HomeMy WebLinkAbout97-00587
Crider Excavation Company, Inc.
and Richard and Donna Crider,
555 Bosler Avenue
Lemoyne, PA 17043
In the Court of Cunllllon PIcas
Cumherland ('ounly
Pennsylvuniu
Plaintiffs
No.
q7 - j~7 H'~
v.
In Equity
Lori A. Brookover, uIkIa
Lori A. Grobukcr,
20 Pheasant Court
Mechanicshurg, P A 17055
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend ugainstthe claims set forth
in the following pages. you must lake action within twenty (20) days after this Compluint and
Notice arc served, by entering a wrillen appearance personally or hy allomey and filing in writing
with the Court your defenses or ohjections to the claims set forth herein. You arc warned that if
you fail to do so the case may proceed without further notice for any money claimed in the
Complaint or for any other claim or rcliefrequesled hy the PlaintiO'. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TilE
OFFICE SET FORTH BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL IIELP.
Court Administrator
4th Floor
Cumherlllnd County Courthouse
Carlisle. P A 17013
(717) 240-6200
NOTICA
LE HAN DEMANDADO A USTED EN LA COlJRTE. Si usted quiere defenderse de
estus demandas expuestas en IllS paginlls siquienles. usted tiene viente (20) dius de plllzo 1I1 Pllrtir
de Ian fccha de la demandu y la notilicacion. LIsted dehe presentllr unllllPuricncill escrita 0 en
persona 0 por abogado y archival en III corte en fomlll escritll sus defenslls 0 sus ohjeciones uluw
demandas en contra de su personll. Sellllvislldo quc si ustcd no se deliende. III corte tmllllra
medidas y puede entrar una orden contra listed sin prcvio lIvisn 0 nlltilicllcllion y por cUlllguier
t
,
.
Crider Excavation Company. Inc.
and Richard and Donna Crider.
555 Bosler Avenue
Lemoyne, PA 17043
In the Court of Common Pleas
Cumherland County
Pennsylvania
PlaintilTs
No. 9'7- 5f7 ~
-
/ .uN--
v.
In Equity
Lori A. Brookovcr, alk/a
Lori A. Grohaker,
20 Pheasant Court
Mechanicsburg, PA 17055
Defendant
COMPLAINT
AND NOW, the PlaintilTs, by and through their undersigned counsel. herehy tile this
Complaint seeking specific performance. and aver in support thcreof as follows:
1. PlaintilTCrider Excavation Company, Inc., is a Pennsylvania Corporation with
offices located at 555 Bosler A venue. Lemoyne. Cumherland County. Pennsylvania.
2. PlaintilTs Richard and Donna Crider. husband and wife, arc adult individuals with
a business address of 555 Bosler A venue, I.emoyne. Cumberland County. Pennsylvania.
3. Richard and Donna Crider arc the owners and operators of Crider Excavation
Company, Inc. (Richard and Donna Crider and Crider Excavation Company, Inc. will he
referred to herein collectively as PlaintifT.~).
4. Defendant is Lori A. Brookover. also known as Lori A. Grobaker, an adult
individual residing at 20 Pheasant Court. Mechanieshurg. Cumberland County.
Pennsylvania.
5. At all times relevant hereto. the Defendant was and remains the owner of certain
real property located at 545 Pear Street. I.emoyne. Cumberland County, Pennsylvania
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(hereinuner the "Property").
6. The Property is 1Illjlleentto IInd surrounded on 1111 sides hy property owned hy the
Plaintiffs.
7. The Property eonsists of II lot IIpproximlltely liny leet slluure. more or less, IInd II
severely dilapidated huildinglhal has heen condemncd hy Ihe Borough of l.emoyne.
8. On three sides of the Property, the Plaintifls' haw estahlished a parking und
storage lot for their excavution equipment. which consists of large maehinery.
9. The fourth side of the Property fronts onto Pear Street, IInalley tlmt parullels
Bosler Avenue in Lemoyne. The Pluintifls ulso own the property ucross Pear Street from
the Property.
10. The Defcndunt no longer rcsides in the Property.
11. In the spring of 1996, the Plaintifls approached the Defendant and indicated their
desire 10 purchase the property and include has part of their parking and storage lot for
Ihcir equipment.
12. The Defendant agreed to sell the Property.
13. The Property had deterioruted into an uninlmhituhle condition by the spring of
1996. and continues to deteriorate.
14. The Defendunt had heen unuhle to puy the property taxes on the Property lilr
several years. and the taxes had hecome delinquent.
15. The Defendant agreed to u sales price of $5.000. out of which the Delendant
agreed the delinquenllaxes would he paid.
16. The Property had heen listed for sale utthe lux sule to he held in Sept em her 1996.
17. The Plaintifls helieve. und there/lIre uver. thutthe property wus removed from the
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lux sule list because eounscllllr the Pluintiffs notilied the CUll1herland County Tux Cluill1
Bureuu thutlhe Property was under cllntruct Illr sale. und thut the delinqucnttuxes would
be paid at closing.
18. The Plaintin:~ also ugreed to dell10lish the dwelling on the Property at no cost to
lhe Defendunt.
19. In July 1996, the parties entered into u written ugreell1cnt (hcrcinuOcr the
"Agreement") for the sale of the Property. A copy of the Agreell1ent is attached hereto
and incorporated herein as Exhihit "A."
20. Under the Agreement, the Plaintiffs agreed to pay $5,000 for the property.
21. The Agreement specilicully provides that the past dne taxes nnd pennlties would
be paid from the purchase price.
22. The Defendnnt also owed the Borough of I.emoyne sewcr rcnts which were past
due and delinquent.
23. The PlaintilTs made a $I,OOll deposit upon the exccution of the Agreement.
24. Settlement was scheduled Illr August 2ll. 1996.
25. In anticipation of completing performance under the Agreement. Plaintiff'mnde
arrangements for settlement at thcir attorney's ol1ices, prepared closing documents,
including a title search, and perfornled all matters neccssary to transfer title to the
Property.
26. At the scheduled closing time. the Plaintiffs arrived with the requisite funds to
purchase the Property.
27. The PlaintilTs tendered the hulance of the purchuse price to Defendunt ut closing.
but the Defendant refused to complete closing or execute the deed.
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f
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Crider Excavation Company, Inc.
and Richard and Donna Crider,
555 Bosler Avenue
Lemoyne,PA 17043
In the Court of Common Pleas
Cumherland County
Pcnnsylvania
t
o
PlaintitTs
No.
v.
In Equity
Lori A. Brookover, aIkIa
Lori A. Grobaker,
20 Pheasant Court
Meehanicsburg, P A 17055
Defendant
VERIFICATION
I hereby veril'y that the statemcnts made in the foregoing Complaint are true and corrcct
to the best of my knowledge. I understand that false statements made herein are subject to thc
penalties of 18 Pa. C.S. 91804 relating to unsworn falsification to authorities.
;f-u~J (J~)
Richard Crider
Date: /-cJ 7 -tl7
AAALZ- ~
Donna Crider
Datc: h:17- 97
r:POIl IEel/ERT 'SEI1Il(lfIS
717237'=01':'
13':16,07-13
1l"3,? 11171 f'.l'V",!
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A.G~mNLBlItMLE OF JlI~AL..ES'l'A'ru
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MADE TIDS _ day of July 1996, between Mary n. Dnnner nud I.Qrl A.
Grobaker (hereinafter referred 10 as "Seller") amI Crider Excavalloll COlnPRIlY, Inc.
(hereinafter referred (0 85 "Buyers").
WI1'NESSETH, Ihal Seller agrees 10 sell and convey Ulllo nuyelS, 11IClr heirs ur
assigns, and Buyers agree 10 purchase, nlllhal ,'erloln 101 or Ilnl'l of groulld wllh ony
lmprovemeuu olld bulldillgs erected thereoll, known as 545 Pear Street, l.cmoyne.
Cumberland Couuly, Penmylvollla. Al1tl,uore f\llly described ill Record Buule P 3 I Pn~e 83,
re<:orded In Ihe Office of IIle Reclllder uf Deeds of Cumberland County, Peunsylvania.
Duyef1l hereby agree 10 pay for said premises the following alllouut alld in the
following manner:
Price:
Cash 01 the signing of Ulls
Agreemenl, receipt of which
is hereby acknow Jedged
.$5,000
,$1,0(10
Past due faxes and penaUies
($738.21)
Balance al Selllemcnl
$3,261. 79
TIm PARnES Nom TIlAT CITY, COUNTY AND ornER REAL
P.sTATE TA.XES ON TIlE PROPERTY ARE PAST DUE. IN CONSIDERA110N OF
TlUS AGRERMllNT, 111B BUYllRS AGRIlE TO PAY ALL PAST DUE TAXIlS
ASSESSED AGAINST mE PROPHRTY, l'ROVIDBD, HOWEVER, mAT TIm
PURCHASE PRICE OP TIll! PROPERTY SHALL BE REDUCED BY TIIB AMOUNT
TIlE BUYERS PAY TO SATISFY OUTSTANDING REAL nsTA111 TAXES. IT IS
UNDERSTOOD BY TUR P^RllFS l1IAT CURREl'n' OUTSTANDING TAXES WITII
PENALTIES TOTAL $738.21.
Selllemenl is to toke place ou or before August 31, 1996. Time l~ of the essence of
lIus ogreemenl. Sboultl Buyers foUlo make selllemclIl by payiug lhepurchase money ill fuU
a5 sel forth above or wllh/n any exlellslon of the selllelllent dale, or fall 10 comllly wilh the
lenus of IIlis agreement, Ihls agreemenl shall be t'ousldered null aud void and Sellers agree to
relum Ibe above deposit. Ponnal lender of dccU and purchase money lIfC waived. .
Possession shall be giveu by Sellers to Buyers al selllelllent.
ScUers shall convey to Buyers, by special warranly d~d, good and marketable title
which CRII be cerl/fled by allomey for Buyers or In~ured al standard rates by A title company
regularly insuriug lilies in Cllmber/and Cuuuly. Pennsylv811la. The premises shall be
couveyed free Rill! clear or all encumbrances. caseml"nls or otller ohjections to lille. Water
And sewer reulal charges shall be JlIU-rnled at Ihe lime of selllemcul.
Willi Ihe exceplion of real eslalc loxes as sel forlh ahove, Sl"Ucn &SIUIIII!'
responslhllity for filII payme", of 1111 municipal or olher govemml1lual assessmenls. wlll~re
1I0tices have heen served on the present or previous owners of Ihe said property prior 10 thll
dnle of selllement. Sellers WAlTilul tllnl Ihey have no nOllce of othllr municipAl or olher
govemmental improvements nr assessmeuts. Real estahl transfer taxllS shallllll divided
equally between Sellers AlllllluYllrs.
Sellers shall hear risk of loss from rire or other casually IInlillime of sellJemeut.
Bllyers shall have Ihe opllon of rescinding this agreemclIl Rnd rccelvlllll hack Rny monies pRhl
on IIccollnl, or acceplillg lhe properly in its then cOIulitilln Wllh the proceeds of any Insllrunce
re<'overy obtainable by Sellers.
Sellers wnrranl Ihal 10 the hesl of Iheir knowledlle, Informatlon and belief, their
presenlllse of the properly vlolales no exlstlng fedellll, stRle or lorlll law, ordillnncc or
regulation, nor deed restrictions, and Ihnt Seller have no notice of any proposed zoning
change.
Sellers walTllnl thaI 10 the hest of their knowledge, infonnallon allll hcllef, th~y hal'e
nOI dumped nor do Ihey have any knowledge Iherc has ever heen dumped on Ihe property
any hazardons waste. Sellers have nOl sloled 1I0r do Ihey have any aClllal knowledge tllRt
Ihere has ever been stored on Ihe property any hRZRnlons materials.
This snle Includes all plumhlng, heating, air-conditioning alllllighling fixtllre~
(Including chandeUers) and systems appurtenanl thereto allll forming a part Ihereof, allll other
pennanent fixtnres, as well as all I1l11ges, laundry tllbs, T. V. antennas, ma~ts al\(l rotor
systems, togelher with wall 10 wall carpcllul1, screens, slonn sash and/or doors. shAdes,
awnings. venetian bllnll~. couplings for automaUc washers And dryers. elc., mclialor covcrs,
comices. kitchen cabinels. dmpery rulls, dmpery md hardware, curtain rods, curtain
hardware. all trees, shn.hbery, plantlnlls now In or on property, garage door openers, if any,
and any remaining henllng and/or cooking fuels stored on premises, unless specifically
eltcepted in this agreement. None of the above mentioned Items shall be removcd by Sellers
from premises nfter dale of this agreement. Sellers shall deliver good title 10 all the alticles
described in this pnragraph, and Any other fixtures or Items of personality spedfically
scheduled and 10 he included in this sale, which are listed as follows:
111ls agreement shall be binding npon and illnre 10 Ihe henerit of Ihe pArties hereto,
Iheir respective heirs, executors, administrators and assigns. Seller and Buyers walTllnl,
represent and agree Ihat they have not entered Into an omlor wliUen agreement whereby a
hrokerage commission is due auy I'erson, COll'ol'8tlon, fiml or other entity ns a re~ult of Ihis
sale. Seller flltther walTllnts Ihat thcy shall be responsible for any costs or fees if they have
ill fnct lisled their property with a real eslate hmker, am] do indemnify Buyers from any
costs as R resnll of such. Buyers fUltlaer warrant lltat they shall be respoJ1sihle for any costs
ur fees If lltey have In fRCI deal! wilh a real eSlate hroker in wnnecllon with this property,
and do indemnify Seiter from any costs as a resul! of snch. SELLIlR AORBDS TO DEED
11m PROPERTY INTO THE NAMFS OF RICHARD AND DONNA, HUSBAND AND
WIFIl, AT TIlE OPTION OF I3UYIIR.
Seller agrees 10 mnlntaln the gronnds and Ihe Improvements and hulhling Iheroon in
2
Crider Excavation COlllpuny. Inc.
und Richurd ulld I)ollna Crider.
555 Bosler A venue
LCllloync,l'A 17043
III the COlll'tof COllllllon I'lells
Cnlllherlullll Coullty
I'ellllsylvuniu
t
.
r
I'luintill"s
No. 1/7- 5~7
H~
v.
III Equity
Lori A. Brookover, u/k/u
Lori A. Grobukcr,
20 I'hcasunt Court
Mcchllnicsburg, I' A ] 7055
Dcrcndunl
NOTICE TO DEFENn ANn CLAIM RIGHTS
YOU (lAVE BEEN SUED IN COURT. If you wish 10 derend ugainstlhc c1uillls scl rorlh
in the rollowing pagcs, you lIlustlukc action within Iwcnty (20) duys ullcr this Complainlund
Notice arc servcd. by cntering a writtcn uppearallee personally or by attomey alld filing in writing
with Ihc Court your derenses or ohjecliolls to the c1uims sellilrth hcreill. You arc wamed that ir
you ruilto do so the casc muy proceed without rorther noliee 1'01' uny money c1aimcd illthc
Compluilltor 1'01' any olhcr c1uimor rcliefrequestcd hy Ihe I'lainlilT. You muy lose money or
property or othcr rights importanllo you.
YOU SIIOULDTAKE TillS PAPER TO YOUR I.AWYER ATONeE. IF YOU DO
NOT IIA VE A LA WYER OR CANNOT AFFORD ONE. GO TO OR TELEI'IIONE TIlE
OFFICE SET FORTIIBELOW TO FIND OUT WIIERE YOI' CAN GET LEGAL I I ELI'.
Court Administrator
41h Floor
CUlllherlund County Coorthouse
Cnrlisle. I' A 17013
(717) 240-6200
NOTICA
LE IIAN DEMANDADO A USTED EN LA COURTE. Si usted quiere dcrcudersc de
cstus demand as cxpucstus clllus pnginas siquicntes. usted tienc vicntc (20) dius de pluzo nl parlir
dc lun rcchu dc In dcmandn y Innotilicacion. I lstcd dche prcscnlnr IlIIa apnricncia cscriluo cn
pcrsonu 0 pOI' uhogado y urchivnl cn lu corte cn limuu cscritu sus dcrcusns 0 sus ohjcciones ulnw
dClllllmllls cn contra dc su pcrsonll. SCllllVisudll que si ustcd no sc delicndc. In corlc tOlllllra
Illedidus y pucdc cnlrar IIllU nrdl'n cllnlm oslcd sill prcvillllvisll 0 Illllilicllcuion y pOl' cUlllguicr
(hcrcinullcr Ihc "Propcrly").
6. The Propcrty is IIlljaccllllllllllll surroullllcd llnall sidcs hy propcrly owncd hy Ihe
Plainliffs.
7. Thc Propcrty consisls llfalotapprnxinllllely tilly fcct square. morc or Icss.and a
sevcrely dilapidatcd hnilding thai has hccn cllndcmncd hy Ihc Dorongh of I.cmoync.
8. On thrcc sidcs oflhc Propcrly. Ihc Plainlifls' havc cstablishcd a parking and
slorngc lot for their cxcavalion cquipmcnt, which consisls llf largc machinclY.
9. The fourth sidc oflhc Propcrly Ironls onto Pcar Strccl,anallcy that parallels
Boslcr ^ vcnuc in Lcmllync. Thc Plaintifls also own the propcrty across Pcar Slrccllrom
tbc Properly.
10. Thc Dcfcndanlno longcr rcsidcs in thc Propcrty.
II. (nthc spring of 1996. thc PlaiutilT.s approach cd Ihc Defcl1llanl Dnd indicalcd thcir
dcsirc to purchasc thc property and inelude it as part of Iheir parking and storagc lot for
their cquipmcnt.
12. Thc Dcfcndantagrccd to sclllhc Propcrly.
13. The Property had dctcriorulcd inlo anuninhahitahlc condilion hy thc spring of
1996. and continues to dCleriorutc.
14. Thc lJelcndant hml hccnunahle 10 pay lhc propcrty laxcs un thc Propcrly IiII'
scvcral ycars, and the laxcs had hccomc delinqucnt.
15. Thc Defcndanlagrccd to a salcs price of$5.000.11ul of which lhc Dcfcndanl
agrced thc dclinqucntlaxcs would he paid.
16. Thc Propcrty had heenlistcd IiII' salc althe tax salc to hc hcld in Scplcmhcr 1996.
17. The Plainlil1s hclicvc. and thcrclilrc awl'. lhal thc propcrly was rcmovcd fromlhc
-1-
tax sale list because eoullsellilr the Plaintiffs notilied the Cumherland Connty TIIX Claim
Bureau that the Property was undcr contract till' salc, and thatlhe delinquent tnxes would
be paid at closing.
Ill. The Plaintiffs also agreed to dcmolish the dwelling onlhe Propcrty alno cost to
the Dcfendant.
19. In July 1996. thc parties enlered inlo a wrillcn agrecmcnt (hereinllllcr thc
"Agrccmcnt") for the sale ofthc Property. A copy of the Agrecment is allached hercto
and incorporalcd herein as Exhihit "A."
20. Under the Agreement, thc Plaintiffs agreed to pay $5,000 for the propcrty.
21. Thc Agreemcnt specilically provides that the past duc taxcs and pcnalties would
he paid from the purchase pricc.
22. The Dcfcndantalso owed the Borough of Lemllyne sewcr rcnts which were past
due and delinqucnt.
23. The PlainlifTs made a $1,000 deposituplln the exeention of the Agrecment.
24. Selllemcnt was schcduled IiII' August 20. 1996.
25. In anticipation of completing perlimnance undcr the Agreement, Plainliff madc
arrangcmcnts for selllement at thcir allorney's officcs. prcparcd closing documcnts.
including a titlc scarch. amI performed all mailers nccessary to transfcr titlc to thc
Propcrty.
26. At thc schedulcd closing timc. thc Plaintill~ arrivcd with thc rcquisite funds to
purchasc thc Propcrly.
27. The Plaintill's lendercd the hahmce of the purchase price to Defendant at closing,
hut the Defcndant retilsed to complete closing or exccute the dccd.
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MADE TillS _______ dilY uf July 1996, belween Mary II, Dnnner nud Lori A.
lJmhllkl~r (helt'iuafter rereffl~d 10 as "Seller") amI Crlcler EXCilvnllou COIllPIlIlY, IlIc.
(hcJ(~illllfter mferl'ed lu ns "III1YNS").
WITNESSETH, Ihal Seller agrees lu sell nlld convey IInlllllllyelS, their heirs or
assigns, and Buyers ogme In Jllln:hose, nUlhal t'rrloln 11.1 (11' tml.tllf l!roUllcI wllh any
lmpl'ovCUleUls amI blllldings ereeled Ihel'('un, knllwn as 545 Pear Sh-cel, Lcmuyne.
Cllmbl~r1aml Cuunly, Peunsyll'allln, antlnlOlc fully lIescribed in Record Buolt I' 31 Page 83,
recorded In rhl' Office uf Ihe Hl'clJldcl' Ill' Deeds lIf CUlllher/and COUllly, Pennsylvilnia.
Duycrs hereby agn!ll III Jlay for sail I prcmises the followiug IlJnounl and in the
fulluwing lIlilllllCI':
Price:
Cosh nl Ihll signing uf Ihls
Agrcclllelll, fCl:clpt (If which
is hereby aCkJ10wledged
$5,OOU
$I,UOlJ
I'asl due IMes ancl pelHlllies
($73B.21)
lIalance at Seltlemcnt
$3,26/.79
'IlI1I PAR'nES NOTIl TIIAT CITY, COUNTY AND OlllER RllAL
IlSTATE l'AXBS ON TlIF. PIlOI'IlRTY ARE l'AST DUE. IN CONSIDERA110N OF
THIS MHUlflMIlNT, TilE IlIIYIlRS AGlUlU TO PAY ALL PAST DUE TAXI~
ASSF4')SED AGAINST TIlE PHOPHRTY, I'llovmnD, HOWIlVIlR. llIATTIIll.
PUR('HASR I'IUCIJ or THD PROPnRTY SHALL HIl RP.DUCIJD BY TIm AMOUNT
TIIIJ IJUYIlRS PAY 1'0 SATISFY OUTSTANDING nl!AL P.':lTAl'I! TAXES. IT IS
UNDIlRSTOOD BY '1'1111 PARnl'S 'I1IAT CUIUU1l'r1' OUTSTANDING TAXES WITH
PENALTIES TOTAL $738.21.
Settlement is to take plan' 011 or befure Allgllsl J I, J 996. Thnll Is of Ihe essence (.1'
Ihls agreemenl. Should Dllyer~ flli/lo make sl'lIlelllcnl hy paying Ihepnrchase lIIuney ill filII
liS scl rUl1h above ur wllhln nny exlenslon ur Ihc settlelllenl dale, or fall 10 cOlllply willi Ihe
te/lIls of this agreelllclIl, this agreelllelll shall be wns/den,'d null mI(l void allll Sellers agree 10
11,111111 the abu\'o dl'Vllsil. Purmallender (If dced and pllrdlasll muney are wail'l'd.
Possessioll shall be given by Sellers tu Iluycrs al sClllelllcnl.
Sclll'u shall convey 10 Hllyt'IS, by spedalwnrrnllty deed, gum I nnd IImrkclab'e lille
which can be cerUned hy RttOntey ful' Bnyers (If illsllred nl slandard mles by a rille company
fOgll/ally illsnrillg lilies ill CUlllberlRnd CIlllllly. PI'nnsylvallla, The premises shall be
cOllveycd free nml clear u[ all cncllmhrallrcs, eascmenls or ulher ohje<'lions to litle. WaleI'
and sewcr fenlal chargcs shall be pllHnlc<lnl lhe lime or selllemenl.
WirJl the eXI'cplion or n!a1l'stnle In~l's as sel forlll 111,,1\'('. Srlll'rs IISWIIIC
res(lollslhllily for fllllpaYlllelll of nlllllllnlcipalor olher govcl1Inll1nlal ilssesslllenlS, whl~1ll
nOlices have heen sen'cd Oil the prescnl or PI'Cl'ions owners of Ihe said pwpcrty prior 10 Ihe
dnle of selllellll~llI. Sellers WAn'anl Ihnl Ilwy havc 110 nOlke of olhl~r lIIunicipal or olher
govennllcnlllllrnprovclllcnls or IIssesSllll'lIls. Rl~al eslalll transfcr laxes shall he divided
cqually belwcl!ll Sellers alld Bllyers.
Scllers shall hear risk of loss frolll firc or olhe,' casually unlillillle of sell/elllelll.
Bllyers shall have the opllonof rescinllllllllhis agreelllclIl and recclvlnll back nny lIIonies pnld
on IIccoullt, or acceptiug Ihe pmpllrly iu ils Ihcn condilioll with the proceeds of any In5untnce
mcovcry ohlainahle by Sellers.
Sellcrs warrnnl Ihal 10 Ihe hcsl of their knowh~d!le, illforlllalfon ancl belief, thcir
prescnt use of the pwperly vlolale5 110 exlslfnll fedeml, slale 01' lo('nllaw, ordinance or
rcglllatlon, nor deed reslrlctJons, and 1111I1 Seller havc no nollce of any proposed zOlling
challge.
Sellcrs WalTllnllhal to Ihe hesl of Ihclr knowledge, infonnallon and belief, they have
nnl dUlllpcd 1101' do Ib~y have any knowledge Ihere has ever been dUlIlped 011 Ihe property
nny hazardolls w8sle. Sellers have nOI II00ed nor do they have nny IIct\lal kllowledge thai
there has ever hcen slored on Ihe property any hnzanlol\s materials.
This sale Includes all pltunlJlng, heating, alr.rondilioning and lighling fixluI'Cs
(including chanddlers) ancl syslems appurlenalll therelo and forllllng a pan thereof, nud olher
pel'lnanenl fixlures, as wr.II as all mnges, laundry lllhs, T, V. anlennas, masls aud l'lllor
systems, logether wilh Willi In wall carpclhll~, SCl'ccus. slorlll sash aud/or c/oors, shades,
awnings. vcucllau hllnds, Cllllpllugs for illllulllalle washers IIml c/ryers. cle., rnc/lalol' covers,
com ices. kileheu cabinels. dropery rods, dl1lpcry mc/ hardware, cUl1ain rods, curtaiu
hardware, all 'rces. shnlhbelY, plautlngs 11011' in or on properly, garage door openers, if auy,
allll auy remaiuillg henllng ami/or ('OokluC fuels slored Oil premises, unless specifically
cxeepled in lhis agreelllenl. None of the ahovc lIIenllonl~d hems shall he rcmoved by Sellers
from premiscs nfler dale of Ihis agreement. Sellers shall deliver !lood lille In all the mticills
descrlbed in Ihis pnrngrnph, aud IIny ollieI' fixlures or Ilem.~ of personality spel'ificfllly
scheduled and 10 he inclnded in this sale, which are listed as follows:
This agreemenl shall be hinding npon and iuurc to Ihe heuefit of Ihe panies herelo,
Iheir respective heirs, executors, adl1liuislrnlors and assigns. Sellcr ami Buyers wan-anI,
represelll aud agree that Ihey have nol elltered luto an omlor wrillen ngreemenl whereby a
hrokcrnge cOllnnisslouls dne any perSOll, COlpol1lllon, finu or olher entily as n result of 'his
snle. Seller fmlher wanilnls Ihal Ihey shall he responsihle. for any costs or fees if Ihey have
in fac/Us/ed Iheir properly with a real eslale hlUker, and do indemnify Bnyers fronl lIny
COMs as a resllll of slIch. BIIY'Jrs rUlthc.. warrnnl Ibat Ihey shall "e rcsponsihle for any costs
lIr fees If Ihey have III fael 110.111 wilh " renl eSlnle. hroker in C(llInecl/nn with thls propelty,
"nd dll indelllnlfy Setter from any costs liS u msull of Slid!. SF.LUJR AORt!nS TO DUllD
'mll PROPUR'IY INTO THE NAMR~ OF H!CI/Alm AND DONNA, I/U5HAND AND
WIPIl, AT TIlE OIYIlON OF lnJYIlR.
Selkr agrees llllllalnlalnlhe gronllcls al\c1lhe IlIIpllll'elllcllls anti hllilding thereon in
'l
F"'7'(~ I 11:(1 En r 'SElllllir 13
"t17:-T;"'-:-llt'J.
"113 "(17~ 1'3
1("1137 '"171 P.(1,V('l.1
lhe same condition as pl'llvails nllhe tlmo of lhe signing of Ihis agreemenl, and to leave the
hulhllnlJ In 3n a~ i~ 1'''llllililln.
Scller herehy warrallls Ihal Ihcn: nrc nil lIuhtalllling nollces of Inking hy
condcmnatlon. Sellcr agrce lU ns~lgn at 5cll(cnwnt nil rights 10 conderllnalion lIIoney 10
Buyers by reason of nny Inking or notice lhcrcof afler exoculilln of Ihi5 agreclllcnt and will
Include such dnuse In a deed or othcr separatc inslnlllll'nl allll wl1l exocule any 01 her
docnmenl, necessary 10 carry (1nl Ihe foregoing, if requesled.
1l is furtber unde, stood nnd agrCI'.d hetwccn the palties heretlllhal Sellers will warrnnt
Ihal auy heater, alt conditioning compressor. IUshwashcr, gas range. and clectric and gas hOI
waler heaters are In operatillg l'llllditlon al the lime of selllcment, such illSpcctlon to be made
hy (he Buyers al their SOIlll~xpen5c. 'Ille aforementioned wanilnty will he considcred null
and void aner :he elate: and hOllr of ~elllcmeut. II i.s further underSlood lUId agreed belwcen
thc parties hereto thnlall trnnsferdblc warranlil~S or glmmntccs or maiulcnance conlracts in
effOCI allhe lime of seulcl1Icnl for the equipmcut mentioncd in this paragraph shall bl'.
tmnsferrlld 10 Ihc Buyers at thc limc of settlllnlcnl.
Should SeUers fail to clInl'cy 10 Buyers goud and marketable lIlIe as sel forth above al
setllement or within any exlllnsion of the settlement dale, or fail 10 comply wilh lIle tenns of
Ihis agreemcnt. then any above payments shalllJe relumed 10 Buyers togeUler wilh the
reasonable expenses of examiulng litle ROllmnklug survey, and Ihereafter, Ihls agreement
shall be void. In Ihe altentatlve. Buycrs may pursuc a rcmedy of specific perfommnce.
IN WITNESS WHEREOF. the parties have hereunto set tllelr hands nnd seals Ihe
day and year firsl above written.
WITNIlSS:
BUYERS:
Cridcr Excavation Company. Inc.
By _~~icllllnJ Crider. Preslde"!1
j./, . j'J){/IJ I/.
1-2 ~bl -' ;: . ./.(, Mc.)SEAL)
Richard eddc-r, Presidenl
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SELLI1RS:
) ).'("U, Jl'{i/ (SEAL)
M~l'Y 5:~aJ~~lC~!, .'
.. '\L.\. ': /'/<.k~--(SnAL)
LIJJ A. Ol'llhakcr
3
,
JUL 2 3 1997 d,41
Crider Excavation Company, Inc.
and Richard and Donna Crider.
555 Bosler A venue
Lemoyne,PA 17043
In the Court of Common Pleas
Cumberland County
Pennsylvania
Plaintiffs
No. 97-587
v.
Lori A. Brookover. u/kJa
Lori A. Grobaker,
20 Pheasant Court
Mechanicsburg. PA 17055
In Equity
Defcndant
ORDER
AND NOW. this _ day of
, 1997. upon consideration of thc
Plaintiffs' Petition for Civil Contempt, it is hereby ORDERED:
]. That the Defendant is in civil contempt oflhis Court for failure to comply
with this Court's May 25. ] 997 Final Decree.
2. That the Sheriff of Cumberland County is directed to execute the deed
incorporated into this Honorable Court's May 25. 1997 Final Decree (copy attached) transferring
ownership of the Property known as 545 Pear Street, Lemoyne Borough, Cumberland County to
the Plaintiffs.
3. That the Delcndant pay the Plaintiffs' costs in pursuing this Petition for
Contempt, upon submission of a statement of costs and expenses by the Plaintiffs.
J.
6. On May 25, 1997, this Honorable Court entered Final Decree ordering, in part,
that the Defendant "immediately execute the deed attached hereto and ineorporated herein
and thereby transfer ownership of the property that is the subject of this suit (known as
545 Pear Street, Lemoyne Borough) to the Plaintiffs." A copy of this Honorable Court's
Final Decree is attached hereto as Exhibit "A."
7. The Court served the Order on the Defendant on or about May 25, 1997.
8. By letter dated May 26, 1997, the Plaintiff also served a copy of the Court's Final
Decree on the Defendant, together with the deed referenced therein. A copy of the May
26, 1997 letter is attached hereto as Exhibit "B."
9. The Defendant has ignored this Honorable Court's Final Decree, and refused to
execute the deed referenced therein.
10. The Defendant is in civil contempt of this Honorable Court.
II. The Pennsylvania Rules of Civil Procedure provide that in actions in equity, this
Honorable Court may order the Prothonotary or Sheri ff to perform any act which a party
fails to perform within the time specified by the Court's decree. Pa. R.C.P. No. 1529 (b).
12. This is an action seeking specifie performance, is in equity, and therefore this
Honorable Court may Order the Prothonotary or Sheriff to execute the deed the
Defendant has failed to execute.
13. Beeause the Defendant is in contempt of this Honorable Court by failing to
comply with its May 25, 1997 Final Decree, this Honorable Court has the authority to
direct the Sheriff to execute the deed transferring ownership of the property in issue here
to the Plaintiff. Pa. R.C.P. No. 1529 (b).
.2-
'I'HIS INDEN'l'URE, made this day of ,
one thousand nine hundred and ninoty-soven (1997) between
LORI A. GROBAKER- BROOKOVER, a married woman, of tho County
of Cumberland, in the Commonwealth of Pennsylvania, party of
the first part, Grantor, and RICflAHU U. CHl[)~;R /.Ind DONNA
CRIDER, his wifo, of the County of Cumborland, in the
Commonwealth of Pennsylvania, parl.leH of the the second
part, Grantees.
WITNESSETH, That the saId party of the first part, for
and in consideration of tho Hllm of !'IVE 'l'flOllSANIl ($5,000.00)
DOLLARS lawful money of tho lInltod StilteD of America, to
her in hand well and truly paId hy tho Hald parties of the
second part, at or before the He/lUng /lnd doUvory of these
presents, the receipt whoreoC is hereby acknowledged, and
the said party of the flrHt pllrt being therewith fully
satisfied, contented, and paid,
HAS given, granted, barqlllned, Hold, alionod, remised,
released, enfeoffed, conveyed, /Ind conC I rmed by these
presents do give, grant, barqllln, Roll, 1I110n, remise,
release, enfeoff, convey, and confirm to the said parties of
the second part, and to tholr: holl'R and /Issigns, forever.
ALL THAT CERTAIN piece or pllrcol of land situate in the
Borough of Lemoyne, County of Curnberlllnd, and Commonwealth
of Pennsylvania, boundod and dOBcrlbod as follows:
BEGINNING at a point on the northerly Une of a 15 feet
alley, said point being at a distance of 320 feet measured
in a westerly direction along Dald alloy from a stake at the
intersection of the northerly Ilno of said alley with the
westerly line of Fifty Stroet oxtondod; thence along said
alley, South 51 degrees 5 minutos Wost, 50 Coet to an iron
pin; thence along lands nuw or formerly of the Lemoyne Trust
Company, North 38 dogreoH 55 mlnutos West, 50 feet to a
stake; thence by IllndR now or formorly of the Pennsylvania
Railroad Company, North 51 dogrooH 5 minutes East, 50 feet
to a concrete monumont; thonce by lands now or formerly of
the Pennsylvania Hallrood Compllny, South 38 degrees 55
minutes East, 50 Ceot to a point, the place of BEGINNING.
flAVING '1'1IF:IlEON EIIEC'I'~:1l .1 two-story single frame
dwelling house known IInd numbered as 545 Pear Street,
Lemoyno, PennsyJvnnlll,
BEING the same premises which Mary E. Danner, single
woman, by her deed dated October 30, 1985, and recorded
November 14, 1985, in the Office of the Recorder of Deeds in
and for Cumberland County, Pennsylvania, in Deed Book P-31,
Page 83, granted and conveyed unto Mary E. Danner and Lori
A. Grobaker, as joint tenants with the right of
survivorship, and not as tenants in common. The said Mary
E. Ilanner, widow, died January 4, 1990, at which time her
entire fee simple interest herein passed by operation of law
unto Lori A. Grobaker, also known as Lori A.
Grobaker-Brookover, sole survivor, Grantor herein.
TOGETHER with all and singular the tenements,
hereditaments, and appurtenances thereunto belonging, or in
anywise appertaining, and the reversion and reversions,
remainder and remainders, rents, issues, and profits
thereof.
AND ALSO, all the estate, right, title, interest,
property, possession, claim, and demand whatsoever, as well
in law as in equity, of the said party of the first part,
of, In or to the above described premises.
TO HAVE AND TO HOLD, all and singular, the above
mentioned and described premises, together with the
appurtenances, unto the said parties of the second part,
their heirs, and assigns, to their own proper use, benefit,
and behoof forever.
AND the said party of the first part, the above
described and hereby granted and released premises, and
every part and parcel thereof, with the appurtenances, unto
the said parties of the second part, their heirs and
assigns, against the said party of the first part and her
heirs, and against all and every person or persons
whomsoever lawfully claiming or to claim the same, shall and
will warrant specially the property hereby conveyed.
IN WITNESS WHEREOF, the said party of the first part
has hereunto set her hand and seal the day and year first
above written.
(SEAL)
LORI A. GROBAKER-BROOKOVER,
a/k/a LORI A. GROBAKER
SIGNED, Sealed and Delivered
in the Presence of:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA:
55:
COUN'I'Y OF
On this, the day of ,
1997, before me, a Notary Public, the undersigned officer,
personally appeared LORI A. GROBAKEH-BROOKOVER, a/k/a LORI
A. GHOBAKER, known to me, (or satisfactorily proven) to be
the person whose name Is subscribed to the within
Instrument, and acknowledged that she executed the same for
the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
NOTARY PUBLIC
I hereby certify that the precise residence of the
Grantees in the within Deed Is:
COMMONWEALTH OF PENNSYLVANIA:
ss:
COUNTY OF CUMBERLAND
RECORDED In
Mortgages, etc.,
llecord Book
the Office for Recording of Deeds,
In and for the County of Cumberland in
, Page
of
WITNESS my Hand and Seal of Office, this
, Anno Domini 1997.
day
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Crider ExcavlItionl'olllpany, lnc,
lIIul Richnrd 11I111 Donnll Crider,
555 Jlosler A venlle
Lelllo)'ne, I' A 17043
Inlhe ('011I'101' ('onllllon I'lells
('lIl11heillllul ('ollnl)'
l'enns)'lvania
J
-
I'llIinlill's
No. 'n.5K7
v,
In E11llily
Lori A, Brookover,lI/k/a
Lori A, <irohaker,
20 I'heasanl ('011I'1
McclulIlicshurg, I' A 17055
Defendanl
IMl'Olfl'ANT NOTICE
To: Lori A, Brookovcr, a/k/a
I.ori A, Gl'llhakcr
UATE 011 NOTICE:
March (,,1997
YOIl ARE IN DEFAIlLT BECAIlSE YOIIIIA VE FAILED TO ENTER A WIUlTEN
APPEARANCE I'EI{SONALLY OR BY A'ITORNEY AND FILE IN WRITlN<i WITII TilE
COIIRT YOI IR DEFENSES OR OBJE(TIONS TO TilE CLAIMS SET FORTI I A<iAINST
YOIl. IlNLESS YOIl ACT WITIIIN TEN DA YS FROM TilE DATE OF TillS NOTICE, A
JIJ()GMENT MAY BE ENTERED MiAINST YOIl WITIIOIlT A IIEARIN<i AND YOI)
MAY LOSE YOUR PROPERTY OR (HilER IMPORTANT RllillTS, YOU SIIOULD TAKE
TillS NOTICE TO A LA WYER AT ONCE, IF YOII DO NOT IIA VE A LAWYER OR
CANNOT AFFORD ONE. (iO TO OR TELEI'IIONE TilE FOLLOWIN<i OFFICE TO FIND
OIlT WIIERE YOU ('AN (i1T l.E<iALIIELI':
DlIuphinl'ollnly I.awyer Rclcrral Service
100 Pine Strcet
1',0, Bnx I K6
lIarrishllrg. I' A 1710K
I K006lJ2-7375
(..{'.t;~..~{1:/t_~_
Anthnn)' J,l'ieJico
Allorney li'r l'lainlill's
7) Ccdllr A venne
1',0, Bnx 775
lIel'shey,l'A 17(3)
(717) 533-K(,52
Dale: MlIrch 6, 1997
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THIS INDENTURE, made this day of
one thousand nine hundred and ninety-seven (1997) between
LORI A, GROBAKER- BROOKOVER, a married woman, of the County
of Cumberland, In the Commonwealth of Pennsylvania, party of
the first part, Grantor, and RICHARD D. CRIDER and DONNA
CRIDER, his wife, of the County of Cumberland, in the
Commonwealth of Pennsylvania, parties of the the second
part, Grantees.
,
WITNESSETH, That the said party of the first part, for
and in consideration of the sum of FIVE THOUSAND ($5,000,00)
DOLLARS lawful money of the United States of America, to
her in hand well and truly paid by the said parties of the
second part, at or before the sealing and delivery of these
presents, the receipt whereof is hereby acknowledged, and
the said party of the first part being therewith fully
satisfied, contented, and paid,
HAS given, granted, bargained, sold, aliened, remised,
released, enfeoffed, conveyed, and confirmed by these
presents do give, grant, bargain, sell, alien, remise,
release, enfeoff, convey, and confirm to thE said parties of
the second part, and to their heirs and assigns, forever,
ALL THAT CERTAIN piece or parcel of land situate in the
Borough of Lemoyne, county of Cumberland, and Commonwealth
of Pennsylvania, bounded and described as follows:
BEGINNING at a point on the northerly line of a 15 feet
alley, said point being at a distance of 320 feet measured
in a westerly direction along said alley from a stake at the
intersection of the northerly line of said alley with the
westerly line of Fifty Street extended; thence along said
alley, South 51 degrees 5 minutes West, 50 feet to an iron
pin; thence along lands now or formerly of the Lemoyne Trust
Company, North 38 degrees 55 minutes West, 50 feet to a
stake; thence by lands now or formerly of the Pennsylvania
Railroad Company, North 51 degrees 5 minutes East, 50 feet
to a concrete monument; thence by lands now or formerly of
the Pennsylvania Railroad Company, South 38 degrees 55
minutes East, 50 feet to a point, the place of BEGINNING.
HAVING THEREON ERECTED a two-story single frame
dwelling house known and numbered as 545 Pear Street,
Lemoyne, Pennsylvania.
BEING the same premises which Mary E. Danner, single
woman, by her deed dated October 30, 1985, and recorded
November 14, 1985, in the Office of the Recorder of Deeds in
and for Cumberland County, Pennsylvania, in Deed Book P-31,
Page 83, granted and conveyed unto Mary E, Danner and Lori
A. Grobaker, as joint tenants with the right of
survivorship, and not as tenants in common. The said Mary
E, Danner, widow, died January 4, 1990, at which time her
entire fee simple interest herein passed by operation of law
unto Lori A. Grobaker, also known as Lori A.
Grobaker-Brookover, sole survivor, Grantor herein.
TOGETHER with all and singular the tenements,
hereditaments, and appurtenances thereunto belonging, or in
anywise appertaining, and the reversion and reversions,
remainder and remainders, rents, issues, and profits
thereof.
AND ALSO, all the estate, right, title, interest,
property, possession, claim, and demand whatsoever, as well
in law as in equity, of the said party of the first part,
of, in or to the above described premises.
TO HAVE AND TO HOLD, all and singular, the above
mentioned and described premises, together with the
appurtenances, unto the said parties of the second part,
their heirs, and assigns, to their own proper use, benefit,
and behoof forever.
AND the said party of the first part, the above
described and hereby granted and released premises, and
every part and parcel thereof, with the appurtenances, unto
the said parties of the second part, their heirs and
assigns, against the said party of the first part and her
heirs, and against all and every person or persons
whomsoever lawfully claiming or to claim the same, shall and
will warrant specially the property hereby conveyed.
IN WITNESS WHEREOF, the said party of the first part
has hereunto set her hand and seal the day and year first
above written.
(SEAL)
LORI A. GROBAKER-BROOKOVER,
a/k/a LORI A. GROBAKER
SIGNED, Sealed and Delivered
in the Presence of:
(SEAL)
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