Gullone v. Credus

54 Pa. D. & C.2d 29, 1971 Pa. Dist. & Cnty. Dec. LEXIS 136
CourtPennsylvania Court of Common Pleas, Monroe County
DecidedSeptember 27, 1971
Docketno. 740
StatusPublished

This text of 54 Pa. D. & C.2d 29 (Gullone v. Credus) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Monroe County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gullone v. Credus, 54 Pa. D. & C.2d 29, 1971 Pa. Dist. & Cnty. Dec. LEXIS 136 (Pa. Super. Ct. 1971).

Opinion

WILLIAMS, P. J.,

On October 2, 1968, plaintiffs, Samuel F. Gullone and his wife, Margaret Gullone, filed a complaint in equity against defendant, Mary K. Credus, seeking the specific performance of an agreement of sale, executed on July 11, 1968, by the husband-plaintiff in behalf of himself and the wife-plaintiff, and by defendant, whereby defendant undertook to sell her house and lots, located at Blakeslee, Tobyhanna Township, Monroe County, Pa., to the husband-plaintiff for $15,000 cash, with settlement on or before September 19, 1968. An answer with new matter and a reply to the new matter were filed. On the basis of the pleadings, together with the testimony and evidence presented by the parties before the court at a hearing held on July 28, 1970, the following findings of fact may be made:

FINDINGS OF FACT

1. Plaintiffs are Samuel F. Gullone, also known as Sammy F. Gullone, and his wife, Margaret Gullone, who reside at 750 Hermit Lane, Philadelphia, Pa. Mr. Gullone is a roofing contractor.

2. Defendant, Mary K. Credus, resides at Blakeslee, Tobyhanna Township, Monroe County, Pa.

3. Defendant was born in Poland on March 10, 1890, and was 78 years of age at the time when this action was commenced.

4. Defendant came to this country in 1906 or 1907 when she was 16 or 17 years old.

5. Defendant has had no formal education, either in Poland or in this country. She can speak and understand the English language, as demonstrated by her testimony in court, but her ability to read and write is limited.

6. Defendant is the widow of John F. Credus, who died on October 17,1955.

[31]*317. On the death of John F. Credus, defendant became owner as surviving tenant by entireties of the lot or piece of land, situate in Tobyhanna Township, Monroe County, Pa., described as follows:

“No. 1. BEGINNING at a point in the middle of the Wilkes-Barre and Easton Turnpike, from which an iron pin in the middle of the lane leading to the barn bears South sixty-two and one-quarter degrees West distant twenty feet: THENCE along land of Elizabeth Riechers, of which this lot was formerly a part, South sixty-two and one-quarter degrees West one hundred forty-two and one-half feet to an iron pin; thence by the same South twenty-five and three-quarters degrees East sixty-three feet to an iron pin from which the southwest comer of the house is forty-five feet distant and the northeast corner of the garage, fourteen and eight-tenths feet distant; thence by the same South sixty-three degrees West ninety-six and three-quarters feet to a post; thence by the same, North sixty-two and one-half degrees East two hundred forty-five feet to a point in the middle of the above mentioned turnpike; thence along the middle of said turnpike along lands of Frank Blakeslee, North thirty degrees West one hundred ninety-four feet to the place of BEGINNING.

“EXCEPTING AND RESERVING all that lot or piece of land that Elizabeth S. Riechers by deed dated July 24, 1933, and recorded in Deed Book Vol. 118, Page 430, granted and conveyed unto John Minetola et ux.

“BEING the same premises that Elizabeth S. Riechers, widow, by deed dated December 7, 1949, and recorded in the Office for Recording of Deeds, in and for the County of Monroe at Stroudsburg, Pennsylvania, in Deed Book Vol. 174, Page 62, granted and conveyed unto John F. Credus and Mary K. Credus, [32]*32his wife; and the said John F. Credus died on the 17th day of October, 1955, whereupon said premises vested in Mary K. Credus as surviving tenant by the entireties.”

8. By deed dated June 6, 1961, but not recorded until August 20, 1968, defendant acquired a second lot, adjacent to the first and situate likewise in Tobyhanna Township, described as follows:

“No. 2. BEGINNING at an iron pipe on the southerly side of a proposed street, designated as Reichers Avenue, being the northwesterly corner of other lands of Grantee hereof: THENCE along other lands of the grantee hereof, South twenty-four degrees fifty-five minutes twenty seconds East sixty-three and six one-hundredths feet to a point; thence by the same, South sixty-one degrees forty-two minutes fifty seconds West ninety-six and seventy-eight one-hundredths feet to a stake; thence by other lands of the Grantor hereof, of which this lot was formerly a part, North twenty-nine degrees thirty minutes twenty seconds West sixty-four and nineteen one-hundredths feet to an iron pipe on the southerly side of said Reicher Avenue, North sixty-two degrees twenty-six minutes East ninety-seven and sixty-three one-hundredths feet to the place of BEGINNING. CONTAINING 0.14 Acres more or less.

“BEING the same premises that Megargefs Golf, Inc., by deed dated June 6, 1961, and recorded August 20, 1968, in the aforesaid Office in Deed Book Vol. 363, Page 853, granted and conveyed unto Mary K. Credus, in fee.”

9. Somewhat less than a year prior to July 1968, without engaging anyone to sell the property for her, defendant caused a sign to be posted in front of her residence which read: “For Sale.”

10. Plaintiff, Samuel F. Gullone, had driven past [33]*33defendant’s property and observed the sign on several occasions. Late in June, two or three weeks prior to July 11, 1968, when he was alone, plaintiff stopped there to address to defendant his inquiries concerning the possible sale of the property.

11. Defendant told plaintiff that she wanted to sell the property, that she had been asking $20,000, but that she would accept $15,000 “cash.”

12. Plaintiff told defendant that he would return in a couple of weeks with a real estate man to make an agreement of sale.

13. On July 11, 1968, plaintiff, Samuel F. Gullone, returned to defendant’s residence, accompanied by Joseph L. Messa, a Philadelphia real estate broker who brought with him a portable typewriter and a supply of printed forms of agreement of sale.

14. After introductions, defendant took Mr. Gullone and Mr. Messa all through her property.

15. Mr. Messa inquired of defendant, “Who represents you?”, to which she replied, “I represent myself, I don’t need anybody.”

16. For the negotiations which followed, plaintiff, Mr. Messa, defendant, and a roomer of defendant’s named Darryl Megargel, sat around a table in the kitchen.

17. At Mr. Messa’s request, defendant produced her two title deeds to the premises described in findings nos. 7 and 8, supra.

18. When Mr. Messa called defendant’s attention to the fact that the deed from Megargel’s Golf, Inc., had not been recorded, defendant expressed her desire that he should have this done.

19. Plaintiff offered $12,000 for defendant’s property, but acceded to her demand of $15,000 clear, with no commissions to be paid.

[34]*3420. Mr. Messa then typed appropriate provisions in the spaces of the printed form of agreement of sale.

21. Therein, Mary K. Credus, widow of John F. Credus, agreed to sell to Sammy F. Gullone and Margaret Gullone, his wife, who agreed to purchase premises “2Vz sty. frame one family situated on South side of Rt. 115 leading from Blakeslee to Effort, Tobyhanna Twp., Monroe County, Penna. . . .

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Cite This Page — Counsel Stack

Bluebook (online)
54 Pa. D. & C.2d 29, 1971 Pa. Dist. & Cnty. Dec. LEXIS 136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gullone-v-credus-pactcomplmonroe-1971.