HomeMy WebLinkAbout02-1733 11. Paragraph 14 of the Agreement sets forth Plaintiff's remedies in the event of Defendants'
default, which said remedies include: "Upon such accrued default, [Plaintiff] may declare [Defendants'] right
of possession terminated, and upon written notice thereof, [Defendants] agrees to surrender the property
immediately."
12. By letter dated February 12, 2002, and again by letter dated February 27, 2002, Plaintiff gave
notice to Defendants of their default of the Agreement for failure to make required payments for the months
of December 2001, January 2002, and February 2002. Copies of the aforementioned notices of default are
attached hereto, made part hereof, and marked Exhibit "B."
13. Defendants failed to cure the default within thirty (30) days after being given notice of said
default as required under the Agreement.
14. By letter dated March 27, 2002, Plaintiff notified Defendants that both the Agreement and
their right of possession of the property was terminated. A copy of the aforementioned notice of termination
is attached hereto, made part hereof, and marked Exhibit "C."
15. Defendants have failed to surrender possession of the Property.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in favor of Plaintiff
and against Defendants for possession of the property herein described: 114 Austin Drive, Enola,
Cumberland County, Pennsylvania.
COUNT II
LOSS OF INCOME
16. Paragraphs one (1).through fifteen (15) are incorporated herein as if fully set forth.
17. Defendants have failed to make all or part of the monthly installment payments of $929.29
pursuant to paragraph 4 of the Agreement for the months of December 2001, January 2002, February 2002,
and March 2002.
18. Plaintiff claims damages in the amount of $3,903.00, plus interest, for Defendants' failure to
make monthly installment payments for the months December 2001 through and including March 2002, which
said amount represents delinquent installment payments of $929.29, together with a $46.46 late charge levied
pursuant to paragraph 4 of the Agreement, for the period of December 1, 2001, up to the termination of the
Agreement on or about March 27, 2002.
19. The fair rental value of the Property is the monthly installment amount of $929.29, payable
pursuant to the Agreement.
20. Plaintiff claims damages for Defendants' unlawful detention of the Property in an amount equal
to the fair rental value of the Property from the termination of the Agreement on or about March 27, 2002, up to
and including the time of trial, less any sums received on account of rent since the termination of the
Agreement.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment against
Defendants for unpaid monthly installments and rent plus interest and costs in an amount to be determined.
:156695
Respectfully submitted,
JOHNSON, DUFFLE, STEWART & WEIDNER
Mic~ae/'J. Cassidy
AttoYrfey ID, No. 62164
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
VERIFICATION
l, JERRY W. SIMPSON, President of Laurel Hills Development Corp., state that I am authorized to
make this Verification on its behalf, and that the statements made in the foregoing Reply to New Matter and
Counterclaims are true and correct to the best of my knowledge, information and belief. I understand that false
statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn
falsification to authorities.
Date:
LAU~,,~.HILLS DEVELOPMENT CORP.
Johnson, Duffle, Stewart & Weidner
By: Michael J. Cassidy
I.D. No. 82164
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attomeys for Plaintiff
LAUREL HILLS DEVELOPMENT CORP.
220 Tory Circle
Enola, Pennsylvania 17025,
Plaintiff
V.
JEFFREY W. CLECKNER
114 Austin Drive
Enola, Pennsylvania 17025
and
SHARON L. SALOV
114 Austin Drive
Enola, Pennsylvania 17025,
jointly and severally,
Defendahts
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - IN EJECTMENT
NOTICE TO DEFEND
To the Defendant:
You have been sued in court. If you wish to defend against the claims set forth in the following pages,
you must take action within twenty (20) days after this complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court your defense or objections to the
claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumber/and County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
!
Johnson, Duffle, Stewart & Weidner
By: Michael J. Cassidy
I.D. No. 82164
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiff
LAUREL HILLS DEVELOPMENT CORP.
220 Tory Circle
Enola, Pennsylvania 17025,
Plaintiff
V,
JEFFREY W. CLECKNER
114 Austin Drive
Enola, Pennsylvania 17025
and
SHARON L. SALOV
114 Austin Drive
Enola, Pennsylvania 17025,
jointly and severally,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.o.
CIVIL ACTION - IN EJECTMENT
AND NOW, this day of April 2002, comes the Plaintiff, LAUREL HILLS DEVELOPMENT CORP., by
and through its undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Complaint, and in
support thereof avers as follows:
1. Plaintiff LAUREL HILLS DEVELOPMENT CORP. ("Laurel Hills") is a Pennsylvania Corporation
with its principal place of business located at 220 Tory Circle, Enola, Cumberland County, Pennsylvania
17025.
2. Defendant JEFFREY W. CLECKNER, a single person, is an adult individual who resides at 114
Austin Drive, Enola, Cumberland County, Pennsylvania 17025.
3. Defendant SHARON L. SALOV, a single person, is an adult individual who resides at 114
Austin Drive, Enola, Cumberland County, Pennsylvania 17025.
COUNT I
EJECTMENT
4. Paragraphs one (1) through three (3) are incorporated herein as if fully set forth.
5. Plaintiff is the owner of certain improved real property located at 114 Austin Drive, Enola,
Cumberland County, Pennsylvania, which said real property is further described as Lot No. 202 on the
Preliminary/Final Subdivision Plan or Lot #147 of Laurel Hills North, dated June 21, 1999, last revised July
21, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 79, Page 96
(hereinafter referred to as the "Property").
6. Plaintiff acquired title to the Property from Midstate Development, Inc., by deed dated
December 22, 1986, and recorded in the office of the Recorder of Deeds of Cumberland County in Deed
Book J, Volume 32, Page 967, which said deed is incorporated by reference as if more fully set forth herein.
7. Defendants are currently in possession of the property, as joint tenants with the right of
survivorship (and not as tenants-in-common), pursuant to a real estate Installment Sale Agreement dated
October 31, 2001, by and between Laurel Hills Development Corp., as "Seller," and Jeffrey W. Cleckner and
Sharon L. Salov, individually and collectively, as "Buyer" (hereinafter referred to as the "Agreement"). A true
and correct copy of the Agreement is attached hereto, made part hereof, and marked Exhibit "A."
8. Under paragraph 4 of the Agreement, Defendants are required to make monthly installment
payments of $929.29, commencing December 1, 2001, and on the first day of each month thereafter until
October 31, 2004, at which time the then-remaining principal balance, together with any accrued and unpaid
interest, shall be paid by Defendants to Plaintiff, in full.
9. Defendants failed to make payments as required under paragraph 4 of the Agreement for the
months of December 2001, January 2002, and February 2002.
10. Defendants are in default of the Agreement for having failed to make the required payments
as set forth above.
11. Paragraph 14 of the Agreement sets forth Plaintiff's remedies in the event of Defendants'
default, which said remedies include: "Upon such accrued default, [Plaintiff] may declare [Defendants'] right
of possession terminated, and upon written notice thereof, [Defendants] agrees to surrender the property
immediately."
12. By letter dated February 12, 2002, and again by letter dated February 27, 2002, Plaintiff gave
notice to Defendants of their default of the Agreement for failure to make required payments for the months
of December 2001, January 2002, and February 2002. Copies of the aforementioned notices of default are
attached hereto, made part hereof, and marked Exhibit "B."
13. Defendants failed to cure the default within thirty (30) days after being given notice of said
default as required under the Agreement.
14. By letter dated March 27, 2002, Plaintiff notified Defendants that both the Agreement and
their right of possession of the property was terminated. A copy of the aforementioned notice of termination
is attached hereto, made part hereof, and marked Exhibit "C."
15. Defendants have failed to surrender possession of the Property.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in favor of Plaintiff
and against Defendants for possession of the property herein described: 114 Austin Drive, Enola,
Cumberland County, Pennsylvania.
COUNT II
LOSS OF INCOME
16. Paragraphs one (1).through fifteen (15) are incorporated herein as if fully set forth.
17. Defendants have failed to make all or part of the monthly installment payments of $929.29
3ursuant to paragraph 4 of the Agreement for the months of December 2001, January 2002, February 2002,
and March 2002.
18. Plaintiff claims damages in the amount of $3,903.00, plus interest, for Defendants' failure to
make monthly installment payments for the months December 2001 through and including March 2002, which
said amount represents delinquent installment payments of $929.29, together with a $46.46 late charge levied
pursuant to paragraph 4 of the Agreement, for the period of December 1, 2001, up to the termination of the
Agreement on or about March 27, 2002.
19. The fair rental value of the Property is the monthly installment amount of $929.29, payable
pursuant to the Agreement.
20. Plaintiff claims damages for Defendants' unlawful detention of the Property in an amount equal
to the fair rental value of the Property from the termination of the Agreement on or about March 27, 2002, up to
and including the time of trial, less any sums received on account of rent since the termination of the
Agreement.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment against
Defendants for unpaid monthly installments and rent plus interest and costs in an amount to be determined.
:156695
Respectfully submitted,
JOHNSON, DUFFLE, STEWART & WEIDNER
Michael. Cassidy
Atto'n'l'ey I.D. No. 82164
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
I, JERRY W. SIMPSON, President of Laurel Hills Development Corp., state that I am authorized to
make this Verification on its behalf, and that the statements made in the foregoing Reply to New Matter and
Counterclaims are true and correct to the best of my knowledge, information and belief. I understand that false
statements made herein are made subject to the penalties of 18 Pa.C.S.^. §4904, relating to unsworn
falsification to authorities.
Date:
LAUd?ILLS DEVELOPMENT CORP.
007130-00073/10.18.01/RHW/KL I/151350.1
INSTALLMENT SALE AGREEMENT
THIS INSTALLMENT SALE AGREEMENT, made this ~l ~ day of ~'c4 ~.~.~,--~ 2001, by and
between LAUREL HILLS DEVELOPMENT CORP., a Pennsylvania corporation, with its principal place of
business located at 220 Tory Circle, Enola (East Pennsboro Township) Cumberland County, Pennsylvania,
hereinafter called "Seller" and JEFFREY W. CLECKNER, single person and SHARON L. SALOV, single
person, as joint tenants with the right of survivorship (and not as tenants in common) hereinafter individually
and collectively called "Buyer."
WI TN E S S E TH:
WHEREAS, Seller is the owner of Lot No. 202, on the Preliminary/Final Subdivision Plan for Lot #147
of Laurel Hills North, dated June 21, 1999, last revised July 21, 1999 recorded in the Office of the Recorder of
Deeds of Cumberland County in Plan Book 79, Page 96, which said real estate is situate in East Pennsboro
Township, Cumberland County, Pennsylvania; and
WHEREAS, Seller has constructed thereon a single family residence municipally known and numbered
as 105 Austin Drive, Enola, Pennsylvania 17025; and
WHEREAS, Buyer desires to purchase said Lot No. 202 together with the single family residence
constructed thereon, and Seller desires to sell the same to Buyer under and subject to the terms and
conditions hereinafter provided; and
WHEREAS, Buyer and Seller desire to confirm their understanding in wdting.
NOW, THEREFORE, the parties hereto, each intending to be legally bound hereby, agree as follows:
1. Recitals. The recitals set forth above are incorporated herein by reference.
2. Subiect Real Estate. The improved real estate which is the subject of this Installment Sale
Agreement is Lot No, 202, Preliminary/Final Resubdivision Plan for Lot #147 of Laurel Hills North, dated
June 21, 1999, revised July 2, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County
in Plan Book 79, Page 96, together with the single family residence constructed thereon, being municipally
007130-00073/10.18.01/RHW/KLT/151350.1
known and numbered as 105 Austin Drive, Enola, Pennsylvania. Said Lot No. 202 is more particularly
bounded and described in Exhibit "A" attached hereto and made part hereof. Said real estate described in
Exhibit "A", together with the improvements erected thereon, are hereinafter called the "Property."
3. Agreement to Sell and Purchase. Under and subject to the terms and conditions hereinafter
provided, Seller hereby agrees to sell and convey to Buyer and Buyer hereby agrees to purchase from Seller
the Property.
4. Purchase Price. The purchase price for the Property shall be the sum of One Hundred Thirty
Nine Thousand Nine Hundred ($139,900.00) Dollars, which said purchase pdce shall be paid as follows:
Down Payment. Buyer has paid to Seller upon execution of the Standard Agreement for the
Sale of Real Estate, dated ., 2001, the sum of One Thousand
($1,000.00) Dollars which sum shall be retained by Seller. Further, Buyer shall pay to Seller
upon execution of this Installment Sale Agreement the sum of Five Thousand Nine Hundred
Ninety Five ($5,995.00) Dollars, which said sum shall be retained by Seller.
Balance. The balance thereof, One Hundred Thirty Two Thousand Nine Hundred Five
($132,905.00) Dollars, shall be paid by Buyer to Seller, together with interest at the rate of
seven and one half percent (7.5%) percent per annum in consecutive equal monthly
installments of Nine Hundred Twenty Nine Dollars and Twenty Nine Cents ($929.29),
commencing December 1, 2001, and on the first day of each month thereafter until October 31,
2004, at which time the then remaining principal balance together with any accrued and unpaid
interest shall be paid by Buyer to Seller, in full. Further, Buyer shall pay to Seller, upon the
execution of this Installment Sale Agreement, interest from the date of the Installment Sale
Agreement through October 31, 2001. The maturity date of this obligation shall be October 19,
2004.
(1)
(2)
Prepayment. Buyer shall have the right to prepay the principal balance of the
obligation, as herein provided, in whole or in part, at any time without penalty or
premium,
Late Charge. Buyer shall pay a late charge equal to five (5%) percent of the monthly
principal and interest payment as herein provided if said monthly installment is not
received by Seller within ten (10) calendar days from the due date of said installment.
5. Existinq Encumbrance. The Property is not subject to the lien of any existing mortgage or
other encumbrance. Seller shall not, in the future, encumber the legal title of the Property by mortgage,
judgment, lien or other encumbrance.
6. Title. At the time of final settlement, as herein provided, Seller shall convey the Property to
Buyer by special warranty deed and title to Property shall be good, marketable fee simple and such as shah be
insured by a reputable title insurance company doing business in the Commonwealth of Pennsylvania at
regular rates. Such title shall be subject to the conditions, restrictions, easement and rights-of-way of record.
7. Possession. Possession of the Property shall be delivered by Seller to Buyer upon the
execution of this Installment Sale Agreement.
8. Future Real Estate Taxes. Buyer shall be and remain responsible for the payment of county,
township and school district real estate taxes assessed with respect to the Property after the date of the
execution of this Installment Sale Agreement. County, township and school district real estate taxes shall be
paid by Buyer to the respective taxing authority not later than the expiration of the "face pedod" and shall,
within thirty (30) days after payment of each tax bill, subject a copy of the paid tax bill to Seller. Failure to pay
real estate taxes, as herein provided, shall be a default hereunder.
9. Sewer, Trash and Utilities. Effective as of the date of the execution of this Installment Sale
Agreement, Buyer shall be responsible to pay all future sewer charges, trash as well as all utilities used or
consumed in connection with the Property, including, but not limited to, electricity, gas, telephone and the like.
Seller shall have the dght, at Seller's option, to require that Buyer provide proof of payment of sewer and trash
charges.
10. Final Settlement. Final settlement shall occur on or before October 31, 2004, at a time and
place mutually agreeable to Buyer and Seller. In the event that Buyer and Seller cannot mutually agree as. to
the time and place of said final settlement then final settlement shall occur on October 31, 2004, at 2:00 P.M.
(prevailing time) in the law offices of Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne,
Pennsylvania. In the event that October 31, 2004, shall fall on a Saturday, Sunday or holiday then settlement
shall occur on the next following business day at the same time and place. Time shall be deemed of the
essence with respect to final settlement.
UU ! 13U-UUU f~ll U. 1 ~.(J1/H. HW/KL17151350.1
11. Delivery of Deed. At the time of final settlement, Seller shall deliver to Buyer, upon payment of
the then remaining principal together with any accrued and unpaid interest, a special warranty deed conveying
the Property to Buyer.
12. Realty Transfer Taxes. All realty transfer taxes assessed in connection with the conveyance
of the Property to Buyer shall be paid one-half (1/2) by Seller and one-half (1/2) by Buyer at the time of final
settlement.
13. Encumbrance by Buyer. Buyer shall not, without the prior written consent of Seller, encumber
Buyer's equitable interest with respect to the Property or any portion thereof.
14. Buyer's Default. Payment of all monies becoming due hereunder by Buyer and the
performance of all covenants and conditions of this Installment Sale Agreement to be kept and performed by
Buyer are conditions precedent to the performance by Seller of the covenants and conditions of this
Installment Sale Agreement to be kept and performed by Seller. In the event Buyer shall fail for a period of
fifteen (15) days after they become due to make any payments required by this Installment Sale Agreement or
should Buyer fail to comply with any other covenant or condition of this Installment Sale Agreement on their
part to be performed, Seller shall give written notice to Buyer of such default and upon failure of Buyer to cure
said default within a period of thirty (30) days after the giving of said wdtten notice, Seller may exemise the
following remedies:
Upon such accrued default, Seller may declare the then remaining principal balance due under
this Installment Sale Agreement, together with any accrued and unpaid interest, to be forthwith
due and payable.
Bo
Upon such accrued default, Settler may declare Buyer's right of possession terminated, and
upon written notice thereof, Buyer agrees to surrender the Property immediately.
Upon such accrued default, Settler may notify Buyer that this Installment Sale Agreement is
terminated. Upon such notice all rights of Buyer under this Agreement shall be null and void
and Buyer thereafter shall have no interest whatsoever in the Property. Seller may
additionally retain all payments made by Buyer and may recover any further payments which
shall then be due and unpaid, or which shall thereafter become due and payable under the
terms of this Installment Sale Agreement, which sums shall constitute liquidated damages (not
as a penalty) under this Installment Sale Agreement, for the use and possession of the Property
O07130-O007 3110.18.01/RHW /KL TI151350.1
by Buyer and to compensate Seller, in part, for the removal of the Property from the market,
and for legal, accounting expenses and other expenses incidental to this transaction.
The foregoing remedies shall not be exhausted by one exercise thereof, but may be exercised as often
as there shall occur defaults by Buyer. Such remedies may be pursued by Seller independently of or in
addition to any other remedy herein provided and any further or other remedies provided by law or in equity.
Seller's failure on any occasion to enforce any dght or exercise any remedy shall not constitute a waiver of any
default or the dght to exercise any remedy. Seller's discontinuance of any action or of its exercise of any
remedy against Buyer shall not constitute a waiver of any dght to pursue and action or exercise any remedy
upon further default.
15. Quitclaim Deed. Buyer, at the execution of this Installment Sale Agreement, shall execute a
Quitclaim Deed for the Property, which Quitclaim Deed shall be held by Seller's attorney. Buyer agrees that in
the event of a default by Buyer, which default Buyer fails to cure within the applicable period set forth in
Paragraph 14 of this Agreement, and upon such default, Seller declares this Agreement terminated, Seller
shall have the right to record said Quit Claim Deed in the Office of the Recorder of Deeds of Cumberland
County.
16. Risk of Loss,. Buyer shall bear the risk of loss of fire, other pedls, storm damage or other
casualty damages to the Property (including the single family residence) occurring on or after the date of this
Installment Sale Agreement.
17. Insurance. Upon the execution of this Installment Sale Agreement and dudng the term of this
Installment Sale Agreement, Buyer shall maintain, at Buyer's expense, fire and casualty insurance insuring the
Property (including the single family residence) against fire other pedls which said insurance shall designate
Seller, as its respective interest may appear, as loss payee or payees. In addition, Buyer shall maintain, during
the term of this Installment Sale Agreement, liability insurance which liability insurance shall designate Seller,
as its respective interest may appear, as an additional insured or insured. Buyer shall, upon the execution of
this installment Sale Agreement, provide evidence to Seller that said fire or casualty insurance and liability
insurance is in effect and shall also provide, upon the execution of this Installment Sale Agreement, evidence
that the first year's premium for said insurance has been paid, in full, by Buyer and shall, thereafter, provide
evidence to Seller that said insurance has been renewed and the premium paid, in full.
UU7130-0L)073/10.18,01/RHW/KLT/151350,1
18. Maintenance.. Buyer shall be responsible to maintain the Property (including the single family
residence) in good order and repair and in substantially the same condition as the Property existed at the time
of the execution of this Installment Sale Agreement, reasonable wear and tear alone excepted.
19. Appliances. All appliances currently in the single family residence shall remain in the
townhouse residence during the term of this Installment Sale Agreement. In the event that any such appliance
must be replaced by Buyer then, in that event, Buyer shall replace said appliance with the same make
appliance or an appliance of equal quality and value.
20. Tender Waived. Tender of the special warranty deed and purchase money, as herein
provided, is hereby waived.
21. Entire Agreement. This Installment Sale Agreement contains the entire agreement by and
between Seller and Buyer and there are no other terms, obligations, covenants, representations, statements or
conditions, oral or otherwise, of any kind whatsoever concerning this sale. The provisions of this Installment
Sale Agreement supersede any and all prior wdtings among the parties.
22. Notices. Unless otherwise provided herein, any notice to be given hereunder by either party to
the other may be made by personal delivery in writing or by certified mail, postage prepaid, return receipt
requested and shall be deemed received as of three (3) days from mailing. Mailed notices shall be addressed
as set below, but each party may change their or its address by giving written notice to the other in accordance
with this Paragraph.
If to Seller:
Laurel Hills Development Corp.
Attention: Donald E. Meske
P. O. Box 323
Berwick, PA 18603
Copy to:
If to Buyer:
Laurel Hills Development Corp.
Attention: Jerry W. Simpson
220 Tory Circle
Enola, PA 17025
Jeffrey W. Cleckner and Sharon L. Salov
114 Austin Drive
Enola, PA 17025
007130-00073/10.18.011RHWIKLTI151350.1
23. Waiver. The failure of either party to insist upon strict enforcement of any of the provisions of
this Installment Sale Agreement shall not constitute a waiver of the dght to enforcement of that provision or any
other provision.
24. Descriptive HeadinRs. The descriptive headings used herein are for convenience only and
they are not intended to indicate all of the matter in the paragraph which follow the descriptive heading.
Accordingiy, descriptive headings have no affect whatsoever in determining the rights and obligations of the
parties under this In.stallment Sale Agreement.
25. Modification. Any change or addition to this Installment Sale Agreement shall be made in
writing and executed by Seller and Buyer.
26. Assi.qnability. Buyer shall not assign all or any part of Buyer's interest under this Installment
Sale Agreement or all or any part of their interest with respect to the Property without the pdor written consent
of Seller, which said consent shall not be unreasonably withheld or delayed.
27. Bindinq Effect. This Installment Sale Agreement shall be binding upon and shall inure to the
benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted
assignees.
28. Time of the Essence. Time is hereby declared to be of the essence with respect to this
Installment Sale Agreement.
29. Recordin.q. This Installment Sale Agreement shall be recorded in the Office of the Recorder of
Deeds of Cumberland County at Buyer's expense. The recorded Installment Sale Agreement shall be returned
to Seller and shall be retained by Seller until final settlement as herein provided.
30. Governinq Law. This Agreement shall be governed by and construed in accordance with the
laws of the 'Commonwealth of Pennsylvania.
007130-00073/10.18.011RHWIKLTI151350.1
IN I/VITNESS WHEREOF, Seller and Buyer, each intended to be legally bound hereby, have executed
this Installment Sale Agreement the day and year first above written.
WITNESS:
WITNESS:
Seller:
LAU~,,~ILLS DEVELOiM~[
By: ~ \~/,,/¥" (SEAL)
Jerry W~ Simp~n, Attorrfey-in Fact
Buyer:
J EF~REY"W. CLE~KNER
SHARON L, SALOV J
007130-00073/10.18.01/R HW/K/T/151350.
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF
SS.
:
On the ~ ~, ~ day of ~, 2001, before me, the undersigned officer, personally
appeared JERRY W. SIMPSON known to me (or satisfactorily proven) to be the person whose name is
subscribed as attorney-in-fact for LAUREL HILLS DEVELOPMENT CORP., a corporation, and that he
executed the foregoing instrument as the act of his principal, for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
I"" NOTARIAL SEAL
DIANNE LENIG, Notary Public
Lemoyne Borough CumI~rland Co.
_My Commission Expires Dec. 21, 20Oi
Notary P~blic
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF
,,
On this the '~ \ '~P"'day of ~_~.z~:._~_~ ^.~ , 2001, before me, the undersigned oMcer,
personally appeared JEFFREY W. CLECKNER and SHARON L. SALOV, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she
executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARIAL SEAL, ~
DIANNE LENIG, Nolary Purb, liu
Lemoyne Borough Cumberland Co.
,My Commission Expires Dec. 21,2001 ..,
Notary Public
007130-O0073/lO.18.01/RHW/KLT/151350,1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
:
: SS.
:
RECORDED on this ~ day of
County, in MISCELLANEOUS BOOK
, PAGE__
, A. D. 2001, in the Recorder's Office of tf~e said
Given under my hand and the seal of the said Office, the date above written.
,, Recorder '
RETURN TO:
Laurel Hills Development Corp.
Attention: Jerry W. Simpson
220 Tory Circle
Enola, PA 17025
',, " 007130-73/10.31.01/RHW/KLT/151352.1
EXHIBIT A
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County
of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the western right-of-way line of the cul-de-sac of Austin Drive,'at the
southeast comer of Lot No. 203 on the hereinafter described Preliminary/Final Resubdivision
Plan; THENCE along the southern line of said lot No. 203, North 81 degrees 20 minutes 49
seconds East, a distance of 93.57 feet to a point on the eastern legal right-of-way line of East
Penn Drive; THENCE along the eastern legal right-of-way line of East Penn Drive, South 16
degrees 46 minutes 40 seconds East, a distance of 182.00 feet to a point on the northern line of
land n/f Jarlyn Farm; THENCE along the northem line of said Jarlyn Farm land South 81
degrees 35 minutes 00 seconds West a distance of 78.53 feet to a point at the easternmost
comer of Lot No. 201 on the hereinafter described Preliminary/Final Resubdivision Plan;
THENCE along the eastern line of said Lot No. 201 North 41 degrees 21 minutes 27 seconds
West a distance of 104.90 feet to a point on the eastern right-of-way line of the cul-de-sac of
Austin Drive; THENCE along the eastem right-of-way line of the cul-de-sac of Austin Drive by a
curve to the left having a radius of 50.00 feet, an am length of 50.00 feet to a point at the
southwest corner of Lot No. 203 on the hereinafter described Preliminary/Final Resubdivision
Plan, the point and place of BEGINNING.
CONTAINING 13,235 square feet, more or less.
BEING Lot No. 202, Preliminary Final Resubdivision Plan for Lot #147 of Laurel Hills North,
dated June 21, 1999, last revised July 2, 1999, and recorded in the Office of the Recorder of
Deeds of Cumberland County, Pennsylvania, in Plan Book 79, Page 96.
BEING IMPROVED with a single family dwelling known as 114 Austin Drive.
SUBJECT TO an Easement for utility installation and maintenance which is reserved on all lots
and such other easements, as may be shown in recorded documents, granted to Public Utility
Companies for utility purposes. Electric service will be supplied only from the underground
distribution system in accordance with then current PP&L Company Tariff provisions.
UNDER AND SUBJECT, NEVERTHELESS, to restrictions, easements, set-back lines and
conditions as now appear of record including, but not limited to, declaration of Covenants and
Restrictions applicable to Final Submission Plan for Laurel Hills North Lots 3 and 4, Section 2,
Section 3, Section 4 and Section 5, East Pennsboro Township, Cumberland County,
Pennsylvania, dated March 25, 1994, and recorded in the Office of the Recorder of Deeds of
Cumberland County, in Miscellaneous Book 469, Page 568.
BEING PART OF THE SAME PREMISES which Mid State Development, inc., by its deed
dated December 22, 1986 and recorded in the Office of the Recorder of Deeds of Cumberland
County, Pennsylvania, in Deed Book J, Volume 32, Page 967, granted and conveyed unto
Laurel Hills Development Corp., the Grantor herein.
JERRY P~ DUI;FIE
RICHARD WA STE"~ART
C. ROY W/EIDNEI~ JI~
EDMLFND G. MYERS
DAVID W/, D£LUCE
R2~LPI-I H, WRIGHT, JP~.
DAVID I. LAN~A.
MARK C, DUFFLE
KEIRSTEN W/ALSH DAVIDSON
MICHAEL I. CASSID¥
ROBERT M. W/ALI(ER
LAW OFFICES
JOHNSON, DUFFIE, STEWART WEIDNER
A Professional Corporation
301 MARKET STREET
P. O. BOX 109
LEMOYNE, PENNSYLVANIA 17043-0109
IJ/ZEBSITE.' ~*wv j'ets~.com
T~T V. PHONE 717-761-45~
FA~I~ 717-76~3015
E-MAIL mai[~j~w.com
HORACE A. JOHNSON
OF COUN5~
WRITER'S EXT. NO. 38
E-MAIL mjc~dsw.com
February 12, 2002
Mr. Jeffrey W. Cleckner
Ms. Sharon L. Salov
114 Austin Drive
Enola, PA 17025
Re: Laurel Hills Development Corp.
Notice of Default / 114 Austin Drive, Enola, Pennsylvania
Dear Mr. Cleckner and Ms. Salov:
Please be advised that we represent Laurel Hills Development Corporation. This letter
serves as notice of default of the Installment Sale Agreement (hereinafter "Agreement"), dated
October 31, 2001, regarding the property you are purchasing at 114 Austin Drive, Laurel Hills
North, Enola, Pennsylvania.
Paragraph 4 of the~ Installment Sale Agreement requires, in part, that you make
consecutive equal monthly installments of $929.29, commencing December 1, 2001, and on the
first day of each month thereafter until October 31, 2004, at which time the then-remaining
principal balance together with any accrued and unpaid interest shall be paid by Buyer to Seller
in full. As of the date of this letter, you have failed to make the monthly installment payments
required under the Agreement for the months of December 2001, January 2002, and February
2002. Furthermore, because you have failed to pay the monthly installments within ten (10)
calendar days from the due date of said installment payments, you have been assessed a late
charge equal to five percent (5%) of the monthly installment payment pursuant to paragraph
4(B)(2). As such, you are currently in default under the Agreement in the following amounts:
Installment Due Date Installment Amount Late Charae Monthly Total
December 1, 2001 $929.29 $46.46 $975.75
January 1,2002 $929.29 $46.46 $975.75
February 1, 2002 $929.29 $46.46 $975.75
Total
Delinquent
Installments $2,927.25
Mr. Jeffrey W. Cleckner/Ms. Sharon L. Salov
February 12, 2002
Page 2
Bounced Check Fee (PNC Check #791, $929.29 NSF) $40.00
Bounced Check Fee (PNC Check #716, $500.00 NSF) $40.00
Bounced Check Fee (PNC Check #719, $500.00 NSF) $40.00
Total Bounced Check Fee $120.00
TOTAL AMOUNT DUE TO CURE DELINOUENC¥
$3.047.25
We reference your letter dated January 9, 2002, to Laurel Hills Development Corporation
indicating your desire to cure the delinquency by making weekly payments in the amount of
$500.00 until the delinquency was paid off. Our client accepted this payment plan, as indicated
in its letter dated January 10, 2002, from Mr. Jerry W. Simpson. However, you have even failed
to make these $500.00 weekly payments as promised.
Because you have failed to make the foregoing monthly installments for a period of
fifteen (15) days after they became due, Laurel Hills Development Corporation is hereby giving
you written notice of default pursuant to paragraph 14 of the Agreement. You hereby have thirty
(30) days from the date of this wdtten notice to cure said default. In the event you fail to cure
said default within thirty (30) days, Laurel Hills Development Corporation may exercise all
remedies available under the Installment Sale Agreement including, but not limited to, declaring
the remaining principal balance due, terminating your right of possession of the property,
terminating the Installment Sale Agreement, retaining all payments made by you to date, and
recovering any further payments which shall then be due and unpaid, or which shall thereafter
become due and payable under the terms of the Agreement.
Please give this matter your prompt attention.
Very truly yours,
JOHNSON, DUFFLE, STEWART & WEIDNER
Michael. Cassidy ~
mmb:154638
7130-73
Sent VIA U.S. Certified Mail No. 7000 0600 0025 5535 9858
cc: Laurel Hills Development Corp.
]ER.R¥ R. DUFFIE
R. ICHARD W. 5TEWAR.T
C. ROY W/EIDNER~
EDMUND O. MYERS
DAVID ~'. DELUCE
I~I.PH H. WRIGHT, IR.
DAVID L LANZA
MARK C. DUFFIE
~IR. ST'I~q WALSH DAVIDSON
MICHAEL J. C-2~SID¥
ROBERT M, WALKER
LAW OFFICES
JOHNSON, DUFFIE, STEWART ~ WEIDNER
A Professional Corporation
301 MARKET STREET
P. O. BOX 109
LEMOYNE, PENNSYLVANIA 17043-0109
W/'EBSITE; ~.jdsw.com
T~I ~PHON~ 717-761o4540
FA~ 717-761-301~
HOP.ACE A. JOHNSON
OF COl~lq$£L
WRITER'S EXT. NO. 38
E-MAIL mjc~dsw.com
February 27, 2002
Mr. Jeffrey W. Cleckner
Ms. Sharon L. Salov
114 Austin Drive
Enola, PA 17025
Re: Laurel Hills Development Corp.
Notice of Default / 114 Austin Drive, Enola, Pennsylvania
Dear Mr. Cleckner and Ms. Salov:
Please be advised that we represent Laurel Hills Development Corporation. This letter
serves as notice of default of the Installment Sale Agreement (hereinafter "Agreement"), dated
October 31, 2001, regarding the property you are purchasing at 114 Austin Drive, Laurel Hills
North, Enola, Pennsylvania.
Paragraph 4 of the Installment Sale Agreement requires, in part, that you make
consecutive equal monthly installments of $929.29, commencing December 1, 2001, and on the
first day of each month thereafter until October 31, 2004, at which time the then-remaining
principal balance together with any accrued and unpaid interest shall be paid by Buyer to Seller
in full. As of the date of this letter, you have failed to make the monthly installment payments
required under the Agreement for the months of December 2001, January 2002, and February
2002. Furthermore, because you have failed to pay the monthly installments within ten (10)
calendar days from the due date of said installment payments, you have been assessed a late
charge equal to five percent (5%) of the monthly installment payment pursuant to paragraph
4(B)(2). As such, you are currently in default under the Agreement in the following amounts:
I
Installment Due Date [ Installment Amount Late Charoe Monthly Total
December 1, 2001 $929.29 $46.46 $975.75
January 1, 2002 $929.29 $46.46 $975.75
February 1,2002 $929.29 $46.46 $975.75
Total
Delinquent
Installments $2,927.25
Mr. Jeffrey W. ClecknedMs. Sharon L. Salov
Februaw 27,2002
Page 2
Bounced Check Fee (PNC Check #791, $929.29 NSF) $40.00
Bounced Check Fee (PNC Check #716, $500.00 NSF) $40.00
Bounced Check Fee (PNC Check #719, $500.00 NSF) $40.00
Total Bounced Check Fee $120.00
TOTAL AMOUNT DUE TO CURE DELINQUENCY
$3,047.25
We reference your letter dated January 9, 2002, to Laurel Hills Development Corporation
indicating your desire to cure the delinquency by making weekly payments in the amount of
$500.00 until the delinquency was paid off. Our client accepted this payment plan, as indicated
in its letter dated January 10, 2002, from Mr. Jerry W. Simpson. However, you have even failed
to make these $500.00 weekly payments as promised.
Because you have failed to make the foregoing monthly installments for a period of
fifteen (15) days after they became due, Laurel Hills Development Corporation is hereby giving
you written notice of default pursuant to paragraph 14 of the Agreement. You hereby have thirty
(30) days from the date of this wdtten notice to cure said default, in the event you fail'to cure
said default within thirty (30) days, Laurel Hills Development Corporation may exercise all
remedies available under the Installment Sale Agreement including, but not limited to, declaring
the remaining principal balance due, terminating your right of possession of the property,
terminating the Installment Sale Agreement, retaining all payments made by you to date, and
recovering any further payments which shall then be due and unpaid, or which shall thereafter
become due and payable under the terms of the Agreement.
Please give this matter your prompt attention.
Very truly yours,
JOHNSON, DUFFLE, STEWART & WEIDNER
M i c h~-'l~l~. ~
mmb:154638.2
7130-73
Sent VIA U.S. Certified Mail No. 7000 0600 0025 5535 9780
cc: Laurel Hills Development Corp.
IER. R.Y I~. DUFFLE
I~ICHAR.D W. STEWART
C. P-DY WEIDNER,
DAVID W. D~LUCE
~PH H. ~IG~, I~
DAVID I. ~
~K C. DUFFLE
~I~ WASH DAVIDSON
MIC~L J. ~SIDY
~OBE~T M. ~ALKE~
LAW OFFICES
JOHNSON, DUFFLE, STEWART WEIDNER
A Professional Corporation
301 MARKET STREET
P. O. BOX 109
LEMOYNE, PENNSYLVANIA 17043-0109
. W'EBSITE: www.jdsw.com
T~ ~PHONE 717-761-4540
FACSIMILE 717o761-3015
E-MAIL mai[(~jdsw.cora
HOB. ACE A. IOHNSON
OF COUNSEL
WRITER'S EXT. NO. 38
E-MAIL mjc~jdsw.c0m
March 27, 2002
Mr. Jeffrey W. Cleckner
Ms. Sharon L. Salov
114 Austin Drive
Enola, PA 17025
Re: Laurel Hills Development Corp.
Notice of Termination of Installment Sale Agreement
Dear Mr. Cleckner and Ms. Salov:
Please be advised that we represent Laurel Hills Development Corporation with respect
to the Installment Sale Agreement ("Agreement") dated October 31, 2001, for the sale of
property located at 114 Austin Drive, Enola, Pennsylvania. Be advised that the aforementioned
Agreement is terminated immediately pursuant to paragraph 14 thereof because of your failure
to cure your default within a period of thirty (30) days after having been given notice.
Pursuant to paragraph 14(B) of the Agreement, your right of possession of the property
is terminated immediately. As such, you are required to surrender the property immediately.
Pursuant to paragraph 15 of the Agreement, Laurel Hills Development Corporation will be
recording the Quit Claim Deed you executed on October 31, 2001, thereby terminating any right
or interest you have in the property. Laurel Hills Development Corporation reserves the right to
exercise each and every other remedy available pursuant to the Agreement. Laurel Hills
Development Corporation will be initiating appropriate legal action for the purpose of enforcing
its rights and remedies available under the Agreement, including but not limited to collection of
all payments which are due or become due.
Please contact this office immediately to arrange for vacation of the property and
payment of all delinquent amounts.
Very truly yours,
mmb:156376
7130-73
JOHNSON, DUFFLE, STEWART & WEIDNER
y
Sent VIA Certificate of Mailing and also VIA Hand-Delivery
cc: Laurel Hills Development Corp.
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-01733 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LAUREL HILLS DEVELOPMENT CORP
VS
CLECKNER JEFFREY W ET AL
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT was served upon
cT.~CKNER JEFFREY W the
DEFENDANT , at 1756:00 HOURS, on the 12th day of April
at 114 AUSTIN DRIVE
ENOLA, PA 17025 by handing to
JEFFEREY W CLECKNER
a true and attested copy of COMPLAINT - EJECTMENT
, 2002
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 11.04
Affidavit .00
Surcharge 10.00
.00
39.04
Sworn and Subscribed to before
me this /~ -~ day of
A.D.
! t~rothonotary ' '
So Answers:
R. Thomas Kline
04/12/2002
JOHNSON DUFFIE STEWART WEIDNER
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CAS~ NO: 2002-01733 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LAUREL HILLS DEVELOPMENT CORP
VS
CLECKNER JEFFREY W ET AL
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT was served upon
SALOV SHARON L the
DEFENDANT , at 1756:00 HOURS, on the 12th day of April
at 114 AUSTIN DRIVE
ENOLA, PA 17025 by handing to
JEFFREY W CLECKNER
a true and attested copy of COMPLAINT - EJECTMENT
, 2002
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this /~ day of
~ ~g~j A.D.
~ / Prothonotary '
So Answers:
R. Thomas Kline
04/15/2002
JOHNSON DUFFIE STEWART WEIDNER
By:
puny Sherin