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JANICE H. ARNOLD . IN THE COURT OF COMMON PLEAS OF
.
. CtlHBERLAND COUNTY, PENNSYLVANIA
.
Plaintiff :
vs. . CIVIL ACTION - LAW
.
WILLIAM H. ANDRING and .
.
JOSEPH PAVLAKOVICH : NO.
Defendants .
.
AVISO
LE RAN DEHANDADO A OSTED EN LA CORTE. si usted quiere
defenderse de estas demandas expuestas 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 obogado y archivar en la corte en forma
escrita sus defensas 0 sue objeciones alas demandas en cortra de
su persona. Sea avisado que si usted no se defiende, la Corte
tomara medidas y puede entrar una orden contra usted sin previa
aviso 0 notificacion y por cualquier queja 0 alivio qus es pedido
en al peticion de damanda. Usted puede perder dinero 0 sus
propiedades 0 ostros derechos importantes para usted.
LLEVE ESTA DEMANDA A ON ABODAGO IMMEDIATAMENTE. SI NO
TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR
TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA
OFICINA COYA DIRECCION SE ENCOENTRA ESCRITA ABAJO PARA
AVERIGOAR DONnE SE PUEDE CONSEGOIR ASISTENCIA LEGAL.
Court Administrator
Fourth Floor
Cumberland County Court House
Carlisle, Pennsylvania 17013
(717) 240-6200
JANICE M. ARNOLD
Plaintiff
V8.
WILLIAM H. ANDRING and
JOSEPH PAVLAKOVICH
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. q 7- /(,<1 c.."x.J ~
COMPLAINT
1. That Plaintiff's complaint of Defendants above named,
claiming a right to any interest or possession in the real property
described in the Complaint, and for cause of action alleges both
Plaintiff and Defendants, are residents of Cumberland County,
Commonwealth of Pennsylvania.
2. That Plaintiff is now the owner in fee simple and entitled
to the possession of certain real property located at Hampden
Township, Cumberland County, Pennsylvania, more fully bounded and
described as follows:
Beginning at a point marked by a railroad spike in the bed of
Mill Road, a 16 feet wide private road, said point being six
hundred fifty (650) feet West of the center line of Good Hope Mill
Road: thence extending in and along Mill Road, North sixty-three
(63) degrees twenty-eight (28) minutes West forty-two feet to a
point; marked by a railroad spike, at a corner of land now or late
of Harry Aunst: thence along said land, North thirty-seven (37)
degrees forty-seven (47) minutes East one hundred thirty-nine and
twenty-five hundredths (139.25) feet to a point in line of land now
or late of Lloyd Eby; thence along said land, South thirty-eight
(38) degrees thirty-five (35) minutes East, forty (40) feet to a
corner; thence continuing along said land now or formerly of Eby
South thirty-six (36) degrees thirty-nine (39) minutes West one
hundred twenty-one and sixty-four hundredths (121.64) feet to a
point and place of BEGINNING.
3. That the above described property was deeded to Plaintiff,
Janice M. Arnold, individually, by Grantors, Earl F. Arnold and
Janice M. Arnold, formerly husband and wife, by deed dated April
30, 1996 and recorded in the Cumberland County Office of the
Recorder of Deeds in Deed Book 138 beginning at Page 1183.
4. By reason of the above conveyance and also through a
separately executed Assignment Earl F. Arnold has transferred to
Plaintiff, Janice M. Arnold, all of his rights and interest in the
above described property including his rights and interests in the
below referenced Sales Agreement.
5. That on September 5, 1979 Plaintiff and Defendant, William
H. Andring, entered into a written contract for the sale of
Plaintiff's land a copy of which is attached hereto and marked
"Exhibit A" hereof, and in accordance with the provisions of the
contract Defendant, William H. Andring, entered into possession on
or about September 5, 1979.
6. That Defendant, William H. Andring, has failed, refused,
and still fails and refuses, to comply with the contract, in that
the Defendant, William H. Andring, has failed to provide proof of
insurance coverage endorsed to Plaintiff, although Plaintiff has
made due demand therefore.
7. That Defendant, William H. Andring, has failed, refused,
and still fails and refuses, to comply with the contract, in that
the Defendant, William H. Andring has failed to pay real estate
taxes, assessed against the subject property although Plaintiff has
made due demand therefore.
8. That said payment of assessed real estate taxes has been
in arrears since on or about July, 1980, and the total arrearage
now equals or exceeds $3,696.84.
9. That Defendant, William H. Andring, has failed, refused,
and still fails and refuses, to comply with the contract, in that
the Defendant, William H. Andring, failed to pay for municipal
charges ~nd assessments, although Plaintiff has made due demand
therefore.
10. That said payment of assessed municipal charges for
refuse removal has been in arrears since on or about April, 1987,
and the total arrearage now equals or exceeds $1,184.16.
11. That Defendant, William H. Andring, has failed and
refused, and still fails and refuses, to comply with the contract,
in that Defendant, William H. Andring, failed to seek mortgage
financing for the unpaid balance of the purchase price owing under
such Sales Agreement, although Plaintiff has made due demand
therefore.
12. That on the 17th day of July, 1996 and on the 6th day of
November, 1996 Plaintiff gave Defendant, William H. Andring,
written notice that because of Defendants Breech of Contract,
Plaintiff demanded immediate possession of the above described real
property.
f
,
13. That the Defendant, William H. Andring, has failed and
refused, and still fails and refuses, to give Plaintiff possession
of the above described real property.
14. That Defendant, Joseph Pavlakovich, is currently residing
at the premises at the above described real property, with and
pursuant to the permission of Defendant, William H. Andring, and as
a party in possession is named as an additional Defendant of this
Complaint.
WHEREFORE, Plaintiff prays for judgment against Defendants as
follows:
1. Restoring Plaintiff to possession of the above described
real property.
2. Declaring Defendant's interest and right in said contract
null and void.
3. Declaring all monies paid under said contract forfeited to
Plaintiff as liquidated damages.
4. For cost of this action; and
5. For such other and further relief as the court may deem
just and proper.
By:
One South Baltimore Street
Dillsburg, PA 17019
Phone: (717) 432-9666
become maintained by . ml,micipal authority.
ALSO together with an casement for all time, 10 feet
In width throughout, acrosS the premises between the above
described premises and the Conodoguinet Creek, connecting
the above described premises with the Conodoguinet Creek
and an eosement, IS f(wt in width throughout I lICrOS8 the
said adjoining premises and a long thl! high water mark of
the said CI'eek for beach purposes with the location of the
10 feet easement for access to the Creek to be designated
from time to time by the said ^rthur I. and J, Joyce Shaffer.
ttleir heirs and assigns, The Baid easements to be used by
the PuI'Chaser, his heirs and assigns, in common with the
said Arthur 1. and J, Joyce Shaffer. their heirs and assigns,
and all persons who now have a like right.
}~VING thereon erected a one story frame dwelling house,
OEING the same premises which State Capital Savinga
and Loan Association, by its deed dated September 19, 1977,
and recorded in the Office of the Recorder of Deeds in and
for Cumberland County. Pennsylvania. in Deed Book "M"
Volume 27, Page 71J5, granted. and conveyed unto Earl F. Arnold
and .Janice M. Arnold, his wife, the Sf~llers herein.
2. The Purchaser agrees to pay to the Sellers as the full con-
sideration and price for said premises the sum of Thirty-Six Thousand
and No/100 ($36.000,00) Oollars. payable as follows: Fbur Thousand and
No/100 ($q.OOO,OO) Dollars upon the execution and delivery of this
Agreement, the receipt whereof is hereby acknowledged by the Sellers,
and the balance of said purchase price. to wit: Thirty-Two Thousand
and No/100 ($32,000,00) Dollars to be paid in five (5) years from the
date hereof together with interest thereon (and on the unpaid balance
thereof) from the date hereof at the rate of ten per centum (10%) per
annum. which said purchase price and interest shall be paid in regular
consecutive monthly payments of Three Hundred Eight and 0l/100 ($300,81)
Dollars per month, each said monthly payment to be applied first on
account of interest and the balance of each said payment to be applied
on account of the purchase price. said monthly payments to commence one
(1) month from the date hereof and said payments shall be paid on the
same day of each and every month thereafter for a total of fifty-nine
\.oI.O"ICII
aNEL.AKE",
"cCALE. . IUCKE"
(59) such payments, and the full remaining unpaid balance of purchase
price and intel'est shall be paid to the Sellers on the 5"'K day of
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SHERIFF'S RETURN - REGULAR
CASE NOI 1997-00164 P
COMMONWEALTH OF PENNSYLVANIA I
COUNTY OF CUMBERLAND
ARNO!"QJANyIJ:_M___
VS.
ANDll1-NQ..~!!..LI.A_M -1:I..[':.L ~.L.
_. TIMOTHY R!U:r~ _.__.__ __._ ____.u_ __ ~ Sheriff or Deputy Shvriff of
CUMBERLAHD County, Pennsylvania, who being duly sworn according
to law, says, the within ltQIll'!.A1HL_-.-___________________.____ was served
upon __-'NpRING WtLLI-'~'--H m____ _..__ ,__. ...... _._ n_ the
defendant, at 1815100 HOURS, on the ~ day of Januarv '
19'E_ at 248 .r::RE;.~ILBl;tAQ________ _m______m____
CAMP HILL.... PA 17011 ____om. u ~ C<.lL"BERLAND -----'
County, Pennsylvania, by handing to ~J_Ll-.I.^,,! Jt._./lN.D.RIN<L-----------
a true and attested copy of the COMPLAINT
togeth.r vi th NOT!.9_L__.___._
and at the sam. time directing ~ attention to the cont.nts thereof.
Sheriff's Costs,
Docketing
Service
Affidavit
Surcharge
So answ~y ~
r~&'?v""""'-c.~
R. Thomas l\line, eriff
18.00
8.68
.00
2.00
.26.66
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(' 1 (
19.->:1- A. D.
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-~--~~;'rothonO~Y~'-. -.
SHERIFF'S RETURN - REGULAR
CAS~ NOI 1997-00164 P
COMMONWEALTH OF PENNSYLVANIA I
COUNTY OF CUMBERLAND
~RIi.Ol.!1..)'~NCI!';~____ _ _ __u
VS.
,\_'tDRI!l!LWJ...._L-.L~!!.J!.J~_T_AI. _ _
J_UlQtll'(m~
, Sh.riff or Deputy Sheriff of
being duly sworn according
was served
CUMBERLAND County. P.nnsylvania. who
to law, .ay., the wi thin COMPI.AINT
upon PAVI.AKOVICIL1.Q~___
defendant, at 2020100 HOURS,
19~ at 924 MILL ROAD
MECH.!NICSBURG. , PA 170:5:5 ______
the
on the ~ day of Januarv
County, Pennsylvania, by handing
a true and attested copy of the
together with NOTIC~_
and at the same time directing ~ attention to the contents thereof.
to JOSEPH
COlfPLAINT
Sheriff's Costs I
Dock.ting
Service
Affidavit
Surcharge
So answers I
6.00
7.44
.00
2.00
61:).44
Sworn and~BubBcrib~~to before me
this _L.!..-_ day Of"j..L......-<A.'Y
l<;1__'/.:L_ A. D.
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issuance of the annual tax notices,
5, Beginning in October of 1979 and continuing through July, 1996, Defendant Andring
has made monthly payments to the Sellers pursuant to the provisions of the Contract in an
amount of$308.81 in principal and interest and $25,00 in taxes,
6, In July of 1997, Sellers notified Defendant Andring that the annual real estate taxes on
the Property had increased, and that a corresponding increase in Defendant Andring's monthly
tax payment would be required,
7, From August of 1997 to the present, Defendant Andring has made monthly payments
to the Sellers pursuant to the Contract in the amount of $308,81 in principal and interest and
$61.34 in taxes,
8, Sellers have accepted every payment made by Defendant Andring, as referred to in the
previous paragraphs hereof, have never notified Defendant Andring of any deficiency in any
monthly payment other than as referred to in Paragraph 6 hereof. and have never provided an
accounting of any kind as to the disposition of the payments received from Defendant Andring,
9, All taxes and municipal charges or assessments on the Property are current and paid to
date,
10. Defendant Andring has paid every bill for every municipal charge or assessment
which he has ever received, or of which he was ever made aware,
II, By leller dated December 14, 1996, Defendant Andring offered to discharge his
obligations under the Contract by paying in full the unpaid principal balance due under the
Contract.
12, By teller dated December 27, 1996. Counsel for Plaintiff rejected the tender of
perfonnance referred to in the previous paragraph hereof.
13, By telephone conversation on January 8. 1997. Delendant Andring specifically
requested of Attorney David J. Lennox. counsel for Plaintiff. that Defendant Andring be provided
with copies of all bills. receipts. canceled checks. and similar documentation for all amounts
which Plaintiff claimed were due and owing to her from Defendant Andring pursuant to the
Contract. Allorney Lennox responded that he did not possess such documentation. and that it
would only be provided to Defendant Andring at "another time,"
I. DEMURRER
14, The allegations contained in the previous paragraphs hereof are incorporated as
though fully set forth herein,
15, The Contract is. by its tenns. subject to the provisions of the Loan Interest and
Protection Law. Act of 1974. No, 6 (hereinafter the "Act"),
16, Pursuant to the provisions of Section 403 of the Act. the Sellers were required to
provide certain wrillen notices to Defendant by certified or registered mail. containing certain
specified infonnation. prior to commencing the present action,
17, The Complaint in the present action contains no allegation that the notices required
by Section 403 of the Act were provided to Delendant.
18, Plaintiff has failed to provide the notices required by Section 403 of the Act to the
Defendant.
II. INSUFFICIENT SPECIFICITY
19, The allegations contained in the previous paragraphs hereof are incorporated as
though fully set forth herein,
20, Paragraphs 7 and 8 of the Complaint allege that the payment of real estate taxes by
Defendant Andring has ....,been in arrears since on or about July, 1980. and the total arrearage
now equals or exceeds $3.696,84,"
2], The Complaint does not specify any payment which has not been made in accordance
with the provisions of the Contract. does not indicate the period or periods for which taxes are
alleged to be due, does not indicate the amount of taxes assessed, docs not indicate the amount of
taxes paid, and does not contain any other infonnation of sufficient specificity which would
enable defendants to respond to the allegation that taxes have not heen paid in accordance with
the provisions of the Contract.
22, Paragraph 9 of the Complaint alleges that Defendant Andring ...., has failed to pay for
municipal charges and assessments..,... but contains no infonnation as to the nature or amounts of
municipal charges or assessments allegedly at issue,
23, Paragraph 10 of the Complaint alleges that Defendlmt Andring has failed to pay
municipal charges for refuse removal ....,since on or about April, ] 987, and the total arrearage
now equals or exceeds $1.184.] 6,"
24, The Complaint does not specify any payment for refuse removal which has not been
made in accordance with the provisions of the Contract. does not indicate the period or periods
for which payments for refusal removal are alleged to be due, docs not indicatc the amount of
refuse rcmoval charges. does not indicate the amount of refuse removal charges paid, and docs
not contain any other information of sullicient specificity which would enable defendants to
respond to the allegation that refuse removal charges havc not hecll paid ill accordance with the
provisions of the Contract,
25, Paragraphs 6.7.9.11. and 12 of the Complaint make reference to alleged demands
upon Defendant Andring by Plaintin: but contain no allegations as to dates. times. manners or
methods by which these demands were allegedly made. so as to enable delendants to respond to
the allegations,
III. FAILURE TO CONFORM TO RULE OF COURT
26, The allegations contained in the previous paragraphs hereof are incorporated as
though fully set forth herein,
27, Rule 1029 of the Rules ofCivill'rocedure governs the content ofpteadings. and
provides that the material facts upon which a cause of action is based shall be stated in a concise
fonn; avennents of mistake shall be averred with particularity; a denial of the pcrfonnance of a
condition or occurrence shall be made specifically and with particularity; avennents of time.
plal'e and items of special damage shall be specifically stated; and a pleading shall specifically
state if it is based upon a writing. and if so. a copy of the writing must be allached to the
pleading,
28, The Complaint in the present action fails to comply with any of the provisions
referred to in the previous paragraph hereof,
IV. LACK OF CAPACITY TO SUE - NONJOINDER OF A NECESSARY PARTY
29, Earl F, Arnold is not a party to the present action,
30, Janice M, Arnold lacks the legal capacity to bring an action upon the contract without
the joinder of Earl !" Arnold,
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M;Rr.n.!!:~LOI'_JlI\!,LO.rJf-^-l. 1:f.'CI\TI;
TillS AGREE/WoNT, "",de Ind enhred Into thlo .s_~ oIoy DC ~""~/<fS,___.
1979, by Ind bet..een:
110.............',..',."",. ....... I" t.", ' ,q)' .. l'~
.'-.j , ~""'" 'f.ARL r,' ARlIOLO'lnd ,JANICE H. ARNOLD,
, "," hfl ..IC., of Hhmpden Town.hlp.
Cumberland County, rennllylvnnl.., rftrtle!
DC the firlt port, herelnlfter coUed the
"Beller." I
AND
WII,LIAH II. ANURING, DC the 11m. phce,
p.rty of the et"C'oI111 part, herelfll!lfter
called the "rurcllluu~rlt,
IT IS AGREED BY AND BETWEI:lI TilE PARTIES IIER[TO AS FOLLOWS:
1. The Beller. agree to lell to the rurchRRer, Bnd the Purch8eer
agree. to purchliae and, Iccept' the conveY!lnce: of:
M.L TIIAT CERTAIN LOT or plrrr of grollnd oll".te in
IIftmpllen TownAhlp, Cumberlnnd Cnunty I I'ctllllAyl vnnJn. hOllndr.d
and described 1n accordAncp. wilh a slIl'vey IIlul pion lhereof
INIde by Ernest J. WlIlker, ProfessiollAl I:ngineer, dated July
14. 1972, .. Colla...:
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DtGINNING lit . poiflt mBrke{1 hy It rllilroBll spike in the
bed oC Hill Ro.d, . 16 Ceet "id. pdvot. rood, o.ld point
being 650 feet West of the ('enter line of GOOf I HOIIP. ~tnl
Ralld; thence extending in and IIIOIIR ~till Rond, thrth 63
degrees 28 minute. Welt 112 feet to 8 point, IMrl<ell hy II rllil..
roftd RpHce, at a corner of lAnd now or IntI! of IInrry Aun8t;
thence along said land, North 37 lh'grf'en 1'7 minutes r.Ofllt
139,2S feet to a point in Hlle or land !lOW or lnte or J.loyd
r.by; thence along nllid lnllll, ROllth 1R I1rgrrr." Vi mlllutt"ft [nl'lt,
110 feet to II corner; thrn~r contlnllJIIK nllJflr, nnlll lnllll or [by
South 36 degrees 39 minutes West 121.r,11 feet to 0 point Bnd
p1.ce oC Dr.GINNING.
TOGr.TIIER ..ith the rlRht to URC thr o.ld l'riv.te ro.<I .t
all t1m~8 herellfter for purpORr.8 of illp;rrA8. rr.rr8ft nnd rc-
grp.811 to the above prt"mises, which p.xtC'IHhl aernRS other Illntls
now or formerly of ^rthur t. Sharrer and J. .Jnyee Shaffer hJ8
~, _'f--w1fe, in conmon with 1111 other pr.rROIUI now ('lItltlel) to the
like liberty IInd to III other perDOlI1l wlmm the fll'id ^rthul" I.
and J. .Joyce Sheffer mny hcrl'oftrr COI1VI'Y n llkl! liberty;
it being understood IInd agreed thnt the rUrehf'l9l'r, his heirs
end 8""tgn8, 8hal1 pay hill pro rota shore Rceortllng to . foot
frontagl! ..it-II other persona ulling the Baid road for the rl!BSon..
.ble....!nt.n.nc. DC the B.id ro.d until ouch tfme B. it .h.n
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,iMl-'i;i~l,hJ;. ~'!X;~v.,...:."'~lo1...~~~,f....,!, ',", '
l,h~"''''\/J.' .
become mn.illtaJnet! hy . ml,IIIJcl1HI1 auLllorlty.
AI.SO togother with In eooement for oil time. 10 feot
1n width thrOlIRhout, acro"l the (lremffll>1 hrtw~ell UIP. IIhove
drflcrihed prrmtflt!1 Ind the ConodoguJllet Crerk, eUllnecttllA;
thr above drllcribed preminel with the COlulfloHlllnr.t Creek
Ind In l'1I"t!ment, 1S feet in wJdth throughout, n~r08" tho
.Iid adJolntl1A: premhell IIml IIlong the hfnh wlltnr IMrk of
the .lIfd Crt"t!'k for beach (lUrpOIlp.1I wfth tho lnr.lltfOI1 of the
10 feet t!lIflp.mf'nt for acellllll to thp. Creek tn he dt'1I1Knlltrd
from tIme to time by the .al(1 ^rthur I, find J. Joyce Sharrer,
their h.lr8 and a.'lan.. Th. .Ild e..ement. to be u.ed by
oJ', "/~the '1\JI"Cha..r. I hi. h,ir, and IlIlIfgn.. 1n cummon with the
.Iid ^..thur I. and J. Joyce Sh.ff~r, thf'ir heir. al1d ..lIignl,
Ind IU p....un. who no.. haVI I Uk. right.
IIAVIr.a th.reon ereQted lone Itory frftme dwelling hQuee.
BEING the "me premisee whiQh Stete Cftpltol Sovinge
end r~o.n ^lIlociation. by it. del'd dated Sr>ptemllf~r 19, 1977.
.nd recorded in the'Office of thll Recorder of needs in and
for Cumberland County, Pennlly1vllnis. 1n nped nook "M"
Volume 27. raae 71.15. granted and conveypd unto r.arl r. Arnold
end JaniQe H. Arnold, hie ..if., the Sellers heroin.
, " ,., .,. ....' .
2. Th. Purchaur. allr... to pey to the Sellers .. the full con-
,., : ",,;' ,........
dll.retiQn and price for add premi~ee the ewn of Thirty-Six ThQu..nd
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and NollOO ($36,000.00) DoUore. payable e. follQwe: 11mI' Thou.end end
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NollOO ($q,OOO,OO) DQllara upon the eXQcution and delivery of thin
Allreelllent I - thli -receipt wher.oE 1a hereby ecknowledged by the Sollers.
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snd the bolanQ. of edd purehas. price, tQ wit: Thlrty-TwQ Thouosnd
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.nd NQ/100 ($32,000.00) DoUare tQ be pdd in five (5) yeore frQm the
',',. 11, r., '.., '
date h.reQf tQgether with interest thereQn (ond on the unpaid hohnce
, " ." II' "t' ,
thereof) from the det. hereof et the rote of ten per centum (11m) per
' '"I" r . ~ \ I .
annwn, whiQh add purchaae priQ. end interest sholl he pdd in reguhr
I , " I ' , ~' ,', > .. .
cQnseQutiv. monthly peyment. Qf Three lIundred EiRht and 81/100 ($30B. 8l)
DQllere per month, eech ..id monthly peymQnt to be ftppJled firot Qn
eCCQunt of intereot end th~ balance of eoch ssid psyment tQ be eppUed
U".,nc..
IHn...,..,
MCCALl. . Il.ICkUI
on account of the purehall! price. lIa~~ monthly pllyment' to convnenct! one
(1) month,frQm,thl~det. hereQf and odd peymQnto oheU be peid Qn the
"me dey of eech end every month thereofter for e tQtal of fifty-nine
(59) euch peymento, and the full remoining unpdd bolanQe Qf pureh..e
pric. end intereet ehlU be paid tQ the SeUere on the ~ dey of
'0.
-2-
WOK 246 fAtE 27,1
U..Of'ICII
.HlU........fII.
MCCALl. . nlc.""
",~lo\"4tM*.I!\~i'~!: ,..~"~,, ";""
3. The Purchaser Ihall be entitled to PORRr.oolon of the Pl'emil.s
upon the execution and delivery oC this ^Rt'eem(mt.
, 4. Real e.tate taxel for the year 1979 flllnll he prorated behleen
the partie. a. of the date of thie Agreement. ftmI ,,11 taxell scenlins:
.fter the d.t" of thle Agr.ement eh.n he ".Id hy th. I'lIreh...r .nd
.hall be paynble to Seller. in monthly InstRllm(1l1tll cOllcurrently with
.,lI"1 I m"'<I.u~~?;to t~,..;~nth1Y peyrnonte uot forth In I'.regreph 2.
hereinebov..:"e~h:.uohinet~llment,to bo In en .mount equel to ono-
twelfth (1Il2)of,tho,.n~u.l reel e.t.to tex... ..Id .mount. to bo
held by Sellere,w~thout.obliaetion of lntore.t end to bo peld by Sollor
to the propel""taxing authority upon leeuftnce of aOlHlBl real eltate tax
noti."e., The Puroh..er, ehell pey .. eh.raed or ......ed en "","leiI'd
charge. 01' ...e..ment..,for;: lel-vicel,to or improveml'lltll on or Incidental
. . "'I,
~o eaid pre..leee.., furoh...r, eh.l1..p~ovldo S.nere. upon d.mond. with
r"oelpte ehowing peyment.~f!.ll,itemo,r.qulred by thle por.gr.ph.
"..' S. The Puroh.oer egre.e thet ho will .t hie own oo.t inoure the
premIses IIgail1lt fire by polley or policies of illsurance with eJCtended
oover.g. ,in..,.n ell'Oun~. of" at "l~~.t, Thirty-two Thou..l1d .l1d NoI100
($32.000.00) 110110r. .nd thet odd poUoy or "oUc1~. .h.n b. prop.rly
endorsed to Ihow. the interelt of the Sellers Rnd the Purchaser, and the
Bellers .hal1 be 'entitled to the proceeds oC said insurance In the eVlJn
of eny 1088 to the .xt.nt of their lnt.r..t. !'uroh...r .h.n supply
Sellerel upon demand, with certificates of inAurBIlCr. for the coverageS
r.qulred by thls po rogreph.
6. The Purchaser agre~a to keep the premises In 8S good condi t ion
a. at present and conmlt no waste'. thereon. The Purchaser 8gre~B not to
make any stroctural alteration of said premises without the prior
approval of the, Sellers. The Sellers shall have thtt rJght to inspect
.dd pr.mls.o p.r1odlooUy whloh .dd In.p.eUolI oh.n b. upon r...on-
able pl"lor notice to the Purchaser and shall be conducted at reasonable
Ume. .
_'1_
"."; .~,.: ", ,
BOOK 246 fAG[. 276
,,'.;: '(':",',.',.
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McCAll. . ILlClIIlfl1
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7. The real cRt.te tranRfer taxes pnynble u(1on delivery of the
deed fOl' the premilloR, if any, .h,.ll be p"id one~hlllr by the Sellera
and one-half by the rUI'Ch.Ber.
B. In the event that tile rUl'clllun~r Rhall rall or rrfuPlI! to pay
any monthly illfllallmrnt wlnm the flllrne become due nnd Rhall fsi1 to
pay the flame for II ()eriOII of thirty (30) dnYfI tllrrf'nfter, he I'Ihlll1 bl!
"tn.d.fault under thi. ^ar-cement, or if the rurchllser raIL or reCule to
I, _,
pay any tax.. or inllurancl premil1m8 when the lame become due, the
Sellera .h.ll havo tha option oC p.ying the same and adding tha .mount
thereoC to the urpald balance of the purchaae price due under this
^sreement or declaring the Purchaser to be 1n default under this
Agreement, provided, however. that real 8state taxeR 8hal1 be con-
IIldered,.due and payable in monthly installments lUll provided In Para-
KE"IIph .... hereinabove, and the .insurance premiums ehal1 b. conlidered
p.y.ble on th. date oC expiration oC the then exi.ting policy; or if
the rurcha.er eh!,ll Can or reCu.e to p.y Cor .ny municip.l ......ment
or chllrges when the Bame are due Ind paynble, Ill'! 8hnll he in default
under this Agreementl or ,if the rurch.aer .hould c.n or reCu.e to
- ", t,
perfonn any of t'~e covenants, terms, prom!AE.tB or conditions herein-
above set Corth. he .hall be in d.fault under this ^greement,
9. In the ~vent the Purchaser ia in default untler this Agreement
'I' .'
for -,ny, oC~ th~,,~e,.lIon~ lal!~ r~rth In Paragraph 8 herrof I the Sellers
.haU ,have..,~~~ ,o,p,t,ion,,~r: eithera (^) to decl.re the unpaid halance oC
the purch..e" prics i_diately due snd pay.hle end proceed by .n .ppro-
'f '
prIate action to collect th, same, In whidl event the PUl'chnRer hereby
authol"lr.ell any attorney oC any Court of Record in r('nnsylvonia or elBf!~
where to IIppear for him and In hia name to con fens a JUllgment sgainst
I hirn'for.the.unpald balance DC the purchase price without any IlItay of
execution and with ten per centwn (10%) adderl for collection fees,
and alao waivea the right oC inquisition on aaid real e.tat. .nd vol-
untarlly condemns the same and hereby authoriEea the Prothonotary to
, ~: ':',~.'r
I.." '.5-: '
,..' &001I 240 FACt' 27'7
.. "
II ..,1, tJ"fi'I ,'J] f.' P^ , l',fiI. j,'H.t).'.... \
"
C.'
~, 'I"~'I 1'1 t. II'" t., I .' 1" .". I'
.,
11
I.
;,
r. I.......,;. I "
tnter upon a writ of execution hi. .ald voluntary comlcnu"ltJon~ or
(8) to declare the Pureh...r'l rillht IlId illt~r~.t in .lId to thh
Allru"",nt null .nd void Ind proceed to r~t.ke po..r..ion oC the
... prPmlael, In which event the Purchaser agrrrl'l tfult .11 monIea paid
und.r thh ^gr~.""'nt .h.ll b. Corf.H.d to I h~ ~~llrr. .. lJquid.trd
damage., and the Purchaser hereby authorizell allY attorney of .ny Court
_Ii..'..',..... .t"Il'dbM"b(P,.M".Y1V'.~f~. t'!;4"~P~!"'" for him .nd in hh nl... to conC...
· ,Judam.nt in In, 1~.Clbla..l~tionl of. .jectment Ind luthorJz.. the
inmedilt. il.u.nc. .ot I writ of po....oJon with writ oC ...cuHon Cor
cOlto without Iny ltoy ot ex.cution .nd woJve. th. right oC .pp.al
and rele... .11 error.; and in either event the rights of the Pur-chiller
h.reunder Ihlll be .t .n .nd.
10. Thi. Agreement or SB1. IIh811 not he IIfJRlgned by the Purchaser
without the prior writt.n Ipproval of ' the ~elJ~r.. Should the l'ur-
cta.Bur 1.llgn or attempt to aallgn hie Inte,rcst in IInd under this
Agree"",nt oC Sale. the Sell.r. .hlll hIve the right to declere the
Purcha8er to be in deCault under this Agreement amI the Srllcrs sholl
be entitled 1nmediltely to pursue the remedies more fully Bet forth in
Paragraph 9. ,above.
IN WITNESS WHEREOF the PlrU.. intendinR to legllly bind them-
selvea. their heirs. administrators. executors oml ossJgna I have aet
their hands and seals hereto the dny Dlld year first ahove written.
of:
~:t~t4lL (Sf~L
Eerl F. Arnold
G.._:U-2Z2.... /?~(S!:AL
07"nic. H; ~ld",
tJI// d~-==-=J.S!:AL
-"ifiTf(;'~-fi. ^i1cfrIiig7
'" ;'
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U.O"CII
SkIll.".,
wteAlI. . l\Jc.I_
'1M' 'O, I..'.'.. .
fl"""."'.'" .
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'/ .';,',;;',;::':"-::,. ",_.' ,&OOlC,.240 PAC( 278
llM...,-.'.....d y~,l. ~ott..~u '.....(",'
~~l.\~~.~~:.~ ~rJf:,...J,.. """7:""":'~ll"" '.'
Deeember 14,1996
Jan M, Wiley, Esq,
Jan M, Wiley & Associates
One South Baltimore Street
DiIlsburg, PA 17019
Re: 924 Mill Road, Meehanicsburg, PA
Dear Mr, Wiley:
I am in rcccipt of your Ictter of Novernber 6.1996, Unfortunately, you are eontinuing to
make the same ridiculous assertions as your associate. Mr, I (agrecn. has made previously, As
you are fully aware, I do not have a salcs agrccmcnt with Janice Arnold; I have cntered into a
sales agreement with Earl Arnold and Janice Arnold, both of whom remain fully liable to ful!ill
all of the sellers' obligations under the sales agrcement. I can no longer consider your
misrepresentations to be an oversight or a misunderstanding, Rather. it appears that Mr. Arnold
and Mrs, Arnold are being deliberately misled as to thcir rights and obligations under the sales
agreemcnt. I further believe that your conduct constitutes a tortious interference with my rights
under that contract.
This leller is to advise you that I wish to exercise my right of prepayment under Paragraph
2 of the Agreement of Sale of Real Estate, Pursuant to the amortization schedule which I was
provided at the time of executing the sales agreement. the remaining unpaid principal through the
end of January. 1996 is $8,640,64, I have paid all interest. taxes, municipal fees, and other costs
as required by the sales agreement. and there is no outstanding balance flU any of these items,
Please con!inn the amount of the unpaid principal balance and provide me with a copy of the
proposed deed from the sellers. and we can then schedule a e1osing, Also be advised that if you
refuse to accept the prepayment and execute and deliver the deed. I will immediately institute
legal action for breach of contract and tortious interference with contract, in which the named
defendants will be Earl Arnold. Janice Arnold, and Jan M, Wiley & Associates,
-..' -.,.
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and has continued to refuse to pay the same. By way of further
Answer, Plaintiff incorporates herein by reference her Answer to
Paragraph 6 above.
9. Admitted, in that Plaintiff has paid the same and
Plaintiff's demand for reimbursement from Defendant has been
refused.
10. Denied. Defendant has been notified of municipal charges
and assessments which Defendant did not pay and continues to refuse
to pay.
11. Denied. Defendant has not offered to discharge his
obligations under the contract in his letter of December 14, 1996.
The letter disclaims the existence of Defendant's obligation to
reimburse Plaintiffs for payment of taxes and municipal fees and
therefore disclaims his willingness to discharge those obligations
thereby continuing to place himself in breach of said Contract.
12. Denied. Plaintiff, through the referenced letter of
December 27, 1996, conditionally accepted the tender of
performance, subject to Defendant's reimbursing Plaintiff, Janice
M. Arnold, for real estate taxes and municipal charges, as were
Defendant's obligation under the subject of Sales Agreement.
13. Denied. Denied that Attorney Lenox withheld knowledge
of, or production of, documentation.
14. - 30. These remaining paragraphs of Defendant's
Preliminary Objections either restate averments already of record
or state conclusions of law which do not require a response.
Plaintiff will submit separately a Brief in opposition to the
J
,
,
,
,
JANICE M. ARNOLD
plaintitt
IN THE COURT OF COHMON PLEAS or
CUMBERLAND COUNTY, PENNSYLVANIA
I
,
~
;
,
,
;
/
v.
CIVIL ACTION - LAW
WILLIAM H. ANDRING and
JOSEPH PAVLAKOVICH
Defendants
No. 97-164
CERTIFICATE OF SERVICE
The undersigned, David J. Lenox, Esquire, hereby certifies
that on the ;'/ th day of March, 1997, he served a copy of Answer
To Preliminary Objections to William H. Andring, Defendant, by
first class mail, u.s. mail as follows:
William H. Andring
248 Creek Road
Camp Hill, PA 17011
JANICE M. ARNOLD . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUHBERLANDCOUNTY, PENNSYLVANIA
.
v. . CIVIL ACTION - LAW
.
:
WILLIAM H. ANDRING and
JOSEPH PAVLAKOVICH No. 97-164
D.~.ndants .
.
CERTIFICATE OF SERVICE
The undersigned, David J. Lenox, Esquire, hereby certifies
that on the 7" th day of March, 1997, he served a copy of Answer
To Preliminary Objections to Joseph Pavlakovich, Defendant, by
first class mail, u.s. mail as follows:
Joseph Pavlakovich
924 Mill Road
Mechanicsburg, PA 17055
Dav~d J.
~re