HomeMy WebLinkAbout03-4295Johnson, Duffle, Stewart & Weidner
By: Michael J. Cass/dy
I.D. No. 82164
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiff
LAUREL HILLS DEVELOPMENT CORP.
220 Tory Circle
Enola, Pennsylvania 17025,
Plaintiff
JEFFREY W. CLECKNER
114 Austin Drive
Enola, Pennsylvania 17025
and
SHARON L. SALOV
114 Austin Drive
Enola, Pennsylvania 17025,
jointly and severally,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - IN EJECTMENT
NOTICE TO DEFEND
To the Defendant:
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 are served, by entering a written
appearance personally or by attorney and filing in writing with the coud your defense or objections to the
claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the Plaintiff. You may lose money or 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 Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
Johnson, Duffle, Stewart & Weidner
By: Michael J. Cassidy
I.D. No. 82164
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiff
LAUREL HILLS DEVELOPMENT CORP.
220 Tory Circle
Enola, Pennsylvania 17025,
Plaintiff
JEFFREY W. CLECKNER
114 Austin Drive
Enola, Pennsylvania 17025
and
SHARON L. SALOV
114 Austin Drive
Enola, Pennsylvania 17025,
jointly and severally,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - IN EJECTMENT
COMPLAINT
AND NOW, this 2-c~ day of August 2003, comes the Plaintiff, LAUREL HILLS DEVELOPMENT
CORP., by and through its undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this
Complaint, and in support thereof avers as follows:
1. Plaintiff LAUREL HILLS DEVELOPMENT CORP. ("Laurel Hills") is a Pennsylvania Corporation
with its principal place of business located at 220 Tory Circle, Enola, Cumberland County, Pennsylvania
17025.
2. Defendant JEFFREY W. CLECKNER, a single person, is an adult individual who resides at 114
Austin Drive, Enola, Cumberland County, Pennsylvania 17025.
3. Defendant SHARON L. SALOV, a single person, is an adult individual who resides at 114
Austin Drive, Enola, Cumberland County, Pennsylvania 17025.
COUNT I
EJECTMENT
4. Paragraphs one (1) through three (3) are incorporated herein as Lf fully set forth.
5. Plaintiff is the owner of certain improved real property Located at 114 Austin Drive, Enola,
Cumberland County, Pennsylvania, which said real property is further described as Lot No. 202 on the
Preliminary/Final Subdivision Plan or Lot #147 of Laurel Hills North, dated June 21, 1999, last revised JuLy
21, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 79, Page 96
(hereinafter referred to as the "Property").
6. Plaintiff acquired title to the Property from Midstate Development, Inc., by deed dated
December 22, 1986, and recorded in the office of the Recorder of Deeds of Cumberland County in Deed
Book J, VoLume 32, Page 967, which said deed is incorporated by reference as if more futly set forth herein.
7. Defendants are currently in possession of the property, as joint tenants with the right of
survivorship (and not as tenants-in-common), pursuant to an Amended and Restated Installment Sale
Agreement dated JuLy 1, 2002, by and between Laurel Hills Development Corp., as "Seller," and Jeffrey W.
Cleckner and Sharon L. Salov, individually and collectively, as "Buyer" (hereinafter referred to as the
"Agreement"). A true and correct copy of the Agreement is attached hereto, made part hereof, and marked
Exhibit "A."
8. Pursuant to paragraph 4 of the Agreement, Defendants are required to make monthly
installment payments of $929.29, commencing December 1, 2001, and on the first day of each month
thereafter until October 31, 2004, at which time the then-remaining principal balance, together with any
accrued and unpaid interest, shall be paid by Defendants to Plaintiff, in full.
9. Defendants failed to make payments as required under paragraph 4 of the Agreement for the
months of June, July, and August 2003.
10. Defendants are Ln default of the Agreement for having failed to make the required payments
as set forth above in paragraph 9.
11. Pursuant to paragraph 8 of the Agreement, Defendants are responsible for the payment of
county, township, and school district real estate taxes assessed with respect to the property not later than
the expiration of the "face period" and shall, within thirty (30) days after payment of each tax bill, submit a
copy of the paid tax bill to Plaintiff.
12. Defendants failed to pay real estate taxes on the property for tax year 2002 in the amount of
$1,005.39 during the face period, and continue to be delinquent for having failed to pay the 2002 real estate
taxes thereby exposing the property to delinquent tax sale by the Cumberland County Tax Claim Bureau.
13. Defendants failed to pay county and township real estate taxes for tax year 2003 in the
amount of $427.18 during the face period, which ended June 30, 2003.
14. Defendants are in default of the Agreement for having failed to pay real estate taxes as set
forth above in paragraphs 12 and 13.
15. Paragraph 14 of the Agreement sets forth Plaintiff's remedies in the event of Defendants'
default, which said remedies include: "Upon such accrued default, [Plaintiff] may declare [Defendants'] right
of possession terminated, and upon written notice thereof, [Defendants] agrees to surrender the property
immediately."
16. By letter dated July 17, 2003, Plaintiff gave notice to Defendants of their default of the
Agreement for failure to make required installment payments for the months of June and July 2003, and to
pay certain real estate taxes during the face period for tax years 2002 and 2003. Copies of the
aforementioned notice of default is attached hereto, made part hereof, and marked Exhibit "B."
17. Defendants failed to cure the default within thirty (30) days after being given notice of said
default as required under the Agreement.
18. By letter dated August 15, 2003, Plaintiff notified Defendants that both the Agreement and
their right of possession of the property were terminated. A copy of the aforementioned notice of termination
is attached hereto, made part hereof, and marked Exhibit "C."
19. Defendants have failed to surrender possession of the Property.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in favor of Plaintiff
and against Defendants for possession of the property located at 114 Austin Drive, Enola, Cumberland
County, Pennsylvania, and direct Defendants to vacate said premises immediately.
COUNT II
LOSS OF INCOME
20. Paragraphs one (1) through nineteen (19) are incorporated herein as if fully set forth.
21. Defendants have failed to make all or part of the monthly installment payments of $929.29
pursuant to paragraph 4 of the Agreement for the months of June, July, and August 2003.
22. Plaintiff claims damages in the amount of $2,927.25, plus interest, for Defendants' failure to
make monthly installment payments for the months June, July, and August 2003, which said amount
represents delinquent installment payments of $929.29, together with a $46.46 late charge levied pursuant to
paragraph 4 of the Agreement, for the period of June 1, 2003, up to the termination of the Agreement on or
about August 15, 2003.
23. The fair rental value of the Property is the monthly installment amount of $929.29, payable
pursuant to the Agreement.
24. Plaintiff claims damages for Defendants' unlawful detention of the Property in an amount equal
to the fair rental value of the Property from the termination of the Agreement on or August 15, 2003, up to and
including the time of tdal, less any sums received on account of rent since the termination of the Agreement.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment against
Defendants for unpaid monthly installments and rent plus interest and costs in an amount to be determined.
:217515
Respectfully submitted,
JOHNSON, DUFFLE, STEWART & WEIDNER
Mi~ha~ J. Cassidy
Attbl'hey I.D. No. 82164
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
VERIFICATION
~, JERRY W. SIMPSON, President of Laurel Hills Development Corp., state that I am authorized to
make this Verification on its behalf, and that the statements made in the foregoing Reply to New Matter and
Counterclaims are true and correct to the best of my knowledge, information and belief. I understand that false
statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn
falsification to authorities.
Date: 8' Z ~** O"~
LAUREL HILLS DEVELOPMENT CORP.
7130-7 315115/021MJ C.mmb /151350.3
AMENDED AND RESTA TED
INSTALLMENT SALE AGREEMENT
THIS AMENDED AND RESTATED INSTALLMENT SALE AGREEMENT, made this / -~-('-day of
~'"J~[ 2002, by and between LAUREL HILLS DEVELOPMENT CORP., a Pennsylvania
corporat{~n, with its principal place of business located at 220 Tory Circle, Enola (East Pennsboro Township)
Cumberland County, Pennsylvania, hereinafter celled "Seller" and JEFFREY W. CLECKNER, single person
and SHARON L. SALOV, single person, as joint tenants with the right of survivorship (and not as tenants in
common) hereinafter individually and collectively celled "Buyer."
WITNESSETH:
WHEREAS, Seller is the owner of Lot No. 202, on the Preliminary/Final Subdivision Plan for Lot #147
of Laurel Hills North, dated June 21, 1999, last revised July 21, 1999 recorded in the Office of the Recorder of
Deeds of Cumberland County in Plan Book 79, Page 96, which said real estate is situate in East Pennsboro
Township, Cumberland County, Pennsylvania; and
WHEREAS, Seller has constructed thereon a single family residence municipally known and numbered
as 114 Austin Drive, Enola, Pennsylvania 17025; and
WHEREAS, Buyer desires to purchase said Lot No. 202 together with the single family residence
constructed thereon, and Seller desires to sell the same to Buyer under and subject to the terms and
conditions hereinafter provided; and
WHEREAS, Buyer and Seller executed an Installment Sale Agreement dated October 31, 2001, for
the sale of said improved real estate (hereinafter the "Prior Agreement"), which said Installment Sale
Agreement was recorded on November 1, 2001, in the Office of the Recorder of Deeds of Cumberland County,
in Miscellaneous Book 682, Page 824; and
WHEREAS, Buyer has made certain payments to Seller as more fully set forth herein; and
WHEREAS, Buyer and Seller desire to make certain amendments to the prior Agreement which
contained two erroneous references to the said improved real estate as "105 Austin Drive"; and
.7130-73/5/15/02/MJC.mmb/151350.3
WHEREAS, Buyer and Seller desire to confirm their understanding in writing.
NOW, THEREFORE, the parties hereto, each intending to be legally bound hereby, agree as follows:
1. Recitals. The recitals set forth above are incorporated herein by reference.
2. Subject Real Estate. The improved real estate which is the subject of this Installment Sale
Agreement is Lot No. 202, Preliminary/Final Resubdivision Plan for Lot #147 of Laurel Hills North, dated
June 21, 1999, revised July 2, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County
in Plan Book 79, Page 96, together with the single family residence constructed thereon, being municipally
known and numbered as 114 Austin Drive, Enola, Pennsylvania. Said Lot No. 202 is more particularly
bounded and described in Exhibit "A" attached hereto and made part hereof. Said real estate described in
Exhibit "A", together with the improvements erected thereon, are hereinafter called the "Property."
3. Agreement to Sell and Purchase. Under and subject to the terms and conditions hereinafter
provided, Seller hereby agrees to sell and convey to Buyer and Buyer hereby agrees to purchase from Seller
the Property.
4. Purchase Price. The purchase price for the Property shall be the sum of One Hundred
Thirty-nine Thousand Nine Hundred and 00/100 Dollars ($139,900.00), which said purchase price shall be
paid as follows:
Down Payment. Buyer has paid to Seller upon execution of the Standard Agreement for the
Sale of Real Estate, dated September 16, 2001, the sum of One Thousand ($1,000.00) Dollars
which sum shall be retained by Seller. Further, Buyer has paid to Seller upon execution of the
Prior Agreement dated October 21, 2001, the sum of Five Thousand Nine Hundred Ninety-five
and 00/100 Dollars ($5,995.00), which said sum shall be retained by Seller. Further, Buyer has
paid to Seller monthly installments in the amount of Nine Hundred Twenty-nine and 29/100
Dollars ($929.29) each for the months of December 2001 through and including May 2002,
making a total of Five Thousand Five Hundred Seventy-five and 74/100 Dollars ($5,575.74) in
installment payments paid for the aforementioned period pursuant to the Prior Agreement. The
aforementioned installment payments totaling Five Thousand Five Hundred Seventy-five and
7130-73/5/15/02/MJC.rnrnb/151350.3
74/100 Dollars ($5,575.74) is comprised of interest in the amount of Four Thousand Nine
Hundred Seventy-four and 63/100 Dollars ($4,974.63) and principal in the amount of Six
Hundred One and 11/100 Dollars ($601.11), which said principal component has been applied
to the principal balance of the purchase price.
Balance. The balance thereof, One Hundred Thirty-two Thousand Three Hundred Three and
69/100 Dollars ($132,303.89), shall be paid by Buyer to Seller, together with interest at the rate
of seven and one half pement (7.5%) percent per annum in consecutive equal monthly
installments of Nine Hundred Twenty-nine and 29/100 Dollars ($929.29), commencing June 1,
2002, and on the first day of each month thereafter until October 31, 2004, at which time the
then remaining principal balance together with any accrued and unpaid interest shall be paid by
Buyer to Seller, in full. Seller shall make each aforementioned monthly installment payment to
Seller by either certified or cashier's check. The maturity date of this obligation shall be October
19, 2004.
(1)
Prepayment. Buyer shall have the right to prepay the principal balance of the
obligation, as herein provided, in whole or in part, at any time without penalty or
premium.
(2)
Late Charge. Buyer shall pay a late charge equal to five (5%) percent of the monthly
principal and interest payment as herein provided if said monthly installment is not
received by Seller within ten (10) calendar days from the due date of said installment.
5. Existing Encumbrance. The Property is not subject to the lien of any existing mortgage or
other encumbrance. Seller shall not, in the future, encumber the legal title of the Property by mortgage,
judgment, lien or other encumbrance.
6. Title. At the time of final settlement, as herein provided, Seller shall convey the Property to
Buyer by special warranty deed and title to Property shall be good, marketable fee simple and such as shall be
insured by a reputable title insurance company doing business in the Commonwealth of Pennsylvania at
regular rates. Such title shall be subject to the conditions, restrictions, easement and rights-of-way of record.
7. Possession. Possession of the Property shall be delivered by Seller to Buyer upon the
execution of this Installment Sale Agreement.
7130-73/5/15/02/MJ C.mmb/151350.3
8. Future Real Estate Taxes. Buyer shall be and remain responsible for the payment of county,
township and school district real estate taxes assessed with respect to the Property after the date of the
execution of the Prior Agreement. County, township and schoo~ distdct real estate taxes shall be paid by
Buyer to the respective taxing authority not later than the expiration of the "face period" and shall, within thirty
(30) days after payment of each tax bill, subject a copy of the paid tax bill to Seller. Failure to pay real estate
taxes, as herein provided, shall be a default hereunder.
9. Sewer. Trash and Utilities. Effective as of the date of the execution of this Installment Sale
Agreement, Buyer shall be responsible to pay all future sewer charges, trash as well as all utilities used or
consumed in connection with the Property, including, but not limited to, electricity, gas, telephone and the like.
Seller shall have the right, at Seller's option, to require that Buyer provide proof of payment of sewer and trash
charges.
10. Final Settlement. Final settlement shall occur on or before October 31, 2004, at a time and
place mutually agreeable to Buyer and Seller. In the event that Buyer and Seller cannot mutually agree as to
the time and place of said final settlement then final settlement shall occur on October 31, 2004, at 2:00 P.M.
(prevailing time) in the law offices of Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne,
Pennsylvania. In the event that October 31, 2004, shall fall on a Saturday, Sunday or holiday then settlement
shall occur on the next following business day at the same time and place. Time shall be deemed of the
essence with respect to final settlement.
11. Delivery of Deed. At the time of final settlement, Seller shall deliver to Buyer, upon payment of
the then remaining principal together with any accrued and unpaid interest, a special warranty deed conveying
the Property to Buyer.
12. Realty Transfer Taxes. All realty transfer taxes assessed in connection with the conveyance
of the Property to Buyer shall be paid one-half (1/2) by Seller and 0ne-half (1/2) by Buyer at the time of finat
settlement.
13. Encumbrance by Buyer. Buyer shall not, without the prior written consent of Seller, encumber
Buyer's equitable interest with respect to the Property or any portion thereof.
.7130-73/5/15/02/MJC.mmb/151350.3
14, Buyer's Default. Payment of all monies becoming due hereunder by Buyer and the
performance of all covenants and conditions of this Installment Sale Agreement to be kept and performed by
Buyer are conditions precedent to the performance by Seller of the covenants and conditions of this
Installment Sale Agreement to be kept and performed by Seller. In the event Buyer shall fail for a period of
fifteen (15) days after they become due to make any payments required by this Installment Sale Agreement or
should Buyer fail to comply with any other covenant or condition of this Installment Sale Agreement on their
part to be performed, Seller shall give wdtten notice to Buyer of such default and upon failure of Buyer to cure
said default within a period of thirty (30) days after the giving of said written notice, Seller may exercise the
following remedies:
Upon such accrued default, Seller may declare the then remaining principal balance due under
this Installment Sale Agreement, together with any accrued and unpaid interest, to be forthwith
due and payable.
Upon such accrued default, Settler may declare Buyer's right of possession terminated, and
upon written notice thereof, Buyer agrees to surrender the Property immediately.
Upon such accrued default, Settler may notify Buyer that this Installment Sale Agreement is
terminated. Upon such notice all rights of Buyer under this Agreement shall be null and void
and Buyer thereafter shall have no interest whatsoever in the Property. Seller may
additionally retain all payments made by Buyer and may recover any further payments which
shall then be due and unpaid, or which shall thereafter become due and payable under the
terms of this Installment Sale Agreement, which sums shall constitute liquidated damages (not
as a penalty) under this Installment Sale Agreement, for the use and possession of the Prepedy
by Buyer and to compensate Seller, in part, for the removal of the Property from the market,
and for legal, accounting expenses and other expenses incidental to this transaction.
The foregoing remedies shall not be exhausted by one exercise thereof, but may be exercised as often
as there shall occur defaults by Buyer. Such remedies may be pursued by Seller independently of or in
addition to any other remedy herein provided and any further or other remedies provided by law or in equity.
Seller's failure on any occasion to enforce any right or exercise any remedy shall not constitute a waiver of any
default or the right to exercise any remedy. Seller's discontinuance of any action or of its exercise of any
remedy against Buyer shall not constitute a waiver of any right to pursue and action or exercise any remedy
upon further default.
,7130-73/5/15/021MJC.mrnb/151350.3
15. Quitclaim Deed. Buyer has executed a Quitclaim Deed for the Property, which Quitclaim
Deed shall be held by Seller's attorney. Buyer agrees that in the event of a default by Buyer, which default
Buyer fails to cure within the applicable period set forth in Paragraph 14 of this Agreement, and upon such
default, Seller declares this Agreement terminated, Seller shall have the right to record said Quit Claim Deed in
the Office of the Recorder of Deeds of Cumberland County.
16. Risk of Loss. Buyer shall bear the risk of loss of fire, other perils, storm damage or other
casualty damages to the Property (including the single family residence) occurring on or after the date of this
Installment Sale Agreement.
17. Insurance. Upon the execution of this Installment Sale Agreement and dudng the term of this
Installment Sale Agreement, Buyer shall maintain, at Buyer's expense, fire and casualty insurance insuring the
Property (including the single family residence) against fire other perils which said insurance shall designate
Seller, as its respective interest may appear, as loss payee or payees. In addition, Buyer shall maintain, during
the term of this Installment Sale Agreement, liability insurance which liability insurance shall designate Seller,
as its respective interest may appear, as an additional insured or insured. Buyer shall, upon the execution of
this Installment Sale Agreement, provide evidence to Seller that said fire or casualty insurance and liability
insurance is in effect and shall also provide, upon the execution of this Installment Sale Agreement, evidence
that the first year's premium for said insurance has been paid, in full, by Buyer and shall, thereafter, provide
evidence to Seller that said insurance has been renewed and the premium paid, in full.
18. Maintenance. Buyer shall be responsible to maintain the Property (including the single family
residence) in good order and repair and in substantially the same condition as the Property existed at the time
of the execution of this Installment Sale Agreement, reasonable wear and tear alone excepted.
19. Appliances. All appliances currently in the single family residence shall remain in the
townhouse residence during the term of this Installment Sale Agreement. In the event that any such appliance
must be replaced by Buyer then, in that event, Buyer shall replace said appliance with the same make
appliance or an appliance of equal quality and value.
20, Tender Waived. Tender of the special warranty deed and purchase money, as herein
provided, is hereby waived.
7130-7315115/02/MJ C.rnmb/151350.3
21. Entire Agreement. This Installment Sale Agreement contains the entire agreement by and
between Seller and Buyer and there are no other terms, obligations, covenants, representations, statements or
conditions, oral or otherwise, of any kind whatsoever concerning this sale. The provisions of this installment
Sale Agreement supersede any and all prior writings among the parties.
22. Notices. Unless otherwise provided herein, any notice to be given hereunder by either party to
the other may be made by personal delivery in writing or by certified mail, postage prepaid, return receipt
requested and shall be deemed received as of three (3) days from mailing. Mailed notices shall be addressed
as set below, but each party may change their or its address by giving written notice to the other in accordance
with this Paragraph.
If to Seller:
Laurel Hills Development Corp.
Attention: Donald E. Meske
P. O. Box 323
Berwick, PA 18603
Copy to:
Laurel Hills Development Corp.
Attention: Jen7 W. Simpson
220 Tory Cimle
Enola, PA 17025
If to Buyer:
Jeffrey W. Cleckner and Sharon L. Salov
114 Austin Drive
Enola, PA 17025
23. Waiver. The failure of either party to insist upon strict enforcement of any of the provisions of
this Installment Sale Agreement shall not constitute a waiver of the right to enforcement of that provision or any
other provision.
24. Descriptive Headings. The descriptive headings used herein are for convenience only and
they are not intended to indicate all of the matter in the paragraph which follow the descriptive heading.
Accordingly, descriptive headings have no affect whatsoever in determining the rights and obligations of the
parties under this Installment Sale Agreement.
7130-73/5/15/02/MJC.rnmb/151350.3
25. Modification. Any change or addition to this Installment Sale Agreement shall be made in
writing and executed by Seller and Buyer.
26. Assignability. Buyer shall not assign all or any part of Buyer's interest under this Installment
Sale Agreement or all or any part of their interest with respect to the Property without the prior wdtten consent
of Seller, which said consent shall not be unreasonably withheld or delayed.
27. Binding Effect. This installment Sale Agreement shall be binding upon and shall inure to the
benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted
assignees.
28. Time of the Essence. Time is hereby declared to be of the essence with respect to this
installment Sale Agreement.
29. Recording. This Installment Sale Agreement shall be recorded in the Office of the Recorder of
Deeds of Cumberland County at Buyer's expense. The recorded Installment Sale Agreement shall be returned
to Seller and shall be retained by Seller until final settlement as herein provided.
30. Governing Law. This Installment Sale Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of Pennsylvania.
31. Prior Agreement. This Amended and Restated Installment Sale Agreement shall supersede
the Prior Agreement in its entirety.
THIS SPACE INTENTIONALLY LEFT BLANK
?130-7315115102/MJC.mmb /151350.3
IN WITNESS WHEREOF, Seller and Buyer, each intended to be legally bound hereby, have executed
this Installment Sale Agreement the day and year first above wdtten.
WITNESS:
Seller:
LAUREL~LS DEVELOPMENT CORP.
(SEAL)'--
WITNESS:
Buyer:
~~er~L~
Sharon L. Salov
(SEAL)
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On the 2~.~ day of .k ~,r~, ~, 2002, before me, the undersigned officer, personally
appeared JERRY W. SIMPSON, known to ~ (or satisfactorily proven) to be the person whose name is
subscribed as attorney-in-fact for LAUREL HILLS DEVELOPMENT CORP., a corporation, and that he
executed the foregoing instrument as the act of his principal, for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
otary Public
NOTARIAL SEAL
MICHELLE M. BROSS, Notary Public
Lemoyne Borough Cumberland Co,
My Commission Expires Sept. 23, 2002
7130-?3/5/15/02/MJC.mmb/151350.3
COMMONWEALTH OF PENNSYLVANIA
COUNTY= o.,,t,
SS.
On this the I ~J~ day of ~-~',~ 2002, before me, the undersigned officer,
personally appeared JEFFREY W. CLECKNER~ and SHARON L. SALOV, 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 herein contained.
IN WITNESS WHEREOF, lhereunto setmy hand an:~~C ~'~~
NOTA,RIAL SEAL
CHERY,L L..NEARHOOD, Notary Public
~ers*ey, Dauphin County
My Commissio~ F.x~res Decernt~r 25, 2003
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
RECORDED on this __ day of
County, in MISCELLANEOUS BOOK
, PAGE__
, A. D. 2002, in the Recorder's Office of the said
Given under my hand and the seal of the said Office, the date above written.
, Recorder
RETURN TO:
Laurel Hills Development Corp.
Attention: Jerry W. Simpson
220 Tory Circle
Enola, PA 17025
JERRY R, DUFFIE
RICHARD W, STEWART
C, ROY WEIDNER. JR.
EDMUND G. MYEP~
DAVID W. D~LUCE
RALPH H. WRIGHT, ~P~
DASD J. LANZA
MARK C. DU~FIE
MELISSA PEEL GREEVY
MICHAEL J, CA~$1DY
ROBERT M. WALKER
LAW OF~ICF~
JOHNSON, DUFFIE, STEWART WEIDNER
A Professiorm[ C~rporatiol~
301 ~ ~ll~i
P. O. BOX 109
LEMOYNE, PENNSYLVANIA 17043-0109
TELEPHONE ?17-761-4540
E-MAIL mail~Jd~w, com
July 17, 2003
HORACE A. JOHNSON
COUNSEL TO THE FIP~
WRITER'S EXT. NO. 138
E-MAIL m~c~dsw.oom
Mr. Jeffrey W. Cleckner
Ms. Sharon L. Salov
114 Austin Drive
Enola, PA 17025
F[ECOPY
Re:
Laurel Hills Development Corp.
Installment Sale Agreement
*** NOTICE OF DEFAULT ***
Dear Mr. Cleckner and Ms. Salov:
We represent Laurel Hills Development Corporation with respect to the Amended and
Restated Installment Sale Agreement ("Agreement") dated July 1, 2002, by and between Laurel
Hills Development Corporation ("Seller") and Jeffrey W. Cleckner and Sharon L. Salov ("Buyer")
for the purchase of property located at 114 Austin Drive, Enola, Pennsylvania. Be advised that,
for the reasons set forth below, you are in default of the Agreement. Failure to cure each and
every default within thirty (30) days after receipt of this Notice of Default will result in Laurel Hills
Development Corporation terminating the Agreement and exercising all remedies available
thereunder.
As Buyer, you are in default of the Agreement as follows:
Failure to make timelv installment Payments for June and JuIv 2003. Pursuant to
paragraph 4 of the Agreement, you are required to make monthly installment payments
in the amount of $929.29 on the first day of each month until October 31, 2004. A late
charge equal to five percent (5%) of the monthly principal and interest payment is added
if said monthly installment is not received by the Seller within ten (10) calendar days
from the due date of said installment. You failed to make your monthly installment
payment within ten (10) calendar days from the due date of said installments in both
June and July 2003. Thus, you are in default $975.75 for both June and July 2003, for a
total amount of $1,951.50.
Mr. Jeffrey W. Cleckner/Ms. Sharon L. Salov
July 17, 2003
Page 2
2002 real estate taxes. Paragraph 8 of the Agreement provides that the Buyer shall be
and remain responsible for the payment of county, township, and school district real
estate taxes. The Agreement requires that real estate taxes shall be paid to the
respective taxing authority not later than the expiration of the "face period," and Buyer
shall, within thirty (30) days after payment of each tax bill, send a copy of the paid tax bill
to Seller. Enclosed herewith is a copy of a notice of delinquent taxes Laurel Hills
Development Corporation received from the Cumberland County Tax Claim Bureau
indicating that you failed to pay 2002 real estate taxes in the amount of $1,005.39. As a
result, the property may be exposed by the Cumberland County Tax Claim Bureau to an
upset tax sale. Your failure to pay the 2002 real estate taxes is in clear violation of
paragraph 8 of the Agreement.
2003 real estate taxes. As set forth above in paragraph 2, you are required to provide
proof of payment of real estate taxes within the face pedod. Laurel Hills Development
Corporation has not received proof of payment of the 2003 county and township real
estate taxes. The face period for county and township real estate taxes expired June
30, 2003, and the real estate taxes are now in the penalty period. Your failure to provide
proof of payment of the 2003 county and township real estate taxes within the face
period again constitutes violation of paragraph 8 of the Agreement.
Laurel Hills Development Corporation is hereby giving you written notice of default
pursuant to paragraph 14 of the Agreement. You hereby have thirty (30) days from the date of
this written notice to cure each of the aforementioned defaults. In the event that you fail to cure
any of the aforementioned defaults within thirty (30) days from the receipt of this Notice of
Default, Laurel Hills Development Corporation may exercise all remedies available under the
Agreement, including, but not limited to, declaring the remaining principal balance due,
terminating your right of possession of the property, terminating the Agreement, retaining all
payments made by you to date, and recovering any future payments which shall then be due
and unpaid, or which shall thereafter become due and payable under the terms of the
Agreement.
Please be advised that you are required to make all future installment payments in
accordance with the terms and conditions of the Agreement to the followi'ng address:
Laurel Hills Development Corporation
Attn: JerryW. Simpson
220 Tory Circle
Enola, PA 17025
Be advised that any payments made or sent to any location other than the foregoing will be
rejected.
Mr. Jeffrey W. Cleckner/Ms. Sharon L. Salov
July 17, 2003
Page 3
Please give this matter your immediate attention.
Very truly yours,
JOHNSON, DUFFI,E, STEWART & WEIDNER
Micl~. Cassidy
mmb:215876
7130-73
Sent VIA U.S. Certified Mail No. 7001 2510 0001 4138 5367
c: Laurel Hills Development Corp.
CUMBERLAND COUNTY TAX CLAIM BURFa~U
ONE COURTHOUB~ SQUAR~
CAP, ISLE PA 17013
** STAT~ENT OF DELINQUENT TA~S **
** AS OF 5/08/2003 '*
PHONE 17 3~0-6366
PAX 317 2~0-6354
OWNER OR REPUTED OWNSR
MAP NUMBER/DESCRIPTION
LAU~L RILLS
~RPOBATION
9 W~ST THIRD STREET
BERWICK PA 18603
09-15-1~88-346
6797
PENNSBORO TOW~SHIP
LAUREL HILLE NORTH
LOT,202 ~E 79.P~ 96
Residential Eu~lding
114 AUSTIN DRIVE
CU~-RENTLY TH~TOTAL TAXES DUE ARE $1005.39 (TAX YEAR 2002)
AT~TI~ PROPER~ O~Rt
~IE IS Y~ ~I~ N~I~ T~T OUR ~S SH~ ~ ~PA~ ~ FOR
Y~ 2002 ~/OR ~RIOR ~ T~ ~ REF~ P~P~TY.
TO AVOID EXPOSURE TO AN UPSET SALB, THB 2001 AND OR P~CIOR BALANC~ MUST BE
PAID IN ~LL ~ ~ ~ ~ 30, 200~, PA~ ~ AFT~ ~ 30
2003 WILL S~P T~ PRO~ER~ FR~ B~ING 80~, ~R, YOU ~Y BE ~Ib~ A
SA~ NOTI~, ~G~ ~STS, ~YO~ PROP~Y BE IN~ IN N~SPAP~
IN THE EVENT YOU A~E UNABLE TO MAKE PAYMENT IN FULL AT T~IS TIME, W~ URGE YOU
TO BEGIN MAKING PARTIAL PAYMENTS AT ONCe.. AN EXTENSION OF TIME (APPROX. 75
DAYS) WILL NOT BE ~U%NTED TO ~'YONE WHO HAS ~OT MADE P-EGOLAR PAYMENTS.
PT.R%SE CALL T~!S OFFICE FOR TH~ EXACT AMOUR-TDUE AS I'N~EST I~ ~DED ~
~ FIRST ~Y OF ~ ~. PA~ ~Y BE ~E ~N P~RSON BY ~N OR VIA
~IL BY ~y O~R, ~I~'S ~ OR~TIFIED ~CK. ~TIFI~
P~SO~ OR BUS~S ~CKS WILL N~ BE AC~PT~.
IF A ~C~IPT IS DE~I~D, PL~SE IN~E A ST~ ~F-~SSED
WITH YOUR PA~
OFFI~ HOURS ~ MO~AY ~O~H FRIDAY, 8=00 A.M. ~ 4=30
FR~ SHIPp~BU~R~ 532-7286, ~T. 6366; ~ST SHO~ 699-0371 ~T. 6366
~LISLE 240-6366.
COUNTY
TAX CLAIM BUKF~U
F,[9'a I0:60 ~00~ 8I un_r' cjS68C~,ZZ-[:Z:x~_.I
¢0'~ ~,0:60 ~OOC 8I uric
ODD
JERRY lC DUFFLE
RICHARD ~ STEWART
C. ROY WEIDNEIC JR.
EDMUND G. MYER8
DAVID ~ DELUCE
RALPH H. WRIGHT, JR.
DAVID J. LANZA
MARK C. DUF~IE
MELI88A PEEL GREEVY
MICHAEL J. CA881Dy
ROBERT M. WALKER
LAW Oi~FICE8
JOHNSON, DUFFIE, STEWART WEIDNER
A Professional Corporation
301 MARKET STRE~f
P. O. BOX 109
LEMOYNE, PENNSYLVANIA 17043~0109 WEBSITE:
COUNSEL TO THE FIRSt
TELEPHONE 717-761o4540
FACSIMILE 717-761-3015
F-MAlL rasll~daw, com
WRITER'S EXT. NO. 138
E-MAIL mjc~jdsw.com
August15,2003
VIA HAND DELIVERY
and CERTIFIED MAIL
#7001 2510 0001 4138 4438
Mr. Jeffrey W. Cleckner
Ms. Sharon L. Salov
114 Austin Drive
Enola, PA 17025
Re:
Laurel Hills Development Corp.
Installment Sale Agreement
***NOTICE OF TERMINATION***
Dear Mr. Cleckner and Ms. Salov:
Please reference our letter to you, dated July 17, 2003, providing a notice of default with
respect to the Amended and Restated Installment Sale Agreement ("Agreement"), dated July 1,
2002, by and between you and Laurel Hills Development Corporation for the purchase of
property located at 114 Austin Ddve, Enola, Pennsylvania, You have failed to cure the defaults
set forth in the aforementioned letter within thirty (30) days after having been given said written
notice, Because of your failure to cure the defaults, Laurel Hills Development Corporation is
exercising its rights under the Agreement as follows:
Laurel Hills Development Corporation hereby terminates your right of possession
in the Property and you are hereby required to surrender possession of the
Property immediately pursuant to the terms and conditions of the Agreement.
Laurel Hill Development Corporation hereby terminates the Agreement. Any
interest you have in the Property as Buyers is hereby terminated. Laurel Hills
Development Corporation reserves the right to retain all payments made by
Buyer and to recover any further payments which are due and unpaid and which
may become due and payable under the Agreement.
Laurel Hills Development Corporation declares the remaining principal balance
due under the Agreement, together with any accrued and unpaid interest, to be
forthwith due and payable.
Mr. Jeffrey W. ClecknedMs. Sharon L. Salov
August 15, 2003
Page 2
Laurel Hill Development Corporation reserves the right to exercise each and
every other remedy available pursuant to the Agreement.
Be advised that you are required to vacate the Property immediately. We ask that you
contact Laurel Hills Development Corporation for the purpose of arranging for a transfer of keys.
Failure to vacate the Property immediately will result in Laurel Hills Development Corporation
taking further action against you, which in turn may result in substantial legal fees being
assessed against you.
lar:217261
7130-73
cc: Laurel Hills Development Corp.
Very truly yours,
JOHNSON, DUFFLE, STEWART & WEIDNER
Cassidy
r~
SHERIFF'S RETURN -
CASE NO: 2003-04295 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLJ~ND
LAUREL HILLS DEVELOPMENT CORP
VS
CLECKNER JEFFREY W ET AL
REGULAR
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to
says, the within COMPLAINT - EJECTMENT was served upon
CLECKNER JEFFREY W
DEFENDANT at 1044:00 HOURS,
at 114 AUSTIN DRIVE
ENOLA, PA 17025 by handing to
JEFFREY W CLECKNER
a true and attested copy of COMPLAINT - EJECTMENT
the
on the llth day of September,
together with
2003
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.35
Affidavit .00
Surcharge 10.00
.00
38.35
Sworn and Subscribed to before
me this 2_~-~- day of
A.D.
· Prothonotary
So Answers:
R. Thomas Kline
09/12/2003
JOHNSON DUFFIE STEWART WEIDNER
Deputy Sheriff
~ SHERIFF'S RETURN
CASE NO: 2003-04295 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OP CUMBERLAND
LAUREL HILLS DEVELOPMENT CORP
VS
CLECKNER JEFFREY W ET AL
- REGULAR
KENNETH GOSSERT ,
Cumberland County, Pennsylvania,
says,
SALOV SHARON L
DEFENDANT , at
at 114 AUSTIN DRIVE
ENOLA, PA 17025
SHARON SALOV
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
the within COMPLAINT - EJECTMENT
was served upon
the
9th day of September,
by handing to
0845:00 HOURS, on the
together with
a true and attested copy of COMPLAINT - EJECTMENT
2003
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 10.35
Affidavit .00
Surcharge 10.00
.00
26.35
Sworn and Subscribed to before
me this J~/_ day of
A.D.
~rothonotary
So Answers:
R. Thomas Kline
09/12/2003
JOHNSON DUFFIE STEWART WEIDNER
J~hnson, Duffle, Stewart & Weidne~r
By: Michael J. Cassidy
I.D. No. 82164
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiff
LAUREL HILLS DEVELOPMENT CORP.,
Plaintiff
JEFFREY W. CLECKNER and
SHARON L. SALOV, jointly and severally,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4295 Civil Term
CIVIL ACTION - IN EJECTMENT
PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT
TOTHEPROTHONOTARY:
Enter judgment by default in favor of Plaintiff, LAUREL HILLS DEVELOPMENT CORP., and against
Defendants, JEFFREY W. CLECKNER and SHARON L. SALOV, for Defendants' failure to plead to the Complaint in
this action within the required time. The Complaint contains a Notice to Defend within twenty (20) days from the date of
service thereof. Defendant Salov was served with the Complaint on September 9, 2003, and Defendant Cleckner was
served with the Complaint on September 11, 2003, and Defendants' Answer was due to be filed on October 2, 2003.
Attached as Exhibit "A" is a copy of Plaintiff's written Notice of Intention to File Praecipe for Entry of Default
Judgment, which I certify was mailed by regular mail to the Defendants' attorney of record on December 16, 2003,
which is at least ten (10) days prior to the filing of this Praecipe.
Please assess damages in the amount of $6,830.25, being the amount demanded in the Complaint.
Date:
:222853
Respectfully submitted,
JOHNSON, DUFFLE, STEWART & WEIDNER
Mich~ I~. Cassidy
Attorn~'y I.D. No. 82164
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
JUDGMENT
entered in favor of Plaintiff, LAUREL HILLS D£V£LOP, Fv~ENT
CL£CKNER and SHARON L. SALOV, as directed above.
Prothonotary
2004, judgment in the amount of $6,830.25 is
CORP., and against Defendants, JEFFREY W.
EXHIBIT "A"
Johnson, Duffle, Stewart & Weidner
By: Michael J. Cassidy
I.D. No. 82164
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiff
LAUREL HILLS DEVELOPMENT CORP.,
Plaintiff
JEFFREY W. CLECKNER and
SHARON L. SALOV, jointly and severally,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4295 Civil Term
CIVIL ACTION - IN EJECTMENT
TO:
DATE:
JEFFREY W. CLECKNER and SHARON L. SALOV
c/o Johanna J. Kopecky, Esquire
Shagin & Anstine, LL C
300 N. Second Street, ~h Floor
P.O. Box 1225
Harrisburg, PA 17108-1225
December 16, 2003
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
:222218
JOHNSON, DUFFLE, STEWART & WEIDNER
Mich, ael2,K Cassidy
Atto'r~e~y IZ). No. 82164
CERTIFICATE OF SERVICE
AND NOW, this V%t_~ day of January 2004, the undersigned does hereby certify that she did, on this
date, serve a copy of the foregoing document upon the other parties of record as follows:
By First Class U.S, Mail, postaqe prepaid:
Mr. Jeffrey W. Cleckner
114 Austin Drive
Enola, PA 17025
Ms. Sharon L. Salov
114 Austin Drive
Enola, PA 17025
Johanna J. Kopecky, Esquire
Shagin & Anstine, LLC
300 N. Second Street, 8~h Floor
P.O. Box 1225
Harrisburg, PA 17108-1225
JOHNSON, DUFFLE, STEWART & WEIDNER
By:
Michelle M. Bross
Legal Assistant
Jolmson, Duffle, Stewart & Weidner
By: Michael J. Cassidy
I.D. No. 82164
~01 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 7614540
Attorneys for Plaintiff
LAUREL HILLS DEVELOPMENT CORP.,
Plaintiff
JEFFREY W. CLECKNER and
SHARON L SALOV, jointly and severally,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4295 Civil Term
CIVIL ACTION - IN EJECTMENT
PRAECIPE TO SA TISFY
TO THE PROTHONOTARY:
Please mark the judgment in the above-referenced matter as SATISFIED.
Date:
:225432
JOHNSON, DUFFLE, STEWART & WEIDNER
By: G ' '") (~ ~
Micha,el~. Cassidy
Attorney I.D. No. 82164
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
CERTIFICATE OF SERVlCF
AND NOW, this ~L~- day of March 2004, the undersigned does hereby certify that she did, on this
date, serve a copy of the foregoing document upon the other parties of record as follows:
By First Class U.S. Mail, postaqe prepaid.
Johanna J. Kopecky, Esquire
Shagin & Anstine, LLC
300 N. Second Street, 8~h Floor
P.O. Box 1225
Harrisburg, PA 17108-1225
JOHNSON, DUFFLE, STEWART & WEIDNER
Michelle M. Bross-
Legal Assistant