HomeMy WebLinkAbout08-3333
V-- . -1
Dennis A. Knaub, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. 2008 - 333,3 eze?
CIVIL TERM
Vincent P. Scalavino and,
Eileen Scalavino, husband
and wife,
Defendants
22-}5 Ritncr Hi9hvJ0-!j
S h i ppensbtA rg PA Ft Irv- -
PRAECIPE
To the Prothonotary:
Please issue a Writ of Summons on behalf of the Plaintiff and against the above
SAIDIS,
LINDSAY
26 West High Street
Carlisle, PA
captioned Defendants.
Date: ?kaAj 2P-,1 ZOO
-' z
Robert C. Saidis, Esquire
Attorney for Plaintiff
Supreme Court ID #21458
Saidis, Flower & Lindsay
26 West High Street
Carlisle, PA 17013
717-243-6222
l V f t,LJ
1
V 1
?j
^ ? ?:.? .? 3
k
COMMONWEALTH OF PENNSYLVANIA
County of Cumberland
Dennis A. Knaub,
Plaintiff
vi.
Vincent P. Scalavino and,
Eileen Scalavino, husband
and wife,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
2008-
CIVIL TERM
Defendants
2 -fS R-07)cq- %A-k8h wo-q
Shi pperisbuY91 PA 1129x'
WRIT OF SUMMONS
To: Vincent P. Scalavino and Eileen Scalavino
You are hereby notified that Dennis A. Knaub has commenced an Action against you.
a?. o7?
Bate: 41 17
By: ls/ 4,j(, /e "O'4^?
Curtis R. Long, Pro onotary
By: , -9,
Deputy
SAIDIS,
FLOWER &
LINDSAY
26 West High Street
Carlisle, PA
CASE NO: 2008-03333 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KNAUB DENNIS A
VS
SCALAVINO VINCENT P ET AL
MARK CONKLIN
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
SCALAVINO VINCENT P
the
DEFENDANT , at 1710:00 HOURS, on the 5th day of June , 2008
at 2275 RITNER HIGHWAY
SHIPPENSBURG, PA 17257
?.T ?r'r r??tm ??TT TTTT TTII
by handing to
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 12.00
Affidavit .59
Surcharge 10.00
1-113AP 4, v/ 40,5090
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
06/09/2008
SAIDIS FLOWER LINDSAY
By:
Deputy Sheriff
of A. D.
CASE NO: 2008-03333 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KNAUB DENNIS A
VS
SCALAVINO VINCENT P ET AL
DENNIS FRY
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
n/-TT TT TTTT(1 U? TT VVNT the
DEFENDANT , at 1505:00 HOURS, on the
at 2275 RITNER HIGHWAY
SHIPPENSBURG, PA 17257
EILEEN SCALAVINO
by handing to
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
c??13,OP ? v'
Sworn and Subscibed to
before me this
6th day of June , 2008
So Answers:
6.00
.00
.00 +
10.00 R. Thomas Kline
.00
16.00 06/09/2008
SAIDIS FLOWER LINDSAY
By : ,?.
day puty Sh if
of A. D.
x
DENNIS A. KNAUB, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2008-3333 CIVIL TERM
VINCENT P. SCALAVINO and
EILEEN SCALAVINO, CIVIL ACTION-LAW
husband and wife,
Defendants
PRAECIPE TO RULE COMPLAINT
TO THE PROTHONOTARY:
Please issue a Rule directed to Plaintiff, Dennis A. Knaub to file a Complaint against the
Defendants, Vincent P. Scalavino and Eileen Scalavino in the above matter within twenty (20)
days of service or suffer judgment non pros.
Respectfully submitted,
' N, BARIC & SC R
3ud David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
RULE
AND NOW, this IT" day of %JAne
, 2008, upon consideration of
Defendants Praecipe For Rule To A Complaint, Rule is hereby granted upon Plaintiff to file a
Complaint within twenty (20) days of service or suffer judgment non pros.
Rule issued this 174 day of
e , 2008.
o1
tv
ii
CERTIFICATE OF SERVICE
I hereby certify that on June /7 , 2008, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Praecipe To Rule Complaint, by first class U.S. mail, postage
prepaid, to the party listed below, as follows:
Robert C. Saidis, Esquire
Saidis Flower & Lindsay
26 West High Street
Carlisle, Pennsylvania 17013
AVV
David A. Baric, Esquire
rv
n
??cr ?-n
r ....
"a - 4
DENNIS A. KNAUB, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2008-3333 CIVIL TERM
VINCENT P. SCALAVINO
and EILEEN SCALAVINO,
husband and wife,
Defendants
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20) days after this
Complaint and Notice 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 Ri ther 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
SAIDIS,
FLOWER &
LINDSAY
A FOOMMANAW
26 West High Street
Carlisle, PA
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 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
1
DENNIS A. KNAUB, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2008-3333 CIVIL TERM
VINCENT P. SCALAVINO
and EILEEN SCALAVINO,
husband and wife,
Defendants
AVISO
SAIDIS,
FLOWER &
LINDSAY
n?otav?s.?a:uw
26 West High Street
Carlisle, PA
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las
quejas demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion
dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso
radicando personalmente o por medio de un abogado una comparecencia escrita y radicando
en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en
contra suya. Se le advierte de que si usted falla de tomar accion como se describe
anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero
reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el
demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted
puede perder dinero o propiedad u otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA ESTA OFICINA PUEDE PROVEERLE INFORMACION A
CERCA DE COMA CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADA, ES
POSIBLE QUE ESTA OFICINA LE PUEDO PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
2
DENNIS A. KNAUB, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2008-3333 CIVIL TERM
VINCENT P. SCALAVINO
and EILEEN SCALAVINO,
husband and wife,
Defendants
COMPLAINT
FLOWER &
LINDSAY
91MRK er uw
26 West High Street
Carlisle, PA
AND NOW COMES Dennis A. Knaub, Plaintiff, by and through his
attorneys, Saidis, Flower & Lindsay and avers as follows:
COUNT 1
MONEY DAMAGES
1. The Plaintiff is Dennis A. Knaub, an adult individual,
residing at 760 Dogwood Terrace, Boiling Springs,
Pennsylvania 17007 (hereinafter "Knaub").
2. Defendants are Vincent P. and Eileen Scalavino, adult
individuals who are husband and wife, residing at 2275
Ritner Highway, Shippensburg, Pennsylvania 17257
(hereinafter "Scalavino").
3. Knaub is the owner of 519 South Hanover Street, Borough
of Carlisle, Pennsylvania 17013, which real estate was
conveyed to Knaub by deed of Beatrice A. Williams,
Executrix of the Estate of Roy E. Williams, Jr. dated
July 28, 1998, which deed is recorded in the Office of
the Recorder of Deeds in and for Cumberland County in
Deed Book 182, Page 153 (hereinafter the "Property"). A
copy of which is attached hereto, made a part hereof and
marked Exhibit "A".
4. Knaub and Scalavino entered into a document entitled
Agreement of Lease/Sale on October 1, 2003, concerning
the Property (hereinafter the "Agreement"). A copy of
which is attached hereto, made a part hereof and marked
Exhibit "B".
3
5. The Agreement has not been recorded in the Office of the
Recorder of Deeds.
SAIDIS,
FLOWER &
LINDSAY
n'noa?s•,? uw
26 West High Street
Carlisle, PA
6. On or about October 3, 2004, Scalavino painted two sides
of the property without the consent of Knaub, contrary to
paragraph 13 of the Agreement.
7. Knaub notified Scalavino of the default by written notice
sent October 5, 2004. Scalavino failed to cure said
breach within five days and the breach has remained
uncured to the date of the filing of this Complaint in
July 2008.
8. The cost to restore the Property to its original
condition and remove the unauthorized paint was estimated
to be no less than $9,994.00.
9. Scalavino failed to make rent payments in accordance with
the Agreement on numerous occasions, including, but not
limited to 11 months in 2004 (November 2004 rent was on
time); December 2006; January 2007; February 2007; March
2007; April 2007; May 2007; and June 2007.
10. Scalavino failed to pay the late payment charge required
of paragraph 3 of the Agreement for the payments due
January 1, 2007, February 1, 2007, April 1, 2007, May 1,
2007 and June 1, 2007.
11. The late payments for five months are $165.00 a month,
for a total of $ 825.00.
12. Scalavino failed to make any payments prior to the
fifteenth day of the month September 2004, March 2007 and
other times.
13. Scalavino's failure to make a payment before the
fifteenth day of the month is a default under paragraph
16 of the Agreement.
14. Scalavino failed to pay the 2006-2007 School Real Estate
Taxes in the amount of $4,906.21 as required by paragraph
8 of the Agreement.
15. Knaub notified Scalavino of the default by written notice
on December 12, 2006.
4
16. On December 12, 2006, Knaub advised Scalavino that unless
the taxes were paid by January 1, 2007, he would be in
default.
SAU31S,
FLOWER &
LENDS"
erronn?YS•,?ruw
26 West High Street
Carlisle, PA
17. Scalavino did not pay the taxes or cure the default prior
to January 1, 2007.
18. In 2008, Scalavino removed neon lights that Scalavino had
installed from the aluminum facia resulting in damage to
the Property.
19. The neon lights were installed by Scalavino, in violation
of paragraph 13 of the Agreement.
20. Despite written demands to repair the damage to the
Property, Scalavino has failed to do the same and the
damage remains unrepaired.
21. Scalavino has made other alterations to the Property
without Knaub's consent, which are violations of
paragraph 13 of the Agreement.
22. Despite written demands, Scalavino has refused Knaub's
request to inspect the Property, provide him a key to the
Property or provide him a copy of the security code, all
of which are contrary to paragraph 26 of the Agreement.
23. Scalavino entered into an agreement of sale with
Cumberland Goodwill Fire and Rescue in March 2008 (the
"Goodwill Agreement").
24. Despite the request of Scalavino, Knaub refused to sign
the Goodwill Agreement.
25. Knaub's refusal to sign the Goodwill Agreement, and
thereby consent to it, is actual notice that Knaub did
not consent to the Goodwill Agreement.
26. No other notice to cure the default is reasonable as the
Goodwill Agreement is a contract between Scalavino and
the Cumberland Goodwill Fire and Rescue.
27. Paragraph 17 of the Agreement prohibits the assignment,
without the prior consent of Knaub.
28. Paragraph 16.A. provides in part that in the event of
Scalavino's default Knaub is entitled to rental payments
5
at the monthly amount provided in paragraph 2 of the
Agreement, plus 50% until the premises are surrendered to
Knaub.
29. Rental payments increased by 50% are $4,950.00 a month
until surrender of the Property.
30. In May 2008, Scalavino abandoned the Property and
relocated his business.
31. The Property has remained vacant since May 2008.
32. Scalavino has been in default since November 2004.
33. Paragraph 2 of the Agreement provides, in part, as
follows: ". . . All said monthly installments shall be
first, and foremost, considered rent ."
34. Paragraph 21 of the Agreement provides as follows:
NON-RESIDENTIAL PROPERTY. This Agreement is for the purchase of real
estate to be used by the Purchaser for business or commercial purposes.
35. Paragraph 24 of the Agreement provides as follows:
TIME OF THE ESSENCE. It is the agreement of the parties hereto that time shall
be of the essence.
36. Paragraph 25 of the Agreement provides as follows:
WAIVER. Failure of either party to insist upon strict enforcement of any of the
provisions of this Agreement shall not constitute a waiver of the right to enforcement
of that provision or any other provision.
SAIDIS,
I.INDSAY&
ATTOW4 15-AT uw
26 West High Street
Carlisle, PA
WHEREFORE, Knaub requests Your Honorable Court to enter a
judgment in his favor and against Scalavino in an amount in
excess of $35,000.00.
COUNT TWO
EQUITY
37. The averments of paragraphs 1 through 36 are hereby
incorporated by reference as if set fully forth.
38. By reason of the aforementioned non-payment and non-
performance, Scalavino is in default of the Agreement.
6
39. Upon Knaub's election, all right, title and interest of
Scalavino shall cease and terminate and all payments
thereafter made by Scalavino shall be retained by the
seller as liquidated damages as rental for the use and
occupancy of the property.
SAIDIS,
FLOWER &
LINDSAY
•AMAW
26 West High Street
Carlisle, PA
WHEREFORE, Knaub requests Your Honorable Court to confirm the
forfeiture, terminate all right, title and interest of
Scalavino and order all payments heretofore made to be
considered liquidated damages and rent.
Dated: July 17, 2008
Respectfully submitted,
Saidis, Flower & Lindsay
1?6bert/C. Saidis, Esquire
Forney I.D. No.: 21458
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiff
7
lC9"
`?stq o Parcal No. 03-22-0486-027 and 027A
DEED
THIS DEED made this 0 day of July, 1998,
BETWEEN BEATRICE A. WILLIAMS, In her right, and as Executrix of the Estate of ROY E.
WILLIAMS, JR., of Carlisle, Cumberland County, Pennsylvania, hereinafter called.
"GRANTOR",
AND DENNIS A. KNAUB, of Carlisle, Cumberland County, Pennsylvania, hereinafter
called "GRANTEE":
WITNESSETH:
That in consideration of One and 00/100 (81.00) DoNar, in hand paid, the receipt
whereof is hereby acknowledged, the Grantor does hereby grant and convey to the said
Grantee, his heirs and assigns,
ALL THAT CERTAIN lot of ground situate in the Second Ward of the Borough of
Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows,
to wit:
BEGINNING at a point on South Hanover Street, the Southwest corner of lot now
or formerly of the Estate of Reverend A.R. Stock; thence East by the same, a distance of 240
feet, more or less, to a point In the middle of Cemetery Alley; thence by the center line of said
Allay, Southward a distance of 150 feet to a point on the line of property now or formerly of
Raymond Black; thence by the said property, Westward a distance of 240 feet, more or less,
to a point on South Hanover Street; thence Northward by said street, a distance of 150 feet to
the point, the Place of BEGINNING.
BEING improved with a brick garage building and brick dwelling house.
BEING the same property which the Roy E. Williams, Jr. and Beatrice A. Williams,
husband and wife, by their Dead dated February 14, 1995, and recorded in the Office of the
Recorder of Deeds in and for Cumberland County, in Deed Book 120, Page 554, granted and
conveyed unto Roy E. Williams, Jr. and Beatrice A. Williams, as tenants in common. The said
Roy E. Williams, Jr. died on March 1, 1998, and by Letters Testamentary issued by the Office
of the Register of Wills in and for Cumberland County on March 11, 1998, appointed Beatrice
A. Williams, Executrix, to whom Letters Testamentary were duly issued.
AND the Grantor hereby covenants and agrees that she will warrant specially the
property hereby conveyed.
lino : 182 ??,? 153
e:\wy.111rpewlJYne,\wYlla?s.dxd
IN WITNESS WHEREOF, said Grantor has hereunto set her hand and seal the day
and year first above written.
Signed, Sealed and UalHared
in the Freiegqnce of: • • . ' }?,? ,( T
BEATRICE A. WILLIAMS, in her right and as
Executrix of the Estate of ROY E. WILLIAMS, JR.
co
CO
L
rv
Co
,
J ;.
COMMONWEALTH OF PENNSYLVANIA )
co
.,
ss. co
COUNTY OF CUMBERLAND )
On this, the ?--t?'- day of July, 1998, before me, the undersigned officer,
personally appeared BEATRICE A. WILLIAMS, in her right and as Executrix of the Estate of ROY
E. WILLIAMS, JR., known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Instrument, and acknowledged that she executed same for the
purposes therein contained.
p IN WITNESS WHEREOF, I hereunto set my hand and official seal.
SSW
NOTARIAL SEAL
ti , y P a.aYAIllhlK*rve?
?aR.V W. ?r00"k iii of
2
eeox 182 PncE 154
c:\wp311wpdwcW ?nalwWiw.C?O
I do hereby certify that the p else esidenc?q do I to os office address of
the within named Grantee is SN? ""w'? , 1lot)
Date: -1?" -
Attorney for L7x
COMMONWEALTH OF PENNSYLVANIA 1
ss.
COUNTY OF CUMBERLAND 1
RECORDED on this -;2?_ day of , 1996, in the
Recorder's Office of the said County, in Deed Book 2.:? Page M13-
Given under my hand and seal of the said office, the date above written.
Recorder
p!Ossm
ullirmi?
eilax 182 PACE 158
I
r- p N}i. xG?o1?.e+.?ipS DpSOy, NU1
O?? O O? p p? p 0
R
?ee=
1r_f
P.M nv.iu n tr..ra REALTY TRM1sHR TAX er RKO367 USE or+a a-ILA lines N 35
CwNNONWeAUM OF PPAN MANIA STATEMENT OR VALUE
53
wwu""o'"'nnor4m tMiLTAX" Fees
'Mass sul a; PTA VIUMM f•• R•vrs• for hwirudi-
Comgdafeand twiam and Rl. h dupWoda wwt Reowder of Dods who 1? flow feR ralwdeaa- 0 - least at to* Intba dead. M when d» dad
Is wilkar corrdde?IR er?!( a tar --"1-1, efobsad. A lMreM of vabw is sat n>tprbad R she sander is -hasty asonpe from tan
ttebEc aIERY aaeamaet H tttttt• Maw Y aaadad, ttlNtb sd?letrl ubaal(tJ.
broad at fit fwdly or
James D. Flower, Require- A.C.& l 7171 243-5513
1nN
11 Bast High Street Carlisle PA. 17013
'I Anemones, at
am-olmnewww
Beatrice A. Williams DeXnia A. Knaub
t;; a
Tunbridge Lane Hanover Street
y isle N zip C."
Carlisle PA 17013 Carlisle PA 17013
•
X519 b 525 North Hanover Street Carlisle Borough
erMy Cumberland Carlisle Area 03,22-0Wmabar
485+027 and 027A
a
v8dil
s $350,000.00
5 ,0
2. Ch"k Appropdtste Her Below far Exemption CldnHW
? Will or Intestate succession s
? Transfer to 6du.1,W Dawloptnam Ageewy.
? Transfer to a tent. (ASach oompleta copy of trust egro~ Id*MlfYIAg ell baefidwiss.l
? Trander beh"on principal and agad. (Anal complete copy of agataylaraw patty aPeaa04
? Transfers to tlss Coumemaeabh, the United Stales and Iotneaueollilas by gift, dedication, condNneatlon or in Ilev of condemnation.
Qf condemnation or In Neu of condemnation, attach copy of Ma6dbn.)
? Transfer tram nonpoaer to o holder of o reengage 1. default. Mangega look Number , Pape Nurn6er
? Crrrealw a confirmatory dead. (Anach complete copy of the prior deed being corrected or -firned.l
? Statutory corporato consolidation, merger or divide.. (Antech copy of orades.l
? Other (Mena ..plot. ens mption Inlened, a other than listed a6-.)
Under patsdNaa of taw.1 deals. that 1 bawa atnarinad lids Etatestast, husbu isE aaasgasykN tom. and to the bed of roy Ifwwledoe
need holief, Pile bee, safaat and caplets.
PAILURE TO COWILM THIS FORM PROPERLY OR ATTACH APPLIGaLN D06YdtatetANV n
TO RECORD TIMIN DEED.
BOOK 182 PACE J56 REFUSAL
AGREEMENT OF LEASE/SALE
THIS AGREEMENT made this 1St day of October, 2003, between
Dennis A. Knaub, of 80 Stover Drive, Carlisle, Cumberland County,
Pennsylvania 17013 hereinafter referred to as Seller,
A
N
D
Vincent P. Scalavino and Eileen Scalavino, husband and wife, of '0
2275 Ritner Highway, Shippensburg, Cumberland County,
Pennsylvania 17257, hereinafter referred to as Purchaser.
W I T N E S S E T H:
1. AGREEMENT OF SALE. Seller agrees to sell and convey to --
Purchaser and Purchaser agrees to purchase and accept the
conveyance of all that certain tract of land with improvements
thereon erected known and numbered as 519 South Hanover Street,
Carlisle, Cumberland County, Pennsylvania, more particularly
bounded and described on the exhibit which is attached hereto,
made a part hereof and marked Exhibit A.
2. PURCHASE PRICE. Purchaser agrees to pay the sum of Four
Hundred Thousand ($400,000.00) Dollars to Seller as follows:
Three Thousand Three Hundred ($3,300.00) Dollars at the time of
the execution of this Agreement, receipt of which is hereby I
acknowledged by Seller, which said sum shall be held also as a
security deposit in the event that Buyer fails to consummate this
Agreement and the balance of Three Hundred Ninety Six Thousand
1
Seven Hundred ($396,700.00) Dollars in monthly installments of
Three Thousand Three Hundred ($3,300.00) Dollars, in advance,
`- commencing on October 1, 2003 and the First (1st) day of each
month until September 1, 2008. All said monthly installments
shall be first, and foremost, considered rent. In the event the
Buyer exercises their option to purchase hereby granted by this
Agreement, then Three Hundred ($300.00) Dollars of each monthly
payment shall be considered a payment of principal. All monthly
payments shall be made to Seller or to his account in any bank or
financial institution designated by him. Purchaser specifically
agrees to pay said purchase price in full not later than
September 1, 2008, or this Agreement and Purchaser's Lease of the
premises shall terminate September 1, 2008. PURCHASER
ACKNOWLEDGES THAT SELLER HAS NO OBLIGATION TO EXTEND FINANCING OR
THE LEASE BEYOND SEPTEMBER 1, 2008. IN THE EVENT PURCHASER
CANNOT SECURE THE NECESSARY FUNDS TO PAY SELLER, PURCHASER SHALL
BE IN DEFAULT. Upon payment of the purchase price in full,
settlement as hereinafter provided shall be held.
3. LATE PAYMENT CHARGE. If Seller has not received the
full amount of any monthly payment by the end of Ten (10)
calendar days after it is due, Purchaser agrees to pay a late
charge to Seller in the amount of Five (50) Percent of the
principal and interest payment.
4. PREPAYMENT. Purchaser shall have the privilege to
prepay all or any part of the unpaid principal balance without
penalty at any time.
2
5. SETTLEMENT. At settlement, the Seller agrees to convey
title in fee simple by special warranty deed free and clear of
- all liens or encumbrances except easements or restrictions
visible or of record.
6. ENVIRONMENTAL REMEDIATION. Seller has made available to
Purchaser the Phase II Site Investigation prepared by B. L.
Companies dated March 21, 2003 (the Environmental Report),
receipt of which is acknowledged by Purchaser. Seller assumes
responsibility for the remediation required by the Environmental
Report. If, and only if, Purchaser purchases, Seller shall
remediate as hereinafter provided prior to settlement. Seller's
liability for remediation shall be limited to the conditions
reported in the Environmental Report and shall be performed by a
company licensed to provide said services in the Commonwealth of
Pennsylvania and selected by Seller.
In the event environmental matters caused by Purchaser arise
subsequent to this Agreement or during the term of this
Agreement, Purchaser shall be liable for any and all remediation,
whether or not Purchaser consummates the purchase of the
property.
7. TRANSFER TAX. At settlement all realty transfer taxes
shall be divided equally between the parties. Provided, however,
----.-,-that.. the .obligation, of__the_.Seller shall not exceed One___..(1%)._ __ .__
Percent of the purchase price. Provided, further, that if the
property is conveyed to a third party at Purchaser's request,
Seller will be relieved of all liability for transfer taxes.
3
8. APPORTIONMENT OF REAL ESTATE TAXES, RENTS AND EXPENSES.
All real estate taxes, water, sewer and rents, if any, shall
be pro-rated to the date of-this Agreement. Purchaser shall
timely pay all real estate taxes due on said premises after the
date of this Agreement. Purchaser shall provide copies of paid
Borough, County and School tax receipts to Seller no later than
the last day on which the real estate taxes then due and payable
may be paid at face. Purchaser shall provide copies of paid
receipts for lienable municipal services, including but not
limited to sewer and water, to Seller within thirty (30) days of
the billing date. Failure to pay the charges set forth in this
paragraph, for which time shall be of the essence, constitutes a
material breach of this Agreement.
9. MUNICIPAL ASSESSMENTS. After the date of the execution
of this Agreement the cost of any municipal improvements or
-V'-4 Sag-Qk t
assess ents shall be the responsibility of Purchaser. In the n?4
event ? ? - orasl e-,ssmentsare not paid by the
e er, such ai ure s a cons i
10. POSSESSION. Purchaser shall receive possession of the
premises on October 1, 2003.
10.1_ _LEASE.-BY PURCHASER.---Nothing herein shall, prevent-- _
Purchaser from subletting all or part of the property provided
Purchaser secures the prior written approval of Seller which
shall not be unreasonably withheld.
4
- - - - - - - - - - - - - - -
r
` 11. FIRE, CASUALTY AND LIABILITY INSURANCE. Purchaser
shall obtain a policy of fire insurance with extended coverage '
provisions from a responsible fire insurance company acceptable
to Seller in an original amount of the full insurable value but
not less than $400,000.00. Said insurance policy shall
specifically insure Purchaser and Seller "as their respective
interests may appear." The original copy of the policy shall be
delivered to Seller.
Purchaser, at Purchaser's expense, shall maintain public
liability insurance in the amount of at least $500,000.00 for
accident, injury or death to persons or property relating to the
premises described herein, and Seller shall be named as an
additional insured thereon.
12. MAINTENANCE AND REPAIRS. Purchaser agrees that
Purchaser, at Purchaser's own expense, will maintain the premises
in a reasonable state of repair at all times and will not permit
any waste or disrepair to occur. Purchaser agrees to make any
and all repairs, which, from time to time, become reasonably
necessary in the opinion of Seller, or are mandated by federal,
state, county or municipal law, ordinance or code in effect now
or hereafter become effective.
13. IMPROVEMENTS AND ALTERATIONS. No improvements or
-------------- alterations _shall_ be made_t.o_the premises without _the.. prior
written consent of Seller, which consent shall not be withheld
unreasonably. In the event of Purchaser's default as to the
terms of this Agreement, any and all improvements and alterations
5
?V;K1
made to the subject premises shall be and remain a permanent part
of the premises; they shall not be removed by the Purchaser and
the Purchaser will not be entitled to any reimbursement therefor.
However, if such improvements, alterations or additions were made
without the written prior approval of Seller, Purchaser will, at
Seller's option, remove the same within thirty (30) days upon
written notice from the Seller to do so.
14. DEFAULT ON SELLERS' MORTGAGE. It is specifically agreed
by the parties hereto that in the event any mortgage, judgment,
lien or other encumbrance, is on the premises or is placed on the
premises by Seller, and default of the same is made by Seller,
Purchaser shall have the right to pay on said obligation and
receive credit for the monthly payments thus made. The parties
further agree to work with Orrstown Bank to enable Purchaser to
pay Seller's mortgage with the balance paid directly to Seller.
Orrstown Bank shall not be a third party beneficiary of this
Agreement.
15. PERSONAL PROPERTY/REPAIRS.
15.1 There is no personal property included in this
Agreement.
15.2 Seller shall repair the two areas of the parking lot
from which underground storage
Seller--further-.shall.-repair-or
cracked shop windows within 30
16. BREACH BY PURCHASER;
tanks have been removed and the
replace --the- showroom window--and - U
aro_xq?' t-ezo, smaQO-
7_1c?
days. REMEDIES OF SELLER. In the eventPurchaser shall fail to make said monthly payments as aforesaid
6
for the space of fifteen (15) days after the same shall have
become due and payable by the terms hereof, or if a breach of any
of the other foregoing conditions be made by the Purchaser and
not cured within five (5) days from the date of written notice
from Seller of said breach, Seller, at his option may:
A. Declare a forfeiture of Purchaser's rights here-
under and cancellation of this Agreement. On
such election, all right, title and interest of
Purchaser hereunder shall cease and terminate, and
all payments theretofore made.by Purchaser shall be
retained by Seller as liquidated damages and
as rental for the use and occupancy of the
property. The rental payments shall continue
at the monthly amount provided in paragraph
2 hereof, plus fifty (50%) percent until the premises
are surrendered to the Seller. Further, Purchaser is
liable for any and all damages to the premises and
payment to the Seller of all funds advanced in the
nature of taxes, insurance and lienable municipal
services during the period of Purchaser's occupancy.
B. Declare a forfeiture, accelerate and confess
judgment, or accelerate and bring an action for the
balance of the purchase nr_i?ce__-remaining._ due.,_....c.r.. for any
- --- -- --
other relief available in law or equity, including
suit to recover any payment or payments made by
Seller and repayable by Purchaser hereunder, it being
7
stipulated and agreed that such obligation to repay
is a separate and independent covenant of Purchaser
hereunder.
C. Purchaser hereby authorizes any Prothonotary or
attorney of any Court of Record of Cumberland County
to appear for and confess judgment in the amount
herein due and payable and further confess judgment
in an amicable action of ejectment against the said
Purchaser, their heirs, assigns, executors,
administrators or lessees, and in favor of the
Seller, their heirs, assigns, administrators and
executors, for the premises herein described, and-to
direct the immediate issuing of the Writ of
Possession with Writ of Execution for costs, including
attorney's fees of ten percent (100) of the unpaid
balance of the purchase price, without notice and
without asking leave of Court.
D. Declare a forfeiture, in which case this provision
shall be an assignment by Purchaser to Seller of all
leases now existing or hereafter made of all or any
part of the property and all security deposits made by
the tenants in connection with such leases. Upon
forfeiture, Seller _shall _have all_the_right_sand. powers__
possessed by Purchaser prior to such assignment and
Seller shall have the right to modify, extend or
terminate such existing leases and to execute new
8
leases in Seller's sole discretion.
E. Each remedy provided in this instrument is distinct
- and cumulative to all otheri:ights or remedies under
this Agreement or afforded by law or equity, and may be
exercised concurrently, independently or successively
in any order whatsoever.
17. NONASSIGNABLE. The interest of the Purchaser in this
contract shall not be assignable, in whole or in part, without
the prior written consent of the Seller. If such assignment is
attempted by the Purchaser, the rights stipulated in the
preceding paragraph hereof shall accrue to the Seller. Transfer
of title by Will, survivorship or by descent shall not be
regarded as an assignment requiring consent of the Seller.
18. NOTICE. Written notice mailed to the following
addresses shall constitute sufficient notice under the terms of
this Agreement unless otherwise agreed to in writing:
PURCHASER
2275 Ritner Highway
Shippensburg, PA 17257
SELLER
80 Stover Drive
Carlisle, PA 17013
19. CANCELLATION OF AGREEMENT. If this contract has been
recorded in the Office of the Recorder of Deeds for Cumberland
County, and default occurs as set forth in any item set forth
above,__in._addition_to therights__therein_specified, the
Purchasers hereby irrevocably appoint any attorney for any court
of record of Cumberland County as their attorney-in-fact, for
them and for their heirs, assigns, executors, administrators,
9
1
lessees, or successors in interest, to cancel and avoid, by any
appropriate instrument or procedure, the recordation of the
aforesaid contract, so that the-record title shall be free and
clear of this Agreement of Sale.
20. WARRANTY AS TO CONDITION. Except as provided in
paragraph 6 with regard to the environmental remediation which is
or may be required, the premises are being sold in "as is"
condition and it is understood that Purchaser has
inspected the property or hereby waives the right to do so, and
that Purchaser has agreed to purchase the property as the result
of Purchaser's inspection and not because of or in reliance on
any representation made by the Seller or Seller's Agent.
21. NON-RESIDENTIAL PROPERTY. This Agreement is for the
purchase of real estate to be used by the Purchaser for business
or commercial purposes.
22. APPLICABLE LAW. This Agreement shall be construed under
the laws of the Commonwealth of Pennsylvania. If any provision
of this Agreement is determined to be invalid or unenforceable,
all other provisions shall continue in full force and effect.
23. ENTIRE AGREEMENT. This Agreement constitutes the entire
understanding between the parties and there are no covenants,
conditions, representations or agreements, oral or written, of
nature whatsoever...other -than those___contained herein.
24. TIME OF THE ESSENCE. It is the agreement of the parties
hereto that time shall be of the essence.
25. WAIVER. Failure of either party to insist upon strict
10
a I . ?
enforcement of any of the provisions of this Agreement shall not
constitute a waiver of the right to enforcement of that provision
or any other provision.
26. INSPECTION. Purchaser agrees that Seller or their
authorized agent shall have the right at all reasonable hours of
the day to enter the premises for the purpose of inspection to
determine whether the Purchaser is complying with the terms of
this Agreement.
27. DESCRIPTIVE HEADINGS. The descriptive headings used
herein are for convenience only and are not intended to indicate
all of the matter in the sections which follow them.
Accordingly, they have no effect whatsoever in determining the
rights or obligations of the parties.
IN WITNESS WHEREOF, the parties hereto bind themselves,
their heirs, executors, administrators and assigns, as witness
11
their han d seals the day and year first above writ
Wi nes Kn Sn er
Vincent P. Scalavino, Purchaser
Eileen Scalavino, Purchaser
11
PERMITTED IMPROVEMENTS
Agreed to Improvements:
1) roll-up door in rear south wall (16' wide)
2) installation of spray booth inside
3) installation of new electric and plumbing fixtures
"y
Parcel # 03-22-0485-027
LEGAL DESCRIPTION
519 SOUTH HANOVER STREET
ALL THAT CERTAIN lot of ground situate in the Second Ward
of the Borough of Carlisle, Cumberland County, State of
Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point on South Hanover Street, the Southwest
corner of lot now or formerly of the Estate of Reverend A.
R. Steck; thence East by the same, a distance of 240 feet,
more or less, to a point in the middle of Cemetery Alley;
thence by the center line of said Alley, Southward a
distance of 75 feet to a point on the line of property now
or formerly of Dennis A. Knaub; then by the said property,
Westwardly a distance of 240 feet, more or less, to a point
on South Hanover Street, thence Northwardly by said tract,
a distance of 75 feet to the point, the place of beginning.
Having thereon erected a commercial building known as 519
South Hanover Street, Carlisle, Pennsylvania.
Exhibit "A"
VERIFICATION
SAMIS,
FWNWR&
LINDSAY
ATIOW%M AT-
26 West High Street
Carlisle, PA
I verify that the statements made in the foregoing
Complaint are true and correct. I understand that false
statements herein are made subject to the penalties of 18
Pa.C.S. § 4904, relating to unsworn falsification to
authorities.
DATED : July 11, 2008
¦
CERTIFICATE OF SERVICE
On this 18th day of July, 2008, I hereby certify that I
served a true and correct copy of the foregoing Plaintiff's
Complaint upon all parties of record via United States Mail,
postage prepaid, addressed as follows:
David A. Baric, Esq.
19 West South Street
Carlisle, PA 17013
SAIDIS, FLOWER & LINDSAY
By:
SAIDIS,
FLOWER &
LINDSAY
ATIDI NHYS•AT uw
26 West High Street
Carlisle, PA
??? .?-?
-?
._ _ -?
.. _ _ -, ;
F r `J
?': r -y
DENNIS A. KNAUB,
Plaintiff
V.
VINCENT P. SCALAVINO
and EILEEN SCALAVINO,
husband and wife,
Defendants
To: Dennis A. Knaub
c/o Robert Saidis, Esquire
Saidis, Flower & Lindsay
26 West High Street
Carlisle, Pennsylvania 17013
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-3333 CIVIL TERM
NOTICE TO PLEAD
You are hereby notified that you have twenty (20) days in which to plead to the enclosed
Answer, New Matters and Counterclaims or a Default Judgment may be entered against you.
'BRIEN, S ERER
r
David A. Baric, Esquire
Date: f I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
DENNIS A. KNAUB,
Plaintiff
V.
VINCENT P. SCALAVINO
and EILEEN SCALAVINO,
husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-3333 CIVIL TERM
ANSWER, NEW MATTERS, and COUNTERCLAIMS
AND NOW, comes Vincent P. Scalavino and Eileen Scalavino, Defendants, by and
through their attorneys, O'BRIEN, BARIC & SCHERER, and files the within Answer and, in
support thereof, avers the following:
COUNT ONE - MONEY DAMAGES
1. Admitted.
2. Admitted.
3. Denied. The document speaks for itself.
4. Admitted.
5. Defendants are without knowledge or information sufficient to form a belief as to
the truth of this averment. As such, it is denied.
6. Admitted in part; denied in part. It is admitted that Defendants painted the
building. The remainder of the averment is denied.
7. Denied. Proof of said written default notice is demanded. It is further denied that
Defendants defaulted or that any cure was necessary.
8. Denied. Proof of said estimate is demanded.
9. Denied. Defendants have made all rent payments required by the Agreement.
1
10. Denied. It is specifically denied that payments were late.
11. Denied. It is specifically denied that payments were late.
12. Denied. Defendants have made all rent payments required by the Agreement.
13. Denied. It is specifically denied that payments were late.
14. Denied. Defendants have made all real estate tax payments.
15. Denied. Proof of said written default is demanded.
16. Denied. Proof thereof is demanded.
17. Denied. Defendants have made all real estate tax payments.
18. Denied. It is specifically denied that any of Defendants' actions caused damage to
the property.
19. Denied. Defendants have abided by all terms of the Agreement.
20. Denied. Proof of said written demands are demanded. It is specifically denied
that any of Defendants' actions caused damage to the property.
21. Denied. Proof thereof is demanded. Defendants have abided by all terms of the
Agreement.
22. Denied. Defendants have abided by all terms of the Agreement.
23. Admitted.
24. Admitted in part; denied in part. It is admitted that Plaintiff did not sign the
Agreement. The remainder of the averment is denied.
25. Denied. Plaintiff states a conclusion of law to which no response is required.
26. Denied. Plaintiff states a conclusion of law to which no response is required.
27. Denied. The document speaks for itself. Defendants have abided by all terms of
the Agreement.
28. Denied. The document speaks for itself. Defendants have abided by all terms of
the Agreement.
29. Denied. Defendants have abided by all terms of the Agreement.
30. Admitted in part; denied in part. It is admitted that Defendants relocated their
business. The remainder of the averment is denied.
31. Defendants are without knowledge or information sufficient to form a belief as to
the truth of this averment. As such, it is denied.
32. Denied. Defendants have abided by all terms of the Agreement.
33. Denied. The document speaks for itself.
34. Denied. The document speaks for itself.
35. Denied. The document speaks for itself.
36. Denied. The document speaks for itself.
WHEREFORE, Defendants request judgment in their favor and against Plaintiff, along
with costs, expenses and attorney fees.
COUNT TWO - EQUITY
37. Defendants hereby incorporate Paragraphs one (1) through thirty-six (36) as
though set forth at length herein.
38. Denied. Defendants have abided by all terms of the Agreement.
39. Denied. The document speaks for itself. Defendants have abided by all terms of
the Agreement.
WHEREFORE, Defendants request judgment in their favor and against Plaintiff, along
with costs, expenses and attorney fees.
NEW MATTERS
40. Defendants hereby incorporate Paragraphs one (1) through thirty-nine (39) as
though set forth at length herein.
41. Plaintiff's claims are barred by unclean hands and bad faith.
42. Plaintiff's claims are barred by waiver.
43. Plaintiff's claims are barred by consent.
44. Plaintiff's claims are barred by estoppel.
45. Plaintiff's claims are barred by justification.
46. Plaintiff's claims are barred by payment.
47. Plaintiff's claims are barred by privilege.
48. Plaintiff's claims are barred by release.
49. Plaintiff's claims are barred by its own conduct and performance.
WHEREFORE, Defendants request judgment in their favor and against Plaintiff, along
with costs, expenses and attorney fees.
COUNTERCLAIMS
50. Defendants hereby incorporate Paragraphs one (1) through forty-nine (49) as
though set forth at length herein.
51. In the Agreement of Lease / Sale entered into by Plaintiff and Defendants on
October 1, 2003, Plaintiff promised to sell and convey to Defendants 519 South Hanover Street,
Carlisle, Cumberland County, Pennsylvania for the price of four-hundred thousand dollars
($400,000.00).
52. Plaintiff further promised to credit $300.00 of all regular monthly payments made
by Defendants from October 1, 2003 until September 1, 2008 towards the purchase price.
53. The Agreement of Lease / Sale allows Defendants to pre-pay all or any part of the
unpaid principal balance without penalty at any time.
54. The Agreement of Lease / Sale required Plaintiff to provide Defendants with
copies of Phase II Site Investigation reports before the parties executed the 2003 Agreement.
55. The Agreement of Lease / Sale requires Plaintiff to make all necessary
remediations required by a Phase II Site Investigation Report prior to settlement on September 1,
2008.
56. Defendants notified Plaintiff in June 2007 that Defendants sought to exercise their
right to pre-pay and purchase the property.
57. Plaintiff was, thereafter, unwilling to accept Defendants' offers to purchase the
property.
58. Defendants entered into an Agreement of Sale with the Cumberland Goodwill
Fire & Rescue on March 14, 2008, with settlement to be held October 1, 2008.
59. Plaintiff has, on many occasions and in many ways, intentionally interfered with
Defendants' right to purchase the property from Plaintiff and thereafter, resell the property to the
Cumberland Goodwill Fire & Rescue, resulting in significant harm and damages to Defendants.
60. Specifically, Plaintiff has attended planning commission meetings and boldly
proclaimed that the Cumberland Goodwill Fire & Rescue did not, and never will, have good and
legal title to the property.
61. Contemporaneously, Plaintiff went behind Defendants' backs and attempted to
negotiate a direct deal with the Cumberland Goodwill Fire & Rescue.
62. Defendants have made significant improvements to the property in excess of
$85,000.00.
COUNT I - BREACH OF CONTRACT
VINCENT P. SCALAVINO and EILEEN SCALAVINO V. DENNIS A. KNAUB
63. Defendants hereby incorporate Paragraphs one (1) through sixty-two (62) as
though set forth at length herein.
64. Plaintiff has failed to allow Defendants to pre-pay the unpaid principal balance as
required by the Agreement of Sale / Lease.
65. Plaintiff failed to provide Defendants with the Phase II environmental reports as
required by the Agreement of Sale / Lease until three (3) years after execution of said document.
66. Plaintiff has failed and refused to make all necessary remediations listed in the
Phase II environmental report as required by the Agreement of Sale / Lease.
WHEREFORE, Plaintiff requests judgment in its favor and against Defendants in an
amount greater than $50,000 plus costs, expenses, and attorney's fees.
COUNT II - SPECIFIC PERFORMANCE
VINCENT P. SCALAVINO and EILEEN SCALAVINO V. DENNIS A. KNAUB
67. Defendants hereby incorporate Paragraphs one (1) through sixty-six (66) as
though set forth at length herein.
68. Plaintiff has failed and refused to make repairs to the property as required under
the Agreement of Sale/Lease.
69. Plaintiff has refused to settle on the property with Defendants per the terms of the
Agreement of Sale / Lease.
70. Plaintiff's refusal to settle with Defendants will preclude Defendants from selling
the property to the Cumberland Goodwill Fire & Rescue.
71. Plaintiff's actions will cause irreparable harm to Defendants that cannot be
measured by mere damages at law.
72. Further, Plaintiff has attempted to directly sell the property to the Cumberland
Goodwill Fire and Rescue, thereby depriving Defendants of a profit on their sale.
WHEREFORE, Defendants request that this Court enter an Order granting Defendants
relief in the nature of specific performance and a prohibitive injunction as follows:
A. enforce the Agreement of Sale / Lease;
B. order Plaintiff to accept Defendants payoff and have settlement on the
property; and
C. prohibit Plaintiff from selling the property to anyone other than
Defendants for the negotiated Agreement price.
COUNT III - UNJUST ENRICHMENT
VINCENT P. SCALAVINO and EILEEN SCALAVINO V. DENNIS A KNAUB
73. Defendants hereby incorporate Paragraphs one (1) through seventy-two (72) as
though set forth at length herein.
74. Defendants made significant improvements to the property in excess of
$85,000.00 for which they have not been reimbursed.
75. Defendants have made monthly payments of $3,300.00 and the Agreement
provides that Plaintiff credit Defendants' account for $300 of each payments towards the final
purchase price of the property.
76. Plaintiff has refused to sell Defendants the property, reimburse Plaintiff for the
improvements, or credit Defendants' account for payments made, thereby enriching the Plaintiff
to Defendants' detriment.
77. It would be unjust to allow Plaintiff to reap the windfall and good fortune of
Defendants' improvements and payments without reimbursing Defendants.
WHEREFORE, Plaintiff requests judgment in its favor and against Defendants in an
amount greater than $50,000 plus costs, expenses, and attorney's fees.
COUNT IV - INTENTIONAL INTERFERENCE WITH CONTRACTUAL RELATIONS
VINCENT P. SCALAVINO and EILEEN SCALAVINO V. DENNIS A. KNAUB
78. Defendants hereby incorporate Paragraphs one (1) through seventy-seven (77) as
though set forth at length herein.
79. Plaintiff's actions, including, but not limited to, attending planning commission
meetings to disrupt the sale of the property and going behind the backs of Defendants to
negotiate a direct sale to the Cumberland Goodwill Fire and Rescue, were willful, intentional and
malicious.
80. Plaintiff's actions served no legitimate purpose other than to oppress and
recklessly endanger Defendants' ability to sell the property to the Cumberland Goodwill Fire and
Rescue.
WHEREFORE, Plaintiff requests judgment in its favor and against Defendants in an
amount greater than $50,000.00 plus costs, expenses, attorney's fees, and punitive damages.
Respectfully submitted,
O'BRIEN, BARIC & SCHE
David A. Baric, Esquire
I.D. No. 44853
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Defendants
07/31/2008 16:13 7172495755 OBS PAGE 11
Y )FICATION
The statements in the foregoing Answer, New Matter and Counterclaim are based upon
information. which has been assembled by our attorney in this litigation. The language of the
statements is not our own. We have read the statements; and to the extent that they arc based
upon information which we have given to our counsel, they are true and correct to the best of our
knowledge, information and belief. We understand that false statements herein are made subject
to the penalties of 1S Pa.C.S. § 4904 relating to unworn falsifications to authorities.
DATE: O"
Vincent F. Scalavino
Eileen Scalavino
(7
r ,
m?
s4
r ^? `z7
DENNIS A. KNAUB,
V.
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VINCENT P. SCALAVINO and
EILEEN SCALAVINO,
husband and wife,
Defendants
NO. 2008-3333 CIVIL TERM
CIVIL ACTION-LAW
PRAECIPE FOR LIS PENDENS
TO THE PROTHONOTARY:
Please index the above action as a Lis Pendens against the following real property:
ALL THAT CERTAIN lot of ground situate in the Second Ward of the Borough
of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and
described as follows, to wit:
BEGINNING at a point on South Hanover Street, the Southwest corner of lot now
or formerly of the Estate of Reverend A.R. Steck; thence East by the same, a
distance of 240 feet, more or less, to a point in the middle of Cemetery Alley;
thence by the center line of said Alley, Southward a distance of 150 feet to a point
on the line of property now or formerly of Raymond Black; thence by the said
property, Westward a distance of 240 feet, more or less, to a point on South
Hanover Street; thence Northward by said street, a distance of 150 feet to the
point, the Place of BEGINNING.
BEING improved with a brick garage building and brick dwelling house.
BEING the same premises which Beatrice A. Williams, in her right, and as
Executrix of the Estate of Roy E. Williams, Jr., by Deed dated and recorded July
28, 1998 in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Deed Book 182, Page 153, granted and conveyed unto Dennis A.
Knaub.
PARCEL NO.: 03-22-0485-027 AND 027A
BEING 519 South Hanover Street, Carlisle, Pennsylvania.
I hereby certify that this action affects the title to or other interest in the above-described
real property.
Respectfully Submitted,
'BRIEN, B C & S RER
r
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Defendants
CERTIFICATE OF SERVICE
I hereby certify that on August 1, 2008, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Praecipe for Lis Pendens, by first class U.S. mail, postage
prepaid, to the party listed below, as follows:
Dennis A. Knaub
c/o Robert C. Saidis,. Esquire
Saidis, Flower & Lindsay
26 West High Street
Carlisle, Penns is 17013
Y
David A. Baric, Esquire
dab.dir/litigation/scalavino/kna u b/lispendens. pra
ra
d t ^:
tJ D ' i
f 1
? .?
t ?^
O `4 Ol =x
-c.
i
DENNIS A. KNAUB, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2008-3333 CIVIL TERM
VINCENT P. SCALAVINO .
and EILEEN SCALAVINO,
husband and wife,
Defendants
PRELIMINARY OBJECTIONS
AND NOW, comes Dennis A. Knaub, Plaintiff, by and through
his attorney, SAIDIS, FLOWER & LINDSAY and preliminarily
objects as follows:
I. Insufficient Specificity in Defendants' Counterclaims:
1. The averment of paragraph 59 indicates that "on many
occasions and in many ways" Plaintiff intentionally interfered
with the Defendants' right to purchase the property and
thereafter resell the property. Insufficient facts are
averred to allow the Plaintiff to answer averment 59.
2. Defendants' Counterclaim avers in paragraphs 52 and
74 that Defendants made significant improvements to the
property in excess of $85,000. No allegation or averment of
SAIDIS, the specific improvements is set forth and the Plaintiff is
FWNVER
?
IPSAY unable to respond.
26 West High Street
Carlisle, PA
3. The Defendants' claim for specific performance at
averment 68 indicates that the Plaintiff has failed and
refused to make repairs as required under the Agreement of
Sale. The Defendants have not averred any specific repairs,
1
the Plaintiff is unaware of the repairs and, therefore, the
Plaintiff is unable to respond to the averment.
4. In the Defendants' Counterclaim, averment 61 and
averment 72 indicate that the Plaintiff attempted to directly
sell the property to Cumberland Goodwill Fire and Rescue
without averring facts that support the allegation. Plaintiff
is unable to answer based on the averment of the pleading
without additional facts.
5. The averments in paragraphs 56 and 57 in Defendants'
Counterclaim fail to state with any specificity how the
Defendants notified the Plaintiff in June 2007 that Defendants
sought to exercise their right to prepay or how Plaintiff's
unwillingness to accept the Defendants' offer were
communicated. There is no indication whether these
communications were oral, written, and how they were
communicated between the parties. The Plaintiff is unable to
respond and answer without more specificity.
Respectfully submitted,
CIS &
lX DSM
26 West High Street
Carlisle, PA
Dated: ?j
Saidis, Flower & Lindsay
A
iF
obert C. Saidis, Esquire
Attorney I.D. No.: 21458
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiff
2
CERTIFICATE OF SERVICE
On this 19th day of August, 2008, I hereby certify that I
served a true and correct copy of the foregoing Plaintiff's
Complaint upon all parties of record via United States Mail,
postage prepaid, addressed as follows:
David A. Baric, Esq.
19 West South Street
Carlisle, PA 17013
SAIDIS, FLOWER & LINDSAY
1
By:
SAIDIS,
FLOWER &
LINDSAY
ATRMWrAt-j W
26 West High Street
Carlisle, PA
c"?:
?-
?. ,.
?
. ? ?'FZ
^^; 4`T';
t,? 1 ,4
,: ? S .
_ _y'
_^ 1 .
W
<
= .?
? ,
t'i
I
DENNIS A. KNAUB, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2008-3333 CIVIL TERM
VINCENT P. SCALAVINO
and EILEEN SCALAVINO,
husband and wife,
Defendants
REPLY TO PRELIMINARY OBJECTIONS
NOW, comes Defendants, Counter-Plaintiffs, by and through their attorneys, O'BRIEN,
BARIC & SCHERER, and files the within Reply to Preliminary Objections and, in support
thereof, set forth the following:
1. Denied. To the contrary, Counter-Plaintiffs are not required to identify each and
every act. Moreover, discovery will lead to the uncovering of all such acts by Knaub.
2. Denied. To the contrary, the Rules of Civil Procedure do not require that each
improvement be specifically identified in the counterclaim.
3. Denied. To the contrary, the Rules of Civil Procedure do not require that each
specific repair refused by Knaub be identified in the counterclaim.
4. Denied. To the contrary, the Rules of Civil Procedure do not require that the
specific acts of Knaub be identified in the counterclaim.
5. Denied. To the contrary, the Rules of Civil Procedure do not require that
Counter-Plaintiffs identify whether these communications were written or oral or the specific the
actual communications made.
r-.
WHEREFORE, Counter-Plaintiffs request that the Preliminary Objections be overruled
and Counter-Defendant be directed to file an answer.
Respectfully submitted,
O'BRIEN, BARIC & SCHE
David A. Baric, Esquire
ID#44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
CERTIFICATE OF SERVICE
I hereby certify that on September 5, 2008, 1, David A. Baric, Esquire of O'Brien, Baric
& Scherer, did serve a copy of the Reply to Preliminary Objections, by first class U.S. mail,
postage prepaid, to the party listed below, as follows:
Robert C. Saidis, Esquire
Saidis Flower & Lindsay
26 West High Street
Carlisle, Pennsylvania 17013
1 - / k
Al",Z)z .1
David A. Baric, Esquire
"+3
C.ri
I
DENNIS A. KNAUB,
Plaintiff
V.
VINCENT P. SCALAVINO
and EILEEN SCALAVINO,
husband and wife,
Defendants
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-3333 CIVIL TERM
RELEASE OF LIS PENDENS
Kindly release the following described parcel of land from the lis pendens
above-captioned case:
ALL THAT CERTAIN lot of ground situate in the Second Ward of the Bc
of Carlisle, Cumberland County, Pennsylvania, more particularly bounded
described as follows, to wit:
in the
BEGINNING at a point on South Hanover Street, the Southwest corner of to now
or formerly of the Estate of Reverend A.R. Steck; thence East by the same, a
distance of 240 feet, more or less, to a point in the middle of Cemetery Alley
thence by the center line of said Alley, Southward a distance of 150 feet to a oint
on the line of property now or formerly of Raymond Black; thence by the sail!
property, Westward a distance of 240 feet, more or less, to a point on South
Hanover Street; thence Northward by said street, a distance of 150 feet to the
point, the Place of BEGINNING.
BEING improved with a brick garage building and brick dwelling house.
BEING the same premises which Beatrice A. Williams, in her right, and as
Executrix of the Estate of Roy E. Williams, Jr., by Deed dated and recorded
28, 1998 in the Office of the Recorder of Deeds in and for Cumberland Cow
Pennsylvania, in Deed Book 182, Page 153, granted and conveyed unto Den
Knaub.
PARCEL NO.: 03-22-0485-027 AND 027A
BEING 519 South Hanover Street, Carlisle, Pennsylvania.
fly submitted,
, BARI
Date: 10 ( O K
dab.dir/litigation/scalavino/knaub/lispendens. rel
David A. Baric, Esqu
I.D. # 44853
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
my
ty,
is A.
r.
CERTIFICATE OF SERVICE
I hereby certify that on October 31,
Scherer, did serve a copy of the Release of ]
to the party listed below, as follows:
Robert
Saidis,
26 V
Carlisle,
0
.' CZ)
F
yv `? • ri
,
a tom. ? ? ,
:53
w
01
DENNIS A. KNAUB,
Plaintiff
V.
VINCENT P. SCALAVINO
and EILEEN SCALAVINO,
husband and wife,
Defendants
IN THE COURT OF COMMON PLEA OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-3333 CIVIL TERM
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark the Answer, New Matters and Counterclaims filed on August 1,
above-captioned action as having been settled and discontinued with prejudice.
Respectfully submitted,
I
O'BRIEN, A & RE
Date: to 131
dab.dir/litigation/scalavino/knaub/discontinue.pra
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
in the
r-?
? p ?7s
T-17 r-?
ate`; .? /^
J
cr,
CERTIFICATE OF SERVICE
I hereby certify that on October 31, 2008, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail,
prepaid, to the party listed below, as follows:
Robert C. Saidis, Esquire
Saidis, Flower & Lindsay
26 West High Street
Carlisle, Pennsylvania 17013
?D
David A. Baric, Esquire
DENNIS A. KNAUB,
Plaintiff
V.
VINCENT P. SCALAVINO
and EILEEN SCALAVINO,
husband and wife,
Defendants
: IN THE COURT OF COMMON
: CUMBERLAND COUNTY, PEr
NO. 2008-3333 CIVIL TERM
PRAECIPE
FLOWER &
LINDSAY
26 West High Street
Carlisle, PA
TO THE PROTHONOTARY:
Please mark the above captioned action settled and satisfied upon
costs only.
Dated: O L' D?
Respectfully submitted,
Saidis, Flower & Lindsay
bert . aidis, Esquire
Attorney I.D. No.: 21458
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiff
S OF
VANIA
payment of your
1
;ra..
70
7Cw'r
W a