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HomeMy WebLinkAbout00-03381 .,;; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2000-33~/ ~ Civil Action - (X) law ( ) Equity WilLIAM F. ROTHMAN, CHARLES F. SCHUBERT and SAMUEL L. REED t/d/b/a ROTHMAN, SCHUBERT & REED: REALTORS, PROFIT SHARING PLAN 308 East Penn Drive Enola, PA 17025 DAVID R. BOBB, SANDRA L. BOBB and CHRISTOPHER BARCLAY II:.~ Nod"" ?he.QSctn+ ~\.1Vl DR. C"'O'....h..\e .p-A \70\3 versus Plaintiff(s) & Address(es) PRAECIPE FOR WRIT.OF SUMMONS Defendant( s) & Address(es) TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above. captioned action. j1\f ~ Writ of Summons shall be issued and forwarded to 09 Attorney ~ Sheriff ~b Signat re 0 A rn Michael J. Pykosh, Esquire P.O. Box 368 3805 Market Street Camp Hill, PA 17001 (717) 975-9446 Name/ Address/Telephone No. of Attorney Supreme Court ID No. 58851 Date: June 1. 2000 WRIT OF SUMMONS TO THE ABOVE - NAMED DEFENDANT(S): DAV.ID R. BOBB, SANDRA l. BOBB and CHRISTOPHER BARCLAY YOU ARE NOTtFIED THAT THE ABOVE - NAMED PlAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Date: Gt.('\e J Ja:x) Is/t~ 1{7 . prot'1flary by. h'N.../1r7- ~ QI1 -~ .-'~ ~.~tJt~"'- "L~ "ilDlil~ja.Jlid~I:,"f~m_~~Jml!~~~J'-JiMl'!i ~ j;~,Gj ..,"'" ~ nii I I ~ .~ ~ ~ ~, 0 ~~ 0 0 "nCIJ '- -r, ~ ~'''" c:: ---i ~t. :;e; "'r- z.J.J :0:::;,,_ ~~ C/) 1;::' I _..~ ~ ;:s~ 1\,) {J!? <- s:::CJ ()- ~\ "'" --<-il..J W ~ ~o ::;c );;. --'~i ::;:;0 .,.....,.J-r--i ~ - ~O c: -. Jv ~ -. Ofr1 ~ ~. - ~ 01:"' -< . 1-,- _< , " '", __"'~b' - _.'.-, ~" "l( WILLIAM F. ROTHMAN, CHARLES F. : IN THE COURT OF COMMON PLEAS SCHUBERT, and SAMUEL L. REED Vb/d/a : CUMBERLAND COUNTY, ROTHMAN, SCHUBERT and REED : PENNSYLVANIA REALTORS PROFIT SHARING PLAN, Plaintiffs v. : NO. 2000-3381 : ACTION IN QUIET TITLE DAVID R. BOBB, SANDRA L. BOBB, and CHRISTOPHER A. BARCLAY, 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 this complaint and notice have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the Defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgment for any money claimed in the complaint or for another claim required by the Plaintiff may be entered against you in Court without further notice. You may lose money, property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 " , ~ . L ,':--' ", ~-'";" - -;. ,,~- "-; NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demand as expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones alas demandas en contra de su persona. Sea avisdao que si usted no se defiende, la corte tomara medidas y puede entrar una orde contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIAMENTE. SI NO TIENNE ABOGAD 0 SI NO TlENNE EL DINERO SUFlCIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONE A LA OFlCINA CUYA PUEDA CONSEGUIR ASSISTENCIA LEGAL: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 ~... (717) 249.3166 Date: 7/ -.3 /00 I I Michael J. P os, Esquire Attorney I.D. 58851 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975.9446 __..C_~. "" .1".-- , ' ~" <_ "n" ',', -'" WILLIAM f. ROTHMAN, CHARLES f. : IN THE COURT Of COMMON PLEAS SCHUBERT, and SAMUEL L. REED Vbldlll : CUMBERLAND COUNTY, ROTHMAN, SCHUBERT and REED : PENNSYLVANIA REALTORS PROfiT SHARING PLAN, Plaintiffs Y. : NO. 2000-3381 : ACTION IN QUIET TITLE DAVID R. BOBB, SANDRA L. BOBB, and CHRISTOPHER A. BARCLAY, Defendants COMPLAINT AND NOW comes Plaintiffs, Rothman. Schubert & Reed Realtors Profit Sharing Plan, by and through their attorney, The Law Office of Darrell C. Dethlefs, in support of its Complaint, avers as follows; 1. Plaintiffs, William F. Rothman, Charles F. Schubert and Samuel L. Reed t/d/b/a Rothman, Schubert & Reed Realtors Profit Sharing Plan, have a business located at 308 East Penn Drive, Enola, Pennsylvania, 17025. 2. Defendants, David R. Bobb, Sandra L. Bobb and Christopher A. Barclay, are adult individuals residing at 1614 Green Street, Harrisburg, Pennsylvania, 17102. 3. Plaintiffs, Rothman, Schubert & Reed Realtors Profit Sharing Plan, obtained equitable interest in the premises located at 1133 North Pheasant Drive, Carlisle, Pennsylvania, 17013, Parcel No. 29-17-1583.063 by the Agreement dated August 31, 1988 and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at miscellaneous Book 354, Page 663. 4. Plaintiffs and Defendants entered into an Installment Agreement of Sale dated November 13, 1988, recorded in the Recorder of Deeds Office for Cumberland County at Miscellaneous Book 594, Page 766. A copy of which is attached as Exhibit "An. 5. Whereas, Defendants breached the aforesaid Installment Agreement of Sale and Judgment in Possession was granted to Plaintiffs on October 11, 1999, a copy of the judgment is attached hereto as Exhibit "B". Said Judgment was not appealed by Defendants. WHEREFORE, Plaintiffs pray for relief to terminate all rights which Defendants and their heirs, administrators, executives, devisees and assigns and all persons claiming under them may have, had or have in the premises and also the following: a.) That the Court declare that the Plaintiff have the full and free use and fee simple title of said premises released and forever discharged of any right, lien, title or interest in the premises that the Defendants may have; and, b.) That all adverse claims to said real estate property be determined by a Decree of this Court; and, .... c.) That said Decree permanently enjoined Defendants, each of them, and all persons claiming by, through, and under them, from asserting any adverse claim to Plaintiffs' title to said property; and, d.) For costs of this action; and, e.) For other such relief as the Court deems just and proper. Date:J I.\.~ ~\ 'Z-Oro !1!ff1i/;1 Law Office of Darrell C. Dethlefs P.O. Box 368 3805 Market Street Camp Hill, PA 17001.0368 (717) 975.9446 Attorney 1.0. 58851 Attorney for Plaintiffs ./ '" ~ -J ,-~ _ r.-- -- -" . - " .:<1_ WILLIAM F. ROTHMAN, CHARLES F. : IN THE COURT OF COMMON PLEAS SCHUBERT, and SAMUELl. REED tlb/d/a : CUMBERLAND COUNTY, ROTHMAN, SCHUBERT and REED : PENNSYLVANIA REALTORS PROFIT SHARING PLAN, Plaintiffs v. : NO. 2000-3381 DAVID R. BOBB, SANDRA L. BOBB, and CHRISTOPHER A. BARCLAY, Defendants : ACTION IN QUIET TiTlE VERIFICATION I hereby verify that the statements of fact made in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification t, \ uthorities. ~l , , Date; I C RLES F. ERT Rothman, Schubert and Reed Realtors Profit Sharing Plan ~ AGREEMENT THIS AGREEMENT made this 31st day of August, 1988, by and between DENNIS E. and KARYN T. GERKIN, his wife, of Cumberland County, pennsy1svania, parties of the first part, hereinafter called "Vendor" and WILLIAN F. ROTHMAN, CHARLES F. SCHUBERT and SAMUEL L. REED, t/a/d/a ROTHMAN, SCHUBERT AND REED, REALTORS, PROFIT SHARING PLAN, a licensed Pennsylvania real estate corporation, having its principal place .of business at 600 Lemoyne Square, Lemoyne, Cumberland County, Pennsylvania, part of the second part, hereinafter called "Vendee". WITNESETH: The parties hereto indending to be legally bound hereby, do hereby declare, promise and agree as follows: 1. Vendor is the owner in fee simple of all that certain tract of land situate in the Township of North Middleton, Cumberland County, pennsylvania. (See Exhibit "A" attached hereto and made part hereof) 2. Vendor simultaneously herewith has execcuted, acknowledged and delivered to Vendee a general warrenty deed in fee simple for said premises with the consideration and the names of the Grantees in blank. ( 800x 35.1 fACE 663 1 (7,.1'-1 ',\.. A' C-I( \Ill 1/' , -'."".-. . , 3. Vendee is hereby irrevocably authorized to insert the names of itself Or any nominee that it may select and insert whatever . consideration Vendee ~lects and deliver said deed to Vendee or the nominee(s) of 've,t.d~e with the same force and effect as if it were done at the t:lime .' hereof by Vendor, and to do every act, and deed in their name and stead deemed advisable to ~ffect proper conveyance of the said premises and to make any changes in said deed Vendee deems advisable. 4. All monies received for the delivery of the said deed by Vendee shall be the sole property of Vendee whether or not the Vendee makes a profit or loss, and any such loss shall be borne by Vendee. 5. Vendor does hereby acknowledge having received all monies due them from Vendee for their interest in the above described premises. 6. Vendee, its nominees, tenants and assigns, are entitled to possession of the said premsies as of the date hereof. 7. Vendee shall pay all tax billings, mortgage payments, sewer and water assessments and insurance premiums after the date hereof involving the said premises. More specifically, Vendor shall maintain a fire-hazard insurance pOlicy with coverage of at lease $52,440.00, with endorsements for Vendee as their interest may appear. , /' BOOK 354 PACE 664 2 ;""'^" , . ',c_ ,0'", dod&.' B. Vendor hereby agrees to pay over to Vendee any and all profits from insurance policies .from the date hereof, insuring the premises for fire-ha~ard conditions. Said profits shall become the sole property of Vendee. 9. This Agreement shall be binding upon the parties hereto, their heirs, successors and assigns. IN WITNESS WHEREOF, we hereunto set our hands and seals the day and year first above written. WITNESS: g;' ('~ ... 'U '- '. '01'l,AUi: . C ""]ENNIS E. GERKIN ) 1 ~J . ,.f{~v,", /,) C' . 9'hArl~ KARYN,IT. qERKIN ATTEST: by: SAMUEL L. REED by: by: Secretary BOOK 354 PACE 665 3 - ~ -,-, EXHIBIT "A" ALL THAT CERTAIN lot or tract of ground situate in North Middleton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the Eastern right-of-way line of Pheasant Drive North at the dividing line of lots #57 and 58 as shown on a final subdivision Plan of Pheasant Run Estates, Phase II and Phase III, recorded in Plan Book 29, Page 7, thence by aforesaid Eastern right-of-way line, North 06 degrees 49 minutes 39 seconds East 18.00 feet to a point on the Southern line of Lot #56: thence by aforesaid line South 83 degrees 10 minutes 21 seconds East 140.00 feet to a point on the Western line of Lot #55: thence by aforesaid line South 06 degrees 49 minutes 39 secconds West 18.00 feet to a point on the Northern line of Lot #58: thence by aforesaid line, North 83 degrees 10 minutes 21 seconds West 140.00 feet to a point, being the place of BEGINNING. BEING Lot #57 on a final subdivision plan of Pheasant Run Estates, Phase II and Phase III, recorded in Plan Book 29, Page 7. BEING known and numbered as 1133 Pheasant Drive North, Carlisle, PA. TOGETHER with the right to pass repass for ingress and egress in common with others over the roads as shown on said plan to and from the lot herein conveyed. BEING subject to a Declaration of Miscellaneous Book 242 'at Page 834. Covenants / f 11 ed in BEING further subject to easements of record. AND BEING part.of a certain tract of ground which Cambria Savings and Loan Association, a Pennsylvania Corporation, by its deed dated July 27, 1982, and recorded in the Recorder's Office in and for Cumberland County in Deed Book .W., Volume 29, Page 32 granted and conveyed unto Dennis E. Gerkin and Karyn T. Gerkin, his wife, the Grantors Herein. 8001( 354 fAGE 666 I \ STATE OF PENNSYLVANIA COUNTY OF CUm b~""(l1nd ss On this, the 3',.,,) day of ()~ , 1988, before me, the officer, personally known to me, (or satisfactorily proven) name(s) are/is subscribed to the within instruments, and acknowledged that -t he:t therein contained. executed the same for the purposes IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires: ~-/~9:J . Cl.r.(l\' punl.lC IiANC'1 ~ HUlhfi.rl, ~ RLMiO COUIHV C~MP HILL 60Rl" CUll':S JUNE 1 1111 1A'f COMMISSION ~xPla "lion of MotarilS Mel1\btr. pennsyl>jaUlI AsSoe ,~Il"''''''''''''''i ,I\\'\, C f\ d;: ~ 1/""'; ~ ~~""\ ....~.....'b-\ ~ ~~~.1 ~:"'~"':;'- Notary~u c, ~ !,~,'~ .,,.~... ~ ~ . 1;'" "'Iff' "", I' \ i'.JI:;:; ~ . '. i ,,~ = '\", ",.~~":;.,;,,,,, ~, J , ~ ~ ,,,~ ,,~"J" J" ~ .:;;.-:. ....,"'/"..'\. ""..: "".", "j oJ1' .'..; .. so '~"~~~,'.b....~....-;.....~,,,4 ,'<4' -.,'1..."" I"" , ., ",1lI(\! ,.... ,.' ."",.;:,..,.. . ,,"'. .:"., ;""'.' e;;; "'" IS ,~ =,.1 .::: 1"11 ..;: ",u <:J .':; l~J ;ii ... .:;. I~' .-.. :.;: ~~; ."1 . .,' ~.:; (;:. . ,~' ,.' , ~. 'i I " ~ SI,lIe o\',:Pen"SYly.,rii.~fi's'C!::,;:\L: ' Cou",y of OUm~\ln~(\,,1-': ,!i'll, ,"', R~~&ded,~tt"'<oif)CS lor th~ )li6ordtllg of Cacus '~~f;Jl'\d'f~~~bS~laf1, d,c~u"ly,Pa. b ' I ",''lob' :"''''i~'~'''P.agA~ ~ " ,",' . ,." " wltll,1i s m~ yha".9~d Ss "of II e. at C>c> Carlisle, 'I)~' " " ,PO . .t:' ' "" --0 '.' i"'.,l ::, :1; ",~, <, ~ 1:";:,' W .... ~'I__l} --I '11 ;.~ ~'~ ::1 ." ~ ..,,41...0: :,.. G Recorder 0, BOOK 354 PACE 667 11.12.98 INSTALLMENT AGREEMENT OF SALE THIS IS AN Agreement made this } 3 +, day of IVov-e..-.k..- ,1998, by and among William F, Rothman, Charles F, Schubert, and Samuel L. Reed, t/a/d/b/a Rothman, Schubert & Reed, Realtors, Profit Sharing Plan, with its principal place of business at 355 North 21st Street, Camp Hill, Cumberland County, Pennsylvania (hereinafter "Seller") , and David R, Bobb and Sandra L, Bobb, husband and wife, and Christopher A, Barclay, of 1133 North Pheasant Run Drive, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as UBuyer") . WITNESSETH: WHEREAS, Dennis E, Gerkin and Karyn T, Gerkin, his wife, (hereinafter referred to as "Gerkins") are the legal owners of the premises located at 1133 Pheasant Run Drive, Carlisle, Cumberland County, Pennsylvania, as more particularly set forth in a Deed dated July 27, 1982 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book W Volume 29 Page 32, which said real estate is more fully described in Exhibit "A" attached hereto (hereinafter the "Premises"); and WHEREAS, Gerkins by agreement dated August 31, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 354 Page 663 (hereinafter referred to as the "Agreement") conveyed equitable title to the Premises. to "William F, Rothman, Charles F. Schubert and Samuel L. Reed, t/a/d/a Rothman, Schubert and Reed, Realtors, Profit Sharing Plan, a licensed Pennsylvania real estate corporation" (hereinafter "Designated Vendee"); WHEREAS, the Agreement erroneously designated the Designated Vendee as a corporation when in fact it is a partnership owned pension plan, being the Seller herein; and WHEREAS, Seller agrees to assign any and all of its rights, title, and interests it has in the Agreement and to sell the Premises and Buyer agrees to purchase the Premises with improvements thereon under the terms and conditions hereinafter set forth with Buyer to receive title in the Premises, as follows: David R, Bobb and Sandra L, Bobb, husband and wife, having an undivided two-thirds interest in the premises, to be held as j oint tenants wi th right of survivorship with Christopher A. Barclay, who shall have a one- third undivided ownership interest in the Premises, NOW, THEREFORE, the parties hereto, intending to be legally bound, hereby, agree as follows: &bb.t ~ 1, RECITALS. The recitals set forth above are incorporated herein by reference, 2 _ PROPERTY, Seller agrees to assign its rights, title, and interest in the Agreement and to sell to Buyer and Buyer agrees to purchase from Seller the Premises more particularly described in Exhibit "Au together with all improvements pertinent thereto and forming a part thereof, 3, PURCHASE PRICE. In consideration whereof, Buyer agrees to pay to Seller the sum of SEVENTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($72,500.00) as follows: EIGHTEEN THOUSAND ONE HUNDRED TWENTY- FIVE DOLLARS ($18,125.00) upon execution of this Agreement of Sale, the receipt of which is hereby acknowledged by Seller, and the balance of FIFTY-FOUR THOUSAND THREE HUNDRED SEVENTY- FIVE DOLLARS ($54,375.00) in monthly installments of FOUR HUNDRED THIRTY-SEVEN and 51/100 DOLLARS ($437,51) with said monthly installments to be applied first to interest at the rate of nine per cent (9%) per annum on the unpaid balance of principal, and the remaining portion of each installment to reduction of principal, said monthly installments to be paid on or before the first day of each month beginning January 1, 1999; said monthly installments to continue until December 1, 2000 (hereinafter "Final Settlement"), at which time Buyer shall then pay in full to Seller the remaining unpaid balance of principal and any accrued interest and any late charges or amounts due to Seller by Buyer at which time Seller shall convey to Buyer good and marketable title in fee Simp~y general warranty deed, For any payment that is fi~ (15), I days late, there shall be assessed a five per cent( (5%, ate' charge, Pending Final Settlement, the deed for con~nce of title to Buyer shall be held in escrow with Christopher C, Houston, Esquire, to be delivered upon Final Settlement to Buyer, 4, PAYMENT OF TAXES, Buyer shall be responsible to pay all taxes to include, but not be limited to, township, county, and school district real estate taxes on account of the premises described in Exhibit "Au, Buyer shall pay to Seller to be placed in escrow with Seller the sum of ONE HUNDRED TEN DOLLARS ($110.00) per month payable in conjunction with the monthly payment of principal and interest, for purposes of payment of property taxes when they come due, Any balance remaining in escrow upon Final Settlement shall be credited toward the purchase price. Real estate taxes for the current year of taxing authority shall be prorated between the parties as of the date of execution of this Agreement, 5, FINAL SETTLEMENT. It is agreed by and among the parties that final settlement shall be held on December 1, 2000, Seller agrees that at the time of final settlement, Seller shall furnish to Buyer, upon payment of the principal balance and accrued interest and any late charges or amounts due to Seller by Buyer, a general warranty Deed conveying good and marketable title to the property to the Buyer, free and clear of all liens, encumbrances, easements EXCEPTING HOWEVER, the following: Existing building restrictions, ordinances, easements of roads, privileges or rights of public service companies, if any; or easements or restrictions visible upon the ground, otherwise the title to the above-described real estate shall be good and marketable or such as will be insured by a reputable title insurance company at the regular rates, Further, real estate transfer taxes, if applicable, payable upon transfer by Deed will be paid as follows: one per cent (1%) of the consideration in this agreement by Buyer and the balance of any transfer taxes due to be paid by Seller, unless Buyer assigns its interest to a third party in which case Seller shall pay no such taxes. 6, EXISTING OR FUTURE ENCUMBRANCES, Seller will not grant or permit to arise any encumbrances, liens or judgments against said property in excess of the balance due to be paid under this Agreement; however, in the event the amount due on any encumbrances, liens or judgments does exceed the balance due under this Agreement, Buyer is given the right to make payment directly to the encumbrance, lien or judgment holder, Further, Seller agrees that seller will not, without the prior written consent of Buyer, encumber or allow to be encumbered the subject real estate on or after the date of the execution of this Agreement, Seller shall further cause to be paid when due the mortgage given by Gerkens to First United Federal, further assigned to Atlantic Mortgage Investment Corporation, with said mortgage being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Mortgage Book 841 Page 755. 7, RISK OF LOSS. Destruction of, or damage to, any building or other improvements now or hereinafter erected or to be placed on the subject property, whether said damage or destruction is caused by fire or other casualty, shall not release Buyer from any of Buyer's obligations under this Agreement, it being expressly understood by and between the parties that Buyer shall bear all risk of loss to or damage to the subj ect property on or after the date of this' Agreement. .c, j " '--~.L " 8, INDEMNITY AND INSURANCE. Seller shall obtain personal injury liability insurance with the liability limit of not less than Two Hundred Fifty Thousand Dollars ($250,000,00) per occurrence with a liability limit of Five Hundred Thousand Dollars ($500,000.00) in the aggregate insuring against all liability of Buyer and Seller and their authorized representatives arising out of and in connection with Buyer's use or occupancy of the premises, Buyer shall be named as additional insured on said public liability insurance policy, Buyer shall pay to Seller to be retained in escrow with Seller TWENTY DOLLARS ($20,00) per month payable in conjunction with the payment of principal and interest to be retained in escrow by Seller for purposes of making payment on any renewals of the hazard insurance, The balance in escrow at final settlement shall be credited toward the purchase price, Seller agrees to cause to be paid from escrow all premiums to maintain fire and extended coverage insurance on the subject property, Seller shall maintain said insurance from the date of this Agreement until final settlement in an amount of at least full replacement value on the building with the coverage to be increased upon renewal in accordance with the insurance guidelines, Such policy or policies of insurance shall contain provisions that any proceeds shall be payable to the mortgagee, if any, Seller and Buyer, as each of their respective interests may appear, and such coverage or coverages shall not be canceled or altered without giving thirty (30) days prior written notice to Seller and getting Seller's written approval thereto, Buyer shall hold Seller harmless from all damages arising out of any damage to any persons or property occurring in, on, or about the premises, 9, PROPERTY MAINTENANCE. Buyer shall, at Buyer's own cost and expense, maintain the subject property, buildings and improvements thereon in an as good an order, condition, and repair as they are on the date of this Agreement, reasonable wear and tear excepted, In the event of Buyer's default under this provision, in addition to the other remedies reserved to Seller's hereunder, Buyer promises and agrees to pay the cost of restoration of the premises to the original condition, Buyer shall comply with housing code standards, fire, safety, or other governmental requirements now in effect or hereafter enacted that involve the subject property if required to do so, and shall promptly pay any and all assessments or other charges levied against the property by any governmental body, Buyer shall be responsible for the payment of any municipal 1-'- , , ~ ,~ '" -<,- , i assessment against the subject property, except those, if any, resulting from work done or ordered to be done by the municipality prior to the date hereof, and any such assessments which Buyer is required to pay shall not be deemed an encumbrance on the title agreed to be conveyed hereby, Buyer shall not remove or permit the removal from the property of any building or other improvement located thereon without the consent of the Seller in writing, nor shall Buyer commit or permit to be committed any waste in the property or any building or any improvement thereon, Buyer will not renovate, remodel or alter any building or improvement now or hereafter situate on the property, or construct any additional building, buildings, or improvements on the property without first giving written notice and submitting plans for renovation, remodeling or construction to the Seller and getting Seller's approval, in writing, for such plan, Seller hereby agrees that said approval will not be unreasonably withheld, Buyer shall indemnify and hold the Seller and the property of Seller, including the Seller's interest in the property, free and harmless from liability from any and all mechanic's liens or other expenses or damages resulting from any renovation, alteration, building repairs, or other worked placed on the property by Buyer, 10. TAXES. ASSESSMENTS AND UTILITIES. Seller shall cause to be paid timely from the funds retained in escrow all real estate taxes, charges and assessments (including benefit assessments) assessed and levied upon the subject property as of the date hereof, It is nonetheless Buyer's ultimate responsibility that all real estate taxes, charges, and assessments shall be paid. Further, Buyer shall pay all utilities, including but not limited to, heat, water, sewage, light, fuel and other expenses in connection with the operation and maintenance of the property. 11, ENCUMBRANCE BY BUYER. Buyer's equitable title in the subject real estate, or any part hereof, shall not be pledged or encumbered by Buyer, in any manner whatsoever, without the prior written consent of Seller. Buyer shall indemnify and hold Seller harmless from any loss sustained by Seller in the event the Buyer shall pledge or encumber the subj ect real estate without the prior written consent of Seller, 12, ASSIGNMENT. Buyer shall not have the right to assign this Agreement or all or any part of their right, title and interest herein, without the prior written consent of Seller. Seller shall have the right to assign this Agreement or any or all of its right, title and interest therein, -I _ ~ , , 13, DEFAULT. Payment of all monies becoming due hereunder by Buyer and the performance of all covenants and conditions of this Agreement to be kept and performed timely by Buyer are conditions precedent to the performance by Seller of covenants and conditions of the Agreement to be kept and performed by Seller. In the event that Buyer should fail for a period of thirty (30) days after written notice by Seller to make any of the payments required by this Agreement, or should Buyer fail to comply with any of the covenants or conditions of this Agreement on Buyer's part to be performed, Seller's sole remedy shall be to retake possession of the premises, in which case the amount already paid shall be considered liquidated damages and not a penalty. The thirty (30) days' written notice requirement shall also apply to any default hereunder to include the payment of monies due as well as other than the payment of monies due. In case of buyer's default, Seller may proceed by action of ejectment on this Agreement after default made as aforesaid for recovery of said premises; in such case, Buyer hereby authorizes and empowers any attorney of any Court of record in the Commonwealth of Pennsylvania, or elsewhere, to appear for Buyer and confess judgment of ejectment, and authorize the immediate issuing of a Writ of Possession and Execution (without asking leave of Court) for the costs, waiving all stay and exemption laws, 14, INSPECTION. Seller may make or cause to be made reasonable entries upon inspection of the Property described in Exhibit "A," provided that Seller shall give Buyer notice prior to any such inspections, 15, SELLER'S WARRANTY AND MUNICIPAL CLAIM. Seller warrants that no notice of any governmental authority has been issued or served upon the subj ect property or any occupancy thereof ox' upon the Seller or agents of Seller prior to the signing of this Agreement calling attention to any violation of any building, fire, safety, or other ordinance or requirement or calling attention to the need for curbing, recurbing, paving, repaving, or other construction or improvement on or about the subject property or removal of any nuisance, No municipal or other governmental improvements affecting the subject property are, as of the date of this Agreement, in the course of construction or installation and to the best of the knowledge of Sellers, no such improvements have been ordered to be made. Buyer shall be responsible for the payment of any municipal assessment against the property except those, if any, resul ting from work done or ordered to be done by any municipality prior to the date of this Agreement, Any such assessment which Buyer is required to pay shall not be deemed an encumbrance on the title agreed to be conveyed by the terms of this Agreement. 16, NOTICES. All notices or other communications, pursuant thereto, to any party shall be in writing and shall be deemed given when delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the parties at the addresses set out below, or at such other addresses provided for by notice complying with this paragraph, except that any of the monthly payments being made to Seller need not be forwarded by return receipt requested: To Seller: 355 North 21" Street Camp Hill, PA 17011 To Buyer: 1133 North Pheasant Run Drive Carlisle, PA 17013 17, CONDEMNATION. To Seller's knowledge there are no pending or threatened or contemplated condemnation or similar proceedings or assessments affecting .any part of the Property, In the event of a total taking of the property, the Seller shall be entitled to that portion of the proceeds equal to the sums due and owing to Sellers and payable to Buyer in accordance with the terms and conditions of this Agreement, with the excess, if any, to be paid to the buyer, If the proceeds are less than the remaining sums payable under this Agreement, Buyer shall remain liable hereunder for the balance, In the event of a partial taking of the Property, unless Seller and buyer otherwise agree, in writing, there, shall be applied to the sums due under this Agreement su~h proportion of the proceeds as equal that portion which the amount of the sums due under this Agreement immediately prior to the date of taking bears to the purchasing price hereunder, with the balance of the proceeds paid to Buyer. 18, POSSESSION. Buyer shall be entitled to possession of said Property immediately upon the signing of this Agreement, 19, BUYER'S OPTION TO TAKE TITLE. In the event Seller is unable to give a good and marketable title subject to the previous conditions of title referred to hereinabove, Buyer shall have the option of taking such title as Seller shall give, without abatement of price, or of being repaid all monies paid by Buyer to Seller on account of the purchase price, together "' with such reasonable costs of searching title as Buyer may have incurred. In the latter event, there shall be no further liability or obligation as to either party concerning this Agreement, which thereafter shall be null and void, 20. LITIGATION, Should any litigation be commenced between the parties hereto concerning said Property, this Agreement, or the rights and duties of either in relation thereto, the party, Buyer or Seller, prevailing in such litigation, shall be entitled in addition to such other relief as may be granted, to a reasonable sum as and for the party's attorney's fees in such litigation which shall be determined by the Court during such litigation or in a separate action brought for that purpose. 21, ENTIRE AGREEMENT, This is the entire Agreement by and between the parties hereto and this Agreement shall be binding on and shall inure to the benefit of the successors, heirs, personal representatives and assigns of the parties hereto, Nothing in this paragraph shall be construed as a consent by Seller to any assignment of this Agreement. 22. WAIVER. The waiver of any breach of this Agreement by either party shall not constitute a continuing waiver or a waiver of any subsequent breach, of either the same or another provision of this Agreement, 23. It is understood by and between the parties this Agreement may be recorded in the Office of of Deeds of Cumberland County at the expense of RECORDINGS. hereto that the Recorder the Buyer, 24, MODIFICATION. No modification of this Agreement shall be binding upon the parties hereto unless the same shall be in writing and duly executed by the Buyer and the Seller, IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, hereunto set their hands and seals te day and year first above written. fi1v^ SELLER Rothman, Schubert & Reed, I . ._.. Realtprs, Proflt ~?~rihg Pl.fn " f /" . , / r"'- A/L / -' ,,-7fZE---' William'F. Ro~hman WITNESS ,,- .. . ~vjJ- (;~ \ w~~ Charles E/. Schubert ,~e(/ ~ Samuel L, Reed ' WITNESS BUYER r~R~ DAVID R, BOBB I} ,/ s: -5 l~'fd~A"/ . AND L, OBB /~~' f/.> . h .Jf,1 J ~l~t~~fii'1 'p,( ,,:;jj--r~t /1,1(7 i./ CROP R A. BARCLAY , / , / i./ COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND , #? On this, the //.:3 day of M VQ'Ynb.lU,- 1998, before me, the undersigned officer, personally appeared William F, Rothman, Charles F, Schubert, and Samuel L, Reed, known to me (or satisfactorily 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 ~ hand J notarial seal, ~iC ~Ltr/.V' N_,SM1 K..... F, s,..., ~"- C.rtt... 1Ior0. eu...e...e...4-"-r. PA M. Comm.._...... _...._ , -, .l,~..i., .. . . COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND On this, the /g#' day of /tIbve'>>-?bJU,- 1998, before me, the undersigned officer, personally appeared David R. Bobb and Sandra L, Bobb, known to me (or satisfactorily 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. No...... SMI K..en F. B..... Noe8fy PubIc Carn. 1Ior0. C........... CowIIr. PA My Commission ~ II.... 1&. ,.. hereunto set my hand and notarial seal. ~~d07"~~ No ary Public IN WITNESS WHEREOF, I have COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CltMBERLAND On this, the~f:> day of Mv.e.>?1.b.JI..r' 1998, before me, the undersigned officer, personally appeared Chrisr.opher ~. Barclay, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and aCknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto~et m hand and notarial seal. _0,) d N ~ary Public ;;.6 fr In.c.../ N_I Sool K_F,S_-,,_ c...... ....Q, ~...",c:oooq. PA My c-_"'" ~ M_11,'''' COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND Recorded in the Misc, Book Office I Page for Recording of Deeds in and for Cumberland County, in Witness my hand and seal of Office this day of , 1997, --......,.,.~-"'l:"";~---- Recorder - I'... ~ "- < , " . . EXIIIBl'[' "^" AJ.L THAT CERTAIN lot or tract of ground 51 tuat~ in Norl',h Middleton Township, Cumberland Count.y, CommonwealLh of !:'(!/It\sylvania, more parti.cularly bounded and described as follows to wit: BEGINNING at a point on the Eastern right-of-way line of: Pheasant Drive North at the dividing line of lots #57 and 58 a6 shown on a final subdivision Plan of Pheasant Run Estates, Phase II and Phase III, recorded in Plan Book 29, Page 71 thence by aforesaid Eastern right-of-way line, North 06 degrees 49 minuLes 39 seconds East 18.00 feet to a point on the Southern line of Lot #56: thence by aJ:oresaid line South 83 degrees lO IIdnut,es 21 seconds Ras t i40. 00 feet. to a point on the Western lIne of Lot. '55: thencR by afor~.aid line South 06 degrees 49 minutes 39 sccconds Wesl' 18.00 feet. to a point on t',he Northern line of Lot, t5B: Ulel~e by aforesaid lIne. North 83 degrees 10 minutes 21 seconds West 140.00 feel Lo a point, being the place of UEGINNING. f.JEl N<; Lot. Es l.a l.es , 7. #57 on a final subdivision plan of Pheasant. phase II and Phase III, recorded In Plan Book 29. Run Paqe 8EING known and numbered as 1133 Pheasant Drive North, CarJisl~, 1'1\. 'l'OGl:;'1'lIl:;R with the right to pass repass for ingress and egT:es5 in common wi Lh alhers over the roads as shown on said plan to ..nd flom th.. 101: /Jereln conveyed. RIo;] Nt"; subject t,o a Declarat.ion of Miscellaneous Book 242 at Page 834. Covenants f l.l ed in BEING further subject to easements of record. AND BEING part of a certain tract of ground which Cambria Savings and Loan Association, a Pennsylvania Corporat.i.on, by its deed dated July 27, 1982, and recorded i.n the Recorder's Office in and fur Cumberland County in Deed Book .W., Volume 29, Page 32 qrantE'd and conveyed unto Dennis E. Gerkin and Karyn 'r. Gerl:!n, id s wlfe, the Grantors Herein. . ""I~J ~ h ~ "",~ ~, <',~""",, ~\iIillli!tiI~lilI;t;Ili~a~"ii~ .. olIolipiliill.i ~ 1II1.ll111i11lli1M1 ". '. o c: ~~ &g $--~ ~8 ~ -,., :,1 C:;) <.::.1 ~ i= I en o >', :::1 f'!:i,J.] :,QL:q --..;I,.~ 8~~~ f~~~ '--' ~ 5J -< .'''0 .,.. o . " 1IliIl~"'::r~ ,"': ~~~ " ~.w~" ~ - - ~:IlJoaI~'......._, -~ "~ -....""""".",;.. . ,', '*,) ,. COMMONWEALTH OF PENNSYLVANIA <.' .1 COUNTY OF: CUMBllRLMpl ~ 4~t~ , :',: , , '..,' '-"(~ ~">'"' '- " . , NOTICE/OF JUD,(;iMENTflRANSCRIPT PLAINTIFF' RESIDENTIAL:' lEA'SE r:i:: .', .' NAME, and ADDREi.,$, ROTHMAN, WILLIAM F, ET AL. I POBOX 188 . , CAMP HILL, PA 17011 L ~ VS. DE~ENDAN,T;" .' ". ,j?;': NAME and ADDRESS fii ,," -, ' " BOBB, D~VID R,ETAL. 1133 NPHEASlUn'RUNDR CARLIS:E:iE, PA 17013 . L I Mag. Disl. Ne.: 09-2-01 'OJ Name: Hen. PAULAP~, CORREAL ,^Add"" ElI.S.T _WING, - 'CmmTHOUS:e ..,'...'::."~~jI7~~~7~'9:!1~l!lf '., ,', ' " ,.., T,r,p'oo,(7:i?(24o~6564i70B-OO(}0 _ATTORNEY ~OR PLAINTIFF,: MICIlAEL J. PYKOSH POBOX 368 CAMp HILL, PA 17011 ~ Docket No,: LT- 0000507 - 99 Date Filed: 9/28/99 THIS IS TO NOTIFY Y9U THAT: " ,JuGit)ment: I: FOR PLAINTIFF :OOdusgment.was-enteredifor,- ;":'r-(Name).\".ROTHMfdK":WI4:.L:IhM<P'P'ET'M:b _0,. "" '. " ., o Judgment was entered against BOBB, SANDRAL . , , . in a .L1tJ Landlord/Tenant action in the amount of $ 2.566.65 on 10/11/99 , (Date of Judtlment) . 'The amount of rent per month, as established by the District Justice, is $ 567.51, 1he totai amount of the Security Deposit is,$ .00, Rent in Arrears . Physical Damages Leasehold Property , D*m~ges/\J~jUst Detention "...' n A"ttad:iment,'!'lrol1ibilep/" ....' i: L.J Victim"of AbUse (Act 5;'1P96) . o This 6ase di;rilissed with~ut prejudice: o Possession granted, r!] Possession granted if money judgment is not satisfied by time of eviction, Total Amount Established by OJ ' Less Security Deposit Applied = Adjudicated Amount $ 2.470.00 $ .00 $ 2.470.00 $ .00 $ .00 - $ .00 $ ,"",,' .00 $ ,,' " ,.00-$ nn Less Amt Due Defendant fromCrossCompiaif)t ,C:;$ ~ 00 Interest (if provided by lease) '. $ .00 UT Judgment Amount " $ ?,4 7nnn Judgment Costs $ <) 6 6 'i Attorney Fees $ . 00 Totai Judgment $ 2.566.65 '0, poss!?$sion..not granted, ,[J,Levyi$. $l~Y,ols:lfQr c."-~-".O?Y$J)r.D\lE?f)Wa,JIY SlfWE1<L.O' [] ObjE?ction to LE?vy has been filed and hearing will bE? held: o Defendants are jointly and severally liabie, ,_~ U' _ ,-', . . Date: Place: ~I, ' .", , Time: O" ANY PARTY HASTHE RIGHTTO APPEAL A JUDGMENTlNVOLVING A RESIDENTIAL LEASE AND AFFECTING THE DELIVERY OF POSSESSION OF REAL PROPERTY WITHIN 10 DAYS AFTER THE DATE OF ENTRYOF JUD,GMENT BY FILlNGA NOTICE OF APPEAL WITH THE, PROTHONOTAR.Y/CL.ERK OF COURTSOfTH,E COURT OF COMMON PLEAS, CIVIL DIVISION. IN ORDER TO OBTAIN A SUPERSEDEAS, YOU MUSTDEPOSITWITA THE,PROTHONOTARYTHE LESSER OF 3 MONTHS RENT OR THE RENTACTUAL.~ Y !N'AJ'lJjEARS ON THE DATE THE APPEALlS FILED.' ' , ,,' , ..,.., , ,'" ' , IF YOUWISH TO,APPEAL THE I1i!,9NEf-PORTION ONLY;, OE.!l.~UDGMEJ>I:rjNVOL VING A RESIDENtiAL L~ASE, ,Y9U H,AltE 30 OA YS ,A,F',T,.E, R,THE" D, AT"EOF ENTRY 0F JU, DGM,ENT I , ',HICH T~FI. A,)'.Id, TI9E OF APP"EA,L.>lVlTH T"t:lE PR, OTMONOTA, RY/CLERJ<,O,. F COURTS OF THE,COURT OF COMMON EAS, CIVIL DIV , N, I / t'O'-' : :'. " " YO~MUST INCLUDE A C Y OF THIS. . CE(~f JUDGM . II' 'NSCjll~T FOR,~ )YH YOUR"NOl'ICE OF. APPEAL '., ' " . '. Date .- 0' --' ,~~~:._ ' ,/J,(,/ {t~_. ,.. ,; " District Justice : certl y t at t IS IS a tru~" correc cOPl;f t e r ,/'e proce In S containing 10e JU gmenL , : . Date \, ,~k/...;",--.., , 01'-" ./ . , Qi$triqt,JU5tice" "",' ...... -', 0, nday of January, 2000" \ S"Il.L '," ,'" ' ~~dOj\-C" "17." . ~" . My commission expires fir Anpr. ."1 !1A:~q - -i'i~..j,:;:i"1;;;1~>.. ',' """.,..,:,- ;,;,1 ",j---",.~, ;"! 11Mr_(11li~rj;)lil . . lfI:i.li'illH~i';i~",",,~~Jij .i ~'iIllIllIil_iaI&lU "= " :n1iliit~~ll1JlIlibit~ ._.. c,~_ ." . ~ J 0 (::) 6 c: 0 -::Tl :s::: L :-=1 vCTJ ~ .fi~~ mrn ;== Z~.L: ~~~ I ~f58 0' 1~~?,~ t2C) -v ~Q ::;:; ~~.~ j;~ ',", ,- ---I Z r:- ~ ':< 0 . .........~ ~.. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-03381 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROTHMAN WILLIAM F ET AL VS BOBB DAVID R ET AL 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: BOBB DAVID R but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUpaIN serve the within NOTICE & ACTION TO QUIET County, Pennsylvania, to On July 27th , 2000 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep. Dauphin Co 18,00 9,00 10,00 37.50 ,00 74.50 07/27/2000 DARRELL C. ~~ R Thomas Kline Sheriff of Cumberland County DETHLEFS Sworn and subscribed to before me this ,31Ak day of ~ .:2<r11V A. D, n Q~,;~, '- I~othonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-03381 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROTHMAN WILLIAM F ET AL VS BOBB DAVID R ET AL 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: BOBB SANDRA L but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within NOTICE & ACTION TO QUIET On July 27th , 2000 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6,00 ,00 10.00 .00 .00 16.00 07/27/2000 DARRELL C. ?~~ R. homas Kline Sheriff of Cumberland County DETHLEFS Sworn and subscribed to before me this 3/M- day Of~ .1O<nJ A,D. (1 C;t~ ' ~ prothonota'r:~ - " '~, .---, ,,'~ ' .~~ - SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-03381 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROTHMAN WILLIAM F ET AL VS BOBB DAVIb R ET AL 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: BARCLAY CHRISTOPHER but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within NOTICE & ACTION TO QUIET On July 27th , 2000 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 ,00 10,00 .00 .00 16,00 07/27/2000 DARRELL C. ~ 1<;. Thomas/~l ne Sheriff of Cumberland County DETHLEFS Sworn and subscribed to before me this .3/AA- day ofq #7 ~o-v<J A.D. Cl /" 0 fvu 00.. $i!f ~ Prothonotary , ,,~ -- '-, ~ -~- ~ ~ ~~ "~~ , -. ,-- ., @ffitt of tlrr ~4triff William T, Tully Solicitor Ralph G. McAllister Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 1710 1 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania ROTHMAN WILLIAM F" CHARLES F, SCHUBER vs County of Dauphin BARCLAY CHRISTOPHER A, Sheriff's Return No. 1534-T - -2000 OTHER COUNTY NO. 2000-3381 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for BARCLAY CHRISTOPHER A. the DEFENDANT named in the within QUIET TITLE ACTION COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, July 19, 2000 SERVICE IS NOT NEEDED PER ATTORNEY M, PYKOSH TO LORRAINE, SHERIFF'S OFFICE ON 7-11-2000. e-.~a,Ww) So Answers, JR~ Sworn and subscribed to before me this 19TH day of JULY, 2000 Sheriff of Dauphin County, Pa. PROTHONOTARY By Deputy Sheriff Sheriff's Costs: $37,50 PD 07/l0/2000 RCPT NO 138803 ~ ~ , : l:_~' @ffite llf tIre ~4e:riff William T. Tully Solicitor Ralph G, McAllister Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 171 0 1 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania ROTHMAN WILLIAM F., CHARLES F. SCHUBER vs County of Dauphin BARCLAY CHRISTOPHER A, Sheriff's Return No, l534-T - -2000 OTHER COUNTY NO, 2000-3381 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for BOBB DAVID R, the DEFENDANT named in the within QUIET TITLE ACTION COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, July 19, 2000 SERVICE IS NOT NEEDED PER ATTORNEY M. PYKOSH TO LORRAINE, SHERIFF'S OFFICE ON 7-11-2000, ~,. "'~' D:: So Answers, JR~ Sworn and subscribe9 to before me Sheriff of Dauphin County, Pa. PROTHONOTARY By Deputy Sheriff Sheriff's Costs: $37,50 PD 07/10/2000 RCPT NO 138803 - , ~ , ........'''"', " 'I!!~_'i @ffitt of tlrt ~4t:riff William T. Tully Solicitor Ralph G, McAllister Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania ROTHMAN WILLIAM F" CHARLES F. SCHUBER vs County of Dauphin BARCLAY CHRISTOPHER A, Sheriff's Return No, l534-T - -2000 OTHER COUNTY NO, 2000-3381 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for BOBB SANDRA L the DEFENDANT named in the within QUIET TITLE ACTION COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, July 19, 2000 SERVICE IS NOT NEEDED PER ATTORNEY M, PYKOSH TO LORRAINE, SHERIFF'S OFFICE ON 7-11-2000. Sworn and subscribed to So Answers, Jf~ before me this 19TH day of JULY, 2000 s (r\ C-. f)~ Sheriff of Dauphin County, Pa. PROTHONOTARY By Deputy Sheriff Sheriff's Costs: $37,50 PD 07/10/2000 RCPT NO 138803 -~" - '""'._'._" _,_C'c_ .;'-'--- In The Court of Common Pleas of Cumberland County, Pennsylvania William F. Rothman. et. al. VS, David R. Bobb, et; al. Serve: David R. Bobb No, 20-3381 Civil Now, 7/7/00 ,20 () () , I, SHERIFF OF CUMBERLAND'COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff, '~~~At:~_J! Sheriff of Cum her land County, FA Affidavit of Service Now, ,20_, at o'clock M, served the within upon at by handing to a copy ofthe original and made known to the contents thereof So answers, Sberiff of County, PA 20 '- COSTS SERVICE MILEAGE AFFIDAVIT $ Sworn and subscribed before me this _ day of $ -- - ~ ""..:. ' ........ " " " "'-1 In The Court of Common Pleas of Cumberland County, Pennsylvania William F. Rothman, et. al, VS. David R. Bobb, et, al. Serve, Sandra L. Bobb No_ 20-3381 Civil Now, 7/7/00 , 20 () (J , I, SHERIFF OF CUMBERLAND'COUNTY, P A, do hereby deputize the Sheriff of Dauphin COlmty to execute this Writ, this deputation being made at the request and rlsk of the Plaintiff, , '.r~~~ Sheriff of Cumberland County, P A Affidavit of Service Now, ,2D_,at 0' clock M, served the within upon at by handing to a copy of the original. and made lmowl1 to the contents thereof So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ bd c._ ',. ,__~,__, In The Court of Common Pleas of Cumberland County, Pennsylvania William F. Rothman, et. al. VS. David R. Bobb. et. al. Serve: Christopher A. Barclay No. 20-3381 Civil Now, 7!7 /00 , 20 Q (J , I, SHERIFF OF CUMBERLAND'COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff, //;,dJ! , r~~~~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20 , at o'clock M. served the within upon at by handing to a copy ofthe original and made known to the contents thereof So answers, Sheriff of County, PA Sworn and subscribed before , me this _ day of 20 '- COSTS SERVICE MILEAGE AFFIDA VIT $ $ _" 0 , ill \.... WILLIAM F. ROTHMAN, CHARLES F. : IN THE COURT OF COMMON PLEAS SCHUBERT, and SAMUEL L. REED Vb/d/a : CUMBERLAND COUNTY, ROTHMAN, SCHUBERT and REED : PENNSYLVANIA REALTORS PROFIT SHARING PLAN, Plaintiffs v. : NO, 2000-3381 DAVID R. BOBB, SANDRA L. BOBB, and CHRISTOPHER A, BARCLAY, Defenda nts : ACTION IN QUIET TITLE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice have been served, To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the Defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgment for any money claimed in the complaint or for another claim required by the Plaintiff may be entered against you in Court without further notice. You may lose money, property or other rights important to you, ,. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 - , ' .,- L"' .......""'"'''' "-) -I. NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones alas demandas en contra de su persona. Sea avisdao que si usted no se defiende, la corte tomara medidas y puede entrar una orde contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dineroo sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIAMENTE. SI NO TIENNE ABOGAD 0 SI NO TIENNE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONE A LA onCINA CUYA PUEDA CONSEGUIR ASSISTENCIA LEGAL: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Date: 7/ .3 100 I f Michael J, P os, Esquire Attorney 1.0. 58851 3805 Market Street P,O, Box 368 Camp Hill, PA 17001 (717) 975-9446 By: 1" RU~ GOFf' FROM REC'..oRO g', T S!!$~ \It!'l1roof; 1 hi',r<l \i!mo _ my MOO i:~d the d ~; ~a~ ~F;-,' Pl. 1~ls_~ W;!~ _ ~.~~ ~W Pl'\lt!'ionotary "" :.' ;l .. WILLIAM F. ROTHMAN, CHARLES F. ; IN THE COURT OF COMMON PLEAS SCHUBERT, and SAMUEL L. REED Vbldla : CUMBERLAND COUNTY, ROTHMAN, SCHUBERT and REED : PENNSYLVANIA REALTORS PROFIT SHARING PLAN, Pia i ntiffs v. : NO. 2000-3381 DAVID R. BOBB, SANDRA L. BOBB, and CHRISTOPHER A. BARCLAY, Defendants : ACTION IN QUIET TITLE COMPLAINT AND NOW comes Plaintiffs, Rothman, Schubert & Reed Realtors Profit Sharing Plan, by and through their attorney, The Law Office of Darrell C, Dethlefs, in support of its Complaint, avers as follows: 1, Plaintiffs, William F, Rothman, Charles F. Schubert and Samuel L. Reed t/d/b/a Rothman, Schubert & Reed Realtors Profit Sharing Plan, have a business located at 308 East Penn Drive, Enola, Pennsylvania, 17025, 2. Defendants, David R, Bobb, Sandra L. Bobb and Christopher A, Barclay, are adult individuals residing at 1614 Green Street, Harrisburg, Pennsylvania, 17102. 3. Plaintiffs, Rothman, Schubert & Reed Realtors Profit Sharing Plan, obtained equitable interest in the premises located at 1133 North Pheasant Drive, Carlisle, Pennsylvania, 17013, Parcel No, 29,17.1583,063 by the Agreement dated August 31, 1988 and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at miscellaneous Book 354, Page 663, 4, Plaintiffs and Defendants entered into an Installment Agreement of Sale dated November 13, 1988, recorded in the Recorder of Deeds Office for Cumberland County at Miscellaneous Book 594, Page 766, A copy of which is attached as Exhibit "A". 5, Whereas, Defendants breached the aforesaid Installment Agreement of Sale and Judgment in Possession was granted to Plaintiffs on October 11, 1999, a copy of the judgment is attached hereto as Exhibit "B", Said Judgment was not appealed by Defendants, WHEREFORE, Plaintiffs pray for relief to terminate all rights which Defendants and their heirs, administrators, executives, devisees and assigns and all persons claiming under them may have, had or have in the premises and also the following: a.) That the Court declare that the Plaintiff have the full and free use and fee simple title of said premises released and forever discharged of any right, lien, title or interest in the premises that the Defendants may have; and, b,) That all adverse claims to said real estate property be determined by a Decree of this Court; and, ~~ .., " 'A c,) That said Decree permanently enjoined Defendants, each of them, and all persons claiming by, through, and under them, from asserting any adverse claim to Plaintiffs' title to said property; and, d,) For costs of this action; and, e,) For other such relief as the Court deems just and proper, Date: J ,,~ ~\ 'ZO<::JO Michael J. Pyk h Law Office of Darrell C, Dethlefs P.O. Box 368 3805 Market Street Camp Hill, PA 17001.0368 (717) 975.9446 Attorney LD, 58851 Attorney for Plaintiffs -" - -~ lIlI, :'1 '. WILLIAM F. ROTHMAN, CHARLES F. : IN THE COURT OF COMMON PLEAS SCHUBERT, and SAMUEL l. REED Vb/d/a : CUMBERLAND COUNTY, ROTHMAN, SCHUBERT and REED : PENNSYLVANIA REALTORS PROFIT SHARING PLAN, Plaintiffs v. : NO. 2000-3381 DAVID R. BOBB, SANDRA L. BOBB, and CHRISTOPHER A, BARCLAY, Defendants : ACTION IN QUIET TITLE VERIFICATION I hereby verify that the statements of fact made in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief, I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C, S, Section 4904, relating to unsworn falsification t uthorities, ".' 'i\ Date: W- Cf>\ARLES F. ERT Rothman, Schubert and Reed Realtors Profit Sharing Plan ~/ ( -- .~ ~ , ..c,'_ .~-,~ .Ilii . AGREEMENT THIS AGREEMENT made this 31st day of August, 1988, by and between DENNIS E. and KARYN T. GERKIN, his wife, of Cumberland County, pennsylsvania, parties of the first part, hereinafter called "Vendor" and WILLIAN F. ROTHMAN, CHARLES F. SCHUBERT and SAMUEL L. REED, t/a/d/a ROTHMAN, SCHUBERT AND REED, REALTORS, PROFIT SHARING PLAN, a licensed Pennsylvania reaI estate corporation, having its principal place of business at 600 Lemoyne Square, Lemoyne, Cumberland County, pennsyIvania, part of the second part, hereinafter called "Vendee". WITNESETH: The parties hereto indending to be legally bound hereby, do hereby declare, promise and agree as follows: l. Vendor is the owner in fee simple of all that certain tract of land situate in the Township of North Middleton, Cumberland County, Pennsylvania. (See Exhibit "A" attached hereto and made part hereof) 2. Vendor simultaneously herewith has execcuted, acknowledged and delivered to Vendee a general warrenty deed in fee simple for said premises with the consideration and the names of the Grantees in blank. BOOK 35.1 PACE 663 1 c d,;-,L'~ -4 .-- -~ .. ,.., ''<I, 3. Vendee is hereby irrevocably authorized to insert the names of itself or any nominee that it may seIect and insert whatever consideration Vendee elects and deliver said deed to Vendee or the nominee(s) of Vepdee with the same force and effect as if it were done at the time 'hereof by Vendor, and to do every act, and deed in their name and stead deemed advisable to ~ffect proper 'conveyance of the said premises and to make any changes in said deed Vendee deems advisable. 4. All monies received for the delivery of the said deed by Vendee shall be the sole property of Vendee whether or not the Vendee makes a profit or loss, and any such loss shall be borne by Vendee. 5. Vendor does hereby acknowIedge having received all monies due them from Vendee for their interest in the above described premises. 6. Vendee, its nominees, tenants and assigns, are entitled to possession of the said premsies as of the date hereof. 7. Vendee shall pay all tax billings, mortgage payments, sewer and water assessments and insurance premiums after the date hereof involving the said premises. More specifically, Vendor shall maintain a fire-hazard insurance policy with coverage of at lease $52,440.00, with endorsements for Vendee as their interest may appear. J BOOK 35,1 PAGE 664 2 - " . . 8. Vendor hereby agrees to pay over to Vendee any and all profits from insurance policies from the date hereof, insuring the premises for fire-hazard conditions. Said profits shall become the sole property of Vendee. 9. This Agreement shall be binding upon the parties hereto,' their heirs, successors and assigns. IN WITNESS WHEREOF, we hereunto set our hands and seals the day and year first above written. WITNESS. g;' (' 11,~, .... l\ '- ,~/)V.(,.l.~ C /~ ' -DENNIS E. GERKIN , ,l..-J' ,..f{~~,,,) c-l f;]vfA r,~ KARYN;! T. GERK I N by: SAMUEL L. REED ATTEST. by: by: Secretary BOOK 354 PACE 665 3 ., ',.', \ . EXHIBIT "A" ALL THAT CERTAIN lot or tract of ground situate in North MiddIeton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the Eastern right-of-way line of Pheasant Drive North at the dividing line of lots #57 and 58 as shown on a final subdivision Plan of Pheasant Run Estates, Phase II and Phase III, recorded in Plan Book 29, Page 7/ thence by aforesaid Eastern right-of-way line, North 06 degrees 49 minutes 39 seconds East 18.00 feet to a point on the Southern line of Lot #56: thence by aforesaid line South 83 degrees 10 minutes 21 seconds East 140.00 feet to a point on the Western line of Lot 155: thence by aforesaid line South 06 degrees 49 minutes 39 secconds West 18.00 feet to a point on the Northern line of Lot *58/ thence by aforesaid line, North 83 degrees 10 minutes 2l seconds West 140.00 feet to a point, being the place of BEGINNING. BEING Lot 157 on a final subdivision plan of Pheasant Run Estates, Phase II and Phase III, recorded in Plan Book 29, Page 7. BEING known and numbered as 1133 Pheasant Drive North, Carlisle, PA. TOGETHER with the right to pass repass for ingress and egress in common with others over the roads as shown on said plan to and from the lot herein conveyed. BEING subject to a Declaration of Miscellaneous Book 242 at Page 834. Covenants filed in BEING further subject to easements of record. AND BEING part.of a certain tract of ground which Cambria Savings and Loan Association, a pennsylvania Corporation, by its deed dated July 27, 1982, and recorded in the Recorder's Office in and for Cumberland County in Deed Book "W., Volume 29, Page 32 granted and conveyed unto Dennis E. Gerkin and Karyn T. Gerkin, his wife, the Grantors Herein. BOOX 354 fAGE 666 1 - -. , """",.L_ l,,-.' ,1, "' < ~~ . \, STATE OF PENNSYLVANIA COUNTY OF (Iii.... b~K{I1"d SS On this, the 3J~ day of flA)w.A- , 1988. before me, the undersigned officer, personally appeared Am .'- .1 ~ o..F Jid,t/.Uf,l.ft 1110''11<<.1 1-. f? t.<l known to me, (or satisfactorily proven) the person(s) whose name(s) are/is subscribed to the within instruments, and acknow 1 edged that -r he~ therein contained. executed the same for the purposes IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires: ,,- /-9~ . (ll,e..tl~ PUULlC NAli.C1l r\url.lrt,[l. ~ J NO CDUNl't' CAMP "ILL BUill) i~:::g~"t I, 1991, '-'1 COMMISSION, Lilion 01 KoUII.' U bt' plI\niyl14iPli AltO' elfl . , ,.111"'"''.''''''''' ,,\'~ e(\d; ~ ("'" ~ ~~'~ ...... <'L'" .....,.. .", .."..., ~ _":,_,,\'),,,..~,,",-. _ .:1l('t.C. .. '. . >;'"~ ~ Notary~u _ c,':t" !'J/~>'~;~},"':~ oS: ' : ~ ,ji': 'tW.oftT1.( '""': l-=. , .j ......., -', ',1' · I,,, ... '--";\.\l';:;~"'''''' - t.t " ; \, :::.:~"'; ..,>..' " . r...... .... .,}.....I,. .'.....""::... ~ '. '....., "'j w.1 " V .. " '.i"':~" ,,1. ...........-::..\~.... .",' '....'q, ' \'" . . ....",~ ,v',.," ""'IHl...". ,.I', ':.... "".'_, ~ <:0 "' ~ ~] r;: .,~ -';'J c;;J '.; f' I ,~.. : J : ~ I ., .:;".,:' ~~ ;:: ~~; '....! '. "..., " , .." . .: -'i' ( '. ~-, . ~t.lle ot:'PonnSYIYa~ri.I~~.'.~~'s' r.!'-.~:p:;';\~.~" ' COllOly of OUm~\l(jMa.r., ~', ", R~'Q(ded J~~iI.<oit{ca ror the reaQrdll\g of Catus e:~;~~d"9( Cumba~I!l'1l!.c9urity, Pa. I> I "&jaO~Rs::(k'i~i";""':"Piga~ 3 ",."~~.,, wltn,fi' s m~ .~21".':l,~d sea,!. of II e, lit Pc> Carlisle, 'i)~'" . PO . ;'i'\',' , "" -0 . .....\~: =". '.' "11: w '~if;:~~; ~ ..":.I,,,.: r. I~ Recorder '. BOO~ _354 PACE 667 , , , -".... ,~ . 11.12,98 INSTALLMENT AGREEMENT OF SALE THIS IS AN Agreement made this } 3 +'\. day of NoV'e.-.~ ,1998, by and among William F. Rothman, Charles F, Schubert, and Samuel L, .Reed, t/a/d/b/a Rothman, Schubert & Reed, Realtors, Profit Sharing Plan, with its principal place of business at 355 North 21st Street, Camp Hill, Cumberland County, Pennsylvania (hereinafter "Seller") , and David R, Bobb and Sandra L, Bobb, husband and wife, and Christopher A, Barclay, of 1233 North Pheasant Run Drive, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Buyer;') . WITNESSETH: WHEREAS, Dennis E, Gerkin and Karyn T. Gerkin, his wife, (hereinafter referred to as "Gerkins") are the legal owners of the premises located at 1133 Pheasant Run Drive, Carlisle, Cumberland County, Pennsylvania, as more particularly set forth in a Deed dated July 27, 1982 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book W Volume 29 Page 32, which said real estate is more fully described in Exhibit "A" attached hereto (hereinafter the "Premises"); and WHEREAS, Gerkins by agreement dated August 31, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 354 Page 663 (hereinafter referred to as the "Agreement") conveyed equitable title to the Premises, to "William F. Rothman, Charles F. Schubert and Samuel L, Reed, t/a/d/a Rothman, Schubert and Reed, Realtors, Profit Sharing Plan, a licensed Pennsylvania real estate corporation" (hereinafter "Designated Vendee"); WHEREAS, the Agreement erroneously designated the Designated Vendee as a corporation when in fact it is a partnership owned pension plan, being the Seller herein; and WHEREAS, Seller agrees to assign any and all of its rights, title, and interests it has in the Agreement and to sell the Premises and Buyer agrees to purchase the Premises with improvements thereon under the terms and conditions hereinafter set forth with Buyer to receive title, in the Premises, as follows: David R, Bobb and Sandra L, Bobb, husband and wife, having an undivided two-thirds interest in the premises, to be held as j oint tenants wi th right of survivorship with Christopher A, Barclay, who shall have a one- third undivided ownership interest in the Premises, NOW, THEREFORE, the parties hereto, intending to be legally bound, hereby, agree as follows: Cl,~~;~ < .. l. RECITALS. herein by The recitals reference < set forth above are incorporated 2. PROPERTY, Seller agrees to assign its rights, title, and interest in the Agreement and to sell to Buyer and Buyer agrees to purchase from Seller the Premises more particularly described in Exhibit "A" together with all improvements pertinent thereto and forming a part thereof. 3, PURCHASE PRICE, In consideration whereof, Buyer agrees to pay to Seller the sum of SEVENTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($72,500,00) as follows; EIGHTEEN THOUSAND ONE HUNDRED TWENTY- FIVE DOLLARS ($18,125,00) upon execution of this Agreement of Sale, the receipt of which is hereby acknowledged by Seller, and the balance of FIFTY-FOUR THOUSAND THREE HUNDRED SEVENTY- FIVE DOLLARS ($54,375.00) in monthly installments of FOUR HUNDRED THIRTY-SEVEN and 51/100 DOLLARS ($437.51) with said monthly installments to be applied first to interest at the rate of nine per cent (9%) per annum on the unpaid balance of principal, and the remaining portion of each installment to reduction of principal, said monthly installments to be paid on or before the first day of each month beginning January 1, 1999; said monthly installments to continue until December 1, 2000 (hereinafter "Final Settlement"), at which time Buyer shall then pay in full to Seller the remaining unpaid balance of principal and any accrued interest and any late charges or amounts due to Seller by Buyer at which time Seller shall convey to Buyer good and marketable title in fee Simp~y general warranty deed. For any payment that is fif-Lee (15), I days late, there shall be assessed a five per cent( (5%, a / charge. Pending Final Settlement, the deed for conVeyance of title to Buyer shall be held in escrow with Christopher C. Houston, Esquire, to be delivered upon Final Settlement to Buyer, 4, PAYMENT OF TAXES, Buyer shall be responsible to pay all taxes to include, but not be limited to, township, county, and school district real estate taxes on account of the premises described in Exhibit "A", Buyer shall pay to Seller to be placed in escrow with Seller the sum of ONE HUNDRED TEN DOLLARS ($110,00) per month payable in conjunction with the monthly payment of principal and interest, for purposes of payment of property taxes when they come due, Any balance remaining in escrow upon Final Settlement shall be credited toward the purchase price. Real estate taxes for the current year of, taxing authority shall be prorated between the parties as of the date of execution of this Agreement, ' !,J '~, .'. -, ~ . 5, FINAL SETTLEMENT. It is agreed by and among the parties that final settlement shall be held on December 1, 2000. Seller agrees that at the time of final settlement, Seller shall furnish to Buyer, upon payment of the principal balance and accrued interest and any late charges or amounts due to Seller by Buyer, a general warranty Deed conveying good and marketable title to the property to the Buyer, free and clear of all liens, encumbrances, easements EXCEPTING HOWEVER, the following: Existing building restrictions, ordinances, easements of roads, privileges or rights of public service companies, if any; or easements or restrictions visible upon the ground, otherwise the title to the above-described real estate shall be good and marketable or such as will be insured by a reputable title insurance company at the regular rates. Further, real estate transfer taxes, if applicable, payable upon transfer by Deed will be paid as follows: one per cent (1~) of the consideration in this agreement by Buyer and the balance of any transfer taxes due to be paid by Seller, unless Buyer assigns its interest to a third party in which case Seller shall pay no such taxes, 6. EXISTING OR FUTURE ENCUMBRANCES, Seller will not grant or permit to arise any encumbrances, liens or judgments against said property in excess of the balance due to be paid under this Agreement; however, in the event the amount due on any encumbrances, liens or judgments does exceed the balance due under this Agreement, Buyer is given the right to make payment directly to the encumbrance, lien or judgment holder. Further, Seller agrees that Seller will not, without the prior written consent of Buyer, encumber or allow to be encumbered the subject real estate on or after the date of the execution of this Agreement. Seller shall further cause to be paid when due the mortgage given by Gerkens to First United Federal, further assigned to Atlantic Mortgage Investment Corporation, with said mortgage being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Mortgage Book 841 Page 755, 7, RISK OF LOSS, Destruction of, or damage to, any building or other improvements now or hereinafter erected or to be placed , on the subject property, whether said damage or destruction is caused by fire or other casualty, shall not release Buyer from any of Buyer's obligations under this Agreement, it being expressly understood by and between the parties that Buyer shall bear all risk of loss to or damage to the subject property on or after the date of this' Agreement, b ~ ~". b" 8, INDEMNITY AND INSURANCE. Seller shall obtain personal injury liability insurance with the liability limit of not less than Two Hundred Fifty Thousand Dollars ($250,000,00) per occurrence with a liability limit of Five Hundred Thousand Dollars ($500,000,00) in the aggregate insuring against all liability of Buyer and Seller and their authorized representatives arising out of and in connection with Buyer's use or occupancy of the premises, Buyer shall be named as additional insured on said public liability insurance policy, Buyer shall pay to Seller to be retained in escrow with Seller TWENTY DOLLARS ($20.00) per month payab~e in conjunction with the payment of principal and interest to be retained in escrow by Seller for purposes of making payment on any renewals of the hazard insurance, The balance in escrow at final settlement shall be credited toward the purchase price, Seller agrees to cause to be paid from escrow all premiums to maintain fire and extended coverage insurance on the subject property. Seller shall maintain said insurance from the date of this Agreement until final settlement in an amount of at least full replacement value on the building with the coverage to be increased upon renewal in accordance with the insurance guidelines, Such policy or policies of insurance shall contain provisions that any proceeds shall be payable to the mortgagee, if any, Seller and Buyer, as each of their respective interests may appear, and such coverage or coverages shall not be canceled or altered without giving thirty (30) days prior written notice to Seller ahd getting Seller's written approval thereto. Buyer shall hold Seller harmless from all damages arising out of any damage to any persons or property occurring in, on, or about the premises, 9, PROPERTY MAINTENANCE, Buyer shall, at Buyer's own cost and expense, maintain the subject property, buildings and improvements thereon in an as good an order, condition, and repair as they are on the date of this Agreement, reasonable wear and tear excepted, In the event of Buyer's default under this provision, in addition to the other remedies reserved to Seller's hereunder, Buyer promises and agrees to pay the cost of restoration of the premises to the original condition, Buyer shall comply with housing code standards, fire, safety, or other governmental requirements now in effect or hereafter enacted that involve the subject property if required to do so, and shall promptly pay any and all assessments or other charges levied against the property by any governmental body, Buyer shall be responsible for the payment of any municipal . assessment against the subject property, except those, if any, resulting from work done or ordered to be done by the municipality prior to the date hereof, and any such assessments which Buyer is required to pay shall not be deemed an encumbrance on the title agreed to be conveyed hereby, Buyer shall not remove or permit the removal from the property of any building or other improvement located thereon without the consent of the Seller in writing, nor shall Buyer commit or permit to be committed any waste in the property or any building or any improvement thereon. Buyer will not renovate, remodel or alter any building or improvement now or hereafter situate on the property, or construct any additional building, buildings, or improvements on the property without first giving written notice and submitting plans for renovation, remodeling or construction to the Seller and getting Seller's approval, in writing, for such plan, Seller hereby agrees that said approval will not be unreasonably withheld, Buyer shall indemnify and hold the Seller and the property of Seller, including the Seller's interest in the property, free and harmless from liability from any and all mechanic's liens or other expenses or damages resulting from any renovation, alteration, building repairs, or other worked placed on the property by Buyer, 10, TAXES. ASSESSMENTS AND UTILITIES, Seller shall cause to be paid timely from the funds retained in escrow all real estate taxes, charges and assessments (including benefit assessments) assessed and levied upon the subject property as of the date hereof. It is nonetheless Buyer's ultimate responsibility that all real estate taxes, charges, and assessments shall be paid_ Further, Buyer shall pay all utilities, including but not limited to, heat, water, sewage, light, fuel and other expenses in connection with the operation and maintenance of the property, 11. ENCUMBRANCE BY BUYER. Buyer's equitable title in the subject real estate, or any part hereof, shall not be pledged or encumbered by Buyer, in any manner whatsoever, without the prior written consent of Seller, Buyer shall indemnify and hold Seller harmless from any loss sustained by Seller in the event the Buyer shall pledge or encumber the subj ect real estate without the prior written consent of Seller, 12, ASSIGNMENT. Buyer shall not have the right to assign this Agreement or all or any part of their right, title and interest herein, without the prior written consent of Seller. Seller shall have the right to assign this Agreement or any or all of its right, title and interest therein. . 13 , DEFAULT. Payment of all monies becoming due hereunder by Buyer and the performance of all covenants and conditions of this Agreement to be kept and performed timely by Buyer are conditions precedent to the performance by Seller of covenants and conditions of the Agreement to be kept and performed by Seller. In the event that Buyer should fail for a period of thirty (30) days after written notice by Seller to make any of the payments required by this Agreement, or should Buyer fail to comply with any of the covenants or conditions of this Agreement on Buyer's part to be performed, Seller's sole remedy shall be to retake possession of the premises, in which case the amount already paid shall be considered liquidated damages and not a penalty, The thirty (30) days' written notice requirement shall also apply to any default hereunder to include the payment of monies due as well as other than the payment of monies due, In case of buyer's default, Seller may proceed by action of ejectment on this Agreement after default made as aforesaid for recovery of said premises; in such case, Buyer hereby authorizes and empowers any attorney of any Court of record in the Commonwealth of Pennsylvania, or elsewhere, to appear for Buyer and confess judgment of ejectment, and authorize the immediate issuing of a Writ of Possession and Execution (without asking leave of Court) for the costs, waiving all stay and exemption laws, 14, INSPECTION, Seller may make or cause to be made reasonable entries upon inspection of the Property described in Exhibit "A," provided that Seller shall give Buyer notice prior to any such inspections, 15. SELLER'S WARRANTY AND MUNICIPAL CLAIM. Seller warrants that no notice of any governmental authority has been issued or served upon the subject property or any occupancy thereof or upon the Seller or agents of Seller prior to the signing of this Agreement calling attention to any violation of any building, fire, safety, or other ordinance or requirement or calling attention to the need for curbing, recurbing, paving, repaving, or other construction or improvement on or about the subject property or removal of any nuisance, No municipal or other governmental improvements affecting the subject property are, as of the date of this Agreement, in the course of constrUction or installation and to the best of the knowledge of Sellers, no such improvements have been ordered to be made, Buyer shall be responsible for the payment of any municipal assessment against the property except those, if any, resulting from work done or ordered to be done by any ,., ...- . municipality prior to the date of this Agreement, Any such assessment which Buyer is required to pay shall not be deemed an encumbrance on the title agreed to be conveyed by the terms of this Agreement, 16, NOTICES. All notices or other communications, pursuant thereto, to any party shall be in writing and shall be deemed given when delivered personally or deposited in the United StaLes .mail, postage prepaid, return receipt requested, addressed to the parties at the addresses set out below, or at such other addresses provided for by notice complying with this paragraph, except that any of the monthly payments being made to Seller need not be forwarded by return receipt requested: To Seller: 355 North 21st Street Camp Hill, PA 17011 To Buyer: 1133 North Pheasant Run Drive Carlisle, PA 17013 17, CONDEMNATION. To Seller's knowledge there are no pending or threatened or contemplated condemnation or similar proceedings or assessments affecting .any part of the Property. In the event of a total taking of the property, the Seller shall be entitled to that portion of the proceeds equal to the sums due and owing to Sellers and payable to Buyer in accordance with the terms and conditions of this Agreement, with the excess, if any, to be paid to the buyer. If the proceeds are less than the remaining sums payable under this Agreement, Buyer shall remain liable hereunder for the balance, In the event of a partial taking of the Property, unless Seller and buyer otherwise agree, in writing, there shall be applied to the sums due under this Agreement su~h proportion of the proceeds as equal that portion which the amount of the sums due under this Agreement immediately prior to the date of taking bears to the purchasing price hereunder, with the balance of the proceeds paid to Buyer. 18, POSSESSION. Buyer shall be entitled to possession of said Property immediately upon the signing of this Agreement, 19, BUYER'S OPTION TO TAKE TITLE, In the event Seller is unable to give a good and marketable title subject to the previous conditions of title referred to hereinabove, Buyer shall have the option of taking such title as Seller shall give, without abatement of price, or of being repaid all monies paid by Buyer to Seller on account of the purchase price, together , with such reasonable costs of searching title as Buyer may have incurred, In the latter event, there shall be no further liability or obligation as to either party concerning this Agreement, which thereafter shall be null and void. 20. LITIGATION, Should any .litigation be commenced between the parties hereto concerning said Property, this Agreement, or the rights and duties of either in relation thereto, the party, Buyer or Seller, prevailing in such litigation, shall be entitled in addition to such other relief as may be granted, to a reasonable sum as and for the party's attorney's fees in such litigation which shall be determined by the Court during such litigation or in a separate action brought for that purpose, 21. ENTIRE AGREEMENT. This is the enkire Agreement by and between the parties hereto and this Agreement shall be binding on and shall inure to the benefit of the successors, heirs, personal representatives and assigns of the parties hereto. Nothing in this paragraph shall be construed as a consent by Seller to any assignment of this Agreement. 22, WAIVER. The waiver of any breach of this Agreement by either party shall not constitute a continuing waiver or a waiver of any subsequent breach, of either the same or another provision of this Agreement. 23. RECORDINGS. hereto that the Recorder the Buyer. 24. MODIFICATION, No modification of this Agreement shall be binding upon the parties hereto unless the same shall be in writing and duly executed by the Buyer and the Seller, It is understood by and between the parties this Agreement may be recorded in the Office of of Deeds of Cumberland County at the expense of IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, hereunto set their hands and seals te day and year first above written, ~ SELLER Rothman, Schubert & Reed, , . ,_.. Realtprs, Prof~t S~arihg Plfn ., /' ,'. >C/ L 1-' CiiZE--- Williarn'F. Ro~hrnan WITNESS ,......" ";"'1 . " ~ ,~Jt- (;.\ (\~k~ Charles EI. Schubert ,~ect ~ Samuel L, Reed ' WITNESS BUYER ~~R~ DAVID R, BOBB ~ " s-~b~ "t~~:;/ L ,L;~/ t>1 , L .{).1 J ~J!r ~rJ;fii'l P-i. "1J-r~1 /1' .tC' (. / C R 'S OP R A, BARCLAY , / :/ COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND " #7 On this, the /'.:3 day of M VQYnbJU.~ , 1998, before me, the undersigned officer, personally appeared William F. Rothman, Charles F. Schubert, and Samuel L. Reed, known to me (or satisfactorily 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 m hand and notarial seal, ~_ _ c1 ~L'r..Y No ary Public N_r s... ~._F,S_~,,- , c..... "'0. c.............. ea.er. PA My c-mlo_ e.q,n. ....,.. _ . . COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND On this, the ~ day of /fA) Ve..);n 1~ ],998, before me, the undersigned officer, personally appeared David R, Eobb and Sandra L. Eobb, known to me (or satisfactorily 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 Hotana. s.. Katen F. By**- Noe8ry Pub8c C..riJsIe &cwo. ~ CouIwr.~. My Commission Eapns ....... 11. 'III hereunto set my hand and notarial seal. ~~ d 01j~~ No ary Public COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND On t.his, the ~ ~ day of M V~>?7j,..Jl.r 1998, before me, the undersigned officer, personally appeared Chrisr.opher ~, Barclay, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. MotaMl s... K.._ F. B,.." ...., JtMIIIc:: c..... "0. eu.....~ ea..rr. P& My C-_Ion EIqlIroo lIora. 'I. ,_ hereunto~et m hand and notarial seal. . _~d N ~ary Public Y-6:fr' f n:~ IN WITNESS WHEREOF, I have COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND Office , Page for Recording of Deeds in and for cumberland County, in Recorded in the Misc. Book day of , 1997. Witness my hand and seal of Office this Recorder -,--- . . EXHIBIT "A" AJ.L THAT CERTAIN lot or tract of ground s1. tuat" in North Middlet,on Township, Cumberland Count,y, Commonwealth of Pennsylvania, more parti.cularly bounded and described as follows to wit:: mmINNTNG at a point on the Eastern right-of-way line oJ: Pheasant Drive North at the dividing line of lots #57 and 58 as shown on a rinal subdivision Plan of pheasant Run Estates, Phase II and Phase III, recorded in Plan Book 29, Page 71 thence by aforesaid Eastern right-of-way line, North 06 degrees 49 ulinules 39 seconds East 18.00 feet to a point on the Southern line of Lot #56: t.hence by aforesaid line South 83 degrees 10 ndnut:,es 21 seconds Rast 140.00 feet to a point on lhe Western line of Lor, *55; t,henep. byaforpsaid llne Sout_h 06 degrees 49 minutes 39 GC'ccond" Wf"Sf, 18.00 fe~t. to a point an the Norl.:.hern line of Lot. .58: t:.hellce by aforesaid line, North 83 degrees 10 m:inut_es 21 seconds West 140.00 feel.:. to a point, being the place of BEGINNING. f,\E I N<; Lot. I,s La I,e$ , 7, 1157 on a final subdivision plan of Pheasant. Phase II and Phase III, ~ecorded .in Plan Rook 29, nun Paqe UE)N~ known and numbered as 1133 Pheasant Drive North, Carlisl-, 1'1\. '1'()C;~'tll~R wit.h the right to pass repass for ingrl'ss and egress in common wiLh ol.:.hers over the roads as shown on sald plan to ..nd frol11 U,.. lot: herpin conveyed. RE1NG subject to a Declaration of MiRcPIlaneous Dook 242 at Page 834. Covenants f l.l ed in BEING further sUbject to easements of record. AND BEING part of a certain tract of ground which Cambria Savings and Loan Assoclat ion, a pennsylvania Corporat,.ion, by its deed dated July 27, 1982, and recorded .in the Recorder's Office in and fur Cumbftrland County in Deed Book .W., Volume 29, Page 32 qrantE'd and conveyed unto oennis E. Gerkin and Karyn 'r. Gerldn, his wJfe, tlJe Grantors Berein. . . :0 '. COMMONWEALTH OF PENNSYLVANIA COl:lNTY OF: CUMBERLANl*l 09-2-01 NOTICE OF JUDGMENTfrRANSCRIPT PLAINTIFF' RESIDENTIAL LI:ASE I"i. NAME and ADDRESS ROTHMAN, WILLIAM F, ET AL. J POBOX 188 CAMP HILL, PA 17011 L ~ VS. DEFENDANT: NAME and ADDRESS fBOBB, DAVID R, ET AL. 1133 N PHEASANT RUN DR CARLISLE, PA 17013 L I Mag. Dist. No.: OJ Name: Hon. PAULA P. CORREAL 'Add",,, EAST WING - COURTHOUSE 1 COURTH()USE SQUARE CARLisLE~ -PA" , ", T"'ph,"" (717) 240 - 6564 17013 - 0000 ATTORNEY FOR PLAINTIFF : MICHAEL J. PYKOSH POBOX 368 CAMP HILL, PA 17011 ~ Docket No.: LT- 0000507 - 99 Date Filed: 9/28/99 THIS IS TO NOTIFY YOU THAT: Judtjmen\:." FOR PLAINTIFF ,[!Jdudgment was entered,for:.....(Name)." ROTHMAN".' WILLIAM- F j .ET A1,. o Judgment was entered against BOBB, SANDRA L iJtJ Landlord/Tenant action in the amount of $ 2.566.65 on 10/11/99 The amount of rent per month, as established by the District Justice, is $ in a . (Date of Judgment) 567.51, The total amount of the Security Deposit is $ .00. Total Amount Established by OJ ' Less Security Deposit Applied = Adjudicated Amount Rent in Arrears $ 2.470.00 $ ,.00 = $ 2.470.00 Physical Damages Leasehold Property $ .00 -$ .00 = $ .00 Damages/Unjust Detention $ .00 -$ .00 - $ nn " Less Amt Due Defendant from Cross Complaint-"- $ o Attachment Prohibited! ' .00 Victim of Abuse (Act 5, 1996) Interast (if provided by lease) '$ .00 UT JUdgment Amount $ ? 47n nn o This case dismissed without prejudice, Judgment Costs $ C}f; 6<; o Possession granted, Attorney Fees $ .00 Total Judgment $ 2,566.65 00 Possession granted if money judgment is not satisfied by time of eviction, o Possession not granted, 0 Defendants are jointly and severally liable, D. Levy is staye(:iJor _~ days or 0 generally stayed, o Objection to Levy has been filed and hearing will be held: Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL A JUDGMENT INVOLVING A RESIDENTIAL LEASE AND AFFECTING THE DELIVERY OF POSSESSION OF REAL PROPERTY WITHIN 10 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, IN ORDER TO OBTAIN A SUPERSEDEAS, YOU MUST DEPOSIT WITH THE PROTHONOTARY THE LESSER OF 3 MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED, _ ,,' ' , ' IF YOU WISH TO APPEAL THE M9NE1PORTI0N)0NL Y OF A,JUDGMEplT-INVOLVING A RESIDENTIAL LEASE, YOl; HAVE 30 DAYS AFTER THE DATE OF ENTRY/OF JUDGMENT I WHICH TO Flli: A N6TIl;:E OF, APPEA7L W, ITH l:l:lE PROTH"ONOTARY/CLERK OF COURTS OF THE COURT OF COMMON ~EAS, CIVIL DIVI N, ,/ / / /', ,,',' ' YOU MUST INCLUDE A C Y OF THIS N CE'OF JUDGMENTI1DJ>NSC PTFORM I:rH YOUR'NOTICE OF,APPEAL. X l(v'r , " . Date -)-(U~.&,....c.::.~_ Jr.. J...tr-''; /' :" District Justice, certlyt att IS IS a true correc cOPY'o t er'1C r..() /eproce Ingscontalnlngt'ejU gmernt ,:' . " '1;", ~ Date ....K'....., ... -" c/ J/fr..:" ' , District.Justice -' ~~r.~~~~:;:dssion expires fir o'nday of January, 2000. "'SE.h~" """ ,,' . ~ ~ ~~- 'c~,r- ;:":' \Hl ..,Hi).. ,) '.", :'-:::";\::f~f " " "_"L _~",,,""_~,,~,,,=""tl1@~#f""~$il,",,,,,, '_~"TI""!\-' ,ii',:' 'I 'I \ i \., ,'~ . """",..,~<"n '-y '. !.' Jillt,.""..~_ 1.,' n . , WILLIAM F, ROTHMAN, CHARLES F. : IN THE COURT OF COMMON PLEAS SCHUBERT, and SAMUEL L. REED Vb/d/a : CUMBERLAND COUNTY, ROTHMAN, SCHUBERT and REED : PENNSYLVANIA REALTORS PROFIT SHARING PLAN, Plaintiffs v. : NO. 2000-3381 DAVID R. BOBB, SANDRA L. BOBB, and CHRISTOPHER A. BARCLAY, Defendants : ACTION IN QUIET TITLE NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the Defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgment for any money claimed in the complaint or for another claim required by the Plaintiff may be entered against you in Court without further notice. You may lose money, property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir dela fecha de la demanda y fa notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones alas demandas en contra de su persona. Sea avisdao que si usted no se defiende, la corte tomara medidas y puede entrar una orde contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda, Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIAMENTE. 51 NO TlENNE ABOGAD 0 51 NO TIENNE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUYA PUEDA CONSEGUIR ASSISTENCIA LEGAL: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Date:7! _3 /00 , , By: MichaelJ, P os, Esquire Attorney LD, 58851 3805 Market Street P,O. Box 368 Camp Hill, PA 17001 (717) 975.9446 TRUE COpy FROM RECORD In T e:s-ilnlOOY wlloroof, ! here limo set my Iwld ~?,d ttle seal a! sa!d Coon r,' PIt h1!liL {;; \!.a'I ofg--tf W ._ ~/A"€1 Prothonotarv - ~ WILLIAM l'. ROTHMAN, CHARLES 1', ; IN THE COURT Of COMMON PLEAS SCHUBERT, and SAMUEL L. REED t/b/d/a : CUMBERLAND COUNTY, ROTHMAN, SCHUBERT and REED ; PENNSYLVANIA REALTORS PROFIT SHARING PLAN, Plaintiffs Y. : NO. 2000-3381 DAVID R. BOBB, SANDRA L, BOBB, and CHRISTOPHER A, BARCLAY, Defendants : ACTION IN QUIET TITLE COMPLAINT AND NOW comes Plaintiffs, Rothman, Schubert & Reed Realtors Profit Sharing Plan, by and through their attorney, The Law Office of Darrell C, Dethlefs, in support of its Complaint, avers as follows: 1. Plaintiffs, William F, Rothman, Charles F, Schubert and Samuel L. Reed t1d/b/a Rothman, Schubert & Reed Realtors Profit Sharing Plan, have a business located at 308 East Penn Drive, Enola, Pennsylvania, 17025. 2, Defendants, David R. Bobb, Sandra L Bobb and Christopher A. Barclay, are adult individuals residing at 1614 Green Street, Harrisburg, Pennsylvania, 17102. 3, Plaintiffs, Rothman, Schubert & Reed Realtors Profit Sharing Plan, obtained equitable interest in the premises located at 1133 North Pheasant Drive, Carlisle, Pennsylvania, 17013, Parcel No. 29,17,1583.063 by the Agreement dated August 31, 1988 and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at miscellaneous Book 354, Page 663, 4, Plaintiffs and Defendants entered into an Installment Agreement of Sale dated November 13, 1988, recorded in the Recorder of Deeds Office for Cumberland County at Miscellaneous Book 594, Page 766. A copy of which is attached as Exhibit "A", 5, Whereas, Defendants breached the aforesaid Installment Agreement of Sale and Judgment in Possession was granted to Plaintiffs on October 11, 1999, a copy of the judgment is attached hereto as Exhibit "B", Said Judgment was not appealed by Defendants. WHEREFORE, Plaintiffs pray for relief to terminate all rights which Defendants and fheir heirs, administrators, executives, devisees and assigns and all persons claiming under them may have, had or have in the premises and also the following: a,) That the Court declare that the Plaintiff have the full and free use and fee simple title of said premises released and forever discharged of any right, lien, title or interest in the premises that the Defendants may have; and, b.) That all adverse claims to said real estate property be determined by a Decree of this Court; and, -. " ". '. <, l1i+. c.) That said Decree permanently enjoined Defendants, each of them, and all persons claiming by, through, and under them, from asserting any adverse claim to Plaintiffs' title to said property; and, d.) For costs of this action; and, e,) For other such relief as the Court deems just and proper. Date: J I.oL ~ ~\ 'ZO<JQ ~ Michael J. Pyk h Law Office of Darrell C, Dethlefs P,O, Box 368 3805 Market Street Camp Hill, PA 17001-0368 (717) 975-9446 Attorney I.D, 58851 Attorney for Plaintiffs ,-- ' '-'I WILLIAM F, ROTHMAN, CHARLES F. : IN THE COURT OF COMMON PLEAS SCHUBERT, and SAMUEL L. REED Vb/d/a : CUMBERLAND COUNTY, ROTHMAN, SCHUBERT and REED : PENNSYLVANIA REALTORS PROFIT SHARING PLAN, . . Plaintiffs v. DAVID R. BOBB, SANDRA L. BOBB, and CHRISTOPHER A. BARCLAY, Defendants : NO. 2000-3381 : ACTION IN QUIET TITLE VERIFICATION I hereby verify that the statements of fact made in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief, I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C, S, Section 4904, relating to unsworn falsification t, , uthorities, Date: ~ CPlARLES F, ERT Rothman, Schubert and Reed Realtors Profit Sharing Plan . -f /' AGREEMENT THIS AGREEMENT made this 31st day of August, 1988, by and between DENNIS E. and KARYN T. GERKIN, his wife, of Cumberland County, pennsylsvania, parties of the first part, hereinafter called "Vendor" and WILLIAN F. ROTHMAN, CHARLES F. SCHUBERT and SAMUEL L. REED, t/a/d/a ROTHMAN, SCHUBERT AND REED, REALTORS, PROFIT SHARING PLAN, a licensed pennsylvania real estate corporation, having its principal place ,of business at 600 Lemoyne Square, Lemoyne, Cumberland County, pennsylvania, part of the second part, hereinafter called "Vendee". WITNESETH: The parties hereto indending to be legally bound hereby, do hereby declare, promise and agree as follows: 1. Vendor is the owner in fee simple of all that certain tract of land situate in the Township of North Middleton, Cumberland County, pennsylvania. (See Exhibit "A" attached hereto and made part hereof) 2. Vendor simultaneously herewith has execcuted, acknowledged and delivered to Vendee a general warrenty deed in fee simple for said premises with the consideration and the names of the Grantees in blank. ( BOOK 35,1 PACE 663 1 c \- \~-, L' ~ A " 3. Vendee is hereby irrevocably authorized to insert the names of itself or any nominee that it may select and insert whatever consideration Vendee elects and deliver said deed to Vendee or the nominee(s) of Vepdee with the same force and effect as if it were done at the time 'hereof by Vendor, and to do every act, and deed in their name and stead deemed advisable to effect proper 'conveyance of the said premises and to make any changes in said deed Vendee deems advisable. 4. All monies received for the delivery of the said deed by Vendee shall be the sole property of Vendee whether or not the Vendee makes a profit or loss, and any such loss shall be borne by Vendee. 5. Vendor does hereby acknowledge having received all monies due them from Vendee for their interest in the above described premises. 6. Vendee, its nominees, tenants and to possession of the said premsies as entitled hereof. assigns, of the are date 7. Vendee shall pay all tax billinga, mortgage payments, sewer and water assessments and insurance premiums after the date hereof involving the said premises. More specifically, Vendor shall maintain a fire-hazard insurance policy with coverage of at lease $52,440.00, with endorsements for Vendee as their interest may appear. J BOOK 354 PACE 664 2 6. Vendor hereby agrees to pay over to Vendee any and all profits from insurance policies from the date hereof, insuring the premises for fire-hazard conditions. Said profits shall become the sole property of Vendee. 9. This Agreement shall be binding upon the parties hereto, their heirs, successors and assigns. IN WITNESS WHEREOF, we hereunto set our hands and seals the day and year first above written. WITNESS: g;. ()~. .,. (l.l "- I ,~_/)V>L-(,~ Co, /~ ' -oENNIS E. GERKIN I \ ......J . "-KOk' ,,) c-l -<:Nil' r,~ KARYN;IT. GERKIN by: SAMUEL L. REED ATTEST: by: by: Secretary BOOK 354 PACE 665 3 ." EXHIBIT "A" ALL THAT CERTAIN lot or tract of ground situate in North Middleton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the Eastern right-of-way line of Pheasant Drive North at the dividing line of Iots .57 and 58 as shown on a final subdivision plan of Pheasant Run Estates, Phase II and Phase III, recorded in Plan Book 29, Page 7/ thence by aforesaid Eastern right-of-way line, North 06 degrees 49 minutes 39 seconds East 18.00 feet to a point on the Southern line of Lot #56: thence by aforesaid line South 83 degrees 10 minutes 2l seconds East 140.00 feet to a point on the Western line of Lot *55: thence by aforesaid line South 06 degrees 49 minutes 39 secconds West 18.00 feet to a point on the Northern line, of Lot .58/ thence by aforesaid line, North 83 degrees 10 minutes 21 seconds West 140.00 feet to a point, being the place of BEGINNING. BEING Lot *57 on a final subdivision plan of Pheasant Run Estates, Phase II and Phase III, recorded in Plan Book 29, Page 7. BEING known and numbered as 1133 Pheasant Drive North, Carlisle, PA. TOGET~ER with the right to pass repass for ingress and egress in common with others over the roads as shown on said plan to and , from the lot herein conveyed. BEING subject to a Declaration of Miscellaneous Book 242 at Page 834. Covenants filed in BEING further subject to easements of record. AND BEING part.of a certain tract of ground which Cambria savings and Loan Association, a Pennsylvania Corporation, by its deed dated July 27, 1982, and recorded in the Recorder's Office in and for Cumberland County in Deed Book OW", Volume 29, Page 32 granted and conveyed unto Dennis E. Gerkin and Karyn T. Gerkin, his wife, the Grantors Herein. BOOK 354 PACE 666 1 STATE OF PENNSYLVANIA COUNTY OF Cu"",b.mln"d SS " On this, the 31",1 day of ()4wJ undersigned officer, personally , 1988, before me, the known to me, (or satisfactorily proven) name(s) are/is subscribed to the within instruments, and acknow ledged that -the~ therein contained. executed the same for the purposes IN WITNESS WHERE0F, I hereunto set my hand and official seal. My Commission expires: t,'/~9:) . alAR\ VUIH.lC t(~liC'( l I\Uu,)l,tl. ~ RlAKO COlJlm tAMP "'ll 8UM, i::':is JUKE \, \991, MV COMMISS\OR . ialion 01 Hot1IlU Member. Panniyl'4anll #.SSO( ,.lll,,"I>'..~. J, ", . .~",~ C {\ d.: ;;( 1;'11, L/}1 ~~\I\,........~,.,< !Ii.... ._ 'j ....' ~ - ~~. ~ -:... ~ "~'.- Notarya,u C..: !,"1"'>"~'t'" ~~ '. J. .. ""'0'''1. 0-, I' '!.t. ,- ,..~ ..-;:; ,J; .'i"'!.. - "', : J"~:: (S )..I.-'r).lr;~Q'.~~?"'. D ' '. ~ \' ~~'''''' ...'j t ' ~ ,,";t:. ....,'.,J"..l\. .'~ ~ ':..,') 'I; oJt'...\.... ..~.. ."...,J,~,..~........".\'lo..~ . ~I, If'" ),v.,.... "'"""',,,,,. .' ~", .: . . ... . ' ".' ~ <:0 "'" ~ ::? ~: .'- .....J ,~ ".; !'l"'" _.'~ ;i; -~ .~\ r:; C' r:: ".J " 0,'"" ,', .," . '.;oill ..'. . ~t,lte ot:'Pcnn.SYlya..rl.l~r~: 'C~';:"\\~'~ - . COllnl)' of aUm~\l(jiin(\,.;i\ ,W,~ ,"', Reco/dedJ~M..o'iflca ior the recording of OCtuS :~J~~d"~rCumb"~la'ld,cpunty, Pa. 6 , 'll'-l,.~::(.!.."...i"~' 'P.sge /' " .. .~~.,. ~ - wllne' s m~ ha~.~~d seal of II e, at Po' Carlisle, ;1),";' " ' !J 0 , ; ',. , . ..~ . La ~i' ~ :~:'.! . ~ ~'; II ~"I I' I _'~ ~~ ':1 ':;-1 ~ _"v....: ,~. r~ w -0 ~I,' Recorder . B'OOK 354- PACE 667 11.12.98 INSTALLMENT AGREEMENT OF SALE THIS IS AN Agreement made this J3+'dayof NIJV'e..-.~ ,1998, by and among William F, Rothman, Charles F, Schubert, and Samuel L. Reed, t/a/d/b/a Rothman, Schubert & Reed, Realtors, Profit Sharing Plan, with its principal place of business at 355 North 21st Street, Camp Hill, Cumberland County, Pennsylvania (hereinafter "Seller"), and David R, Bobb and Sandra L, Bobb, husband and wife, and Christopher A. Barclay, of 1133 North Pheasant Run Drive, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Buyer") , WITNESSETH: WHEREAS, Dennis E, Gerkin and Karyn T, Gerkin, his wife, (hereinafter referred to as "Gerkins") are the legal owners of the premises located at 1133 Pheasant Run Drive, Carlisle, Cumberland County , Pennsylvania, as more particularly set forth in a Deed dated July 27, 1982 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book W Volume 29 Page 32, which said real estate is ~ore fully described in Exhibit "A" attached hereto (hereinafter the "Premises"); and WHEREAS, Gerkins by agreement dated August 31, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 354 Page 663 (hereinafter referred to as the "Agreement") conveyed equitable title to the Premises, to "William F. Rothman, Charles F. Schubert and Samuel L, Reed, t/a/d/a Rothman, Schubert and Reed, Realtors, Profit Sharing Plan, a licensed Pennsylvania real estate corporation" (hereinafter "Designated Vendee") ; WHEREAS, the Agreement erroneously designated the Designated Vendee as a corporation when in fact it is a partnership owned pension plan, being the Seller herein; and WHEREAS, Seller agrees to assign any and all of its rights, title, and interests it has in the Agreement and to sell the Premises and Buyer agrees to purchase the Premises with improvements thereon under the terms and conditions hereinafter set forth with Buyer to receive title in the Premises, as follows: David R. Bobb and Sandra L, Bobb, husband and wife, having an undivided two-thirds interest in the premises, to be held as j oint tenants with right of survivorship with Christopher A, Barclay, who shall have a one- third undivided ownership interest in the Premises, NOW, THEREFORE, the parties hereto, intending to be legally bound, hereby, agree as follows: c~~R - - -",'-., .....,j 1, RECITALS. The recitals set forth above are incorporated herein by reference. 2_ PROPERTY. Seller agrees to assign its rights, title, and interest in the Agreement and to sell to Buyer and Buyer agrees to purchase from Seller the Premises more particularly described in Exhibit "A" together with all improvements pertinent thereto and forming a part thereof, ], PURCHASE PRICE, In consideration whereof, Buyer agrees to pay to Seller the sum of SEVENTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($72,SOO,00) as follows: EIGHTEEN THOUSAND ONE HUNDRED TWENTY- FIVE DOLLARS ($18,125,00) upon execution of this Agreement of Sale, the receipt of which is hereby acknowledged by Seller, and the balance of FIFTY-FOUR THOUSAND THREE HUNDRED SEVENTY- FIVE DOLLARS ($S4, 3 7S, 00) in monthly installments of FOUR HUNDRED THIRTY-SEVEN and Sl/100 DOLLARS ($437.S1) with said monthly installments to be applied first to interest at the rate of nine per cent (9%) per annum on the unpaid balance of principal, and the remaining portion of each installment to reduction of principal, said monthly installments to be paid on or before the first day of each month beginning January 1, 1999; said monthly installments to continue until December 1, 2000 (hereinafter "Final Settlement"), at which time Buyer shall then pay in full to Seller the remaining unpaid balance of principal and any accrued interest and any late charges or amounts due to Seller by Buyer at which time Seller shall convey to Buyer good and marketable title in fee simpl~ general warranty deed, For any payment that is fif.teei:((lS), I days late, there shall be assessed a five per cent( (5%)~~' charge, Pending Final Settlement, the deed for conv~nce of title to Buyer shall be held in escrow with Christopher C. Houston, Esquire, to be delivered upon Final Settlement to Buyer. 4, PAYMENT OF TAXES. Buyer shall be responsible to pay all taxes to include, but not be limited to, township, county, and school district real estate taxes on account of the premises described in Exhibit "A", Buyer shall pay to Seller to be placed in escrow with Seller the sum of ONE HUNDRED TEN DOLLARS ($110,00) per month payable in conjunction with the monthly payment of principal and interest, for purposes of payment of property taxes when they come due, Any balance remaining in escrow upon Final Settlement shall be credited toward the purchase price. Real estate taxes for the current year of taxing authority shall be prorated between the parties as of the date of execution of this Agreement. ~ . .- ,-" ~... 5, FINAL SETTLEMENT. It is agreed by and among the parties that final settlement shall be held on December 1, 2000. Seller agrees that at the time of final settlement, Seller shall furnish to Buyer, upon payment of the principal balance and accrued interest and any late charges or amounts due to Seller by Buyer, a general warranty Deed conveying good and marketable title to the property to the Buyer, free and clear of all liens, encumbrances, easements EXCEPTING HOWEVER, the following: Existing building restrictions, ordinances, easements of roads, privileges or rights of public service companies, if any; or easements or restrictions visible upon the ground, otherwise the title to the above-described real estate shall be good and marketable or such as will be insured by a reputable title insurance company at the regular rates, Further, real estate transfer taxes, if applicable, payable upon transfer by Deed will be paid as follows: one per cent (1%) of the consideration in this agreement by Buyer and the balance of any transfer taxes due to be paid by Seller, unless Buyer assigns its interest to a third party in which case Seller shall pay no such taxes, 6. EXISTING OR FUTURE ENCUMBRANCES, Seller will not grant or permit to arise any encumbrances, liens or judgments against said property in excess of the balance due to be paid under this Agreement; however, in the event the amount due on any encumbrances, liens or judgments does exceed the balance due under this Agreement, Buyer is given the right to make payment directly to the encumbrance, lien or judgment holder. Further, Seller agrees that Seller will not, without the prior written consent of Buyer, encumber or allow to be encumbered the subject real estate on or after the date of the execution of this Agreement. Seller shall further cause to be paid when due the mortgage given by Gerkens to First United Federal, further assigned to Atlantic Mortgage Investment Corporation, with said mortgage being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Mortgage Book 841 Page 755. 7, RISK OF LOSS. Destruction of, or damage to, any building or other improvements now or hereinafter erected or to be placed on the subject property, whether said damage or destruction is caused by fire or other casualty, shall not release Buyer from any of Buyer's obligations under this Agreement, it being expressly understood by and between the parties that Buyer shall bear all risk of loss to or damage to the subj ect property on or after the date of this' Agreement, .~-, .- -~ ' , , 8, INDEMNITY AND INSURANCE. Seller shall obtain personal injury liability insurance with the liability limit of not less than Two Hundred Fifty Thousand Dollars ($250,000,00) per occurrence with a liability limit of Five Hundred Thousand Dollars ($500,000.00) in the aggregate insuring against all liability of Buyer and Seller and their authorized representatives arising out of and in connection with Buyer's use or occupancy of the premises, Buyer shall be named as additional insured on said public liability insurance policy. Buyer shall pay to Seller to be retained in escrow with Seller TWENTY DOLLARS ($20,00) per month payable in conjunction with the payment of principal and interest to be retained in escrow by Seller for purposes of making payment on any renewals of the hazard insurance, The balance in escrow at final settlement shall be credited toward the purchase price, Seller agrees to cause to be paid from escrow all premiums to maintain fire and extended coverage insurance on the subject property, Seller shall maintain said insurance from the date of this Agreement until final settlement in an amount of at least full replacement value on the building with the coverage to be increased upon renewal in accordance with the insurance guidelines, Such policy or policies of insurance shall contain provisions that any proceeds shall be payable to the mortgagee, if any, Seller and Buyer, as each of their respective interests may appear, and such coverage or coverages shall not be canceled or al tered without giving thirty (30) days prior written notice to Seller and getting Seller's written approval thereto. Buyer shall hold Seller harmless from all damages arising out of any damage to any persons or property occurring in, on, or about the premises, 9, PROPERTY MAINTENANCE, Buyer shall, at Buyer's own cost and expense, maintain the subject property, buildings and improvements thereon in an as good an order, condition, and repair as they are on the date of this Agreement, reasonable wear and tear excepted, In the event of Buyer's default under this provision, in addition to the other remedies reserved to Seller's hereunder, Buyer promises and agrees to pay the cost of restoration of the premises to the original condition, Buyer shall comply with housing code standards, fire, safety, or other governmental requirements now in effect or hereafter enacted that involve the subject property if required to do so, and shall promptly pay any and all assessments or other charges levied against the property by any governmental body, Buyer shall be responsible for the payment of any municipal ~ I '_ ,J . ~, ~ - "', assessment against the subject property, except those, if any, resulting from work done or ordered to be done by the municipality prior to the date hereof, and any such assessments which Buyer is required to pay shall not be deemed an encumbrance on the title agreed to be conveyed hereby, Buyer shall not remove or permit the removal from the property of any building or other improvement located thereon without the consent of the Seller in writing, nor shall Buyer commit or permit to be committed any waste in the property or any building or any improvement thereon. Buyer will not renovate, remodel or alter any building or improvement now or hereafter situate on the property, or construct any additional building, buildings, or improvements on the property without first giving written notice and submitting plans for renovation, remodeling or construction to the Seller and getting Seller's approval, in writing, for such plan, Seller hereby agrees that said approval will not be unreasonably withheld. Buyer shall indemnify and hold the Seller and the property of Seller, including the Seller's interest in the property, free and harmless from liability from any and all mechanic's liens or other expenses or damages resulting from any renovation, alteration, building repairs, or other worked placed on the property by Buyer, 10. TAXES. ASSESSMENTS AND UTILITIES. Seller shall cause to be paid timely from the funds retained in escrow all real estate taxes, charges and assessments (including benefit assessments) assessed and levied upon the subject property as of the date hereof. It is nonetheless Buyer's ultimate responsibility that all real estate taxes, charges, and assessments shall be paid, Further, Buyer shall pay all utilities, including but not limited to, heat, water, sewage, light, fuel and other expenses in connection with the operation and maintenance of the property, 11. ENCUMBRANCE BY BUYER. Buyer's equitable title in the subject real estate, or any part hereof, shall not be pledged or encumbered by Buyer , in any manner whatsoever, without the prior written consent of Seller, Buyer shall indemnify and hold Seller harmless from any loss sustained by Seller in the event the Buyer shall pledge or encumber the subj ect real estate without the prior written consent of Seller. 12. ASSIGNMENT. Buyer shall not have the right to assign this Agreement or all or any part of their right, title and interest herein, without the prior written consent of Seller, Seller shall have the right to assign this Agreement or any or all of its right, title and interest therein, -" ~.~ 13 , DEFAULT, P.ayment of all monies becoming due hereunder by Buyer and the performance of all covenants and conditions of this Agreement to be kept and performed timely by Buyer are conditions precedent to the performance by Seller of covenants and conditions of the Agreement to be kept and performed by Seller, In the event that Buyer should fail for a period of thirty (30) days after written notice by Seller to make any of the payments required by this Agreement, or should Buyer fail to comply with any of the covenants or conditions of this Agreement on Buyer's part to be performed, Seller's sole remedy shall be to retake possession of the premises, in which case the amount already paid shall be considered liquidated damages and not a penalty, The thirty (30) days' written notice requirement shall also apply to any default hereunder to include the payment of monies due as well as other than the payment of monies due, In case of buyer's default, Seller may proceed by action of ejectment on this Agreement after default made as aforesaid for recovery of said premises; in such case, Buyer hereby authorizes and empowers any attorney of any Court of record in the Commonwealth of Pennsylvania, or elsewhere, to appear for Buyer and confess judgment of ejectment, and authorize the immediate issuing of a Writ of Possession and Execution (without asking leave of Court) for the costs, waiving all stay and exemption laws, 14, INSPECTION. Seller may make or cause to be made reasonable entries upon inspection of the Property described in Exhibit "A," provided that Seller shall give Buyer notice prior to any such inspections, IS, SELLER'S WARRANTY AND MUNICIPAL CLAIM. Seller warrants that no notice of any governmental authority has been issued or served upon the subject property or any occupancy thereof or upon the Seller or agents of Seller prior to the signing of this Agreement calling attention to any violation of any building, fire, safety, or other ordinance or requirement or calling attention to the need for curbing, recurbing, paving, repaving, or other construction or improvement on or about the subject property or removal of any nuisance_ No municipal or other governmental improvements affecting the subject property are, as of the date of this Agreement, in the course of construction or installation and to the best of the knowledge of Sellers, no such improvements have been ordered to be made. Buyer shall be responsible for the payment of any municipal assessment against the property except those, if any, resulting from work done or ordered to be done by any '. "",,- municipality prior to the date of this Agreement. Any such assessment which Buyer is required to pay shall not be deemed an encumbrance on the title agreed to be conveyed by the terms of this Agreement. 16, NOTICES. All notices or other communications, pursuant thereto, to any party shall be in writing and shall be deemed given when delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the parties at the addresses set out below, or at such other addresses provided for by notice complying with this paragraph, except that any of the monthly payments being made to Seller need not be forwarded by return receipt requested: To Seller: 355 North 21st Street Camp Hill, PA 17011 To Buyer: 1133 North Pheasant Run Drive Carlisle, PA 17013 17, CONDEMNATION. To Seller's knowledge there are no pending or threatened or contemplated condemnation or similar proceedings or assessments affecting .any part of the Property. In the event of a total taking of the property, the Seller shall be entitled to that portion of the proceeds equal to the sums due and owing to Sellers and payable to Buyer in accordance with the terms and conditions of this Agreement, with the excess, if any, to be paid to th~ buyer, If the proceeds are less than the remaining sums payable under this Agreement, Buyer shall remain liable hereunder for the balance, In the event of a partial taking of the Property, unless Seller and buyer otherwise agree, in writing, there shall be applied. to the sums due under this Agreement su~h proportion of the proceeds as equal that portion which the amount of the sums due under this Agreement immediately prior to the date of taking bears to the purchasing price hereunder, with the balance of the proceeds paid to Buyer, 18. POSSESSION. Buyer shall be entitled to possession of said Property immediately upon the signing of this Agreement. 19. BUYER'S OPTION TO TAKE TITLE, In the event Seller is unable to give a good and marketable title subject to the previous conditions of title referred to hereinabove, Buyer shall have the option of taking such title as Seller shall give, without abatement of price, or of being repaid all monies paid by Buyer to Seller on account of the purchase price, together " -'I It>!;; , with such reasonable costs of searching title as Buyer may have incurred. In the latter event, there shall be no further liability or obligation as to either party concerning this Agreement, which thereafter shall be null and void, 20. LITIGATION. Should any litigation be commenced between the parties hereto concerning said Property, this Agreement, or the rights and duties of either in relation thereto, the party, 'Buyer or Seller, prevailing in such litigation, shall be entitled in addition to such other relief as may be granted, to a reasonable sum as and for the party's attorney's fees in such litigation which shall be determined by the Court during such litigation or in a separate action brought for that purpose, 21. ENTIRE AGREEMENT, This ie the entire Agreement by and between the parties hereto and this Agreement shall be binding on and shall inure to the benefit of the successors, heirs, personal representatives and assigns of the parties hereto, Nothing in this paragraph shall be construed as a consent by Seller to any assignment of this Agreement, 22, WAIVER, The waiver of any breach of this Agreement by either party shall not constitute a continuing waiver or a waiver of any subsequent breach, of either the same or another provision of this Agreement. 23, RECORDINGS, hereto that the Recorder the Buyer. 24 ,MODIFICATION. No modification of this Agreement shall be binding upon the parties her~to unless the same shall be in writing and duly executed by the Buyer and the Seller. It is understood by and between the parties this Agreement may be recorded in the Office of of Deeds of Cumberland County at the expense of IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, hereunto set their hands and seals te day and year first above written, ~ SELLER Rothman, Schubert & Reed, Realtprs, Profit Si+.arin(f Pljin .'! /'" , , , / G"'-.. ' A./ L / - ' ,,--~-z::--_. William F, RO\hman WITNESS . ~\,rP- fJ..'> ~~~ C~e;~ Samuel L, Reed ' WITNESS BUYER r~R-a.# DAVID R, BOBB I} , -?~Dfi '<1~B'/ , . ~~d' A,. ' t>-> " ~ f).1 7 ~i's~1Ll"fIt f.( 15"",-, /i'.to b./ C OP R A, BARCLAY , / , / :/ COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND , ,0 On chis, che/'3 day of MVQYnb~- , 1998, before me, Che undersigned officer, personally appeared William F, RoChman, Charles F, SchuberC, and Samuel L, Reed, known to me (or sacisfaccorily proven) Co be Che persons whose names are subscribed Co che wichin instrumenc, and acknowledged ChaC Chey execuCed Che same for che purpose cherein concained. IN wITNESS WHEREOF, I have hereunco~sec m ha~d :}, noCarial seal. ~ JJ "- ',JJr /.:l/' No ary Public -=tt N_rSMI K.....F,a_-,~ Ca"'", ""0. ~__"".4 ~ P. My Com...._ e-. _'1,'_ "I' ,~ ....... - . . COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND On this, the if day of MVe~1Jl.C" ~998, before me, the undersigned officer, personally appeared David R. Bobb and Sandra L. Bobb, known to me (or satisfactorily 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 .......... S4eI K.....nF,8.......~P'IllbIc Car1lsi11 &cwo. C~ CouIIIr. P" My Comm"." ~ M..c:h 1&. 111I hereunto set my hand and notarial seal. ~~50r"~~ No ary Public COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CIMBERLAND On this, the / ~ day of M V~';>?-zJ,-"-<r ~998, before me, the undersigned officer, personally appeared Chrisr.opher A. Barclay, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set m hand, and notarial seal. .._ Sool ~F,S""'''''''''_ C__1Ie 110I0. CunlA......4 c-.ry. PA My C-__ ....... M_ 111, ,.. N ~ary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND Office I Page for Recording of Deeds in and for Cumberland County, in Recorded in the Misc. Book Witness my hand and seal of Office this day of , ~997, ---.--.------ Recorder , ' ~^,t ( , F,XIlIBlT "A" AJ.L THAT CERTAIN lot or tract of ground 51 tuate in Nort-,h Midd let,on Township, cumber land Count,y, Commonweal Lh of Ponnsylvania, more particularly bounded and described as follows to wil::: BEGINNING at a point. on the Eastern right-of-way Une of: Pheasant Drive North at the dividing line of lots #57 and 58 as shown on a final subdivision Plan of Pheasant Run E5t~ates, Phase II and Phase III, recorded in Plan Book 29, Page 7; thence by aforesaid Eastern right-of-way line, North 06 degree.s 49 minutes 39 seconds East: 18.00 feet. to a point on the Southc:rn line of Lot #56: thence by a.coresaid line South 83 degrees 10 ",Jno","'s 21 seconds East. 140.00 feet. to a point on the Western line of Lo~, '55, t:hene" by afor"'said line Sout_h 06 degrees 49 minutE'S 39 sC'cconfIs Wes~ 18.00 feet to a point on the Nor~hern 1in~ of Lot i58; t:.hellee by aforesaid 11ne, North B3 degrees 10 minut.es 21 seconds West 140.00 feel Lo a point, being Lhe place of UeGINNING. f.II'; ll~(; Lot. Esl.al.es, 7, #57 on a final subdivision plan of Pheasant. Phase II and Phase III, recorded in Plan Book 29, nun PaqE' lll;JN(; known and numbered as 1133 Pheasant. D.t'ivl' Nux.t.b, Ci'lJ:Ji51~, 1'1\. 'J'OC:l:;'I'llk;H wit.h the right: to pass repass for ingrl.'ss and E'gl:ess in C'ommon wilch olher.s over the roads as shown on said plan t.O ond flom t.h" lot llen'in conveyed. RR1NG subject to a Declaration of M\scPllan.uus Hook 242 at Page 834. Covenants f 1.1 ed in BEING further Subject to easements of record. AND BEING part of a certain tract of ground which Cambria Savings and Loan Association, a Pennsylvania Corporation, by its deed dated July 27, 1982, and recorded in the Recorder's Office in and fur Cumberland County in Deed Book .W., Volume 29, Page 32 qran"~d and conveyed unto oennis E. Gerkin and Karyn T. Gerkin, Iii s wIfE', 1:11e Grantors Herein. . -~ - Iliili_liIjj"':lE~ . ~ . COMMONWEALTH OF PENNSYLVANIA GOUNTY OF: CUMBERLAND 09-2-01 NOTICE OF JUDGMENTfrRANSCRIPT PLAINTIFF RESIDENTIAl::. LEASE rc. NAME and ADDRESS ROTHMAN, WILLIAM F, ET AL. I POBOX 188 CAMP HILL. PA 17011 L ~ VS. DEFENDANT: NAME and ADDRESS fBOBB, DAVID R, ET AL. 1133 N PHEASANT RUN DR CARLISLE, PA 17013 L I Mag. Dist. No.: OJ Name: Hon. PAULA P. CORREAL 'Add,e", EAST WING - COURTHOUSE 190.URTHOUSESQUARE CARLISLE:' 'PA . ,,' Teleph"" (717) 240 - 6564 17013 - 0000 ATTORNEY FOR PLAINTIFF , MICHAEL J. PYKOSH POBOX 368 CAMP HILL, PA 17011 ~ Docket No,: LT- 0000507 - 99 Date Filed: 9/28/99 THIS IS TO NOTIFY YOU THAT: Judgment:' FOR PLAINTIFF [!JJUdgment wasentered,for:.'., (Name).",' ROTHMAN,,' WILLIAM- Fi -ET' AL. r::l Judgment was entered against BOBB, SANDRA L i.XJ Landlord/Tenant action in the amount of $ 2.566.65 on 10/11/99 The amount of rent per month, as estabiished by the District Justice, is $ in a , (Date of Judgment) 567.51. The total amount of the Security Deposit is $ .00, Rent in Arrears Total Amount Established by OJ ' Less Security Deposit Applied = Adjudicated Amount $ 2.470.00 -$ ,.00 = $ 2.470.00 Physical Damages Leasehold Property $ .00 -$ .00 = $ .00 Damages/Unjust Detention . $ .00 $ .00 - $ 00 -. o Attachment Prohibited/ Less Amt Due Defendant from Cross Complaint -'- $ .00 , Victim of Abuse (Act 5, 1996) Interest (if provided by lease) $ _00 UT Judgment Amount $ 2.470 00 o This case dismissed without prejudice, Judgment Costs $ 96 6'i o Possession granted, Atiorney Fees $ ,00 Total Judgment $ 2,566.65 [!] Possession granted if money judgment is not satisfied by time of eviction. o Possession not granted, 0 Defendants are jointly and severally liable, D. Levy is stayed for _~ .days or 0 generally stayed, o Objection to Levy has been filed and hearing will be held: Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL A JUDGMENT INVOLVING A RESIDENTIAL LEASE AND AFFECTING THE DELIVERY OF POSSESSION OF REAL PROPERTY WITHIN 10 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, IN ORDER TO OBTAIN A SUPERSEDEAS, YOU MUST DEPOSIT WITH THE PROTHONOTARY THE LESSER OF 3 MONTHS RENT OR THE RENT ACTUALLY INARFlEARS ON THE DATE THE APPEAL IS FILED, ' ' ' IF YOU WISH TO APPEAL THE Mp.NE'{PoRTION)ONLY OFA,JUDGM~plT-INVOLVING A RESIDENTIAL LEASE,.YOU HAVE 30 DAYS AFTER THE DATE OF ENTRY,/0F JUDGMENT I WHICH TO Flu: A NOTICE OF APPEAL WITH THE PROTtjONOTARY/CLERK OF COURTS OF THE COURT OF COMMON VLEAS, CIVIL DIV ON, / / /' ,',' YOU MUST INCLUDE A C Y OF THIS N CEiOF JUDGM T/TRANSC PT FORM IJ'H YOUR NOTICE OF, APPEAL, -;Aft.~~ ~Jv.-/; / :,,' ,DlstrictJustic~. correc co~y ,0 tne ~ ~, / e proce mgs contalnmg t e lU gment . .- ""R'--...--L::L V J].''v-_:' , District Justice- My commission expires fir onday of January, 2000, I I A(jpr,-:3.1F;A.AQ C ~'l._~ I:!: n " ""'SE"L ,,,,,,< .f7:h'," I r " ~ - ..,;- ~ ";<: . WILLIAM F. ROTHMAN, CHARLES F. : IN THE COURT OF COMMON PLEAS SCHUBERT, and SAMUEL L. REED Vb/d/a : CUMBERLAND COUNTY, ROTHMAN, SCHUBERT and REED : PENNSYLVANIA REALTORS PROFIT SHARING PLAN, Plaintiffs v, : NO. 2000-3381 DAVID R. BOBB, SANDRA L. BOBB, and CHRISTOPHER A, BARCLAY, Defendants : ACTION IN QUIET TITLE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice have been served, To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the Defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgment for any money claimed in the complaint or for another claim required by the Plaintiff may be entered against you in Court without further notice. You may lose money, property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 , t" NOTlCIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuastas en las paginas siguientes. usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones alas demandas en contra de su persona. Sea avisdao que si usted no se defiende. la corte tomara medidas y puede entrar una orde contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIAMENTE, SI NO TIENNE ABOGAD 0 SI NO TlENNE EL DINERO SUnCIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA 0 LLAME POR TELEFONE A LA onCINA CUYA PUEDA CONSEGUIR ASSISTENCIA LEGAL: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle. PA 17013 (717) 249-3166 Date: 7/ 3100 I I Michael J, P. os. Esquire Attorney I.D, 58851 3805 Market Street P.O. Box 368 Camp Hill. PA 17001 (717) 975,9446 TRUE ("A)PV FROM RECORD lfi T!l8timOOY w\1'€lrnof. I hafa L1rrtO set my MOO a~ ltPIl ooaI rri saki Coort Cartlsle~ Thlll!JJ ~ ,< ,~ . . WILLIAM F, ROTHMAN; CHARLES F, : IN THE COURT OF COMMON PLEAS SCHUBERT, and SAMUEL L. REED tlb/d/a : CUMBERLAND COUNTY, ROTHMAN, SCHUBERT and REED : PENNSYLVANIA REALTORS PROFIT SHARING PLAN, Plaintiffs Y. : NO. 2000-3381 DAVID R, BOBB, SANDRA L. BOBB, and CHRISTOPHER A, BARCLAY, Defendants : ACTION IN QUIET TITLE COMPLAINT AND NOW comes Plaintiffs, Rothman, Schubert & Reed Realtors Profit Sharing Plan, by and through their attorney, The Law Office of Darrell C, Dethlefs, in support of its Complaint, avers as follows: L Plaintiffs, William F, Rothma.n, Charles F. Schubert and Samuel L Reed tld/b/a Rothman, Schubert & Reed Realtors Profit Sharing Plan, have a business located at 308 East Penn Drive, Enola, Pennsylvania, 17025. 2, Defendants, David R. Bobb, Sandra L Bobb and Christopher A, Barclay, are adult individuals residing at 1614 Green Street, Harrisburg, Pennsylvania, 17102, 3. Plaintiffs, Rothman, Schubert & Reed Realtors Profit Sharing Plan, obtained equitable interest in the premises located at 1133 North Pheasant Drive, Carlisle, Pennsylvania, 17013, Parcel No. 29,17.1583,063 by the Agreement dated August 31, 1988 and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at miscellaneous Book 354, Page 663. 4. Plaintiffs and Defendants entered into an Installment Agreement of Sale dated November 13, 1988, recorded in the Recorder of Deeds Office for Cumberland County at Miscellaneous Book 594, Page 766, A copy of which is attached as Exhibit "A". 5, Whereas, Defendants breached the aforesaid Installment Agreement of Sale and Judgment in Possession was granted to Plaintiffs on October 11, 1999, a copy of the judgment is attached hereto as Exhibit "B", Said Judgment was not appealed by Defendants, WHEREFORE, Plaintiffs pray for relief to terminate all rights which Defendants and their heirs, administrators, executives, devisees and assigns and all persons claiming under them may have, had or have in the premises and also the following: a,) That the Court declare that the Plaintiff have the full and free use and fee simple title of said premises released and forever discharged of any right, lien, title or interest in the premises that the Defendants may have; and, b.) That all adverse claims to said real estate property be determined by a Decree of this Court; and, ~-~~ ,: c,) That said Decree permanently enjoined Defendants, each of them, and all persons claiming by, through, and under them, from asserting any adverse claim to Plaintiffs' title to said property; and, d,) For costs of this action; and, e.) For other such relief as the Court deems just and proper. Date: J I.\. ~ ~\ 'Zoro Michael J, Pyk h Law Office of Darrell C, Dethlefs P,O, Box 368 3805 Market Street Camp Hill, PA 17001-0368 (717) 975-9446 Attorney 1.0, 58851 Attorney for Plaintiffs '"" . WILLIAM F. ROTHMAN, CHARLES F. : IN THE COURT OF COMMON PLEAS SCHUBERT, and SAMUEL L, REED tlb/d/a : CUMBERLAND COUNTY, ROTHMAN, SCHUBERT and REED : PENNSYLVANIA REALTORS PROFIT SHARING PLAN, Plaintiffs Y. : NO. 2000-3381 DAVID R, BOBB, SANDRA L. BOBB, and CHRISTOPHER A, BARCLAY, Defendants : ACTION IN QUIET TITLE VERIFICATION I hereby verify that the statements of fact made in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief, I understand that any false statements therein are subjectto the criminal penalties contained in 18 Pa C, S, Section 4904, relating to unsworn falsification t , uthorities, Date: w- CPlARLES F. ERT Rothman, Schubert and Reed Realtors Profit Sharing Plan / ( --- - AGREEMENT THIS AGREEMENT made this 31st day of August, 1988, by and between DENNIS E. and KARYN T. GERKIN, his wife, of Cumberland County, Pennsylsvania, parties of the first part, hereinafter called "Vendor" and WILLIAN F. ROTHMAN, 'CHARLES F. SCHUBERT and SAMUEL L. REED, t/a/d/a ROTHMAN, SCHUBERT AND REED, REALTORS, PROFIT SHARING PLAN, a licensed Pennsylvania real estate corporation, having its principal place of business at 600 Lemoyne Square, L~moyne, Cumberland County, Pennsylvania, part of the second part, hereinafter called "Vendee". WITNESETH: The parties hereto indending to be legally bound hereby, do hereby declare, promise and agree as follows: l. Vendor Is the owner in fee simple of all that certain tract of land situate in the Township of North Middle~on, Cumberland County, Pennsylvania. (See Exhibit "A" attached hereto and made part hereof) 2. Vendor simultaneously herewith has execcuted, acknowledged and delivered to Vendee a general warrenty deed in fee simple for said premises with the consideration and the names of the Grantees in blank. BOOK 35,1 PACE 663 1 C \I;, \' t A - ~- - -,,~ ~')' 3. Vendee is hereby irrevocably authorized to insert the names of itself or any nominee that it may select and insert whatever consideration Vendee elects and deliver said deed to Vendee or the nominee(s) of Vepdee with the same force and effect as if it were done at the time hereof by Vendor, and to do every act, and deed in their name and stead deemed advisable to effect proper 'conveyance of the said premises and to make any changes in said deed Vendee deems advisable. 4. All monies received for the delivery of the said deed by Vendee shall be the sole property of Vendee whether or not the Vendee makes a profit or loss, and any such loss shall be borne by Vendee. 5. Vendor does hereby acknowledge having received all monies due them from Vendee for their interest in the above described premises. 6. Vendee, its nominees, tenants and entitled to possession of the said premsies as assigns, of the are date hereof. 7. Vendee shall pay all tax billings, mortgage payments, sewer and water assessments and insurance premiums after the date hereof involving the said premises. More specifically, Vendor shall maintain a fire-hazard insurance policy with coverage of at lease $52,440.00, with endorsements for Vendee as their interest may appear. ) BOOK 354 PACE 664- 2 ol , ~ . 8. Vendor hereby agrees to pay over to Vendee any and all profits from insurance policies from the date hereof, insuring the premises for fire-hazard conditions. Said profits shall become the sole property of Vendee. 9. This Agreement shall be binding upon the parties hereto, their heirs, successors and assigns. IN WITNESS WHEREOF, we hereunto set our hands and seals the day and year first above written. WITNESS, } /{ g;,. ()~. -.. (LI '- I 'C/)V'l,.{,~ C /::j. -DENNIS E. GERKIN I ~/' ,"1<.~lk'I') ~_CNi'Arl~ KARYN,IT. GERKIN bYI SAMUEL L. ATTEST: by: by: Secretary BOOK 354 PACE 665 3 r ~ ~ ...,.. -' ~ '...... '" - ~ EXHIBIT "A" ALL THAT CERTAIN lot or tract of ground situate in North Middleton Township, Cumberland County, Commonwealth of pennsylvania, more particularly bounded and described as follows to wit, BEGINNING at a point on the Eastern right-of-way line of Pheasant Drive North at the dividing line of lots #57 and 58 as shown on a final SUbdivision Plan of Pheasant Run Estates, Phase II and Phase III, recorded in Plan Book 29, Page 71 thence by aforesaid Eastern right-of-way line, North 06 degrees 49 minutes 39 seconds East 18.00 feet to a point on the Southern line of Lot *56: thence by aforesaid line South 83 degrees 10 minutes 21 seconds East 140.00 feet to a point on the Western line of Lot #55: thence by aforesaid line South 06 degrees 49 minutes 39 secconds West 1~.00 feet to a point on the Northern line of Lot #581 thence by aforesaid line, North 83 degrees lO minutes 21 seconds West l40.00 feet to a point, being the place of BEGINNING. BEING Lot #57 on a final subdivision plan of Pheasant Run Estates, Phase II and Phase III, recorded in Plan Book 29, Page 7. BEING known and numbered as 1133 Pheasant Drive North, Carlisle, PA. TOGETHER with the right to pass repass for ingress and egress in common with others over the roads as shown on ,said plan to and from the lot herein conveyed. BEING subject to a Declaration of Miscellaneous Book 242 at Page 834. filed in Covenants BEING further subject to easements of record. AND BEING part,of a certain tract of ground which Cambria Savings and Loan Association, a Pennsylvania Corporation, by its deed dated July 27, 1982, and recorded in the Recorder's Office in and for Cumberland County in Deed Book "W., Volume 29, Page 32 granted and conveyed unto Dennis E. Gerkin and Karyn T. Gerkin, his wife, the Grantors Herein. BOOK 354 P^CE 666 I , , \ STATE OF PENNSYLVANIA COUNTY OF eU.... bolKlnn d ss On this, the 31",) day of (J4w.A- officer, personally . 1988, before me, the known to me, (or satisfactorily proven) name(s) are/is sUbscribed to the within instruments, and acknowledged that -t he~ therein contained. executed the same for the purposes IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires: ~-/~9~ . Gl"tl" Pl.lll\.1C HAIiC'1' l liUI/,t/,[L. ~ LAND COUN1'f CAMP lIlll 80\ll}, ;1"::::: JUKE 1. \992, "1 COMMISSION. i1tion 01 HOUlllS If,mW', rUlnsy\vanlJ M$OC ,_,\1' ..,,,.., ~ I" '" .,\"\5~~ n d; ~ r./'i'I" ~ ~~",."'''''5t>-',;, ~ ,..:,.'\), ",>!, ',,:,-, nt('t.C. ..'..' ;,; Notarya,u, c'f7;'f,::-it.t't,~~' i,J!- .~O , ' h :\' 'J l! \~~L1{~!..P'''' f) J;l f '; ~t;...~ ..~l;,..' ~ ',;;r:. ......'J......,,".' ,'::0..: ,',." ") "j w. .0 v:. ....... ,i'~" .b.........,.-:.\~..... ,i' ....,,,,.0<- \,.,. . -W,I"ltW', ,,,;...... 1""11:...,.. .,", .1".. .1.,.,., ., C:a .,., ~ ,~;l =' J :..: ,'r, -": -"J(,",l .; I.' I :~., . ~ .il .. ':;".;' ... :: ~~; . ~~ ;'-, ...., .': '\11 ,"'" . ~l,l\e ol':'Penrl'SYIYa.,;.i~J.:>>~"c~",::':;';\~'~' . COLJnl}'"of OU/]~\lIiMa.~ p,~, ,,' Rec<:i!ded;j&ftttf<oi't)cs lor the redQrdlng ot Cacus a,\.:" .('~d'lor Cumba, rla'1d County, Pa. I~lj~~;vjji/;';:+"p~ge~h 3 w\tnil' ' m~ >h~n,.!\~d sea,! of Ii e, al Pc> Carllele, 'Il,~' " ' PO . ; i.' ~. . <.:l ,....\ ~ ,,'"'11., . ~i r :~; ...... I,) .'~ - ~ . VI .;;" t-" . .:, .;, ..0: .... :.. :.-: , f' ""0 ~l.: w Recorder '. BOOK 354 PACE 667 " 11.12,98 INSTALLMENT AGREEMENT OF SALE THIS IS AN Agreement made this ) 3 +, day of IV ove,,,,,,L ,1998, by and among William F, Rothman, Charles F, Schubert, and Samuel L, Reed, t/a/d/b/a Rothman, Schubert & Reed, Realtors, Profit Sharing Plan, with its principal place of business at 355 North 21st Street, Camp Hill, Cumberland County, Pennsylvania (hereinafter "Seller"), and David R, Bobb and Sandra L, Bobb, husband and wife, and Christopher A, Barclay, of 1133 North Pheasant Run Drive, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Buyer") . WITNESSETH: WHEREAS, Dennis E. Gerkin and Karyn T, Gerkin, his wife, (hereinafter referred to as "Gerkins") are the legal owners of the premises located at 1133 Pheasant Run Drive, Carlisle, Cumberland County, Pennsylvania, as more particularly set forth in a Deed dated July 27, 1982 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book W Volume 29 Page 32, which said real estate is more fully described in Exhibit "A" attached hereto.",(be;J:'ein",fcer the "Premises"); and WHEREAS, Gerkins by agreement dated August 31, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 354 Page 663 (hereinafter referred to as the "Agreement") conveyed equitable title to the Premises to "William F. Rothman, Charles F, Schubert and Samuel L. Reed, t/a/d/a Rothman, Schubert and Reed, Realtors, Profit Sharing Plan, a licensed Pennsylvania real estate corporation" (hereinafter "Designated Vendee") ; WHEREAS, the Agreement erroneously designated the Designated Vendee as a corporation when in fact it is a partnership owned pension plan, being the Seller herein; and WHEREAS, Seller agrees to assign any and all of its rights, title, and interests it has in the Agreement and to sell the Premises and Buyer agrees to purchase the Premises with improvements thereon under the terms and conditions hereinafter set forth with Buyer to receive title in the Premises, as follows: David R_ Bobb and Sandra L, Bobb, husband and wife, having an undivided two-thirds interest in the premises, to be held as joint tenants with right of survivorship with Christopher A. Barclay, who shall have a one- third undivided ownership interest in the Premises, NOW, THEREFORE, the parties hereto, intending to be legally bound, hereby, agree as follows: :~ - ...~-- 1. RECITALS, The recitals set forth above are incorporated herein by reference, 2, PROPERTY. Seller agrees to assign its rights, title, and interest in the Agreement and to sell to Buyer and Buyer agrees to purchase from Seller the Premises more particularly descr~bed in Exhibit "Au together with all improvements pertinent thereto and forming a part thereof. 3. PURCHASE PRICE, In consideration whereof, Buyer agrees to pay to Seller the sum of SEVENTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($72,500,00) as follows: EIGHTEEN THOUSAND ONE HUNDRED TWENTY- FIVE DOLLARS ($18,125,00) upon execution of this Agreement of Sale, the receipt of which is hereby acknowledged by Seller, and the balance of FIFTY-FOUR THOUSAND THREE HUNDRED SEVENTY- FIVE DOLLARS ($54,375.00) in monthly installments of FOUR HUNDRED THIRTY-SEVEN and 51/100 DOLLARS ($437,51) with said monthly installments to be applied first to interes~ at the rate of nine per cent (9%) per annum on the unpaid balance of principal, and the remaining portion of each installment to reduction of principal, said monthly installments to be paid on or before the first day of each month beginning January 1, 1999; said monthly installments to continue until December 1, 2000 (hereinafter "Final Settlement"), at which time Buyer shall then pay in full to Seller the remaining unpaid balance of principal and any accrued interest and any late charges or amounts due to Seller by Buyer at which time Seller shall convey to Buyer good and marketable title in fee simP:k-~ I general warranty deed, For any payment that is fi~lj (15). days late, there shall be assessed a five per cent( (5%j~Ce' charge, Pending Final Settlement, the deed for con~nce of ,title to Buyer shall be held in escrow with Christopher C. Houston, Esquire, to be delivered upon Final Settlement to Buyer. 4, PAYMENT OF TAXES, Buyer shall be responsible to pay all taxes to include, but not be limited to, township, county, and school district real estate taxes on account of the premises described in Exhibit "Au, Buyer shall pay to Seller to be placed in escrow with Seller the sum of ONE HUNDRED TEN DOLLARS ($110,00) per month payable in conjunction with the monthly payment of principal and interest, for purposes of payment of property taxes when they come due, Any balance remaining in escrow upon Final Settlement shall be credited toward the purchase price, Real estate taXes for the current year of taxing authority shall be prorated between the parties as of the date of execution of this Agreement. . > 5, FINAL SETTLEMENT. It is agreed by and among the parties that final settlement shall be held on December 1, 2000. Seller agrees that at the time of final settlement, Seller shall furnish to Buyer, upon payment of the principal balance and accrued interest and any late charges or amounts due to Seller by Buyer, a general warranty Deed conveying good and marketable title to the property to the Buyer, free and clear of all liens, encumbrances, easements EXCEPTING HOWEVER, the following: Existing building restrictions, ordinances, easements of roads, privileges or rights of public service companies, if any; or easements or restrictions visible upon the ground, otherwise the title to the above-described real estate shall be good and marketable Qr such as will be insured by a reputable title insurance company at the regular rates. Further, real estate transfer taxes, if applicable, payable upon transfer by Deed will be paid as follows: one per cent (1%) of the consideration in this agreement by Buyer and the balance of any transfer taxes due to be paid by Seller, unless Buyer assigns its interest to a third party in, .which case Seller shall pay no such taxes, 6, EXISTING OR FUTURE ENCUMBRANCES, Seller will not grant or permit to arise any encumbrances, liens or judgments against said property in excess of the balance due to be paid under this Agreement; however, in the event the amount due on any encumbrances, liens or judgments does exceed the balance due under this Agreement, Buyer is given the right to make payment directly to the encumbrance, lien or judgment holder. Further, Seller agrees that Seller will not, without the prior written consent of Buyer, encumber or allow to be encumbered the subject real estate on or after the date of the execution of this Agreement. Seller shall further cause to be paid when due the mortgage given by Gerkens to First United Federal, further assigned to Atlantic Mortgage Investment Corporation, with said mortgage being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Mortgage Book 841 Page 755, 7, RISK OF LOSS, Destruction of, or damage to, any building or oth~r improvements now or hereinafter erected or to be placed on the subject property, whether said damage or destruction is caused by fire or other casualty, shall not release Buyer from any of Buyer's obligations under this Agreement, it being expressly understood by and between the parties that Buyer shall bear all risk of loss to or damage to the subject property on or after the date. of this Agreement, 8, INDEMNITY AND INSURANCE, Seller shall obtain personal injury liability insurance with the liability limit of not less than Two Hundred Fifty Thousand Dollars ($250,000,00) per occurrence with a liability limit of Five Hundred Thousand Dollars ($500,000,00) in the aggregate insuring against all liability of Buyer and Seller and their authorized representatives arising out of and in connection with Buyer's use or occupancy of the premises, Buyer shall be named as additional insured on said public liability insurance policy, Buyer shall pay to Seller to be retained in escrow with Seller TWENTY DOLLARS ($20,00) per month payable in conjunction with the payment of principal and interest to be retained in escrow by Seller for purposes of making payment on any renewals of the hazard insurance, The balance in escrow at final settlement shall be credited toward the purchase price, Seller agrees to cause to be paid from escrow all premiums to maintain fire and extended coverage insurance on the subject property, Seller shall maintain said insurance from the date of this Agreement until final settlement in an amount of at least full replacement value on the building with the coverage to be increased upon renewal in accordance with the insurance guidelines. Such policy or policies of insurance shall contain provisions that any proceeds shall be payable to the mortgagee, if any, Seller and Buyer, as each of their respective interests may appear, and such coverage or coverages shall not be canceled or altered without giving thirty (30) days prior written notice to Seller and getting Seller's written approval thereto. Buyer shall hold Seller harmless from all damages arising out of any damage to any persons or property occurring in, on, or about the premises, 9, PROPERTY MAINTENANCE, Buyer shall, at Buyer's own cost and expense, maintain the subject property, buildings and improvements thereon in an as good an order, condition, and repair as they are on the date of this Agreement, reasonable wear and tear excepted. In the event of Buyer's default under this provision, in addition to the other remedies reserved to Seller's hereunder, Buyer promises and agrees to pay the cost of restoration of the premises to the original condition, Buyer shall comply with housing code standards, fire, safety, or other governmental requirements now in effect or hereafter enacted that involve the subject property if required to do so, and shall promptly pay any and all assessments or other charges levied against the property by any governmental body. Buyer shall be responsible for the payment of any municipal -- ~ ~., ' , - ~ assessment against the subject property, except those, if any, resulting from work done or ordered to be done by the municipality prior to the date hereof, and any such assessments which Buyer is required to pay shall not be deemed an encumbrance on the title agreed to be conveyed hereby, Buyer shall not remove or permit the removal from the property of any building or other improvement located thereon without the consent of the Seller in writing, nor shall Buyer commit or permit to be committed any waste in the property or any building or any improvement thereon, Buyer will not renovate, remodel or alter any building or improvement now or hereafter situate on the property, or construct any additional building, buildings, or improvements on the property without first giving written notice and submitting plans for renovation, remodeling or construction to the Seller and getting Seller's approval, in writing, for such plan, Seller hereby agrees that said approval will not be unreasonably withheld, Buyer shall indemnify and hold the Seller and the property of Seller, including the Seller's interest in the property, free and harmless from liability from any and all mechanic's liens or other expenses or damages resulting from any renovation, alteration, building repairs, or other worked placed on the property by Buyer. 10. TAXES. ASSESSMENTS AND UTILITIES, Seller shall cause to be paid timely from the funds retained in escrow all real estate taxes, charges and assessments (including benefit assessments) assessed and levied upon the subject property as of the date hereof. It is nonetheless Buyer's ultimate responsibility that all real estate taxes, charges, and assessments shall be paid, Further, Buyer shall pay all utilities, including but not limited to, heat, water, sewage, light, fuel and other expenses in connection with the operation and maintenance of the property. 11. ENCUMBRANCE BY BUYER, Buyer's equitable-title in the subject real estate, or any part hereof" shall not be pledged or encumbered by Buyer, in any manner whatsoever, without the prior written consent of Seller, Buyer shall indemnify and hold Seller harmless from any loss sustained by Seller in the event the Buyer shall pledge or encumber the subj ect real estate without the prior written consent of Seller, 12, AS@IGNMENT. Buyer shall not have the right to assign this Agreement or all or any part of their right, title and , interest herein, without the prior written consent of Seller. Seller shall have the right to assign this Agreement or any or all of its right, title and interest therein, -c' . ~ " 13, DEFAULT, Payment of all monles becoming due hereunder by Buyer and the performance of all covenants and conditions of this Agreement to be kept and performed timely by Buyer are conditions precedent to the performance by Seller of covenants and conditions of the Agreement to be kept and performed by Seller, In the event that Buyer should fail for a period of thirty (30) days after written notice by Seller to make any of the payments required by this Agreement, or should Buyer fail to comply with any of the covenants or conditions of this Agreement on Buyer's part to be performed, Seller's sole remedy shall be to retake possession of the premises, in which case the amount already paid shall be considered liquidated damages and not a penalty, The thirty (30) days' written notice requirement shall also apply to any default hereunder to include the payment of monies due as well as other than the payment of monies due. In case of buyer's default, Seller may proceed by action of ejectment on this Agreement after default made as aforesaid for recovery of said premises; in such case, Buyer hereby authorizes and empowers any attorney of any Court of record in the Commonwealth of Pennsylvania, or elsewhere, to appear for Buyer and confess judgment of ejectment, and authorize the immediate issuing of a Writ of Possession and Execution (without asking leave of Court) for the costs, waiving all stay and exemption laws. 14. INSPECTION. Seller may make or cause to be made reasonable entries upon inspection of the Property described in Exhibit "A," provided that Seller shall give Buyer notice prior to any such inspections, 15, SELLER'S WARRANTY AND MUNICIPAL CLAIM, Seller warrants that no notice of any governmental authority has been issued or served upon the subject property or any occupancy thereof or upon the Seller or agents of Seller prior to the signing of this Agreement calling attention to any violation of any building, fire, safety, or other ordinance or requirement or calling attention to the need for curbing, recurbing, paving, repaving, or other construction or improvement on or about ~he subject property or removal of any nuisance, No municipal or other governmental improvements affecting the subject property are, as of the date of this Agreement, in the course of construction or installation and to the best of the knowledge of Sellers, no such improvements have been ordered to be made. Buyer shall be responsible for the payment of any municipal assessment against the property except those, if any, resulting from work done or ordered to be done by any - . ~- municipality prior to the date of this Agreement. Any such assessment which Buyer is required to pay shall not be deemed an encumbrance on the title agreed to be conveyed by the terms of this Agreement, 16, NOTICES, All notices or other communications, pursuant thereto, to any party shall be in writing and shall be deemed given when delivered personally or deposited in the United StaLes mail, postage prepaid, return receipt requested, addressed to the parties at the addresses set out below, or at such other addresses provided for by notice complying with this paragraph, except that any of the monthly payments being made to Seller need not be forwarded by return receipt requested: To Seller: 355 North 21st Street Camp Hill, PA 17011 To Buyer: 1133 North Pheasant Run Drive Carlisle, PA 17013 17, CONDEMNATION. To Seller's knowledge there are no pending or threatened or contemplated condemnation or similar proceedings or assessments affecting .any part of the Property, In the event of a total taking of the property, the Seller shall be entitled to that portion of the proceeds equal to the sums due and owing to Sellers and payable to Buyer in accordance with the terms and conditions of this Agreement, with the excess, if any, to be paid to the buyer. If the proceeds are less than the remaining sums payable under this Agreement, Buyer shall remain liable hereunder for the balance, In the event of a partial taking of the Property, unless Seller and buyer otherwise agree, in writing, there shall be applied to the sums due under this Agreement su~h proportion of the proceeds as equal that portion which the amount of the sums due under this Agreement immediately prior to the date of taking bears to the purchasing price hereunder, with the balance of the proceeds paid to Buyer. 18, POSSESSION; Buyer shall be entitled to possession of said Property immediately upon the signing of this Agreement, 19, BUYER'S OPTION TO TAKE TITLE, In the event Seller is unable to give a good and marketable title subject to the previous conditions of title referred to hereinabove, Buyer shall have the option of taking such title as Seller shall give, without abatement of price, or of being repaid all monies paid by Buyer to Seller on account of tbe purchase price, together - ,'-~ -, . with such reasonable costs of searching title as Buyer may have incurred. In the latter eVent, there shall be no further liability or obligation as to either party concerning this Agreement, which thereafter shall be null and void, 20, LITIGATION. Should any litigation be commenced between the parties hereto concerning said Property, this Agreement, or the rights and duties of either in relation thereto, the party, Buyer or Seller, prevailing in such litigation, shall be entitled in addition to such other relief as may be granted, to a reasonable sum as and for the party's attorney's fees in such litigation which shall be determined by the Court during such litigation or in a separate action brought for that purpose, 21, ENTIRE AGREEMENT, This is the entire Agreement by and between the parties hereto and this Agreement shall be binding on and shall inure to the benefit of the successors, heirs, personal representatives and assigns of the parties hereto. Nothing in this paragraph shall be construed as a consent by Seller to any assignment of this Agreement, 22_ WAIVER, The waiver of any breach of this Agreement by either party shall not constitute a continuing waiver or a waiver of any subsequent breach, of either the same or another provision of this Agreement. 23. RECORDINGS, hereto that the Recorder the Buyer, 24, MODIFICATION. No modification of this Agreement shall be binding upon the parties her~to unless the same shall be in writing and duly executed by the Buyer and the Seller, It is understood by and between the parties this Agreement may be recorded in the Office or of Deeds of cumberland County at the expense or IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, hereunto set their hands and seals te day and year first above written. ~ SELLER Rothman, Schubert & Reed, Realtprs, Profit Sl1,arihgp1.p.n ,'! /"' " '{ , r- /V/L /-' "'--?Z2E--- William'F, Ro~hman WITNESS =" ~ WITNESS {;. \,uk (}..\ ()-> .' ~~ "h . ~1-~ Charles E/. Schubert ,~~?I ~ Samuel L. Reed ' BUYER r~R~ DAVID R, BOBB l' 5 #id~A'/ -?AND L, OBB /~J' " ~.H.1 7 ~i~ ~rr.r?ii/) P.I. "1J-'l~1 A\,~C' '-/ C R 's OP R A. BARCLAY , / :./ COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND On this; the/13r7 day of NcVQ;ynbJU- 1998, before me, the undersigned officer, personally appeared William F. Rothman, Charles F. Schubert, and Samuel L, Reed, known to me (or satisfactorily 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 ~ ha~d J notarial seal. ., ~iC ~J./r/.Y' N_I_ K._ F, s_-.y,- C.rII... 8or0. c~ c-r. PA My Comm_...... _,,_ - - .,,~,,~, . COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND On this, the ~ day of /fA) Ve. m h.Jl.,.- ~998, before me, the undersigned officer, personally appeared David 11., Bobb and Sandra L, Bobb, known to me (or satisfactorily 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 Not..... s..1 K.r_ F. 8)1n.. NoIIlry PubIc C.nlv. Sofa., C~ CalMly. ft. My Commb..ion ltq:rirea M-=n 1'" '''' hereunto set my hand and notarial seal, ~~ S. ~/J'~,c,-- No ary Pub~ic ------r COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND On this, the/~ day of MV-€.>?1b......r ~998, before me, the undersigned officer, personally appeared Chris~opher ~. Barclay, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. N_ SooI K_ F. S_ NllIorF- c...... ....... ~...... ea..or. P& ..'c-_...... Eapno 11_ 'I. ,... hereunto~et m hand and notarial seal. _0,) d A~{~ N ~ary Publo.c IN WITNESS WHEREOF, I have COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND Recorded in the Misc, Book Office I Page for Recording of Deeds in and for Cumberland County, in day of , ~997. Witness my hand and seal of Office this Recorder '"'-~, " ~" . .-" """@o. , .. EXllIBiT "AU AJ.L THAT CERTAIN lot or tract of ground !Ii tuate in Nort',h Middleton Township, Cumberland Count.y, CommonwealLh of Ponrlsylvanla, more parti.cularly bounded and described as follows to wit::, ImGINNING at a point on the Eastern right-of-way line of Pheasant Drive North at the dividing line of lots #57 and 58 as shown on a final .mbdivlsion Plan of Pheasant Run Esl:ates, Phase II and Phase III, recorded in Plan Book 29, Page 7, thence by aforesaid F.i:lstern right-of-way line, North 06 degrees 49 minuLes 39 seconds Rast 18.00 feet to a point on the Southern line of Lot '56: t,hence by aforesaid line South 83 degrees 10 nd nur,es 21 seconds East 140.00 feet to a point on the Western line of Lot 155: t:hencl> by afor<"sald II ne Sout_h 06 degrees 49 mi.nu tes 39 GC'ccond!\ Wps~ 18.00 feet to a point on the Nor~hern l~ne of Lot 158; Lllellce by aforesaid line, North 83 degrees 10 minutes 21 seconds West 140.00 feel La a point, being the place of UEGINNING. f.II'; 1 N(; Lot I,,,,l.a (,es, 7, #57 on a final subdivision plan of l'hea5atl~. Phase II and Phase III, ~ecorded in plan Book 29, nun Paqe "~IN~ known and numbered as 1133 Pheasant Dri.ve North, Carlisl-, I'A. 'l'OC:I>'rlll>R wit.h the right to pass repass for ingress and e91:e5s in C"ommon w'i!eh ocher.s over the roads as shown on said plan t.o ond f 10m l.hf" 101: llere j n conveyed. RE1NG subject to a Declaration of MiRc<"llanwuus Hook 242 at Page 834. CUVt'lla II ts r Ll ed in BEING further subject to easements of record. AND BEING part o[ a certain tract of ground which Cambria savings "'rid Luall Association, a Pennsylvania corporat.i.on, by it:s deed dated July 27, 1982, and recorded 1n the Recordp.r's Office in and fur Cumberland County in Deed Book .W., Volume 29, Page 32 qran~ed and ~onveyed unto Dennis E. Gerkin and Karyn T. Gerkin, his wl.fe', the Grantors lIerein. . ~ " ~ : ^ "~,. . :.0 ~'. 09-2-01 "'" '.. NOTICE OF JUDGMENTflRANSCRIPT PLAINTIFF RESIDENTIAL LE:ASE r-' NAME and ADDRESS 'ROTHMAN, WILLIAM F, ET AL. I POBOX 188 CAMP HILL, PA 17011 L ~ VS. DEFENDANT: ,NAME and ADDRESS IBOBB, DAVIDR, ET AL. 1133 N PHEASANT RUN DR CARLISLE, PA 17013 L I COMMONWEALTH OF PENNSYLVANIA COUNTY OF: cUMBER~ Mag. Disl. No.: OJ Name: Hon. PAULA P. CORREAL 'Addre", EAST WING - COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE~PA .' . r'''phoo" (717) 240 - 6564 17013 - 0000 ATTORNEY FOR PLAINTIFF , MICHAEL J. PYKOSH POBOX 368 CAMP HILL, PA 17011 Docket No,: LT-0000507-99 Date Filed: 9/28/99 ~ a."" : ..;.: - ., ,~. ':- - , , ' THIS IS TO NOTIFY YOU THAT: Judgment:" FOR PLAINTIFF [!J., Judgment was entered,for:,.. "'(Name ), ROTHMMh . W:fLLIAM - F i .ET AL. o Judgment was entered against BOBB, SANDRA L LXJ Landlord/Tenant action in the amount of $ 2.566.65 on 10/11/99 . 'The amount of rent per month, as established by the District Justice, is $ in a , (Date of Judgment) 567.51, The total amount of the Security Deposit is $ .00, !:: ~,j (j !: " ii I' .1 II iJ i'I o Possession granted, [!] Possession granted if money judgment is not satisfied by time of eviction, o Possession not granted, O. Levy is stayeoJor _-'- days or D generallv stayed, o Objection to Levy has been filed and hearing will be held: Total Amount Established by OJ' Less Security DepOSit Applied = Adjudicated Amount $ 2.470.00 -$ .00 = $ 2.470.00 $ .00 - $ .00 = $ .00 $ .00-$ .00 = $ 00 Less Amt Due Defendant from Cross Complaint -'- $ .00 lnterast (if provided by lease) $ _ 00 UT JUdgment Amount $ 2 , 470 00 Judgment Costs $ q 6 _ 65 Attorney Fees $ _ 00 Total Judgment $ 2,566.65 Rent in Arrears Physical Damages Leasehold Property Damages/Unjust Detention -- O Attachment Prohibited/ . . Victim of Abuse (Act 5, 1996) o This case dismissed without prejudice, o Defendants are jointly and severally liable, Date: Place: , Time: ANY PARTY HAS THE RIGHT TO APPEAL A JUDGMENT INVOLVING A RESIDENTIAL LEASE AND AFFECTING THE DELIVERY OF POSSESSION OF REAL PROPERTY WITHIN 10 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, IN ORDER TO OBTAIN A SUPERSEDEAS, YOU MUST DEPOSIT WITH THE PROTHONOTARY THE LESSER OF 3 MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED, " . IF YOU WISH TO APPEAL THE M5)NE'fPoRTiON;ONL Y OF A, JUDGMEplHNVOL VING A RESIDEN,nAL LEASE, .'foii HAil" 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT I WHICH TO FIlE A tIDTICE OF APPEAL,WITH THE PROTHONOTARY/CLERK OF COURTS OF TfjECOURT OF COMMON ~EAS, CIVIL DlV N, / / /' /' / ." .'. ' YOUMUSTINCLUDE A Cq,Y-OF THIS N, , CE~F JUDGL~T~T!3ANSC ~TFO~~ )JH YOUR NOTICE OF, APPEAL:: . Date \..:. '-;;'iCioJ:':L.-<..... 1'.~' J.,.'v-( l' ~, Dlstnct Justice. certl y t at t IS IS a tru~ carre copyp t e r 1',.() / e proce In s containing t' e JD gme'~t .: ,.. Date' ...k<.- '--.. _. J V/ <t'~,,-,',"/ , District. Justice' My commission expires fir onday of January, 2000, \ I ""'SEAL ",,,,.,c',:, Anpr>::i1!;A-AA <: \;-\... .^ l!: (l 'HIt>_'. , ~ " -"-,' ~', " .- -, 0F~:I"" 1:1, '" l' ~ ,}HEH!fF ';i,lTY ,,<:, i::} :',J , ,~- F ':; -I q~ T I~' , - ~ l", r' 11 JUL U ' [-"---, 1,'- , '_ F" , .,,: 1,--. " .. . " .,,>' ",'.. ~ ~, -, ^ ~~ ~-~<~.~ - " "~"--' -;""" ~ ,; !' ; -;' i ", - '-,-~,"' "[1,--' . , , . '~'~'~~rlf~ __,ij;JJ~I~~~lIll!rlllli., ":~ =",!!I,.",.,... .~-"r~__ __ _.,lIJIIft ~~~MUQ!"'II'!l'''''''''!'' ,~