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Home My WebLink About08-6128Craig A. Diehl, Esquire I.D. No. 52801 LAW OFFICES OF CRAIG A. DIEHL 3464 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff, Keith R. Behney KEITH R. BEHNEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff DOCKET NO. o g-- 61O -)g7 V. CIVIL ACTION - LAW SCOTT J. CLELAN and LORI S. CLELAN, 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 AN 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 THE TELEPHONE OR 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 1-800-990-9108 717-249-3166 Craig A. Diehl, Esquire I.D. No. 52801 LAW OFFICES OF CRAIG A. DIEHL 3464 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff, Keith R. Behney KEITH R. BEHNEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff V. SCOTT J. CLELAN and LORI S. CLELAN, : DOCKET NO. : CIVIL ACTION - LAW Defendants. AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABODAGO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Craig A. Diehl, Esquire I.D. No. 52801 LAW OFFICES OF CRAIG A. DIEHL 3464 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff, Keith R. Behney KEITH R. BEHNEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff DOCKET NO. ®P - G l a p Ctc m''+l TtA - v. : CIVIL ACTION - LAW SCOTT J. CLELAN and LORI S. CLELAN, Defendants. COMPLAINT IN EJECTMENT NOW COMES Plaintiff, Keith R. Behney, by and through his counsel, Law Offices of Craig A. Diehl, and files this Complaint in Ejectment averring as follows: 1. Plaintiff, Keith R. Behney, is an adult individual with an address at P.O. Box 1125, Camp Hill, Pennsylvania, 17001. 2. Defendants, Scott J. Clelan and Lori S. Clelan, husband and wife, reside at 52 Bourbon Red Drive, Mechanicsburg, Pennsylvania, 17055 3. On or about November 30, 2007, the parties hereto entered into a contract whereby Plaintiff sold certain real property situate at 52 Bourbon Red Drive, Mechanicsburg, Pennsylvania, 17055 to Defendants pursuant to an Installment Sales Agreement (See Exhibit "A" attached hereto for a true and complete copy of the Installment Sales Agreement). 4. That Defendants have defaulted on their August and September, 2008, monthly payments. 5. That Plaintiff was at all times herein mentioned, and still is, the legal owner in certain real property located at 52 Bourbon Red Drive, Mechanicsburg, Pennsylvania, 17055, and more particular described as follows: ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the eastern side of Bourbon Red Drive, at corner of Lot No. 119 on the hereinafter mentioned plan of lots; thence along line of Lot 119, North 61 degrees 30 minutes 00 seconds East, a distance of 150.00 feet to a point; thence along line of lands now or formerly of Charles R. Hess, South 28 degrees 30 minutes 00 seconds East, a distance of 80.00 feet to a point; thence along line of Lot No. 121 on the hereinafter mentioned plan of lots, South 61 degrees 30 minutes 00 seconds West, a distance of 150.00 feet to a point; thence along the eastern side of Bourbon Red Drive, North 28 degrees 30 minutes 00 seconds West, a distance of 80.00 feet to a point, the place of BEGINNING. BEING Lot No. 120 as shown on the Final Major Subdivision Plan of Konhaus Estates, Section II, Phase 3, as recorded June 24, 1994 in the Recorder's Office in and for Cumberland County, Pennsylvania in Plan Book 68, Page 39. UNDER AND SUBJECT to Declaration of Covenants and Restrictions for Konhaus Estates, Section II, Phase 3, as set forth in Misc. Book 476, Page 825. 6. That the abstract of title on which Plaintiff relies is his purchase of the real property as recorded as Instrument Number 200745920 in the Recorder of Deeds, Cumberland County, Pennsylvania. 7. That due to the monetary breach by Defendants and Defendants' continued possession of said real property, Plaintiff has been removed of possession of his own property. 2 8. That Defendants are still withholding possession thereof from Plaintiff, all to his damage in the sum of the following: August, 2008 payment $1,754.11 September, 2008 payment 1,754.11 Late Fees (2) 175.41 $3,683.63 WHEREFORE, Plaintiff prays for judgment against Defendants restoring Plaintiff to the possession of the above-described real property, for damages in the sum of $3,683.63, for costs, reasonable attorney fees and such further relief as may be just. Date: ! 4 1 Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL By. n Craig A. iehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717)763-7613 Fax: (717)763-8293 Attorney for Keith R. Behney, Plaintiff 3 VERIFICATION I, KEITH R. BEHNEY, Plaintiff above-named, being duly sworn according to law, deposes that the facts set forth in the foregoing Complaint in Ejectment are true, as he verily believes. Date: f D -?-o? eith R. Behney EXHIBIT A /1 V _e r - INSTALLMENT SALES AGREEMENT THIS AGREEMENT is made and concluded this _JV ?rdday of November, 2007, by and between KEITH R. BEHNEY, IP i W a yl , Party of the First Part, hereinafter referred to as "Seller", and SCOTT J. CLELAN and LORI S. CLELAN, husband and wife, Party of the Second Part, hereinafter collectively referred to as "Buyer". In consideration of the mutual covenants and agreements hereinafter contained, it is agreed by and between Seller and Buyer, as follows: 1. Premises. The Seller agrees to sell to the Buyer and the Buyer agrees to purchase and accept the conveyance of all that certain tract or parcel of land, together with the improvements erected thereon, if any, as more particularly described and set forth in Exhibit "A" which is attached hereto and incorporated herein by reference, commonly known as 52 Bourbon Red Drive, Mechanicsburg, Pennsylvania 17055. 2. Consideration. The Buyer agrees to pay to Seller as the full consideration or price of the said premises the sum of Two Hundred Eighty-Nine Thousand and 00/100 ($289,000.00) Dollars, payable as follows: a. A down-payment of Twenty-Nine Thousand and 00/100 ($29,000.00) Dollars due at settlement; and b. The balance of Two Hundred Sixty Thousand and 00/100 ($260,000.00) Dollars shall be due and payable within thirteen (13) months from the date of this Agreement. Commencing on the 1" day of December, 2007, and thereafter on the same day of each and every month, Buyer shall make monthly interest only payments at the interest rate of 6.275% in the amount of One Thousand Three Hundred Fifty-Nine and 58/100 ($1,359.58) Dollars plus escrows for the following: One Hundred Sixty-Nine and 48/100 ($169.48) Dollars for real estate taxes; Forty-Three and 92/100 ($43.92) Dollars for homeowners insurance; and One Hundred Eighty-One and 13/100 ($181.13) Dollars for PMI for a total amount of One Thousand Seven Hundred Fifty-Four and 11/100 ($1,754.11) Dollars. Nothing herein contained shall interfere with the maturity date of this Agreement. Note: If the Buyer were to have taken a mortgage out in the amount of Two Hundred Sixty Thousand and 00/100 ($260,000.00) Dollars with an interest rate of 6.875% for a fixed term of Thirty (30) years (which is presently not available to them), their monthly payment would have been One Thousand Seven Hundred Eight and 02/100 ($1,708.02) Dollars. 3. Prepayment. Buyer shall have the right to prepay all or any part of the unpaid principal balance, without penalty for such prepayment, at any time and from time to time of any regular installment date due, together with interest on such prepayment to the date of payment. At such time as the interest and purchase price are paid in full, Seller agrees to convey to Buyer said premises by special warranty deed. 4. Encumbrance. Seller acknowledges that he has an outstanding mortgage against the premises in favor of CitiMortgage, Inc. and covenants to allow Buyer quiet enjoyment of the premises free and clear from interference or interruption of mortgage holder or any other person claiming under or through Seller. 5. Preparation of Deed. A Quit Claim Deed and a Special Warranty Deed shall be prepared at Seller's cost and held in escrow by Seller's attorney. Upon payment of the entire purchase price, Seller shall convey title to the Buyer. In the event of a default of payment by Buyer, Seller shall record the Quit Claim Deed executed by Buyer releasing any and all equitable interest Buyer has in the property. 6. Possession and Occupancy. Buyer shall be entitled to possession of the premises upon the execution and delivery of this Agreement and the payment of any monies required at the time of, or prior to, settlement. 7. Apportionment of Real Estate Taxes Rents and Expenses All local real estate taxes shall be apportioned on a fiscal or calendar year basis as appropriate to the date of execution of this Agreement. All rents, water rents, sewer rents, refuse charges and municipal assessments will be apportioned pro-rata as of the date of execution of this Agreement. Thereafter, Seller will pay all annual real estate taxes. 8. Local Real Estate Taxes Future Water Sewer and all Munici al Assessments and Claims. All future water, sewer and all municipal assessment and claims accruing from the date of the execution of this Agreement shall be paid by Buyer when and as same shall become due and payable. Failure of Buyer to make such payments on the current basis shall give Seller the option to make payment of the delinquent rents or charges and to add the amounts paid, with interest or penalties plus a six (6%) percent accommodation charge, to the payments made and otherwise required by this Agreement. Failure by the Buyer to submit such rents, assessments or charges to proper authority or to Seller herein within sixty (60) days after the due date of the face amount stated on the appropriate billing shall constitute default on the part of the Buyer under this Agreement. Buyer shall provide proof to Seller of the payments made for sewer charges upon payment of these respective items. 9. Transfer Taxes. Buyer shall pay all realty transfer taxes calculated on the agreed consideration at the rate applicable on the date of this Agreement. Said conveyance stamps and taxes shall be furnished or paid for at the time of delivery of deed. 10. Casualty Insurance. Seller agrees to insure the premises against fire by policy or policies of insurance with extended coverage in the amount of not less than Two Hundred Thirty-Five Thousand Five Hundred and 00/100 ($235,500.00) Dollars. Said insurance policies shall be properly endorsed to show the interest of first mortgage holder (if any) and the Seller. 11. Legal Title. The premises is being conveyed free and clear of all liens, encumbrances and easements, excepting the following: existing building restrictions, ordinances, easements of roads, privileges or rights of public service companies, if any, agreements or like matters of record, and easements or restrictions visible upon the ground. Otherwise, the title to the described real estate shall be good and marketable, such as will be insured by a licensed Title Insurance Company at regular rates. Legal title shall be conveyed by fee simple deed with a special warranty. In the event Seller is unable to give a good and marketable title such as will be insured by a licensed Title Insurance Company subject to the aforesaid, Buyer shall have the option of taking such title as Seller can give, without abatement of price, or of being repaid all monies paid by Buyer to Seller on account of the purchase price, less reasonable rental for the period of occupancy, together with such reasonable costs of searching title as Buyer may have incurred. In the latter event, there shall be no further liability or obligation as to either party concerning this Agreement which thereafter shall be null and void. Buyer shall be entitled to recover the costs aforesaid of title search only if Buyer obtained an attorney's opinion of condition of title and notified Seller of any objections within sixty (60) days after the date hereof. 12. Maintenance and Repairs Buyer agrees that at their own expense, they will maintain the premises in a reasonable state of repair at all times and will not permit any waste or disrepair to occur. Buyer agrees to make any and all repairs which from time to time become necessary or are mandated by federal, state, county or municipal law, ordinance or code in effect now or may become effective in the future. Buyer further acknowledges that he is purchasing the property in an "as is" condition. 13. Improvements and Alterations No major improvements or alterations shall be made to the premises without the prior written consent of Seller, which consent shall not be unreasonably withheld. Buyer agrees that Seller or Seller's agent shall have the right at all reasonable times of the day and upon reasonable notice under the circumstances to enter the premises for the purpose of inspection to determine whether Buyer has complied with the terms hereof. In the event of Buyer's default as to the terms of this Agreement, any and all improvements and additions made to the subject premises shall be and remain a permanent part of the premises; they shall not be removed by Buyer and Buyer will not be entitled to any reimbursement therefore; nevertheless, if such improvements, alterations or additions were made without the prior written approval of Seller, Buyer will remove same within thirty (30) days upon written notice from Seller to do so. In the event of such notice to remove these items, Buyer will repair the surfaces from which such improvements were removed in conformity with the surrounding surfaces. 14. Structural Changes. Any and all structural changes to be made to the premises by the Buyer must have the same approval and meet the same requirements as other improvements and alterations as above provided. In the event that such structural changes are to be made, Buyer shall indemnify Seller from the imposition of mechanics claims, mechanics liens, and encumbrances of any nature which might affect Seller's interest in the subject premises, except as otherwise may be agreed in writing. 15. Assignment of Sale. This Agreement may not be assigned by Buyer without the prior written approval of Seller, nor may the premises be sold by Buyer by means of an installment sales agreement or comparable document without the prior written approval of Seller, which approval will not be withheld unreasonably; provided that nothing contained in this paragraph shall be construed as a prohibition against the sale of the premises by Buyer to a third party whereby Seller receives the full consideration stated hereinabove. In the event of such an "outright" sale", Seller agrees to execute (at no additional cost to Seller) all documents reasonably required to effect such a sale and conveyance. 16 Warranty as to Use of Occupancy Seller warrants that present use of the premises is in conformity with federal, state and local laws relative to zoning, building and other laws, ordinances or codes. Seller makes no warranty or representation as to the conformity of any future use or occupancy of the subject premises insofar as federal, state or local laws are concerned relative to zoning, building or other laws, ordinances or codes. In the event that Buyer wishes to obtain approval of a change of use or occupancy, Seller agrees to cooperate to any reasonable degree in such application or request, providing all costs associated therewith shall be borne by Buyer. 17. Condemnation. In the event of condemnation of the subject premises or any portion thereof by any governmental agency, public authority or utility prior to the payment of all the within obligations from Buyer to Seller, the payment of damages for the "taking" shall be divided between the Buyer and the Seller "as their respective interests then may appear." 18. Default. Any failure of the Buyer to make payment of any monies required by this Agreement within ten (10) days after the due date for such payment, or any acts, or the performance of any act forbidden by this Agreement, or the failure to perform any act required by this Agreement, may constitute a default, at the option of Seller. If any payments due hereunder shall remain unpaid for ten (10) days following the designated due date in addition to other remedies hereunder, there shall be imposed a five percent (5%) late fee which shall be immediately due and payable. In the event a payment is returned for insufficient funds, a charge of $35.00 shall be due and payable immediately upon notice to Buyer. In the case of default by Buyer, Seller may (a) declare the principal balance, together with interest, attorney fees, court costs, and other reasonable charges due hereunder, immediately due and payable; (b) retain any and all monies received under the provision of this Agreement (whether on account of purchase money or otherwise) as partial compensation for Buyer's use and occupancy of said premises and as liquidated damages for breach of this Agreement; or (c) exercise any remedies available to Seller at law or in equity. All remedies hereunder may be exercised individually, successively or cumulatively, in the discretion of Seller. All of the above effective only after written notice is provided to Buyer with ten (10) days to cure, except that no notice is required prior to imposition of a late fee. 19. Placement of Liens and Rights of Purchasers to Pay Liens a. Seller agrees that he will not knowingly or voluntarily cause any encumbrance to be placed on said property without prior written approval of Buyer. b. Notice of the entry of any mortgage, judgment, lien or other encumbrance affecting title to said premises received by the Seller after the date of the execution of this Agreement shall be given by the Seller to the Buyer within thirty (30) days of the recording thereof in the Cumberland County Courthouse. C. In the event any mortgage, judgment, lien or other encumbrance affecting title to the premises existing at the date of the execution of this Agreement or hereafter entered of record and default in the payment is made by the Seller, then Buyer shall have the right to make the delinquent payments and to receive credit for the full amount of said payment made by the Buyer and to deduct the amount thereof from the required monthly payments under this Agreement. Prior to exercising the rights stated in the paragraph, Buyer shall give Seller three (3) days notice by certified mail of their intent to do so, but this provision shall not limit Purchasers' right to make the delinquent payments and to claim credit therefore. 20. Recording. This Agreement may be filed of record in any public office, as appropriate. 21. Applicable Law. In the event of any disagreement or misunderstanding, the terms of this Agreement shall be construed pursuant to the laws of the Commonwealth of Pennsylvania in effect at the time of the execution hereof and as they may be amended subsequently. 22. Entire Agreement. This document contains the entire agreement between Buyer and Seller; there are no representations, warranties, covenants, terms or conditions, except as specifically set forth herein. 23. Time of the Essence. Time shall be of the essence of this Agreement and all of its conditions or modifications. 24. Binding Agreement. This Agreement shall extend to and be legally binding upon the parties hereto, their respective heirs, executors, administrators and assigns. 25. Waiver. The failure of either party to insist upon strict enforcement of any provisions of this Agreement shall not constitute a waiver of the right to enforcement of that provision or of any other provision. 26. Modification. No modification of this Agreement shall be binding unless the same shall be in writing and duly approved by Seller and Buyer. 27. Description Headings. The descriptive headings used herein are for convenience only, and they 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. 28. Notices and Payments. All payments, notices and documents required by this Agreement shall be sufficiently delivered; if mailed by certified mail, postage prepaid, return receipt requested, or personally delivered to one of the parties to this Agreement as follows: a. To Seller, addressed as follows: Keith R. Behney P.O. Box 1125 Camp Hill, PA 17001 b. To Buyer, addressed as follows: Scott J. Clelan Lori S. Clelan 52 Bourbon Red Drive Mechanicsburg, PA 17055 29. Miscellaneous. In the event Buyer does not pay Seller in full by January 31, 2009, Buyer shall vacate the premises and Seller shall return the down-payment in the amount of Twenty-Nine Thousand and 00/100 ($29,000.00) Dollars upon vacating the premises minus any related costs to Seller including but not limited to late charges, legal fees, damages to premises, and any and all costs associated with foreclosure (if any). 30. Closing Costs. All closing costs of both Buyer and Seller shall be borne by Buyer, including but not limited to attorney fees, penalties, arrearages of any type including taxes, insurance, PMI, collection costs and any other necessary costs incurred by Seller. 31. Excess Funds. Any excess funds remaining from the down-payment after any and all costs have been paid relating to said default shall be returned to Buyer upon successful inspection and vacating of said premises by the Buyer. 32. Extension of Time to Purchase. Buyer shall pay an additional Seven Hundred Twenty-Two and 00/100 ($722.00) Dollars per month or any partial month thereof, beginning on February 1, 2009 for an extension period not to exceed three (3) months to purchase the property. IN WITNESS WHEREOF, the parties, intending to be legally bound, have duly executed this contract as of the date first above written. WITNESS: SELLER: KEITH R. BEHNEY WITNESS: BUYER: SCO J. CL AN LORI S. CLELAN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this day of November, 2007, before me, the undersigned officer, personally appeared Keith R. Behney, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. MIT 1 OF PENNSYLVAMA Nots"SW JW. Notary Public Cwftd td Caou * xpies F& 17, 2010 Member, POMayhmnia Association of Notaries Notl4y bli COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this - day of November, 2007, before me, the undersigned officer, personally appeared Scott J. Clelan and Lori S. Clelan, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COA?MONMY ALTH OF PENNSYLVANA NOCadg13ea1 GnCt'" Lay A. J@% Notary Pudic C, J Caamp H1 Bo% Q""dand County NMar?PublitV My C?arrrrAWm 80m Feb. 17, 2010 Member, Perr wAvarda Assoda6m of Notaries ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the eastern side of Bourbon Red Drive, at corner of Lot No. 119 on the hereinafter mentioned plan of lots; thence along line of Lot 119, North 61 degrees 30 minutes 00 seconds East, a distance of 150.00 feet to a point; thence along line of lands now or formerly of Charles R. Hess, South 28 degrees 30 minutes 00 seconds East, a distance of 80.00 feet to a point; thence along line of Lot No. 121 on the hereinafter mentioned plan of lots, South 61 degrees 30 minutes 00 seconds West, a distance of 150.00 feet to a point; thence along the eastern side of Bourbon Red Drive, North 28 degrees 30 minutes 00 seconds West, a distance of 80.00 feet to a point, the place of BEGINNING. BEING Lot No. 120 as shown on the Final Major Subdivision Plan of Konhaus Estates, Section II, Phase 3, as recorded June 24, 1994 in the Recorder's Office in and for Cumberland County, Pennsylvania in Plan Book 68, Page 39. UNDER AND SUBJECT to Declaration of Covenants and Restrictions for Konhaus Estates, Section II, Phase 3, as set forth in Misc. Book 476, Page 825. Exhibit "A" c? ?.,. t/`s_r ?? -' ?' ' ? ? ? „"' , 1 ? ? A` ? ? r M1 N\1 1 A. - SHERIFF'S RETURN - REGULAR CASE NO: 2008-06128 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEHNEY KEITH R VS CLELAN SCOTT J ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CLELAN LORI S the DEFENDANT at 1540:00 HOURS, on the 17th day of October , 2008 at 52 BOURBON RED DRIVE MECHANICSBURG, PA 17055 by handing to LORI CLELAN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 IL'23fOP 16.00 So Answers: R. Thomas Kline 10/20/2008 CRAIG DIEHL Sworn and Subscibed to By: before me this day of A.D. CASE NO: 2008-06128 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEHNEY KEITH R VS CLELAN SCOTT J ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CLELAN SCOTT J the DEFENDANT , at 1540:00 HOURS, on the 17th day of October , 2008 at 52 BOURBON RED DRIVE MECHANICSBURG, PA 17055 by handing to LORI CLELAN, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.00 Postage .59 Surcharge 10.00 .00 I D/23/pg 39.59- Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 10/20/2008 CRAIG DIEHL By. ;?Oepu?y erif A.D. day r. Craig A. Diehl, Esquire I.D. No. 52801 LAW OFFICES OF CRAIG A. DIEHL 3464 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff, Keith R. Behney KEITH R. BEHNEY, V. SCOTT J. CLELAN and LORI S CLELAN, TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO. 2008-06128 P CIVIL ACTION - LAW Please enter judgment by default against Defendants, Scott J. Clelan and Lori S. Clelan, for failure to file an Answer to Plaintiffs Complaint in this action within the required time. The Complaint contains a Notice to Defe d within twenty (20) days from the date of service thereof. Defendants, Scott J. Clelan and Lori S. Clelan, were served with the Complaint as evidenced by the Sheriffs Return dated October 17, 2008. A copy of the Sheriff s Return dated October 17, 2008, is attached hereto as Exhibit nrior?o the fili g?£thi!s Praeoi}. tp Date: . tdoMb r a, 00? Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL By: Craig A(Diehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717)763-7613 Fax: (717)763-8293 Attorney for Plaintiff 2 , , - Craig A. Diehl, Esquire I.D. No. 52801 LAW OFFICES OF CRAIG A. DIEHL 3464 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff, Keith R. Behney KEITH R. BEHNEY, Plainti V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY : DOCKET NO. 2008-06128 P CIVIL ACTION - LAW SCOTT J. CLELAN and LORI S. CLELAN, TO: Scott J. Clelan DATE OF NOTICE: November 1) , 2008 YOU ARE IN DEFAULT BI APPEARANCE PERSONALLY OR COURT YOUR DEFENSES OR Oi YOU. UNLESS YOU ACT WITHIP A JUDGMENT MAY BE ENTERE MAY LOSE YOUR PROPERTY OF THIS NOTICE TO A LAWYER A CANNOT AFFORD ONE, GO TO I OUT WHERE YOU CAN GET LEG CAUSE YOU HAVE FAILED TO ENTER A WRITTEN BY ATTORNEY AND FILE IN WRITING WITH THE JECTIONS TO THE CLAIMS SET FORTH AGAINST TEN (10) DAYS FROM THE DATE OF THIS NOTICE, AGAINST YOU WITHOUT A HEARING AND YOU OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE F ONCE. IF YOU DO NOT HAVE A LAWYER OR R TELEPHONE THE FOLLOWING OFFICE TO FIND LL HELP: RLA D COUNTY BAR ASSOCIATION 32 SO TH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 LAW OFFICES OF CRAIG A. DIEHL By: Z?Qzjez Craig A iehl, Esquire Attorney ID No. 52801 3464 Trindle Road Camp Hill, PA 17011-4436 (717) 763-7613 Counsel for Plaintiff, Keith R. Behney 2 i Il .E?xl?giT A i SHERIFF'S RETURN - REGULAR CASE NO: 2008-06128 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEHNEY KEITH R VS CLELAN SCOTT J ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvamia, who being duly sworn according to law, says, the within COMPLAINT & NOTICE CLELAN LORI S was served upon the DEFENDANT , at 1540:00 HOURS, on the 17th day of October , 2008 at 52 BOURBON RED DRIVE MECHANICSBURG, PA 17055 by handing to N LORI CLELAN a true and attested copy ofICOMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .OQ Surcharge 10.00 .00 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/20/2008 CRAIG DI By. of A. D. CERTIFICATE OF SERVICE AND NOW, the day of 2008, the undersigned i hereby certifies that a true and correlct copy of the foregoing Ten Day Notice was served upon the opposing party by way of Uni?ed States first class mail, postage prepaid, addressed as follows: Scott J. Clelan and Lori S. Clelan 52 Bourbon Red Drive Mechanicsburg, PA 17055 3 CERTIFICATE OF SERVICE AND NOW, the 3rd day of ecember, 2008, the undersigned hereby certifies that a true and correct copy of the foregoing t,raecipe to Enter Default Judgment was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Scott J. Clelan and Lori S. Clelan 52 Bourbon Red Drive Mechanicsburg, PA 17055 I K herine Zi an, Legal Secretary 3 ?. (? ' "`? ?? `_._ j. C?J ?' h ?. r r?a ?-? ,D C?? { ?{ ?? ?1 .'('^`c 1.l.? c`5? Ski ?; l.,i y 1 :? ? `...,y _? j"Ti :`" -°+.. Craig A. Diehl, Esquire I.D. No. 52801 LAW OFFICES OF CRAIG A. DIEHL 3464 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff, Keith R. Behney KEITH R. BEHNEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff V. : DOCKET NO. 2008-06128 P : CIVIL ACTION - LAW SCOTT J. CLELAN and LORI S. CLELAN, Defendants. PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Please issue Writ of Possession in the above matter based on the default judgment entered on December 3, 2008 for the following described property: 52 Bourbon Red Drive, Mechanicsburg, Pennsylvania, 17055 Legal Description: ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the eastern side of Bourbon Red Drive, at corner of Lot No. 119 on the hereinafter mentioned plan of lots; thence along line of Lot 119, North 61 degrees 30 minutes 00 seconds East, a distance of 150.00 feet to a point; thence along line of lands now or formerly of Charles R. Hess, South 28 degrees 30 minutes 00 seconds East, a distance of 80.00 feet to a point; thence along line of Lot No. 121 on the hereinafter mentioned plan of lots, South 61 degrees 30 minutes 00 seconds West, a distance of 150.00 feet to a point; thence along the eastern side of Bourbon Red Drive, North 28 degrees 30 minutes 00 seconds West, a distance of 80.00 feet to a point, the place of BEGINNING. BEING Lot No. 120 as shown on the Final Major Subdivision Plan of Konhaus Estates, Section II, Phase 3, as recorded June 24, 1994 in the Recorder's Office in and for Cumberland County, Pennsylvania in Plan Book 68, Page 39. UNDER AND SUBJECT to Declaration of Covenants and Restrictions for Konhaus Estates, Section II, Phase 3, as set forth in Misc. Book 476, Page 825. Respectfully submitted, Date: ', /M ', /"4 a A ( 9A- ( V 41 LAW OFFICES OF CRAIG A. DIEHL By: d, 1 '149 Craig A. iehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717)763-7613 Fax: (717)763-8293 Attorney for Keith R. Behney, Plaintiff n o ? -fJ UJ . `tea ?C r 5 By virtue of this writ, on the day of I caused the within named , to have possession of the premises described with the appurtenances, and .Writ of PnssPgginn returned STAYED per Atty Diehl 279/09 Sworn and subscribed to before me this Day of , So A?x? ?s heriff B Sheriff's Return Advance Costs: 150.00 k. I Sheriff's Costs: 58.34 Docketing 18.00 Surcharge 30.00 91.66 Prothy 2.00 Milage 7.20 Poundage 1.14 Refunded to Atty on 2/9/09 58 . ?4 ? ??IaJDq ° ? 4 C2.. i LIJ G_ Lu r. Cz - .L. C rn U N W-D ykt ? ? JL 49W z orz No 08-6128 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEITH R EHNEY VS. SCOTT J CLELAN AND LORI S CLELAN WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 172.09 Plff (s? $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: CRAIG A DIEHL ESQ 3464 TRINDLE ROAD, CAMP HILL, PA. (717)763-7613 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 . , -... e W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEITH R BEHNEY VS. No. 08-6128 Civil Term SCOTT J CLELAN AND LORI S CLELAN 52 BOURBON RED DRIVE MECHANICSBURG, PA. 17055 Costs Attorney's $ 172.09 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)) KEITH R BEHNEY being: (Premises as follows): 52 BOURBON RED DRIVE, MECHANICSBURG, PA 17055 (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. 2144'e, rtis R. Lon , ro onotar , Common Pleas Court of Cumberland County, PA S Date khu"I . 30, a o (Seal)