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HomeMy WebLinkAbout09-7395ANTHONY R. BAER, JR., 725 South Main Street, Marysville, PA 17053 AND DONNA L. BAER, 2001 Red Bank Road, Lot 522, Dover, PA 17315, Plaintiffs V. HENRY L. LENKER, 1245 East Lisburn Road, Mechanicsburg, PA 17055, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. ( - 7345 Cif i l Fam ACTION IN EQUITY AND IN LAW Defendant JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mds adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despuos de la notificaci6n 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 acci6n 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 reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds 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 COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Dated: 101 P1 O I SHUMAKER WILLIAMS, P.C. B *Rnn Siney, I. #2 9190 Pappas, I.D. #200103 P.O. Box 88 Harrisburg, PA 17108 (717) 909-1655 Attorneys for Plaintiffs ANTHONY R. BAER, JR., 725 South Main Street, Marysville, PA 17053 AND DONNA L. BAER, 2001 Red Bank Road, Lot 522, Dover, PA 17315, Plaintiffs V. HENRY L. LENKER, 1245 East Lisburn Road, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. ©W - 7 39 S=2 : ACTION IN EQUITY AND IN LAW Mechanicsburg, PA 17055, Defendant : JURY TRIAL DEMANDED COMPLAINT AND NOW COME Plaintiffs, Anthony R. Baer, Jr. and Donna L. Baer (the "Baers"), by and through their attorneys, Shumaker Williams, P.C., and respectfully state and aver the following Complaint against Defendant, Henry L. Lenker: PARTIES 1. Plaintiff Anthony R. Baer, Jr. is an adult individual with a current residential address of 725 South Main Street, Marysville, Pennsylvania 17053. 2. Plaintiff Donna L. Baer is an adult individual with a current residential address of 2001 Red Bank Road, Lot 522, Dover, Pennsylvania 17315. 3. Defendant Henry L. Lenker (hereinafter "Lenker") is an adult individual with a last known address of 1245 East Lisburn Road, Mechanicsburg, Pennsylvania 17055. FACTS 4. On or about February 20, 2001, the parties entered into an Installment Sales Agreement (the "Agreement") for the purchase of real estate located at 1243 East Lisburn Road, Mechanicsburg, Pennsylvania 17055 (hereinafter the "Property"). A true and correct copy of the Agreement is attached hereto as Exhibit "A." 5. The Agreement expressly indicates that legal title to the Property is to be conveyed by Lenker to the Baers in fee simple. 6. As evidenced by the Settlement Statement dated February 20, 2001, the Property was sold by Lenker to the Baers. A true and correct copy of the Settlement Statement is attached hereto as Exhibit "B." 7. As defined in the Agreement, the Property consists of a one-story home and the surrounding real property, although the one-story home and surrounding property are part of a single parcel, containing 5.04 acres, on which Lenker also operates a landscaping business. 8. The Baers agreed to pay Lenker the total amount of $112,000.00 for the purchase of the Property. 9. Upon execution of the Agreement, the Baers paid Lenker the sum of $4,000.00, receipt of which was acknowledged by Lenker. 10. The balance of $108,000.00 was to be paid in monthly installments of $1,000.00, plus six percent (6%) interest within fifteen (15) years from the date of the Agreement. 11. Each monthly installment payment was to be applied to the interest and any excess amount was then to be applied to the principal balance. 12. Pursuant to the Agreement, the Baers were responsible for payment of one-half of the real estate taxes attributable to the Property. 13. The Baers paid all monthly installments and otherwise performed all of their obligations required by the Agreement. 2 14. Upon request by Lenker, the Baers paid Lenker for the real estate taxes which Lenker insisted were attributable to the Property. 15. It is believed and therefore averred that Lenker wrongfully required the Baers to pay one-half of the real estate taxes due on the entire 5.04 acre parcel rather than the portion of real estate taxes that were attributable to the Property, as required by the Agreement. 16. The Baers paid Lenker in cash and, occasionally, in the form of services rendered by Mr. Baer, who was employed as Lenker's employee. 17. On or about July 27, 2009 Lenker informed the Baers that they were in default of the Agreement. 18. Lenker asserted that the Baers breached the Agreement by leasing the Property to a third party and failing to remit one-half of the 2009 real estate taxes for the Property. See July 27, 2009 letter attached hereto as Exhibit "C." 19. In an apparent attempt to verify his belief that the Baers had breached the Agreement, Lenker entered the Property several times in late July 2009 without invitation or consent from the Baers. 20. Lenker made harassing statements to the Baers to the effect that they were in breach of the Agreement and were thus required to vacate the Property. 21. Contrary to Lenker's bald assertions in his July 27, 2009 letter, the Baers did not enter into any lease or other contractual arrangement with a third parry, but merely invited an acquaintance to reside in the Property on a temporary and informal basis. 22. The Agreement does not prohibit the Baers from allowing third parties to reside in the Property on a temporary and informal basis. 3 23. Additionally, the Agreement provided the Baers a fifteen (15) day period in which to cure any alleged defaults of the Agreement. 24. Thus, even if the Baers were in breach of the Agreement, Lenker was required to provide written notice of the default and to provide fifteen (15) days in which the Baers could cure any alleged default. 25. The Baers were not provided with any period of time in which to cure the defaults alleged by Lenker. 26. Due to Lenker's erroneous allegations, verbal statements and physical actions, the Baers vacated the Property on or about July 31, 2009. 27. The Baers were unable to remove all personal property from the Property and therefore a portion of the Baers' personal property remains on the Property. 28. Lenker's actions constitute a breach of the Agreement and actual and constructive eviction. 29. Lenker wrongfully required the Baers to vacate the Property and took possession of the Property without complying with the relevant procedures mandated by Pennsylvania law. 30. Since July 31, 2009, Lenker has been in possession of the Property and has refused to grant possession of the Property to the Baers. 31. Despite taking possession of the Property on July 31, 2009, Lenker has not compensated the Baers for their interest in the Property and has refused to return possession of the Property to the Baers. 4 32. The Baers paid Lenker the approximate sum of $104,000.00 under the Agreement in consideration for their interest in the Property, plus an undetermined sum which Lenker claimed was for real estate taxes. 33. The Agreement required Lenker to subdivide the Property from the larger 5.04 acre parcel. 34. Upon information and belief, Lenker has not divided the Property from the 5.04 acre parcel. 35. Recognizing that the Baers possess an interest in the Property, Lenker, by and through his counsel, requested the Baers to sign a Quit Claim Deed which would transfer all of the Baers' interest in the Property to Lenker. 36. The Baers refused to sign the Quit Claim Deed, as requested by Lenker, without full and proper compensation for their interest in the Property. 37. Despite attempts by the Baers to amicably resolve this matter, Lenker remains in full possession and control of the Property without any compensation to the Baers. 38. The Baers now seek full and proper compensation for their interest in the Property, or, alternatively, the return of the Property to their possession and control. 39. Concurrent with the filing of this Complaint, the Baers have filed a Lis Pendens. COUNTI BREACH OF CONTRACT 40. Paragraphs 1 through 39 above are incorporated herein by reference as though fully set forth at length. 5 41. A written contract between the parties exists, whereby Lenker agreed to transfer legal title to the Property to the Baers in exchange for monthly payments of $1,000.00 and one- half of the real estate taxes attributable to the Property. 42. The Baers paid Lenker the approximate sum of $104,000.00 in monthly payments in addition to real estate taxes which Lenker claimed were attributable to the Property. 43. Lenker breached the Agreement by unjustifiably requiring the Baers to vacate the Property. 44. Lenker breached the Agreement by wrongfully entering and taking possession of the Property without justification and without full and proper compensation to the Baers. 45. Lenker breached the Agreement, and continues to be in breach of the Agreement, by refusing to relinquish possession or control of the Property to the Baers. 46. Lenker breached the Agreement by wrongfully taking possession of the Property without providing the Baers with a fifteen (15) day period to cure any alleged default of the Agreement. 47. Lenker breached the Agreement by requiring the Baers to pay more than one-half of the annual real estate taxes attributable to the Property. 48. Lenker breached the Agreement by entering upon the Property without reasonable notice. 49. Lenker breached the Agreement by failing to deliver and record a deed evidencing the transfer of the Property to the Baers. 50. Lenker breached the Agreement by failing to subdivide the Property from the larger 5.04 acre parcel from which it was to be divided. 6 51. As a result of Lenker's breach of the Agreement, the Baers are due damages in the amount of at least $104,000.00. 52. An accounting is necessary to determine the amounts paid by the Baers for real estate taxes which were not properly attributable to the Property and were therefore collected by Lenker in breach of the Agreement. WHEREFORE, Plaintiffs, Anthony R. Baer, Jr. and Donna L. Baer, respectfully request this Court to enter judgment in their favor and against Defendant, Henry L. Lenker as follows: (a) in an amount greater than $104,000.00, or, alternatively, order that Lenker return full possession, custody and control of the Property to the Baers; (b) by awarding punitive damages for Lenker's malicious, wanton, willful, oppressive conduct and reckless indifference to the rights of the Baers; (c) by ordering Lenker to return possession of the Baers' personal property or to compensate the Baers for any personal property damaged or destroyed by Lenker; (d) by declaring that the Baers possess legal title to the Property, in fee simple, and that Lenker must execute a deed evidencing the transfer of legal title, in fee simple, from Lenker to the Baers; and (e) by ordering Lenker to pay all costs associated with the filing of this action, including but not limited to, attorneys' fees, court costs, fines and to award any other relief this Court may deem necessary and appropriate. 7 COUNT II UNJUST ENRICHMENT 53. Paragraphs 1 through 52 above are incorporated herein by reference as though fully set forth at length. 54. The Baers have provided Lenker a benefit by paying Lenker the approximate sum of $104,000.00 pursuant to the Agreement, plus an additional amount for real estate taxes claimed by Lenker. 55. Lenker accepted and retained such benefits and has refused to return possession, custody and control of the Property to the Baers or to fully and properly compensate the Baers for their interest in the Property. 56. Lenker has been unjustly enriched in the amount of $104,000.00 plus the amounts paid by the Baers for real estate taxes claimed by Lenker. 57. An accounting is necessary to determine the amounts paid by the Baers for real estate taxes which were not properly attributable to the Property and were therefore collected by Lenker in breach of the Agreement. WHEREFORE, Plaintiffs, Anthony R. Baer, Jr. and Donna L. Baer, respectfully request this Court to enter judgment in their favor and against Defendant, Henry L. Lenker as follows: (a) in an amount greater than $104,000.00, or, alternatively, order that Lenker return full possession, custody and control of the Property to the Baers; (b) by awarding punitive damages for Lenker's malicious, wanton, willful, oppressive conduct and reckless indifference to the rights of the Baers; 8 (c) by ordering Lenker to return possession of the Baers' personal property or to compensate the Baers for any personal property damaged or destroyed by Lenker; (d) by declaring that the Baers possess legal title to the Property, in fee simple, and that Lenker must execute a deed evidencing the transfer of legal title, in fee simple, from Lenker to the Baers; and (e) by ordering Lenker to pay all costs associated with the filing of this action, including but not limited to, attorneys' fees, court costs, fines and to award any other relief this Court may deem necessary and appropriate. COUNT III TRESPASS 58. Paragraphs 1 through 57 above are incorporated herein by reference as though fully set forth at length. 59. Pursuant to the Agreement, the Baers had the exclusive right to possess the Property and to exclude all others from the Property. 60. The Agreement does not grant Lenker the right to enter the Property without reasonable notice or without invitation or consent of the Baers. 61. Lenker wrongfully and intentionally entered onto the Property (and continues to enter onto the Property) without reasonable notice and without invitation or consent of the Baers. 62. Lenker wrongfully and intentionally interfered with the Baers possession of the Property. 63. Lenker's entry onto the Property has occurred without privilege or justification. 9 64. As a result of Lenker's continuing trespass, the Baers have suffered damages and will continue to suffer damages because they have been deprived the use of the Property. 65. Lenker's conduct was malicious, wanton, willful, oppressive, or exhibited a reckless indifference to the rights of the Baers, thereby justifying an award of punitive damages. WHEREFORE, Plaintiffs, Anthony R. Baer, Jr. and Donna L. Baer, respectfully request this Court to enter judgment in their favor and against Defendant, Henry L. Lenker as follows: (a) in an amount greater than $104,000.00, or, alternatively, order that Lenker return full possession, custody and control of the Property to the Baers; (b) by awarding punitive damages for Lenker's malicious, wanton, willful, oppressive conduct and reckless indifference to the rights of the Baers; (c) by ordering Lenker to return possession of the Baers' personal property or to compensate the Baers for any personal property damaged or destroyed by Lenker; (d) by declaring that the Baers possess legal title to the Property, in fee simple, and that Lenker must execute a deed evidencing the transfer of legal title, in fee simple, from Lenker to the Baers; and (e) by ordering Lenker to pay all costs associated with the filing of this action, including but not limited to, attorneys' fees, court costs, fines and to award any other relief this Court may deem necessary and appropriate. COUNT IV REPLEVIN 66. Paragraphs 1 through 65 above are incorporated herein by reference as though fully set forth at length. 10 67. Personal property owned by the Baers is located on the Property and is therefore in the possession and control of Lenker. 68. Lenker wrongfully and intentionally took possession of the Baers' personal property when he took possession of the Property. 69. Title to and the right of possession of the Baers' personal property is properly vested in the Baers. 70. The Baers have a right to exclusive and immediate possession of their personal property. 71. Lenker has wrongfully taken and continues to detain the Baers' personal property. WHEREFORE, Plaintiffs, Anthony R. Baer, Jr. and Donna L. Baer, respectfully request this Court to enter judgment in their favor and against Defendant, Henry L. Lenker as follows: (a) in an amount greater than $104,000.00, or, alternatively, order that Lenker return full possession, custody and control of the Property to the Baers; (b) by awarding punitive damages for Lenker's malicious, wanton, willful, oppressive conduct and reckless indifference to the rights of the Baers; (c) by ordering Lenker to return possession of the Baers' personal property or to compensate the Baers for any personal property damaged or destroyed by Lenker; (d) by declaring that the Baers possess legal title to the Property, in fee simple, and that Lenker must execute a deed evidencing the transfer of legal title, in fee simple, from Lenker to the Baers; and 11 (e) by ordering Lenker to pay all costs associated with the filing of this action, including but not limited to, attorneys' fees, court costs, fines and to award any other relief this Court may deem necessary and appropriate. COUNT V CONVERSION 72. Paragraphs 1 through 71 above are incorporated herein by reference as though fully set forth at length. 73. Lenker's actions in taking possession of the Baers' personal property are without consent or legal justification. 74. The Baers have not abandoned the Property, but were forced to relinquish control of it by virtue of Lenker's actions. 75. Lenker refuses to relinquish custody and control the Baers' personal property. 76. Lenker's actions are an exercise of dominion and control over the Baers' personal property which amounts to a conversion of personal property owned by the Baers. 77. If the Baers' personal property has been damaged or destroyed while in the custody and control of Lenker, the Property has been further converted by Lenker. 78. Lenker's conduct was malicious, wanton, willful, oppressive, or exhibited a reckless indifference to the rights of the Baers, thereby justifying an award of punitive damages. WHEREFORE, Plaintiffs, Anthony R. Baer, Jr. and Donna L. Baer, respectfully request this Court to enter judgment in their favor and against Defendant, Henry L. Lenker as follows: (a) in an amount greater than $104,000.00, or, alternatively, order that Lenker return full possession, custody and control of the Property to the Baers; 12 (b) by awarding punitive damages for Lenker's malicious, wanton, willful, oppressive conduct and reckless indifference to the rights of the Baers; (c) by ordering Lenker to return possession of the Baers' personal property or to compensate the Baers for any personal property damaged or destroyed by Lenker; (d) by declaring that the Baers possess legal title to the Property, in fee simple, and that Lenker must execute a deed evidencing the transfer of legal title, in fee simple, from Lenker to the Baers; and (e) by ordering Lenker to pay all costs associated with the filing of this action, including but not limited to, attorneys' fees, court costs, fines and to award any other relief this Court may deem necessary and appropriate. COUNT VI BREACH OF THE COVENANT OF QUIET ENJOYMENT 79. Paragraphs 1 through 78 above are incorporated herein by reference as though fully set forth at length. 80. Lenker's conveyance of legal title to the Property, in fee simple, carried with it a covenant of quiet enjoyment. 81. Lenker's interference with the Baers' possessory interest in the Property consititues a breach of the covenant of quiet enjoyment. 82. Lenker's actual and/or constructive eviction is a breach of the covenant of quiet enjoyment. 83. Lenker's breach of the Agreement also constitutes a breach of the covenant of quiet enjoyment. 13 84. Lenker breached the covenant of quiet enjoyment by wrongfully entering the Property and taking possession of the Property. 85. Lenker continues to breach the covenant of quiet enjoyment by refusing to relinquish possession and control of the Property. 86. Lenker's breach of the covenant of quiet enjoyment has cause damage to the Baers in the amount of $104,000.00 plus additional amounts for real estate taxes claimed by Lenker. 87. Lenker's breach of the covenant of quiet enjoyment has caused damage to the Baers by preventing the Baers from using and enjoying the Property consistent with the Agreement and their legal interest in the Property. 88. Lenker's conduct was malicious, wanton, willful, oppressive, or exhibited a reckless indifference to the rights of the Baers, thereby justifying an award of punitive damages. WHEREFORE, Plaintiffs, Anthony R. Baer, Jr. and Donna L. Baer, respectfully request this Court to enter judgment in their favor and against Defendant, Henry L. Lenker as follows: (a) in an amount greater than $104,000.00, or, alternatively, order that Lenker return full possession, custody and control of the Property to the Baers; (b) by awarding punitive damages for Lenker's malicious, wanton, willful, oppressive conduct and reckless indifference to the rights of the Baers; (c) by ordering Lenker to return possession of the Baers' personal property or to compensate the Baers for any personal property damaged or destroyed by Lenker; 14 (d) by declaring that the Baers possess legal title to the Property, in fee simple, and that Lenker must execute a deed evidencing the transfer of legal title, in fee simple, from Lenker to the Baers; and (e) by ordering Lenker to pay all costs associated with the filing of this action, including but not limited to, attorneys' fees, court costs, fines and to award any other relief this Court may deem necessary and appropriate. COUNT VII CONSTRUCTIVE TRUST 89. Paragraphs 1 through 88 above are incorporated herein by reference as though fully set forth at length. 90. By wrongfully entering and taking possession of the Property, Lenker has experienced a benefit to which he is not entitled 91. By failing to provide the Baers with a deed evidencing the conveyance of the Property to the Baers, Lenker has experienced a benefit to which he is not entitled. 92. By requiring the Baers to pay for real estate taxes which were not properly attributable to the Property, Lenker has experienced a benefit to which he is not entitled. 93. A constructive trust is necessary in order to prevent Lenker from being unjustly enriched. 94. The Baers seek a judgment from this Court declaring that Lenker must hold the Property in constructive trust for the Baers until such time as the respective rights and obligations of the parties have been ruled on by this Court or otherwise mutually agreed upon between the parties. 15 95. The Baers seek a judgment from this Court declaring that Lenker must hold any sums ostensibly collected by Lenker for real estate taxes which were not properly attributable to the Property in constructive trust for the Baers until such time as the respective rights and obligations of the parties have been ruled on by this Court or otherwise mutually agreed upon between the parties. WHEREFORE, Plaintiffs, Anthony R. Baer, Jr. and Donna L. Baer, respectfully request this Court to enter judgment in their favor and against Defendant, Henry L. Lenker as follows: (a) in an amount greater than $104,000.00, or, alternatively, order that Lenker return full possession, custody and control of the Property to the Baers; (b) by awarding punitive damages for Lenker's malicious, wanton, willful, oppressive conduct and reckless indifference to the rights of the Baers; (c) by ordering Lenker to return possession of the Baers' personal property or to compensate the Baers for any personal property damaged or destroyed by Lenker; (d) by declaring that the Baers possess legal title to the Property, in fee simple, and that Lenker must execute a deed evidencing the transfer of legal title, in fee simple, from Lenker to the Baers; and (e) by ordering Lenker to pay all costs associated with the filing of this action, including but not limited to, attorneys' fees, court costs, fines and to award any other relief this Court may deem necessary and appropriate. 16 COUNT VIII DECLARATORY JUDGMENT 96. Paragraphs 1 through 95 above are incorporated herein by reference as though fully set forth at length. 97. The Agreement evidences the parties' intent to transfer legal title to the Property, in fee simple, from Lenker to the Baers. 98. Lenker, in breach of the Agreement, has entered and wrongfully taken possession of the Property despite the fact that he intended to transfer legal title to the Property, in fee simple, to the Baers. 99. Lenker, in breach of the Agreement, failed to record or provide the Baers with a deed evidencing the transfer of legal title to the Property, in fee simple, to the Baers. 100. Lenker failed to divide the Property from the larger 5.04 acre parcel which is or was owned by him. 101. The Baers have a direct, substantial and present interest in determining that they possess legal title to the Property, in fee simple, pursuant to the Agreement. 102. This direct, substantial and present interest creates an imminent and inevitable prospect of litigation concerning the respective rights and interests of the Baers and Lenker, creating an "actual controversy" which cannot be resolved without a declaration by this Court concerning the respective rights and interests of the parties in the Property. 103. The Baers therefore seek a declaratory judgment by this Court that they hold legal title to the Property, in fee simple, and that Lenker must perform his obligations required by the Agreement to execute a deed evidencing the Baers' legal title. 17 WHEREFORE, Plaintiffs, Anthony R. Baer, Jr. and Donna L. Baer, respectfully request this Court to enter judgment in their favor and against Defendant, Henry L. Lenker as follows: (a) in an amount greater than $104,000.00, or, alternatively, order that Lenker return full possession, custody and control of the Property to the Baers; (b) by awarding punitive damages for Lenker's malicious, wanton, willful, oppressive conduct and reckless indifference to the rights of the Baers; (c) by ordering Lenker to return possession of the Baers' personal property or to compensate the Baers for any personal property damaged or destroyed by Lenker; (d) by declaring that the Baers possess legal title to the Property, in fee simple, and that Lenker must execute a deed evidencing the transfer of legal title, in fee simple, from Lenker to the Baers; and (e) by ordering Lenker to pay all costs associated with the filing of this action, including but not limited to, attorneys' fees, court costs, fines and to award any other relief this Court may deem necessary and appropriate. Respectfully Submitted, Dated: October 11, 2009 :225429 SHUMAKER WILLIAMS, P.C. By Ry P. Siney, LD. # 90 E n C. Pappas, I.D. #200103 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiffs 18 INSTALLMENT SALES AGREEMENT THIS AGREEMENT, made and entered into this 3? day of 2001, by and between: HENRY L. LENKER, of 1245 East Lisburn Road, Mechanicsburg, Pennsylvania 17055, Parties of the First Part, hereinafter called the "Seller", AND ANTHONY R. BAER, JR., and DONNA L. BAER, husband and wife, of 1300 York Haven Road, Lot 92, York Haven, Pennsylvania 17370, Par- ties of the Second Part, hereinafter called the "Purchaser". IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER CONTAINED, IT IS AGREED BY AND BETWEEN SELLER AND PURCHASER AS FOLLOWS: 1. PREMISES. The Seller agrees to sell to the Purchaser, and the Purchaser agrees to purchase and accept the conveyance of all that certain piece or parcel of real estate, having erected thereon a one-story dwelling house being known and numbered as 1243 East Lisburn Road, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania. A copy of the legal description is attached hereto, marked Exhibit "A" and incorporated herein. 2. CONSIDERATION. The Purchaser agrees to pay to Seller, as the full consideration or price of the said premises, the sum of $112,000.00 payable as follows: A. $4,000.00 upon the execution of this Agreement, receipt whereof is hereby acknowledged; B. The balance of $108,000.00 shall be due and payable within fifteen (15) years from the date of this Agreement. Commencing on the day of , 2001, and thereafter on the same day of each and every month, Purchaser shall make monthly payments on the unpaid balance, together with interest at the rate of 6% per annum in the amount of $1,000.00 per month. The parties hereto expressly agree on a monthly payment in the amount of $1,000.00, notwithstanding the above-mentioned balance and per annum interest rate. All payments shall be applied to interest with the excess applied to principal. In addition, the parties "EXHIBIT A" hereto agree to be bound by the amortization schedule that has been formulated, marked Exhibit "B" and attached hereto. 3. PREPAYMENT. Purchaser 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 on 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 Purchaser said premises at fee simple by special warranty deed. 4. PAYMENT. The above-stated payments shall be paid to the Seller at 1245 East Lisburn Road, Mechanicsburg, Pennsylvania 17055, or any other address provided to Purchaser by Seller. Notwithstanding the other provisions of this Installment Sales Agreement, Purchaser agrees to pay to Seller a late charge of five percent (5%) of any payment or installment required hereunder which is not paid by the end of ten (10) calendar days after the date it is due. 5. POSSESSION AND OCCUPANCY. Purchaser 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. Seller warrants that there are no leases applicable to these premises. Seller will not enter into any new leases without the express written consent of Purchaser. 6. APPORTIONMENT OF REAL ESTATE TAXES. RENTS AND EXPENSES. All local real estate taxes shall be apportioned on a fiscal year basis to the date of execution of this Agreement. All rents, water rents, sewer rents, refuse charges and municipal assess- ments will be apportioned, pro-rata, as of the date of execution of this Agreement. Thereafter, Purchaser will pay all annual real estate taxes. 7. LOCAL REAL ESTATE TAXES. FUTURE WATER. SEWER AND ALL MUNICIPAL ASSESSMENTS AND CLAIMS. All local real estate taxes, future water, sewer and all municipal assessments and claims accruing from the date of execution of this Agreement shall be paid by Purchaser when and as same shall become due and payable. Purchaser shall promptly provide Seller with copies of all receipts evidencing payment of these items. Failure of Purchaser 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 6% accommodation charge, to the payments otherwise required by this Agreement. Failure by the Purchaser to submit such real estate taxes, water, sewer and all municipal assessments and claims or charges to the proper authority for payment, or to the Seller 2 herein, within the due date stated on the appropriate billing (which due date shall mean the payment due during the discount or face period) shall constitute a default on the part of the Purchaser under this Agreement. Purchaser further agrees to provide Seller, on a timely basis, with receipts indicating prompt payment of all local real estate taxes, future water, sewer and other municipal assessments and claims. 8. REALTY TRANSFER TAXES. Seller shall pay all state realty transfer taxes calculated on the agreed consideration at the rate applicable on the date of this Agreement; Purchaser shall pay any local transfer tax, any documentary tax, and any increases in the rate of the state tax from that existing at the date of this Agreement. 9.• CASUALTY INSURANCE. Seller agrees, at its own expense, to insure the premises against fire by policy or policies of insurance in an amount deemed appropriate by Seller. 10. LEGAL TITLE. The premises are 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 titled 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, Purchaser shall have the option of taking such title as Seller can give, without abatement of price, or of being repaid all monies paid by Purchaser to Seller on account of the purchase price, together with such reasonable costs of searching title as Purchaser 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. Purchaser shall be entitled to recover the aforesaid costs of title search only if Purchaser obtained an attorney's opinion of condition of title and notified Seller of any objections within thirty (30) days after date hereof. 11. INSPECTION. Seller has the right to inspect the premises at all reasonable times of the day and upon reasonable notice. 12. MAINTENANCE AND REPAIRS. Purchaser agrees that Purchaser, at Purchaser's own expense, will maintain the premises 3 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 necessary or are mandated by federal, state, county or municipal law, ordinance or code in effect now or may become effective In the future. Fail- ure by Purchaser to make any such repairs upon timely notice shall constitute a breach of this Agreement. 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 withheld unreasonably. Purchaser agrees that Seller or Seller's agents 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 Purchaser has complied with the terms hereof. In the event of Purchaser'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 Purchaser and Purchaser will not be entitled to any reimbursement therefor, nevertheless, if such improvements, alterations or additions were made without the written prior approval of Seller, Purchaser 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, Purchaser 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 Purchaser 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, Purchaser shall indemnify Seller from the imposition of mechanics' claims, mechanics' liens and encum- brances of any nature which might affect Seller's interest in the subject premises, except as otherwise may be agreed in writing. 15. ASSIGNMENT, SALE OR LEASE. This Agreement may not be assigned by Purchaser without the prior written approval of Seller, nor may the premises be sold by Purchaser by means of an Installment Sales Agreement or comparable document without the prior written approval of Seller, which will not be unreasonably withheld; provided that nothing contained in this Paragraph shall be construed as a prohibition against the sale of the premises by Purchaser to a third party whereby Seller receives the full consideration stated hereinabove. In the event of such an "out- right" sale, Seller agrees to execute (at no additional cost to Seller) all documents reasonably required to effect such a sale and conveyance. 4 In the event of such conveyance or sale, Seller and Pur- chaser, herein, agree to divide the cost of the Seller's convey- ance stamps, but, in no event, shall the obligation of Seller herein for such conveyance stamps be greater than Seller's obli- gation for conveyance stamps as hereinabove provided. Purchaser further agrees not to lease or sublet the within described premises, or any portion thereof, without the prior written approval of Seller, which approval will not be unreason- ably withheld. 16. WARRANTY AS TO USE OR OCCUPANCY. Seller warrants that present use of the premises are 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 sub- ject premises insofar as federal, state or local laws are con- cerned relative to zoning, building or other laws, ordinances or codes. In the event that Purchaser wishes to obtain approval of a change or use of occupancy, Seller agrees to cooperate to any reasonable degree in such application or request, providing all costs associated therewith shall be borne by Purchaser. Purchaser is purchasing the property in an "as is" condition. Seller has not received any notice of violation of any govern- mental regulations. 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 Purchaser to Seller, the payment of damages for the "taking" shall be divided between the Purchaser and the Seller "as their respective interests then may appear". 18. DEFAULT. Any failure of the Purchaser 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 perform- ance 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. In the case of default by Purchaser, Seller shall retain any and all monies received under the provisions of this Agreement (whether on account of purchase money or otherwise) as compensation for Purchaser's use and occupancy of said premises and as liquidated damages for breach of this Agreement. All of the above effective only after written notice is provided to Purchaser with fifteen (15) days to cure. 19. PERSONAL PROPERTY. The purchase of the within de- scribed premises includes any and all furnishings and furniture remaining as of the date of settlement. 5 20. PLACEMENT OF LIENS AND RIGHT OF PURCHASER TO PAY LIENS. A. 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 execution of this Agreement shall be given by the Seller to the Purchaser within thirty (30) days of the recording thereof in the County Courthouse. B. 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 Purchaser shall have the -right to make the delinquent payments and to receive credit for the full amount of said payments made by the Purchaser and to deduct the amount thereof from the required monthly payments under this Agreement. Prior to exercising the rights stated in this Paragraph, Purchaser shall give Seller three (3) days notice by certified mail of his intent to do so, but this provision shall not limit Purchaser's right to make the delinquent payments and to claim credit therefor. 21. OPTION TO PURCHASE. Provided that Purchaser is not in default and this Installment Sales Agreement remains in full force and effect, Purchaser shall have the right and privilege to purchase, in addition to the premises described in Exhibit "A" which is attached hereto, all that certain piece or parcel of real estate, having erected thereon a one-story building and other outbuildings, said real estate comprising the remaining portion of Lot No. 29B on the Preliminary/Final Subdivision Plan for H & N Landscaping, said Plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 81, Page 104. The purchase price for said additional real estate to be purchased shall be determined by a bona fide real estate appraiser to be obtained by both Seller and Purchaser. Seller and Purchaser agree to enter into an agreement for the sale and purchase of said additional real estate comprising the remaining portion of Lot No. 29B on the Preliminary/Final Subdivision Plan for H & N Landscaping, by terms and conditions which are to be mutually agreed upon by and between them. 22. INSPECTION/WARRANTY. It is understood that Purchaser has inspected the above-referred to property and is not relying upon any representations made by Seller or by Seller's agent(s). Seller agrees to sell and Purchaser agrees to purchase the above- described property "as is", there being no warranties, either expressed or implied, as to the condition of the property. Furthermore, Purchaser expressly represents that Purchaser has had ample opportunity to inspect the above-referred to property and to investigate and have answered by third parties any ques- tions Purchaser has regarding the property and the present 6 condition of same and that Purchaser has not, in entering into this Installment Sales Agreement, accepted or relied upon any statements or representations made to Purchaser by Seller. This provision shall survive settlement under this Installment Sales Agreement, both the presently contemplated settlement and the final settlement hereunder. 23. BROKERS AND AGENTS. Seller and Purchaser both repre- sent that they have dealt with no real estate brokers or agents in connection with this sale and that no brokers or real estate agent's commission is due any person on account of this sale. Each party shall indemnify and hold harmless the other party from the claim or demand of any broker or agent for any commission which any such broker or agent may claim to be due him or her as a result of this sale. 24. RECORDING. The parties hereto agree that this Install- ment Sales Agreement shall not be filed of record in any public office. It is agreed, however, that a mutually acceptable Memorandum of this Installment Sales Agreement may be filed of record in any public office. 25. 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. 26. ENTIRE AGREEMENT. This document contains the entire Agreement between Purchaser and Seller; there are no representa- tions, warranties, covenants, terms or conditions, except as specifically set forth herein. 27. TIME OF THE ESSENCE. Time shall be of the essence of this Agreement and all of its conditions or modifications. 28. BINDING AGREEMENT. This Agreement shall extend to and be legally binding upon the parties, the respective heirs, executors, administrators and assigns. 29. 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. 30. MODIFICATION. No modifications of this Agreement shall be binding unless same shall be in writing and duly approved by Seller and Purchaser. 7 31. DESCRIPTIVE 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. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS: (SEAL) HENRY L. LENKER (SEAL) NY R. BAER, JR. (SEAL) _('_qjj1t.4 0&%04,1 _t W_ U O BAER I do hereby certify that the precise residence and complete post office address of the within named Purchaser is , 2001 Attorney for 8 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF Cµ ?^ b t?L+C . On this, the oZ 0-6?' day of ?t4qµ" , 2001, before me, the undersigned officer, personally appeared HENRY L. LENKER, 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. 4-- CLC . No ry Public My Commission Expires: Notarial Seri Joan E. Brothers, No" Prbtic SMmmanstown Boro, Cumberland County My Corrutrasabn Expires Feb. 12, 2002 Member, Perrneyhgtraa A"Ofttjo pt Nit rjj* COMMONWEALTH OF PENNSYLVANIA COUNTY OF If SS. On this, the a0-&r day of 2001, before me, the undersigned officer, personallyred ANTHONY R. BAER, JR. and DONNA L. BAER, 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. Qom-- IL . a- No ry Public My Commission Expires: Notarial Seal Jo:E. rottrors, Notary Pubtic ShiremeoroCumberland County My Cbn Expires Feb. 12, 2002 9 Exhibit "A" ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded. and described as -` follows: BEGINNING at a point in the center line of Lisburn Road known as Pennsylvania Route 114 and Legislative Route 416, at the dividing line between Lots Nos. l and 2 as shown on the Final Subdivision Plan for Mary P. Oberman; thence along the dividing line between Lots No. 1 and 2-as shown on said Plan, North 22 degrees 05 minutes East 200.00 feet to a point; thence along other lands now or formerly of Mary P. Oberman South 67 degrees 55 minutes East 150.00 feet to a point; thence continuing along other lands now or formerly of Mary P. Oberman, South 22 degrees 05 minutes West 200.00 feet to a point in the center line of Lisburn Road; thence along the center line of Lisburn Road North 67 degrees 55 minutes West 150.00 feet to a point, the place of BEGINNING. CONTAINING 30,000 square feet, including 4,500 square feet of dedicated right-of-way. BEING Lot No. 1 as shown on the Final Subdivision Plan for Mary P. Oberman drawn according to a survey of D.P. Raffensperger Associates, said Plan being dated June 8, 1973, and recorded in Cumberland County Plan Book 25, Page 68. HAVING ERECTED thereon a dwelling house being known and numbered as 1243 East Lisburn Road, Mechanicsburg, Pennsylvania. BEING the same premises which Henry L. Lenker and Nola M. Lenker, husband and wife, by deed dated March 6, 1991, and recorded March 12, 1991 in the Cumberland County Recorder of Deeds Office in Deed Book "Z", Volume 34, Page 920, granted and conveyed unto Henry L. Lenker. SAID TRACT also being depicted as a part of Lot No. 29B on the Preliminary/ Final Subdivision Plan for H & N Landscaping, said Plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 81, Page 104. Said parcel is depicted thereon as having a deed book reference of Deed Book "Z", Volume 34, Page 924. UNDER AND SUBJECT to the dedicated right-of-way line of Lisburn Road, which is located 30 feet North and parallel to the existing center line of said road. UNDER AND SUBJECT to a 35 feet building setback line in front measured from the dedicated right-of-way line of Lisburn Road. Exhibit "B" Amortization Schedule After down payment: 2nd year. 3rd year. 4th year: 5th year. 6th year 7th year. 8th year. 9th vest: 10th year: 11 th year: 12th year: 13 th verr: 1 it vear: S 108,000.00 end of 1 st year terest M?cipal B= $6,480.00 $5,520.00 S 102,480.00 56,148.80 $5,851.20 $96,628.80 $5,797.73 56,202?7 590,426.53 $5,425.59 56,574.41 583,852.12 55,031.13 56,968.87 S76,88325 $4,613.00 57,387.00 569,496.25 54,169.78 57,830.22 561,666.03 53,699.96 S3-300.74 553,365.2 9 53,2) 01.92 58,798.08 S ' -,567? 1 S-1.67-4.03 59,325.97 535 ') I 2 1 52,104.41.7 59,835.53 525,355.71 51,521.3- •SI0,473.66 S -'.8 77.0 5 S 892.67 511,107.38 3 3,769.67 i A'.b- _ LEMENT STATEMENT U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ONB NO. 2502-0265 r b, TYPE OF LOAN 7.:] FHA 2: C.] FmHA 3. [ ] Conv. Unis. 4. ; ] VA 5. [ ] Corn. Ins. 6. FILE NUMBER CAD01033 7. LOAN NUMBER 8. MORTGAGE INS CASE NUMBER [ C f10TE:This form is furnished to give you a statement of actual settlement costs. Amounts paid to snd by the settlement agent are shown. Items marked "[POC]" were paid outside the cuing; they are shown here for informational purposes and are nat included in the totals. 5.1 06-99 (4/CAD01033.1RID./CAD01033) O-.'NAiIE AND ADDRESS OF BORROWER ANTHONY R. BAER, JR. and DONNA L. BAER 1300 YORK HAVEN ROAD YORK HAVEN, PA 17370 E. NAME AND ADDRESS OF SELLER HENRY L. LENDER 1245 EAST LISBURN ROAD MECHANICSBURG, PA 17055 F. MAKE AND ADDRESS OF LENDER G. PROPERTY LOCATION 1243 EAST LISBURN ROAD MECHANICSBURG, PA 17055 H. SETTLEMENT AGENT 25-1638737 CRAIG A. DIEHL 1. SETTLEMENT DATE 2001 Februar 20 CUMBERLAND County, PA PLACE OF SETTLEMENT 3464 TRINDLE RD CAMP HILL, PA. 17011 y , J. SUMMARY OF BORROWER'S TRANSACTION K. SU0%RY.OF SELLER'S TRANSACTION 100, GROSS AMOUNT DUE FROM BORROWER 400, GROSS AMOUNT DUlE 101, Contract Sates Price 112,000.00 401, Contract SaLee Price 112,000.00 103, Settlement Charges to Borrower linel400 264.00 403, 104, 404. 105, 405, Adiustments for items paid by SeLLer i dvance Adi tments for items Raid by SeLL r in a ance - 106, Borouph Taxes. to 406, Borcuah Taxm to County Taxes - to 107 407, County Tax" to . 105, Schoot Taxes 02-20-01 to 07-01-01 561.78 408, SchooL Tm= 02-20-01 to 07-01-01 561.78 109, 409. 110, Ill. 411, 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER 112,825.78 420. GROSS AMOUNT DIN: TO SELLER 112,561.78 200, AMOUNTS PAID BY OR IN BEHALF OF BORROWER 500. REDUCTIONS IN AMOUNT DUE TO SELLER 201, Depalt or earnest money 4,000.00 501, Excess DgWit (see instructional 202, PrincipaL Amount of New Loan(s) 502, SettLement Charms to Setter Linel4OO, 4.00 Existing Loan( ) Taken Subiect to 203 503, Existing Lows Tako Subiect to , 204, 504. Payoff of first mortonas Loan 205- 505. Payoff of see mortaaaa Loan 206 506, , 208 SeLter Financing 108,000.0 Financing 1 108,000.00 , 209 509, , Adiustments for items U=id by Setter Adlustments for items U=id by Setter to Borough Taxes 210 510, Borouch Tax" -to - , County Taxes 01-01-01 to 02-20-01 211 43.16 511, County Taxes 01-01-01 to 02-20-01 43.16 , School Taxes to 212 512, School. Taxes to , 213 513, , 214 514, , 215 515. , 216 516, . 217 517, , 218 SIR- , 219. 519... 220. TOTAL PAID BY/FOR BORROWER 112,043.16 520. TOTAL REDUCTION AMOUNT DUE SELLER 108,047.16 300. CASH AT SETTLEMENT FROM/TO BORROWER 600. CASK AT SETTLEMENT TO/FROM SELLER 301. Gross Amt Due from Borrower (line 120) ` 11'2. 601. Gross Amount Due to Seller (line 420) 112,561.78 302. Less Amt Paid.by/.for Borrower. (Line 220) ( 112) g 602. Less. ::Reductions Duo Seller Cline 520) ( 108,047.16: 303. SH [X] FROM [ ] TO BORROWER' a c k led ctvw leted f 60 :CASH' CX) TO 1 FROM S EL. pages M2 of s s t & tech is re 4,514.62 ferred to hereii g The undersigned hereby ac now BORROWER BAER JR. "EXHfBIT "B" SELLER HENRY L. LENKER A# 7,108' 90.30 0061 a10y &-?09 July 27, 2008 Mr. & Mrs. Tony Baer 1243 East Lisburn Road Mechanicsburg, PA 17055 Donna, This letter is to inform you that it has come to my attention that you have a sublet/lease to a man for $500.00 a month for six (6) months with a security deposit of $250.00. I have three (3) witnesses whom you informed of this fact on July 22, 2009. By doing so, you have defaulted on your sales agreement signed by both you and Tony on February 20, 2001. Page five (5) of this agreement, a copy of which is enclosed, clearly states that the purchaser agrees not to lease, or sublet the premises, or any portion thereof, without the prior written approval of the Seller. I have not approved a lease/sublet and would not agree to any such lease/sublet. Also, your taxes were not paid in the spring. This is also a default to the agreement. Please see highlighted area on page three (3). Please read item eighteen (18) on page five (5) under DEFAULT. This will explain to you the proceeding that will be followed after the defaults that you have committed against this agreement. Respectfully, Henry L. Lenker CC: James Bogar, Esquire Enclosures "EXHIBIT nCn In the event of such conveyance or sale, Seller and Pur- chaser, herein, agree o° divide the obligationlof,SelleYconvey- no ance stamps, but, in herein for such conveyance stamps beinabover than Seller's obli- gation for conveyance stamps a provided. Purchaser further agrees not to lease or sublet the within described premises, or any portion thereof, without the prio27 written approval of Seller, which approval will not be unreal-on- ably withheld. 16. WARRANTY AS TO USE OR OCCUPANCY. Seller warrants haste present use of the premises are in building confoity and local laws relative to zoning, re rlaws tion ordinances or codes. Seller makes no warranty or rep as to the conformity of any future use or occupancy of the sub-are con- ject premises insofar as federal, steotherolawslaordinances or cerned relative to zoning, building or roves of codas. In the event that Purchaser wishes agrees to cooperate to any a change or use of occupancy, seller reasonable degree in such application or request,.providing all costs associated therewithe shall be borne Purchaser. condition. Purchaser is purchasing property in tioSeller has not received any notice of violation of any govern- mental regulations. 17. CONDEMNATION. In the event of condemnation of he subject premises or any portion thereof by any governmental agency, public authority or utility prior to the payment of all of the within obligations from Purchaser to Seller, the paymerrt damages for the "taking" shall be divided between the Purchaser and the Seller "as their respective interests then may appear". 18. DEFAU Any failure of the Purchaser to make payment of any monies required by this Agreementwithin ten (10) perform- after the due date for such paymen, or ance of any act forbidden by this Agreement, or he fatuteea to perform any act required by this Agreement, may default, at the option of Seller. In the case of default by purchaser, Seller shall retain anyand lmonies accountcofvpuz- hale the provisions of this Agreement (whether on money or otherwise) as compensation for Purchaser's use and occupancy of said premises and as liquidated damages for breach of this Agreement. All of the above effective only after written notice is provided to'Purchaser with fifteen (15) days to cure. 19. PERSONAL PROPERTY. The purchase of the within de- scribed premises includes fnseand all furnishings and furniture of remaining as of the date 5 O?' 2 a 3fJ PJOo/ /O Y ? a o? In the event of such conveyance or sale, Seller and Pur- chaser, herein, agree to divide the cost of the Seller's convey- ance stamps, but, in no event, shall the obligation of Seller herein for such conveyance stamps be greater.than Seller's obli- gation for conveyance stamps as hereinabove provided. Purchaser further agrees not to lease or sublet the within described premises., or any portion thereof, without the priaor written approval of Seller, which approval will not be unreason- ably withheld. 16. WARRANTY AS TO USE OR OCCUPANCY. Seller warrants that present use of the premises are 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 sub- ject premises insofar as federal, state or local laws are con- cerned relative to zoning, building or other laws, ordinances or codes. In the event that Purchaser wishes to obtain approval of a change or use of occupancy, Seller agrees to cooperate to any reasonable degree in such application or request, providing all costs associated therewith shall be borne by Purchaser. Purchaser is purchasing the property in an "as is" condition. Seller has not received any notice of violation of any govern- mental regulations. 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 Purchaser to Seller, the payment of damages for the "taking" shall be divided between the Purchaser and the Seller "as their respective interests then may appear". 18. D F U Any failure of the Purchaser 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 perform- ance 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. In the case of default by Purchaser, Seller shall retain any and all monies received under the provisions of this Agreement (whether on account of purchase money or otherwise) as compensation for Purchaser's use and occupancy of said premises and as liquidated damages for breach of this Agreement. All of the above effective only after written notice is provided to Purchaser with fifteen (15) days to cure. 19. PERSONAL PROPERTY. The purchase of the within de- scribed premises includes any and all furnishings and furniture remaining as of the date of settlement. 5 # 7,4& 3oa ooo% 'a/el (ao9 herein, within the due date stated on the appropriate billing (which due date shall mean the payment due during the discount or face period) shall-?stitute a default on the part of the q Purchaser under this Agreement. Purchaser further agrees to provide Seller, on a timely basis, with receipts indicating prompt payment of all local real estate taxes, future water, sewer and other municipal TY TRANSFER TAXES- Seller shall pay all state 8. RFAL realty transfer taxes calculated date ofnththe is greement;spideration urchaser a the rate applicable on the documentary tax. and any shall pay any local transfer tax, any at the increases in the rate of the state tax from that existing date of this Agreement. 9. cASUA TY INSURANC'• Seller agrees , at its own expense, to insure the premises against fire by policy or policies of insurance in an amount deemed appropriate by Seller. 10. T•FGAL TITLE. The premises are being conveyed free and the clear of all liens, encumbrances and easements, exceptineasements ordinances following: existing building restricnervice companies, if of roads, privileges or rights of public s any, agreements or like matters of record, easemtheenttitle or to restrictions visible upon the ground. such ood and marketable, at such as the described real estate shall be g cotitled nveyedinsurance a will be insured by alicensed simpleadeed withlar rates. Legal title shall special warranty. In the event Seller isnbbla i°cegive nsedatigood and tle insurancetable title such as will be insured y company- subject to the aforesaid, Purchaser shall have the option of taking such title as Seller can give, without abate entSeller paid by aser price, or of being urchaseapricel,ltogether with such reasonable on account of the P costs of searching title as may have latter event, there shall as to either party concerning this Agreement which thereafter e entitled to recove shall be null and voof'titlecsearchsonly if Purchaser obtainedran the aforesaid costs attorney's opinion of condition of title and notified Seller of any objections within thirty (30) days after date hereof. 11. INSPECTION. Seller has the right to inspect the premises at all reasonable times of the day and upon reasonable notice. 12. MAINTENANCE AND REPS R Purchaser agrees that at Purchaser's own expense, will maintain the premises Purchaser, 3 Cog a' a"m G>.0 _ 1;411J .4yj1 41 ? - ? al co D 1 Q +v? V i i s ? I _ r1 > 9 ? i ? ? c o s _ J Y v1A`, M . YOHN, SR.,TREASURER i3 HICKORY LANE i &,riANICSBURG, PA 17055 DES011PTION AS?ii-FSS.NO - 42000282 INAI' NO: 42-11-0272.099' 1243 E LISBURN ROAD ACRES 5.040 DEED 00227 / 00418 -? 1-07 29B PB 81 PG 104 Residential W/ Comm Funct RESIDENTIAL/COMMERCIAL TAX PAYER LENKER, HENRY L 1245 EAST LISBURN ROAD MECHANICSBURG PA 170556934 Rates 14.290001 14.290001 14.29000 TAX AMOUNT DUE --> I $6, I $556464 $kM1.19 =t laid On or At tes 7/01/20091 910112009 11/.01/2009 OFFM MN.L BE CLMW FROM FEBRUARY 5 THROUM 16, 2010 OFROE HOURS WED-rRMS 10AM-2PM WED 6?9PM + BY APPOIWI MENT- 866 HOLIDAYS OFFICE AT 100 GETTYSBURG PDT- U.A. TWP BLDG. - PHONE 765-4238 Rattan RwnkW spy vriftt Payment -? -l-l $ For a Rat, Enclose a SeN SHOW ADDRESS CHANGES BELOW Tax Collector Signature Date Paid Amount Paid Add maned Stunped Envelope. NAME ADDRESS C/S/Z PAYASLETO MARLI A. YOHN. SR.,TREASURER e HICKORY LANE MECHANICSBURG. PA 17055 DESORPTION AS ESSMO - 42000282 T- ... - - - - - - TAX PAYER &PY Rates 14.290001 14.290001 14.29000 MAP NO: 42-11-0272-M 1243 E LISBURN ROAD ACRES 5.040 DEED 00227 / 00416 LOT 29B PB 81 PG 104 Residential W/ Comm Fund RESIDENTIAL/COMMERCIAL TAX PAYER I Ems. HENRY L 1245 EAST LISBURN ROAD MECHANK993URG PA 17056.6934 TAX AMOUW DUE -? xg Paid on or ter Boom 3475 Control No- 042 - 000282 ikoiiia 4 I > 5MI.10 OFFICEINKLMECII FEBRUARY 5 A2200" 0174 -7 7-e" e Oe4e OFFCE HOURS WM-. n4URS, 10AM-2PM,WED 6-9PM F-a6-c)y + BY APPOINTM9VT-CL08® HOLIDA OFFICE AT 100 GETTYSBURG PKE UA. TWP BLDG. - PHONE 766-4238 MT" TAX PAYERS COPY FOR YOUR RECORDS Y -7 0 7. el '060 9" 4o, vs e VERIFICATION The undersigned, Donna Baer, hereby verifies and states that: 1. She is one of the Plaintiffs in the within action; 2. The facts set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief; and She is aware that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated: d 1'9o-1,I'-q L::z /- / - Donna Baer OS RLEa-t;?:Fil"E OF THE M1,77"ONOTPAY 1009 OCT 27 PH 2: 30 CUM '-- o u Ty 'E,PA YLVAN, $78. SC Po ATrj 0-0 , 39 2Y# 23a(o47 ANTHONY R. BAER, JR., 725 South Main Street, Marysville, PA 17053 AND DONNA L. BAER, 2001 Red Bank Road, Lot 522, Dover, PA 17315, Plaintiffs V. HENRY L. LENKER, 1245 East Lisburn Road, Mechanicsburg, PA 17055, TO THE PROTHONOTARY: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. Oq - 7385 etv I l arm : ACTION IN EQUITY AND IN LAW JURY TRIAL DEMANDED PRAECIPE FOR LIS PENDENS Please index the above-captioned action to impress a constructive trust as a lis pendens against the following real property. ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of Lisburn Road known as Pennsylvania Route 114 and Legislative Route 416, at the dividing line between Lots Nos. 1 and 2 as shown on the Final Subdivision Plan for Mary P. Oberman; thence along the dividing line between Lots No. 1 and 2 as shown on said Plan, North 22 degrees 05 minutes East 200.00 feet to a point; thence along other lands now or formerly of Mary P. Oberman South 67 degrees 55 minutes East 150.00 feet to a point; thence continuing along other lands now or formerly of Mary P. Oberman, South 22 degrees 05 minutes West 200.00 feet to a point in the center line of Lisburn Road; thence along the center line of Lisburn Road North 67 degrees 55 minutes West 150.00 feet to a point, the place of BEGINNING. CONTAINING 30,000 square feet, including 4,500 square feet of dedicated right-of-way. BEING Lot No. 1 as shown on the Final Subdivision Plan for Mary P. Oberman drawn according to a survey of D.P. Raffensperger Associates, said Plan being dated June 8, 1973, and recorded in Cumberland County Plan Book 25, Page 68. HAVINING ERECTED thereon a dwelling house being known and numbered as 1243 East Lisburn Road, Mechanicsburg, Pennsylvania. BEING the same premises which Henry L. Lenker and Nola M. Lenker, husband and wife, by deed dated March 6, 1991, and recorded March 12, 1991 in the Cumberland County Recorder of Deeds Office in Deed Book "Z", Volume 34, Page 920, granted and conveyed unto Henry L. Lenker. SAID TRACT also being depicted as part of Lot No. 29B on the Preliminary/Final Subdivision Plan for H & N Landscaping, said Plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 81, Page 104. Said parcel is depicted thereon as having a deed book reference of Deed Book "Z", Volume 34, Page 924. UNDER AND SUBJECT to the dedicated right-of-way line of Lisburn Road, which is located 30 feet North and parallel to the existing center line of said road. UNDER AND SUBJECT to a 35 feet building setback line in front measured from the dedicated right-of-way line of Lisburn Road. I hereby certify that this action affects title to or other interest in the above-captioned real estate. S14UMAKER WILLIAMS, P.C. Dated: 0Ij'*q By +RP. 1 I.D.#20 90 appas, I.D. #200103 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiffs :225464 0 FU.Bn OFFtaLv b F T" PRATrra.)oTA P-I%t QOCR ocTa7 PM a:30 ? et,. ,6 C. Pit 314.oo Pc? AT" ct 2 A4y PT# Sheriff s Office of Cumberland County R Thomas Kline ~( f_C`_.,;i:i~l~ ~ ~~~ Ronny R Anderson ~°'~~~~~~ ,~+ ~ ~ ~~~~~'~'~'+d ~ on Chief Deputy ~ ZQ~'9 ~~~ ~~ ' ~ 3~ ~g Jody S Smith Cam, :_ _ , . `-~,t Civil Process Sergeant - ~ - -- - . - - ~ - i ~. .~ ~~ , 'u',- . ~,;~ Edward L Schorpp Solicitor Anthony R. Baer, Jr. vs. Henry L. Lenker Case Number 2009-7395 SHERIFF'S RETURN OF SERVICE 10/30/2009 01:46 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 30, 2009 at 1346 hours, he served a true copy of the within Complaint and Notice and Praecipe For Lis Pendens, upon the within named defendant, to wit: Henry L. Lenker, by making known unto himself personally, at 1043 E. Lisburn Road Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $46.44 SO ANSWERS, November 02, 2009 R THOMAS KLINE, SHERIFF ~'~"" ~ Deputy Sheriff