The URL can be used to link to this page

Home My WebLink About02-1130 SAIDIS SHUFF, FLOWER & LINDSAY ATIDI~YS*AT*LAW 26 W. High Street Carlisle, PA HARRY P. CLEVER, JR., VS. G. CAROL SAPHORE, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002- //.~ CIVILTERM ACTION IN EJECTMENT NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, PA 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY ATTORI~YS'*AT*LAW W. High Street Carlisle, PA HARRY P. CLEVER, JR., VS. G. CAROLSAPHORE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002- iJ~) CIVIL TERM .' : ACTION IN EJECTMENT COMPLAINT COUNT I - EJECTMENT NOW comes Plaintiff, Harry P. Clever, Jr., by and through his counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, and files this Complaint, alleging in support thereof the following: 1. Plaintiff, Harry P. Clever, Jr., is an adult individual residing at 1202 Creek Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, G. Carol Saphore, is an adult individual residing at 1285 Boiling Springs Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. Plaintiff is the owner of the premises situate and known as 1285 Boiling Springs Road, Boiling Springs, Cumberland County, Pennsylvania 17007 (the "Property") by a Deed dated November 1, 1982, and recorded at Deed Book "Y" Volume 29, Page 483 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania (the "Deed"), and the seller under the Agreement of Sale dated March 14, 1983, and recorded in Miscellaneous Book 284, Page 819, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania (the "Agreement"). A true and correct copy of the Deed and the Agreement are attached hereto as Exhibits "A" and "B" respectively and made a part hereof. SAIDIS SHUFF, FLOWER & LINDSAY ATtORNeYS*AT*lAW 26 W. High Street Carlisle, PA 4. Plaintiff agreed to sell the property to Defendant under the terms and conditions set forth in the Agreement. 5. The Agreement obligates Defendant to pay a total consideration of $29,900.00 to Plaintiff for the purchase of the Property. Monthly installments of $238.84 were due and payable beginning on April 14, 1983, and payable on the 14th day of each month thereafter for a period of 120 months. All remaining principal and any unpaid interest was due and payable in full on March 14, 1993 according to the Agreement. 6. Defendant last made a payment to Plaintiff of $238.84 on March 15, 1993. Due to prior irregularities in payments from Defendant, the payment made on March 15, 1993 leaves a principal balance owing of $11,619.90. 7. Interest is due on the unpaid balance according to the terms of the Agreement at 12% per annum. As of August 14, 2001, interest of $12,549.49 is due with a per diem rate thereafter at $3.82. 8. The Agreement also obligates Defendant to pay the taxes, municipal assessments and utility charges, if any, relating to the property. For the period from 1989 through 1993, a total of $2,376.27 for delinquent taxes was paid by Plaintiff because Defendant failed to pay such amount when due. 9. By letter dated July 19, 2001, Plaintiff was notified that Monroe Township had placed a municipal lien for sewer connection in the amount of $3,000.00 against the property, together with interest in the amount of 10%, along with penalties and costs including attorneys' fees. The amount of the municipal lien and all costs as specified therein is due and owing by Defendant in accordance with the Agreement. A true and 2 SAIDIS SHUFF, FLOWER & LINDSAY A~ITOI~N~YS~AT*LAW 26W. High Street Carlisle, PA correct copy of the letter and the municipal lien is attached hereto as Exhibit "C" and made a part hereof. 10. The Agreement also obligates the Defendant to pay to Plaintiff attorneys' fees of five (5%) percent of the unpaid amounts. 11. Defendant is in default of her obligations as Buyer under the terms of the Agreement for failure to pay to Plaintiff, when due, the monthly installment amounts, the outstanding principal balance, the interest outstanding and accruing, the delinquent taxes, and the municipal lien as set forth in the above paragraphs. 12. Plaintiff, by Act 91/6 Notice sent on August 31, 2001, notified Defendant of her default under the terms of the Agreement and demanded that Defendant cure the default within 30 days of the date of the Notice. The Notice also contained the required information regarding foreclosure. A true and correct copy of the Notice sent on August 31,2001 is attached hereto as Exhibit "D" and made a part hereof. As of the date hereof, Defendant has failed and refused to cure the 13. default. 14. Plaintiff has exercised his option under the Agreement to terminate the Agreement of Sale without further notice to Defendant. 15. As of the date of this Complaint, Defendant continues to occupy the Property. WHEREFORE, Plaintiff prays this Honorable Court enter judgment in favor of Plaintiff and against Defendant, G. Carol Saphore, for possession of the property known and numbered as 1285 Boiling Springs Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 3 SAIDIS & LINDSAY A'I'rOI~I~E~*AT*LAW 26 W. High Street (:arlisle, PA COUNT II - LOSS OF RENTAL INCOME 16. Paragraphs 1 through 15 inclusive are incorporated herein by reference as though here set forth at length. 17. The Agreement requires Defendant to pay to Plaintiff, in addition to the monthly installment of principal and interest due under the Agreement, all taxes, municipal assessments, utility charges, and interest on the unpaid amounts. 18. Despite Plaintiffs demand, Defendant has failed to pay to Plaintiff the outstanding principal and interest, the delinquent taxes, a municipal lien, and interest on these unpaid amounts since the last payment made on March 15, 1993. 19. The Agreement requires Defendant to forfeit all monies paid as liquidated damages, representing the fair rental value of the Property during the time for which the monthly installments were paid. 20. The Agreement requires Defendant to pay to Plaintiff attorneys' fees of five (5%) percent of the unpaid principal sum, which includes any obligation paid by Plaintiff on behalf of Defendant. 21. An itemized computation of the amount due to Plaintiff by Defendant for the period of August 14, 1992 through August 14, 2001 at $238.84 per month, as a result of Defendant's default under the Agreement, is as follows: A. Outstanding principal balance accrued: $11,619.90 B. Interest at 12% through August 14, 2001: $12,549.49 C. Delinquent taxes for 1989 through 1993: $ 2,376.27 D. Other municipal lien for sewer connection: $ 3,000.00 Plus interest at 10%, penalties and costs, Including attorney fees for Monroe Township SAIDIS SHUFF, FLOWER & LINDSAY ATroRNEYS*AT*LAW 26 W. High Street Carlisle, PA Attorney's fees at five (5%) percent of unpaid amount due: Sub-total due to Plaintiff as of August 14, 2001 per diem interest of $3.82 from August 15, 2001 to date of the Verification [March 5, 2002] Sub-total due to Plaintiff as of March 5, 2002 $1,487.27 $ 31,032.93 $771.64 $ 31,804.57 22. the Agreement. WHEREFORE, Plaintiff prays this Honorable Court enter judgment against Defendant, G. Carol Saphore, in the amount of $31,804.57 plus additional per diem interest as provided in the Agreement and including reasonable attorney's fees at five (5%) percent of the unpaid principal and costs. Respectfully submitted, Penalties for non-payment continue to accrue under the terms and conditions of SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff ., Esquire ID# 27742 ~' 26 West High Street Carlisle, PA 17013 (717) 243-6222 VERIFICATION I, THE UNDERSIGNED, HEREBY VERIFY THAT THE STATEMENTS MADE HEREIN ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. § 4904, RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: MADE THE 1st dar o! November in the lle~r o! our Lord on~ thousand sine hundre8 eighty-two. BETP/EEN QUENTIN L. ZELL, Adminletrator of the Estate ot Ruth Louise Zell. late of Monroe Township, Cumberland County, Pennsylvania, deceased, party of the first part, ORANTOR, AND HARRY P. CLEVER. JR., and MIRIAM O. CLEVER, husband and wife, of South MIddleton Township (R. D. #2, Race Street, Boiling ~prings), Cumberland County, Pennsylvania, party of the second part, GRANTEES, WHEREAS, Ruth Louise Zell died on July 19, 1982, unmarried and intestate, seized in fee of the hereinafter described real estate, and, WHEREAS; Letters of Administration on th~ Estate bt Ruth Louise Zell were issued by the Cumberland County Register of Wills to Quentin L. Eell on August 2, 1982, which Letters of Administration remain in full force and effect, and, WHEREAS, Section 3351 of the Probate, Estate, and Fiduciaries Code (20 p. S. 3351) gives a personal representative power to sell at public or private sale any real property not specifically devised, and, and, WHEREAS, the hereinafter described premtses were not specifically devised, WHEREAS. no bond was required of Quentin L. Zell as Administrator of the Estate of Ruth Louise Zell, deceased, Ca.'nb Co., Pa. _J~2~' R~:I .state Transfer Tall //:/-s '- Rrnt/~o .~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENt OF REVENUE 483 NO~' THIS INDENTURE IVITNESSETH, t/~et tho eatd Om~ntor, ;or ~.~ ~. ~o~em~. of ~ae ~.m of Twenty Thousand and no/]00 ................. ............ ($20, 000. 00) ............. Dol~r~ ~/~ m~ of ~ to him in h~nd ~id b~ t~ ~ O~ntees rcc~ipt w~ereo[ ~ her~b~ a~l~ed at ~ before th~ sealin~ a~ deliuer h~reo/, the ao~, ~i~ned, rele~d a~ ~on~ed. and bg th~ presen~, has granted, baroained doe~ gmat, ~gatn, taR, alien, rel~ a~ ~u~ unto the ~id ~ G~nteea. their heirs and assigns, aa tenants by the entl~ties, ALL ~at ce~ain house and lot of g~uM located in the Village of Churchtown, sometimes known a~ the Vil~ge of Alle~ In Monroe Tow~hip, Cumberland County, Pennsylvania, bounded and described aa follows: B~G~ ~t a point, formerly ~ white' ~k tree, at the Intersection of ~e aou~e~ line of Pennsylvania Rte. 174, formerly known as Church ~et and now ~own aa Boill~ Springs Road, and the eastern line of a ten-feet wide alleyt thence from said point at the Place of Beginnl~ along ~e eastern line of said ten-feet wide alley southwa~ly a distance of 170 feet to a poiut on ~e no~he~ line of a 14-feet wide alleyl thence along ~e no~ern line of said 14-feet wide alley In an easterly dl~ctton a dla~ance of 46 feet to a po~t at Corner of Lot formerly of Carrie ~pangler and ~dmond Quigley a~ now or formerly of Bowman; ~enea along line of said lot now or formerly of Bowman In a no~herly direction a distance of 170 feet to said Bolling Springs Ro~, formerly known as Chu~h Strait thence weatwa~ly alo~ ~ southern line of said Bolling ~ad, to~erly ~own aa Ghu~ ~et, a distance of 46 feet to a point at ~e Place of BEGgiNG. ~ ABO~ desc~bed tract of land has ~e~on e~cted a two sad one-half sto~ frame dwelll~ house and other Impalements. knows sad numbe~d as 128~ Boilin~ Sp~n~s Road, T~ ABOVE described t~act of land Is all of the p~pe~y which L, Zell and Wife, ~ Deed dated April i9, 1944, and reco~ed on April Z6, 1944, in the Office of ~e Reco~e~ of Deeds in a~M for Cumberland Coun~ at CarlYle, Pennsylvania, In Deed Book "V", Volume 12, Pa~e 13, ~mnted and COnvey~ to Ruth L, Zel~ whose Administ~to~ ie the Grantor he~, T~ ~ID Ruth L, Zell and Ruth Louise Zell we~ one a~ the same pereoa, a~ her Administ~tor Is the Grantor TOGETHER with ali and elngular the'buildings, wa~so waters, water-Oourses, rights, liberties, privileges, hzr~di~m~ a~ a~rt~nco so~v~r th~ta bel~gi~g. ~ i~ a~z a~ining, a~ the r~z~ and r~inde~, ~sues a~ pm~ts thereof; and ~o. all th~ ester, ~gh~, title, i~est, ~z, t~t, pr~e~, posses- sion, v~im a~ d~ma~ whatsoz~, off ~e ~ald Ruth Louise Zell at the Hme of her death, i~ ~w, ~i~ or oth~ ~wso~r, oL i~, to or out o~ th~ sam~: TO HAVE AND TO HOLD, the said buildings, hsreditam~nts and premises hsrsb~t granted amc released, or mentioaed and intend so to b~, th~ appurt~n~es~ u~ th~ ~ G~ntees, their heir8 a~d ~sig~. to ~ /or th~ o~ ~ ~ a~ be~o[ si th~ ~a~ G~nteea, their het~ or assign~ ~or~ver. And the said Grantor does covenant , promise and agree , to and wis the said Grantees, their heirs end ea$tgn$, ~ these ~es~, t~ he iht ~aid O~ntor ha z not do~, ~mmittsd, ~ ~1~ ~ ~ilii. g{~ ~ug~rtd ta bt dont or ~mRtzd, a,~ ~at. ~tter or thing ~o~o~ wh~eb~ the pr~e~ here~ gmntsd, or a~ part tkereoL ~, ar~, shoe or ma~ be imp~kzd, charged ~ in~b~ed, i~ title, oharge, es~t~, or otk~e howsoever. WITNESS the 'du~ ex~ti~ ~o~ th~ ~, ~.tk and ~ear first ab~z o! the Estate AT~EST: $~ats o! pennsylvania County o/ Cumberland ~ ss. On this, the let the u~sig.ed o~cer, p~ app~re~ Quentin L. Zell, Admtntst~tor of the ~state of Ruth Louise Zell, deceased. the ~Mts o/ pennsylvania Co~1~ contai~d. In wi~n~s whereoL I her~n~ ............... MY COMMI~ION EXPIR~ AUOU~ C~RTIFICAT~ OF R~EID~HCE .................. i ............. do herebl~ esrtt~V that tho pres/ss residence of th~ ~thta ~ed g~ntse ~ R. D. ~2, Race ~et, Boiling S~ngs, Pennsyl~nta Hovember 1, 1~ 82 ........................ ~0o~29 ~t~t 485 AGREEMENT OF SALE ARTICLES OF AGREE~iENT, made the 14th day of Harch 1983, between IIARRY p. CLEVER, JR. and MIRIAM G, CLEVER, his of R. D. 2, Boiling Springs. Pennsylvania, AND G. CAROL SAPIIORE of R. D. 6~ 1319 Church Street, Carlisle, ~ITNESSETII: That the said party of the first part for the consideration hereinafter mentioned and contained, agrees tq sell and convey unto the said party of the second part her heirs and assigns, the following tract of land: ALL that certain house and lot of ground located in the Village of Cburchtown, sometimes known as the Village of Allen, in Monroe Township, Cumberland County, Pennsylvania, bounded a~d described as follows: · BI!GINNiNG at a point, formerly a white oak tree, at the intersection of the southern line of Pennsylvania Route 174, fqrmerly known as Church Street and now known as Boiling Springs Road, and the .eastern line of a ten-feet wide alley; thence from said point at tile place of Beginning along the eastern line of said ten-feet wide alley southwardly a distance of 170 feet to a point on the 'northern line of a 14-feet wide alley; thence along the northern line of said 14-feet wide alley in an easterly direction a distance of 46 feet to a'post at corner of Lot now or formerly o£ Bowman; thence along line of said lot now or formerly of Bowman in a northerly direction a distance of 170 feet to said Boiling Springs Road, formerly known as Church Street; thence westwardly along the southern line of said Boiling Spt'inNs Road, formerly known as Church Street, a distance of 46 feet to a point at the place of Beginning. TIlE ABOVE described tract of land bas thereon erected a two and one-half story frpme dwelling house and other improvements known and numbered as 1285 Boiling Spring Road. BEING the same premises which Questin L. Zell, Administrator of the Estate of Ruth Louise Zell, by deed dated November. l, 1982, and recorded in Cumberland County Deed Book 29 "Y" 483~ granted and conveyed to llarry p. Clever, Jr. and bliriam G. Clever, his wife, Grantors herein. IN CONSIDERATION IfllEREOF, the said party of the second part agrees to pay to the said party of the first part therefor, tile sum of TIqENTY-NINE THOUSAND NINE HDNDRED DOLI.ARS ($29,900.00), as follows: TEN TIIOUSAND DOLLARS ($10,000.00) upon the execution of this Agreement of Sale, the receipt whereof is hereby acknowledged, hy tile party of the first part, and the balance of NINETEEN THOUSAND NINE HUNDRED DOLLARS ($19,900.00), with int6rest thereon at the rate of twelve percent (121) per annum on the unpaid nrincipal balance payable in monthly installments of $238.84, as f~llows: The first payment beginning on the 14th day of April, 1983, and payable on the 14th day of each month thereafter for a period of 120 months, and any unpaid balance of interest and all of the remaining principal to be paid in full 120 months from the date hereof on the 14th day of March~ 1993. ~00~ 28.] ~c[ 819 '. IN ADDITIO~ to the said monthly installments on account of purchase price and interest thereon, the said party of the second part agrees to pay the taxes, municipal assessments, utility charges, if any, make all necessary repairs to the premises, and to keep in force not less than $29,000.00 of Fire Insurance with extended coverage, with loss payable to the parties hereto as their interests may appear, copy of said policy shall be sent to the party of the first part. THE PARTY of the second part shall have the privilege of paying as much more than the required monthly installment of principal and interest as they desire, and nothing contained in this Agree- ment shall be construed to limit them to said amount. ALL payments shall be made to the party of the first part at R. D. 2, Boiling Springs, Pennsylvania 17007. IT 'IS ALSO AGREED between the parties hereto, that possession of the said premises shall be delivered to the said party of the second part on the }~ day of /~f~¢~ , 1983, and that said party'of the second'part shall be entitled to receive rents, issues and profi, ts therefrom, from said date of delivery of possession, subject to the conditions herein set forth. THE PARTY of the second part agrees not to make any substan- tial alteration of the condition of the premises or of the buildings thereon erected without first securing the written consent and approval of the party of the first part. TAXES for prior years have been paid. Taxes for the current year shall be pro-rated betwedn the parties hereto using the fiscal year of the taxing authorities as the basis, and ~ /~_, 1983, as pro-rating date. When legal title is"takcn by the party of the second part, party of the first part shall pay one-half of the State and Local Taxes then in effect, up to a maximum of $299.00, and the party of the second part shall pay the remainder. TMIS AGREEMENT shall not be assigned without the written consent of the Seller, and any attempt to assign the same, except by survivorship, will or intestacy, shall operate as a default and entitle the Seller, at his option, to invoke one or more of the default provisions and penalties under this agreement. UPON compliance with the foregoing terms and conditions and payment of the said purchase price in full by the said party .... of the s~cond part, the said party of the first part will, at their own proper cost and charge, make, execute aud deliver to the said party of the second part, a good and sufficient deed for the proper ' conveying and assuring of the said premises, in fee simple, free from all ~ncumbrances, dower and right of dower, subject only to easements and restrictions, visible or of record, such conveyance to contain the usual covenants of general warranty. IN TUE EVENT the Seller shall default in the payment of any debt or obligation which is or shall become a lien or charge upon the herein conveyed real estate, then the Buyer shall have the right to pay said debt or obligation on behalf of Seller and deduct any amount so paid from the balance due under this agreement. IN the event the said party of the second part shall fail to make said monthly payments as aforesaid for the space of thirty (30) days after the same shall have become due and'payable by the terms hereof, or if a breach of any of the foregoing conditions be made by the said party of the second part, then and in such case this Agreement shall become null and void and ghe said party of the second part shall forfeit all monies then paid as liquidated damages, representing the fair 'rental value of the property during the time the same shall have been occupied by the party of the second part. IF DEFAULT shall be made in the payment of any monthly installment as aforesaid, or a breach of any of the conditions of this Agreement shall be made by the party of the second part, the .. entire principal sum remaining unpaid shall become due and payable at once and may be collected by suit or otherwise; and the Prothonotary or any attorney of any court of record of Pennsylvania or elsewhere is hereby authorized and empowered to appear for and confess judgment against the said party of the second part and in favor of the party of the first part for the whole amount of said principal sum remaining unpaid, together with interest, costs of suit, release of errors, attorney's commission of five percent and waiving inquisitions and exemptions. UPON the breach of any of the covenants or conditions of this Agreement, or upon its termination by forfeiture, the Prothonotary or any attorney of any Court of Record of Pennsylvania, is hereby authorized to appear for and to confess judgment in an amicable action of ejcctment against the said party of the second part and in favor of the said party of the first part for the premises herein described, and to direct the immediate issuing of a Writ of Possession with clause of execution for costs, waiving all irregularities, without notice and without leave of Court, and with Two Hundred ($200.00) Dollars added as reasonable attorney's fee. ' ACCEPTANCE by the party of the first part of of the aforesaid monthly payments after the same shall havea~come past due and in default, or any failure to enforce any of the rights herein reserved to the parties of the first part, or any of the penalties, forfeitures, damages or conditions hereln contained, shall not in any wise be considered a waiver of th~ right to enforce the same at any time without notice whatsoever, and any attempt to collect the amount due by one proceeding shall not be considered a waiver of the right tO enforce any of the other proceedings BOOK 28.1 e4C[ 821., horel~ contained, but all o£ the rights o£ the party of the first ~art, and all forfeitures, penalties, damages and conditions may e enforced together or successively at the option of the party of the first part. NO MODIFICATION o£ this Agreement shall be binding upon the party of the first part, unless the same shall be in writing and duly approved by the party of the first part. THE interest of the party of the second part in this Agree- ment shall not be assignable, in whole or in part, ~ithout the prior written consent and approval o£ the party of the £irst part, and if such assignmcnt is attempted, all rights and remedies of the party of the first part set forth herein or which the party of the first part may otherwise have, shall immediately accrue to the party of the first part. Transfer of title by ~ill, survivorship or by descent shall not be regarded as an assignment requiring the consent and approval of the party of the first part. THIS AGREENENT is to extend to and be binding upon the heirs, successors, executors, administrators and assigns of the parties IN WITNESS WHEREOF, the parties hereto have executed this Agreement,' cons.isting of ~o~t'~ pages, the day and year first above vritten. (SEAL} 281 ~Ac[ %,.. COUNTY OF CUHB£RLAND ~ SS On this, the 14thday of Hatch , 1983, before me. the undersigned officer, personally appeared Harry p. Clever, Jr. and Miriam 6. Clever and 0. Carol Saphore known to me or satisfactorily proven to names a~bscrlbed to the withi- ' __~ the persons whose n lnstru,,,~n~ and acknowledge that executed the same for the purposes therein contained. seal. IN WITNESS WHEREOF~ I have hereunto set my hand and official 284 ~',~c[ t~3 J^MES D. Boo^R ATTORNEY AT LAW ONE WEST MAIN STREET SHIREMANSTOWN, PENNSYLVANIA 17011 e-mail bogarlaw@ezonline.com July 19, 2001 TELEPHONE (717) 737-8761 FACSIMILE (717) 737-').086 VIA CERTIFIED MAIL~RESTRICTED DELIVERY RETURN RECEIPT REQUESTED Harry P. Clever, Jr. Miriam G. Clever 4170 Enola Road Newville, PA 17241 RE: Monroe Township - Municipal Lien for Sewer Connection Dear Mr. and Mrs. Clever: A Municipal Lien for Sewer Connection has been filed with the Cumberland County Prothonotary's Office in the above- referenced matter. A true and correct copy of the Municipal Lien for Sewer Connection is enclosed. Your time and consideration in this matter are greatly appreciated. JDB/blw Enclosure CC: Very truly y~urs, Monroe Townshi~t~ Monroe Township Municipal Authority, Attn: Joanne E. Hollister (w/Encl. - time-stamped copy of the Municipal Lien for Sewer Connection) CERTIFIED MAIL NO. 7000 1670 0000 8944 7566 MONROE TOWNSHIP, Claimant vs. HARRY P. CLEVER, JR. and MIRIAM G. CLEVER, Husband and Wife, Owners IN THE COURT OF COMMON P~AS OF CUMBERLAND COUNTY, PENNSYLVANIA MUNICIPAL LIEN t MUNICIPAL LIEN MU~:ICIPAL LIEN FOR SEWER CONNECTION AND NOW, comes Monroe Township, of 1220 Boiling Springs Road, Mechanicsburg, Pennsylvania, by and through its Solicitor, James D. Bogar, Esquire, and files the following municipal claim against HARRY P. CLEVER, JR. and MIRIAM G. CLEVER, adult individuals, owning property located at 1285 Boiling Springs Road, Boiling Springs, Pennsylvania 17007. HARRY P. CLEVER, JR. and MIRIAM G. CLEVER are the owners of all that certain lot of ground, including any improvements thereon, being more fully described as follows: ALL THAT CERTAIN house and lot of ground located in the Vi!!~ge of Churchtow~, ~ometime~ know~ a~ the Village of Allen, in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, formerly a white oak tree, at the intersection of the southern line of Pennsylvania Rte. 174, formerly known as .Church Street and now known as Boiling Springs Road, and the eastern line of a ten-feet wide alley; thence from said point at the Place of Beginning along the eastern line of said ten-feet wide alley southwardly a distance of 170 feet to a point on the northern line of a 14-feet wide alley; thence along the northern line of said 14-feet wide alley in an easterly direction a distance of 46 feet to a post at corner of Lot formerly of Carrie Spangler and Edmond Quigley and now or formerly of Bowman; thence along line of said lot now or formerly of Bowman in a northerly direction a distance of 170 feet to said Boiling Springs Road, formerly known as Church Street; thence westwardly along the southern line of said Boiling Springs Road, formerly known as Church Street, a distance of 46 feet to a point at the Place of BEGINNING. THE ABOVE described tract of land has thereon erected a two and one-half story frame dwelling house and other improvements known and numbered as 1285 Boiling Springs Road. BEING THE SAME PREMISES which Quentin L. Zell, Administrator of the Estate of Ruth Louise Zell, by Deed dated November 1, 1982 and recorded in the Cumberland County Recorder of Deeds Office on November 1, 1982, in Deed Book Y, Volume 29, Page 483, granted and conveyed unto Harry P. Clever, Jr. and Miriam G. Clever, owners. Tax Parcel No. 22-28-2401-071 Monroe Township hereby files this Municipal Lien for Sewer Connection in the amount of $3,000.00, which connection fee has been duly assessed against Harry P. Clever, Jr. and Miriam G. Clever, adult individuals,~= the ~==~ property d=o~=zb=d *-a from and on June 17, 2001, and for which sum, with interest in the amount of ten (10%) percent, along with penalties and all costs, including attorneys' fees, a municipal lien is claimed against the above-described real property and premises in accordance with the Act of May 16, 1923, P.L. 207, §7, as -2- amended, 53 P.S. §7101, et seq, as amended (Municipal claims and Tax Liens). July 19 , 2001 Dated: MONROE TOWNSHIP _~.~.es..D. B0gW,\ Esquire . Solicitor fo~_~nroe Township Date: August 31, 2001 ACT 91 / 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE To: G. Carol Saphore 1285 Boiling Springs Road Boiling Springs PA 17007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortqaqe on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached paqes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY BE ABLE TO HELP TO SAVE YOUR HOME. This Notice explains how the proqram works, To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet the counselinq aqenc¥. The name. address and phone number of Consumer Credit Counselinq Aqencies servinq your County aro listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housinq Finance Aqencv toll free at t-800-342-2397 (Persons with impaired hearinq may call (717~ 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENClA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Property address: Loan / Account number: Original Lender: Current Lender / Servicer: G. Carol Saphore 1285 Boiling Springs Road, Boiling Springs, PA 17007 Article of Agreement dated 14t~ March 1983 Harry P. Clever, Jr. & Miriam G. Clever Harry P. Clever, Jr. & Miriam G. Clever HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRA,".'. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURF - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (301 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseiinq aqenc~es listeo at the end of this Notice the lender may NOT take action aqainst you for thirty (30) days after the date of this meetinq. The names, addresses and telephone numbers of desiqnated consumer credit counselincl ac~encies for the County in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCF - Your mortgage is in a default for the reason set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Brinq it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: Insert Property Address IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: August 14~, 1992 thru August 14~, 2001 at $238.84 per month. Monthly Payments Plus Late Charges Accrued $11,619.90 Interest @ 12.0% thru August 14, 2001 $12,549.49 Delinquent Taxes for 1989 thru 1993: $ 2,376.27 Other Municipal Lien for Sewer Connection $ 3,000.00 Attorney Fees 5 % Of unpaid amount due per agreement of sale $ 1,487.27 Total amount to cure default $ 31,032.93 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $31,032.93, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check, certified check or money order made payable and sent to: James D Flower, Jr., Esquire, 26 West High Street, Carlisle, PA; Telephone 717-243-6222; Fax 717-243-6486. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riqhts to accelerate the mortqaqe debt. This means the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortqaqe property. IF THE MORTGAGE IS FORECLOSED UPON - The Mortgage property will be sold by the Shedff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to the lender, which may also include other reasonaPle costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the riqht to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by payinq the total amount then past due, plus any late or other charqes then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writinq by the Fender and by performinq any other requirements under the mortqaqe. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: James D Flower, Jr., Esquire, 26 West High Street, Carlisle, PA; Telephone 717-243-6222; Fax 717-24:~-6486. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _ ~ may or X may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OFA DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Cc: Harry P. Clever 1202 Creek Road Carlisle, PA 17013 Very truly yours, SAIDIS, SHUFF, FLOWER & LINDSAY James D. Flower, Jr., Esquire ~, } Douglas G. Miller Irwin McKnight & Hughes 60 West Pomfret Street Carlisle PA 17013 Certified Mail Receipt No. 7099-3400-0018-$000-6778 PENNSYLVANINA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1 (800) 342 - 2397 CUMBERLAND COUNTY Consumer Credit Counseling Service of Westem Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Unlimited 117 West 3"= Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 232-4985 YWCA of Carlisle 301 G Street Cartisle, PA 17013 (717) 243-3818 FAX (717) 243-3948 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Deliver/is desired. · Pdnt your.name and address on the reverse so that we can return the card to you. · Attach this card to the back of the rnailpiece, or on the front if space permits. I. Article Addressed to: G Carol Saphore 1285 Boiling Springs Boiling Springs PA 17007 2. Article Number (Copy from service label) PS Form 3811, July 1999 3. Service Type [~Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail I-I C.O.D. 4, Restricted Delivery? (Extra Fee) J~ Yes Domestic Return Receipt 102595-00-M-0952 ~E,~dorsement Required~ Restricted Deliver'! Fee , ~'b;E ~7~-Z/~ G Carol Saphore ~ 1285 Bo ing Springs ~ Boiling Springs PA 17007 SHERIFF'S RETURN - REGULAR CASE NO: 2002-01130 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLEVER HARRY P JR VS SAPHORE G CAROL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon SAPHORE G CAROL the DEFENDANT at 1285 BOILING SPRINGS ROAD , at 1444:00 HOURS, on the 8th day of March , 2002 BOILING SPRINGS, PA 17007 by handing to G CAROL SAPHORE a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 4 14 00 10 00 00 32 14 Sworn and Subscribed to before me this ~o ~ day of }~t~_.~ ~o~ A.D. ~othonotaE~ ' ' / So Answers: R. Thomas Kline 03/11/2002 SAIDIS SHUFF FLOWER LINDSAY Dep/ty ~She~iJ HARRY P. CLEAVER, JR., Plaintiff, V. G. CAROL SAPHORE, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002 - 1130 CIVIL TERM : : CIVIL ACTION - LAW : ACTION IN EJECTMENT NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: May 3, 2002 IRWIN, McKNIGHT & HUGHES Doughs ~3~Mille'r, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, G. Carol Saphore HARRY P. CLEAVER, JR., Plaintiff, G. CAROL SAPHORE, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 1130 CIVIL TERM : CIVIL ACTION - LAW ACTION IN EJECTMENT DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW this 3R° day of May, 2002, comes the Defendant, G. CAROL SAPHORE, by and through her attomeys, Irwin, McKnight & Hughes, and respectfully files this Answer with New Matter to the Plaintiff's Complaint, and in support thereof avers as follows: are admitted. COUNT I The averments of fact contained in paragraph one (1) of the Plaintiff's Complaint 2. The averments of fact contained in paragraph two (2) are admitted. 3. The averments of fact contained in paragraph three (3) are admitted. 4. The averments contained in paragraph four (4) are admitted in part and denied in part. It is admitted that Defendant agreed to purchase the Property and entered into the Agreement attached to Plaintiff's Complaint. The remaining averments contained in paragraph four (4), including any inference that Plaintiff by his actions did not alter the terms of the Agreement, are specifically denied and strict proof thereof is demanded at trial. 5. The avei-i~ents contained in paragraph five (5) are admitted in part and denied in part. It is admitted that initially upon signing the Agreement Defendant agreed to pay total consideration of $29,900.00 for the purchase of the Property and that an initial $10,000.00 was paid upon execution of the Agreement. The remaining averments contained in paragraph five (5) are specifically denied and strict proof thereof is demanded at trial. 6. The ave,ments contained in paragraph six (6) are specifically denied and strict proof thereof is demanded at trial. 7. The averments contained in paragraph seven (7) are specifically denied and strict proof thereof is demanded at trial. 8. The averments contained in paragraph eight (8) are denied as stated. It is admitted that the Agreement obligates Defendant to pay the taxes, municipal assessments, and utility charges, if any, related to the Property. However, Plaintiff often refused or failed to forward copies of the tax bills for payment by Defendant. Any remaining averments, including any inference that Defendant is responsible for the taxes Plaintiff refused or failed to forward to her, are specifically denied and strict proof thereof is demanded at trial. 9. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of fact contained in paragraph nine (9) so they are therefore specifically denied and strict proof thereof is demanded at trial. 2 10. The avcm~ents contained in paragraph ten (10) are admitted in part and denied in part. It is admitted that the Agreement provides for the payments of attorney fees of five percent (5%) of the unpaid principal sum. The remaining averments contained in paragraph ten (10), including any inference that the provision is enforceable and that Plaintiff by his actions did not alter the terms of the Agreement, are specifically denied and strict proof thereof is demanded at trial. 11. The averments contained in paragraph eleven (11) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 12. The averments contained in paragraph twelve (12) are denied as stated. It is admitted that Notice as attached to Plaintiff's Complaint was forwarded to Defendant. Any remaining averments in paragraph twelve (12) are specifically denied and strict proof thereof is demanded at trial. 13. The averments cbntained in paragraph thirteen (13) are specifically denied and strict proof thereof is demanded ~tt trial. 14. The averments contained in paragraph fourteen (14) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 15. The averments of fact contained in paragraph fifteen (15) are admitted. WHEREFORE, Defendant G. Carol Saphore respectfully requests this Honorable Court to enter a judgment in her favor and against Plaintiff in this matter, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. COUNT II 16. The averments of fact contained in the Defendant's Answers above are hereby incorporated by reference as if fully set forth below. 17. The averments contained in paragraph seventeen (17) are denied as stated. It is admitted that the Agreement obligates Defendant to pay the taxes, municipal assessments, and utility charges, if any, related to the Property. However, Plaintiff often refused or failed to forward copies of the tax bills for payment by Defendant. Any rema'ming averments, including any inference that Defendant is responsible for the taxes Plaintiff refused or failed to forward to her, are specifically denied and strict proof thereof is demanded at trial. 18. The averments contained in paragraph eighteen (18) are specifically denied and strict proof thereof is demanded at trial. 19. The averments contained in paragraph nineteen (19) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 20. The averments contained in paragraph twenty (20) are admitted in part and denied in part. It is admitted that the Agreement provides for the payments of attorney fees of five percent (5%) of the unpaid principal sum. The remaining averments contained in paragraph twenty (20), including any inference that the provision is enforceable and that Plaintiff by his actions did not alter the terms of the Agreemem, are specifically denied and strict proof thereof is demanded at trial. 21. The avemaents contained in paragraph twenty-one (21) and its subparts are conclusions of law to which no response is required. To the extent that a response is required, the averments in paragraph twenty-one (21) and all of its subparts are specifically denied and strict proof thereof is demanded at trial. 22. The averments contained in paragraph twenty-two (22) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendant G. Carol Saphore respectfully requests this Honorable Court to enter a judgment in her favor and against Plaintiff in this matter, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. NEW MATTER 23. The averments of fact contained in the Answers to the Complaint are hereby incorporated by reference and are made part of this New Matter to the Complaint of the Plaintiff. 24. Defendant has previously requested that Plaimiff or his late wife, Mrs. Miriam G. Clever, forward copies of the tax bills relating to the Property to Defendant for payment. 25. Despite Defendant's requests, Plaintiff has failed and refused and continues to fail and refuse to forward copies of the tax bills relating to the Property to Defendant. 26. As a result of Plaintiff's failure and refusal, Defendant has been forced to obtain information from the Cumberland County Tax Claim Bureau regarding delinquent taxes relating to the Property, and has had to incur the cost and expense to pay the delinquent taxes. 27. Upon information and belief, Defendant has paid significantly more funds to Plaintiff than alleged in his Complaint. 28. On or about March 31, 1997, Defendant paid Plaintiff the sum of $150.00 by money order, which amount is not included in Plaintiff's calculations and which date is beyond the date of last payment alleged by Plaintiff in his Complaint. A true and correct copy of the money order payment is attached hereto and incorporated herein by reference as Exhibit "A." 29. Upon infmmation and belief, Defendant has made other such payments to Plaintiff which records have been misplaced due to the length of time since Defendant's last contact with Plaintiff. 30. During the tem~ of the Agreement between the parties, Defendant usually contacted and corresponded with Plaintiff's late wife, Mrs. Miriam G. Clever. 31. Following the passing of Mrs. Miriam G. Clever, Plaintiff subsequently moved and did not provide Defendant with either a forwarding address or a phone number to enable Defendant to contact Plaintiff. 32. Plaintiff's new address and phone number were not and are not currently listed in any telephone book or location known by Defendant. 33. Plaintiff's Complaint fails to state claims or causes of action upon which relief can be granted. 34. Plaintiff's claims may be barred by the defense of the applicable statute of limitations. 35. Plaintiff's Complaint may be barred by the defense of laches. 36. All or some of Plaintiff's claimed damages are attributable to persons and/or causes other than Defendant. 37. Plaintiff's claims may be barred and/or limited by Plaintiff's failure to mitigate or to properly mitigate his damages. WHEREFORE, Defendant G. Carol Saphore respectfully requests this Honorable Court to enter a judgment in her favor and against Plaintiff in this matter, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. Dated: May 3, 2002 By: Respectfully Submitted, IRWIN, McKNIGHT & HUGHES Do~"~as O.~illei~Esqmre -- Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomf~ct Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant G. Carol Saphore EXHIBIT "A" · PUR SER'S COPY RETAIN THIS PURCHASER'S COPY.'~,T MUST BE INCLUDED WITH ALL REFUND NON REQUESTS. BE SURE TO READ IMPi~FITANT INFORMATION BELOW AND ON BACK. NEGOTIABLE 630:!.23474 PURCHASE AGREEMENT: You, the purchaser, agree that Integrated Payment Systems Inc. need not stop payment ' on or replace or refund a lost or stolen Integrated Payment Systems Inc. Money Order unless (1) you fill in the face of the Money Order completely at the time of purchase, and (2) you report the loss or theft to Integrated Payment Systems Inc. in writing immediately· VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: Fuav 3 , 2002 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a tree and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: James D. Flower, Jr., Esquire Saidis, Shuff, Flower & Lindsay, P.C. 26 West High Street Carlisle, PA 17013 (Attorney for Plaintiff) Date: May 3, 2002 IRWIN, McKNIGHT & HUGHES Douglas (~sMiller, Esquire Supreme C'6urt ID # 83776 West Pomfi'et Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant G. Carol Saphore SAIDIS SHUFF, FLOWER & LINDSAY ATf0RNEYSsATolAW 26 W. High Street Carlisle, PA HARRY P. CLEVER, JR., Plaintiff PENNSYLVANIA G. CAROL SAPHORE Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, :NO. 2002- 1130 : : CIVIL ACTION - LAW : ACTION 1N EJECTMENT CIVIL TERM PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, this o~l~ay of May, 2002, comes the Plaintiff, HARRY P. CLEVER, JR., by and through his attorneys, Saidis, Shuff, Flower & Lindsay, and respectfully files this Plaintiffs Reply to Defendant's New Matter filed in the above- entitled case, and in support thereof states and avers as follows: 23. 24. Plaintiff is not required to reply to averments of fact stated in Defendant's Answer, however, to the extent such facts are incorporated into Defendant's New Matter by paragraph 23, such averments of fact are specifically denied and strict proof thereof is demanded at trial. The averments of fact in paragraph 24 are admitted in part and denied in part. Plaintiff admits that Mrs. Miriam G. Clever is his late wife. Plaintiff specifically denies averments that Defendant requested tax bills relating to the property be forwarded to Defendant and further, specifically denies any inference that such averment would constitute a defense to payment of the taxes or any other amount owing under the Agreement attached to Plaintiffs Complaint as Exhibit "B", and strict proof thereof is demanded at trial SAIDIS SHUFF, FLOWER & LINDSAY ATrOI~,I~gYS*AT*LAW 26 W. High Street Carlisle, PA 25. The averments of fact in paragraph 25 are specifically denied as Plaintiff cannot fail and refuse a request that was not received, and strict proof thereof is demanded at trial. By way of further reply, if such be required, see the above reply to paragraph 24. 26. Plaintiff is without knowledge or information of the averments of fact contained in Paragraph 26, and after reasonable investigation is unable to ascertain whether Defendant obtained information from the Cumberland County Tax Claim Bureau, by force or otherwise, regarding delinquent taxes relating to the Property, and is likewise unable to ascertain whether Defendant has incurred any cost or expense to pay delinquent taxes or if Defendant ever paid delinquent taxes and therefore, these averments of fact are specifically denied and strict proof thereof is demanded at tTial. 27. Plaintiff specifically denies the averments of fact in paragraph 27 that Defendant has paid significantly more funds to Plaintiff than alleged in the Complaint and strict proof thereof is demanded at trial. By way of further answer, Plaintiff admits that in preparation of this Reply he discovered records which indicate Defendant having paid an additional $1,550.00 which was not reflected in the amount shown in paragraph 21, line A, of Plaintiffs Complaint, which amount is hereby amended. 28. The averments of fact in paragraph 28 are admitted. By way of further reply, if such be required, see the above reply to paragraph 27. 29. Plaintiff is without knowledge or infom~ation of the averments of fact contained in Paragraph 29, and after reasonable investigation, admits in part SAIDIS SHUFF, FLOWER & LINDSAY A'I'rORNI~YS*AT.LAW 26W. High Street Carlisle, PA 30. 31. and denies in part. Plaintiff admits that Defendant has made payments as shown to be credited in the Complaint. Plaintiff denies any payment not credited nor shown in the Complaint, as amended by the above reply to paragraph 27, and demands strict proof at trial. By way of further reply, if such be required, see the above reply to paragraph 27. The averments of fact in paragraph 30 are admitted in part and denied in part. Plaintiff admits that Defendant had contacts with Plaintiffs late wife, Mrs. Miriam G. Clever, but denies any inference therefrom that Plaintiff did not have similar contacts or that such averments of fact are a defense to payment under the Agreement attached to Plaintiffs Complaint as Exhibit "B" and strict proof thereof is demanded at trial. The averments of fact in paragraph 31 are admitted in part and denied in part. Plaintiff admits to moving subsequent to the passing of his late wife, Mrs. Miriam G. Clever, however, such move did not occur until the mid-summer of 2000, well after the last payment from Defendant. By way of further reply, if such be required, Plaintiff states that he filed a forwarding order with the United States Postal Service which caused Plaintiffs first class mail to be forwarded to his current address for a period of one year. By way of further reply, if such be required, Plaintiff was contacted by Defendant's attorney, by letter addressed to Plaintiffs current address, at a time when the United States Postal Service continued to forward mail from Plaintiffs old address. Thus, while Plaintiff admits to not having provided Defendant with a forwarding address or phone number, Defendant's attorney had Plaintiffs current address. SAIDI$ SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Plaintiff specifically denies any inference from the avemients of fact in paragraph 31 that would suggest that Defendant is excused from payment obligations expressed in the Agreement attached to Plaintiff's Complaint as Exhibit "B" and strict proof thereof is demanded at trial. 32. Plaintiff admits that his address and phone number were not and are not currently listed in any telephone book, but denies any inference therefrom that Defendant was unaware of Plaintiff's address and strict proof thereof is demanded at trial. By way of further reply, if such be required, see the above reply to paragraph 31. 33. Paragraph 33 is a conclusion of law to which no response is required, however, if such response were required, Plaintiff specifically denies such avem~ents and demands strict proof at thai. 34. Paragraph 34 is a conclusion of law to which no response is required, however, if such response were required, Plaintiff specifically denies such averments and demands strict proof at trial. 35. Paragraph 35 is a conclusion of law to which no response is required, however, if such response were required, Plaintiff specifically denies such averments and demands strict proof at trial. 36. Paragraph 36 is a conclusion of law to which no response is required, however, if such response were required, Plaintiff specifically denies such averments and demands strict proof at thai. SAIDIS SHUFF, FLOWER & LINDSAY ATrOP, I~Y~,AT*LAW 26 W. High Street Carlisle, PA 37. Paragraph 37 is a conclusion of law to which no response is required, however, if such response were required, Plaintiff specifically denies such averments and demands strict proof at trial. WHEREFORE, the Plaintiff, Harry P. Clever, respectfully requests this Honorable Court to enter a judgment in his favor and against Defendant in this matter as stated in the Complaint, together with reasonable costs and attorneys fees, and such other and further relief as this Court deems just and proper. Respectfully Submitted, SAIDIS, SHUFF, FLOWER & L1NDSAY, P.C. By: Forrest N. Troutman, II, Esquire ID# 86575 26 West High Street Carlisle, PA 17013 (717) 243-6222 VERIFICATION I have read the foregoing Plaintiffs Reply to Defendant's New Matter and the factual averments set forth therein are true and concect to my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Date: May~ [, 2002 Harry P. Clever, Jr. SAIDIS SHUFF, FLOWER & LINDSAY ATrORNL"fS,AT*LAW 26W. High Street Carlisle, PA CERTIFICATE OF SERVICE I, Forrest N. Troutman, II, Esquire, do hereby certify that I have served a true and correct copy of the foregoing Plaintiffs Reply to Defendant's New Matter upon the persons }ndicated below by United States first class mail, postage paid, and addressed as indicated below. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plainti/ff Forrest N. Troutman, II, Esquire RECI]:'IENT(S): Douglas G. Miller, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 (Attomeys for Defendant) IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA FRY COMMUNICATIONS, INC., Plaintiff ALABAMA DIRECTORIES, INC., d/b/a ALABAMA DIRECT, Defendant No.: 02-1103 Civil Term AFFIDAVIT OF SERVICE BY MAll, COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) Thomas O. Williams, Esquire, being duly sworn, upon oath, deposes and says as follows: 1. I am the attorney for Fry Communications in the above-entitled case. On March 6, 2002, I caused to be transmitted, by a form of mail requiring a signed receipt, a copy of the complaint filed in this action to the following: Alabama Directories, Inc. d/b/a Alabama Direct. A copy of my transmittal letter is attached hereto as Exhibit "A". 2. I further depose and say that I thereafter received from the Postmaster of Burmingham, Alabama, a return receipt bearing the notation "Date of delivery: 3-11-02." A copy of the official return receipt is attached hereto as Exhibit "B". Sworn to and subscribed before me this 11a, day of June, 2002. ~t ~,~ Pub l>~ic Respectfully submitted, REAGER & ADLER, P.C. Thom~ O.----'~l~s, Esqu~e Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 REAGER & ADLER, PC A'I-FORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP HILL, PENNSYLVANIA 17011-4642 717-763-1383 TELEFAX 717-730-7366 WEBSlTE: ReagerAd~erPC.com THEODORE A. ADLER + DAVID W. REAGER CHARLES E. ZALESKI LINUS E. FENICLE DEBRA DENISON CANTOR THOMAS O. WILLIAMS SUSAN H. CONFA[R JOANNE HARRISON CLOUGH CHRISTINE SCHWAMBERGER Writer's E-Mail Address: tomwil[@epix.net + Certified Civil Trial Specialist March 6, 2002 via Certified Mail/Return Receipt Requested Alabama Directories, Inc. d/b/a Alabama Direct 930 Noble Street Anniston, AL 36201 Rc; Fry Communications, Inc. v. Alabama Directories, Inc. d/b/a Alabama Direct Docket No.: 02-1102 Civil (Cumberland County C.C.P.) Our File No.: 83-032.005 Dear Sir/Madam: Enclosed for service upon you is a Complaint filed in the above captioned matter. If you have any questions, please do not hesitate to contact the undersigned. Thank you. TOW/cmc Enclosure cc: Craig W. Hillwig, Esq. (w/o encl.) Mary Roberts (w/o encl.) Fry Communications, Inc. EXHIBIT "A" I Fry Comm. 17111 1746 2100 0000 1211 RECEIPT 71t 11746210000001211 FROM: SE~!D TO: FEES: TO ~ AL $ 3.60 POSTMARK OR DATE ALABAMA DIRECTORIES, INC- D/B/A ALABAMA DIRECT 930 NOBLE STREET ANNISTON AL 36261 h,lh,lh,.hllh,,t,,llh,hl TAA/TOW REAGER & ADLER, P-C. 2331 MARKET STREET CAMP HILL, PA 17011 A. Received By: (Please PAnt C~arly) 4. Restricted Delivery? 3. Service Type (Extra Fee) [] Yes CERTIFIED 2. Article Number 7111 1746 2100 0000 121t 7111 1746 2100 0000 1211 Article Addressed To: ALABAMA DIRECTORIES, INC. D/B/A ALABAMA DIRECT 930 NOBLE STREET ANNISTON AL 36201 EXHIBIT "B" HARRY P. CLEVER, JR., Plaintiff Vo G. CAROL SAPHORE Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002 - 1130 CIVIL TERM : : CIVIL ACTION - LAW : ACTION IN EJECTME~T PRAECIPE TO WITHDRAW APPEAl TO THE PROTHONOTARy: Please withdraw my appearance on behalf of the Plaintiff, Ha captioned case. SAIDIS, SHUFF, F Attomeys for Plaint: Carli (717) PRAECIPE TO ENTER APPEARAN( TO THE PROTHONOTARy: Please enter my appearance on behalf of the Plaintiff, Hah captioned case. kNCE y P. Clever, Jr., in the above LOWER & LINDSAY, P.C. ff ;le, PA 17013 243 -6222 ~E y P. Clever, Jr., in the above HANFT & KNIGHT P.C. Attomeys for Plaintif eorrest N. Tm utman, II, Esquire ID# 86575 19 Brookwoo~[ Avenue, Suite 106 (C7 lar71~s~e~9P_ 55 7~7013 _CERTIFICATE OF SERVICE I, Forrest N. Troutman, II, Esquire, do hereby certify that !I have served a tree and correct copy of the foregoing Praecipe to Withdraw Appearance and Pra~cipe to Enter Appearance upon the persons indicated below by United States first class mail, indicated below. REC~IENT(S): Douglas G. Miller, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 (Attomeys for Defendant) ostage paid, and addressed as HANFT & KNIGH l', P.C. Attorneys for Plaint ff By:~~~ orrest N. Tmutman, II, Esquire