HomeMy WebLinkAbout10-5489164
David J. Lanza
I.D. No. 55782
2132 Market Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
Attorney for Plaintiff
GARY P. EVANS and MELODY A. EVANS,
Plaintiffs
V.
SCOTT TERRY,
Defendant
To the Defendant:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NOTICE TO DEFEND
441
NO. /D - S9
CIVIL ACTION - LAW
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 defense or objections to the
claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166 p
,
92 od oW-
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David J. Lanza
I.D. No. 55782
2132 Market Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
GARY P. EVANS and MELODY A. EVANS,
Plaintiffs
V.
SCOTT TERRY,
Defendant
Attorney for Plaintiffs
COMPLAINT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
ACTION TO QUIET TITLE
1. The Plaintiffs, Gary Evans and Melody Evans, are adult individuals with an address at 121
Sunset View Drive, New Cumberland, PA 17070, and is the owner of the premises at issue.
2. The Defendant, Scott Terry is an adult individual with an address at 439 Elder Trail, New
Cumberland, (Fairview Township, York County) PA 17070.
3. Plaintiff, by Deed from Jeffrey L. Bitler and Joann M. Close, dated March 31, 1997 and
recorded April 1, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania
in Record Book 155, Page 279 took title to the property located at and known as 201 Bosler Avenue,
Lemoyne, Cumberland County, Pennsylvania (Parcel # 12-21-0265-181) which is the subject of this Action.
(A copy of said Deed is attached hereto, made part hereof and marked as Exhibit "A").
4. As a result of an "Agreement For Purchase of Real Estate," there may be outstanding
alleged interests in the real estate with respect to Defendant. A copy of the aforesaid Agreement is attached
hereto as Exhibit "B."
5. Any interest that Defendant may claim has been extinguished by virtue of Defendant's breach
of the Agreement.
6. Defendant has failed to pay the amounts set forth in the aforesaid Agreement.
7. Defendant has failed to pay any amounts at all since February 2010.
8. Defendant has failed to make the balloon payment required by the Agreement to be paid in
April 2010.
9. Defendant had engaged in breaches of the Agreement prior to 2010.
10. Defendant has failed to pay the utility and tax bills as required by the Agreement.
11. Defendant has abandoned the real estate set forth in the attached Agreement.
12. Defendant has no basis to claim ownership of the real estate at issue.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an order terminating all
rights that Defendant and his heirs, administrator(s), executor(s), devisee(s) and assign(s), and all persons
claiming under him have, had, or may have in the premises and also the following:
A. That this Honorable Court declare Plaintiff have the full and free use of fee-simple title of the said
premises and is released and forever discharged of any right, lien, title or interest in said premises
that the defendants may have; and,
B. That all adverse claims to said real property be determined by a decree of this Court; and,
C. That said decree permanently enjoin defendants, each of them and all/and all persons claiming by,
through, and under them, from inserting any adverse claim to Plaintiff's title to said property; and,
D. For the costs of this action; and,
E. That this action shall not preclude Plaintiffs from seeking money damages pursuant to the Agreement
or otherwise; and,
F. For other relief as this Honorable Court shall deem necessary and just.
Respectfully submitted,
By: . vi L
David J. Lanza
Attorney I.D. No. 55782
2132 Market Street
Camp Hill, PA 17011
Telephone (717) 730-3775
Attorney for Plaintiff
VERIFICATION
I, Gary Evans, verify that the statements made in this Complaint are true and correct to the best of my
knowledge, information and belief. I understand that false statements made herein are made subject to the
penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities.
??J(a Q-41
Date: By:
Mary Evads
EXHIBIT A
4 H.", dk'iirE., ledfaa, PA '
?` `qIa -e-
MADE THE of our Lord one thousand nine hundred
BETWEEN
TAX PARCEL NO. 12-21-0265-181
`Irk ?r
r,c;D R DEEDS
t4 4' MrLRLAND COUNTY-PA.
Pai ,._ 1 PM 1 27
day of
ninety=seven (1997)
in the year
JEFFREY L. BITLER, of Lewisberry, Pennsylvar_-a, with the
joinder of his spouse, JO.ANN M. BITLER,
LEGIBLE OMO,
and
GARY P. EVANS and. MELODY A. EVANS, his w.fe, of New
Cumberland, Pennsylvania,
Grantee S
V77 'lllli ..dw is cassiikerotion of SEVENTY--ONE THOUSAND NINE MINDRED --------
--------------------------- ($7`4-,900.00) - - - - - - - - - - - --- -- -- DoUan
.
'in had paid, the receipt whereof is hereby acknoWe4e4 the said grantor S do hereby grant and convey
so'dw said gnome 5,
their heirs-and assigns,
ALL THAT CERTAIN tract of lad with the improvements thereon
erected, situate at he intersection of the southwestern side of
Second Street and the northwestern side cT Bosler Avenue, Borough
of Lemoyne, Cumberland County, Pennsylvania, being more fully
bounded and described accordi.nc to a plan of survey by William B.
_.._.: _ Wh reek, Professional Engineer, dated July., 26, 1977 and bearing
file,#WM77 and dravwing #50, and being more fully bounded and
described as follows, to wit':
BEGINNING at an "X" in concrete at the intersection of the
southwestern side of Second Street (20.00 feet ?a:.de) and the
northwestern side of Bosler Avenue (30.00 feet wide); thence
extending from said beginning point and along the northwestern side
of Bosler Avenue, South 59 degrees 00 minutes 00 seconds West,
40.00 feet t'o.a.hub at a corner of land now or formerly of A. L.
Eshelman; thence extending along same, North 31 degrees 00 minutes
00 `seconds West, 130.00 feet to a hub on the southeastern side of
a 15..DD..feet wide alley; thence extending along same, North 59
degrees 00 minutes 00 seconds East, 40.00 feet to a p.k. set on the
BASK 155 PACE 2"
41
southwestern side of Second Street, aforesaid; thence extending
along same, South 31 degrees 00 minutes 00 seconds East, 130.00
feet to the first mentioned point and place of BEGINNING.
BEING known and numbered as #201 Bosler Avenue, Borough of
Lemoyne, Cumberland County, Pennsylvania.
SUBJECT TO restrictions, easements and conditions of record.
BEING THE SAME premises which Kenneth J. Stewart and Charlene•
G. Stewart, his wife, and Lois M. Brandt (formerly Lois M. Stewart)
and Donald L. Brandt, husband and wife, by their deed dated
November 81 1985 and recorded on November 21, 1985 in the Office of
the Recorder of Deedsin_=.?r d r - ubkegz dl Qu --in Dee-dAo_ok_ P_
31, Page 36, granted and conveyed unto Jeffrey L. Bitler, the
Grantor herein. Joann M. Bitler joins in the signing of this deed
solely to release any marital interest in said property and does
not warrant title.
?r. t.b F". wl 9L
REGISTERED BY TIE
BOROUGH Of LEMOYNE PA
7
i:.
eta
d tie saved Sisit?or"s Ae by^' +?aute nirdi agree do,
t to i+ant spec T al l Y
Cumberland Cauntr Recorder of Des&
Receipt# 117591
Instr# 1997-007719 4/41/1997 13:228:46
Remarks: PROFEMIOMA. ABSTRACT
EVANtS CASH 1
DEED 12.50
DEED - WRIT .50
DEED - RTT STATE 719.00
WEST SHORE 359.50
N EIiEIYNE O 359.50
DEED - AM 11.50
ftcd 678 9 $1,462.00
CN?&# b $.50
they Totai Akmvw........ $1;462.50
the property hereby ransey*4
Atrr f%*
IN MWESS WHEREOF, said grantorS hav a hereunto set their hand S and seal the day
and year feet abode written.
Stpub. ft" a it1b
to *r mar of
CEPfRRY TLER
QQ ..
JONN M. BITLER
&we of PENNSYLVANIA
County of
On this. the of day of , I9 97 , before me,
d JY L. BITLER and
OFF- M. M
JOANN M. BITLER
know to-ms (or *ass#ircto* proven) to be the persowS whose names are p inserunernet, and acibtaepbmfged that they executed same for the yJ
puffi
IN PT17VS9 WHEREOF. I hereunto set my and o ciol seal.
??? * • O .?
N@WW SW
H 109.
I=pubk
nd Cou?t?y NOTARY I?BL I C
HOr ?Y1 unmial
e MtfMh 15, 2MI
Title of Beer.
State' ?f `
as.
County of
on this, the day of 119 . Before me,
the undersigned officer, personally appeared
knoesre to nee (ors +, jieto* prows) Yo be the person whose name subsevAed to, he
within Astrum"t, and ack oWe*cd that executed same for the purposes therein contained
.___IN _EMSS WHEREOF, I hereunto set my hand and official seal,
Title of OJJieer.
do hereby cer* that the precise residence and complete post o address
of the eithist namedornatee is
O-¢ -7U -w
19
x.
umi
lorw
PACE Auacagx-for - ?-
C
COMMON TH OF PENNSYLVANIA
aa.
County of I) ?La-N?
RECORDED on this day of A cg 1
A. D. 199, in the Recorder's office of the said County, in Deed Book
mr / ? Page 2?? -
Given under my hand and the seat of the said office, the date above written.
Recorder.
EXHIBIT B
POUD '7 P. Z?E LE:n"
2095 JUN 28 fill 9 53
AST FOR PURCHASE OF REAL ESTATE
'AGREEMENT, made this day of 2005,
THIS
by and between GARY P. EVANS and MELODY A. EVANS, husband and
wife, hereinafter referred to as "Sellers"; and
SCOTT TERRY, hereinafter referred to as "Buyer".
W I T Al E S S E T H
WHEREAS, Sellers are the owners of real estate improved with
a two family dwelling and garage situate at 201 Bosler Avenue,
Lemoyne, Cumberland County, Pennsylvania; and
WHEREAS, Sellers desire to sell and Buyer desire to purchase
said real estate under the terms and conditions hereinafter set
forth.
NOW, THEREFORE, intending to be legally bound hereby, the
parties agree as follows:
1. REAL ESTATE - If the Buyer shall first make the
payments and perform the covenants hereinafter mentioned on his
part to be made and performed, the Sellers hereby covenant and
agree by good and sufficient deed of special warranty to convey
and assure to Buyer, who hereby agrees to purchase in fee simple,
clear of all encumbrances, said real estate known as 201 Bosler
Avenue, Lemoyne, Cumberland County, Pennsylvania.
Aom 718 FAcF 3644
1
2. CONSIDERATION - As the purchase price of said real
estate, the Buyers hereby covenant and agree to pay to Sellers
the sum of NINETY THOUSAND ($90,000.00) DOLLARS, plus interest,
in the following manner:
A)' The sum of FIVE THOUSAND ($5,000.00) DOLLARS, to
be paid at the signing of this Agreement on March 30, 2005.
B) The sum of EIGHTY-FIVE THOUSAND ($85,000.00)
DOLLARS payable on or before April 1, 2010. As payment towards
that balance Buyer shall pay the sum of FIVE HUNDRED THIRTY-SEVEN
DOLLARS AND TWENTY-SIX CENTS ($537.26) per month, for principal
and interest each and every month beginning May 1, 2005 and
continuing through April 1, 2010 when the loan balloons and the
final payment is due and owing. The amortization payment is
determined by calculating $85,000.0-0 at 6.50% interest per annum
over a 30 year period.
3. PAYMENTS - Payments should be made payable to Gary P.
Evans and Melody Evans at 121 Sunset View Drive, New Cumberland,
PA 17070.
4. TAXES - Real estate taxes shall be paid by the Buyer
until such time as the Sellers are paid in full either on or
prior to April 1, 2010. Since.Sellers will be the record owners
of the property and will receive tax bills, Sellers agree to
BOOK 7:18 P* 3164 j
9.
forward all tax bills directly to Buyer and Buyer will furnish
Sellers with paid receipts for taxes. All current real estate
taxes will be prorated between Buyers and Sellers as of March 30,
2005.
5. UTILITIES AND ASSESSMENTS - The Buyer will pay all
sewer and refuse removal charges. All assessments from
municipalities or improvements completed after this date shall be
paid by Buyer.
6. TRANSFER TAXES - Realty Transfer Taxes shall be divided
equally between the parties at time of transfer of the deed.
7. MUNICIPAL CLAIMS - No municipal or other governmental
improvements affecting the premises are, as of the date hereof,
in the course of construction or installation and, to the best of
the Sellers' knowledge, no improvements have been ordered. No
notice from any governmental authority has been issued or served
upon the premises or any occupant thereof or upon the Sellers
prior to the signing of this Agreement calling attention to any
violation o•f any building, fire, safety, or other ordinance or
requiring or calling attention to the need for any curbing,
recurbing, paving, repaving or other construction or improvements
on or about the premises, or removal of any nuisance therefrom.
BOOK 718 PACE X646
3
S. POSSESSION - Possession of said real estate shall be
given to the Buyer upon execution of this Agreement, and shall
continue as long as the Buyer shall punctually pay the agreed
installments toward the purchase price, as above provided, and
shall comply with all other terms and conditions of this
Agreement; but the title and ownership of said real estate shall
remain in the Sellers or their heirs and assigns, and no right,
title or interest in said real estate, either legal or equitable,
shall pass by virtue of this Agreement until such purchase price
shall have been fully complied with.
9. RISK - As a part of the consideration, Buyer expressly
assumes all risk and responsibility for any accident, injury or
damage to persons or property as to themselves or others, in or
about said premises and agrees to hold Sellers harmless from all
liability therefrom. Buyers will purchase a minimum $100,000.00
premises liability insurance policy with a reputable insurance
company on the property to protect themselves and Sellers from
any accident, injury or damage to persons or property occurring
on the premises.
10. INSURANCE - The Buyer shall cause to be insured, with a
reputable insurance company, the building now on the property, or
such other buildings or improvements as. may be placed thereon,
BOOK 718 PAGE L31Ei 47
A
against fire, lightning, vandalism, or other insurable damage,
equal to the replacement costs of the building. Sellers shall be
identified as an additional insured owner of the premises.
11. MAINTENANCE OF PROPERTY - The Buyer shall use said
premises well and keep same in good repair, including mowing the
lawn, at the expense of the Buyer, and shall not commit waste
thereon. In the event of any breach and re-entry of the Sellers,
the Buyer shall deliver up premises to the Sellers in as good
condition as same are now in or may be put in, ordinary wear and
tear and acts of God excepted. The Buyer shall at all times use
and maintain said premises in accordance with the laws,
ordinances and regulations of the United States, Commonwealth of
Pennsylvania, County of Cumberland, Lemoyne Borough. Buyer snail
not renovate, remodel or alter any building or improvement now or
hereafter situate on the property without first giving written
notice and getting Sellers' approval in writing for such action.
Sellers hereby agree that such approval will not be unreasonably
withheld. The Sellers shall have the right at any reasonable
time to enter upon and in said premises for the purpose of
inspecting same upon reasonable notice to Buyer.
12. CONDITION OF PREMISES - Buyer accepts the property in
its "as is condition". There are no representations or
BOOK 718 PACE31648
r.
are no representations respecting said real estate, building,
fixtures, equipment or sale thereof, except 'as contained in this
Agreement. If payments are not received by Sellers within
fifteen (15) days of the date that they are due, then Buyers
shall pay a 5% late charge on that month's payment. Failure to
pay the late charge shall constitute default under this
Agreement.
15. DEFAULT - If an installment payment shall be delinquent
for a period of THIRTY (30) days after the payment is due, the
Buyer shall be considered to be in default under the terms of
this Agreement. If any taxes. assessmPntA nr
shall not be paid when they are due, or if the Buyer shall fail
to observe or perform any other conditions or terms of this
Agreement, this Agreement shall also be considered to be in
default. In the event of default by Buyer, Sellers may, at their
option, declare the unpaid balance of the purchase price
immediately due and payable, or elect to retake possession of the
premises; in which case, the amount already paid shall be
considered to be liquidated damages and not a penalty. In the
latter event, all rights and
privileges of the Buyer shall cease
and terminate and the Buyer shall have no further right, title,
interest or claim of any kind or character in or to the real
BOQx 718 PACE' G5o
7
•
f`
0
estate, building, fixtures, equipment and business described
therein, or the legal or equitable title thereto, or any of the
benefits provided under the terms of this Agreement. raiiure or
delay of the Sellers to execute any option hereunder at the time
of any default, shall riot operate as a waiver of the right of the
Sellers to exercise such option for the same or any subsequent
default at any time.
16. LITIGATION - Should any litigation be commenced between
the parties hereto concerning real estate, this Agreement, or the
rights and duties of either in relation thereto, the party
prevailing in such litigation shall be entitled to, in addition
to such other relief that may be granted, a reasonable sum as and
for their attorney's fees which shall be determined by the court
in such litigation or in a separate action brought for that
purpose.
17. NOTICE - Any and all notices or other communications
required or permitted by this Agreement or by law to be served on
or given to either party hereto, Buyer or Sellers, by the other
party, shall be deemed duly served and given when personally
delivered to any of the parties to whom it is directed or, in
lieu of such personal service, when deposited in the United
States mail, first-class postage prepaid, addressed to Buyer at
am 718 PAGE 3651
8
r'
Elo(or
OF or to Sellers
at 121 Sunset View Drive, New Cumberland, PA 17070. Each party
may change their address for the purposes of this section by
giving written notice of such change to the other party in the
manner provided for in this section.
18. MODIFICATION - No modification of this Agreement shall
be binding upon the parties hereto unless the same shall be in
writing and duly executed by the Buyers and Sellers.
19. MISCELLANEOUS -
A) Attorney's Fees: The attorney's fees for the
preparation of this Agreement and settlement shall be split
equally between Buyer and Sellers;
B) Leases: As part of this Agreement Sellers hereby
assign to Buyer all their rights, duties and interest in any
outstanding leases pertaining to the property and hereby agree to
transfer any security deposits of current tenants to Buyer. As
of the date of this Agreement only one (1) tenant occupies a
portion of the property and Sellers are in possession of a
$450.00 security deposit for that tenant.
20. ENTIRE AGREEMENT - This Agreement sets forth the entire
understanding of the parties and may not be changed except by
written agreement of the parties.
voy, 718 PAGE X652
9
IN WITNESS WHEREOF, the parties have executed this Agreement
on the day and year first above written.
GA Y P. A S, Se 1 r
RE-LOJ EVANS, eller
A,2e A
SCOTT TERRY, Buy r
aooK 718 pAcE3653
10
Jeffrey Robert Pratz, Esquire
Supreme Court LD. # 208934
The Law Offices of Pratz & Wallace
24 N. 32°d Street
Camp Hill, PA 17011
Telephone: (717) 761-2312
Fax: (717)761-2313
Email: Jeffrey@pratzwallace.com
2~l0 OC ~ --5 P~~ la. 2~
~E~14~~f~~Lr~;~i~ CO~~~ ~ `R
Attorney for Defendant
Gary P. Evans and Melody A. Evans
Plaintiff
Scott Terry
v.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-5489 CIVIL
PRAECIPE FOR ENTRY OF APPEARANCE
PRAECIPE FOR ENTRY OF APPEARANCE
Kindly enter my appearance on behalf of the Defendant Scott Terry in the above-
captioned matter.
Respectfully submitted,
THE LAW OFFICES OF PRATZ & WALLACE
By: 6~'~.._
Je o ert Pratz, Esquire
Supreme Court I.D. No. 208934
24 North 32"d Street
Camp Hill, Pennsylvania 17011- 2900
(717) 761-2312
ATTORNEY FOR DEFENDANT
Dated: O S /e'
Jeffrey R. Pratz, Esquire
Supreme Court I.D. #208934
The Law Offices of Pratz & Wallace
24 N. 32°d Street
Camp Hill, PA 17011
Telephone: (717) 761-2312
Fax: (717) 761-2313
Email: Jeffrey@pratzwallace.com
~/"' Yk1f" f`f ?.. ~~31~4.: ~'~V f1~1\l~~l
~~ ~ ~' i ~
2~lQ ~C ~' °S F'~r ~~~ 27
Attorney for Defendant
Gary P. Evans and Melody A. Evans
Plaintiffs
v.
Scott Terry
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
No. 10-5489 Civil
QUIET TITLE
DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT
Defendant, Scott Terry, by and through his attorneys, Jeffrey R. Pratz, Esquire and the
Law Offices of Pratz and Wallace, files these Preliminary Objections to Plaintiffs' Complaint
and states as follows:
Insufficient Specificity in a Pleading
Pa. R.C.P. 1028(a)(3)
1. Plaintiffs allege that "Defendant has failed to pay the amounts set forth in the aforesaid
Agreement." See Plaintiffs' Complaint, Paragraph 6.
2. Plaintiffs fail to allege how much Defendant has failed to pay using a dollar amount.
3. Plaintiffs fail to allege how much Defendant has paid to Plaintiffs to date.
4. Plaintiffs allege that "Defendant has failed to pay any amounts at all since February
2010." See Plaintiffs' Complaint, Paragraph 7.
5. It is unclear whether Plaintiffs are alleging that Defendant made a payment in February
2010.
6. Plaintiffs should rather allege the exact date and amount of the last payment by
Defendant.
7. Defendant cannot properly answer Plaintiffs' Complaint without more specificity in their
Complaint.
8. Plaintiffs allege that "Defendant has failed to pay the utility and tax bills as required by
the Agreement." See Plaintiffs' Complaint, Paragraph 10.
9. Plaintiffs fail to allege the amount of the unpaid utility bills.
10. Plaintiffs fail to allege the utility service provider for which the bill is/was unpaid.
11. Plaintiffs fail to allege what taxing entity has not been paid.
12. Plaintiffs fail to allege the year of the unpaid tax bill(s).
13. Defendant cannot properly answer Plaintiffs' Complaint without Plaintiffs' amending
their Complaint and adding more specific allegations.
14. Defendant cannot defend against Plaintiffs' Complaint without more specific allegations
regarding the utility and tax bills.
15. Plaintiffs allege that "Defendant has abandoned the real estate set forth in the attached
Agreement." See Plaintiffs' Complaint, Paragraph 11.
16. Plaintiffs have merely alleged a legal conclusion by stating that Defendant "abandoned"
the real estate in question.
17. Defendant cannot factually defend a legal conclusion.
18. Plaintiffs must amend their Complaint to specify how they believe that Defendant
"abandoned" the real estate.
WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss
Plaintiffs' Complaint or order that Plaintiffs' file an Amended Complaint.
Respectfully Submitted,
LAW OFFICES OF PRATZ & WALLACE
B ~~~
Y~
Jeffre R b rt Pratz, Esquire
Supreme Court I.D. No. 208934
24 North 32°d Street
Camp Hill, Pennsylvania 17011- 2900
(717) 761-2312
ATTORNEY FOR DEFENDANT
Dated: /d ~ ~o~o
Jeffrey R. Pratz, Esquire
Supreme Court I.D. #208934
The Law Offices of Pratz & Wallace
24 N. 32°d Street
Camp Hill, PA 17011
Telephone: (717) 761-2312
Fax: (717) 761-2313
Email: Jeffrey@pratzwallace.com
Gary P. Evans and Melody A. Evans
Plaintiffs
v.
Scott Terry
Defendant
~1~icRlr~~t~~3 COt1~=lT ,
Attorney for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
No. 10-5489 Civil
QUIET TITLE
CERTIFICATE OF SERVICE
The undersigned verifies that on the 5`" day of October, 2010, he did serve upon the
following parties in the above-captioned action, a true and correct copy of the Defendant's
Preliminary Objections to Plaintiffs' Complaint, by regular mail, postage pre-paid, addressed as
follows, which service satisfies the requirements of Pa.R.C.P. No. 440:
DAVID J. LANZA, ESQUIRE
2132 MARKET STREET
CAMP HILL, PA 17011
ATTORNEY FOR PLAINTIFFS
Dated: October 5, 2010
Jeffrey obert Pratz, ire
Supreme Court I.D. No. 208934
24 North 32°d Street
Camp Hill, Pennsylvania 17011- 2900
(717) 761-2312
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
~~~~,tr at ~r~r~~rfi~~~~
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C~F~I~E ~. ,. ~ S?'EitIFF
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F~1ti GC i ~~ ~ ~~ 3~ 0 ~
Iv!~t~i~~~,L~O~~~ C(~~'~i'.~
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Gary P. Evans (et al.)
vs.
Scott Terry
Case Number
2010-5489
SHERIFF'S RETURN OF SERVICE
08/25/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Scott Terry, but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint and Notice
according to law.
09/08/2010 01:27 PM -York County Retum: And now September 8, 2010 at 1327 hours I, Richard P. Keuerleber,
Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within
Complaint and Notice, upon the within named defendant, to wit: Scott Terry by making known unto
himself personally, at The York County Sheriffs Office, 45 N. George Street, York, PA 17401 its contents
and at the same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $37.44
October 07, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
(ci CountySuite Sheriff. Teleosoft. Inc.
SHERIFF'S OFFFCE OF YORK COUNTY
Richard P Keuerleber PETER J. MANGAN, ESQ.
Sheriff Solicitor
~+,.
Reuben B Zeager Richard E Rice, II
Chief Deputy, Operations Chief Deputy, Administration
GARY P. EVANS (et al.) Case Number
vs. 10-5489 CIVIL
SCOTT TERRY
SHERIFF'S RETURN OF SERVICE
09/08/2010 01:27 PM -SERVED THE REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY "PERSONALLY"
HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT,
TO WIT: SCOTT TERRY AT THE YORK COUNTY SHERIFF'S OFFICE, YORK COUNTY SHERIFF, 45
NORTH GEORGE STREET, YORK, PA 17401.
ASHLEY D LEY, DEPUTY
SHERIFF COST: $45.50
October 04, 2010
SO S,
RI HAD UERLEBER, S RIFF
NOTARY
Affirmed and subscribed to before me this
4th day of OCTOBER 2010 COMMONWEALTH OF PENNSYLVANIA
NOTARIAL- ~~~~-
'~ 'o t uii She v. i' s»usoft, roc LISA L. THQRPE. NQTARY PUBLIC
CI 1hi SSIO REXr~ RED k1~~~42, ~~fi~
MY CQ!.
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Argument Court.)
CAPTION OF CASE
(entire caption must be stated in full)
Gary P. Evans and Melody A. Evans
Scott Terry
vs.
(List. the within matter for the, next t.,
----------------------------------
No. 10-5489 Civil
Term
1.. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.):
Defendants Preliminary Objections to Plaintiffs Complaint
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
David J. Lanza
(Name and Address)
2132 Market Street, Camp Hill, PA 17011
(b) for defendants:
Jeffrey Robert Pratz, Esquire
(Name and Address)
24 North 32nd Street, Camp Hill, PA 17011
3. I will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date: December 15, 2010
Date: November 6, 2010
Print your name
Plaintiff
Attorney for
INSTRUCTIONS:
1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR
(not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 12 days prior to argument.
3. The responding party shall file their brief 5 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case is relisted.
Jeffrey Robert Pratz, Esquire
y David J. Lanza
I.D. No. 55782 Attorney for Plaintiff
2132 Market Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
GARY P. EVANS and MELODY A. EVANS,
Plaintiffs
V.
SCOTT TERRY,
Defendant
To the Defendant:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, KNN§YLc16ANIA
c TI
..? 23
NO
10-5* --a
.
CIVIL ACTIO#??x °
r-- Z
c? ---
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 this complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court your defense or objections to the
claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
Nvid J. Lanza
I.D. No. 55782
2132 Market Street Attorney for Plaintiffs
Camp Hill, Pennsylvania 17011
(717) 730-3775
GARY P. EVANS and MELODY A. EVANS, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
NO. 10-5489
V.
CIVIL ACTION - LAW
SCOTT TERRY,
ACTION TO QUIET TITLE
Defendant
AMENDED COMPLAINT
1. The Plaintiffs, Gary Evans and Melody Evans, are adult individuals with an address at 121
Sunset View Drive, New Cumberland, PA 17070, and is the owner of the premises at issue.
2. The Defendant, Scott Terry is an adult individual with an address at 439 Elder Trail, New
Cumberland, (Fairview Township, York County) PA 17070.
3. Plaintiff, by Deed from Jeffrey L. Bitler and Joann M. Close, dated March 31, 1997 and
recorded April 1, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania
in Record Book 155, Page 279 took title to the property located at and known as 201 Bosler Avenue,
Lemoyne, Cumberland County, Pennsylvania (Parcel # 12-21-0265-181) which is the subject of this Action.
(A copy of said Deed is attached hereto, made part hereof and marked as Exhibit "A").
4. As a result of an "Agreement For Purchase of Real Estate," there may be outstanding
alleged interests in the real estate with respect to Defendant. A copy of the aforesaid Agreement is attached
hereto as Exhibit "B."
5. Any interest that Defendant may claim has been extinguished by virtue of Defendant's breach
of the Agreement.
6. Defendant has failed to pay the amounts set forth in the aforesaid Agreement, including the
monthly payment for March 2010 in the amount $537.26 and the balloon payment due in April 2010.
7. Defendant has failed to pay any amounts at all since February 2010.
8. The last payment of any kind that Defendant made occurred in February 2010 in the amount
of $540.00.
9. Defendant has failed to make the balloon payment required by the Agreement to be paid in
April 2010.
10. Defendant has failed to pay the utility and tax bills as required by the Agreement.
11. Plaintiff was notified in November 2010 from the Cumberland County Tax Claim Bureau that
Defendant had failed to pay 2009 real estate taxes. A true and correct copy of the aforesaid notice is
attached hereto as Exhibit "C."
12. As a result of Defendant's breach and failure to pay 2009 taxes, Plaintiff shall be forced to
pay $1,803.58, including penalties.
13. Plaintiff was forced to pay 2010 real estate taxes in the amount $534.06, as a result of
Defendant's failure to pay that amount to the local tax collector.
14. On June 8, 2010, Plaintiffs were forced to pay $ 2,651.67 to Lemoyne Borough for sewer,
water and trash collection fees (including penalties and late fees) that Defendant had neglected to pay in
2009 and 2010.
15. Defendant had engaged in previous breaches of the Agreement prior to 2010, including
Defendant's failure to make nine required monthly payments in 2007 and 2008, resulting in late fees and
related charges.
16. Defendant had previously been late with his required real estate and school tax payments in
2006 and 2008.
17. Defendant has abandoned the real estate set forth in the attached Agreement.
. i
18. Defendant called Plaintiff Gary Evans by telephone in March 2010 and asked Mr. Evans to
retrieve the keys and related documents because Defendant could not fulfill his obligations under the
Agreement.
19. In the presence of witnesses Keith Engle, Scott Shaver and David Shaver, Plaintiff Gary
Evans met with Defendant at Defendant's residence.
20. Defendant delivered to Gary Evans, at the aforesaid meeting, the keys to the property, the
leases for the property and rent checks from tenants (which Plaintiff had to replace with new checks from the
tenants made payable to Plaintiff).
21. Defendant stated that he could not afford to make the required balloon payment or the
monthly payments and that he was turning the property back over to Plaintiffs.
22. Defendant requested that Plaintiff execute a release in Defendant's favor for items in default,
which Plaintiff refused to do.
23. Defendant has no basis to claim ownership of the real estate at issue.
24. The aforesaid Agreement requires Defendant to reimburse Plaintiff for attorney fees incurred
in enforcing this Agreement.
25. Plaintiff is expected to incur attorney in excess of $2,500.00 in pursuing this action to enforce
the Agreement.
26. There is justly due and owing from Defendant to Plaintiff the amount of 8,026.57, calculated
as follows:
2006-2010 sewer, refuse and trash $ 2,651.67
2010 taxes $ 534.06
2009 taxes $1,803.58
Unpaid March 2010 payment $ 537.26
Attorney fees $2,500.00
Total $ 8,026.57
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an order terminating all
rights that Defendant and his heirs, administrator(s), executor(s), devisee(s) and assign(s), and all persons
claiming under him have, had, or may have in the premises and also the following:
A. That this Honorable Court declare Plaintiff have the full and free use of fee simple title of the said
premises and is released and forever discharged of any right, lien, title or interest in said premises
that the Defendant may have; and,
B. That all adverse claims to said real property be terminated by a decree of this Court; and,
C. That said decree permanently enjoin Defendant, and all persons claiming by, through, and under
him, from asserting any adverse claim to Plaintiff's title to said property; and,
D. For the costs of this action; and,
E. For money damages in the amount of $ 8,026.57, plus late fees, interest and all additional attorney
fees through the time of trial; and,
F. That this action shall not preclude Plaintiffs from seeking additional money damages pursuant to the
Agreement or otherwise; and,
G. For other relief as this Honorable Court shall deem necessary and just.
Respectfully submitted,
By: f
David J. Lanza
Attorney I.D. No. 55782
2132 Market Street
Camp Hill, PA 17011
Telephone (717) 730-3775
Attorney for Plaintiff
VEi DFIr TInN
1, Gary Evans, verify that the statements made in this Complaint are true and correct to the best of my
knowledge, information and belief. I understand that false statements made herein are maw subject to the
penalties of 18 Pa. C.S.A §4944, relating to unsworn falsification to authorities.
r
gate: IL 42L. By:
Gary Evans,
EX?
/
201a.11-woranK oMd?hoN Fmm+- Act 1909-Doublo Shoot
?H-y Hdl; hit., Indionp, PA
I q I qL
MADE THE -J/ate
of our Lord one thousand nine hundred
BETWEEN
TAX PARCEL NO. 12-21-0265-181
%
E i ''. ._lL;I r^
).
COUNTY-PA .
?'P 1 PM1C7
Of
ninety-seven (1997)
in the year
JEFFREY L. BITLER, of Lew_sberry, Penn sylvar_wa, with the
joinder of his spouse, JOA11N M.. BwTLER,
UEGIBIE 01g1QN&
and
GARY P. EV;ANS and. MELODY A. EVANS,
Cumberland, Pennsylvania,
Grantor s ,
his w4fe, of New
Grantee S
WITNESSETH, that in consideration of SEVENTY-0YE THOUSAND NINE HUNDRED --------
--------------------------- ('? w r 900. CO) ---------------------- Dollars,
in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey
to the said grantee S ,
their heirs and assigns,
ALL "NHAT CERTAIN erect cf lend with the i.mprove;ents thereon
erected, situate at •'::^.e intersect:-or. of the sout^w:? -:ern side of
Second Street and the northwestel-n side cf Bos er Avenue, Borough
of Lemoyne, Cumosr? anal County, Penn sylvan _ia, being :pore fully
bounded and descry _bed acco rein to a plan of survey y " illiam B.
Whittock, Professio-nal Engineer, dated July- 26, 1.97? and bearing
file #WM77 and drawing #50, and being more fully bounded and
described as follows, to wit:
BEGINNING at an "X" in concrete at the intersection of the
southwestern side of Seccnd Street (20.00 feet ai,--;e) and the
northwestern s`_d1= of Bosler Avenue ( 30.00 feet 'n'_de) ; thence
extending from said beginning point and along the ncrt"--western side
of Bosler Avenue, Sov.th 59 degrees 00 minutes CO seconds West,
40.00 feet to a hub at a corner of land now or formerly of A. L.
Eshelman; thence extending along same, North 3' degrees 00 minutes
00 seconds West, 1-30.00 feet to a hub on the southeastern side of
a 15..0-0. feet wide alley; thence extending along same, North 59
degrees 00 minutes 00 seconds East, 40.00 feet to a p.k. set on the
WK 155 PAGE 279
southwestern side of Second Street, aforesaid; thence extending
along same, South 31 degrees 00 minutes 00 seconds East, 130.00
feet to the first mentioned point and place of BEGINNING.
BEING known and numbered as #201 Bosler Avenue, Borough of
Lemoyne, Cumberland County, Pennsylvania.
SUBJECT TO restrictions, easements and conditions of record.
BEING THE SAME premises which Kenneth J. Stewart and Charlene
G. Stewart, his wife, and Lois M. Brandt (formerly Lois M. Stewart)
and Donald L. Brandt, husband and wife, by their deed dated
November 8, 1985 and recorded on November 21, 1985 in the Office of
the Recorder of Deeds_ in- -And for Cumberland ? ,=ty_ in I2eed__Book P
31, Page 366, granted and conveyed unto Jeffrey L. Bitler, the
Grantor herein. Joann M. Bitler loins in the signing of this deed
solely to release any marital interest in saved property and does
not warrant title.
REGISTERED BY RIE
BOROUGH OF LEMOYNE PA
u? t ls4 7
Sebretai
And the said grantors hereby covenant and agree that
will warrant speci dl Ay
Cumberland County Recorder of Deeds
Instr?????:irre
ReceiPt# 117591
Instr# 1997-007719 4/01/1997 13:21:46
Reearks: PROFESSIOK ABSTRACT
EVANS CASH 1
REED 12.50
DEED - WRIT .50
DEED - RTT STATE 719.44
NEST SHORE 359.50
LEMOYNE POROM 359.54
DEED - A/H 11.50
Cheri,# 67849 $1.462.00
Check:# 67850 3.50
they Total Received....... $1,462.50
the property hereby conveyed.
Brix '#_N?AZ c,nr r%nn
IN WITNESS WHEREOF, said grantors have hereunto set their hand S and seal the day
and year first above written.
ftwtb, #Ukb =11 Utntreb E R L. B I T L E R
in 1e I'isa em of
J NN M. BITLER
See of PENNSYLVANIA
County of ss.
On this, the day of rl?cc--? , 19 97 , before nee,
the unj#tj4rtrd a, +cer, pe y appeared JEFFREY L. BITLER and - T w
E - - JOANN M. BITLER
a???
known to- me (or satisfactorily proven) to be the persons whose name S d re subscrt
.3 a4
instrument, and acknowledged that they executed same for the purposes c?dti ,-
IN WITNESS WHEREOF, I hereunto set my d and off<cid seal.
Notadal3"1
Holly F. Kellar, Notary Public
Hampden TVvp , Cumberland County NOTARY IIBLI C
My Commission Expires March 15, 2001
Title of Officer.
State of
County of
On this, the day of
ss.
, 19 , Before me,
the undersigned officer, personalty appeared
known to me (or,satisfactorily proven) to be the person whose name subscribed to the
within instrument, and acknowledged that executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Title of Officer.
do hereby certify that the precise residence and complete post office address
of the within named grantee is
/crr? tom- / 70 "7c)
19
$QOX PkGf `i Attaco?.for Ct__
IC}
a
a
IM
COMMONWf%,lLTH OF PENNSYLVANIA
IH
a -
ss.
County of r.l m ??-
RECORDED on this day of
A. D. 19, in the Recorder's office of the said County, in Deed Book
page 52??
Given under my hand and the seal of the said office, the date above written.
Recorder.
EXHIBIT B
R()DEI'Y P. ZIE U.R
::vflt'1Li Ui
i
200S JUN 28 9? 9 53
AGREEMENT FOR PURCHASE, O.F REAL ESTATE
THIS AGREEMENT, made this 3 day of 2005,
by and between GARY P. EVANS and MELODY A. EVANS, husband and
wife, hereinafter referred to as "Sellers"; and
SCOTT TERRY, hereinafter referred to as "Buyer".
W I T N E S S E T H
WHEREAS, Sellers are the owners of real estate improved with
a two family dwelling and garage situate at 201 Bosler Avenue,
Lemoyne, Cumberland County, Pennsylvania; and
WHEREAS, Sellers desire to sell and Buyer desire to purchase
said real estate under the terms and conditions hereinafter set
forth.
NOW, THEREFORE, intending to be legally bound hereby, the
parties agree as follows:
1. REAL ESTATE - If the Buyer shall first make the
payments and perform the covenants hereinafter mentioned on his
part to be made and performed, the Sellers hereby covenant and
agree by good and sufficient deed of special warranty to convey
and assure to Buyer, who hereby agrees to purchase in fee simple,
clear of all encumbrances, said real estate known as 201 Bosler
Avenue, Lemoyne, Cumberland County, Pennsylvania.
K Al
OK 718 mu 3644
` 1
2. CONSIDERATION - As the purchase price of said real
estate, the Buyers hereby covenant and agree to pay to Sellers
the sum of NINETY THOUSAND ($90,000.00) DOLLARS, plus interest,
in the following manner:
A) The sum of FIVE THOUSAND ($5,000.00) DOLLARS, to
be paid at the signing of this Agreement on March 30, 2005.
B) The sum of EIGHTY-FIVE THOUSAND ($85,000.00)
DOLLARS payable on or before April 1, 2010. As payment towards
.that balance Buyer shall pay the sum of FIVE HUNDRED THIRTY-SEVEN
DOLLARS AND TWENTY-SIX CENTS ($537.26) per month, for principal
and interest each and every month beginning May 1, 2005 and
continuing through April 1, 2010 when the loan balloons and the
final payment is due and owing. The amortization payment is
determined by calculating $85,000.00 at 6.50% interest per annum
over a 30 year period.
3. PAYMENTS - Payments should be made payable to Gary P.
Evans and Melody Evans at 121 Sunset View Drive, New Cumberland,
PA 17070.
4. TAXES - Real estate taxes shall be paid by the Buyer
until such time as the Sellers are paid in full either on or
prior to April 1, 2010. Since.Sellers will be the record owners
of the property and will receive tax bills, Sellers agree to
BOOT! 718 PAGE33645
9.
forward all tax bills directly to Buyer and Buyer will furnish
Sellers with paid receipts for taxes. All current real estate
taxes will be prorated between Buyers and Sellers as of March 30,
2005.
5. UTILITIES AND ASSESSMENTS - The Buyer will pay all
sewer and refuse removal charges. All assessments from
municipalities or improvements completed after this date shall be
paid by Buyer.
6. TRANSFER TAXES - Realty Transfer Taxes shall be divided
equally between the parties at time of transfer of the deed.
7. MUNICIPAL CLAIMS - No municipal or other governmental
improvements affecting the premises are, as of the date hereof,
in the course of construction or installation and, to the best of
the Sellers' knowledge, no improvements have been ordered. No
notice from any governmental authority has been issued or served
upon the premises or any occupant thereof or upon the Sellers
prior to the signing of this Agreement calling attention to any
violation of any building, fire, safety, or other ordinance or
requiring or calling attention to the need for any curbing,
recurbing, paving, repaving or other construction or improvements
on or about the premises, or removal of any nuisance therefrom.
BOOK 718 PAGE t'3646
3
8. POSSESSION - Possession of said real estate shall be
given to the Buyer upon execution of this Agreement, and shall
continue as long as the Buyer shall punctually pay the agreed
installments toward the purchase price, as above provided, and
shall comply with all other terms and conditions of this
Agreement; but the title and ownership of said real estate shall
remain in the Sellers or their heirs and assigns, and no right,
title or interest in said real estate, either legal or equitable,
shall pass by virtue of this Agreement until such purchase price
shall have been fully complied with.
9. RISK - As a part of the consideration, Buyer expressly
assumes all risk and responsibility for any accident, injury or
damage to persons or property as to themselves or others, in or
about said premises and agrees to hold Sellers harmless from all
liability therefrom. Buyers will purchase a minimum $100,000.00
premises liability insurance policy with a reputable insurance
company on the property to protect themselves and Sellers from
any accident, injury or damage to persons or property occurring
on the premises.
10. INSURANCE - The Buyer shall cause to be insured, with a
reputable insurance company, the building now on the property, or
such other buildings or improvements as. may be placed thereon,
BooK 718 PAC316 47
A
•
against fire, lightning, vandalism, or other insurable damage,
equal to the replacement costs'of the building. Sellers shall be
identified as an additional insured owner of the premises.
11. MAINTENANCE OF PROPERTY - The Buyer shall use said
premises well and keep same in good repair, including mowing the
lawn, at the expense of the Buyer, and shall not commit waste
thereon. In the event of any breach and re-entry of the Sellers,
the Buyer shall deliver up premises to the Sellers in as good
condition as same are now in or may be put in, ordinary wear and
tear and acts of God excepted. The Buyer shall at all times use
and maintain said premises in accordance with the laws,
ordinances and regulations of the United States, Commonwealth of
Pennsylvania, County of Cumberland, Lemoyne Borough. Buyer shall
not renovate, remodel or alter any building or improvement now or
hereafter situate on the property without first giving written
notice and getting Sellers' approval in writing for such action.
Sellers hereby agree that such approval will not be unreasonably
withheld. The Sellers shall have the right at any reasonable
time to enter upon and in said premises for the purpose of
inspecting same upon reasonable notice to Buyer.
12. CONDITION OF PREMISES - Buyer accepts the property in
its "as is condition". There are no representations or
BOO 718 NacE:3648
r,
s
are no representations respecting said real estate, building,
fixtures, equipment or sale thereof, except 'as contained in this
Agreement. If payments are not received by Sellers within
fifteen (15) days of the date that they are due, then Buyers
shall pay a 5% late charge on that month's payment. Failure to
pay the late charge shall constitute default under this
Agreement.
15. DEFAULT - If an installment payment shall be delinquent
for a period of THIRTY (30) days after the payment is due, the
Buyer shall be considered to be in default under the terms of
this Agreement. If any taxes, assessments or insurance premiums
shall not be paid when they are due, or if the Buyer shall fail
to observe or perform any other conditions or terms of this
Agreement, this Agreement shall also be considered to be in
default. In the event of default by Buyer, Sellers may, at their
option, declare the unpaid balance of the purchase price
immediately due and payable, or elect to retake possession of the
premises; in which case, the amount already paid shall be
considered to be liquidated damages and not a penalty. In the
latter event, all rights and privileges of the Buyer shall cease
and terminate and the Buyer shall have no further right, title,
interest or claim of any kind or character in or to the real
boor 718 PAGE ? 650
a
o T
estate, building, fixtures, equipment and business described
therein, or the legal or equitable title thereto, or any of the
benefits provided under the terms of this Agreement. Failure or
delay of the Sellers to execute any option hereunder at the time
of any default, shall riot operate as a waiver of the right of the
Sellers to exercise such option for the same or any subsequent
default at any time.
16. LITIGATION - Should any litigation be commenced between
the parties hereto concerning real estate, this Agreement, or the
rights and duties of either in relation thereto, the party
prevailing in such litigation shall be entitled to, in addition
to such other relief that may be granted, a reasonable sum as and
for their attorney's fees which shall be determined by the court
in such litigation or in a separate action brought for that
purpose.
17. NOTICE - Any and all notices or other communications
required or permitted by this Agreement or by law to be served on
or given to either party hereto, Buyer or Sellers, by the other
party, shall be deemed duly served and given when personally
delivered to any of the parties to whom it is directed or, in
lieu of such personal service, when deposited in the United
States mail, first-class postage prepaid, addressed to Buyer at
b00K 715 PAu "'1651
8
-r
y? q' Efp?pf IPWL?i?•? or to Sellers
at 121 Sunset View Drive, New Cumberland, PA 17070. Each party
may change their address for the purposes of this section by
giving written notice of such change to the other party in the
manner provided for in this section.
18. MODIFICATION - No modification of this Agreement shall
be binding upon the parties hereto unless the same shall be in
writing and duly executed by the Buyers and Sellers.
19. MISCELLANEOUS -
A) Attorney's Fees: The attorney's fees for the
preparation of this Agreement and settlement shall be split
equally between Buyer and Sellers;
B) Leases: As part of this Agreement Sellers hereby
assign to Buyer all their rights, duties and interest in any
outstanding leases pertaining to the property and hereby agree to
transfer any security deposits of current tenants to Buyer. As
of the date of this Agreement only one (1) tenant occupies a
portion of the property and Sellers are in possession of a
$450.00 security deposit for that tenant.
20. ENTIRE AGREEMENT - This Agreement sets forth the entire
understanding of the parties and may not be changed except by
written agreement of the parties.
voy, 718 PAGE 652.
9
a
IN WITNESS WHEREOF, the parties have executed this Agreement
on the day and year first above written.
t
GAR Y P. A S, Se l r
I -Pjj&-
MELOD EVANS, eller
/tL
SCOTT TERRY, Buy r
` r?
BooK 718 PacE3653
10
r
Cumberland County Tax Claim Bureau
1 Courthouse Square, Room 106, Carlisle, PA 17013
NOTICE OF LIEN Wednesday, November 17, 2010
EVANS, GARY P & MELODY A
C/O SCOTT TERRY
439 ELDER TRAIL
NEW CUMBERLA PA 17070
Property ID
12-21-0265-181
CONTROL NO. 12 310
201 BOSLER AVENUE
TOTAL BALANCE
DUE IMMEDIATELY $1,803.58
YOUR IMMEDIATE ATTENTION IS REQUIRED!
THE 2009 REAL ESTATE TAXES ARE A LIEN FILED WITH THE CUMBERLAND COUNTY TAX CLAIM
BUREAU AND AS OF NOVEMBER 4, 2010 REMAIN UNPAID. TO AVOID HAVING YOUR LIEN BECOME
ABSOLUTE, YOU MUST PAY THE TOTAL TAXES DUE TO THE TAX CLAIM BUREAU BY DECEMBER 31,
2010. ANY UNPAID 2009 TAXES WILL CAUSE YOUR PROPERTY TO BE PLACED INTO TAX SALE
STATUS IN 2011.
"AL Q, R, O* :fit .
PAYMENTS MAY BE MADE IN PERSON WITH CASH, OR BY MAIL WITH MONEY ORDER, CERTIFIED
CHECK, OR CASHIER'S CHECK. PAYMENTS MAY ALSO BE MADE ONLINE AT
WWW.OFFICIALPAYMENTS:COM OR BY CALLING 1-800-272-9829, ENTER JURISDITCION CODE 4985.
OFFICIAL PAYMENTS WILL CHARGE A PROCESSING FEE.
PLEASE BE AWARE THAT IF YOUR 2010 REAL ESTATE TAXES ARE NOT PAID TO YOUR LOCAL TAX
COLLECTOR BEFORE DECEMBER 31, 2010, THEY WILL BE TURNED OVER TO THE TAX CLAIM
BUREAU IN JANUARY 2011 CAUSING ANOTHER LIEN TO BE PLACED ON YOUR PROPERTY.
IF A RECEIPT IS DESIRED PLEASE INCLUDE A SELF ADDRESS STAMPED ENVELOPE WITH YOUR
PAYMENT.
PLEASE CALL THIS OFFICE FOR THE EXACT AMOUNT DUE, INTEREST IS ADDED
THE FIRST DAY OF EACH MONTH.
OFFICE HOURS ARE MONDAY THROUGH FRIDAY; 8:00 A.M. TO 4:30 P.M.
CALL TOLL-FREE:
1-888-697.0371 EXT 6366 OR LOCALLY 240-6366
t
CERTIFICATE OF SERVICE
AND NOW, this 4'gay of November 2010, the undersigned does hereby certify that she did this date
serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in
the United States Mail, first class postage prepaid, at Camp Hill, Pennsylvania, addressed as follows:
Jeffrey Pratz
24 North 32nd Street
Camp Hill, PA 17011
By:
David Lanza
OF THE QTH NOT R?
2310 DEC -2 PM 4: 09
Jeffrey Robert Pratz, Esquire
Supreme Court I.D. # 208934 CUMBERLAND COUN i v
PENNSYLVANIA Law Offices of Pratz & Wallace
24 N. 32°d Street
Camp Hill, PA 17011
Telephone: (717) 761-2312
Fax: (717) 761-2313
Email: Jeffrey@pratzwallace.com
ORIGINAL
Attorney for Defendant
Gary P. Evans and Melody A. Evans
Plaintiff
V.
Scott Terry
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-5489 CIVIL
PRAECIPE TO REMOVE FROM ARGUMENT
PRAECIPE TO REMOVE CASE FROM ARGUMENT LIST
Kindly remove the above captioned case from Argument Court since an amended
complaint has been filed and makes the Defendants Preliminary Objections to Plaintiff's
complaint moot pursuant to Pa.R.C.P. 1028 (c)(1).
Respectfully submitted,
THE LAW OFFICES OF PRATZ & WALLACE
By: q 1)), - i, G??
Jeff o ert Pratz, Esquire
Supreme Court I.D. No. 208934
24 North 32nd Street
Camp Hill, Pennsylvania 17011- 2900
(717) 761-2312
ATTORNEY FOR DEFENDANT
Dated: .a. ('I
Jeffrey R. Pratz, Esquire
Supreme Court I.D. #208934
The Law Offices of Pratz & Wallace
24 N. 32nd Street
Camp Hill, PA 17011
Telephone: (717) 761-2312
Fax: (717) 761-2313
Email: Jeffrey@pratzwallace.com
Gary P. Evans and Melody A. Evans
Plaintiffs
V.
OF THr PROTN tl r
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1010 DEC --z Ply t : 09
CUIyBERLAND cUUB T ?.F
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Attorney for Defendant
ORIGINAL
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 10-5489 Civil
Scott Terry
Defendant
QUIET TITLE
CERTIFICATE OF SERVICE
The undersigned verifies that on the 2nd day of December, 2010, he did serve upon the
following parties in the above-captioned action, a true and correct copy of the Defendant's
Praecipe to Remove from Argument, by regular mail, postage pre-paid, addressed as follows,
which service satisfies the requirements of Pa.R.C.P. No. 440:
DAVID J. LANZA, ESQUIRE
2132 MARKET STREET
CAMP HILL, PA 17011
ATTORNEY FOR PLAINTIFFS
Dated: December 2, 2010
Qjz 414a?l
J r Robert Pratz, Esquire
Supreme Court I.D. No. 208934
24 North 32nd Street
Camp Hill, Pennsylvania 17011- 2900
(717) 761-2312
IN THE COURT OF COMMON PLEAS OF
Plaintiff Gary P. Evans CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
Melody A. Evans
r
Defendant Scott Terry : No. 2010-5489 CIVIL TERM
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ORDER OF COURT a c z'_=
IN RE: ARGUMENT COURT z'
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AND NOW, this 9th day of December, 2010, the case listed above has been
stricken from the 12/15/2010 Argument Court List due to the listing party's failure to file a brief
in accordance with Cumberland County Local Rule 1028 (c) (5).
By the Court,
Kevin .Hess, P.J.
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BRENNAN & ASSOCIATES, P.C. Attorneys for Defendant ; po
By: Je y Pratz, Esquire Scott Te
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PA Supreme Court I.D. No. 208934 G- ?-
400 Washington Street p M -
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e-mail: rpratz.esquire@brennanandassociates.net
GARY EVANS AND MELODY A. EVANS IN THE COURT OF COMMON PLEAS OF
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
V. NO. 10-5489 CIVIL
SCOTT (TERRY
CIVIL ACTION-LAW
Defendant
ENTRY / WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Defendant Scott Terry in this matter.
BRENNAN & ASSOCIATES, P.C.
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By:
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JEFF . PRATZ, ESQUIRE
PA Supreme Court I.D. No. 208934
400 Washington Street
Suite 802
Reading, PA 19601
T: 610-372-0101 F: 610-372-4477
Attorney for the defendant
Scott Terry
Please withdraw my appearance on behalf of Defendant Scott Terry in this matter.
BY: ? .
JEF&MEV . PRATZ, SQUIRE
PA Supreme Court I.D. No. 208934
The Law Offices of Pratz & Wallace
24 N. 32°a Street
Camp Hill, PA 17011
T: 717-761-2312 F: 717-761-2313
E-mail: Jeffrey @pratzwallace.com
BRENNAN & ASSOCIATES, P.C.
By: Jeffrey Pratz, Esquire
PA Supreme Court I.D. No. 208934
400 Washington Street
Suite 802
Reading, PA 19601
(610) 372-0101/fax (610) 372-4477
e-mail: jrpratz.esquire@brennanandassociates.net
Attorneys fortbe"JaRt OTxOPl T RY
Scott Terry ZD` I FEB 28 PPS t : 31
CUp NNSYLVANIA TY
GARY P. EVANS AND MELODY A. EVANS
Plaintiff
V.
SCOTT TERRY
Defendant
IN THE COURT OF COMMON PLEAS OF
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 10-5489 CIVIL
CIVIL ACATION-LAW
PRELIMINARY OBJECTIONS / MOTION TO STRIKE PLAINTIFF'S AMENDED COMPLAINT
PURSUANT To PA.R.C.P.1028(c)(1) AND PA.R.C.P.1033
Defendant, Scott Terry, by and through his attorneys, Jeffrey R. Pratz, Esquire and the
Law Offices of Pratz and Wallace, files this Motion to Strike and states as follows:
Procedural History
1. Plaintiff filed a complaint to Quiet Title on August 31St, 2010.
2. On October 5th, 2010 Defendant's Counsel filed and served upon Plaintiff's
counsel, Defendant's Preliminary Objections to Plaintiffs Complaint and an Entry of
Appearance.
3. On November 8th, 2010 Defendant filed a Praecipe for listing case for argument
which stated the date for argument was December 15th, 2010
4. On November 29th, 2010 Plaintiff filed an Amended Complaint out of conformity
of the Pa.R.C.P 1028(c)(1).
5. On December 2"d, 2010 Defendant filed a Praecipe to remove the case from
argument list.
6. On February 22d, 2011 Plaintiff sent Defendant the 10-day default notice.
Inconformity with Pa.R.C.P. 1028(c)(1) and Pa.R.C.P. 1033
7. Paragraphs 1 through 6 of this Complaint are incorporated herein by reference as
though set forth in full.
8. Pa.R.C.P. 1028(c)(1) states "A party may file an amended pleading as of course
within twenty days after service of a copy of preliminary objections."
9. Plaintiff filed their Amended Complaint on November 291h, 2010, Fifty Six (56)
days from Defendant serving a copy of his Preliminary Objections.
10. This is more than the twenty (20) day allowed for amended pleadings as of
course.
11. Plaintiff has not sought nor had Defendant given Plaintiff leave to amend.
12. Plaintiff has not sought nor has this Honorable Court granted leave to amend.
13. Defendant is not obligated to answer Plaintiff's complaint until the preliminary
objections have been resolved in some manner. Advance Building Services Company v. F & M
Schaefer Brewing Company, 252 Pa. Super. 579, 384 A. 2d 931, (1977) Pa. R. C. P 1028(d)
WHEREFORE, Defendant requests this Honorable Court to Strike Plaintiff's Amended
Complaint and direct the Plaintiff to conform with the Pa.R.C.P 1028, Pa.R.C.P 1033, and
Cumberland County Local Rules.
2
Respectfully submitted,
BRENNAN & ASSOCIATES, P.C.
By: 0 J#j -'? )
Jeffr ert Pratz, quire
Pa. Supreme Court I.D. No. 208934
400 Washington Street, Suite 802
Reading, Pa. 19601
(610) 372-0101
Dated: February 25, 2011
3
BRENNAN & ASSOCIATES, P.C. Attorneys for Defendant
By: Jeffrey Pratz, Esquire Scott Terry
PA Supreme Court I.D. No. 208934
400 Washington Street
Suite 802
Reading, PA 19601
(610) 372-0101/fax (610) 372-4477
e-mail: jrpratz.esquire@brennanandassociates.net
GARY P. EVANS AND MELODY A. EVANS IN THE COURT OF COMMON PLEAS OF
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
V. : NO. 10-5489 CIVIL
SCOTT TERRY
Defendant
: CIVIL ACATION-LAW
CERTIFICATE OF SERVICE
The undersigned verifies that on the 250' day of February, 2011, he did serve upon the
following parties in the above-captioned action, a true and correct copy of the Defendant's
Motion to Strike, by regular mail, postage pre-paid, addressed as follows, which service satisfies
the requirements of Pa.R.C.P. No. 440:
DAVID J. LANZA, ESQUIRE
2132 MARKET STREET
CAMP HILL, PA 17011
ATTORNEY FOR PLAINTIFFS
Dated: February 25, 2011
(2 JJ. , A,, 2-? 9,
Jeffre R ert Pratz, Esquire
Pa. Supreme Court I.D. No. 208934
400 Washington Street, Suite 802
Reading, Pa. 19601
(610) 372-0101
Jeffrey Pratz, Esquire
PA Supreme Court I.D. No. 208934
100 North Park Road
Suite 1261
Reading, PA 19610
(856) 371-4969
e-mail: Jeffrey.Pratz.Esq@Gmail.com
GARY P. EVANS AND MELODY A. EVANS
Plaintiff
V.
SCOTT TERRY
Attorney for Defendant
Scott Terry
IN THE COURT OF COMMON PLEAS OF
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 10-5489 CIVIL
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Defendant
CIVIL ACTION-LAW
ENTRY / WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Defendant Scott Terry in this matter.
By:
J Y R. PRATZ, ESQUIRE
PA Supreme Court I.D. No. 208934
100 North Park Road, Suite 1261
Reading, PA 19610
T: 856-371-4969
Attorney for the Defendant, Scott Terry
Please withdraw my appearance on behalf of Defendant Scott Terry in this matter.
BRENNAN & ASSOCIATES, P.C.
By. 4",.--
J F Y R. PRATZ, E QUIRE
PA Supreme Court I.D. No. 208934
400 Washington Street
Suite 802
Reading, PA 19601
T: 610-372-0101 F: 610-372-4477
Attorney for the defendant
Scott Terry
Jeffrey Pratz, Esquire Attorneys for Defendant
PA Supreme Court I.D. No. 208934 Scott Terry
100 North Park Road
Suite 1261
Reading, PA. 19610
(856) 371-4969
e-mail: Jeffrey.Pratz.Esq@Gmaii.com
GARY P. EVANS AND MELODY A. EVANS IN THE COURT OF COMMON PLEAS OF
: OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
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CERTIFICATION OF SERVICE
I, Jeffrey R. Pratz, Esquire, hereby certify that a true and correct copy of the Entry of Appearance
of Jeffrey R. Pratz, Esquire and Withdrawal of Appearance of Jeffrey R. Pratz, Brennan & Associates,
was served upon all counsel and/or unrepresented party by hand delivery on February 24, 2012.
By: 0,#.4 ',?"
JE Y R. PRATZ, ESQUIRE
PA Supreme Court I.D. No. 208934
100 North Park Road, Suite 1261
Reading, PA 19610
T: 856-371-4969
Attorney for the Defendant, Scott Terry
GARY P. EVANS and IN THE COURT OF COMMON PLEAS OF
MELODY A. EVANS, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
CIVIL ACTION - LAW
vs. NO. 10-5489 CIVIL
TERRY SCOTT,
Defendant
IN RE: DEFENDANT'S PRELIMINARY OBJECTION
BEFORE HESS, P.J., EBERT AND PECK J.J.
ORDER
AND NOW, this 25 day of March, 2012, the Preliminary Objection of the Defendant
in the Nature of a Motion to Strike Plaintiffs' Amended Complaint is OVERRULED. The
Defendant is granted twenty (20) days within which to file an answer to the Amended
Complaint.
BY THE COURT,
14
Kevin,l.' Hess, P. J.
? David J. Lanza, Esquire
For the Plaintiffs
V Jeffrey Pratz, Esquire
For the Defendant
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David J. Lanza
'I.D. No. 55782
2132 Market Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
GARY P. EVANS and MELODY A. EVANS,
Plaintiffs
V.
SCOTT TERRY,
Defendant
Attorney for Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-5489
CIVIL ACTION - LAW
ACTION TO QUIET TITLE
PRAECIPE FOR DEFAULT JUDGMENT
TO:PROTHONOTARY
Pursuant to Pa.R.Civ.P. 237.1(b)(2) enter judgment by default against Defendant Scott Terry
terminating all rights that Defendant and his heirs, administrator(s), executor(s), devisee(s) and assign(s),
and that all persons claiming under him have, had, or may have in the premises at 201 Bosler Avenue,
Lemoyne, Cumberland County, Pennsylvania (Parcel # 12-21-0265-181) and declaring that Plaintiffs have
the full and free use of fee simple title of the said premises and are released and forever discharged of any
right, lien, title or interest in said premises that the Defendant may have; and, that all adverse claims to said
real property be terminated by a decree of this Court; and, that Defendant, and all persons claiming by,
through, and under him, are permanently enjoined from asserting any adverse claim to Plaintiff's title to said
property; and, for the costs of this action, for money damages in the amount of $ 8,026.57, and, that this
action shall not preclude Plaintiffs from seeking additional money damages pursuant to the Agreement or
otherwise.
Enter this judgment for failure of Defendant to file an Answer or other pleading within twenty days of
the Court Order (attached) dated March 29, 2012.
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Respectfully submitted,
By:''
David J. Lanza
Attorney I.D. No. 55782
2132 Market Street
Camp Hill, PA 17011
Telephone (717) 730-3775
Attorney for Plaintiff
GARY P. EVANS and IN THE COURT OF COMMON PLEAS OF
MELODY A. EVANS, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
CIVIL ACTION - LAW
VS. NO. 10-5489 CIVIL
TERRY SCOTT,
Defendant
IN RE: DEFENDANT'S PRELIMINARY OBJECTION
BEFORE HESS, P.J., EBERT AND PECK, J.J.
ORDER
AND NOW, this 29 day of March, 2012, the Preliminary Objection of the Defendant
in the Nature of a Motion to Strike Plaintiffs' Amended Complaint is OVERRULED. The
Defendant is granted twenty (20) days within which to file an answer to the Amended
Complaint.
BY THE COURT,
Kevin
David J. Lanza., Esquire
For the Plaintiffs
Jeffrey Pratz, Esquire
For the Defendant
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CERTIFICATE OF SERVICE
AND NOW, this 27th day of April 2012, the undersigned does hereby certify that he did this date serve
a copy of the foregoing document upon the other parties of record by causing same to be deposited in the
United States Mail, first class postage prepaid, at Camp Hill, Pennsylvania, addressed as follows:
Jeffrey Pratz, Esquire
400 Washington Street
Suite 802
Reading, PA 19601
By: it + l
David Lanza