HomeMy WebLinkAbout06-6300
6.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LANDMARK COMMERCIAL REALTY,
INC.
NO.
{j{p- (P10Q (!W( I
Plaintiff
v.
CIVIL ACTION - LAW
DANNY A. COOPER and LINDA K.
COOPER,
JURY TRIAL DEMANDED
Defendants
NOTICE TO DEFEND
TO:
Mr. Danny A. Cooper
235 Woodridge Circle
Shermans Dale, P A 17090-8059
Ms. Linda K. Cooper
235 W oodridge Circle
Shermans Dale, P A 17090-8059
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 Plaintiffs. 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.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
NOTICIA
USTED HA smo DEMANDADO/A EN LA CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de
los proximos veinte (20) dias despues de la notificacion de esta Demanda v A viso radicando
personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte
por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
pro ceder sin usted y un fallo por cualquier suma de dinero reclamado en la demanda 0 cualquier
otra reclamacion 0 remedio solicitado por eI demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos
importantes para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO
IMMEDIA T AMENTA. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE P AGARLE A
UNO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA PARA A VERIGUAR DONDE PUEDE
ENCONTRAR ASISTENCIA LEGAL.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LANDMARK COMMERCIAL REALTY,
INC.
NO. &(, - (,3 tI-O ~ ~
Plaintiff
v.
CIVIL ACTION - LAW
DANNY A. COOPER and LINDA K.
COOPER,
JURY TRIAL DEMANDED
Defendants
COMPLAINT
AND NOW COMES Plaintiff, Landmark Commercial Realty, Inc., by and through its
attorneys, Cunningham & Chemicoff, P.C., and files the within Complaint and in support thereof
states the following:
1 Plaintiff, Landmark Commercial Realty, Inc. ("Landmark"), is a corporation
organized, operating and existing under the laws of the Commonwealth of Pennsylvania with a
principal place of business located at 20 Erford Road, Lemoyne, Cumberland County,
Pennsylvania.
2. Defendants, Danny A. Cooper and Linda K. Cooper ("Mr. and Mrs. Cooper") are
adult individuals, husband and wife, with a current address of235 Woodridge Circle, Shermans,
Dale, Perry County, Pennsylvania.
3. Mr. and Mrs. Cooper were, until May 9, 2006, the owners of28-30 North Market
Street, Mechanicsburg, Cumberland County, Pennsylvania 17055-3337, also known as Tax
Parcel ID #18-23-0565-049 (the "Property").
4. Mr. and Mrs. Cooper sold the Property to Rollace E. Heustess and Barbara A.
Heustess ("Mr. and Mrs. Heustess") for $254,000.00 as evidenced by a Deed dated May 9,2006
for the Property, a true and correct (recorded on May 10, 2006 at Deed Book 274, Page 2313, in
the Cumberland County Recorder of Deeds Office) copy of which is attached hereto as Exhibit
"A".
5. Landmark is a commercial real estate agency engaged in the business oflocating
potential buyers and tenants, and negotiating the terms and conditions of the sale and lease
agreements for commercial properties.
6. David Remmel ("Mr. Remmel") is the President and Broker of Record of
Landmark and is thereby authorized to bring the within action under the Pennsylvania Real
Estate Licensing Act.
7. On September 22,2005, Mr. Cooper signed an Exclusive Lease Listing
Agreement ("Listing Agreement") with Landmark which was countersigned on Landmark's
behalf by Igor Druker ("Mr. Druker"), also on September 22,2005 as Landmark's authorized
Agent.
8. The Listing Agreement, a true and correct of which is attached hereto as Exhibit
"B" is for a listing period oftwelve (12) months from the date the Listing Agreement was signed
by the Owner, pursuant to Paragraph 7 of the Listing Agreement.
9. It is believed and averred that shortly after the Listing Agreement was signed, Mr.
and Mrs. Heustess began to lease the Property at a date not known to Plaintiff.
10. The Listing Agreement provides for a Broker's fee to be paid in the amount of
eight percent (8%) ofthe total aggregate gross rental or $1,000.00, whichever is greater,
pursuant to Paragraph 6 of the Listing Agreement.
11. Paragraph 6 of the Listing Agreement also provides as follows:
"Sale: Broker may sell the Property only with the consent of the Owner. If the
Property is sold during the term of this Agreement by Broker, Broker's affiliated
licensees, any other Broker/Salesperson, or person including Owner, the Owner
agrees to Broker's fee of eight percent (8%) ofthe Purchase Price, which fee shall
be due and payable at settlement" (emphasis supplied)
12. At all times material hereto, Landmark acted in good faith and in accordance with
its duties and obligations as a real estate broker licensed with the Commonwealth of
Pennsylvania and consistent with the Agreement entered into between the parties.
13. Landmark is entitled to a commission in the amount of$20,320.00 for the sale of
the Property and, it is believed and averred, the sum of $1 ,000.00 for the period the Property was
leased to Mr. and Mrs. Heustess, a total of$21,320.00.
14. The Listing Agreement is a contract by and between Mr. Cooper and Landmark.
15. In the Listing Agreement, Mr. Cooper represented that he had the capacity, power
and full authority to execute, deliver and perform the Listing Agreement pursuant to Paragraph
22 of the Listing Agreement and, therefore, his action binds the Defendant, Mrs. Cooper under
the Listing Agreement.
16. The Listing Agreement, in Paragraph 8, provides as follows:
"ATTORNEY FEES: If Broker institutes suit to collect any compensation due
hereunder which results in any award or Judgment or if Broker successfully
defends any action brought against Broker by the Owner or rising out of the
execution of the Agreement or any other contract or other transfer relating to the
Property or if Broker elects to pay any disputed deposits or other funds being held
by Broker into Court, then Owner agrees to pay all costs incurred by Broker in
connection with any such action, including Broker's reasonable attorneys fees."
17. Under the Listing Agreement, Landmark is identified as the Broker and Mr.
Cooper is identified as the Owner.
18. Landmark and undersigned counsel have entered into a Fee Agreement whereby
Landmark has agreed to pay undersigned counsel attorneys fees equal to one-third
(113) of any amount recovered on Landmark's behalf in connection with the
Listing Agreement, exclusive of costs.
19. Despite repeated demands of Landmark, Mr. and Mrs. Cooper have failed to pay
the commission due and owing to Landmark.
20. By virtue of their actions and representations, Mr. and Mrs. Cooper have
breached the existing terms and conditions of their Listing Agreement with Landmark.
21. Mr. and Mrs. Cooper's actions and representations constitute an express breach of
their agreement have caused Landmark to suffer damages in the amount of $21 ,320.00, plus
reasonable attorney's fees and costs incurred as a result thereof.
WHEREFORE, Plaintiff, Landmark Commercial Realty, Inc. demands judgment against
Defendants, Danny A. Cooper and Linda K. Cooper in the amount of$21,320.00, together with
interest, attorney fees and costs of suit which is, collectively, an amount subject to compulsory
arbritaration in this Judicial District and any other remedy this Honorable Court deems just and
proper.
CUNNINGHAM & CHERNICOFF, P.e.
') )' ~o ~
(0/ V
By: 1) IV7
Bruce J . Warshawsky, Esquire
Supreme Court LD. # 58799
2320 North Second Street
Harrisburg, PAl 711 0
(717) 238-6570
Attorney for Plaintiff
Landmark Commercial Realty, Inc.
F:\HOME\BJW\DOCS\LANDMARK\COOPER\COMPLNT.WPD
VERIFICATION
I, David Remmel, President of Landmark Commercial Realty, Inc., hereby verify that the
statements made in the foregoing Complaint and Notice are true and correct to the best of my
knowledge. 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:
/6 --li-L
Da~~1iL- -
EXHIBIT 'A'
~~.s
l.5lt~1 l.-
Z006 i'lRV 10 Rft 8 52
TaxParcelNwnber: /1"';'3- 05~ -of'!
THIS INDENTURE
MADE THE 'l;L day of
thousand and six (2006).
~
. in the year of our Lord two
BETWEEN
DANNY A. COOPER and LINDA K. COOPER, hi. wife, ofMec:hanicsbUlJ,
Cumberland County, PeDDSylvania, OrIntor,
and
ROLLACE E. IlEUSTESS IDd lIARIIAIlA A. m:USTESS, hi. wife, of Silver SPrina
Township, Cumberland County, PennsylVania, Grantees.
WlTNl:SSl:TB, that in consideration of tile sum of TWO HUNDRED FIFI'Y-IfOUR
THOUSAND aad NoIloo ($254,000.00) DOLLARS. in band paid, the receipt whonlof is hereby
acknowledged, the said OrInton do heRby grant IDd convey to the said Grantees, their hein IDd Uligns:
ALL TBA T CERTAIN tract of l8nd situate on the Eat side of North Market Street, in the Third
Ward of the Borough of Mec:banicsburg, CumberJlDd County, Pennsylvania, more particularly bounded
and described a follows:
BEGINNING at the northeast comer ofMarbt Street and Strawberry Alley; thence North alon,
the eastern line ofMarItet Street, sixty-seven IIld one-tenth (67.1) feet to a point at comer of IIDda now or
formerly owned by the Pennsylvania Railroad Company; thence alq the same, North 70 de..- 20
minutes Eat, one hundred fifty-throe (IS3) feet to a post at the COI'I*'oflllldl now or formerly of the
said Pennsylvania RaIlroad Company and lands now or formerly of John S. Davis; thence alollllanda
now or formerly of the said John S Davis, South 19 depeea 36 minuteI Eat, thirty IDd one-tenth(30.1)
feet to a point on the line of property now or formerly of Harold Stone; thence alolll the SII1le, South 70
deil'Ces 20 minutes West, twenty-nine IIld one-tenth (29.1) feet to a point mctcecl by a nail on the line of
property now or formerly ofHlrold Stone; thence by the WIle in a southwardly direction, thirty-seven
(37) feet to an iron pin in the northern line of Strawberry Alley; thence Ilona said northern line of
Strawbeny Alley in a westwardly direction, one hundred twenty-three and nine-tenths (123.9) feet to a
point, the place of BEGINNING.
HAVING thereon erected buildinl known and numbered 81 21 and 30 North Market Street,
Mechanicsburg. Pennsylvania, with the adjacent parking area to the North and Eat thereof.
TOGETHER with and subject to easements and restrictions of record.
BEING the same premises which William G. Magaro and Gayle A. Magaro, his wife, by their
deed dated December 31, ] 986 and recorded in the Recorder's Office in and for Cumberland County in
Deed Book K Volume 32, Page ]OS], granted and conveyed to Danny A. Cooper and Linda K. Cooper,
his wife, the Granton herein.
TO HAVE AND TO BOLD the said messuage or tenement and tm:t of land, hereditaments and
premises hereby granted and released, or mentioned and intended so to be, with the Ippurtenances, unto
the said Grantees, their heirs and assigns, to and for the only proper use and behoof of the said Grantees,
their heirs and Uligns, forever.
THIS CONVEYANCE IS PART OF A DEFERRED TAX-Jl'REE EXCHANGE OF LIKE-KIND
PROPERTY BY THE CRANTEES UNDER SEcrJON 1031 OF THE U.s. INTERNAL
REVENUE CODE OF 1916.
~IJOK 214 PACf23:i3
0#.
AND, the said Granton hereby covenant IU1d apee that they will WllTllDt specially the property
hereby conveyed.
IN WITNESS WHEREOF, the said Granton have hereunto set their hands and seals
the day and year tint above written.
Signed, sealed and delivered
in the presence of:
tX,k, f'~:rr
DQ~~
(SEAL)
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Culblrln CoeIIb RKordlr of o..ts
Instn.at Fili",
Rai,tl 606261
Instrl 2006-G15667 5/10/2006 08:58:42
1lIArks= TRIOCIUfIY A8SlR6CT
IE1STESS
1m
1m - .IT
rm - Rn STATE
IEafMJtSU8
IEClWIICS8Ul8 BIlRO
IHD - AJH
.J.e.s. / A. T .J.
CO IIfIIIVElDr FND
!lEe. IlfRVItT F1II
Check. 25800
DIeck' 25'193
CheckI 25'19t
Total Received.......
- 274 PAtt2J1~
11.50
.50
25'W) .00
1210.00
1110.00
11.50
10.00
2.00
3.00
U,3G8.SO
$2,S40.00
U ,110.00
$5,118.50
~.
COMMONWEALTBOFPENNSYLVANlA)
COUNTY OF CUMBERLAND
SS:
)
On this, the ~ day of ~ . A.D. 2006, before me a notary
public, in IDd for the Commonwealth of Penna pcnonally appeIred DANNY A.
COOPER and LINDA X. COOPER. known to me (or satisfilctorily proven) to be the persons
whose names are subacribed to the within 1ns1rument. and ICknowledged that they executed the
same for the plIIJlOses therein contained.
IN WITNESS WHEREOF, I hereunto set my hand an official seal.
);1.., ,J"" hO{i)i t:'
Notary Publlc
My commission expires:
(SEAL)
NllIIIIII....
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CERTlJ'lCATJ: OJ' D"~Dr.NCE
1 do hereby certifY that the precise IDd exact post of6ce address of the within GI'II1tees is:
:(37 ~~ /1,'1/ IfJd, /J1e~/t~6147'J' p,to 17DSV
~!'~
Attorney for Grantee
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T Certify this to be recorded
Tn Cumberland County ~A
. ~/..-.r r" ~r
. Recor- of Deeds
&OOK 274 PAGE2J15
11
EXHIBIT 'B'
.
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'l~i~~~J . .
.,.f..if
LANDMARKCOMMERCIALREAL,TY, I~C... .....".
20, Erford ~ROad; Suite'215, Lemoyne/PA...1104.3;, :
Telephone:' 717:..731'-1990 Fax:717~731-8765
E)(CLUSIVE.,rEASELlSTINGAGREE.MENT-'; 'I:.: ,
. .... ~'. of.' . . ....,. '." . . ' , . '\ '"
Broker:LANDMARKCOMMERc:IALREALrY,JNC..... '.},SROKER1S DESIGNATED'AGENT:. Ill). 1'" -5. ~ r
.. . . . 1 " .' . . ~ i" ." ~ .", ..;' . I . ' .
The unde~igned owner(s) or. sublessor(s), hereinafter collectively,callediOwner; hereby;gr'ants.LANDMARI< COII/IMERCIAL REALTX,
INC., hereinafter. called Broker, the exclusive right to ,lease 'the' Prqperty as Owner'sageJ1t. "Broker.willactasOwrer's .agent (Seller's
agent as defined in the Consumer Notice) and engage its efforts to find a tenant for the Property. Owner will refer".all, inquiries and
offers to Broker. . ..
',' :1"'
1. PROPE..RTY: Address.' . - . . ,/1;;1.. ~ . ~unicl.li. ofounty
of'Al~~utA-il/D ~... ,. Pennsylvania, cOnsisting of ": . . ... .'
2. USTEDRENTALRATE:$J~~?'i~~pe~ [] ~RSFD MOnthtX~a; '. , '.
~ER (or ~LESSOR.amees to pay the fo~ng checked'items: r+,~jlnitOrial Service, ~at, ~ conditioning~lectr!C'
~l?ewer Water rl-.r[J. Snow Remov~ ll.l. Tra1fRemoval U ~al Estate Taxes nsuranc~ I)'I-~Iumb~epalrs
Structura epairs' J&..I- Roof Repairs ~ HVAC Interior. Repairs mOther " Comments .
I
3. . POSSESSI~N': Owner ';iii':g.iv~ po.ss'~ssionOf Property to tenan~ on or after dat~: :.,.t .~"j</ ~ :.. .
4. TERM OF LEASE: Minimum T enn . 'M;';'mum Tel111 ~~;~ '. : .'. : .'
5. . .OWNER'S 'WARRANTY.OF TITLE; Th .. Owner wa~ra~ts that Owner has. g~od a dm~rket~bl~ fee simple titlet~ the. Property or a
leasehold interest with the right to sublease and has all necessary power and authority to . enter into and to..perform the terms of this
Agreement. .'. ..,....,..'.. ,'. .::.;. ;c:~-,..:
. .;, "
6. BROKER'S FEE: If the Property is leased during the term of this Agreement by Broker, Broker's affiliated Iicens~es,any other
broker/salesperson, or person,including.Owner, the .owner.agree~'to .pay'Broker',s'l1ee.of eighk(8%) percent ofthe total, agwegate
gross rental,or $1,000, whichever is greater, ..which Feestlall be' due :'and' payable !atthecommehcernent of thEr lease, and a Ii~e
commission upon any. renewal or holdilJg over by the' teiiant6r,;anye~ansion of .the premises. to~nysp~ce owned orcont~olled by
owner.resulting in increas'ed. rents. . -. j ... . ., . ,. .. . .
Sale: Broker may sell the property only with .the' C9nsent of Owner~'lr the Property is sOld during the term of this Agreement by
Broker, Broker's affiliated licensees, any other broker/salesperson, or person, including Owner, the Owner agrees to pay Broker's Fee
of eight (8%) percent of the. purchase price,whichFee,shall be:due arid payable at settlement.:."" ., '.. .
.. S~le/Lease After Ter~: . Owner will pay Bro.~er's,'F,reif:~ s~le~;~ansfer oHitle;~x.~hang~;' ~~.Iea,se occ~~s..~fterthe expiration o,f
the Term and , '.'.'.. .~"l ..;,.... ..' ... . ..,... .,' '.. .. .
a. the terms of sale, lease, transfer ottitle, or exchange were pending at the expiration ot.'the Term; or.
b. negotiations for the sale, lease, transfer of title, or exchange were pending atth~ ~)(pii"ationpfthe Term; or,
c. sale" lease;'jransfer. of title~ '6r",exchange"occurs':-within:~80 days .:.tollowingthe . expiration .of "the Term, and the
buyer/lessee/transferee :was. Snowr1;or~negotiatedto acquire{lease the' Property, .or an interest in, it; -during the Term of
this Agreement. '; .. . .
Sale/Lease.:Does not Occur: Owner .will.payBroker's Feeif.Broker"Broker's.iaffiliatedlicensees, any. other broker/sai~sperson,
or person. including Owner procures,areadYi;~willing,~nd':able buyer.:or tenant fpr;the:,ProPerty'. . A willing, buyer/tenant is'. one :who will
pay:theListed Rental i Rate or more,;or. one'who'. has' submitted an pfferjat. any prjce::tha! has been;accepted. by OViner :;;, .!: . .
Broker's Fee in';theevent: of default i5.:50% of/from buyer's deposit'monies. and.such.other:sums as: are due Owner' as liquidated
damages by buyer/tenant. The Fees set forth above have been. determined as a result of negotiations between Broker and Owner.
7. LISTING PERIOD: The duration'ofthis Agreement shall be twelve (12) months from the date signed by owner. This Agreement
may be extended in writing by the parties hereto. After the termination of this Agreement and any extensions, the Broker's authority
shall continue as to negotiations pending at time of termination. The Listing Period and any extensions are collectively referred to as
the Term in this Agreement. The Listing Period set forth above has been dete{J1ljned as. a..result of Ilegotiations between Broker and
Owner. If Owner enters into any agreement during the term of this Contract -(sale or lease) and the sale or lease does not take place,
the Term of this Contrachhall.be extended by, the number of days.ffom the execution of thesal"e.orlease .agreement to the .date when
the sale or (ease agreement is terminated and. Owner is again able to convey or"lease by free and clear title.
8. A TTORNEY'~ FEES: If Broker ins~tutes suit to' collect' any compensation due hereunder which results in any award or judgment
or if Broker siJccessfully defends any action brought against Broker by the Owner arising out of execution of this Agreement or any
contract or other transfer relating to the Property, or if Broker elects to pay any disputed deposits or other funds being held by Broker
.into court, then Owner agrees to pay all costs incurred by Broker in connection with any such action, including broker's reasonable
attornets fees.
....: . ~... ,'.
9. INFORMATION: Owner agrees to make available to Broker all data, records and documents pertaining to the Property, to allow
Broker to show the Property at reasonable times and. upon reasonable notice, to execute and deliver any documents reasonably
required .by Broker to enable Broker to effectuate terms. of this Agreement, and to commit no acts nor to permit any inaction which
would prevent or impair the Broker's performance hereunder. Owner shall, additionally, be responsible to, diligently pursue and pay the
expense of satisfying any subdivision ordinance and approval requirements necessary to convey, lawfully,. the Property, or any portion
thereof. . ".: .".,
10. SIGNS/COOPERATION: Broker is hereby authorizlfi to place "Available For Lease" or "Leased" signs on the Property, to remove
all other signs therefrom, and in Broker's sole discretior\ p advertise and to promote lease of the Property. Owner has been advised of
Broker's policies of cooperating with other brokers and agrees that Broker may pay from Broker's Fee a cooperating commission to
such other broker who acts as a subagent for Owner, tenant representative, or transaction licensee for tenant/buyer.
11. ADVERTISING/MARKETING CONTRIBUTION: Owner agrees to reimburse Broker for actual out of pocket advertising/marketing
costs for subject property upon submission of paid receipts up to a maximum of $500.00. This amount to be credited against future
commissions relative to the subject property.
(initial here)
12. DEPOSITS: All payments made on account of the real estate transaction contemplated by this Agreement, regardless of the form
in which said payments are made, whether it be cash, judgment note or other instrument, and regardless of the person designated as
payee, shall be retained by the Broker in an escrow- account in accordance with the Real Estate Licensing and Registration Act of the
Commonwealth of Pennsylvania and Rules al1d Regulations issued thereunder, and shall be distributed as required thereunder. In the
. eve~t of a dispute over.entitl~inent i~,deposit, Broker will maintain the same in an escrow abco~ntuntil'a.resoli.itroij'ofthe;(llspute by
agreement or final order of court 49 Pa Code ?5.333(a)(8). Owner agrees that if Broker1IsJoined::in a .suit over ~ntitlE:lrTlEmtto".dep~~it by.
Owner, Owner,shaII pay.Brok(ilfl:! cos!s ~nd fee~, including attorney's fees. .. . .. .. . ..... . .
-':~i/~';~~. ':':>:..'~:\ .:'}""":. '::~~::':,.,~~~/;~,::.<'j~ :"':',<~':;b,_,/.;":1~\ .h~~~t\~f. -~~~:~\ .
13, 'REAL::ESl'ATJ: TRA.NSFJ;:RI;TAXES:'.:LEASE PREPARATION: One-half (~) of any real estate transfer taxes shall be paid by the
Ownet when due... Owner''$halllikewise pay for deed/lease preparation.
14. HAZARDOUS WASTE: Owner represe~ts'and.'warrants,!thatOW~er.h~S .no . actual knowledge nor any reason to believe that.
hazardous waste or contaminants (including. asbestos andpradc;>n) , thalr;night result in liability to. an owner ol the Property forcosts~nd
expenses incurred:,to remediate: such, conditibi'l,' have;~ever ;beeri; .;or'are present\Y'fdund,orare' being. disposed. of on'. the .Property.
Owner agrees not to dispose of any hazardous waste or contaminants on the property during the term <;>f t~is Agreement. Owner
agrees to assume .any and all liability andwstS'Bsa result':ofa:'breach:,:ofthis or al1y:other representationandl,()r warranty. and will
indemnify B~okeragain$t any loss or c1a.~~.s against Broker- inco,~~ecti6n therewith. ".. ..
15. UNDERGROUND STORAGE TANKS: Owne~ represents warrants that all storage tanks located o~ the Property (if any); whether,
aboveground or underground, have been reported and registered with the appropriate state and/or local,!'igency and/or department as
required by. law;.and.havebeen and are:being 11'1aintainfi}d,as required by law..lnthe ,eventth~ttl1e'Owner has.not'compliedwith any
applicable statutory provision,Owner herepy agrees 'to. assume any and all liability and costs~incurred.as a result. of a.breach or
noncompliance with the applicable statute, and to indemnify Broker-against any Ipss or claims, against Broker in connection therl;lwith.
. t ~ . -, ,...... ." ',' ~ " ~ . ',.' ~:', .
16. ASSIGNS: This Agreement shalUe binding upon th~.lmdersigned'Owner.and Broker;,their heirs, executors, administrators,
successors. and ~ssigns,. ....'........ ~.': .... ..... .,' .... ,..... '., :..', .
. ""~'..' .
17. JOINT LIABILITY; COPIES: The' Owner,.having:carefully read and .considered thisAgreement,hereby,:acknowledges receipt of
an exact copy of it. If executed by more than.one Owner, the obligations of Owners hereunder sh.an~e joint and seve~al. .
~ " .....~;.. ..... ~ .- .... "-~.'.' .,",'j. . ':' ,: ," ,.......-.;..~"'
18. AGENCY: Owner has received and reviewed.the G~;lnsumer .Notice adopted by the State Real Estate Co.mmission a\49 Pa. Code
35.336. The definitions of business relationships and thedutiesre.quited oflicense~sas.setforth'il"l the Noticeare.incorporatedhere as
though set forth at length. Broker is .acting as Owner's agent as defined. in the Consumer Notice (Seller Agent). Broker also represents
Tenants. . .If a. tenant represented, by Brok.er entertains leasing .~of .owner's property. Broker 'will act'asa dual agent 'as defin~d in the
Consumer. Notice. Owner consents to Broker' serving as a dual agent Broker may, with OWner's consent designate: an :agent.to
represent Owner, and with tenanfs consent, designate an agent to represent tenant. A Designated Agent is a dual agent. when '.
rep'resentin~ bo~h Owner and tenant.
19..CIVILRIGHTS/FAIR HOUSn:'.IG:,.Fedei:aI.'snd stateJaws'makeitillegalfor Seller, I3roker,.,orany other person or entity t~.use
RACE, COLOR, RELIGION OR RE~IGIOUS..CRE~O;'SEX;D1SABIL.IT'(:(physl,cal.or mental), FAMliJAL:,STATUS (chlldren':lmderage
18), AGE (40 or older), NATIONAL ORIGINj.USE.OR. HANDLlNGfTRAINING:',OFSUPPORT OR. GUIDE ANIMALS, or the FACT OF
RELATIONSHIP OR ASSOCIATION TO.AN INDIVIDUAL KNOWN TO HAVE A DISABILITY as reasons .for'refusing to.sell,.show, or
rent properties, loan money, orsetdeposit amounts, or as reasoris for anyde9ision.'relating to the sale of property.' ,.. .
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20. REAL ESTATE RECOVERY FUND: A'Real Estate.Recovery Fund exist!>.tor~imbl:lrse'any person who has obtained a.fimll civH
judgment against a Pennsylvania real estatedicensee.owing.:to fralJd, misrepresentation, or deceit in .a real estateJtansactiorf.~nd who
has been unable to collect the judgmenfafter exhausting ali legal and equitable remedies. For complete details abo~t the. Hind, call
(717) 783-3658.63 P;S. &,608.2(2). ,......\ ..
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21. CONFLICT OF ..INTE~E,Sr:.Should .a:~co!'lfli<;t.of interest.;'~xi$t.b,ecaus.eJqf"l3.rol<er's.relationshlp . to Ten.ant, or'Jor other reason,
Broker will notify Owneras.soon as reasonablipo~~ible:aft~r.~ucttcoj;f1ictJs:p~rceivedlidentified.bY.l3roker::..: .;.. ....
': :., '., '." . ;: ~ . .
22~ TITLE: Owner has the;ci;lpacity, power, and full' authority toexecute,.;.deliver, and. perform this.Agreement and to enter into
agreements.:for the ,sale.and/or lease ofth.e. Pro.perty. Ovmer'has;not granted.any..optiori. or. entered into any.:,otner;cQmmitmenHo,
market, sell, lease .the Prop.erty or any part of it.';OwnerrepreselilsJhat pr9perty'arid. co,mplete. corporate. or. partnetship . approval' has.
beenobtained,as .may be:applicable,:for purp.o~es:of ~ntering into this Agr$e."entand any Lef,lse and/or. Sales Agreement
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LANDMARK COMMERCIAL
REALTY, INC.
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: PENNSYL VANIA,
v.
DANNY A. COOPER and
LINDA K. COOPER
Defendant
CIVIL ACTION - LAW
No. 06 63001
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
:8S:
COUNTY OF PERRY
Tana A. Zang, Legal Assistant for Walz & Walz, Attorneys at Law, P.C., Attorney for
Danny A. Cooper and Linda K. Cooper, being duly sworn according to law, deposes and says that
she mailed a true and correct copy of the Answer to Complaint in the above-captioned action to the
Defendant at their address: Bruce 1. Warshawsky, Esquire, Cunningham & ChemicotT, P.C. 2320
North Second Street, Harrisburg, P A 17110 by depositing same in the Regular United States Mail
on November 21,2006.
~
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Legal Assistant for
Walz, Attorneys at Law, P.C.
Attorney for Plaintiff
341 Market Street
Newport, Pennsylvania 17074
(717) 567-6993
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LANDMARK COMMERCIAL REALTY, INC.
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: No. 06 63001
: Civil Action - Law
PLAINTIFF
Vs.
DANNY A. COOPER AND LINDA K. COOPER,
DEFENDANTS
ANSWER TO COMPLAINT
AND NOW COMES DEFENDANTS, DANNY A. COOPER AND LINDA K.
COOPER, by and through their attorneys, WALZ & WALZ, ATTORNEYS AT LAW, P. C.,
and file the within Answer and in support thereof, state the following averments:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. The averments in Paragraph 6 are neither admitted nor denied. After reasonable
investigation, the Defendants are without knowledge or information sufficient to form
a belief as to the truth of these averments and proof is demanded at trial.
7. Admitted that Defendant, Danny A. Cooper signed an Exclusive lease Listing
Agreement with Landmark; however, Mr. Igor Druker was fully aware that the
contract also needed to be signed by Defendant, Linda K. Cooper, before it could be a
completed listing contract, as both Defendants Danny A. Cooper and Linda K.
~
Cooper were co-owners of the subject property as tenants by the entireties and not as
tenants in common. The said Mr. Droker was fully informed of the entireties
ownership and that Linda K. Cooper's joint listing and authorization had to be
completed before the contract could be binding.
8. Admitted in part and denied in part. The Listing Agreement was signed by one of the
owners, Danny Cooper, with the expectation from Mr. Droker, Danny Cooper, and
Linda K. Cooper that Linda K. Cooper must also sign the Listing Agreement in order
for any contract to become valid as all parties knew that Danny A. Cooper and Linda
K. Cooper owned the subject property as tenants by the entireties. It is admitted that
paragraph 7 of the Listing Agreement required that the owners of the property needed
to sign the contract in order to be held to the terms and conditions of the Agreement;
however, the "owners" of the property did not sign the Agreement in that one owner
had never signed the Agreement as was contemplated by Mr. Droker, Danny Cooper
and Linda K. Cooper. Further, during negotiations between Mr. Druker and Danny
Cooper, Mr. Cooper informed Mr. Droker that a person (Mr. Heustess) was already
negotiating with Mr. Cooper for lease of28 North Market Street and later purchase of
28-30 North Market Street, and that this purchaser would have be excepted from the
contract, which exclusion was mistakenly not inserted.
9. Mr. Cooper had pointed out to Mr. Drukerthat Mr. Cooper was negotiating with Mr.
and Mrs. Heustess in August prior to negotiations starting with Mr. Droker, however,
the Heustess's exclusion from the listing contract was mistakenly omitted.
10. It is admitted that the terms of the Listing Agreement provide for a broker's fee under
certain situations; however the Listing Agreement was never duly executed by the
"owners" in that only one of the owners signed the listing Agreement. Proof that the
"owners" are liable for a fee when the "owners" have not entered into a contract is
demanded at trial.
11. It is admitted that the terms of the Listing Agreement provide for a broker's fee under
certain situations; however the Listing Agreement was never duly executed by the
"owners" in that only one of the owners signed the listing Agreement. Proof that the
"owners" are liable for a fee when the "owners" have not entered into a contract is
demanded at trial.
12. It is denied that Landmark acted in good faith and in accordance with its duties and
obligations as a real estate broker licensed with the Commonwealth of Pennsylvania
and consistent with an alleged Agreement, in that all parties knew that the property
was owned as tenants by the entireties by Mr. and Mrs. Cooper and that when the
Listing Agreement was signed by Mr. Cooper and Mr. Droker, that it was anticipated
that Mrs. Cooper's signature would also have to be obtained as well as the signature
of the Broker. Mrs. Cooper's signature was never obtained. Additionally, no known
action was taken by Landmark to work for Mr. Cooper which further verified that
there was no duly executed contract and that neither party was treating the subject as
contracted.
13. It is denied that Landmark is entitled to a commission under any circumstances as
there was no duly executed contract between the owners and the broker and there
were no actions taken by Landmark indicating that it believed it had a contract.
14. It is denied that the Listing Agreement is a duly executed contract in that it was
contemplated by all parties that it must be signed by Mrs. Cooper as well as Mr.
Cooper, the "owners". Without Mrs. Cooper's signature, there was no binding
contract.
15. It is denied that Mr. Cooper could bind Mrs. Cooper to the terms of the Listing
Contract. All negotiators knew that Mrs. . Cooper was an owner and that the Listing
Contract needed to be signed by both owners in order to become valid. Mrs. Cooper
has her own free will; a husband has no authority to bind his wife to a contract
without a duly executed power of attorney or some such valid authority. Further, all
negotiating persons stated that they must get Mrs. Cooper's signature to the contract
in order to bind her. This act they failed to do.
16. It is denied that Mr. and Mrs. Cooper are subject to the terms of the Listing
Agreement as it was not duly executed by both owners; therefore no attorneys fees
claimed are due and owing by Mr. and Mrs. Cooper.
17. After reasonable investigation the defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments in Paragraph 17. Defendants
only assert again that Mr. Druker was the negotiator for Landmark; that Mr. Droker
stated that he knew that he needed to get Mrs. Cooper's signature to the Agreement
for it to be duly executed and that he also needed to get the signature of Landmark's
broker; that the broker signed the Agreement, but that Mrs. Cooper never signed the
agreement; that neither party operated as though there was a contract.
18. After reasonable investigation, the defendants are without knowledge or information
sufficient to form a belief as to the truth of the legal fee agreement; proof is
demanded at trial.
4
19. It is admitted that Lan~mark sought a commission; however the defendants do not
believe that any commissions are due; proof is demanded at trial.
20. It is denied that Mr. and Mrs. Cooper have breached any contract in that they aver
that there was no contract between them and Landmark for the reasons stated
previously.
21. It is denied that Mr. and Mrs. Cooper's actions are in breach of any contract in that
there was no duly executed contract. The negotiations contemplated the signature of
Mrs. Cooper which was never obtained; further, the inactivity of Landmark revealed
its belief that it had no contract. It is denied that there is any money due to Plaintiff.
WHEREFORE, Defendants, Danny and Linda Cooper seek dismissal of all claims for
damages against them.
WALl & WALl, Attorneys at Law, P .C.
- -;
BY:
Shaubut C. Walz, III
Supreme Court ID # 15277
341 Market St.
Newport, Pa. 17074
Phone (717) 567-6993
Fax (717) 567-6994
Attorney for Defendants
Date:Y}bLJ. ~ ~OOlp
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~
VERIFICATION
We, Danny A. Cooper and Linda.K. Cooper, Defendants in the above captioned
matter, hereby verify that the statements made in the foregoing Answer are true and
correct to the best of our knowledge. We understand that false statements herein are
made subject to the penalties of 18 Pa. C. S. ~ 4904, relating to unsworn falsification to
authorities. --J
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SHERIFF'S RETURN - OUT OF COUNTY
"
CASE NO: 2006-06300 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LANDMARK COMMERCIAL REALTY INC
VS
COOPER DANNY A ETAL
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:
COOPER DANNY A
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of PERRY
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On November 9th, 2006 , this office was In receipt of the
attached return from PERRY
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Perry County
Postage
18.00
9.00
10.00
51.80
2.74
91.54 \/ ):;)'-/Ol.j.o(, C'\
11/09/2006 r
CUNNINGHAM & CHERNICOFF
So a~n. .~.~.~....r s. . ...~. ~....__..._..../:;i;;:7
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R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribe to before me
day of
this
A.D.
SHERIFF'S RETURN - OUT OF COUNTY
#-
....
CASE NO: 2006-06300 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LANDMARK COMMERCIAL REALTY INC
VS
COOPER DANNY A ETAL
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:
COOPER LINDA K
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of PERRY
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On November 9th, 2006 , this office was in receipt of che
attached return from PERRY
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16 . 0 0/ ~') I ~ I 0 L. J () (.
11/0 9/2006 'f"'^
CUNNINGHAM & CHERNICOFF
So answe ~~-:;:> ......// ?;-:;::-
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Sworn and subscribe to before me
day of
this
A.D.
...
In The Court of Common Pleas of Cumberland County, Pennsylvania
Landmark Commercial Realty Inc
VS.
Danny A. Cooper et al
Danny A. Cooper
No.
06-6300 civil
SERVE:
Now,
October 31, 2006
, I, SHERIFF OF CurvrBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Perry
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
r~~
Sheriff of Cum berland County, P A
Affidavit of Service
Now,
November 6,
20 06 at 4: 48 o'clock P
, -'
M. served the
within
Notice & Complaint
upon
Danny A. Cooper
at
235 Woodridge Circle ShermansDale, PA 17090 (Carroll Twp)
by handing to
Linda K. Cooper, Defendants Wife
a
True & Attested
copy of the original Notice & Complaint
and made known to
Her
the contents thereof.
So answers,
Chief Deputy
&nald ~~ S~tv
Sher~ - P~rry County, PA
fh
COSTS
SERVICE
MILEAGE
AFFIDA VIT
$
Sworn and subscribed before
me this JilL day of N~ 20P{:,
$
NOTARIAL SEAL
MARGARET F. FLICKINGER, NOTARY PUBLIC
BLOOMFIELD BORO., PERRY COUNTY
MY COMMISSION EXPIRES FEB. 1 E, 2008
.
In The Court of Common Pleas of Cumberland County, Pennsylvania
Landmark Commercial Realty Inc
Vs.
Dapny A. Cooper et al
Lmda K. Cooper
No.
06-6300 civil
SERVE:
Now,
October 31, 2006
, I, SHERIFF OF Cillv1BERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Perry
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
r~~
Sheriff of Cum berland County) P A
Affidavit of Senrice
Now,
November 6,
, 20 ~,at 4 : 48 o'clock P M. served the
withm Notice & Complaint
upon Linda K. Cooper
~ 235 Woodridge Circle ShermansDale, PA 17090(Carroll Twp)
by handing to
Linda K. Cooper, Defendant
a
True & Attested
copy of the original Notice & Complaint
and made known to
Her
the contents thereof.
~bi~:E Deputy
So answers,
Donald E. Smith_~_
~(~{\. 9-A_ ~ ~,~
Sheriff of Perry County, PA
In
COSTS
SERVICE
MILEAGE
AFFIDA VIT
$
Sworn and subscribed before
me this l111 day of N~ 20~
NOTARIAL SEAL
MARGARET F. fLICKINGER, NOTARY PUBLIC
BLOOMFIELD BORG., PERRY COUNTY
MY COMMISSION EXPIRES FEB. 16. 200.B~
$
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
LANDMARK COMMERCIAL REALTY,
INe.
NO. 06-630C
Plaintiff
v.
CIVIL ACTION - LAW
DANNY A. COOPER and LINDA K.
COOPER,
Defendants
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Bruce 1. Warshawsky, counsel for plaintiff/defendant in the above action (or actions), respectfully
represents that:
1. The above-captioned action is at issue.
2. The claim ofplaintitTin the action is $21,320.00, plus attorney's fees and costs.
The counterclaim of the defendant in the action is $None.
The following attorneys are interested in the case as counselor are otherwise disqualified to sit as
arbitrators:
Bruce 1. Warshawsky, Esquire
Cunningham & Chernicoff, P.e.
2320 N. Second Street
Harrisburg, P A 17106
(717)238-6570
Judith T. Walz, Esquire
341 Market Street
Newport, P A 17074
(717)567 -6993
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators 1.0 whom the
case shall be submitted.
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Resp~tfiJlly submitted,
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ORDER OF COURT
AND NOW,
, 2007, in consideration of the foregoing petition,
, Esq., and
Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for.
By the Court,
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LANDMARK. COMMERCIAL REALTY,
INe.
NO. 06-6300
Plaintiff
v.
CIVIL ACTION - LAW
DANNY A. COOPER and LINDA K.
COOPER,
Defendants
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Bruce J. Warshawsky, cOW1sel for plaintiff/defendant in the above action (or actions), respectfully
represents that:
1. The above-captioned action is at issue.
2. The claim of plaintiff in the action is $21,320.00, plus attorney's fees and costs.
The cOW1terclaim of the defendant in the action is $None.
The following attorneys are interested in the case as cOW1sel or are otherwise disqualified to sit as
arbitrators:
Bruce J. Warshawsky, Esquire
Cunningham & Chernicoff, P .C.
2320 N. Second Street
Harrisburg, P A 17106
(717)238-6570
Judith T. Walz, Esquire
341 Market Street
Newport, P A 17074
(717)567-6993
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the
case shall be submitted.
J.JdJo I
~es lly submitted,
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ORDER OF COURT
AND NOWjJ :l '3 , 2007, in consideration of the foregoing petition,
(!.i7~ ~ ft. , Esq., and
~. ~. g-...} Esq.,lIfe appomted arb1trators m the above caplI oed aclIon (or
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LANDMARK COMMERCIAL REALTY,
INC.
NO: 06-6300
Plaintiff
v.
CIVIL ACTION - LAW
DANNY A. COOPER and LINDA K.
COOPER,
JURY TRIAL DEMANDED
Defendants
MOTION TO VACATE THE APPOINTMENT OF ARBITRATORS
AND NOW COMES the Plaintiff, Landmark Commercial Realty, Inc. ("Landmark") by
and through its attorneys, Cunningham & Chernicoff, P.C. to petition the Court to vacate the
appointment of arbitrators in this matter as follows:
1. The Plaintiff is Landmark Commercial Realty, Inc. which filed a Complaint in
this matter on October 23, 2006.
2. The Defendants answered Landmark's Complaint and the pleadings are closed.
3. Landmark filed a Praecipe for the Appointment of Arbitrators on February 13,
2007.
4. This Honorable Court appointed an Arbitration Panel by Order dated February 23,
2007, Clinton R. Weidner, Jr., Esquire, Chairman.
~,
5. Following the appointment of the Arbitration Panel, the parties reached a
settlement and Landmark wishes to discontinue this action.
6. A prerequisite to the discontinuance of this action, the appointment of the Board
of Arbitration must be vacated.
7. Defendants counsel, Judith Walz, Esquire, does not oppose this Motion.
WHEREFORE, Landmark Commercial Realty, Inc. respectfully requests this Honorable
Court issue an Order, in the form attached hereto, vacating the appointment of the Board of
Arbitrators in this case.
CUNNINGHAM & CHERNICOFF, P.C.
~
BY:.! /' //
)(3~1 01
Bruce J. Warshawsky, Esquire
Supreme Court J.D. # 58799
2320 North Second Street
Harrisburg, PAl 711 0
(717) 238-6570
Attorney for Plaintiff
Landmark Commercial Realty, Inc.
F:\Home\BJW\DOCS\LANDMARK\COOPER\Motion2Vacate.wpd
.....
CERTIFICATE OF SERVICE
I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff,
P.C., hereby certify that I served a true and correct copy of the MOTION TO VACATE THE
APPOINTMENT OF ARBITRATORS upon the following via first Class Mail, postage
prepaid.
Judith T. Walz, Esquire
Walz & Walz, Attorneys at Law, P.C.
341 Market Street
Newport, P A 17074
Clinton R. Weidner, Jr., Esquire
Johnson Duffie
301 Market Street
Lemoyne, P A 17043
CUNNINGHAM & CHERNICOFF, P.C.
u ieanne Ametrano
(2 20 North Second Street
arrisburg, P A 17110
Telephone: (717) 238-6570
.(k~
Date: March~O , 2007
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LANDMARK COMMERCIAL REALTY,
INC.
NO: 06-6300
Plaintiff
v.
CIVIL ACTION - LA W
DANNY A. COOPER and LINDA K.
COOPER,
JURY TRIAL DEMANDED
Defendants
;fO~ION
AND NOW, this 't date of~, 2007 in consideration of the Petition to
Vacate the Board of Arbitration,
IT IS HEREBY ORDERED that the appointment of the Board of Arbitrators issued in
this case on ;) /J, 3 /0 '7
, shall be VACATED.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LANDMARK. COMMERCIAL REALTY,
INC.
NO: 06-6300
Plaintiff
v.
CIVIL ACTION - LAW
DANNY A. COOPER and LINDA K.
COOPER,
JURY TRIAL DEMANDED
Defendants
;lO~ION
AND NOW, this ~ date of ~, 2007 in consideration ofthe Petition to
Vacate the Board of Arbitration,
IT IS HEREBY ORDERED that the appointment of the Board of Arbitrators issued in
this case on a /:;'310 '7
, shall be VACATED.
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LANDMARK COMMERCIAL REALTY,
INC.
Plaintiff
v.
DANNY A. COOPER and LINDA K.
COOPER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 2006-6300
CIVIL ACTION - LA W
JURY TRIAL DEMANDED
PRAECIPE TO SETTLE. DISCONTINUE AND END
TO THE PROTHONOTARY:
Please mark the above referenced matter settled, discontinued and ended with prejudice
as the parties have resolved their differences.
Date: April Ll, 2007
Respectfully submitted,
rue J. War
LD. #5879
2320 North Second Street
P. O. Box 60457
Harrisburg, P A 17106-0457
Telephone: (717) 238-6570
(Attorneys for Plaintiff)
f
.
CERTIFICATE OF SERVICE
I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff,
P.C., hereby certify that I served a true and correct copy of the PRAECIPE TO SETTLE,
DISCONTINUE AND END upon the following via first Class Mail, postage prepaid.
Judith T. Walz, Esquire
Walz & Walz, Attorneys at Law, P.C.
341 Market Street
Newport, P A 17074
CUNNINGHAM & CHERNICOFF, P.C.
Date: April 1, 2007
u ieanne Ametrano
20 North Second Street
arrisburg, P A 17110
Telephone: (717) 238-6570
F:\Home\BJW\DOCSILANDMARK\COOPER\PRAECIPE. WPD
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