HomeMy WebLinkAbout09-5562J
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA
DOUGLAS L. ZOOK, § CAUSE NUMBER: ' 413, a
480 Running Pump Road §
Lancaster, PA 17601 §
Plaintiff, §
V. §
CHARLES J. SCHLUM. §
562 Magaro Road §
Enola, PA 17025 §
§
and §
CHARLENE R. SCHLUM §
562 Magaro Road §
Enola, PA 17025 ORIGINAL
Defendants. §
NOTICE TO DEFEND
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 the complaint and notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do so the
case may proceed without you and a judgment may be entered against you by the court without further
notice for any money claimed in t he 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 TAKETHIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GO TO GET LEGAL HELP.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
Cumberland County Bar Association
Lawyer Referral Service
32 South Bedford Street
Carlisle, PA 17013
Telephone: (717) 249-2663
AVISO
Le han demandano a usted in la corte. Si usted quiere defenderse de estas demandas expuestas en las
paginas signientes, usted tiene viente (20) dis de plazo al partir de la fecha de la demanda y la
notification. Hace falta asentar una comparencia escrita o en persona o con tin abogado y entregar a la
corte en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea
avisado que si usted no se defiende, la corte tomara medidas y puede decidir a favor del demandante y
requiere que usted cumpla con todas las provisionesde esta demanda. Usted puede perder dinero o sus
propiedades o otros direchos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIAMENTE, SI NO TIENE ABOGADO O
SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA
O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSIGUIR ASISTENCIA
LEGAL.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
Cumberland County Bar Association
Lawyer Referral Service
32 South Bedford Street
Carlisle, PA 17013
Telephone: (717) 249-2663
Page 2 of 7.
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA
DOUGLAS L. ZOOK, §
480 Running Pump Road §
Lancaster, PA 17601 §
Plaintiff, §
V. §
CHARLES J. SCHLUM. §
562 Magaro Road §
Enola, PA 17025 §
and §
CHARLENE R. SCHLUM §
562 Magaro Road §
Enola, PA 17025 §
Defendants. §
CAUSE NUMBER: 0 4 - S.SG z L?[,ura r. .
COMPLAINT
NOW COMES Douglas L. Zook, by and through his attorney, Michael Volk and respectfully shows
this Honorable Court the following:
1. Douglas L. Zook (hereafter "Plaintiff') is an individual doing business at 480 Running Pump
Road, Lancaster, Lancaster County, Pennsylvania 17601.
2. Charles J. Schlum, (hereafter "Defendant Charles Schlum") is an individual residing at 562
Magaro Road, Enola, Cumberland County, Pennsylvania 17025. Service of Process may be
had on Defendant Charles Schlum at this address.
3. Charlene R. Schlum (hereafter "Defendant Charlene Schlum") is an individual residing 562
Magaro Road, Enola, Cumberland County, Pennsylvania 17025. Service of Process may be had
on Defendant Charlene Schlum at this address.
4. Plaintiff is referred to in the contract as "Owner".
5. Defendants Charles Schlum and Charlene Schlum are variously referred to in the agreement as
"LPers"
6. On or about 7 December 2004, Plaintiff and Defendants entered into a contract to lease with an
option to purchase a house located at 516 Second Street, West Fairview, Cumberland County,
Pennsylvania 17025. A copy of that agreement is hereby incorporated by reference and is
attached to this Complaint as "Exhibit I".
7. The term of the lease began on 1 January 2005 and was to end on 31 December 2009, unless the
Page 3 of 7.
purchase option was exercised before the end date.
8. The fair rental value of the dwelling is the monthly rent reserved and agreed to under the terms
if the agreement between Plaintiff and Defendants.
9. As more fully set-forth below, the agreement obligates Defendants to, among other things, 1.)
pay Plaintiff rent in the amount of $1,396.69, payable on the first day of each month, 2.) pay
for all utility service, including sewer and trash expenses and 3.) to maintain the property.
10. Defendants defaulted on their lease obligations and moved from the dwelling on or about 10
June 2006.
11. Plaintiff regained possession of the dwelling on or about 12 June 2006.
12. As set forth in greater detail below, default by Defendants has damaged Plaintiff.
13. A copy of the Statement showing damages due to default by Defendants is attached as
""Exhibit 2".
1. LOSS OF RENTAL INCOME DUE TO DEFAULT BY DEFENDANTS
14. Plaintiff hereby incorporates paragraphs 1 through 13 of this Complaint as if set forth at length
herein.
15. Paragraph 13 of the Agreement by and between Plaintiff and Defendants, titled "DEFAULT"
states "It shall be a non-curable default under this agreement if you fail to (1) pay the full LP
payment or any other payment required by this agreement when due, or: (2) perform any duty,
obligation, or fulfill any responsibility required of you by this agreement within 3 days verbal
or written notice of any such default. In the event of any default, the owner, at his sole option,
may terminate all your rights under this agreement, unless you, within the said three days shall
cure the Default (this cure period applies only in the event of a default for a reason other than
non-payment of the LP payment; there is no notice required and no cure period for a default
resulting from non-payment or late payment of the LP payment). If you abandon and recover
from Lper all damages incurred by reason of your breach of this lease, including the cost of
recovering the premises and the value of the LP payment for the balance of the remaining term
of the lease..."
16. Paragraph 13 states " In the event of a default by you lasting more than 3 days, Owner may
elect to (a) continue the lease in effect and immediately accelerate all payments due along with
costs and fees provided herein, (without the right to purchase) and enforce all rights and
remedies belonging to Owner under this agreement, including the right to recover the LP
payment as it becomes due, or (b) at any time, terminate all your rights under this agreement
and recover from Lper all damages incurred by reason of your breach. of this lease, including
the cost of recovering the premises and the value of the LP payment for the balance of the
remaining term of the lease...".
17. Plaintiff suffered damages in the form of lost rental income from the date of Defendants'
departure from the dwelling through 1 September 2006, when another tenant moved into the
Page 4 of 7.
dwelling.
18. The period of non-occupancy caused Plaintiff lost rent proceeds in the mount of $3,740.00.
19. Due to the existence of the agreement and the terms shown above, Plaintiff is entitled to
compensation for the rental income lost due to Defendants' breach of the agreement.
20. Paragraph 2, styled "MONTHLY PAYMENT", states in part that " The LP payment includes
$170 as payment towards taxes and insurance."
21. Plaintiff maintained a separate accounting for real estate taxes and insurance due for the
dwelling. A positive balance of $627.38 had accumulated in the account at the time of
Defendants' default. This balance has been applied to the amount due by Defendants to
Plaintiff.
22. Any and all other credits have been applied to Defendants' balance owed.
23. Defendants have refused to pay the balance due and continue to do so.
24. Plaintiff has been damaged by Defendants' failure to complete the lease term in an amount of at
least $3,112.62.
II. DAMAGES TO DWELLING BY DEFENDANTS
25. Plaintiff hereby incorporates paragraphs 1 through 24 of this Complaint as if set forth at length
herein.
26. The agreement by and between the parties contains several terms where Defendants agreed to
maintain the property as set-forth more specifically below.
27. Section 8A of the agreement contains a paragraph which states, "You, at your own expense,
must at all times maintain the premises in a clean and sanitary condition including all
equipment, appliances, furniture in the premises and turn it all back over to Owner, at the end of
the lease period, if you do not exercise your option to purchase, in as good condition as
received, except for normal wear and tear..."
28. Section 8A of the agreement contains an additional paragraph which states "You must also
maintain all facilities, mechanicals, wiring, roofing, decks and other features of the home in
good working order or appearance.
29. Section 8A of the agreement contains an additional paragraph on page 3 which states "You
must pay all the costs of maintaining the premises the same as if you actually owned the
property without the benefit of the LP structure".
30. Paragraph 9, titled "DAMAGES FOR NEGLIGENCE:" states "You are responsible for
damages caused by your negligence and that of your family or anyone you invite to the
premises, including any guests".
Page 5 of 7.
31. Due to the existence of the contract, Defendants are responsible for the damage done to the
property.
32. Defendants breached their duty to maintain the property as set forth in the contract and as such,
are responsible for the costs of repairing any damage to the property.
33. Due to the existence of the agreement and the terms shown above, Plaintiff is entitled to
compensation for the damage done to the property and the costs of making necessary repairs.
34. Plaintiff has been damaged by Defendants' failure to maintain the property in an amount of at
least $1,563.30.
IV. ATTORNEY FEES AND COSTS
35. Plaintiff hereby incorporates paragraphs 1 through 34 of this Complaint as if set forth at length
herein.
36. Paragraph 20 of the Agreement by and between Plaintiff and Defendants, titled "ATTORNEY
FEES AND COSTS", stats as follows: "In any action or proceeding involving a dispute
between Owner and LPer to enforce the terms and conditions of this lease with option to
purchase, or to recover possession of the premises from LPer, the Owner shall be entitled to
receive from the other party attorney fees, expert fees, appraisal fees and all other costs incurred
in connection with such action or proceedings in the amount of 5% of the option cost or the
actual fees, whichever is greater".
37. Due to the existence of the agreement by and between Plaintiff and Defendants and the terms
shown above, Plaintiff is entitled to recover all costs of court and attorney fees.
PRAYER
WHEREFORE, Plaintiff respectfully requests that the Court grant judgment in his favor and against
Defendants in the amount of $5,854.42 as shown below:
a. $3,11.2.62 for lost rent;
b. $178.50 for Costs of Court;
c. $1,563.30 for damages to the dwelling;
d. $1,000.00 for Attorney's fees;
e. Any additional costs of court;
Page 6 of 7.
f. Plaintiff requests the grant of such and other relief as the Court deerns appropriate.
l Michael Volk
Respectfully Submitted;
Attorney for Plaintiff Douglas L. Zook
Supreme Court I.D. Number: 88553
275 Cumberland Parkway, Suite 168
Mechanicsburg, PA 17055
Telephone: (717) 889- 5989
Facsimile: (717) 441-3803
Email: volklawoffice@gmail.com
Page 7 of 7.
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY,
PENNSYLVANIA
DOUGLAS L. ZOOK, §
480 Running Pump Road §
Lancaster, PA 17601 §
Plaintiff, §
V. §
CHARLES J. SCHLUM. §
562 Magaro Road §
Enola, PA 17025 §
and §
CHARLENE R. SCHLUM §
562 Magaro Road §
Enola, PA 17025 §
Defendants. §
CAUSE NUMBER:
VERIFICATION
I, Michael B. Volk am t he attorney for the Plaintiff in this matter. I verify that
the statements contained in this Petition are true and correct to the best of my
knowledge. I am making this verification as the Plaintiff is unavailable and time is of
the essence. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S.A. 4904 relating to unsworn verification.
L
Michael B. Volk
Fs
?M
RESIDENTIAL LEASE WITH PURCHASE OPTION
You, Charles J. and Charlene R. Schlum (also called Lper in this contract), have given a deposit in
the amount of $1496.69(fourteen hundred ninety six and 69/100dollars), After the Owner of the
premises accepts and signs this lease, your deposit will become non-refundable and will be
applied as follows:
To non-refundable option consideration ....................................:$100.00
Additional non-refundable option consideration in the amount of $7000 is due according to the
following schedule $1,000 on or before 7/1/05, $1,000 on or before 12/31/05, $1,000 on or before
7/1/06, $1,000 on or before 12/31/06, $1,000 on or before 7/1/07, $1,000 on or before 12/31/07,
$1,000 on or before 7/1/08.
LPer pledges a 1996 Kawasaki Valcon 800 VIN #JKBVNCB 19TA042170 and a Gemini sound
system with two amps, four CD players, two mixers and four speakers as collateral for the timely
payment of this option consideration (on which time is of the essence). Lper certifies they own the
collateral free and clear and it is all in good condition.
Your first lease payment (also known as LP payment) is due
on or before 1/1/05 for the period _1/1-1/31/05 ................ :.1396.69
The Non-refundable option consideration gives you the option to purchase the property
during the term of the lease, so long as you do all the things you are agreeing to do, when you
have agreed to do them.
If Owner or his authorized agent does not accept and sign this agreement within 15 days, it
shall become void and your deposit will be returned.
You are offering to lease from the Owner the premises, described as 3 bedroom, 2 bath 1 car garage
raised ranch at 516 Second St. West Fairview Pa. 17025 in the County of Cumberland, State of
PA upon the following TERMS AND CONDITIONS.
1. TERM: The term of this lease will start on _111105 , and end on `12/31/09 ,
unless the purchase option is exercised before the end date.
2. MONTHLY PAYMENT: The monthly LP payment at the start of the lease will be $1396.69 per month
due in advance on the I st day of each month to owner or his authorized agent at the following address
480 Running Pump Rd, Lancaster, PA 17601 or at a different address if the Owner notifies you to
change the address you send your payment to.
The LP payment includes $_170 as a payment toward taxes and insurance. If this amount
is not enough to cover the actual taxes and insurance, the Owner will send you a bill for the
difference which you agree to pay as additional rent within 30 days of being billed by Owner.
If you are ever late paying a tax or insurance bill, then at Owners sole option you will be given
notice of the monthly amount equal to 1/12 of the estimated taxes and insurance shortfall that
will be added to the monthly LP payment for future tax and insurance bills, which shall then be
due monthly with your LP payment as additional rent.
If you don't pay your payment on or before the due date you must pay Owner a $100 late fee.
If you bounce a check for any reason you must pay Owner a $30 bad check fee plus interest at 1.5%
per month until the payment is made good.
have read and fully understand and agree to the terms and conditions contained in this entire agreement
Date /2 - 7 y
3. UTILITIES: You are responsible for the payment of all utilities and trash and other services related to
the premises.
4. USE: You may only use the premises as a single family residence. Any other use requires written
approval from Owner.
2
5. PETS: You may not have pets on the premises unless you have written approval first from Owner. If
Owner approves any pets, they must be kept in compliance with all laws. If Owner approves a
particular pet or pets, that does not automatically approve other pets without written permission from
Owner.
6. ORDINANCES AND STATUTES: You agree to comply with all deed restrictions, statutes,
ordinances and requirements of municipal, state and federal authorities now in force, or which may be
put into force at a later time, pertaining to your use of the premises.
7. ASSIGNMENT AND SUBLETTING: You may not assign this agreement or sublet any portion of the
premises without written approval from the Owner. If Owner approves one assignment or sublet, that
does not automatically approve other assignments or sublets without written permission from Owner.
8. MAINTENANCE, REPAIRS, OR ALTERATIONS: The premises are either under construction or
planned construction. Before you move in you agree to inspect the home. By moving in and taking
occupancy you acknowledge the home is in good order and repair and is accepted by you as shown at
time of move in. If you have any objections to the condition of the new home, Owner must
acknowledge them in writing prior to you moving in, otherwise you have accepted the home in as is
condition at the time of movein.
This agreement constitutes the entire contract between the parties hereto and the Seller is not liable or
bound in any manner by expressed or implied warranties, guaranties, promises, statements,
representations, or information pertaining to said premises. Except as noted on the line above, the
LPer agrees to take the premises as is and with any and all faults, known or unknown. The LPer
waives any and all statutory or implied warranties with regard to defects in, or the habitability of, the
premises. The terms of this waiver shall survive settlement if Lper exercises the purchase option.
You, at your own expense, must at all times maintain the premises in a clean and sanitary condition
including all equipment, appliances, furniture and furnishings in the premises and shall turn it all back
over to Owner, at the end of the lease period, if you do not exercise your option to purchase, in as
good condition as received, except for normal wear and tear. Pet stains and odors and other pet
damage shall not be considered normal wear and tear, even if pets were approved by Owner.
You must water and maintain any surrounding grounds, including any storm water facilities,
and you must maintain drainage away from the house including any downspout extensions or pipes.
You must maintain all lawns and shrubbery and keep the premises clear of rubbish or weeds.
You must also maintain all facilities, mechanicals, wiring, roofing, siding, decks and other features of
the home in good working order and appearance.
You have inspected and verified the operating condition of the smoke detectors and agree to maintain
them in an operating condition including weekly testing and battery replacement when needed, at all
times.
You must get written permission from Owner to paint, paper, or otherwise decorate or make
alterations to the premises.
I/W have read anfully understand and agree to the terms and conditions contained in this entire agreement
Date/d ? - a ?>
You must keep all kids toys in the back of the house out of site or inside when not being played with,
no bikes, toys, trampolines, etc may be stored in the front yard. All grass must be kept under 5" in
length at all times.
You must paying all the costs of maintaining the premises the same as if you actually owned the
property without benefit of the LP structure.
Upon notice from Owner, SCS or DEP, you must comply with any NPDES or other permit
requirements pertaining to the property, at all times, and if Owner receives a fine due to your non-
compliance with any NPDES or other permit requirements, whether or not you have become a
co-permittee, you must reimburse Owner for all costs of bringing the premises into compliance
together with any fines and/or legal costs incurred by Owner by your failure to comply, within 10
days of being billed by Owner. This obligation shall survive settlement if the purchase option is
exercised.
If you do not do what is required under this clause, Owner may (at his sole option) do the work
and bill you for it at his cost plus 20% administration and overhead costs which shall be due and
payable as additional rent within 10 days of being billed by Owner.
9. DAMAGES: You are responsible for damages caused by your negligence and that of your family
or anyone you invite to the premises including any guests.
10. ENTRY AND INSPECTION: You must permit Owner or Owners Agent to enter the premises at
reasonable times and upon reasonable verbal or written (at Owners sole option) notice for the
purpose of making necessary repairs, or to show the premises to prospective LPer, purchasers, or
mortgage's, or to see if premises is being kept in conformance with this agreement. For these
purposes, 24 hours is deemed reasonable and acceptable notice.
11. INDEMNIFICATION: Owner will not be liable for any damage or injury to You, or any other
person, or to any property, occurring on any part of the premises. You agree to hold Owner
harmless from any claim for damages no matter how caused and you also agrees to indemnify
Owner for any and all damage, losses or injury occurring on or because of the premises for which
claim is made against the Owner or premises including, but not limited to, costs and attorneys fees
incurred in defending against any claims or in enforcing this agreement.
12. PHYSICAL POSSESSION: If Owner is unable to deliver to possession of any or all the premises on
the start date of the term, Owner won't be liable for any damages that result. This will also not
cause this agreement be void or void-able, except at Owners sole option, but you will not have to
pay any LP payment for the undeliverable part until possession is delivered. If new construction,
possession shall be considered to have been delivered on the day after Certificate of Occupancy is
received by Owner, and LP payment shall be due on or before that time. You may terminate this
agreement if full possession is not delivered within 180 business days of the start of the term. Any
delay in the delivery of physical possession shall not extend the end date of the term or the option
expiration date. Your LP payment obligation will start on the date of the start of the term
according to Clause 1 above, or the date of the acquisition of any required certificate of Occupancy,
whichever is later, regardless of when you actually move in.
13. DEFAULT: It shall be a non-curable default under this agreement if You fail to (1) pay the full LP
payment or any other payment required by this agreement when due, or; (2) perform any duty,
obligation, or fulfill any responsibility required of You by this agreement within 3 days verbal or
written notice of any such default. In the event of any default, the Owner, at his sole option, may
terminate all your rights under this agreement, unless you, within the said three days shall cure the
Default (this cure period applies only in the event of a default for a reason other than non-payment
I/We have read anlly understand and agree to the terms and conditions contained in this entire agreement
Date Z?,
-o ?.
4
of the LP payment; there is no notice required and no cure period for a default resulting from non-
payment or late payment of the LP payment). If you abandon or vacate the property, while in
default of the payment of LP payment, Owner may consider any property left on the premises to be
abandoned and may immediately dispose of the same in any manner and/or at Owner's sole option,
retain full and complete title to the property abandoned without any notice to LPer. In the event the
Owner reasonably believes that such abandoned property has no value, it may be discarded. You
agree that all property on the premises is subject to a lien in favor of Owner for the payment of all
sums due hereunder to the maximum extent set forth in this Agreement.
In the event of a default by you lasting more than 3 days, Owner may elect to (a) continue the lease
in effect and immediately accelerate all payments due along with costs and fees provided herein,
(without the right to purchase) and enforce all rights and remedies belonging to Owner under this
agreement, including the right to recover the LP payment as it becomes due, or (b) at any time,
terminate all of your rights under this agreement and recover from LPer all damages incurred by
reason of your breach of the lease, including the cost of recovering the premises and the value of
the LP payment for the balance of the remaining term of the lease, even if your default be remedied
after 3 days from the effective date of notice. Liquidated damages in the event of a default shall be
$8000.00 plus costs of collection and may be pursued at Owners sole option in addition to other
actual damages.
14. WAIVERS: No failure of Owner to enforce any term of this agreement shall be deemed a waiver of
that term currently or in the future, nor any other term contained in this agreement. Specifically,
the acceptance of partial payment of LP payment or any other payment required by this agreement
shall never be deemed a waiver of Owners right to the full amount due.
15. NOTICES: Any notice, which either parry may or is required to give may be given by hand delivery
or by mailing the same First Class Mail postage prepaid to LPer at the premises or by posting
conspicuously on the front entrance of the premises, or to Owner by both regular and Certified Mail,
postage prepaid to both addresses shown below or at such other places as may be designated by the
Owner from time to time. Notice to Owner shall be deemed to have been given upon the day
showing on the signed certified mail return receipt.
16. NON-MODIFICATION: Acceptance of partial payments or a late payment by Owner shall not
modify this agreement.
17. HEIRS, ASSIGNS, SUCCESSORS: This lease is binding upon and inures to the benefit of the heirs,
assigns, and successors in interest to both the Owner and You, except as precluded by Paragraph 7
herein.
18. TIME: Time is of the essence to this agreement. This means all dates and time frames must be
honored strictly.
19. HOLDING OVER: If you do not exercise the purchase option and you want to stay after the end of
the term of this agreement is expired, then with the consent of the Owner, your staying will be a
month-to-month tenancy with the other terms of the agreement, except the purchase option
provision, remaining unchanged. When you want to end the month to month tenancy you must
give 60 days written notice from the first of the month to Owner.
You must give 60 days notice of your intention to vacate prior to the end of initial term. Your
failure to provide such 60 days notice shall be considered your application for holding over month-
to-month tenancy in accordance to this clause.
I/Wk have read anAfully understand and agree to the terms and conditions contained in this entire agreement
Date Zj --
o ?/
No such holding over or extension of this lease shall extend the time for the exercise of the
purchase option unless otherwise agreed upon, IN WRITING, by Owner.
20. ATTORNEY FEES AND COSTS: In any action or proceeding involving a dispute between Owner
and LPer to enforce the terms and conditions of this lease with option to purchase, or to recover
possession of the premises from LPer, the Owner shall be entitled to receive from the other party
attorney fees, expert fees, appraisal fees and all other costs incurred in connection with such action
or proceedings in the amount of 5% of the option price or the actual fees, whichever is greater.
21. OPTION: So long as LPer is not, AND has not ever been at any time, in default in the performance
of any term of this lease, LPer shall have the option to purchase the premises for a PURCHASE
PRICE OF $139,900 plus any prepayment penalty required by Owners underlying lender at the time
Lper exercises their option to purchase under the following TERMS and CONDITIONS:
A. Each time the current LP payment (as adjusted from time to time by the terms of this
agreement) in the LP payment envelope is postmarked by the due date and mailed to the Owner,
or electronic payment is made on or before the due date, You shall be entitled to a 9.99%APR
30 yr amortization credit toward the purchase price, when exercising the option to purchase. In
the event that Owner's interest rate rises on any mortgage he has on the property while you are
leasing it, your monthly payment and/or amortization credit (at Owners sole option) will
change, to reflect the increase. Depending on your start payment, you may have an initial
negative amortization credit.
B. Your option to purchase cannot be sold or assigned without the Owner's written permission.
You may not sublease the premises without the Owner's advance written permission.
Permission to sell or assign the option, or sublease the premises, may be unreasonably withheld
by Owner.
C. If there is any default of any of the terms of this agreement that is not cured under the terms of
this agreement or if it shall become necessary to evict the LPer for any reason or if the LPer
does not exercise it's purchase option, the LP payment amortization calculation credit is
canceled.
D. When the purchase option is exercised the property shall be conveyed in its then "as is"
condition with no warranties/representations or guarantees by Seller.
E. The nonrefundable option consideration shall be credited to buyer's purchase price along with
any LP payment amortization credit earned when the option is exercised. NEITHER THE
OPTION CONSIDERATION NOR THE LP PAYMENT AMORTIZATION CREDIT IS
REFUNDABLE UNDER ANY CIRCUMSTANCE.
F. You are responsible to arrange your own financing for the purchase price if you exercise your
purchase option.
G. If any payment was late for any reason whatsoever, the Owner, at his sole option, may elect to
increase the LP payment and/or interest rate for calculation of any amortization credit by 10%
for each year in which there is any late payment, without further notice to you.
H. If any payment was late for any reason whatsoever, the Owner, at his sole option, may elect to
increase the option price by 10% for each year in which there is any late payment, without
further notice to you.
1. If any payment is late for any reason whatsoever by more than 5 days, the applicable
monthly payment at that time shall be divided by 4 and this shall become a weekly
payment due on the Monday of each week thereafter and the same late penalties will apply
to that weekly payment as apply to the monthly payment.
1. On _1/1/07 the monthly payment (before adding 1/12 the estimated annual taxes and
insurance) will increase to $_1331.20_ and the base rate for calculating the amortization credit
at the time of option exercise will change to 10.99 (unless adjusted higher by another clause in
this agreement) for the remainder of the term of this LP.
I/W have read and fully understand and agree to the terms and conditions contained in this entire agreement
Date
6
22. DISCLAIMER: You acknowledge that there is no way to know what the availability of financing,
total purchase costs, and lenders prepayment penalties will be at the time you may decide to exercise
your option to purchase. Therefore, you agree that these items shall not be conditions of
performance of this agreement and you agree that you have not relied upon any representations or
warranties of Owner, his agents, brokers, affiliates, or other parties, in regard to these issues.
23. FIXTURES: All improvements, fixtures, attached floor coverings, draperies including hardware,
shades, blinds, window and door screens, storm sash, combination doors, awnings, and items
permanently attached, shall be included, unless specifically excluded here NONE
24. ENCUMBRANCES: LPer shall take title to the premises subject to (1) Real Estate Taxes not yet
due and (2) Covenants, conditions, restrictions, reservations, rights, rights of way and easements, if
any.
25. EXAMINATION OF TITLE: You will have Fifteen (15) days after you notify Owner of your
intention to exercise the option to purchase to examine the title to the property and to report in
writing any valid objections you have. Any exceptions to the title, which would be disclosed by
examination of the record, shall be deemed to have been accepted unless you report them within the
allowed fifteen (15) days. If you object to any exceptions to the title, Owner may, at his sole
option, use all due diligence to remove such exceptions at his own expense, within ninety (90) days
after receiving your report in writing. But if such exceptions cannot be removed within the ninety
(90) days allowed, or if Owner elects not to remove such exceptions, all rights and obligations
hereunder may, at your option, terminate and end unless you elect to purchase the property subject
to such exceptions.
26. CLOSING COSTS: At closing, You will pay all transfer tax, title fees and other closing costs.
27. PRORATIONS: All LP payments, taxes, premiums on insurance, and other expenses of the
property to be prorated as of possession by You.
28 EXPIRATION OF OPTION: This option may be exercised at any time after 111105 and
shall expire at midnight _12/31/08 . After the expiration date of the option, this agreement
shall be a lease only and any constructive or actual equity of redemption shall extinguish. Owner
will have no further obligation to you related to the option and you will have no more rights under
the option, whether legal or equitable. After expiration of option, Landlord at it's sole option,
may at any time give 90 days written notice to Lper and terminate the lease.
29. EXERCISE OF OPTION: When you have decided to exercise your option to purchase you must
mail a notice of your intention, together with an additional $1000 in option consideration, to the
owner, at least 60 days prior to the expiration of this option.
If you have not defaulted on any of the terms of this agreement, when you exercise the option, the
non-refundable option consideration and any credit due from the LP payment as noted in section 21
shall be credited to your purchase price and closing costs.
30. SEVERABILITY: If any part of this agreement is held to be invalid or unenforceable, in whole or
in part, then that provision will be ineffective only to the extent of the invalidity or unenforceability
without in any way affecting the validity or enforceability of the remaining parts of this agreement.
31. JOINT AND SEVERAL LIABILITY: If any default occurs, each of you, if there be more than
one, shall be jointly and severally liable under all terms of this agreement. This means each of you
may be held responsible individually for payments of all amounts due under this agreement.
VW have read d fully understand and agree to the terms and conditions contained in this entire agreement
Date iZ - 7- a V
7
32. OTHER DEBT: As part of this agreement, You agree to incur NO ADDITIONAL DEBT without
the written consent of Owner. You also agree to pay all present payments on time. If you do not
pay all present payments on time, or you incur additional debt without the written consent of Owner,
you will be in default of this agreement. You agree that Owner or his agent shall have the right at
any time to obtain a credit report and/or employment and income source verification on you during
the term of this agreement and any subsequent agreements or actions related to this agreement.
33. INSURANCE REQUIREMENTS: At all times LPer shall fully insure the premises for both
physical damage and liability with the Owner as the primary insured party. Coverage's to be
minimum $500,000 liability and option price. In the event Owner elects, at its sole option, to
directly acquire insurance, LPer's payment shall be increased according to the cost of the insurance
plus a 10% administration fee; in this case, Owner's policy will not cover your personal property or
liability, therefore Owner requires you to obtain a enters insurance policy to provide liability and
contents coverage for you and your personal property and to name Owner as an additional insured
on your renters policy.
34. SALES TAX: You are responsible for all sales tax due if the State determines at some time that this
is a taxable transaction. In the event of a determination that sales tax is payable on the LP payment,
your payment will be adjusted accordingly.
35. VENUE: You agree that regardless of where this agreement was signed, that this agreement shall be
treated for legal purposes as entered into at Owners main office in Lancaster County, PA and that
any legal actions that result from this agreement shall be in the proper jurisdiction of the District
Justice of Owners current office in Lancaster County, PA or the Courts of Common Pleas of
Lancaster County, PA or the District Justice or Courts of Common Pleas where the property is
located, at Owners sole option.
36. OWNERS TITLE: Owner, as referenced herein, may be equitable and may not necessarily be the
"record" owner.
37. OWNERS UNDERLYING FINANCING: Contingent upon Owner closing on the permanent
underlying financing for Owner. In the event this does not close, this agreement, at Owners sole
option, may be declared null and void.
38. ENTIRE AGREEMENT- You acknowledge that this document contains the entire agreement
between you and the Owner, his agents, employees or related parties and that you have no other oral
or written agreements with Owner or any other person or business related to this property.
39. LEGAL REVIEW: You acknowledge that Owner has recommended that you have this Agreement
reviewed by legal counsel to make sure you understand the legal significance of all terms and
conditions of this agreement and you have either A) done so; or B) waived this recommendation.
You also acknowledge that this Agreement and all terms and conditions of it were open to
negotiation and that you are satisfied with all terms and conditions, as they exist.
40. SUPERSEDING AGREEMENT: This agreement supersedes all others between the parties and any
affiliates. Nothing in this clause shall preclude the final reconciliation of all taxes and insurance
and any amortization credit due under preceding LP agreement, if any. If at any time, to facilitate
Lper obtaining financing, Owner and Lper enter into a simple sales agreement for the property, that
sales agreement and any term within it shall never in any way supersede or modify the terms of this
agreement. All terms of this agreement shall supersede all terms of any sales agreement done for
financing convenience purposes and the terms of this agreement shall remain in full force and effect
at all times even when a lender is processing a loan under an additional sales agreement.
UWe?ve read a>Afully understand and agree to the terms and conditions contained in this entire agreement
C61.;? Date /d - ;1 • oy
41. BROKER DISCLOSURE: Douglas L. Zook is a Licensed RE broker functioning solely as a
principle in this transaction. You agree there are no brokers involved in this transaction unless
identified here NONE
42. AUTOMATIC PAYMENT: You agree that LP payment can be taken from your bank account by
automatic electronic withdrawal on the due date, at owners sole option, and agree to provide the
necessary information to set this up within 10 days of request by owner.
43. PRE-OCCUPANCY: Should you, with Owners required permission, occupy the premises prior to
the start of term of this agreement, you will owe in advance an amount equal to 1130 of the
monthly payment for each day you occupy prior to the start of the term. No amortization credit
will accrue for this preoccupancy.
44. NOT AN INSTALLMENT SALE: You expressly agree that this is solely a lease with option to
purchase agreement and shall never be construed to be an installment sales agreement under any
circumstance.
45. LEAD NOTICE: If checked here, this is a pre-1978 home and a lead notice is attached:
8
46. MOLD: Mold is caused by moisture and certain types can be a hazard to your health. If you ever
have a moisture problem, whether it be from a pipe leak, roof leak, flood, or any other cause it is
extremely important to address it immediately. Please contact Owner immediately if any
moisture problem develops so Owner can suggest ways to minimize the risk of mold developing
so you can protect your home and your health. Owner will not be liable for any damage or injury
to You, your invitees, or any other person, or to any property, related to mold.
47. CARBON MONOXIDE: Carbon Monoxide is a byproduct of combustion of fossil fuels such as
natural gas which your home may be heated with. If you do not keep your heat system and hot
water heater maintained, carbon monoxide can be released into the home which can make you sick
and can even kill you. It is your responsibility to keep your home maintained at all times
including your gas systems to protect your health. While not required by law, Owner recommends
you have a carbon monoxide detector operable in your home at all times. They can be acquired at
the local hardware store for less than $50. Owner will not be liable for any damage or injury to
You, your invitees, or any other person, or to any property, related to carbon monoxide.
48. RADON: Radon is a naturally occurring clear and odorless gas that can increase your risk for
certain kinds of cancer and other illnesses if the concentration is too high. High levels of radon
are easily mitigated by a vent system. Owner makes no representations about the existence or non-
existence of radon in this home. You are encouraged to satisfy yourself if you have any concerns
about radon in your home.
49. WATER QUALITY: If checked here your home is on a well _
Owner makes no representations related to the quality of water from a well. Water quality can
change over time. Water testing is readily available and You are encouraged to satisfy yourself if
you have any concerns about water quality in your home.
I/W ve read lly understand and agree to the terms and conditions contained in this entire agreement
T Date /'e- - 7- o y
9
50. ARBITRATION CLAUSE: This Agreement shall be governed by and construed in accordance with
the law of the State of Pennsylvania. Any action to pursue eviction or regain possession and obtain
judgment for rent liability and property damage may be pursued in the appropriate courts of said state, at the
sole discretion of the Owner. Any other claims or action, by either party, to enforce or interpret this
agreement and all other disputes under the agreement shall be resolved by binding arbitration in Lancaster,
PA. Either party shall give notice according the notice provisions of this agreement, sending the other a
demand for arbitration under this clause. Both parties may agree on an arbiter or, if they cannot agree on an
arbiter within 30 days of the date of the demand, each shall pick an arbiter within 45 days of the date of the
demand. Those two picked arbiters shall choose a third arbiter within 10 days thereafter (55 days of the
demand date) and the arbitration will proceed as directed by the arbiter/s and as otherwise proscribed
according to the laws of said state. Time is of the essence and failure to timely join in the choice of
arbiter/s, by either party, shall be conclusively deemed a waiver of the right to choose and the matter will
proceed under the single arbiter chosen timely.
By signing below, you acknowledge you have read and fully understand and agree to the terms and
conditions contained in this entire agreement and that you have received a copy of this agreement.
IN WITNESS WHEREOF, AND INTENDING TO BE LEGALLY BOUND HEREBY, THE PARTIES
HERETO HAVE AFFIXED THEIR RESPECTIVE HANDS AND SEALS, THIS -_7DAY OF ,-C,
2004
LPer (SEAL)
Witness /? J /(
Witness all--LPer (SEAL)
Current address:
ACCEPTANCE
By signing below, the Owner accepts your offer and acknowledge<hav* gof it.
Owner
Owner: Douglas L. Zook
480 Running Pump Rd and PO BOX 1870
Lancaster, PA 17601 Fraser, CO 80442
DOUGLAS L. ZOOK
480 Running Pump Road
Lancaster, PA 17601
Telephone: 717-735-0030 Fax: 717-735-0029
Statement of Rent and Charges Due
May 26, 2009
Charles J. Schlum
Charlene B. Schlum
516 Second Street
West Fairview, PA 17025
York Haven, PA 17370
Rent due through term of lease or until
Another Lper move in: 09/01/06 $3,740.00
Real Estate Taxes and Insurance Due: $(627.38)
Utilities Due:
Damages to Home:
$0.00
$1,563.30
Net Amount Due and Owing: $4,675.32
iiv _
IX7
Sheriffs Office of Cumberland County
R Thomas Kline
Sher tp ofIktWbFl
Ronny R Anderson ,jya
{ra
Chief Deputy ..4r!?
t
Jody S Smith Y
A
Civil Process Sergeant OWCE o? THE s"ERIFF
Edward L Schorpp
Solicitor
Fft C_; u? OF V
OF TH7
2 -1 C (3
Douglas L. Zook
vs.
Charles J. Schlum
SHERIFF'S RETURN OF SERVICE
Case Number
2009-5562
08/15/2009 12:36 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on August
15, 2009 at 1236 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Charlene R. Schlum, by making known unto herself personally, defendant at 562
Magaro Road Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing
to her personally the said true and correct copy of the same.
09/22/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Charles J. Schlum, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Charles
J. Schlum. The current resident of 562 Magaro Road Enola, PA 17025 is the defendant's ex-wife, she
adivsed Deputy's the defendant is living in McCallisterville, PA. An exact address is not available.
SHERIFF COST: $62.94 SO AANNS?WERS,
September 22, 2009 R THOMAS KLINE, SHERIFF
y Sheriff
,,,a
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA
cu 6 '-
DOUGLAS L. ZOOK, § CAUSE NUMBER: 2009--ft-"7-CIVIL
480 Running Pump Road §
Lancaster, PA 17601 §
Plaintiff,
V.
CHARLES J. SCHLUM.
562 Magaro Road
Enola, PA 17025
and
CHARLENE R. SCHLUM
562 Magaro Road
Enola, PA 17025
Defendants.
ORIdINAL
PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT
To the Prothonotary:
Please enter judgment for Plaintiff and against Defendant Charlene R. Schlum and assess
damages certified to be calculable as a sum certain from the Complaint:
Principal due:
Costs of Court:
Attorney Fees:
Total due
$4,675.92
$178.50
$1,000.00
$5,854.42
I understand that any false statements contained therein are subject to the penalties
contained in Title 18 of the Pennsylvania Consolidated Statutes, Section 4904, relating to
unsworn falsification to authorities. I verify that:
1. The precise last known address of Defendant Charlene Schlum is 562 Magaro Road,
Enola, PA 17025.
2. The named defendants are not known to be in military service of the United States or
otherwise within the coverage of the Serviceman's Civil Relief Act and are over the
age of 18 years.
It is certified that a written notice of intention to file this Praecipe was mailed to the
Defendants against whom judgment is to be entered and their attorney of record, if
any, after the default occurred and at least 10 days prior to the date of the filing of this
Praecipe.
Respectfully Submitte ,
Michael Volk
Attorney for Plaintiff Douglas L. Zook
Supreme Court I.D. Number: 88553
275 Cumberland Parkway, Suite 168
Mechanicsburg, PA 17055
Telephone: (717) 889-5989
Facsimile: (717) 441-3803
Email: volklawoffice@gmail.com
THIS THE 3 DAY OF JUDGMENT IS ENTERED IN FAVOR
OF PLAINTIFF AND AGAINST DEFENDANT CHARLENE SCHLUM SPECIFICALLY
NAMED BY ORDER OF COURT AND DAMAGES ASSESSED AT THE SUM OF
$5,854.42.
PR THONOTARY X(
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA
DOUGLAS L. ZOOK, § CAUSE NUMBER: 2009?f 4V- IL
480 Running Pump Road §
Lancaster, PA 17601 §
Plaintiff,
V.
CHARLES J. SCHLUM.
562 Magaro Road
Enola, PA 17025
and
CHARLENE R. SCHLUM §
562 Magaro Road §
Enola, PA 17025 §
Defendants. §
NOTICE OF ENTRY OF JUDGMENT
TO: Charles J. Schlum
RD#2
McAlesterville, PA 17049
Charlene R. Schlum
562 Magaro Road
Enola, PA 17025
Defendants.
Pursuant to Pa. R.C.P. Rule 236, you are hereby notified that a judgment has been entered
against Defendant Charlene R. Schlum in the above proceeding as indicated below:
X JUDGMENT BY DEFAULT in the amount of $5,854.42.
Money Judgment
Amount on Award of Arbitrators t
Judgment on Verdict
Money Judgment Transferred from Other Jurisdiction
Other
IF YOU HAVE ANY QUESTIONS REGARDING THIS NOTICE PLEASEE CALL
ATTORNEY MICHAEL VOLK AT THE TELEPHONE NUMBER: (717) 889-5989.
/5/
Prothonotary
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA
?
DOUGLAS L. ZOOK, § CAUSE NUMBER: 2009-LL`
CIIVIL
480 Running Pump Road §
Lancaster, PA 17601 §
Plaintiff, §
V. §
CHARLES J. SCHLUM. §
562 Magaro Road §
Enola, PA 17025 §
and §
§
CHARLENE R. SCHLUM §
562 Magaro Road §
Enola, PA 17025 COPY
Defendants. §
TO: Charlene R. Schlum
562 Magaro Road
Enola, PA 170225
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH
THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF
THIS NOTICE, A JUIGMENT MAY BE ENTERED AGAINST YOU WITHOUT A
HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT
RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET
LEGAL HELP:
Cumberland County Bar Association
Lawyer Referral Service
32 South Bedford Street
Carlisle, PA 17013
Telephone: (717) 249-2663
Respe fully ed; ,?
Michael Volk
Attorney for Plaintiff Douglas L. Zook
Supreme Court I.D. Number: 88553
275 Cumberland Parkway, Suite 168
Mechanicsburg, PA 17055
Telephone: (717) 889- 5989
Facsimile: (717) 441-3803
Email: volklawoffice@agmail.com
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA
DOUGLAS L. ZOOK,
480 Running Pump Road
Lancaster, PA 17601
Plaintiff,
V.
CHARLES J. SCHLUM.
562 Magaro Road
Enola, PA 17025
and
CHARLENE R. SCHLUM
562 Magaro Road
Enola, PA 17025
Defendants.
Y36
CAUSE NUMBER: 2009-45,6-?C1VIL
CERTIFICATE OF SERVICE
I certify that on the -+tt'"th day of 4W4ti , 2009, I sent VIA FIRST CLASS
MAIL a copy of Plaintiff's Notice Of Default, addressed to the following:
Charlene R. Schlurn
562 Magaro Road
Enola, PA 170225
Charles J. Schlum
RR Box 70
McAlisterville, PA 17049
Respectfully Submi ;
Michael Volk
Attorney for Plaintiff Douglas L. Zook
Supreme Court I.D. Number: 88553
275 Cumberland Parkway, Suite 168
Mechanicsburg, PA 17055
Telephone: (717) 889- 5989
Facsimile: (717) 441-3803
Email: volklawoffice@gmail.com
10111of 6AO,41
$- /?, as p d- ?. ? veIec
(ju* 16
?,o ?_3 1.)- 3
IN THE UNITED STATES BANKRUPTY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
In Re:
CHARLES J. SCHLUM Chapter 7 ~ ~ _,.
CHARLENE R. SCHLUM ~ ~~ ~
Debtors ~ ~ ~ - r.,.~ -,-.
Case No. 1:09-06824 - +~
CHARLES J. SCHLUM '='--' ~ ''
CHARLENE R. SCHLUM =~ ~~ '-'t
Movants '~ -~= -
~"
~ ~
Motion to Avoid ~' ~ .
~
DOUGLAS L. ZOOK ~
~
~
Respondent
ORDER AVOIDING LIEN OF
DOUGLAS L. ZOOK
UPON CONSIDERATION of the Movants' Motion to Avoid Judicial Lien of)~ugl~
L. Zook; and - - ~ .--a
j
IT APPEARING to the undersigned that this court has jurisdiction over the p'~xtes anc~ --t; m
over the subject matter of this motion; and `'`= = ~o '~ ~
~ v
.
g P ,.._ ..
IT FURTHER APPEARING to the undersi ned that all arties in interest r efved ~ - ,t
! -,~-, ~'
. c~
notice of this motion, and that no such parties have filed any timely objections or othe~vv tea
appeared in opposition to the said motion and that the time for filing any such objection `"
"~
expired; and cm
IT FURTHER APPEARING to the undersigned that the relief requested by the
debtor(s) in their motion is consistent with the applicable provisions of Title 11 of the United
States Code and that the debtor(s) have established good and sufficient cause to grant said relief;
and flGi! ~'GG l'l!$h~.
IT FURTHER APPEARING to the undersigned that the motion of the debtor(s) to ~ ~~
avoid the lien should be granted;
~l C~ ~ 3 ~~~Cv
IT IS THEREFORE ORDERED that, effective upon discharge of the Debtors' Chapter
7 bankruptcy, the judicial lien in the approximate sum of $5,854.42 as docketed at 09-5562 Civil,
and duly recorded in the records of Cumberland County, Pennsylvania be, and hereby is
CANCELLED; and
IT IS FUTHER ORDERED that the records of Cumberland County be appropriately
amended to so reflect.
t3v the Court,
Ghiei Bankruptcy Jtx~je
Dated: January 29, 2010 t~~'
I his clt~cr~rnc~r~t i.e ~/c>c~lrnnte?a!/t~ si~a~rc~c1 crnef ~teci r>n thc> s~c~n~e ciiaie,
Case 1:09-bk-06824-MDF Doc 20 Filed 01/29/10 Entered 01/29/10 15:15:24 Desc
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