HomeMy WebLinkAbout13-3935 Supreme Cod t%fTennsylvania
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Couti OfsCO.IIltno � leas For Prothonotary Use Only:
C Docket No: ?;
CU BERLN17� County
a ��
/3 - -393x" Cum
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required bylaw or rules of court.
Y Commencement of Action:
S Complaint 0 Writ of Summons 0 Petition
Transfer from Another Jurisdiction 0 Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
Curtis G. and Rebekah M. Lehman Classic Communities Corporation
T Dollar Amount Requested: C 1 within arbitration limits
I Are money damages requested? 0 Yes No
(check one) U outside arbitration limits
0
N Is this a Class Action Suit? 0 Yes 'X' No Is this an MDJAppeal? 0 Yes [B No
A, Name of Plaintiff /Appellant's Attorney: Richard C. Snelbaker, Esquire
1
0 Check here if you have no attorney (are a Self- Represented (Pro Se] Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
0 Intentional 0 Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution Debt Collection: Credit Card Board of Assessment
0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections
0 Nuisance Dept. of Transportation
0 Premises Liability Statutory Appeal: Other
S Product Liability (does not include
E mass tort) [3 Employment Dispute:
El Slander /Libel/ Defamation Discrimination
C Other: 0 Employment Dispute: Other L_ Zoning Board
i T 0 Other:
I ( Other:
O MASS TORT Slo{�iFyc p�i�tbr2�u
0 Asbestos
N Tobacco
Toxic Tort - DES
Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste
0 Other: 01 Ejectment 0 Common Law /Statutory Arbitration
B Eminent Domain /Condemnation 0 Declaratory Judgment
Ground Rent 0 Mandamus
0 Landlord /Tenant Dispute 0 Non- Domestic Relations
0 Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto
0 Dental 0 Partition 0 Replevin
0 Legal 0 Quiet Title 0 Other:
Medical 0 Other:
0 Other Professional:
Updated 1/1/2011
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v 13 JUIL - 9 AM 9: 5,
CU BERLA110 COUNT - Y
PENNSYLVANIA
Richard C. Snelbaker, Esqire
Snelbaker & Brenneman, P.C.
44 West Main Street
Mechanicsburg, PA 17055
(717) 697=8528
Attorneys for Plaintiffs
CURTIS G. LEHMAN IN THE COURT OF COMMON PLEAS OF
And CUMBERLAND COUNTY, PENNSYLVANIA
REBEKAH M. LEHMAN,
Plaintiff s
V. NO. 2013 - ,393s' CIVIL TERM
CLASSIC COMMUNITIES
CORPORATION, CIVIL ACTION —LAW
Defendant
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 a 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 Plaintiffs. 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
32 S. Bedford Street
Carlisle, Pennsylvania 17013 -3302
(717) 249 -3166
SNELBAKER & BRENNEMAN, P. C.
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C. By:
Attorneys for Plaintiffs Curtis G. Lehman
And Rebekah M. Lehman
ichard C. Snelbaker, Esquire
ttorney ID #06355
Snelbaker & Brenneman, P.C.
4 West Main Street
echanicsburg, PA 17055
717) 697 -8528
ttorneys for Plaintiffs Curtis G. Lehman and Rebekah M. Lehman
URTIS G. LEHMAN IN THE COURT OF COMMON PLEAS OF
and
BEKAH M. LEHMAN, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs,
vs.
CLASSIC COMMUNITIES No. 2013 -
CORPORATION,
Defendant Civil Action - Law
COMPLAINT
AND NOW, come the Plaintiffs by their Attorneys, Snelbaker & Brenneman, P.C., and
aver the following cause of action against the Defendant:
1. The Plaintiffs are CURTIS G. LEHMAN and REBEKAH M. LEHMAN, husband
and wife, adult individuals, who reside at 233 Skyline Drive in the Township of
Silver Spring, Cumberland County, Pennsylvania, (Post Office: Mechanicsburg, PA
17050).
2. The Defendant is CLASSIC COMMUNITIES CORPORATION, having an office in
Suite Number 100 at 2151 Linglestown Road, Harrisburg, Dauphin County,
Pennsylvania 17110.
LAW OMCES 3. Defendant is in the business of owning nd developing eal estate.
SNELBAKER & g P in g
BRENNEMAN. P.C.
-1-
4. Simon A. Lehman, Jr. and Betty G. Lehman, husband and wife (hereinafter called
"Senior Lehmans"), were the owners, inter alia, of the following relevant parcels of
real estate:
A. Their principal residence known and numbered as 233 Skyline Drive, in Silver
Spring Township, Cumberland County, Pennsylvania (hereinafter called "233
Skyline Drive "), and
B. A tract of farm land containing 10.9004 acres, more or less, situated in Silver
Spring Township, Cumberland County, Pennsylvania (hereinafter called
"Northern Farm Land ").
The foregoing parcels of real estate adjoin each other.
5. On or about February 5, 2008, the Senior Lehmans agreed to sell the Northern Farm
Land to Defendant and Defendant agreed to purchase the same, the terms of the
transaction being contained in an Agreement of Sale of Real Estate, a true and correct
copy of which is attached hereto marked "Exhibit A" and incorporated herein by
reference thereto.
6. Said Agreement of Sale of Real Estate contains the following relevant provisions:
9. Additional Consideration: As further and additional consideration for the sale of the
Premises, Buyer covenants and agrees at its sole cost and expense to construct and install
to Seller's personal residence at 233 Skyline Drive, Silver Spring Township (which
adjoins the Premises) a lateral or house connection for sanitary sewerage purposes and a
residential water line so as to provide perpetual municipal sewage and public water
service as extensions from Buyer's development of the Premises to Seller's adjoining
personal residence. Buyer agrees to provide lawful easements and rights -of -way for such
pipe lines on all plans which it submits to the Township of Silver Spring and any other
planning agency having jurisdiction, and to convey said easements and rights -of ways to
either the Seller or the agency providing such services (as may be required by said
agencies). Said pipe lines shall be constructed and installed at the same time as Buyer
constructs the sewerage and water systems on the Premises and in full compliance with
the rules and regulations of the servicing agency and ready for connection to Seller's
LAW OFFICES facilities. Seller shall be responsible for (a) all tapping and /or connection fees due the
SNELBAKER & servicing agencies and ( b the cos o physically connecti said servici p ipelines to
BRENNEMAN, F.C. g a g \) cost s
P y� y g g p p
Seller's facilities within Seller's property.
-2-
Buyer's obligations under this Paragraph 9 shall be binding on the Buyer and its
successors and assigns, and shall be construed and enforced as covenants running with
the Premises.
The Provisions of this Paragraph 9 shall be subject to enforcement by any appropriate
action at law or in equity, and shall not be subject to the limitations of Seller's remedies
as set forth in Paragraph 8. The terms and conditions set forth in this Section 9 shall
survive closing.
7. The sale of the Northern Farm Land was settled on February 6, 2008, by deed dated
February 6, 2008, between the Senior Lehmans as Grantors and Defendant as
Grantee, as recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, on February 8, 2008, as Instrument Number 200803896.
8. Simon A. Lehman, Jr., died on January 28, 2010, whereupon title to 233 Skyline
Drive, vested absolutely in Betty G. Lehman, by operation of law as surviving tenant
by the entireties .
9. Betty G. Lehman, widow, via her agent and attorney -in —fact, P. Kenneth Lehman,
sold and conveyed 233 Skyline Drive to Plaintiffs by deed dated December 28, 2012,
and recorded in the Recorders Office aforesaid on December 28, 2012, as Instrument
Number 201240412.
10. Betty G. Lehman, widow, via her Attorney -in -fact aforesaid, confirmed, transferred
and assigned all of her rights in and under the Agreement of Sale of Real Estate
aforesaid, including particularly the rights set forth in paragraph 9 of said Agreement
of Sale of Real Estate, to Plaintiffs, a true and correct copy of said Assignment being
attached hereto as "Exhibit B" and incorporated herein by reference thereto.
11. On or about March 7, 2013, Defendant filed its preliminary land subdivision plan
LAW OFFICES with the Township of Silver Spring, Cumberland County, Pennsylvania, for the
SNELBAKER &
BRENNEMAN. P.C.
-3-
development of the Northern Farm Land and other adjoining lands, the proposed
development being identified as "The Hills at Silver Spring ".
12. The preliminary land subdivision plan failed to include the easements and rights -of-
way for water and sewer pipe lines as required in paragraph 9 of the Agreement of
Sale of Real Estate. Said land subdivision plan is not accessible for attachment to this
pleading, but may be examined at the Silver Spring Township Administrative
Building at 8 Flowers Drive, Mechanicsburg, PA 17050.
13. By letter to the Defendant dated May 10, 2013, P. Kenneth Lehman, as agent and
attorney -in -fact for Betty G. Lehman, reminded Defendant of its obligation under
Paragraph 9 of the Agreement of Sale of Real Estate to show the required easements
and rights -of -way on its preliminary land subdivision plan. A true and correct copy
of said letter is- attached hereto marked "Exhibit U and incorporated herein by
reference hereto.
14. Defendant continues its failure to comply with Paragraph 9 of the Agreement of Sale
of Real Estate.
WHEREFORE, Plaintiffs pray:
(a) That the Defendant be enjoined, preliminarily until final hearing
and permanently thereafter, from mortgaging or otherwise encumbering in any
way the Northern Farm Land, and from selling or conveying the same or any part
thereof to any persons other than Plaintiffs;
(b) That.the Defendant be ordered to specifically perform its .
obligations in and under Paragraph 9 of the Agreement of Sale of Real Estate,
LAW OFFICES particularly to amend its preliminary land subdivision plan for "The Hills at
SNELBAKER &
BRENNEMAN, P.G.
-4-
Silver Spring" to show on said plans and on all future land development plans the
locations and dimensions of the required easements and rights -of -way of water
and sanitary sewer pipe lines;
(c) That the Defendant be ordered to make, execute, acknowledge and
deliver to Plaintiffs and /or the entities which will provide water and sewage
service, all deeds and other necessary documents creating and conveying said
easements and rights -of way with good and marketable title;
(d) That the Defendant be ordered to install all pipelines and other
equipment necessary to provide municipal sanitary sewage and public utility
water service to Plaintiffs' premises known as 233 Skyline Drive;
(e) That the Defendant be ordered to otherwise specifically perform all
obligations in and under said Paragraph 9; and
(f) That this Court grant such other general relief as may be just and
proper.
SNELBAKER & BRENNEMAN, P.C.
Richard C. Snelbaker
Attorneys for the Plaintiffs
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
-5-
VERIFICATION
CURTIS G. LEHMAN and REBEKAH M. LEHMAN state that they are the Plaintiffs in
this action and that the statements made in the foregoing Complaint are true and correct to the
best of their knowledge, information and belief. The undersigned understands that the
statements herein are made subject to the penalties of 18 Pa C.S. Section 4904 relating to
unsworn falsifications to authorities.
v ,
Curtis G. Lehman
kL
Rebekah M. Lehman
Date: ,�(��� d / l
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
-6-
EXHIBIT "A"
Agreement of Sale of Real Estate
AGREEMENT OF SALE OF REAL ESTATE
THIS AGREEMENT is made and entered into this 6'k day of February, 2008, by
and between: Simon A. Lehman, Jr. and Betty G. Lehman, husband and wife (hereinafter called
"Seller ")
AND
Classic Communities Corp., its successors and /or assigns, hereinafter called the
"Buyer ".
IN CONSIDERATION OF THE MUTUAL COVENANTS AND
AGREEMENTS HEREINAFTER CONTAINED, IT IS AGREED BY AND BETWEEN
SELLER AND BUYER AS FOLLOWS:
1. The Seller agrees to sell to the Buyer, and the Buyer agrees to purchase and
accept the conveyance of all that certain portion of a tract or parcel of land located in Silver Spring
Township, Cumberland County, Pennsylvania; as more fully described as Lot 4 on a certain
subdivision plan of lots as recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Plan Book 64, Page 81 ( "Premises ").
2. The Buyer agrees to.pay to Seller as full consideration or price of the said
Premises, the sum of Seven Hundred Sixty Three Thousand and 00 /100 (5763,000.00) Dollars
( "Purchase Price "), payable as follows:
a. $190,000.00 Dollars upon Seller's acceptance of this Agreement, which
amount has been paid directly to Seller, receipt whereof hereby being
acknowledged by Seller (the "Deposit ").
b. The sum of $500,000.00 in the form of a loan from Seller to Buyer to be
evidenced by a note in the form attached hereto as Exhibit "A" and to be
secured by a first mortgage on the Premises in the form attached hereto as
Exhibit "B"
C. The balance of $73,000.00 at Closing.
3. Seller's Representations, Warranties and Covenants Seller covenants and
warrants to Buyer as follows (each such representation and warranty being true and correct as of the
date of the Agreement and shall be true and correct on the date of Final Settlement):
(a) Seller is the. sole owners of the Premises in fee simple and said Premises is not subject
to any option, right of first refusal or agreement of sale except as recited hereinabove. Seller has the
full power and authority to execute, deliver and perform this Agreement of Sale and all agreements
and documents referred to in this Agreement. The persons who have executed this Agreement on
behalf of Seller have the authority to do so.
(b) There is no action, suit or proceeding pending or threatened against or affecting Seller
or the Premises or relating to or arising out of the ownership of the same, including, without
limitation, general or special assessment proceedings of any kind, or condemnation or eminent
domain actions.
(c) Neither the entering into this Agreement of Sale, the consummation of the sale, nor
the conveyance of the Premises to Buyer, has or will constitute a violation or breach of any kind of
the terms of any contract or other instrument to which Sellers are parties or to which Sellers are
subject.
(d) To the best of Seller's knowledge, no portion of the Premises contains any substance
which may be classified as a hazardous, toxic chemical or radioactive substance, or a contaminant
or pollutant (together, "Hazardous Substances ") under applicable federal, state or local law,
ordinance, rule or regulation ( "Applicable Laws ") or which may require any cleanup, rernediation
or other corrective action pursuant to such Applicable Laws. Seller has not used any portion of the
Premises, nor permitted any other person or entity to use the same for the purpose of storage,
generation, manufacture, disposal, transportation or treatment of any such Hazardous Substances in
violation of Applicable Laws. Further, no underground or above ground storage tanks are located
at or below the Premises.
(e) There are no commitments or agreements which would require Buyer to pay any
money or perform any obligation or which would otherwise affect the ownership or development of
the Premises by Buyer.
(f) No notice by any governmental or other public authority has been served upon Seller,
relating to violations of any applicable housing, building, safety, fire or other ordinances or any
Applicable Laws.
4. Buyer shall be required to complete closing for the Premises on or before
February 6, 2008.
5. All local real estate taxes shall be apportioned on a fiscal year basis to the date of
closing.
-2-
6. Buyer and Seller shall each pay one half of all state realty transfer taxes and local
transfer tax calculated on the agreed consideration, provided, however, that Buyer acknowledges that
Seller shall in no event be required to pay transfer tax in an amount in excess of $7,630.00. Buyer,
shall indemnify, defend and hold harmless Seller from and against any loss Seller may sustain on
account of any additional assessments for transfer taxes. This indemnifi cation shall survive closing.
7. Seller shall be responsible for cost of preparation of the Special Warranty Deed,
and all matters of title clearance at final settlement. Buyer shall be responsible for cost of title search
or title insurance, as desired
8. Default
BY BUYER: In the event of default by Buyer, Seller, shall retain the earnest
money and all monies paid on account of the purchase price as liquidated damages, as Seller's sole
and exclusive remedy, in which event this Agreement shall become null and void and both parties
shall thereupon be released of all further liability hereunder.
BY SELLER: In the event of default by Seller, Buyer may, as Buyer's option,
elect as may be appropriate to:
(a) pursue an action at law; and /or
(b) An action for specific performance.
9. Additional Consideration As further and additional consideration for the sale
of the Premises, Buyer covenants and agrees at its sole cost and expense to construct and install to
Seller's personal residence at 233 Skyline Drive, Silver Spring Township (which adjoins the
Premises) a lateral or house connection for sanitary sewerage purposes and a residential water line
so as to provide perpetual municipal sewage service and public utility water service as extensions
from Buyer's development of the Premises to Seller's adjoining personal residence. Buyer agrees
to provide lawful easements and rights -of -way for such pipe lines on all plans which it submits to
the Township of Silver Spring and any other planning agency having jurisdiction, and to convey said
easements and rights -of -ways to either the Seller or the agency providing such services (as may be
required by said agencies). Said pipe lines shall be constructed and installed at the same time as
Buyer constructs the sewerage and water systems on the Premises and in full compliance with the
rules and regulations of the servicing agency and ready for connection to Sellers' facilities. Seller
shall be responsible for (a) all tapping and /or connection fees due the servicing agencies and (b) the
cost of physically connecting said servicing pipelines to Seller's facilities within Seller's property.
-3-
Buyer's obligations under this Paragraph 9 shall be binding on the Buyer and its successors
and assigns, and shall be construed and enforced as covenants running with the Premises.
The provisions of this Paragraph 9 shall be subject to enforcement by any appropriate action
at law or in equity, and shall not be subject to the limitations of Sellers' remedies as set forth in
Paragraph S. The terms and conditions set forth in this Section 9 shall survive closing.
10. In the event of any disagreement or misunderstanding, the teens 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.
11. This document contains the entire agreement between Buyer and Seller; there
are no representations, warranties, covenants, terms or conditions except as specifically set forth
herein.
12. Time shall be of the essence of this Agreement and all of its conditions or
modifications.
13. This Agreement shall extend to and be legally binding upon the parties hereto,
their respective heirs, executors, administrators and assigns.
14. The failure of either party to insist upon strict enforcement of any provision
of this Agreement shall not constitute a waiver of the right to enforcement of that provision or of any
other provision.
to assign this Agreement to any party without the
15. Buyer shall be permitted
consent of Seller.
16. No modification of this Agreement shall be binding unless same shall be in
writing and duly approved by Seller and Buyer.
20. The parties hereto acknowledge that there is no real estate broker involved in
this transaction other than NAI/CIR and there is no real estate conunission or fee due any other party
in relation to this transaction. Buyer shall be responsible for payment of all applicable fees or
conunissions due NAI /CIR.
-4-
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals the day and year first above written, intending to be legally bound hereby.
Simon A. Lehman, Jr.
Betty G. L hman
Classic Communities Corp.
By:
-s-
EXHIBIT " B
Assignment
ASSIGNMENT
This Assignment made and entered into this (µ day of May, 2013, by and between:
BETTY G. LEHMAN, WIDOW, by P. KENNETH LEHMAN, her agent and
attorney -in —fact, party of the first part, hereinafter called Assignor,
AND
CURTIS G. LEHMAN and REBEKAH M. LEHMAN, husband and wife, parties
of the second part, hereinafter called Assignees:
WITNESSETH:
WHEREAS, Simon A. Lehman, Jr. and Betty G. Lehman, husband and wife, the owners
of certain undeveloped lands in the Township of Silver Spring, Cumberland County,
Pennsylvania, described as Lot No. 4 on a certain subdivision plan of lots as recorded in the
Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 64,
Page 81, said lands hereinafter called "Undeveloped Tract "; and
WHEREAS, the said Simon A. Lehman, Jr., and Betty G. Lehman, husband and wife,
were also the owners of a parcel of land improved with a dwelling house known and numbered
as 233 Skyline Drive, also in the Township of Silver Spring, hereinafter called "Residence
Parcel ", which parcel is more fully described as Lot #1 -A as shown on a certain subdivision plan
of lots recorded in the Recorder's Office aforesaid in Plan Book 901, Page 68; and
WHEREAS, the Residence Parcel adjoins the Undeveloped Tract; and
WHEREAS, the said Simon A. Lehman, Jr., and Betty G. Lehman, husband and wife,
agreed to sell the Undeveloped Tract to Classic Communities Corporation (hereinafter called
"Buyer ") by written agreement of sale dated February 5, 2008 (hereinafter called "Agreement of
Sale "), which document contained, inter alia, the following relevant provisions and terms
concerning additional conditions:
9. Additional Consideration. As further and additional consideration for the sale of the
Premises, Buyer covenants and agrees at its sole cost and expense to construct and install to
Seller's personal residence at 233 Skyline Drive, Silver Spring Township (which adjoins the
Premises) a lateral or house connection for sanitary sewerage purposes and a residential water
line so as to provide perpetual municipal sewage service and public utility water service as
extensions from Buyer's development of the Premises to Seller's adjoining personal residence.
Buyer agrees to provide lawful easements and rights -of -way for such pipe lines on all plans
which it submits to the Township of Silver Spring and any other planning agency having
_jurisdiction, and to convey said easements and rights -of -ways to either the Seller or the agency
providing such services (as may be required by said agencies). Said pipe lines shall be
constructed and installed at the same time as Buyer constructs the sewerage and water systems on
the Premises and in full compliance with the rules and regulations of the servicing agency and
ready for connection to Seller's facilities. Seller shall be responsible for (a) all tapping.and /or
connection fees due the servicing agencies and (b) the cost of physically connecting said
servicing pipelines to Seller's facilities within Seller's property.
Buyer's obligations under this Section 9 shall be binding on the Buyer and its successors
and assigns, and shall be construed and enforced as covenants running with the Premises.
The provisions of this .Paragraph 9 shall be subject to enforcement by any appropriate
action at law or in equity, and shall not be subject to the limitations of Seller's remedies as set
forth in Paragraph 8. The terms and conditions set forth in this Section 9 shall survive closing;
and
WHEREAS, in accordance with the Agreement of Sale, Simon A. Lehman, Jr., and Betty
G. Lehman, husband and wife, conveyed the Undeveloped Tract to Buyer by deed dated
February 6, 2008, and recorded in the Recorder's Office aforesaid as Instrument Number
200803896; and
WHEREAS, Simon A. Lehman, Jr., died on January 28, 2010, survived by his wife,
Betty G. Lehman (Assignor herein), in whom title to the seller's rights in the Agreement of Sale
and the ownership of the Residential Parcel vested absolutely by operation of law as surviving
tenant by the entireties; and
WHEREAS, Betty G. Lehman (Assignor) duly appointed P.. Kenneth Lehman as her
agent and attorney -in -fact by general Power of Attorney dated February 25, 2011 and recorded in
the Recorder's Office aforesaid as Instrument Number 201106452; and
WHEREAS, the said Betty G. Lehman, widow (Assignor) by her agent /attorney -in -fact
as aforesaid, conveyed the Residential Parcel to the Assignees by deed dated. December 28,
2012, and recorded in the Recorder's Office aforesaid as Instrument Number 201240412; and
WHEREAS, the parties hereto desire to further document and confirm their
understanding that the seller's rights quoted above (section 9 from the Agreement of Sale) are
now vested in and owned by Assignees;
NOW THEREFORE, in consideration of these presents and intending to legally bound
hereby, Assignor hereby assigns, transfers and sets over unto Assignees, their heirs and assigns,
all of her right, title and interest in and to the Assignor's rights and subject to the Assignor's
obligations in, to and under the provisions of Section 9 of the Agreement of Sale as set forth and
quoted hereinabove.
IN WITNESS WHEREOF, Assignor has caused these presents to be duly executed by
her agent and attorney -in -fact this 1 day of May, 2013. .
Betty G. Lehman n , ( Assignor)
Kenneth Lehman, agent /attorney -in -fact
Under Power of Attorney dated May 1, 1998,
and recorded in the Recorder's Office
aforesaid on February 25, 2011, as
Instrument Number 201106452.
COMMONWEALTH OF PENNSYLVANIA)
SS.
COUNTY OF CUMBERLAND )
On this the q k day of May, 2013 before me, a Notary Public in and for the
above county and Commonwealth, the undersigned officer, personally appeared, Betty G.
Lehman, by her attorney -in -fact, P. KENNETH LEHMAN, 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 hereunto set my hand and official seal.
COMMO NWEALTH OF PENNSY LVANIA Notary Public
Notarial Seal
Sandra K. Showers, Notary Public
Mechankswrq Bonn, Cumberland County
My Comm"p res Nov. 22, 2015
ttON OF NOTARIES
EXHIBIT "C"
Letter of May 10, 2013
May 10, 2013
Betty G. Lehman
P. Kenneth Lehman, PQA
3872 Henry Road
Chambersburg, PA 17202
Classic Communities Corporation
James A. Halbert
2151 Linglestown Road
Suite 100
Harrisburg, PA 17110
Dear Mr. Halbert,
Thank you for satisfying the payment requirements of the mortgage between Classic Communities
Corporation and Simon A. Lehman, Jr and his wife Betty G. Lehman which began February 6, 2008.
Enclosed is a document entitled "Satisfaction Piece" for you to register with the Cumberland County
Recorder of deeds to show this obligation has been satisfied and completed.:
I
i
Additionally, thank you for confirming your intent to complete the conditions of the "Sales Agreement"
between the afore - mentioned parties dated February 5, 2008 which describes the conditions for
providing public sewer and water to the 233 Skyline Drive property. It is my understanding that
easements and'rights- of=way should be included on the plan as now filed with Silver Spring Township.
Please cause the plan to be amended to show the proposed facilities of sewer and water.
I
I
I
Would you kindly inform me and also my grandson and his wife,'Curtis G. Lehman and Rebekah M,
Lehman, who now own and reside at the 233 Skyline Property, when the provisions for sewer and water
are shown and included on the plans submitted to Silver Spring Township as required in paragraph 9 of
the Sales Agreement. We would also like to be informed of the timing of installations so they can
properly prepare for any updates and remodeling efforts they engage at the property.
Kindest regards,
Betty G. Lehman
r e7eth Lehman, POA
3872 Henry Road
Chambersburg, PA 17202
i
1Ji PRO H��'� `t.
;fib 1t1 7k. ti�
2013 JUL -9 AM .9.
C MSERLAND CojitiT
Richard C. Snelbaker, Esquire PENNSYLVANIA
Attorney ID #06355
Snelbaker & Brenneman, P.C.
44 West Main Street
Mechanicsburg, PA 17055
(717) 697 -8528
Attorneys for Plaintiffs Curtis G. Lehman and Rebekah M. Lehman
CURTIS G. LEHMAN IN THE COURT OF COMMON PLEAS OF
and
REBE.KAH M. LEHMAN, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs,
vs.
CLASSIC COMMUNITIES No. 2013 . - 392-5'
CORPORATION,
Defendant Civil Action - Law
PRAECIPE TO DOCKET ACTION AS LIS PENDENS
TO: Prothonotary of Cumberland County
Please cause this action to be docketed as a lis pendens against the Defendant and its real estate
situated in Silver Spring Township, Cumberland County, Pennsylvania, as more fully described in Deed
from Simon A. Lehman, Jr. and Betty G. Lehman, to the Defendant herein, as recorded in the Office of
the Recorder of Deeds in and for Cumberland County, Pennsylvania, as Instrument Number 200803896.
SNELBAK.ER & BRENNEMAN, P.C.
By:
Ric and C. Snelbaker, Esquire
44 West Main Street
P.O. Box 318
Mechanicsburg, PA 17055 -0318
LAW OFFICES (717) 697 -8528
SNELBAKER &
BRENNEMAN P.C. Dated: ✓Gi
2
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson F Eli- )F� rC
}�0 rY
Sheriff = k fit ,;G 61 1i U i
Jody S Smith
Chief Deputy 2013 JUL 26 Ahl 10: 31
Richard W Stewart F µ I-MBERL AHO CGUN'ry
Solicitor . .r. .y PENSYLVfAN-Z
Curtis G Lehman (et al.) Case Number
V& 2013-3935
Classic Communities Corporation
SHERIFF'S RETURN OF SERVICE
07/09/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Classic Communities Corporation, but was unable to locate the
Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania
to serve the within Complaint&Notice according to law.
07/17/2013 The requested Complaint&Notice and Praecipe to Docket Action as Lis Pendens served by the Sheriff of
Dauphin County upon Gale Haines, Receptionist,who accepted for Classic Communities Corporation, at
2151 Linglestown Road, Harrisburg, PA 17110. Jack Lotwick, Sheriff, Return of Service attached to and
made part of the within record.
SHERIFF COST: $28.46 SO ANSWERS,
4� X�azO-�
July 17,2013 RONW R ANDERSON, SHERIFF
(c)CountySuite Sheriff,Tefeosoft.Inc.
1 _
Shelley Ruhl Jack Duignan
Real Estate Deputy Chief Deputy
Matthew L. Owens Michael W. Rinehart
Solicitor Assistant Chief Deputy
Dauphin County
101 Market Street
Harrisburg,Pennsylvania 17101-2079
ph:(717)780-6590 fax:(717)255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania CURTIS G. LEHMAN AND REBEKAH M.
LEHMAN
VS
County of Dauphin CLASSIC COMMUNITIES CORPORATION
Sheriff s Return
No. 2013-T-2044
OTHER COUNTY NO. 2013-3935
And now: JULY 15, 2013 at 3:26:00 PM served the within NOTICE& COMPLAINT upon
CLASSIC COMMUNITIES CORPORATION by personally handing to GALE HAINES * 1 true
attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents
thereof at 2151 LINGLESTOWN ROAD HARRISBURG PA 17110
AND PRAECIPE TO DOCKET ACTION AS LIS PENDENS
* RECEPTIONIST
Sworn and subscribed to So Answers,
r
before me this 16TH day of July, 2013
Sheriff of uphin C a.
By
COMMONWEALTH OF PENNSYLVANIA S eriff
NOTARIAL SEAL Deputy: W CONWAY
Karen M.Hoffman,Notary Public
City of Harrisburg,Dauphin County Sheriff's Costs: $47.25 7/15/2013
Mv Commission Ex ires August 17,2014