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GEORGE ZAHORIAN, SR. and
MARY ZAHORIAN
IN EQUITY
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. qs - 3973.CIVU ~'(ltv- ~
PATRICIA J. ZAHORIAN,
Plaintiff
Defendants
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 THE COMPLAINT
AND NOTICE ARE SERVED, 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 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.
Court Administrator, Fourth Floor
Cumberland County Courthouse
carlisle, PA 17013
Telephone: (717) 240-6200
Lnw Offices
Dunenn & Otln, P,C.
PATRICIA J. ZAHORIAN,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
vs.
NO.
CIVIL
GEORGE ZAHORIAN, SR. and
MARY ZAHORIAN
IN EQUITY
Defendants
COMPLAINT
AND NOW comes the Plaintiff by her attorneys, Duncan &
otto, P.C. and states the following:
1. The Plaintiff is Patricia J. Zahorian, a sui juris,
adult individual who resides at 1215 Hillside Drive, Carlisle,
cumberland county, Pennsylvania 17013.
2. The Defendants are George Zahorian, Sr. and Mary
Zahorian, both sui juris, adult individuals who reside at 300
Park Slope, Cliftonr New Jersey 07011.
3. On July 3, 1990 patricia J. Zahorian entered into a
straw party agreement with George Zahorian, Sr. and Mary
Zahorian. A copy of the straw party agreement is attached
hereto, incorporated by reference and marked Exhibit "A".
4. The straw party agreement provided that patricia J.
Zahorian, the principal under the agreement, had elected to
take title to certain real estate located at 1215 Hillside
"
Drive, Carlisle, pennsylvania, in the names of the agents,
George Zahorian, Sr. and Mary Zahorian.
5. A deed was duly executed on July 3, 1990 conveying
Lnwomc.. title in 1215 Hillside Drive, Carlisle, Pennsylvania from
Duncnn & Otto. P.C.
Steven M. Black to George Zahorian, Sr. and Mary Zahorian. A
copy of the deed is attached hereto, incorporated by reference
and marked Exhibit "B".
6. The straw party agreement provided that agents would
convey legal title to the principal or her assignee at the
direction of the principal.
7. Patricia zahorian, through her attorney, William A.
Duncan directed that her agents, Defendants herein named,
convey legal title to her. A copy of the letter requesting
conveyance dated July 5, 1995 along with a certificate of
mailing dated July 7, 1995 is attached hereto, incorporated by
reference and marked Exhibit "C".
8. Defendants have violated the terms of the straw party
agreement by failing to convey 1215 Hillside Drive, Carlisle,
Pennsylvania to Plaintiff.
9. The Plaintiff has been and will be irreparably harmed
by the failure of Defendants to convey the subject premises.
10. The Plaintiff is without an adequate remedy at law.
WHEREFORE, the Plaintiff prays for equitable relief as
follows:
a. That the Court enjoin the Defendants preliminarily
pending trial, and permanently thereafter, from transferring or
encumbering the subject premises located at 1215 Hillside
Drive, Carlisle, Cumberland County, Pennsylvania:
b. That the Court decree that the Defendants shall comply
Law Office.
Dunenn & Olto, P.C. with and perform the provisions of Paragraph 3 of the straw
party agreement by transferring fee simple title in the subject
.
~
premises located at 1215 Hillside Drive, Carlisle, Cumberland
County, Pennsylvania into Plaintiff;
c. That the Court grant such further and additional
equitable relief as may be deemed to be proper, necessary and
appropriate under the circumstances.
DUNCAN & OTTO, P.C.
~~~C~,
William A. Duncan, Esquire
Attorney for Plaintiff
1 Irvine Row
Carlisle, PA 17013
(717) 249-7780
I.D.#
Lnw omc..
Duncon & Otto, P.C.
Law Office.
Duncnn & Otto, P,C.
VERIFICATION
I, patricia J. Zahorian, hereby verify that the facts set
forth in the foregoing Complaint 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. section
4904 relating to unsworn falsification to authorities.
,
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patricia J. Zahorian
Dated: JUly'';..D, 1995
~TRAW PARTY AGREEMENT
AGREEMENT made this
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day of July, 1990, by and between
PATRICIA J. ZAHORIAN, hereinafter referred to as "principal" and GEORGE
ZAHORIAN, SR. and MARY ZAHORIAN, his wife, hereinafter referred to as
"agents," WITNESSETH:
WHEREAS, principal entered into an Agreement of Sale to purchase
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premises known as Lot j&6, Phaser 2, Plan 5 of Nottingham, 1215 Hillside'
Drive, Carlisle, PA from steven M. Blackl and
WHEREAS, principal has elected to take legal title in the names of
agents until an undetermined time in the futurel
NOW, THEREFORE, in consideration of the mutual covenants of the
parties hereto, both parties intending to be legally bound hereby, it is
agreed as follows:
1. Agents agree to accept title to the premises above described
and to hold the same on behalf of principal.
2. principal shall have the right to the occupancy of the
premises without charge and shall be responsible for the payment of all
taxQS, insurance and maintenance expenses.
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3. At the direction of principal, agents agree to convey legal
title to principal or her assignee.
4. This agreement shall be binding on the parties hereto, their
heirs, executors, administrators and assigns.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
on the day and year first above written.
L
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(SEAL) I
(SEAL)
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Mary Z or. n
(SEAL)
ARN01.0 & su..a:, \t1nR~"\ "'.I.A". 21M "'''un STIlET. CAMP HlLL.'1t UOI1
COMMONWEALTH OF PENNSYLVANIA)
COUNTY
CUMBERLAND)
OF
On this, the
:]<;!-
day of J i:(
undersign d ofFicer,
personally appeared GEORGE
, 1990, before
me, a notary public, the
ZAHORIAN, SR. and MARY ZAHORIAN, his wife, known to me (or satisfac-
torily proven) to be the persons whose names are subscribed to the
within instrument, and acknowledged that they executed the same for the
purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
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51..... J, P""man, Notary Public
C3~.'5Ie !I:lro, CUlr.btthnd Colllly
My Comll'",ion Eopirea July 20, 1991
M.mbor. Pen.'\IYIvIni&~lion of NoWiea
ARNOI.D &: 51.11\E.. .\110""'\ AI U\ll. lit... "'"...., 'UHf. c:.o\Mr IIILl.,,, UCtIl
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COMMONWEALTH OF PENNSYLVANIA)
COUNTY
OF
CUMBERLAND)
'?d
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On th s, the
me, a notary public, the
day of ~LL~
undersigne ~fficer,
, 1990, before
personally appeared
PATRICIA J. ZAHORIAN, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and acknow-
ledged that she executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
~
A:1,
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Notary Public
'~o'..1r'l!SaaJ
Stl.an J, FisIl",.n, Notary Pul16c
Ca,:.,Iello:o, CUlT.i:"und Colllly
MrCommimnElpirll$July20,1991
Mlmblt, PennsjIYaniI AaociItion 01 Nolaries
I\RSOI.n A,' Sl.1fo;L \llnll'l\\ "IIA\\ ':II)1t """IliFf \lkHT. (;^'lrltlu..I'.\ unll
.
DIll
day of ::TICLY
bundred ninety
MaDI nI d
one tbouland ninl
in tbl year of our Lord
11,..1. STIVEN H. BLACK of 75 Ladnor Lane, Carlille, Cumberland
County, penn.ylvenia, hereinafter referred to all
Grantor(I),
and GEORGI ZAKORIAK, SR. and HARY ZAKORIAN, bil wife, of
New Jerssy, hereinafter referrsd to all
GranUe(s),
.ItwI8SI~B, that in consideration of One and 00/100 Dollars ($1.00)
in hand paid, the receipt whereof is hereby acknowledged, the said
Grantor(s) do hereby grant and convey to the said Grantee(a), her
heirs and assigns as tenants by the entireties I
ALL THAT CIRTAI. tract of land situate in the third ward of the
Borough of Carlisle, Cumberland County, PA, bounded and described
as Lot .156 in accordance with the final subdivision plan for Phase
No. 2 of Plan No. 5 of Nottingham, prepared by Stephen G. FiSher,
R.S., dated May 20, 1986 and recorded in Cumberland County Plan
Book 50, Page 132 and incorporated herein by reference thereto as
follows, to wit:
BEGINRING at a point on the northern dedicated right-of-way line
of 60 foot wide Hillside Drive at the dividing line between Lots
Nos. 156 and 157 on the aforementioned subdivision plan; thence
along said dividing line North 18 degrees 17 minutes 22 seconds
West 150.00 feet to a point; thence along lands now or formerly of
Eugene S. SCh10snag1e North 71 degrees 42 minutes 38 seconds East
120.00 feet to a point; thence along the dividing line between Lots
Nos. 155 and 156 on said plan South 18 degrees 17 minutes 22
seconds East 150.00 feet to a point on the northern dedicated
right-of-way line of Hillside Drive; thence along said right-of-
way line South 71 degrees 42 minutes 38 seconds West 120.00 feet
to a point, the Place of BEGINRING.
CONTAINING 18,001.20 square feet, exclusive of dedicated right-of-
way line.
UNOER ABD 8UBJIC~ to the following protective covenants,
restriction. and reservations which shall be binding in the lot
herein conveyed end shall n~~ be deemed binding on other land of
the Grantor, and with which protective covenents, restrictions and
reservations the within Grantees, their heirs and assign., by the
acceptance of this deed, agree to comply, '
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1, No building ehall be erected, placad, or altered on any
building plot in thie eubdivieion until the building plana,
epacificatione, and plot plan ehowing tha location of euch building
have been epproved in writing ae to conformity and harmony of
external deeign with the deeign scheme of the subdivision and with
existing structuree in the sUbdivision, and es to location of the
building with respect to topography and finiahed ground elevation,
br grantore or their designee. Grantors may reject or approve such
pane for any rea eon whatsoever and euch rejection or approval
ehall be final and shall not be epp1icab1e in law or in equity.
Grantors reserve the right but not the obligation to require that
any building exterior be constructed of brick or stone. In the
event grantors or their designee fail to approve or disapprove such
design and location within thirty (30) days after said plans and
specifications have been submitted to them such approval will not
be required and thia Covenant will be deemed to heve been fully
complied with.
2. This trect of land shall be used for residential purposes only.
No busineso, commercial, or industrial uses whatsoever shall be
permitted on this tract of lend.
3. Only one single-family residence end one garage, which garage
is mandatory, and accessory buildings may be erected on this tract
of land. Provided further that no part of any garage not attached
to the main residence may ba located in front of the front line of
the main residence.
4. No trailer, mobile home, or similar structure or equipment may
be located on this tract of land temporarily or permanently, for
any use whatsoever unlees enclosed totally in a garage.
5. No basement, tent, shack, garege, barn or structure of a
temporary character shall be erected on this tract of land and used
as a residence either temporarily or permanently.
6, No advertising or display sign shall be erected or maintained
on this tract ,of land other than the customary "For Rent" or "For
Sale" signs when the same pertain to the premises on Which they are
located.
7. Nothing shall be done in this tract of land which may be or
become an annoyance or nuisance to the neighborhood.
e, No animal shall be permitted except pets which are maintained
solely within the residence and are not kept for commsrcial
purpo.e.,
9. All con.truction and landscaping shall be completed within one
ye.r of the commencement of such construction.
10. The lot owner .hall maintain the trees planted by the developer
and/or building within the four foot gra.. planting .trip adjacent
IO~ 34 raCE 833
.
.
to tbe public Itreet end abutting thl lot herein conveyed Ind in
the ev.nt any laid treel Ihall for any r.alon die, the lot owner
Ib.ll within lix month. replant ..id tre'(I) with a new h.rdwood
tr.e(e) having a minimum diameter of 3".
11. No vid.o or audio tower. .hall be erected on the pr.mi....
12. Satellite di.c televi.ion receiver. are prohibited on the lot
herein conveyed.
13. No unlicensed vehicle shall be permitted on any lot at any
tima, unless the same is stored inside a garags used in conjunction
with the principal residence erectsd on said lot. No recreational
vehic1se shall be psrmitted to be parkad, temporarily or
permanently, on any street, road, or driveway.
14. No fences shall be erected on the premises without complying
with the provisions of paragraph 1 hereof requiring approval of
Grantors.
15. Purchaser is required at Purchaser's expense to install
sidewalks adjacent to the Borough Streets in accordance with
Borough of Carlisle specifications.
16. Purchaser is required to pay the Borough of Carlisle recreation
fee at time of deed conveyance of the lot to purchaser.
17. No clotheslines shall be erected or maintained on the lot
herein conveyed.
18. No skateboard ramps shall be erected or maintained on the lot
herein conveyed.
19. No owner, guest or visitor ehall be permitted to park any
tractor or trailer or combination thereof on the lot herein
conveyed or in the public streets of the Summerfield Development
for any purposes other than delivery or pick-up purpoees.
AND BIINO PART of a certain larger tract of land which Eugene S.
Schlosnag1e and Ethel S. Sch10snagle, by deed dated February 2,
1987 and recorded in Cumberland County Deed Book 'M", Vol. 32, Page
361, granted and conveyed to Steven M. Black, Grantor herein.
Steven M. Black
is no action
jurisdiction.
Steve Black Homes, Inc. executes this dead to convey any and all
of it's right, title and interest in the property herein conveyed
by virtue of a ce.tain unrecorded Agreement of Sale from Steven M.
Black to Steven K. Black Homes, Inc.
hereby certifies that he is married and that there
in divorce pending or contemplated in any
,
AND the said Grantor(s) hereby covenant and agrse that they will
~arrant specially the property hereby conveyed.
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r. WrTKll1 WlIKlOr, .aid Grantor(.) have hereunto .et their hand(l)
and leal(.) the day and year firlt above written.
SIGNED, SEALED AND DELIVIRlD
DII'~M'I 0'--
sof:::= h, JJ J
Steven H. Black
(leal)
Steven H, Black Home., Inc.
....
BYI
~ II rI -IJ6
pres1dent
(leal)
COMMONWEALTH OF PENNSYLVANIA )
)1 SS.
COUNTY OF CUMBERLAND )
On this, the ~ day of ~....,--( , 1990, before
me, the undersigned officer, personally appeared Steven H. Black
known to me (or satisfactorily proven) to be the person(s) whose
name(.) are subscribed t.o the within instrument, and acknowl~~ged
that they executed the same for the purposes therein contain,~~: ";~"':;:""
IN WITNESS WHEREOF, 1 hereunto set my hand and ~f$~~~X~~{~:~~\. ,
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CIRTIrICATI or RESIDENCI
1 hereby certify that the precise residence and~~ A1
polt office addu.. of the within Grantee(s) is I.:JIS}I..' tUI'1'
, . ('~ I . /'7cl3
7/3 11180
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William A. Duncan
Susan J. Otto
Rachel L. Mensch
Duncan & Otto, P.C.
Attorneys at Law
One Irvine Row
Carlisle, Pennsylvania 17013
(717) 249.7780
FAX (717) 249.7800
July 5, 1995
Mr. and Mrs. George Zahorian, Sr,
300 Park Square
Clifton, NJ 07011
Dear Mr, and Mrs. Zahorian.
We write as attorneys representing Patricia J, Zahorian with regard to the premises
located at 1215 Hillside Drive, Carlisle,
Enclosed you will find the copy of a straw party agreement executed by yourselves
and Mrs. Zahorian, In that document you agreed to convey legal title to the principal, Mrs.
Zahorian, upon her direction,
Mrs. Zahorian is hereby requesting that you sign the enclosed deed, have it notarized
and returned to this office within ten (10) days. Failure to comply with this request will force
us to seek relief in the Courts here in Cumberland County. We would ask the Court to
compel performance of your promise and for counsel fees and court costs, You would be
ordered to appear in Court to account for your failure to keep your written promise.
Please give your immediate attention to this important matter.
Yours truly,
William A. Duncan
W ADllm
enc!.
U.I. rosTAL SlAVlce
CERTIFICATE OF MAILING
.Ift,
pos~'nc1
poatmlf1l;. Inqul,. of
PotlmQttr tor POlliO_
n.c.._ 'ram:
Duncan & Otto. P.C.
t Irvine Row
r.A~liA1Pt PA 17011
an. P<<II at 1Ndt'*Y meil mdretled to:
Mr. & Mrs. Zahorian
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300 Park Square
\:;. ;;.,' ,;
CH Fton. N.J 07011 ' .. I
MAY IE USED 'OR DOMESTIC AND INTERNATIONAL 'MA.1L. ~~OT '''OVID!
FOR INSURANCE - ~nM"ITJ;" . . /
PS 'O"M ~Cl'O...Ll9n;'750-8S1
MAY till Sl17
KLETT LIEBER ROONEY & SCHORLING
A PROFESSIONAL CORI'ORATION
240 NORnl T1HRD STREET. SUITE 600
IIARRISBURO. rENNSYLVANIA 17101,1101
TELErllONE C7171111.7700
Jute. S. Hcnth,lI
17I7! lII,7706
fACSIMIU cJll) m.nu
September 19, 1995
Lawrence E. Welker, Prothonotary
Office of the Prothonotary
CUMBERLAND COUNTY COURT OF COMMON PLEAS
One Courthouse Square
Carlisle, Pennsylvania 17013
Re: patricia J. Zahorian v, George Zahorian, Sr.
and Marv Zahorian. Docket No. 95-3873
Dear Mr. Welker:
On August 18, 1995, our office filed an Answer and New
Matter on behalf of Defendants in the above matter. At the time
of filing, we attached panafax copies of George Zahorian, Sr.,
and Mary Zahorian's verification. Please substitute the enclosed
original verifications for the panafax copies previously
submitted with the Answer and New Matter.
Thank you for your attention to this matter.
Respectfully submitted,
.,l,(~,'" .-r-. Ij:.c:ll/z.l~.\..
J les S. Henshell
T LIEBER ROONEY & SCHORLING
~ fessional Corporation
for KL
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Enclosures
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cc: William A. Duncan, Esquire
Mr. and Mrs. George Zahorian, Sr.
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PlTn8l/NJ1I OfFICE. 40T1l FlOOk. ONE OXfOl\DctN'n.E, mTSBUIlOH. PA nm64"I.U11.'.~. FACSIWIU fUn In.JU'
VERIFICATION
I, George Zahorian, Sr., do hereby verify that the
averments of the foregoing Answer and New Matter are true and
correct to my personal knowledge, information, and belief. I
understand that false statements herein are made subject to the
penalties of 18 Pa. e.s. g 4904, relating to unsworn
falsification to authorities.
By: /
oIP -
Dated: ~-/fr-?5
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VERIFICATION
I, Mary Zahorian, do hereby verify that the averments
of the foregoing Answer and New Matter are true and correct to my
personal knowledge, information, and belief. I understand that
false statements herein are made subject to the penalties of 18
Pa. C.S, 5 4904, relating to unsworn falsification to
Ruthorities.
By:
~~
Ma orian
Dated: ~ - /9'-9,5
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PATRICIA J. ZAHORIAN,
Plaintiff,
v.
GEORGE ZAHORIAN, SR. and
MARY ZAHORIAN,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3873 EQUITY TERM
CIVIL ACTION LAW - IN EQUITY
NOTICE TO PLEAD
To: PATRICIA J. ZAHORIAN and
WILLIAM A. DUNCAN, ESQUIRE
You are hereby notified to file a written response to
the enclosed New Matter within twenty (20) days from service
hereof or a judgment may be entered against you.
1126.1
o{,.(,i,(Q cf, /.ft:t~Qk(A.,<-
Jules S. Henshell
PATRICIA J. ZAHORIAN,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
GEORGE ZAHORIAN, SR. and
MARY ZAHORIAN,
NO. 95-3873 EQUITY TERM
Defendants.
CIVIL ACTION LAW - IN EQUITY
ANSWER AND NEW MATTER
AND NOW come Defendants by and through their attorneys,
Klett Lieber Rooney & Schorling, P.C., and respond to the
averments of the Complaint in this matter, as follows:
1. Admitted.
2. Admitted. By way of further response, Defendants
are related to Plaintiff by virtue of Plaintiff's marriage to
their son, George T. Zahorian, III.
3. Admitted. By way of further response, the writing
attached to the Complaint as "Exhibit A" was entered into by
Defendants in connection with the alleged straw party transaction
as part of a scheme by Plaintiff to shield the purchase of 1215
Hillsdale Drive ("the Property") from creditors of Plaintiff and
]126.1
. ,
Plaintiff's husband, as well as to avoid consideration of the
Property as an available =esource for payment and basis for
calculation of fines to the federal government. In this regard,
and contrary to the express language upon which Plaintiff relies
in "Exhibit 4" of the Complaint, Plaintiff represented to the
u.s. Probation Office for the Middle District of Pennsylvania
that (a) Defendants were the owners of the Property; and (b)
Plaintiff was obligated to pay Defendants $3,400.00 per month in
rent. Defendants further assert that the execution of "Exhibit
A" was made with the express understanding and agreement of the
parties that the Property would be used by Plaintiff and
Defendants' grandchildren during the incarceration of George T.
Zahorian, III, and thereafter would be deeded to both Plaintiff
and George T. Zahorian, III, for use as the marital and family
residence of patricia J. Zahorian and George T. Zahorian, III,
4. Denied as stated. As a writing, the document
attached as "Exhibit A" to Plaintiff's Complaint speaks for
itself . To the extent that the allegations set forth in
Paragraph 4 are deemed to assert or imply the validity of
Plaintiff's claim that Defendants acted as her "agents" alone in
connection with the purchase of the Property, they are expressly
denied and strict proof thereof demanded at trial,
5.
Admi tted.
3126.1
-2-
6. Denied as stated. As a writing, the document
attached as "Exhibit A" to the Complaint speaks for itself, By
way of further response, the document attached as "Exhibit A" to
the Complaint does not contain the entirety of the agreement
among the Parties with respect to the purchase of the Property.
Defendants incorporate herein their responses to Paragraphs 3 and
4 above.
7. Admitted,
8. Paragraph 8 states conclusions of law to which no
responses are required. Accordingly, they are denied. To the
extent that the allegations of Paragraph 8 are deemed to be
factual in nature, they are specifically denied. Defendants,
pursuant to the agreement of the Parties, have been and continue
to be willing to convey title to the Property to Patricia and
George T. Zahorian, III, jointly as tenants by the entireties of
the Property; a status which Plaintiff has asserted and verified
in pleadings to this Court. See "Exhibit A," petition for
Interim Exclusive Possession of Marital Residence Pursuant to Pa.
C.S.A. ~ 3502(c), No. 95-1817 civil Term, patricia J. Zahorian v.
Georae T. Zahorian, III.
]126.1
-3-
I
9. Paragraph 9 states a conclusion of law to which no
response is required. Accordingly, it is denied. By way of
further response, Plaintiff has identified no facts to support a
conclusion of irreparable harm to Plaintiff or indeed any harm,
let alone that which could not be compensated by money damages.
Plaintiff has alleged no conduct by the Defendants which is
contrary to the interest in the Property which she has asserted
and verified to this Court as described in Defendants' response
to Paragraph 8.
10. Paragraph 10 states a conclusion of law to which no
response is required. Accordingly, it is denied.
NEW MATTER
11. Plaintiff and Defendants entered into the "straw
party agreement" attached to Plaintiff's Complaint as "Exhibit A"
in order to implement part of an oral agreement of the Parties
that the Property would be used by Plaintiff and Defendants'
grandchildren during the incarceration of George T. Zahorian,
III, and thereafter would be deeded to both Plaintiff and
George T. Zahorian, III.
12. The "straw party agreement" was never recorded by
Plaintiff.
]126,1
-4-
13. At all times relevant to the Complaint and prior to
Plaintiff's demand in June 1995, Plaintiff sought to shield the
purchase of the Property from creditors of Plaintiff and her
husband.
14. At all times relevant to the Complaint in this
matter including, inter alia, the period of time immediately
preceding the purchase of the Property through sentencing of the
Plaintiff's husband in January 1992 by the u.s. District Court
for the Middle District of Pennsylvania, Plaintiff sought to
avoid consideration of the Property as an available resource for
payment and basis for calculation of fines imposed or to be
imposed by the u.s. District Court for the Middle District of
Pennsylvania at Docket No. 1:CR:91-023,
15. Upon information and belief, Defendants reasonably
believe and therefore aver that at the time of the purchase of
the Property, Plaintiff decided not to file the "straw party
agreement," in furtherance of Plaintiff's scheme to shield the
purchase of the Property from creditors of plaintiff and her
husband and to avoid consideration of the Property as an
1726.1
-5-
, . "
available resource for payment and basis for calculating fines
imposed or to be imposed by the U.S. District Court for the
Middle District of Pennsylvania at Docket No. 1:CR:91-023,
"
16. During the summer of 1991, Plaintiff represented to
the United States probation Officer for the u.s. District Court
for the Middle District of Pennsylvania that Defendants owned the
Property and were leasing the same to Plaintiff at an expense of
$3,400.00 per month.
]126.1
-6-
PIRST APPIRMATIVE DEPENSE
Plaintiff's claims are barred by the equitable doctrine
of unclean hands.
SECOND APPIRMATIVE DEPENSE
Plaintiff's claims are not cognizable under the doctrine
of ngmQ ~ oroorio QQlQ consecuitur actionem (no one acquires a
right of action from his own fraud) which as a matter of public
policy precludes invoking the authority and jurisdiction of a
Court to enforce an agreement in furtherance of an unlawful act.
WHEREFORE, Defendants respectfully request that this
Court dismiss with prejudice Plaintiff's Complaint and award
Defendants reasonable attorneys' fees.
Respectfully submitted,
KLETT LIEBER ROONEY & SCHORLING
A Professional Corporation
-I' '
/~ H~h~~~C
:' PA ID No. 27749
( Paula G. Sanders, Esquire
- PA ID No. 52659
240 North Third Street, Suite 600
Harrisburg, PA 17101-1503
(717) 231-7706
Counsel for Defendants
Dated:
August 18, 1995
)126.1
-7-
FROM 'HAIL. BO>CEB BTe N2BeII
201-777-0434
1996.08-18
07'07 "104 P.02/03
VERIPJ:CA'l'J:OIi'
I, George Zahorian, Sr., do hereby verify that the
I.verments of the foregoing Answer and New Matter are true and
correct to lIlY' personal knowledge, information, and belief. r
understand that false statements herein are made subject to the
peD81~ie8 of 1B Pa. C.S. g 4904"relating to unsworn
falsification to authorities.
By:
..,
Dated: 8"/'6'''' C;S-
J'72I.1
FRa1 1111'1'1. DOXE& ETC N260a
21>1-'1'77-0434
1900. 08-1B
07'07 N104 P.03,03
VBRIPlCA'l'ION
By: A-~~1{" ~a.l,.,.-<<<;' -
MaWZ~
X, Mary Zahorian, do heraby verify that the averments
ot the foregoing AnBwar and. New Matter are true and. ClOrx-ect to lIlY
personal knowledge, information, and. belief. I understand. that
talse statements herein are made subject to the penalties of 18
Pa. C.B. S 4904, relating to unsworn falsification to
authorities.
Dated: 't.../ t'j'..l:fS
UU.l
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EXHIBIT A
'j,;-.("',~1~
,
PATRICIA 1. ZAIIOIUAN,
Plninli ff/Petitll1llel
IN TilE COURT OF COMMON PLEAS
CUMI3ERLAND COUNTY,l'lrNNSYLVANIA
Y.
; NO, 95.1 S 17 CIVIL TERM
GEORGE T. ZAIIORIAN,IlJ,
De[endnntlRe~pnntlent
CIVIL TERM - LA W
IN DIVORCE
flITDJON FQlUl'iIEflIM l'd(Q",USIVE l'OSSgSSION
OF MARITAL HESlDENCE PlJlUiUANTTO l'A.C.S.A.~3S02(ct
AND NOW, this _ day o[
, 1995, Petitioner, Pnlricia J.
Zuhorian, by Dnd throllgh her nllorney, Matia 1', Cognelli, Esquire,liles the within Petition for
Interim Exclusive I'llssessiulI of Madlnl Rcsitlenre, alld ill support thereof livers as follows:
1. Petitioner is Patridn J. lahar ion, Plaintiff in the above captioned divorce action who
re~ides at 1215 Hillside Drive. Carlisle, Cumberland Count~', Pennsylvania, inlhe "marital
home".
2. Respondent il\ George T, Znhorian, 111, Defendant, ill the abo\'l captioned divorce
action who resides 01 1215 Hillside Drive, CUlllbel'land County, Pennsylvanin,
3. The Petitioner nnd Respondent were married on Ju~y 3, 1976 in John~town,
l'enns:,oJvallia, and ale Ihe Imllllnl parents oflhe lCllIll\\'illg minor childten: Natashu Zuhorian,
bom Seplember 2, 1977; Vnne~sa Zaholian. born April 12, 1979; Cluislina Znholinn, born IvhlY
16,1981; nnd, Oubrielln Zllhllrinn, bom June 26.1987,
4. Pelitioner !iled a Cl'rnplnint ill Divorce 011 April 1 0, J 995,
.'
5. The pnrlic5 ale o\\nCIS liS ICfIlmls by Ihc entirelies or rcnl prupcrly loented ul 1215
..'
.........---..--.............---..-
Hillsille Dlive, Callisle, Cultlverl~lIl1 Cuullly,l.'eI1ll5ylvalli.l, IVhi~h has vecnlhe lIIalitalll!sillt!lIce '
oflhe pnlties since July, 1990.
6. Pursuflnt 10 a StlaW I'arly Agreement signed lhe 3rd day of July, 1990, lhe marital
residence i9 currenlly being held ill "Shaw" hy GeOlge Zahorian, SI'" and Mary ZHhorian, his
wife, ngents namcd Inlhat agre':lIIenl.
7, Section 3502(c) of the Dil'OIcc Cude statc5 that with rcgartlto thc l:quilable,divisi(1n of
the lalllily hUllle, "lhe cUUlIIII,')' :1'",,"1. dUlIlIlI tkpcmlcnc)' llf th..: w.:tiun or othel\\'lse, 10 one or
bOlh of the parties the right to reside in the marilul residence."
8. Section 3323(1) of the Divorce Code states that:
"In all malrhnonial causes, the court shall have full equity power and jurisdiction and
mny issue injunclions or other ordcrs which me necessal)' to protect the interests of the
parties or to effecl\Jate the purposes of this part and mny grant such olher relief or remedy
as equity in justice requhed ngainst either party or againsl any third perSOIl over whom
the court hns jurisdiction und who is involved in or concerned with the disposition of the
cnuse."
9. Pctitioner has no adequate remedy at law.
10. l'etitioner believes nnd, Ihcrcfure uvelS, thnt gratiting Petitioner the exclusive right to
reside in the: marliul residence \\ilh the patty's children will crteeluute the purpose ofthc Divorc~
Code ns set (orth in ~3102(a). :ncludinglhe gOlll ofmitignting the harm 10 the spouses and their
children which is bcing clIused b)' Ihe legal di~solutiol1 of the marriage.
II. Unless Peritioner and lhe pmtics' minor children are permitled interim exclusive
possession of the m1I1ital1:')mc. lhe menlllll1nd emotional health and welfare (lfPetitloner and the
children will he complomised.
12. Petitioner has been Ihe primor)' cnletokel' and nUlturer of the parties' children from
the time of their birth to the present.
13, An award ofiutcrilll exclu~ive pusscS5jOU of the marital home will u\'oid uprooting
the parties' children from not nuly the lIlurilnl hOIIlC. LillI also the social and community setting in
which they were thriving, ~ ,
1'1, Respondent has ellgagcd ilia course uf wlOugful conduct which hns resulted in
making the conditions uuder which Pelitioner and the pUI1ies' children are living both intolerable
and unconscionable, Illustrations of such couduct are the following:
a. Respondent insists on accusing Petitioner of having an affair with a gentleman
by the name of "1.once";
b, Respondent has discussed this alleged "affair" with Petitioner in front of the
children,
e, In Mny of 1995, Respondent licked Petitioner's glasses;
d. In Jnne of 1995, Petitioner found a phone inlhe basement with a call screening
device attRched to ilnnd believes Respollllcnl is monitoring lind/or taping the calls that
are incoming and outgoing atlhe hOllse;
e, During the pnny's lIlJlri:lgc, Rcspondent has mlmilled to engaging in adultery;
r. Respomlenl hilS engaged in i\ COlllse of unlnwful conduct which has resulted in
making lhe conditions IInder which I'clilklller ltnd the part)"s children arc living both
,.....
intolerable DmllJllnlcnSOlil':; "lid, Re:;p(lnd~nl's nforesail! CUlHllld has hnl! nil mlvcrse
effect 011 the Petitioner and the pru ty's chillh en,
15, The porty'! children Nat[l~hn, Christin3 nntl O:lbrinlla clIltnnlll' attend &uhoo1 in
Carlisle and Petitioner avers Ih3t it is inlhe best inlclcst of Ihcsc minor children to continue to
rcside II; the mnrital home, in an environment with which thc)' arc familiar and in schools which
they have attended for years,
- .
I G, Petiti'JMr bdi~ves ~n(l thrlrfnr/' ~vrr~ IhM II", ~IAhilily nf the rArlill~' r.hilrlrp.n wnlllrl
best bo ~orvod by granting l'etilioll~I'Slequest for the .:xdusivc right to rcsit.\o: in the marital
residence with said children.
17. Petitioner believes alld thelerOI~ avers thut the aims of the Divorce Code would best
.. be served by awarding the Petitiuner the right to live wilh the parties' children without intrusion
by Respondent.
WHEREFORE, Petitiuner. PUlricin J. Znharilln, respectfully reque3t3thi3 Honornble
CUUIl UlUllt hel IIUd the pwtic~' child\clI intednl exclusive pos~ession of the IlIndtnl home ulltil
the conclusion of the divorce proceedings,
Doted: Jul~' J!:L, 1995
R:/.'CCtflillY S\i'~~
A'~iU:t:l /~?'7<iI{i:,_
Mnrin 1'. CO~~-tquire
Sup, Ct. J.D. /127914
132-134 Wnlnul Street
l' .0. Dox GS9
Htllri~bllrl'l. 1'/\ 17108,0689
(717) 232-2103
+ " . . . - ~ ~ . - . . - . ~ . ~ - - . - - .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
GO'd 1''<101
"
VJ~1ilEU::AJJ..Qtl
I, PATIUCIA J. ZAIIOR1AN, heleb)' verify nnd slale thallhe facts sel forlh in the
foregoing documcnlme lrue nnd corrccllo lhe be~l ofm:; informalion, knowledge and
belief. I undersland thol folse slntements herein arc mnde subject to the penalties of 1 S
Pa. C.S.A. g4904 relating tu unsworn verificntion 10 nuthorities.
.. .
() . .-,
~~..:"" C\ z1Li,'(":n,,
P A TIUCI,,'TZAi1oIUAN
DATE: 7/ao/l)j;
CERTIPICATE OF SERVICE
I, Jules S, Henshell, certify that a copy of the
foregoing Answer and New Matter was served this 18th day of
August, 1995 by first class mail upon the following counsel:
William A. Duncan, Esquire
DUNCAN & OTTO, P.C.
One Irvine Row
Carlisle, Pennsylvania 17013
Dated:
August 18, 1995
3126.1
-10-
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v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95-3873 EQUITY TERM
PATRICIA J. ZAHORIAN,
plaintiff,
GEORGE ZAHORIAN, SR. and
MARY ZAHORIAN,
Defendants
CIVIL ACTION LAW - IN EQUITY
REPLY TO NEW MATTER
11, Admitted in part as to the straw party agreement
provision which permits plaintiff to occupy the premises and
denied as to any agreement oral or otherwise regarding a
subsequent conveyance to plaintiff and George T. Zahorian, III.
12. Admitted.
13. Denied that plaintiff sought to shield the purchase of
the property from creditors of plaintiff and her husband. Any
such activity was initiated and promulgated by George T.
Zahorian, III.
Low OffiC('M
Duncon & Ollo,I',C, resource for payment and basis for calculation of fines were made
14. Denied that plaintiff sought to avoid consideration of
the property as an available resource for payment and basis for
calculation of fines imposed or to be imposed by the U.S.
District Court for the Middle District of Pennsylvania at Docket
No. 1:CR:91-023. plaintiff asserts that any representations made
regarding the consideration of the property as an available
by George T. Zahorian, III as part of the sentencing procedure
and investigation conducted by the government as a result of his
conviction for various crimes and not by her.
15. Denied that Plaintiff's decision not to file the
"straw party agreement" was motivated by a scheme on the part of
Plaintiff to shield the purchase of the property from creditors
of Plaintiff and her husband and to avoid consideration of the
Property as an available resource for payment and basis for
calculating fines imposed or to be imposed by the U.S. District
Court for the Middle District of Pennsylvania at Docket No.
1:CR:91-023.
16. Denied that Plaintiff represented to the United States
Probation Officer anything other than the arrangement specified
in the straw party agreement attached to her Complaint in this
matter.
Any representations to the contrary may have been made
by George Zahorian III in connection with his criminal cases.
Plaintiff's Reolv to First Affirmative Defense
J.nw orne..
Dunenn & Olin, ..,C.
Defendant's assertion that Plaintiff's claims are barred by
the equitable doctrine of unclean hands is a conclusion of law
which can only be determined by this Court.
Law omel'.
Dunenn & oUo. P.C,
Plaintiff's Reolv to Second Affirmative Defense
Defendant's assertion that Plaintiff's claims are not
cognizable under the doctrine of nemo ex oroorio dolo conseauitur
actionem (no one acquires a right of action from his own fraud)
is a conclusion of law which can only be determined by this
Court.
WHEREFORE, Plaintiff restates her claim for relief as set
forth in her Complaint and asks the Court to dismiss any claim
set forth by the Defendants for relief or for attorneys' fees.
Respectfully submitted,
DUNCAN & OTTO, P.C.
~C:Q.(,..-,,-
illiam A. Duncan, Esquire
Attorney for Plaintiff
1 Irvine Row
Carlisle, PA 17013
(717) 249-7780
I,D.#22080
f; .'
VERIFICATION
I, Patricia J. Zahorian, hereby verify that tha facts set forth
in the foregoing Reply to New Matter are true and correct to the best
of my knowledge. information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904 relating to unaworn falsification to authorities.
f)Ll!<~(~ l~. ~'In.\
Patricia J. Z~rian '
Dated: September 1 . 1995
Law om'.R
Duneon & Otto, P.C.
William A. Duncan, Esquire
CERTIFICATE OF SERVICE
I, William A. Duncan, certify that a copy of the foregoing
Reply to New Matter was served this 7th day of September, 1995 by
first class mail upon the following counsel:
Jules S. Henshell, Esquire
240 North Third Street, Suite 600
Harrisburg, PA 17101-1503
Dated: September 7, 1995
Lnw om...
Duneon & Otto, P.c,
PATRICIA J. ZAHORIAN.
.------------.-.-.----.-.----------.-.-.-.----
In lite Coun 01 Cammon Plas 01
Cuwbc.riaad ColIDcr, Pawyh...u..
.---.----------______RJ~~n~if'_______._______
VI.
NI'. 9!_:~~~~______.____________ C!viL
19______
GEORGE ZAHORIAN. SR. and
--------------...-----------------------------
.__~SlU_t!r_!~~______._______________________
MARY ZAHORIAN.
----.------------------------.-.----.---------
------....---.-.. ...--..---------.-.----------
Defendants
-----.-------------------------.------------------.----------------------------------------------
PLEASE MARK THIS MATTER SETTLED AND DISCONTINUED WITH PREJUDICE AGAINST THE PLAINTIFF.
.--------------------------------------------------------..--------------------------------------
.-------------------------------.---------.-------.-----.-.---.----------.--------------------
~------_.._--------------_.._---------------------------_._._-----------------------------------
.---------------------.--------.-----------.---------------.--------.------.---------------------
--------------------~---_._-----------~------_._---._-------_._---------._-._-~._-------.-
~-----_._----------------._.------------------------_.---_._-------_.~_.._--_.__._-------~-.-----
To ___~~-----------------
-- is:________
Prochol\Otaty
C[b
19.____
\
,
"
William A. Duncan
,,~
Actomey lor Plailuilf.
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No. ______..__________ Tem. 19___..__
---------------------------------------
YI.
---------------------------------------
PRAECIPE
)rUed ___________________________ 19______
________________________________._. .~cty.
--..--------------------.----------------
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