Free Letter - District Court of Delaware - Delaware

Case 1:07-cv-00066—GI\/IS Document 9 Filed 04/16/2007 Page 1 of 2
Moms james
John H. Newcomer, Jr.
302.888.6975
[email protected]
April 16, 2007
The Honorable Gregory M. Sleet
‘ United States District Court
844 North King Street
Lock Box 19
Wilmington, DE 19801
Re: Snyder v. GPM2, LLC i
C.A. No. 07-00066 GMS
Dear Judge Sleet:
I represent two defendants in the above matter, Christy Management, LLC and The
Felton Bank, each of which filed a motion to dismiss for, among other things, lack of subject
matter jurisdiction (the "Motions"). The Opening Brief in support of the Motions was filed on
March 29, 2007.
In today’s mail, I received the plaintiffs "Opposition to Motion(s) to Dismiss, Amended
Complaint, Request for Hearing" (the "Response"), a copy of which is attached hereto as Exhibit
A. The Response does not address any of the arguments raised in the Opening Brief filed in
support of the Motions. Nor does it correct the deficiencies found in the original complaint.
Accordingly, the defendants waive the filing of a Reply Brief.
With briefing now complete, we would respectfully request that Your Honor schedule
this matter for oral argument at the Court’s earliest convenience, to the extent that oral argument
is even warranted. Although plaintiff has requested a hearing on the Motions, he asserts no legal
basis for opposing the Motions. As the Court’s records reflect, this plaintiff has a history of
filing Bivolous suits.
Plaintiffs current suit is creating a cloud on the title to the property now owned by
Christy Management, LLC. With a sale of that property now pending, my client has a sense of
urgency in resolving this matter.
Should Your Honor have any questions, I am available at the convenience of the Court.
Resgztfully,
hn H. Newcomer, Jr.
JHN/jn
500 Delaware Avenue, Suite 1500 | Wilmington, DE 19801-1494 T302.888.68OO F302.571.1750
Mailing Address P.O. Box 2306 | Wilmington, DE 19899-2306 www.morrisjames.com

Case 1:07-cv-OOO66—GI\/IS Document 9 Filed O4/16/2007 Page 2 of 2
The Honorable Gregory M. Sleet LLP
April 16, 2007
Page 2 of 2
cc: BY E-FILING
Clerk of the Court
BY FIRST CLASS MAIL .
Richard Snyder
James P. Connor, Jr.
Bonnie Benson
Sergovic & Ellis, PA
Christy Management, LLC

Case 1 :07-cv—00066-GIVIS Document 9-2 Filed 04/16/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Richard Snyder * CA-07-00066 GMS
Plaintiff *
v.
GPM2 et al.
Defendants *
OPPOSITION TO MOTION(S) TO DISMISS
AMENDED COMPLAINT
REQUEST FOR HEARING
1. This complaint involves a frustrated contract to purchase real property.
2. The seller (GPM2) agreed to certain terms and conditions which were
breached byit. V ° ' ‘ I I if I
3. Seller subsequently sold the propertyito its’ tenantL(now doing business as
Christy Management, a defendant). The lender (also a defendant), Felton Bank
as well as the other defendants were at all times aware of plaintiffs equitable
interest in the property.
4. A title search by the "unknown title company" (also a defendant) failed to note
the filing of a copy of the contract in the real property records of Sussex County,
Delaware. This title company is now identified as First American Title and is
represented by counsel also representing Christy Management and Felton Bank:
J. Newcomer, Jr.
5. Buyer had always been ready, willing, andiable to purchase the property.
including at the present time, and at the contract price today.

Case 1:07-cv—00066-G|\/IS Document 9-2 Filed 04/16/2007 Page 2 of 2
(2)
6. Plaintiff seeks damages to be determined at trial or in the alternative, specific
performance.
7. Plaintiff has lost the benefit of the bargain, as well as significant tax
consequences of which the sellers were aware at the time of the agreement.
8. In amending the complaint, plaintiff desires to change the name of "unknown
U title company" to that of First American Title Company and to delete the name of
Sergiovic & Ellis as defendant(s).
9. Plaintiff requests a trial on the merits. As well as a hearing on the Motion to
Dismiss.
IL Richar T/1 A
P.O. Box 374
Davidsonville, MD 21035 mail address
Certification of Service
Copies of this pleading have been sent by first-class postage to GPM2, 7443 Lee
Davis Highway #301, Mechanicsville, VA 23111
Christy Management LLC, First American Title, and Felton Bank c/o
John Newcomer, Jr. 500Delaware Ave #1500, Wilmington, DE 19801
James P Connor, Jr. at his address of record filed with the Sussex County V
Land records with respect to this transaction:l8977 Munchy Branch Rd.
Rehoboth, DE 19971
Bonnie Benson, Pa 34385-B Carpenter’s Way, Lewes, DE 19958
Seriovic & Ellis, PA 9 N. Fr eo age wn, DE 19947
Rich