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HomeMy WebLinkAbout06-2707IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jerry Mendelson and Cathy Lee Mendelson, his wife, Plaintiffs V. Harry A. Doyle and Juanita R. Doyle, his wife, Defendants Civil Action No. 2006 - o`t'M7 Judge NOTICE ;LItC` e You have been sued in Court. If you wish to defend against the claims set forth in the following page, 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 claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: 717-249-3166 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans With Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact the office of the Court Administrator. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jerry Mendelson and Cathy Lee Civil Action Mendelson, his wife, Plaintiffs V. No. 2006- <Z767 Harry A. Doyle and Juanita R. Doyle, his wife, Defendants Judge COMPLAINT NOW COME Jerry Mendelson and Cathy Lee Mendelson, his wife, by and through their attorneys, Sharpe & Sharpe, LLP, and file the following complaint against Defendants Harry A. Doyle and Juanita R. Doyle, his wife, of which the following is a statement: 1. Plaintiffs, Jerry Mendelson and Cathy Lee Mendelson, his wife, (hereinafter "Mendelsons") are adult individuals, who reside at 125 North Penn Street, Shippensburg, Cumberland County, Pennsylvania. 2. Defendants, Harry A. Doyle and Juanita R. Doyle, his wife (hereinafter "Doyles"), are adult individuals residing at 82 Walnut Dale Road, Shippensburg, Cumberland County, Pennsylvania. 3. Doyles have legal title to real estate (the "Real Estate") located in Cumberland County, Pennsylvania known and numbered as 125 North Penn Street, Shippensburg, Cumberland County, Pennsylvania. 4. On February 15, 1997, Doyles entered into a Lease with Option to Purchase (hereinafter "Agreement") with Mendelsons whereby Doyles leased the Real Estate to Mendelsons effective February 1, 1997. A true and correct copy of the Agreement is attached hereto as Exhibit "A" and hereby incorporated herein by reference. 5. The Agreement was prepared by Doyles. 6. At the time Mendelsons leased the Real Estate, it was in a run down condition as it had been college student housing prior to this lease. The Real Estate also had burst pipes from lacking heat and damage from an abandoned water bed which had frozen and broken. 7. During their residency of the Real Estate during the time of the Agreement, Mendelsons have rehabilitated the property and expended not less than $14,000.00, plus their sweat equity, to repair, remodel and upgrade the Real Estate. 8. Between February 1, 1997 and April 1, 2005, the Mendelsons promptly made the payments due under the Agreement of $456.42, together with $100.00 to cover taxes and insurance, neither of which figure was ever adjusted during the term. 9. Mendelsons did renew the Agreement every year after February 1, 1998. 10. Under the Agreement, Mendelsons had and exercised the option to purchase the Real Estate with the payments made applied to the purchase price of $45,000.00. 11. With Doyle's knowledge, Mendelsons were unable to obtain mortgage financing on or before February 1, 2002 and so continued making the payments until August 1, 2005. 12. Despite the provision that taxes be escrowed, Doyles failed to pay the taxes since 2003, and Mendelsons have had to pay to prevent the Real Estate from being sold at tax sale. 13. The tax payments made have been over and above the regular payments and escrow payment that Mendelsons have paid to Doyle under the Agreement. 14. The total amount paid by Mendelsons exceeds the sum of $45,000.00 which was the purchase price of the Real Estate. Count I - Specific Performance 15. Paragraphs 1 through 14, above, are hereby incorporated herein by reference. 16. Mendelsons demand Doyles convey the Real Estate to them without further costs and with an adjustment of any closing costs to reflect the amounts they have already paid. WHEREFORE, plaintiffs Jerry Mendelson and Cathy Lee Mendelson hereby request that this Honorable Court order specific performance of the Agreement and direct Defendants Harry A. Doyle and Juanita R. Doyle to provide them with a deed, together with other relief as is fair and equitable. Count II - Declaratory Judgment 17. Paragraphs 1 through 14, above, are hereby incorporated herein by reference. 18. Doyles have threatened Mendelsons with eviction for non-payment. 19. If it be determined that additional sums are due and owing to Doyles under the Agreement, which allegation is specifically denied, then Mendelsons are unsure of what payments are necessary to continue under the Agreement or how much they must pay to exercise their option under the Agreement. WHEREFORE, plaintiffs Jerry Mendelson and Cathy Lee Mendelson hereby request that this Honorable Court enter a declaratory judgment regarding the remaining terms of the Agreement, together with other relief as is fair and equitable. By. ,Attorney for Plaintiffs 257 Lincoln Way East Chambersburg, PA 17201 (717)263-8447 Pa. ID No. 37505 LEASE WITH OPTION TO PURCHASE HARRY A. DOYLE and JUANITA R. DOYLE, referred to as OWNER, and JERRY and CATHY LEE MENDELSON, referred to as TENANT, agree: TENANT leases from OWNER the following described property: 125 NORTH PENN STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA beginning on February 1, 1997 and ending on January 31, 1996, for a total rental of $5,477.04 (five thousand four hundred seventy seven & 4/100 dollars) to be paid as follows $456.42 ( four hundred fifty six & 42/100 dollars) per month, plus the sum of $100.00 (one hundred & 00/100 dollars) per month to be held in escrow to pay the property taxes and insurance on the real estate, in advance, and without demand. This sum will change due to the rise or fall of interest rates once a year. The rent shall be applied to the purchase price of the above described property at the agreed upon sum of $45,000.00 (forty-five thousand & 001100 dollars). TENANT shall follow published rules and regulations concerning parking, noise, and use of facilities. TENANT may not sub-let the premises without the prior written approval of the OWNER. OWNER shall have the right to enter the rented premises for the purpose of inspection. TENANT shall maintain the sidewalks and other outdoor areas in conformity with all applicable rules and regulations. TENANT shall perform regular maintenance and cleaning of heating appliances, at TENANT's expense. All repairs of the structure shall be the responsibility of the tenant. TENANT shall be responsible for any repairs and upgrades that the premises is now in need of. TENANT is leasing the premises on an as is basis. The premises shall be solely occupied as a residential. At the termination of the lease, the structures and alterations shall become the sole property of the OWNER. In the final 45 days of the lease, the OWNER shall be entitled to show the premises to rental applicants. At the conclusion of the lease, the TENANT shall quit the premises and deliver them to the OWNER in as good condition as they were at the commencement of the lease, ordinary wear and tear excepted, except as otherwise stated in lease. This lease shall be subordinate to any mortgages upon the real property, and tenant agrees to execute such estoppel letters, subordination agreements and other materials required by the OWNER. In the event that the leased premises are condemned by lawful authority, oi, destroyed by reasons other than the negligence of the tenant, the lease shall terminate at the time of condemnation or destruction. Any prepaid rent shall be refunded. In the event that the property is partially destroyed or partially condemned for reasons other than the negligence of the TENANT, the rental shall, at the option of the OWNER, cease, or shall proportionally abate. Should there be any unearned prepaid rent, it shall be refunded. Upon restoration of the premises, the full rent shall apply thereafter. The TENANT shall have the option, thirty days prior to the expiration of the lease to renew for a period of twelve months, at a total rental of $5,477.04 ( five thousand four hundred seventy seven & 4/100 dollars) payable at the rate of $456.42 (four hundred fifty six & 421100 dollars) per month, plus the $100.00 (one hundred & 00/100) per month held in escrow for the taxes and insurance. LANDLORD grants to TENANT the exclusive right to an option to purchase the property herein for a gross sales price of $45,000.00 ( forty five thousand & no/100 dollars) with the aforesaid rent being applied to the purchase price beginning with the term of this lease and expiring on February 1, 2002, or, if the lease is earlier terminated, at that time. Until the written exercise of the option, the relationship between the parties shall be solely that of landlord and tenant. At the end of the lease term, TENANT agrees to attempt to get a mortgage loan for the balance of the gross sales price, at that time. If no mortgage loan can be received, an automatic extension of this agreement will be granted, and all terms and conditions of this lease will continue as before. At the signing of this lease, TENANT hereby asserts their right to exercise the right to purchase option herein stated. This contract represents the entire agreement between the parties, and the same may only be changed in writing. In the event that the OWNER takes legal action to enforce the agreement, the TENANT shall pay all costs of enforcement including reasonable attorney's fees. l Dated: HARRY A. OYLE I hereby verify that the statements made in this instrument are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of perjury contained in 18 Pa.C.S. Section 4904, relating to unsworn fa Date: , 20C ul T+. N ca C .? rn 7 CL ?fV't `?j7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jerry Mendelson and Cathy Lee Civil Action Mendelson, his wife, Plaintiffs V. No. 2006 - 2707 Civil Term Harry A. Doyle and Juanita R. Doyle, his wife, Defendants STATEMENT OF INTENTION TO PROCEED To the Court: Plaintiffs Jerry Mendelson and Cathy Lee Mendels intend {proceed with the above captioned matter. Dated: October 23, 2009 J. cDowell Shar`oe A rney for Plaintiffs 207 Lincoln Way East Chambersburg, PA 17201 (717)263-8447 Pa. ID No. 37505 FLED-O i-ICE OF THE PPOi'HOWTA6RY 2009 OCT 26 Ply 4: O 1 PFi N'S`lLVA :PIA. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUI PENNSYLVANIA - ~~=~ ~~ ~. _. ~ ... ,1, _.. ~_:-, Jerry Mendelson and Cathy Lee Civil Action ~ ~ _, _ Mendelson, his wife, 1~ __ Plaintiffs -~- -- v. No.. 2006 - 2707 Civil Term Harry A. Doyle and Juanita R. Doyle, his wife, Defendants STATEMENT OF INTENTION TO PROCEED To the Court: Plaintiffs intend to proceed with the above captio~'e~i~fn~tt~er~ , ~~ ~ r ,. , ; Dated: October 18, 2012 ; , ~ ~~ ! 1 1~ ~`~~ ~ J. ~ cDowell har-pe orney for Plaintiffs 57 Lincoln Way East hamber~sburg, PA 17201 (717)263-8447 Pa. ID No. 37505