OF MT. HOLLY SPRINGS,
Plaintiff
JAMES F. MERRITTS and
CONNIE L. MERRITTS, his wife,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, pENNSYLVANIA
: NO. 02-2322 CIVIL TERM
:
: CIVIL ACTION - LAW
: ACTION FOR DECLARATORY JUDGMENT
: JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 30th day of May,2002, I hereby certify that on this day I served the foregoing
Preliminary Objection on Grounds of Agreement for Alternative Dispute Resolution, by depositing
the same in the U.S. mail, First Class po~ge pre-paid, at Harrisburg, Pennsylvania addressed as follows:
Dale F. Shughart, Jr.,Esquire
35 East High Street, Suite 203
Carlisle, PA 17013
Elizabeth M. Patterson, Paralegal for
Luther E. Milspaw, Jr., Esquire
· ~ ' -nent contains the whole a~'mant between Sctle~ an~ "u)~r and them are no other tcnm, obligations, 463
ss3 (O It is fm~er understood that this Al' onceming this salt. F-.u~hetmoTe, this Agt~- ssa
4ss ~covenants, .=t~mtattom, mtem~ or conditions, m-al or mbe~ise of any kind wlmtsoe 455
sss merit will not be iflte~d, mnended, chanBe~ or mocl~.ed exc~ m wnun$ executed I~ thc p&tms. 4ss
4ss ~ ~D) Tbehea~np, cal~iom,andlinenuml~sinthisA~mienta~mea~t°nlyt°malteiteastert°rmdthc~s'
4s7 2S. TIMEOFTh~.~DI~AU~.T(.I~0) r .~-,~.oeffm. mm~ceofanvoftheobliBatiomofthisAgreemema~ebembYag~eedl°be sss
468 The said time for settlemem and all omm' Im~es ,;l~t~.,~..-. -.- ~--.-- =__ _e ~C.2 _... s- ~unt~ from the date of execafiml, b~ excluding the 469
4§9 of the Qss~ of this A~l~eefnenL For the pmF~ of ~lzs A~ment, n~u~- us uaya w., ~ ~ 470
47e d~y this A~n~mem was execule~ mi ~g ~be IBSt dr/of the dine Pe~od. Should Buyer: 471
472 (B) ~lllllish ~alSe Ol' ~ ir. xulumu~ ........ w · -- , ' -- - 475
473 Staass Or fail tO cooperate Jfl tbe l~ocassJnJ°f the financing app|jcnti°n* wh|ch acts w°u|d result m ~e f~l~ t° °~m ~ "~svv~ of a ~ 474
474 inS comm~mte~t; OR 475
475 (C) Violate or fail to fulfill m~d perform rely otbe~ terms or coflditions of this Apeemen~ on account of purchase
416 then in such c.~e, Sdler hms the option of retnlning all sums paid by Buye', IndodJnn thc deposit monies, 1) 478
477 pr~, or 2) ~s modes to be mpplled to Seller's daml~as, or 3) is liq~d~ed dmlmKes I~r tach breich, u Seller in~ dec~ unJess
othmwise checked below,
479 F'I Seller is llmit~d to mt~LnL~S sums .P~d by Buyer: ~ .ncl..l~dinK. deP~,.~tm es,
480 If Seller elects lo retain all sums prod by Buyer, mClm3m8 Ctep~iK monsas, as _~ ....... 481
481 f~thm' IiabLUt~ or obliestto~ ~ thi.s ,A~. _m~l__t ~w_ill~be~V~tO.~l~):.,~ htl~ .,~1 Wuver ~ as follows UNLF~S iL dJff~em l~lltionship is 482
482 26. BROKERS (1-00) The Business Relationships [~twe~n me m~,;,xs, .......... ; ·
483 checked below. 484
4~4 (A) The l..istin8 Bmke~ is Aemst fro' Seller.
sS~ (B) TheSellin~B~okerisAs~mf°rBuYas' _ _, ~_,. · _r~,~t &~t. DunlA~Yvnppliestoall iceaseas UNT..ESSthel~is
ss? a D~sipm~ed Ae~t for ~etl~ ann a LJes~sna~ ~'~,, .~, ~ ~.. 40s
488 Du~l ABent- 480
4s~ A Bushass Relntiomhlp extds tlmt b different ~ above~ es follows:
4. [] Thc Selling Bml~'is the AFnt/SubeFnt for Sdler,
491 I'1 Tbe SelUng Broker is a Trmunctlon Licemee. s02
493 (D) B~bet(s) may I~rfom~ services to MSlSt UIl~lx~'~t~cI pasOeS In compJ~Jll~ with ~ t~*rfrts of thts .6~l~-~nent 494
494 27. M~DIATION (7-0~)
4gG f-I NOT AVAILABLE ...... ~"-= -- n In~' chin should a dispose m-ise, but that tbe~e will be no ob-
sg6 I'1 WAIVED. Buyer Ired Seller undeutsnd thnt mey may cneose ~u ~ ....
497 libation °n the Pml °f ~my l~n~ t° d° s°' 498
498 ~ ELEI.:J. AD ............ s.,nflsefTomthisA~m~n~ofSnleth~oo~hmedind(~.innccotd~mcewiththe 4~g
s0o Rules nnd Procedun~s of the Home Sellers/Home Buyers Dispute Resoltme~ Sysl~m, Any epeemem z~.bed through a mediano~ Cusu~,~ ice
(B) Buyer' and SelleT acknowied~ thnt they have mcelved, mad. nnd und~stnnd frae Rules and Pmcedu~.s of the Home Sel~s/14ome Buyess
~us (C) This aS~-ement to medim~ cflsputes ofistn~ G~.u this Ae~nent will survlYe settlcmm~ sos
~o5 Buyer and ~41eT ackn~vkdge thnt they have reml nnd understand the notices and e~phnat~ry Informado~ sd focth h ~hls Ap~mmL 506
Sos Buyer ncknow[as~ ~ a cl~y of fills A~t~'ement at the dine of st~n~ 5119
~0~ W m~N 6]GlqED, TilT, S A~ I$A BINI)I~G COI'~I'L~LCF. Rdmm I~ faastmi~ t~nmmi~d~ (F'4"~) eS' thM ~1o
510 NOTICE TO PA~:
-
5~5 Bu,~' Nnme ~ = ~ 516
~iolle~ ~'l~ffff" D-I"~I. · /tr~ ~. ~) ff . ~... .,~/,, · ', 518
520 Buyer Name (taint)_
52s Is'~ilJn8 Add~.~. FAX # E-Mail__ s22
522 ~ I1~ 523
523 BT~,~ DATE 524
~2a ~ SS # ~2~
S25 B~ Nm, ne (~m). s;e
5~ M~ing A~ _ E-~I_ 527
527 ~o~ ~. F~ ~. 528
. · · ' , ~ ~ ~ Bu~ ~ ~, ~Z '"~ ~- ' 53;
534 ~__ ~ ~ ~ ~~ SS~_
540 Sel~ N~ (~nt) ~
541 M~S ~- E-M~I_
~47 ~ ~ F~ ~
SHERIFF'S RETURN - OUT OF COUNTY
C°ASE NO: 2002-02322 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CITIZENS FIRE COMPANY NO 1
VS
MERRITTS JAMES F ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
MERRITTS CONNIE L
but was unable to locate Her in his bailiwick.
deputized the sheriff of YORK County,
serve the within COMPLAINT & NOTICE
He therefore
Pennsylvania,
to
On May 31st , 2002 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing
Out of County
Surcharge
Mileage
6.00
.00
10.00
6.90
.00
22.90
05/31/2002
DALE F SHUGHART JR
Sheriff of Cumberland County
Sworn and subscribed to before me
this /~ day of~/j~
~L¢~ A.D.
/ ; V~rothonotar~ /
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-02322 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CITIZENS FIRE COMPANY NO 1
VS
MERRITTS JAMES F ET AL
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT
MERRITTS JAMES F
but was unable to locate Him
deputized the sheriff of YORK
, Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
in his bailiwick.
County,
serve the within COMPLAINT & NOTICE
, to wit:
He therefore
Pennsylvania,
to
On May
31st 2002 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep York County 45.52
.00
82.52
05/31/2002
DALE F SHUGHART JR
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this ~ ~ day of ~
' ' Profhonot~r~ '
2of2
COUNTY OF YORK
OFFICE OF THE SHERIFF
28 EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
SERVICE CALL
(717) 771-9601
I iN miJOTi
I)LF..A 4 ONLY LINE X THRU
DO Nor DL'rACH COPI
2. COURT NUMBER
02-2322 civil
4. TYPE OF WRIT OR COMPLAINT
Notice and Ccmplaint
1. PLAINTIFF/S/
citizens Fire Cc~pany No 1 of Mt Holly Springs
3. DEFENDANT/S/
J6[mgs F. Merritts et al
SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD.
James F. Merritts
6. ADDRESS (STREET OR RFC WITH BOX NUMBER, APT. NO., CITY, BORO, 3~VP., STATE AND ZIP CODE)
AT 51 SD~inc,:j Lane Road Dillsbu~g, PA 1'7019
7. INDICATE SERVICE: Q PERSO~,~L Q PERSON IN CHARGE Q DEPUTIZE RT. AIL Q 1ST CLASS MAIL r~ POSTED Q OTHER
NOW Nay ,20 02 I, SHERIFF O(~~NTY, PA, do hereby deputize the sheriff of
York -- COUNTY to execute ~ke_ r_et.um t~cording
to law. This deputization being made at the request and risk of the plaintiff. -),'- .,¢,.'~~ u~ ~.~,-~
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXP~:DITING SERVICE: C~nberland
ADVANCED FEE PAID ATTY.
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any properly under within wot may leave same
without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for any loss, destruction, or removal of any property before shedlf's sale thereof.
9. TYPENAMEandADDRESSofAT~ORNEY/ORIGINATORandSIGNATURE O/~ 10. TELEPHONE NUMBER 11. DATEFILED
DALE F. SHUGHART, JR. 35 E. HIGH ST. STE 203 CARLISLE, PA 17-1-e8' 241-4311 5-10-02
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed).
CUMBERLAND CO, SHERIFF
SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE ~LOW THIS LINE
13. I acknowledge receipt of the walt 14. DATE RECEIVED 15, Expiration/Hearfug Date
orcomplaintasindicatedabove. R. AHRENS /,. 5-16-02
16, HOWSERVED: PERSONAL( ) RESIDENCE(~'~ POSTED( ) POE( ) SHERIFF'SOFFICE( ) OTHER( / SEE REMARKS SELOW
17. Q I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.)
AM(~A~/~`~DT~TLE~F~ND~V~DUALSERVED~L~STADDRESSHERE~FN~TSH~WNAB~VE~Re~ti~nshipt~Defendant) 19. DateofSewice 20. TirneofService
22. REMARKS:
23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Suredg. 32. Tot. Costs 33. C~sts Due or Refund Check No.
34. Foreign County Co~ts 35. Advance Costs 36. Service Costs 37. Notary Cett. 38. Mileage/Posted/Not Found 39. Total Costs 40. Costs Due or Refund
I I 28 I I SO,AN I
41. AFFIRMED and subscribed to before me this .
42. dayof ~'n' :;CT.~..~A' --~VI~ Dep. Shed~ ~.,~,uL~r'~ ('~. ~' JL )~.f.4../~/''~'
A J ~SHAFFER ~B ' - --
I MEuse . , (t~'m"mm~146. Signotu,'~York/J - ~ m47. DA~ /
I City of york York ~0~006I m~un~ / / / /
50. I ~KNO~EDGE RECEIPT~ TH~RI~S ~RN ~IGNATURE ) 51, DATE RECEIVED
TA
lof2
COUNTY OF YORK
OFFICE OF THE SHERIFF
28 EAST MARKET ST., YORK, PA 17401
SERVICE CALL
(717) 771-9601
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
INSTRUCTIONS
PLUSE 'rrpg ONI.¥ a aa
2. COURT NUMBER
02-2322 civil
1. PlAINTIFF/S/
Citizens Fire Ccmpany No 1 of Mt Holly Springs
3. DEFENDANT/S/
James F. Merritts et al
SERVE [ 5. NAME~F~ND~ViDUAL~~~MPANY~~~RP~RAT~~N~ETc~T~~ER~E~RDE~~R~PT~~N~FPR~PERTYT~BELEV~ED~A%rAcHED~~Rs~~D~
C'c, nn'ie L. Merritts
6. ADDRESS (STREET OR RFC WITH BOX NUMBER, APT NO., CITY,, BORO, TWR, STATE AND ZIP CODE)
AT 51 Spring Lane Road Dillsburg, PA 17019
7. INDICATE SERVICE: O PERSONAL [3 PERSON IN CHARGE O DEPUTIZE ....Q~CF~RT. I~AIL = O 1ST CLASS MAIL O POSTED O OTHER
NOW Hay 14 20 02 I SHERIFF ~b'UNTY, PA, _dp hereby deputize the sheriff of
York ' -- ' COUNTY to execute ~~,~.ke,~re~'n~%ording
to law. This deputization being made at the request and risk of the plaintiff. '~ ~"*'-"¢'~'-E~F"7~OF.~arC~
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
ADVANCED FEE PAID BY ATTY.
OUT OF COUNTY
CUMBERLAND
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same
without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the pad of such deputy or the sheriff to any plaintiff
herein for any loss, destruction, or removal of any property before sheriff's sale thereof.
9. TYPE NAMEandADDRESSofA3q'ORNEY/ORIGINATORandSIGNATURE .,, ~'Z,. 10. TELEPHONE NUMBER 11. DATE RLED
DALE F. SHUGHART, JR. 35 E. HIGH ST.STE 203 Carlisle, pa 17~'~ 241~4311 5-10-02
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW; (This area must be completed if notice is to be mailed).
CUMBERLAND CO. SHERIFF
SPAS BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS LINE
13. lacknowledgsreceiptofthewdt R. AHRENS 14. DATE RECEIVED 15. Expiration/HeadngDate
or complaint as indicated above. 5-16-02 6-9'02
,.- f
16. HOWSERVED: PERSONAL(~)~ RESIDENCE(~)'''~ POSTED( ) POE( ) SHERIFF'SOFFICE( ) OTHER( ) SEE REMARKS BELOW
17. O I hereby ceFdfy and retum a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.)
LIST ADDRESS HERE IF NOT SHOWN ABOVE Relationship to Defendant) 19. Dat~ of S~rvice 20. Time of Service
T
TLE
OF
NDIVIDUAL
SERVED
.A~I-~MPTS Date Time ~.~ Iht IDate ~mo Miles Int. IData Time Miles Int. Date Time Miles Int. Date Time Milles[ Int. Date Time Milesl Int.
22. REMARKS:
23. Advance Costs75,00 24. 24.00Sewice Costs 25. N/F 26.17,52Mileage 28.41,52SubTotal 30.4,00Notary 31. Surchg. 32. TCt. Costs45,52
40. Costs Due or Refund
xx Xx
49. DATE
48. Signature of Foreign
County Sheriff
50. I ,a IGNATURE I 51. DATE RECEIVED
CITIZENS FIRE COMPANY NO. 1
OF MT. HOLLY SPRINGS,
Plaintiff
VS.
JAMES F. MERRITTS and
CONNIE L. MERRITTS, his wife,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-2322 CIVIL TERM
:
: CIVIL ACTION - LAW
:
: ACTION FOR DECLARATORY JUDGMENT
:
: JURY TRIAL DEMANDED
Dear Sir:
Please
discontinued.
mark
PRAECIPE TO DISCONTINUE
the above captioned action settled and
To:
Curtis R. Long, Prothonotary
August 27, 2002
~P~ ~ts~9~te 203
Carlisle, PA 17013
(717) 241-4311