HomeMy WebLinkAbout08-2371EUGENE C. WILSON, a/k/a EUGENE : IN THE COURT OF COMMON PLEAS OF
WILSON, and VIRGINIA L. WILSON, a/k/a : CUMBERLAND COUNTY, PENNSYLVANIA
VIRGINIA WILSON,
PLAINTIFFS
V. : NO. U8 - 01.3'7 Civi ITEJI'`M
GORDON K. BANZHOFF, a/k/a
GORDON BANZHOFF,
DEFENDANT
: ACTION IN EJECTMENT
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by attorney and filing in writing with the
Court your defenses 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
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
EUGENE C. WILSON, a/k/a EUGENE : IN THE COURT OF COMMON PLEAS OF
WILSON and VIRGINIA L. WILSON, a/k/a : CUMBERLAND COUNTY, PENNSYLVANIA
VIRGINIA WILSON,
PLAINTIFFS
V. : NO. OF- 2 37/ et' -( -rt,,-
GORDON K. BANZHOFF, a/k/a ACTION IN EJECTMENT
GORDON BANZHOFF, :
DEFENDANT
COMPLAINT IN EJECTMENT
AND NOW, come the Plaintiffs, Eugene C. Wilson and Virginia L. Wilson, by their
attorney, Robert P. Kline, Esquire, who state as follows:
1. Plaintiffs are Eugene C. Wilson, also known as Eugene Wilson, and Virginia L.
Wilson, also known as Virginia Wilson, adult individuals who reside at 246 Creek Road, Camp
Hill, Pennsylvania.
2. Defendant is Gordon K. Banzhoff, also known as Gordon Banzhoff, an adult
individual who resides at 301 North 21 st Street, Camp Hill, Cumberland County, Pennsylvania.
3. Plaintiffs are the owners of certain real property located at 301 North 21 st Street
in the Borough of Camp Hill, Cumberland County, Pennsylvania, by virtue of a Deed dated
August 31, 1989, and recorded September 5, 1989 in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, in Deed Book 34D at page 663, a copy of which is
attached hereto as Exhibit "A".
4. On or about April 15, 2005, Plaintiffs and Defendant entered into a "Sales
Agreement" for the sale of the property at 301 North 21 st Street, Camp Hill, a copy of which is
attached hereto as Exhibit "B".
5. As a result of the "Sales Agreement", and based upon the mutual promises
contained therein, Plaintiffs allowed Defendant to take possession of the property on or about
May 1, 2005.
6. Paragraph No. 4 of said "Sales Agreement", in relation to special clauses, states in
part "the buyer will pay $900.00 per month for three years starting June 15, 2005".
7. Defendant has failed to make the $900.00 monthly payment for a period in excess
of eleven (11) months and the total sum of $9,900.00 is presently in arrears.
8. As a result of Defendant's failure to make the monthly payments required in the
"Sales Agreement", Defendant is in default and, therefore, has forfeited his right to possession of
the subject premises.
WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment
in their favor and against Defendant for possession of the real property located at 301 North 21 st
Street, Camp Hill, Cumberland County, Pennsylvania, as well as any and all other relief which
this Court deems fair and just.
1c) L Zbo,9
DATE
Respectfully submitted,
ROBERT P. KLINE, ESQUIRE
Attorney ID 458798
Kline Law Office
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Plaintiffs
VERIFICATION
I verify that the statements made in the foregoing Complaint in Ejectment are true and
correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
q -??-
Date
Date
EUG C. WILSON
VIRG L. WILSON
011 D -' COMMONWEALTH 0hV*"Q 1A
Mm , DEPAPITMEidT OF RE\'?. r.. t77ot
hSBER Ai3? C?;t-?A, serct? (` " " 0y
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MADE the day of aw?i?
in the year nineteen hundred and eighty-nine (1989) .
BETWEEN WILMA JONES BOSSERMAN, Single woman, of the Borough of
Camp Hill, County of Cumberland and State of Pennsylvania, party of
the first part, grantor,
A N D
EUGENE C. WILSON and VIRGINIA L. WILSON, his wife, of Camp Hill,
Cumberland County, Pennsylvania, parties of the second part, grantees.
WITNESSETH, That in conddemdon of the sum of Seventy-nine Thousand
($79,000.00) Ddlus,
in hand paid, the receipt whereof is hereby aclmowledged, the said grantor does hereby gwnt
and convey to the said grantees, their heirs and assigns,
ALL THAT CERTAIN House and Lot of Ground situate in the Borough of
Camp Hill, County of Cumberland and State of Pennsylvania, bounded
and described as follows, to wit:-
BEING Lots Nos. 166, 167 and 168 on a Map or Plan of Camp Hill Estates
dated October 21, 1913 and recorded in the Cumberland County Recorder'i
Office in Plan Book No. 1, at Page 60, and being more particularly
described as follows:
BOUNDED on the West by Twenty-first Street, formerly Church Stree•T
100.0 feet; on the North by Lot No. 169 on said Plan, 100.35 feet; on
the East by Lot No. 165 on said Plan, 100.0 feet; and on the South by
Berkeley Street, 100.5 feet. CONTAINING 10,042 square feet.
HAVING thereon erected a one story frame and stone dwelling house
known and numbered as 301 North 21st Street, Camp Hill, Pennsylvania.
BEING the same premises which Elmer E. Kauffman and Sara Kauffman,
his wife, by their Deed dated January 9, 1943 and recorded in the
Cumberland County Recorder's Office in Deed Book IV', Volume 8, Page
534, granted and conveyed unto John M. Jones and Mary L. Jones, his
wife. The said Mary L. Jones died on January 29, 1963, whereupon sole
title in said premises vested in her husband, the said John M. Jones
by right of aurvivorship. The said John M. Jones thereafter died on
January 14, 1977 and said premises was awarded to-Wilma Jones Bosserma3
the grantee herein, by Adjudication and Decree dated October 11, 1977
and handed down by the Orphans' Court Division of the Court of Common
Pleas of Cumberland County, Pennsylvania, which said Adjudication and
Decree is recorded in the Cumberland County Recorder's Office in Deed
Book "M", Volume 27, Page 249.
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C0_5384 PACE 663 EXHIBIT "
AND the said grantor will Specially WARRANT AND FOREVER DEFEND the property
hereby conveyed
IN WITNESS WHEREOF, said grantor he s hereunto set her hand and seal , the
day and year first above-writtm
old delivered in the of
....._........._..... saes)
.... ... . Z4 .. "' "' " Wi?ma? ones osserman
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................................ ................................. ....... _........ .... ................................. ._...... _....... _....... _........._.................... (=s)
...................................... _.......................... ................... ...... ........... _.... ................. ......... _............... ........................ (Saes)
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CZa39 wiTH OP Riasttaavos
I hereby certify, that the precise residence of the grantee u?._••. ° .° ~ _
?46 C2ce?/ ® r..._ ...... .... .... _............_.__a 4703..._
att. /TO /! i.
re M1 /j 1 Attamry or Agent for G=am
Commonwealth of P /ennsylvania
County of ..(2>.....yfi[ ................... SS:
On this, the 5 )1-?.y of 0,,,wju 1989, before me a Notary Public
the undersigned officer, personally appeared Wilma Jones Bosserman, Single woman,
known to me (or satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and ackmowledged that she executed the same for the purpose therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and offieiaNw`
NOTARIAL SEAL 54 •e- Y '•:
_ ...... ........ ( :... .....dil._....._.._
NANCYLHU?AMEL,NOTARY MC r
CM/P HELL tii O, CMJMRL&40 COUNTY ?'? _ GE`Y L ?'? /C u s
MY COff,"rAa4 EXPMES U4=1.19 It .. ! . Y...
MambK, Pen O-A Assodalm of Nota,isa My Commission ? ?D -? . ? •, :y '?i
Commonwealth of Pennsylvania
County of .............................................................. SS:
On this, the day of 19 , before me
the undersigned officer, personally appeared
known to me Car satisfactorily proven) to be the person whose name subscribed to the within
instrument, and acknowledged that executed the same for the purpose therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and sea].
............_ ......................
REMStM Br 1NE My Cm n&don Expires BOROU OF CAMP HILL
swiftry tooRD 34 PACE 6S4
5
L
h
State of
} SS
]mown to me (or satisfactorily proven) to be the person whose name subscribed to the within
instrument, and acknowledged that executed the same for the purpose therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
County of
On.this,.}te day of 19 , before me
the -undersigned-officer;.-personaUy appeared
My Cnmmtai- i3xp&e
the undetstgned offamr, personally app 11 !
known to me (or satisfactorily proven) to he the person whose name subscribed to the within
inst<ument, and aelmowledged that executed the same for the purpose therein
contained,
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
................. ........... _................ _.._._....................................................
............__ .............................._............_..................._.
My Commission Pzpim
State of
SS:
County of
On this, the day of 19 , before me
eased
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Commonwealth of Pennsylvania
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County of . ? t.C.k/L'L (.Z? ..............
RECORDED in the Offic?e/ for Recording of Deeds, etc, in and for said County, in Deed
Book No. -3T , Pegs 663
WITNESS my Hand and OfficialeS day , 19 0/
............... i................................................................................
Reewdu of Dmds
I
SALES AGRMWNT
Thus AGRB MBNT, dated. A r?? late between setter
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1. PROFNRTFr Buyer hereby arm to buy I
State of -- tO6et4
Agsuabodle alt of land: -162 _rnd pa
Opiteast idand"mr. Tait Pared 0 ? ' Geed Bao1L,
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Deposit at signing of 1144 Agreement, receipt of wWeb is hereby
Deposit on or before .10
Cash or ceAined fonds at
Total
3. FINANCINGc With)n tan (t0) days of Seller4 opprorsi of Ibis Sele$ ApaMneol, Buyer shat make a mmp ialed mertgap6 a (pernto?vte _ itr a
mm ! L?ti
tgap leading ins don or WiWOo m and dWgNWY "cnriag the rhomakg a f s: Ammml of mlawlic loan SPIN ,.?
MlnfttmrrTenn Mabrtom intarnt Rex e4fx pmertiation7kft if Plaonakg wlnsln Otesa Wmf a 1"r"e ore prebb Io
Buyerb ooh "nod by ,111.._, Buller m Seller may terminate Iola Agreni/ prom"g written "des to Iha oNer to which Brent Ore
Deposit wig be retuned, Ica arty expenses hamInd by Agent an babe f of the Boyer _. . 9 . •J - . _
13.
14.
13.
16.
17.
Is.
19.
10.
11.
21.
23.
24.
23.
26.
27.
28.
79.
30.
31.
31.
33.
34.
35.
30.
37.
38.
39.
4. Spatial Clinical
9. DllOldl(S)r / A . is agent for O Seiler b Boyer ODD??d Agent for 9aRer andn3eyee U .., le
acting as dud agent, _ ix the dsstganlad agent for Seger, and '?,? b the tj designated 13 for
Bayer. Is it 0tscnsed btakeruatlag K m ads transaction a .gent [or O Seller ? Beyer
O Transmneka tieenae waking with Buyer. Lleenseas whd represent Seller may perform terries for the Boyar it eormeodon with fbmaing.laaarmc$
doanuent pmpamdon. and other almnar services. Bayer and Seller have received and rovlewed the Commmer Nodos adopted by the Stale !teal Wait
Commission at 49 M. Code 133.336. The defhddo u of bmioen relationships ad tie dolor required of Bcawees aft jut [orth In the N"tke we incorporated
hrm as rttaagb set forth at length. 11 !Cr n.nY?_ !Ill
6. 8ET'ff.EMF.NTITIMB OF THE HUSENCID SetlemMrl to be an r unless Buyer and Seiler agree upon a
prior data If the Boyer falls to make matu aM by pods the Fichssa Poll to in Wma the IMMIl riant dal", IM Agr"Mnml than be void. and the
Icminnt(o) pall by the lhtyer shin be retained by Seller is Bodstad damages. Permission Is graeted . to extend. without Trader miles in the patties here-
to, the aatflemenl dale mWat otter debts provided In Olds Agwoutcat for a period not to exceed Plenty (90) days Time dull be of me amince la all terms and
condldona of this Agmaamad.
7. NON-REAL ESTATE EXTRA& All abling phumbing, luatng, sir-aoadldoa(ng and lightog Bxtma, and systems appurtenant thereto toed fanning a
pad ,harm, and other permanent Extmee, we kchtded in boa into and pmdtase price. Nacre of the abort maadlatted Item shall be removed from the prepetty
or anlex0ahed by tho Seiler aner the daft of thta ASmonte"t_ Any remaining hating Wei atered an the propMy at rte Wes of nulaumd Is also Included under
this AgrtMeeat. Stiller hereby 1n mnlet at Boller will delher,good Ildo to an of the atchss described In dds paragraph, and any ether nxh um or itanu of
p sondty apednaai)y, scheduled below and to he tndaded in this Sa
40.
41.
41.
43.
44.
43.
46.
47.
4r..
49.
50.
51.
52. 0. POSSRSSIONt possession to to be ghee:- MAY
53.
54. 9. SRWAGE AVA.Il.A111WT71 Tha property )(DOES 17 DOES NOT love a community weep system evaftabla to 16 Salon 7 of the Pennsylvania
33. sewage IWRlex Act provides that no peranu shell IastaR, comheet, mquul bid propo ids for construction. alter, mpair or occupy any building at slnetroe for
S6. which on Individual 4awsp sysem in to be installed, without But oblobdug a permit. Beyer to advised that hafom dgalng title Agreement Buyer ahpuld con-
57. tact the local agency ohsrged wins administering the Ad to ddetmina the pmcalma and where the, daf y o'tale?gs permit f? n?palh?doooll sewage
36. system. Tla local agency charged with admidAadng the Ad will be tiro m"ekip0ty
59. conpnridvely with onsets.
W. 10. ZONING% The Seller warrants that: the Pasprorty has the Pogowing 7oWq Ciwlneeton: Palium of this Agreement to
61. coulsln die inning ch i sinatlon (seep( M one where site property (and arch pascal themor, U mbdividable) Is toed soNdy or iahmdf ly to fixing ainale-
67: teeny dwallinp) wilt Under this Agremneat "]debts at the option of the Bsya: and, Ir veldda4 any deposit. t.Womd by the Buyer win be Warned to do
63. . Boyer wiOmit any morem ms for court kdlon. Sella farther wassnle that tie piamtl nor X13 O IS NOT In complleroa therewith. Boiler futtber warmta
64, that the property 013 iS NOT within dra Geeaat Flood Pubs DisbfcC the Pr"trerty hS 9 NQf wOMtia Nbtode DWol mod dial dmto exist na
65. nodes of iffy u violation of housing, bu(Idhtg, plumbing, ]ea do l spfdy or Rra oWins in mid regulations, except 04 provided hereinafter
66.
67. Sella will obtain for Seldament nay ed all certifications of inch condktow Ugtolmd by the laws of this CommanwexRb and or any nonlcipsi subdivision.
66. Ruyer to Advised lhal axe to a public toed may require broance of a highway occupancy pert nom the Department of Transportation.
09. 11. TITI.Bo 110c Is to be conveyed by special warranty daai executed by Seller and shall be good and tmukelabha. Gee of all Ilaw and mtcumbtsaces, except-
70. Ing statue regulations, ordinances, mommilms. ids" ptuctnttoo rewctluw, prlvlieges or rights of public service emnpseies, asemer " and mstrictuw
71. nr record or visible by Inspection. If Seller G unable to tnmvey goad and set able title and inch as will be lateral by a rapotable title company at reela
72. Isla, Bayer toy take antis title as Seller can convey without slishownd of Pike or lerndnole this Agreement In which ease Sella shall awe the deposit to be
73. interned to Bnyer and shall ratmbaa Hnya's expaaea for obtaining Ild¦ Wader wvaage±Freedoms for hazard end good coverage, mechanics Jim Insurance.
74. title Amah face, oppaaleai fen and ban chinees paid In wive m modpge bo utar tr Any.
75. 12. A1X7USTMJ&r 8 AT SWMZMZNTt Red estate taxes shall be apportioned an a per diem basis fn scerrdunm with the neat year or the testing bodies
76. In the date of adterncnt. Rent, water and sewer mus, if applicable, shall also be on apportioned to the dote nr settlement. Etdsdng leases sat security
77. dapodlz, Ratty, shall be assigned to Buyer at attlemerl.
7A.. 13. ASSE,SSMENT& Sena mpramte and warrants that no ssxstmens or notice of uuesrnaiu fbr.publie Im mwemeeA have been made against 00
Pmpedy width will am be paid in NII pdor to the time of find settlement Buyer will be responsible for any payrow or assamncuu or Imlica of assnsrmeitta
made *Aw the dote of Ohio AgreerreeA for any public Improvements. .
19. 14. TRANSFER TAAE3t Real atilt trander taxes will be. divided rspmolly between Beyer and Seiler. EXHIBIT ccB"
al. 16. SUBDIVISION AND SURV19YI To littler shall be responsible fm, dRigattiy parent, sed pay, der expense of satisfying any subdivision onBmnao and
82. approval requirements necessory to convey the Property lWully as well as nay boundary surveys naeessmy to transfer tide or remove thin objecdoaL troy
83. other surveys ere aemcsary or desired, they shall be secured and PAM for by the Buyer.
84. 17. HAZARDOUS WASTEn Seiler represents and werrams tot Sella has no attest knowledge am eny Fawn to believe that bazar" waste or
85. contaminants (lneluding asbestos eel radonk that night result M liability to to owner of the Property for cosh and expenses Incurred to remodlak such
86. condition, have error been or we presently rand or being disposed of w the property. patlmmme, SeHm areas not to dlapae of any hesudous wade or
87. contaminants an the Property during the term of title Agreement. Sella "I to snow any and aU Minty Ind cosh a a result of a branch of this or any
88. ofim beW n contsieed ropes cotalloa end warranty and to la tencify Agent sgmleat my lost or claims against
89. Agents In emoeedon iherewith.
90. It. UNDERGROUND STORAGE TANKSt Sella represents and warrants that alt storage tanks locltsd an die Property (If any) whether aboveground or
91. underground, have iron reported and millstered with do splemprtdo slate andla local agency andiat department n required by ha w coal have have to mend om, any
92 being mabmdned as required by law. In the event that the Sella has not compiled with say applicahis statute or (?
93, and all IlsbBity amt tale Inccured an n remit urn breach or noncompliance with der applicable astute, eel to Indonntry Agents Malast any loss a elders
94. against Agents In connection thatwlth.
95. 19. INSPE(: r10Nt R Is understood that Buyer has Inspected the Property a? by the wSadf ? a ?,ngMtto do ar or employee of Seller, or by any B lined
961 such inspection and not because of or to reloa a upon any represec
97. or any of to Broken' salespersons rod employeer, and Buyer siren to purchase the Pmpmy In Its present cooeldon
98. unless othawin specified hereln.
99. 20. BROKERS' LIABILITY1 R Is expressly ardentood and agreed between to partial hereto that do Brokers, their sslespertoro sad employees, or any
100. officer a perum d Brokers, era meting a Broken only and will In no an whdwnver be held liable, cidu r jointly ar severally. to either party fm the
101. perfmmance or any term or Covenant of this Agree v nl or for damages for the nonperformance thereof.
102. 11. REAL. ESTATE RECOVERY FUNM A eta( estate recovery fwd exists to reimburse person who have suffered monetary loss and have obtained an
103. uncotleaible Judgmen due to head, wLrepresenhadon or deceit In a red estate basnodon by a Pennsylvania licensee. For War Information, all the
104, Pennsylvania Sate Real Pntate Coormisslon at (717) 783-363L
105. 22. ENTIRE ACRE MBM: This Agreement oaths the whole Agrammed omwem the Sella and the Buyer, and thus are no oilux tame, obligations,
106. covenada, representations, statements or conditions, or otborwhe crony kind whatsoever, eneeeming this Isla Furthermore, this Agnament shall not be
107. altered, amended, changed or modified, except in writing emoured by the parties hatuL
108. 23. DEPOSITSt All deposits, whether ash, clack, Judgment Raft or odor instruments, and regardless of the person design" as payee, shall be tetalned by
109. the Agent for Seller Into escrow or nduclary account M accordance with On Real Estate Licensing and Reglauelioo Act of the Commonwealth of
110. Pennsylvania sad Rules std Regnhdow of do Rat Estate Commlssten. Buyer agrm that Broker may Itaafer BoyerY deposit to mother real =late ltaema
Ill. with Bmyces prior ctm mL in the event of a dlspolt over anttkmaot to deposit. Broker will malatain do game M an escrow ratount until ¦ tesolutlw of to
112• dispute by slimmed or Nrti order of court. 49 Pa. Cuda 035.333(&)(6). Boyer and Seller agrm tires IF Broker Is Joined In m tuft over entitlement to deposit,
113. the pony *Wag Broker than pay Broker's hauls and face, Including attorney real.
114. 24, RB.LEASE. Buyer aid Sella Falcate, quit claim end fgrevcr discharge, Broker and any cooperating rat allele lianas, their contractors and employees
115. or any other pence, emporadon• or eutly that may be liable by of through tom, tom any and ell claims, loan or dammda. Including, but not limited to, per-
116. Coal Injury and properly damage, and the wasegaehen thereat, known or not, that my Idea from the prawns of envboamental cards, or any dortelt or
117. condition of or on IM Property. Buyer and Seller acknoalollp that Broker and my cooperating red estate Raenem are acting as agents only, and win in no
118, case whatsoever he laid liable either Johdly or uvmUy te enter Buyer or Seller for to performance of my term or covenant of the Agreement of sale or for
119. domain from le luw to perform by any parry. Thin Release shell sorv)ve whiemed.
120. 25. REPRESENTATIONS. Buys and Seller arm that represumatiom, clams, advertising and premottomt activities, brachnres, or documents of any kind
121. oak by Seller, Broker, agppecadng cal liters Realm. W the employeet?cadrsglors at any of than are nd ¦ put at to Apcement anleas expressly sated
122. domhu nor have Btyer and Senor called an Inch M mlering imo to Agreement. Buyer bas Impacted Ilea Property or has waived to right to do to, and agrees
113. to purchase it In Its pullet condition whew otherwise slimed In the Agrmmmt. Buyer and Seiler acknowledge that Broker and cooperating )Icensm have not
124. determined whether no present or proposed an of 0m Property Is lewfol, nor hove they performed on examinl0on of aswssmcnt Of the genmai a
125. environmental condition of the Property, or of condition existing In the locale *has lie property it silastn.
126. 26. ADDITIONAL DOCUMENTS: Seller and Buyer agree to execute and deliver any documents reasonably nocetasry or daitabie to carry out the term
127. and conditions or this Sales Agreement.
178. 27. AUTHORITY1 The pawn(s) executing ibis Agtesmmt an behalf of Buyer and Seller warrant std represent [hilt they have all aaceasnry power Ind
129. authority to exacots, onto Into, deliver and perform this Agreement.
130. M ASSIGNM IRM This Agreement shall be binding upon the respective Inbs, exemors, edminhrdan, anccessms and upon to ualgns of tim pardes
131. hereto; Provided, bnwew, that Indent otherwite expressly provided hadM mina Beyer ton not transfer or assign Buyer's Interest without the prior written
132. consent or Seller, which than not be unrasoably withheld.
133. IN WITNESS WHRREOt; INTFNOINO TO HE i.BOALLY BOUND, Res points have awed this Agreement to be executed cod delivered as of the day
134. and year fiat &ove written.
135. ATTESTMITNESS BUYER:
136. 4 4E 9 -1'
137. ( a d C Ip, If applicable)
138. By: 3BAL)
139. [Vile) (SEAL) By.
140. Print Neese Q/L?/Yt??v Rtla:
141. AT MSTIWlTNESS
142.
Ida.
144. By:
145. (Tide) (SEAL)
146.
31R.LBR
(Nam of Ccipma on or partnership, If applicable)
By (SEAL)
Print Nam: Thle
ADDENDUM TO SALES AGREEMENT
The purchase price of $129,000 is to Include the installation of central heat and
air conditioning by the seller. If for some reason the seller choses not to install the
central heat and air conditioning, the purchase price will be reduced by the average of
two estimates to install the central heat and air: one obtained by the seller's contractor
and one obtained by the buyer's contractor.
Both buyer and seller recognize that the back basement wall and side wall are In
need of repair and that the seller has contacted his insurance company. If the repairs
are covered by the insurance company, then the work will be completed using the
proceeds from the insurance claim to buyers satisfaction. Or, in lieu of the repairs not
being done, the claims check from the insurance company will be signed over to the
buyer. It the repairs are not covered by the Insurance company, then the purchase price
will be reduced by the average of two estimates to complete the repairs: one obtained by
the seller's contractor and one obtained by the buyer's contractor.
Gene WIlpn
Virgi Wils n
Gordy Banzhoff
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EUGENE C. WILSON, a/k/a EUGENE : IN THE COURT OF COMMON PLEAS OF
WILSON, and VIRGINIA L. WILSON, a/k/a: CUMBERLAND COUNTY, PENNSYLVANIA
VIRGINIA WILSON,
PLAINTIFFS
V : NO. 08-2371 Civil Term
GORDON K. BANZHOFF, a/k/a ACTION IN EJECTMENT
GORDON BANZHOFF, :
DEFENDANT
ACCEPTANCE OF SERVICE
I, Nathan C. Wolf, Esquire, attorney for Gordon K. Banzhoff, a/k/a Gordon Banzhoff, the
Defendant in the above captioned matter, hereby accept service of the Complaint in Ejectment in
the above-captioned matter and certify that I am authorized by my client to do so.
Respectfully submitted,
Date: Z Z
Nathan C. Wolf squire
10 W. eet
Carlisl 17013
(717) 241-4437
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-02371 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WILSON EUGENE C ET AL
VS
RANZHOFF GORDON K ET AL
R. Thomas Kline
duly sworn according to law,
inquiry for the within named
BANZHOFF GORDON K AKA GORDON
unable to locate Him in his
Sheriff or Deputy Sheriff, who being
says, that he made a diligent search and
DEFENDANT
BANZHOFF but was
bailiwick. He therefore returns the
the within named DEFENDANT
RANZHOFF
301 NORTH 21ST STREET
CAMP HILL, PA 17011
NOT FOUND , as to
BANZHOFF GORDON K AKA GORDON
ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE
TO MAKE SERVICE PRIOR TO EXPIRATION.
Sheriff's Costs:
Docketing 18.00
Service 45.00
Not Found 5.00
Surcharge 10.00
Postage .59
78.59
Sworn and Subscribed to be
me this day of
So answers-
R. ?
Th as Kline
Sheriff of Cumberland County
ROBERT PETER KLINE
05/21/2008
fore
A. D.
EUGENE C. WILSON, a/k/a EUGENE : IN THE COURT OF COMMON PLEAS OF
WILSON, and VIRGINIA L. WILSON, a/k/a: CUMBERLAND COUNTY, PENNSYLVANIA
VIRGINIA WILSON,
PLAINTIFFS
V. : NO. 08-2371 Civil Term
GORDON K. BANZHOFF, a/k/a ACTION IN EJECTMENT
GORDON BANZHOFF,
DEFENDANT
PRAECIPE FOR ENTRY OF JUDGMENT
OF DEFAULT
To the Prothonotary:
Please enter judgment of default in favor of Plaintiffs, Eugene C. Wilson, a/k/a Eugene
Wilson, and Virginia L. Wilson, a/k/a Virginia Wilson, and against Defendant, Gordon K.
Banzhoff, a/k/a Gordon Banzhoff, for Defendant's failure to plead to the Complaint in this action
within the required time. The Complaint contains a notice to defend within 20 days from the date
of service thereof. Defendant's attorney, on Defendant's behalf and with the authority to do so,
accepted service of the Complaint on May 20, 2008, and Defendant's answer was due to be filed on
June 9, 2008.
Attached as Exhibit "A" is a copy of Plaintiffs' written Notice of Intention to File Praecipe
for Entry of Default Judgment, which I certify was mailed by regular mail to the Defendant at his
last known address and to his attorney of record on June 11, 2008, which is at least 10 days prior to
the filing of this Praecipe.
Please enter judgment of default for possession of the real property located at 301 North 21St
Street, Camp Hill, Pennsylvania, in favor of Plaintiffs.
ROBERT P. KLINE, ESQUIRE
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Plaintiffs
EUGENE C. WILSON, a/k/a EUGENE : IN THE COURT OF COMMON PLEAS OF
WILSON, and VIRGINIA L. WILSON, a/k/a: CUMBERLAND COUNTY, PENNSYLVANIA
VIRGINIA WILSON,
PLAINTIFFS
V. : NO. 08-2371 Civil Term
GORDON K. BANZHOFF, a/k/a : ACTION IN EJECTMENT
GORDON BANZHOFF,
DEFENDANT
TO: Gordon K. Banzhoff a/k/a Gordon Banzhoff Nathan C. Wolf; Esquire
301 N. 21st Street 10 W. High Street
Camp Hill, PA 17011 Carlisle, PA 17013
DATE OF NOTICE: June 11, 2008
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 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 YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-316
r
ROBERT P. KLINE, ESQUIRE
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
EXHIBIT "A" (717) 770-2540
Attorney for Plaintiffs
1b
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the foregoing Notice upon
Defendant, by depositing same in the United States Mail, first class, postage pre-paid on the 11th
day of June, 2008, from New Cumberland, Pennsylvania, addressed as follows:
Gordon K. Banzhoff a/k/a Gordon Banzhoff
301 N. 21st Street
Camp Hill, PA 17011
Nathan C. Wolf, Esquire
10 W. High street
Carlisle, PA 17013
"-,-a I
ROBERT P. KLINE, ESQUIRE
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Plaintiffs
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NOTICE OF ENTRY OF DEFAULT JUDGMENT
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TO: Gordon K. Banzhoff
a/k/a Gordon Banzhoff
301 N. 21s` Street
Camp Hill, PA 17011
EUGENE C. WILSON, a/k/a EUGENE : IN THE COURT OF COMMON PLEAS OF
WILSON, and VIRGINIA L. WILSON, a/k/a: CUMBERLAND COUNTY, PENNSYLVANIA
VIRGINIA WILSON,
PLAINTIFFS
V. : NO. 08-2371 Civil Term
GORDON K. BANZHOFF, a/k/a ACTION IN EJECTMENT
GORDON BANZHOFF,
DEFENDANT
NOTICE
Pursuant to Pa.R.C.P. 236, you are hereby notified that a JUDGMENT BY DEFAULT for
possession of 301 N. 21" Street, Camp Hill, Cumberland County, Pennsylvania, has been entered
against you in the above proceeding.
Prothonotary
EUGENE C. WILSON, a/k/a EUGENE : IN THE COURT OF COMMON PLEAS OF
WILSON, and VIRGINIA L. WILSON, a/k/a: CUMBERLAND COUNTY, PENNSYLVANIA
VIRGINIA WILSON,
PLAINTIFFS
V. : NO. 08-2371 Civil Term
GORDON K. BANZHOFF, a/k/a ACTION IN EJECTMENT
GORDON BANZHOFF,
DEFENDANT
PRAECIPE FOR WRIT OF POSSESSION
To the Prothonotary:
Please issue a writ of possession for the real property at 301 North 21St Street, Camp Hill,
Cumberland County, Pennsylvania, in the above-captioned matter.
ROBERT P. KLINE, ESQUIRE
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Plaintiffs
a w
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the foregoing Praecipe upon
Defendant, by depositing same in the United States Mail, first class, postage pre-paid on the
Z,bTk day of January, 2009, from New Cumberland, Pennsylvania, addressed as follows:
Gordon K. Banzhoff
aWa. Gordon Banzhoff
301 N. 21St Street
Camp Hill, PA 17011
Nathan C. Wolf, Esquire
10 W. High Street
Carlisle, PA 17013
Attorney for Defendant
ROBERT P. KLINE, ESQUIRE
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Plaintiffs
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WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Eugene C Wilson a/k/a Eugene Wilson and Virginia
L Wilson a/k/a Virginia Wilson
VS. No. 08-2371 Civil Term
Gordon K. Banzhoff a/k/a Gordon Banzhoff
Costs
Attorney's $ 195.09
Plaintiff's $
Prothonotary $ 2.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of Cumberland County, Pennsylvania
(1) To satisfy the judgment for possession in the above matter you are directed to deliver
possession of the following described property to: (Plaintiff (s))
Eugene C. Wilson a/k/a Eugene Wilson and Virginia L Wilson a/k/a Virginia Wilson
being: (Premises as follows):
301 North 215` Street, Camp Hill, Cumberland County, Pennsylvania
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any
property of the defendant (s) and sell his/her (or their) interest therein.
A/. &,L- - -
is thon ary,
Common Pleas Court of umberland County, PA
Date January 20, 2009
(Seal)
2of2
No 08-2371 Civil Term
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Eugene C Wilson a/ka/ Eugene Wilson and Virginia L. Wilson a/k/a Virginia Wilson
vs.
Gordon K. Banzhoff a/ka Gordon Banzhoff
WRIT OF POSSESSION
P.R.C.P. 3160-3165 ETC.
Costs
Att'y $ 195.09
Plff (sj $
Prothy $ 2.00
Sheriff $
Plaintiff (s) attorney name and address:
Robert P. Kline, Esq
714 Bridge Street, Post Office Box 461
New Cumberland, Pa. 17070-0461
(717)770-2540
Attorney for Plaintiff (s)
By virtue of this writ, on the
named
appurtenances, and
Where papers may be served
day of , . I caused the within
_, to have possession of the premises described with the
Sworn and subscribed to before me this
Day of ,
Prothonotary
So Answers,
Sheriff
By
Deputy
By virtue of this writ, on the 15th day of Aril 2009 , I
caused the within named Eugene C. Wilson , to have possession of the
premises described 301 N. 21St Street, Camp Hill, Cumberland County Pennsylvania, 17011.
Sworn and subscribed to before me this
Day of
Sheriff's Return
Docketing $ 18.00
Poundage 1.94
Prothy 2.00
Service 27.00
Surcharge 20.00
Possession 30.00
$ 98.94 ? "/"J", --
So Answers,
Sheriff
By,
Advance Costs $ 150.00
Sheriff's Costs 98.94
$ 51.06
O-
),u,:;,
J
FILE
O TI-7
1:?.'00 FPAPf
2009 APR 21 Ail ?' 14
PLI,
I of 2
WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Eugene C Wilson a/k/a Eugene Wilson and Virginia
L Wilson a/k/a Virginia Wilson
VS.
No. 08-2371 Civil Term
Gordon K. Banzhoff a/k/a Gordon Banzhoff
Costs
Attorney's $ 195.09
Plaintiff s $
Prothonotary $ 2.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of Cumberland County, Pennsylvania
(1) To satisfy the judgment for possession in the above matter you are directed to deliver
possession of the following described property to: (Plaintiff (s))
Eugene C. Wilson a/k/a Eugene Wilson and Virginia L Wilson a/k/a Virginia Wilson
being: (Premises as follows):
301 North 21" Street, Camp Hill, Cumberland County, Pennsylvania
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any
property of the defendant (s) and sell his/her (or their) interest therein.
Gfirffs R. L , r onota ,
Common Pleas Court of C Berland County, PA
Date January 20, 2009
(Seal)
2of2
No 08-2371 Civil Term
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Eugene C Wilson a/ka/ Eugene Wilson and Virginia L. Wilson a/k/a Virginia Wilson
VS.
Gordon K. Banzhoff a/ka Gordon Banzhoff
WRIT OF POSSESSION
P.R.C.P. 3160-3165 ETC.
Costs
Att'y $ 195.09
Plff (s) $
Prothy $ 2.00
Sheriff $
Plaintiff (s) attorney name and address:
Robert P. Kline, Esq
714 Bridge Street, Post Office Box 461
New Cumberland, Pa. 17070-0461
(717)770-2540
Attorney for Plaintiff (s)
Where papers may be served
By virtue of this writ, on the
named
appurtenances, and
day of . I caused the within
_, to have possession of the premises described with the
Sworn and subscribed to before me this
Day of ,
Prothonotary
So Answers,
Sheriff
By
Deputy
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