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HomeMy WebLinkAbout06-5494 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Lydell Sensenig ? No. OG, 54??? l..'t v c Plaintiffs vs. Robert Laughman Defendant : Civil Action - Law 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 ANY OTHER CLAIM FOR 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA (717) 249-3166 H. ANTHONY ADAMS ATTORNEY AT LAW SUPREME COURT ID NO. 25502 49 WEST ORANGE STREET, SUITE 3 SHIPPENSBURG, PA 17257 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Lydell Sensenig . No. OL -?4? l../ Plaintiffs VS. : Civil Action - Law Robert Laughman Defendant IAiti fi - Now come the Plaintiff, Lydell Sensenig, by and through his Attorney, H. Anthony Adams and sets forth the following 1. Plaintiff is Lydell Sensenig, an adult individual, who resides at 100 Strohm Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is Robert Laughman, an adult individual, who resides at 255 Walnutdale Road, Cumberland County, Shippensburg, Pennsylvania 17257. 3. On or about August 25, 2005 Plaintiff and Defendant entered into an agreement for the sale of 8.62 acres of land, A copy of the agreement is attached hereto as Exhibit A. 4. At that time, (August 25, 2005) Plaintiff paid to the Defendant the amount of $2,000.00. 5. To fulfill the requirements of the contract, Plaintiff paid attorney's fees, a survey fee and paid for soil tests all in the amount of $8,051.70. 6. Plaintiff and Defendant agreed to revise their contract and entered into an amended agreement on or about May 2, 2006. A copy of that agreement is attached hereto as Exhibit B. 7. On or about June 2006 Plaintiff went to settlement on the property at which time Defendant refused to convey the property. COUNT I Specific Performance 8. The property that is the subject of the agreement is unique and a monetary award will not compensate for the Defendant's breach of the agreement. 9. Paragraph 9 of Exhibit B allows either party to seek specific performance. COUNT II 10. Plaintiff as a result of the various agreements and in reliance thereon has spent the amount of $10,051.70 to fulfill his obligations. As a result of the breach of the agreements the Plaintiff anticipates spending $5,000.00 in legal fees and expenses. Wherefore Plaintiff prays your Honorable Court enter an order of specific performance or in the alternate enter judgment in his favor for $10,051.70 and further damages together with costs of suit. The Plaintiff further request that legal fees be awarded to him in the amount of $5,000.00. H. Anthony Adams, Esquire (25502) Attorney for Defendant 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717) 532-3270 VERIFICATION I verify that the statements made in this answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dater : 06 Ly II Sensenig 90 4CL w ? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Lydell Sensenig Plaintiff VS. Robert Laughman Defendant . No. : Civil Action - Law PRAECIPE TO THE PROTHONOTARY: Please reissue the Complaint filed in the above captioned matter. Respectfully, Date: f H. Anthony Adams, Esquire Attorney for Plaintiff 49 West Orange Street, Suite 3 Shippensburg, PA 17257 Attorney ID No. 25502 (717) 532-3270 C ?° fin o -. ?= 4 rn IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Lydell Sensenig Civil Action-Law Plaintiff vs. No. A. D. 2006-05494 Robert Laughman Defendant Judge PRAECIPE FOR ENTRY OF APPEARANCE To Mr. Curt Long, Prothonotary: Please enter my appearance on behalf of Robert Laughman, defendant in the above matter. November 13, 2006 r Eileen C. Finucane, Attorney for Robert Laughman, Defendant Finucane Law Office LLP 273 Lincoln Way East Chambersburg, PA 17201 (717) 264-4104 Attorney I.D. No. 36034 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Lydell Sensenig Civil Action-Law Plaintiff VS. No. A. D. 2006-05494 Robert Laughman Defendant Judge CERTIFICATE OF SERVICE I, Sue A. Spigler, a certified paralegal for Finucane Law Office LLP, hereby certify that on /?,? , I served a true and correct copy of the attached document upon counsel for Plaintiff by first class United States mail, postage pre-paid, addressed as follows: H. Anthony Adams, Esq. 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 Date: '/3(o u A. Spigle Certified Paralegal r-a ID ?i .i S C: --- a IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Lydell Sensenig Plaintiff Civil Action-Law vs. Robert Laughman No. A. D. 2006-05494 Defendant Judge DEFENDANT'S PRELIMINARY OBJECTIONS RAISING INSUFFICIENT SPECIFICITY OF COMPLAINT Defendant, Robert Laughman, by his attorney Eileen C. Finucane, Esquire, preliminarily objects to Plaintiff's Complaint as follows: The Complaint fails to conform to law, and Pa.R.C.P 1019(i), and lacks specificity sufficient to enable Defendant to prepare a proper defense, for the reason that the Complaint does not contain the written agreements upon which the Complaint is based. Said agreements are referenced in the Complaint as exhibits attached to the Complaint, but no exhibits are attached to the original filed of record, or to the copy served upon Defendant. WHEREFORE, Defendant Robert Laughman respectfully requests that Plaintiff be directed to amend the Complaint and attach the written agreements upon which the Complaint is based, or in the alternative that the Complaint be dismissed. Date: /i /3 Q - - Eileen C. Finucane, Esquire Attorney for Defendant 273 Lincoln Way East Chambersburg, PA 17201 (717)264-4104 Supreme Court # 36034 e IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Lydell Sensenig Civil Action-Law Plaintiff vs. No. A. D. 2006-05494 Robert Laughman Defendant Judge CERTIFICATE OF SERVICE I, Sue A. Spigler, a certified paralegal for Finucane Law Office LLP, hereby certify that on C,13, ZT Wt , I served a true and correct copy of the attached document upon counsel for Plaintiff by first class United States mail, postage pre-paid, addressed as follows: H. Anthony Adams, Esq. 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 Date: fi_0-66 S A. Spigle l.ertified Paralegal T -?' :j ,`` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Lydell Sensenig 9 `4 . No. Plaintiffs VS. : Civil Action - Law Robert Laughman Defendant FIRST AMENDED COMPLAINT Now come the Plaintiff, Lydell Sensenig, by and through his Attorney, H. Anthony Adams and sets forth the following 1. Plaintiff is Lydell Sensenig, an adult individual, who resides at 100 Strohm Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is Robert Laughman, an adult individual, who resides at 255 Walnutdaie Road, Cumberland County, Shippensburg, Pennsylvania 17257. 3. On or about August 25, 2005 Plaintiff and Defendant entered into an agreement for the sale of 8.62 acres of land, A copy of the agreement is attached hereto as Exhibit A. 4. At that time, (August 25, 2005) Plaintiff paid to the Defendant the amount of $2,000.00. 5. To fulfill the requirements of the contract, Plaintiff paid attorney's fees, a survey fee and paid for soil tests all in the amount of $8,051.70. 6. Plaintiff and Defendant agreed to revise their contract and entered into an amended agreement on or about May 2, 2006. A copy of that agreement is attached hereto as Exhibit B. 7. On or about June 2006 Plaintiff went to settlement on the property at which time Defendant refused to convey the property. COUNT I Specific Performance 8. The property that is the subject of the agreement is unique and a monetary award will not compensate for the Defendant's breach of the agreement. 9. Paragraph 9 of Exhibit B allows either party to seek specific performance. COUNT II 10. Plaintiff as a result of the various agreements and in reliance thereon has spent the amount of $10,051.70 to fulfill his obligations. As a result of the breach of the agreements the Plaintiff anticipates spending $5,000.00 in legal fees and expenses. Wherefore Plaintiff prays your Honorable Court enter an order of specific performance or in the alternate enter judgment in his favor for $10,051.70 and further damages together with costs of suit. The Plaintiff further request that legal fees be awarded to him in the amount of $5 000.00 H. n ms, Esquire (25502) Attorney for Defendant 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717) 532-3270 VERIFICATION I verify that the statements made in this answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Lyd Sensenig AGREEMENT The Parties to the within agreement are Robert Laughman, potential seller (hereafter referenced to as "Seller"), and Lydell Sensenig, potential buyer (hereafter referenced to as ,'Buyer"). Seller owns approximately 8.62 acres of land located at 255 Walautdale Road, Shippensburg, Pennsylvania (hereafter referenced to as- the, "Property"). Seller's house is.-located on Property. 1. Seller agrees to sell Property to Buyer with exception of a two (2) acre portion currently containing his home which he intends to retain. In consideration of this sale, Buyer agrees to provide Seller twenty-thousand dollars ($20,000.00)' cash; additionally, Buyer agrees to pay. any and all expenses necessary to complete the transaction' including, bIt not l tnite?i t6:--any and all- costs relating to the necessary surveys and deed.work any and all closing costs, any and allltaxes owed on. the. portion of Property being transferred, any and all attorney fees incurred by Seller which relate in any way to the" side of Property and any,and all other expenses that arise as result of the subdivision and sale of.Property: All of said costs and expenses. shall be paid prior to settlement unless otherwise stated in this agreement: 2. Seller retains the right, until the, time the transaction is, completed at settlement or a subsequent agreement is executed by both parties in writing,:to determine precise ly 'which two (2) acres of Property he wishes to retain. Seller and Buyer agree that at least one (1) or more surveys will be necessary to assist Seller in selecting and precisely defining the -two (2) acres of his choice:` If a compromise cannot be reached regarding this issue by settlement date,_Buyer forfeits his down payment along with any and all other funds expended or owed by Buyer relating to the preparation of the transaction: 3. Buyer agrees that he will receive his portion of Property as is. Buyer will be responsible for any and all garbage and refuse removal, repairs and other maintenance or other costs relating to his portion of Property that may arise. Buyer will be responsible for any environmental remediation, cleanup, and/or any other cost necessary for compliance with local, state and federal law. 4. Seller retains. the right, until the time the transaction is. completed' at settlement or,a subsequent agreement is executed by both parties in writing, to negotiate easements, restrictive covenants, and/or other recorded restrictions regarding the. use of the portion of Property being transferred to Seller. If a -compromise cannot be reached regarding this issue by settlement date, Buyer forfeits his down payment along with any and all other funds expended or owed by Buyer relating to the preparation of the transaction 5. Buyer agrees to provide Seller with °a down payment of two-thousand dollars ($2,000.00) toward the twenty-thousand dollar ($20,000.00) sales price upon execution of this agreement. Said down payment is consideration of Seller burdening his Property with this agreement and is not refundable, except in the case of breach of this contract by Seller.' Additionally, Buyer agrees to provide Seller's Attorney, Mark F. Bayley, Esquire, one-thousand dollars ($1,000.00) upon execution of this agreement to be held in escrow by Seller's Attorney. Said funds will be added to the five-hundred dollars ($500.00) already provided to Seller's Attorney by Buyer and are to be used -as a retainer for Seller's legal expenses regarding any and all matters relating to within sale. Seller's Attorney will bill an hourly rate of $175.00 per hour for services rendered on behalf of Seller.. Buyer's Attorney will refund any unused portion of this retainer to Buyer at the conclusion of this matter.` If Seller's legal expenses exceed one-thousand-five hundred dollars ($1,500.00) regarding this matter, Bayer agrees to, immediately provide an additional retainer in the amount of seven-hundred-fifty dollars ($750.00 to Seller's Attorney at the time the prior retainer is exhausted and as many times as necessary. 6. Seller and Buyer agree to. a settlement date- of no later than January 6,. 2006.. Buyer assumes responsibility for any and all necessary deed and ' bdivision,'title; and other work and/or fees necessary to effectuate the transfer. T. This. writing contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings' other than those expressly set forth herein. Any modifications or additions to. this contract must be made in writing and executed by both parties. 8. If any term, condition, clause or provision of this Agreement shall be,determined.or declared to be void or invalid in law or otherwise, then only that term, condition; clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent,: shall in no way void or alter the remaining obligations of the parties. 9. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor, shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein, 10. This Agreement shall be binding and shall insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their, hands and seals on the date indicated below. nrmnn?be?r. ?+a? nqp? ?+1irm9ik?n0 G01?11l?I AAY C6rrr?ioit Exp?+es July 23. Za06 ?/eniber A?oavlicx? Of Ndade? r ropii: iKYi 1 PI i_h OFFICE 717 243 9200 04!2?,' 006 14:16 #570 P.002/004 RLE'MLNT O SALE THIS AGREEMENT is entered Into by and between ROBERT LAUGHMAN, hereinafter called the SELLER; AND LYDELL SENSENIG, hereinafter called the PURCHASER. IT IS MUTUALLY AGREED AS FOLLOWS; The SELLER agrees to sell, grant and convey to the PURCHASER and the PURCHASER. agrees to purchase and accept the conveyance of the real property located in Shippensburg, Cumberland County, Pennsylvania, being known and numbered as 256 Walnutdale Road, Shippensburg, Pennsylvania. 2. The PURCHASER agrees to pay the sum of f=ifty Five Thousand and no/100 ($55,000,00) Dollars to SELLER; payable $40,000.00 upon the signing of this agreement, receipt of which is hereby acknowledged, and the balance of Thirteen Thousand and no/100 ($13,000.00) Dollars upon the delivery of the deed to said property to PURCHASER; SELLER acknowledges by signing below that he previously received Two Thousand and no/100 ($2,000.00) Dollars from PURCHASER under a prior agreement that shall be credited to the within purchase. 3. The settlement shall be made on or before forty-five (43) days after the full execution of the within agreement at which time of settlement the SELLER shall tender to PURCHASER a properly drawn and executed deed of special warranty, conveying to the PURCHASER a good and marketable title in fee simple, clear of all encumbrances, except easements or building and use restrictions, visible or of record, and a life estate retained by SELLER and granted by PURCHASER by separate agreement and shall deliver possession to the PURCHASER and the PURCHASER shall pay the balance of the purchase price in cash. vz :uiA 1T-win Law Office 717+243+9200 P.03 i , 4. PURCHASER shall be responsible for all real estate taxes existing on the property before and after settlement. 5. The PURCHASER hereby waives the formal tender of the deed if the purchase price i3 not paid as agreed upon above. 6. PURCHASER has planned uses for and intends to build on the property, and by signing below certifies that he has made appropriate investigations regarding local, state and federal ordinances, regulations, laws, etc., for his planned uses and structures. PURCHASER acknowledges by signing below his understanding that his ability to use and/or build on the property as he wishes is not a contingency on this agreement and sale. 7. PURCHASER agrees that he has had fair opportunity to conduct water tests, pest inspections, septic inspections and inspections and/or tests of any other kind on the property. PURCHASER hereby declines to perform any such inspections or tests that have not been performed at the execution date of this agreement. 8. Risk of loss prior to final settlement shall be borne by the SELLER. 9. In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the tears of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. i May701-06 07:01A Irwin Law Office 717+243+9200 P.04 10. For the performance of this agreement the parties bind themselves, their heirs, executors, administrators and assigns. G?r? o 11. The parties agree that the within agreement is subject t life estate granted by PURCHASER to SELLER. sue:. w,4 ,,A Sa ICJ tS o;.t 12. The within agreement will take effect on the date of full execution by both parties. PURCHASER agrees that his execution of this agreement will be made by facsimile and will be effective upon his facsimile transmission.. IN WITNESS WHEREOF, by signing below, we agree to the within terms. WITNESSED BY: SELLER 2 ?, a L'l ate. r f ROBERT LAUGHMAN PURCHASER D -?-- G Date: DELL SENSE rv cz? O t? p <" e nnii M r 0 -- --:4 6 :1 c.r1 SHERIFF'S RETURN - REGULAR CASE NO: 2006-05494 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SENSENIG LYDELL VS LAUGHMAN ROBERT MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LAUGHMAN ROBERT the DEFENDANT , at 1156:00 HOURS, on the 25th day of October , 2006 at 255 WALNUTDALE ROAD SHIPPENSBURG, PA 17257 ROBERT LAUGHMAN 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: So Answers: Docketing 18.00 J Service 35.20 Postage .39 Surcharge 10.00 R. Thomas Kline ,, ,, 63.59? 10/27/2006 / !?bl.10 4 t? H ANTHONY ADAMS Sworn and Subscibed to By: before me this day Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Lydell Sensenig Civil Action-Law Plaintiff vs. No. A. D. 2006-05494 Robert Laughman Defendant Judge NOTICE TO PLEAD To: Lydell Sensenig c/o H. Anthony Adams, Esq. 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 You are hereby notified to file a written response to the enclosed Answer with New Matter To First Amended Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Date: 2 I/ /f 144 Eileen C. Finucane, Esq. Finucane Law Office LLP 273 Lincoln Way East Chambersburg, PA 17201 (717) 264-4104 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Lydell Sensenig Plaintiff VS. Robert Laughman Civil Action-Law No. A. D. 2006-05494 Defendant Judge ANSWER WITH NEW MATTER TO FIRST AMENDED COMPLAINT NOW, comes the Defendant, by and through his attorney, Eileen C. Finucane, and in response to the allegations of Plaintiff's First Amended Complaint, avers as follows: 1. Admitted. 2. Admitted. 3. Denied. The August 25, 2005 document attached to plaintiff's First Amended Complaint as Exhibit A (the " Letter of Intent") does not constitute an `agreement'. The Letter of Intent does not identify the property to be conveyed, and expressly states defendant retained the right to identify the property to be conveyed. The parties failed to reach agreement regarding the identification of the property to be conveyed, and therefore no binding `meeting of the minds' to transfer specifically identified property was reached. Alternatively, if the Letter of Intent constitutes an agreement, it contained express conditions precedent that were never fulfilled, specifically: (a) an agreement between the parties as to the identification of the property, and (b) an agreement between the parties as to restrictive covenants and easements regarding the use of the property to be conveyed (the "conditions precedent"). The conditions precedent to defendant's obligation to convey the property to plaintiff were never fulfilled, and defendant had no liability to perform under the Letter of Intent. 4. Admitted. In further answer, the $2,000 was designated a non-refundable deposit, and the Letter of Intent specifically provided plaintiff forfeited the down payment if the conditions precedent were not fulfilled. Further, defendant refunded the $2,000 down payment to plaintiff, which plaintiff accepted, thereby releasing and terminating any contractual rights and obligations, to the extent any rights and obligations are proven. 5. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 5. Strict proof is therefore required at trial. In further answer, any expenditures made by plaintiff were at plaintiff's sole risk, as the Letter of Intent expressly states that if the parties failed to reach agreement as to restrictive covenants and easements for the property, plaintiff forfeited all monies expended in connection with the transaction: 6. Denied. The document attached to the First Amended Complaint as Exhibit B (the "Conditional Agreement"), does not and could not constitute a revision or amendment of the Letter of Intent. Plaintiff and defendant never agreed to "revise their contract", as no contract existed, or if any agreement is determined to have been formed, the agreement was terminated, for the reasons set forth in Paragraphs 3 and 4 above, the averments of which are incorporated herein. Further, no settlement occurred by January 6, 2006, the deadline established in the Letter of Intent, and therefore, any contractual rights and obligations terminated as of said deadline. In addition, the Conditional Agreement does not constitute a binding agreement, and is unenforceable. The Conditional Agreement contained an express condition, that a life estate be established in favor of defendant "by separate agreement", which agreement was never reached. In addition, the Conditional Agreement recites plaintiff tendered the sum of $40,000 at the signing of the Conditional Agreement, which sum was never tendered to defendant. Further, defendant refunded to plaintiff the $2,000 referenced in the Conditional Agreement, which refund was accepted by plaintiff. Therefore, no consideration existed in connection with the transaction. Further, the property that is the subject matter of the Conditional Agreement is identified by a street address only, and does not specifically identify the land intended to be conveyed by the Conditional Agreement, which renders the Conditional Agreement unenforceable for violation of the statute of frauds. 7. Admitted in part and denied in part. It is admitted the parties attended a meeting in connection with a proposed sale of the property. After reasonable investigation, defendant is without knowledge or information sufficient to admit or deny the allegations regarding the date of said meeting. It is denied defendant refused to convey the property. To the contrary, defendant was told by plaintiff's attorney at said meeting that defendant did not own the property and therefore was legally unable to convey title to the property. 8. Denied. It is denied defendant breached any agreement, and it is denied defendant is entitled to any compensation. In further answer, defendant incorporates herein the averments contained in Paragraphs 3-7 above, and the averments contained in defendant's New Matter below. Alternatively, in the event the court determines defendant breached any contractual obligations, monetary damages constitute adequate compensation, and equitable relief should not be granted. 9. Denied. The allegations contained in Paragraph 9 constitute legal conclusions to which no answer is required as the Conditional Agreement is a document that speaks for itself. In further answer, specific performance is an equitable remedy, and is not appropriate, reasonable or possible as defendant does not possess legal title to the property. 10. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 10. Strict proof is therefore required at trial. WHEREFORE, defendant respectfully requests the first amended complaint be dismissed, and that defendant be awarded attorneys fees and costs of suit. NEW MATTER 11. Defendant incorporates herein the averments contained in Paragraphs 1-10 above as if set forth at length. 12. Defendant did not possess legal title to the property at the time the Letter of Intent and the Conditional Agreement were executed, and does not possess legal title to the property at this time, and it is therefore legally impossible for defendant to transfer title to the property. 13. Defendant executed the Letter of Intent and Conditional Agreement in good faith and without legal representation, and did not know, and did not have reason to know, he did not possess legal title to the property. In contrast, plaintiff was represented by legal counsel, the scrivener of both documents, and plaintiff knew or should have known in the exercise of due diligence that defendant did not possess legal title to the property at any time, and therefore plaintiff is not entitled to relief as he comes to court with Unclean Hands. 14. The Letter of Intent was expressly subject to (a) the parties' agreement upon the identification of the land to be conveyed, and (b) the parties' agreement concerning easements and restrictive covenants to be placed upon the property. No such agreements were reached, and therefore, material conditions to enforcement of the agreement were never fulfilled and defendant has no liability to perform the Letter of Intent. 15. The Letter of Intent violates the statute of frauds as the property was not clearly identified and agreed upon by the parties in writing with sufficient specificity to constitute an enforceable agreement. 16. The Conditional Agreement violates the statute of frauds as the property was not clearly identified and agreed upon by the parties in writing with sufficient specificity to constitute an enforceable agreement. 17. Defendant refunded the $2,000 down payment plaintiff tendered 'at time of execution of the Letter of Intent, which plaintiff accepted, whereupon contractual rights, if any, were extinguished and released by consent of the parties. 18. The Conditional Agreement substituted for and extinguished contractual obligations, if any, that existed under the Letter of Intent. 19. The Conditional Agreement recites defendant received consideration of $40,000 from plaintiff at time of execution of said Agreement, but plaintiff failed to tender said consideration, and the Conditional Agreement is unenforceable due to lack of consideration. 20. The Conditional Agreement recites defendant received consideration in the sum of $40,000 from plaintiff at time of execution of said Agreement, but plaintiff failed to tender said consideration, and the Conditional Agreement is void and unenforceable due to plaintiff's failure to perform a material condition of said Agreement. 21. The Conditional Agreement contains an express condition that a separate agreement be reached between the parties concerning grant of a life estate to defendant, which agreement was never reached and therefore, defendant had no duty to perform said Agreement due to failure of a condition precedent. 22. The documents upon which plaintiff relies for relief are illegal, unenforceable and violate public policy as they constitute an illegal attempt to transfer and convey property owned in fee simple by a third party. 23. At the time of execution of the Letter of Intent and Conditional Agreement, defendant believed in good faith he owned the property, and was subsequently informed by plaintiff's attorney he does not own and did not own the property, and therefore the documents are unenforceable on the grounds of unilateral mistake. 24. At the time of execution of the Letter of Intent and Conditional Agreement, both plaintiff and defendant believed the property was owned by defendant, which belief was subsequently determined by plaintiff's counsel to be incorrect, and therefore, any contractual obligations are unenforceable on the grounds of mutual mistake. 25. Plaintiff failed to pursue enforcement of the Letter of Intent and the Conditional Agreement with due diligence, to the detriment of defendant, and is not entitled to relief due to defendant's laches. 26. Plaintiff is estopped from asserting any claims under the Letter of Intent and/or Conditional Agreement, as plaintiff misled defendant by failing to disclose to defendant that he did not possess legal title to the property. Defendant reasonably relied upon plaintiff's representations, and had no duty to inquire into the truth of plaintiff's representations. 27. The Letter of Intent and Conditional Agreement are unenforceable and the court should not grant plaintiff relief on the grounds of defendant's diminished capacity and lack of representation at the time of execution of the documents. 28. Plaintiff should not be granted equitable relief as the purchase price offered for the property is grossly inadequate, and specific performance would be contrary to justice and equity. 29. Plaintiff should not be granted equitable relief as the property was never specifically identified, conditions precedent were not fulfilled, and specific performance would be contrary to justice and equity. 30. Plaintiff cannot be granted equitable relief in the form of specific performance as defendant does not own or possess legal title to the property, and did not own or possess legal title to the property at any time. Therefore, the sole remedy available to plaintiff, in the event the court determines any relief should be granted, is monetary damages. WHEREFORE, defendant respectfully requests the court deny the relief requested in plaintiff's First Amended Complaint, and grant judgment in favor of defendant, together with attorneys fees and costs of suit. Date Eileen C. Finucane, Esq. Attorney for Defendant IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Lydell Sensenig Plaintiff vs. Robert Laughman Defendant Civil Action-Law No. A. D. 2006-05494 Judge CERTIFICATE OF SERVICE I, Sue A. Spigler, a certified paralegal for Finucane Law Office LLP, hereby certify that on December 18, 2006, I served a copy of the attached Answer With New Matter To First Amended Complaint upon counsel for Plaintiff by first class United States mail, postage pre-paid, addressed as follows: H. Anthony Adams, Esq. 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 Date: ue A. Spigler Certified Paralegal f l " C - _..n r7 77 '_.j IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Lydell Sensenig Plaintiff Civil Action-Law VS. Robert Laughman Defendant To Mr. Curt Long, Prothonotary: No. A. D. 2006-05494 Judge PRAECIPE Please attach the verification on the Answer with New Matter to First Amended Complaint which was filed on December 18, 2006, on behalf of Robert Laughman, defendant in the above matter. December 29, 2006 Thomas J. Finuc ne, Attorney Finucane Law Office LLP 273 Lincoln Way East Chambersburg, PA 17201 (717) 264-4104 VERIFICATION I verify that the statements set forth in the foregoing document 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 -OHO nom` Robert C. Laughman IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Lydell Sensenig Plaintiff VS. Civil Action-Law No. A. D. 2006-05494 Robert Laughman Defendant Judge CERTIFICATE OF SERVICE I, Sue A. Spigler, a certified paralegal for Finucane Law Office LLP, hereby certify that on December 29, 2006, I served a copy of the Praecipe with attached verification to Answer With New Matter To First Amended Complaint upon counsel for Plaintiff by first class United States mail, postage pre-paid, addressed as follows: H. Anthony Adams, Esq. 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 Date: G(? JR;e A. Spigl r 67 Certified Paralegal n ? ?'a .s "?.. r ? ?: ? ? ?. Cry ,?.. ?? r ? _? t7 ?« ? C'; ? t c C": ?,? ? .? -.? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Lydell Sensenig : No. 2006-05494 Plaintiff VS. : Civil Action - Law Robert Laughman Defendant ANSWER TO DEFENDANT'S NEW MATTER Now comes the Plaintiff, Lydell Sensenig, by and through his Attorney, H. Anthony Adams, and sets forth the following answers: 12. Denied, Plaintiff believes that the Defendant is the owner of the property that is the subject of the agreement of sale and the Plaintiff asserted that he was the owner. 13. Denied, at all times relevant to the matters in the Plaintiff's complaint, Defendant was represented by Mark Bailey, Esquire who was initially with the law firm of Rominger, Bailey and Whare and then with the firm of Irwin and Bailey. Both firms were located in Carlisle, Pennsylvania. Plaintiff did not and does not know of any other party's claim to ownership of the land and to this date suggests that ownership is in the name of the Defendant. 14. Denied, Paragraph 14 is a conclusion of law to which no responsive pleading is required. To the extent that a response may be required the land to be conveyed was sufficiently identified. 15. Denied, Paragraph 15 is a conclusion of law to which no response is required. 16. Denied, Paragraph 16 is a conclusion of law to which no response is required. 17. Denied, Plaintiff did not accept the refund of any money from the Defendant. 18. Denied, Paragraph 18 is a conclusion of law to which no response is required. 19. Denied, the agreement recites that receipt of the down payment of $40,000.00 is acknowledged and Plaintiff on numerous occasions attempted to make full payment to the Defendant. 20. Denied, the Plaintiff on numerous occasions attempted to make payment of the full amount. 21. Denied, the separate agreement on the life estate was reached and the matter was to be closed and settled. At settlement Defendant at the behest of his daughter refused to conclude the transaction. El 22. Denied, Plaintiff believes that the property at the time of settlement was owned by Defendant and unless transferred since the filing of this action continues to be owned by the Defendant. 23. Denied, Plaintiff was not represented during this matter. At a meeting which was to be settlement on the property, Defendant's daughter claimed that the Defendant did not own the property. 24. Denied, Plaintiff believes and continues to believe that the property that was the subject of the agreements was owned by the Defendant and unless recently transferred continues to be owned by the Defendant. 25. Denied, Plaintiff made every effort to conclude the agreements and to enforce them. 26. Denied, Plaintiff made no representations to Defendant concerning his ownership of the property. 27. Denied, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the matter averred. 28. Denied, the purchase price offered and accepted by the Defendant was adequate. 29. Denied, the Plaintiff acted to fulfill all conditions precedent, the property was specified and the subject of a survey. 30. Denied, the Plaintiff believes and continues to believe that at the time of the agreement and at all times relevant hereto that the Defendant owned the real property in question. Respectfully submitted, K 2?L - H. Anthony Adams, Esquire Attorney for Plaintiffs 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 VERIFICATION I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date:1-/Y-07 I WWI SENSENIG CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons in the manner indicated below, by depositing a copy of the same in the United States Mail, Shippensburg, Pennsylvania, with first class postage prepaid as follows: Eileen C. Finucane, Esquire Finucane Law Office 273 Lincoln Way East Chambersburg, Pa. 17201 Date: 1/18/07 H. Anthony Adams, Esquire 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 r? T L-^ CY1 J; of i IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Lydell Sensenig Civil Action-Law Plaintiff VS. No. A. D. 2006-05494 Robert Laughman Defendant Judge PRAECIPE FOR WITHDRAWAL To Cumberland County Prothonotary: Please enter my withdrawal of appearance in the above matter on behalf of Robert Laughman, Defendant in the above matter. Date: ? ?? O? Eileen C. Finucane Finucane Law Office LLP 273 Lincoln Way East Chambersburg, PA 17201 (717) 264-4104 Attorney I.D. No. 36034 PRAECIPE FOR ENTRY OF APPEARANCE To Cumberland County Prothonotary: Please enter my appearance on behalf of Robert Laughman, defendant in the above matter. Date: c) 7 Mark Bayley, E quire Bayley & Mangan Law Offices 57 West Pomfret Carlisle PA 17013 (717)-241-2446 Atty I.D. No. LYDELL SENSENIG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. A.D. 2006 - 05494 ROBERT LAUGHMAN, : Civil Action - Law Defendant CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant do hereby certify that I this day served a copy of the within Praecipe upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: H. Anthony Adams, Esquire 40 W. Orange St., Suite 3 Shippensburg, PA 17257 r Dated: Mark F. Bayley, Attorney for Dei a -n 35 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Lydell Sensenig, Plaintiff VS. Robert Laughman, Defendant : No. A. D. 2006-05494 Civil Action - Law PRAECIPE FOR LIS PENDENS To the Prothonotary: Please index the above captioned action in law and for specific performance as a Lis Pendens against the real property of Robert Laughman as described in that Deed Recorded in the office for the Recorder of Deeds in and for Cumberland County, Pennsylvania at Deed Book"]" Volume 35 Page 305 also known as tax parcel #39-14- 0165-006. I hereby certify that this action affects title to and/or interest in the described real property. The address of the Plaintiff is 100 Strohm Road, Shippensburg, Pennsylvania. The address of the Defendant is 255 Walnut Bottom Road, Shippensburg, Pennsylvania. Date: b 0 H. Anthony Adams, Esquire Attorney for Plaintiffs 49 West Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 t -- CERTIFICATE OF SERVICE I, H. Anthony Adams, hereby certify that on October 1, 2007 I served a copy of the Praecipe for Lis Pendens upon counsel for Defendant at Mark T. Bayley, Esquire Bayley and Mangan 57 W. Pomfret Street Carlisle, PA 17013 t H. Anthony Adams ? ? T ?? t ? a ? -r "?=. c"? ?; s? ?? ? ? ? ? ? ?1 ??? v F... ? O ? ?.' .- S .. __ ? S 4e ?? " .j.? ?_ ? :• ?.Q ? ' l Q G - ? n ?, -..c ?? ??