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J. MICHAEL EAKIN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY/ PENNSYLVANIA
NO, 94-5255
CIVIL ACTION - LAW
v.
MICHAEL J. FINDLEY,
HARRIET E. FINDLEY,
Defendant
CERTIFICATE OF SERVICE
I, Edward E. Guido, Esquire, do hereby certify that a copy
of the Important Notice attached hereto as Exhibits "B" and "C"
was served upon the Defendants, Michael J. Findley and Harriet E.
Findley by certified maiL, return receipt requested, on October
8, 1994. A copy of the return receipts are attached hereto and
made a part hereof.
~
Edward E. Guido, Esquire
Saidis, Guido, Shuff & Masland
SAlOIS, GUIDO.
SHUFF &
MASLAND
26 W, Hlah SUUI
C",II.I..PA
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J. MICHAEL EAKIN,
Plaintiff
IN THE COUR'r OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-5255 Civil Term
v.
MICHAEL J, FINDLEY and
HARRIET E, FINDLEY,
Defendant
CIVIL ACTION - LAW
TO: Michael J. Findley
215 Ridge Hill Road
Mechanicsburg, PA 17013
Date of Notice: 10 I?! tf '(
IMPORTANT NOTICE
.
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10)
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD
ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE
YOU CAN GET LEGAL HELP:
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
AlDIS, GUIDO,
SHUFF ...
MASLAND
16 W, IIllh SIRCl
Carti.I., PA
Q
Edward E. Guido, Esquire
Saidis, Guido, Shuff & Masland
26 West High Street
Carlisle, PA 17013
(717) 243-6222
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J. MICHAEL EAKIN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO. 94-
civil Term
MICHAEL J. FINDLEY and
HARRIET E. FINDLEY,
Defendants
CIVIL ACTION - LAW
COMPLAINT IN EJBCTMBftt
AND NOW, comes the Plaintiffs, by and through his attorneys,
Saidis, Guido, Shuff & Masland, and respectfully avers the
following:
1. plaintiff J. Michael Eakin is an adult individual who
currently resides at 5016 Kylock Road, Mechanicsburg, Cumberland
County, Pennsylvania.
2. Defendants, Michael J. Findley and Harriet E. Findley
are adult individuals who currently reside at 215 Ridge Hill
Road, Silver Spring Township, Cumberland County, Pennsylvania.
3. plaintiff is the owner of certain property located in
Silver Spring Township, Cumberland County, with improvements
SAIDIS, GUIDO,
SHUFF ...
MASLANO
26 W, "Ish 511<<1
Carlhlr. fA
thereon erected known and ,lUmbered as 215 Ridge Hill Road,
Mechanicsburg, Pennsylvania (hereinafter the "property"). A copy
of the Deed to said property as recorded in Cumberland County
Deed Book Y, Volume 27, Page 190 is attached hereto as Exhibit
"All,
4. On March 31, 1993 Plaintiff and Defendants entered into
an Agreement of Sale for the sale and purchase of the property.
2
, .
Plaintiff is in possession of the property pursuant to said
Agreement. A copy of said Agreement of Sale as recorded in the
Office of the Recorder of Deeds in and for Cumberland County in
Miscellaneous Book 440, Page 1009 is attached hereto as Exhibit
"Bn _
5. Pursuant to the aforesaid Agreement, Defendants Findley
were to mdke installment payments of Seven Hundred Seventy-two
($77 2.00) Dollars per month on the last day of each month
commencing April 30, 1993.
6. Pursuant to the aforesaid Agreement, Plaintiff is
entitled to a late charge of Thirty-seven and 50/100 ($37.50)
Dollars for any payment which was not made within 10 days of the
due date.
7. The Defendants are in default under the terms of the
aforesaid Agreement as a result of the following:
(a) They have not made any monthly installments
due as required by Paragraph 2 thereof since the
payment which was due on April 30, 1994.
(b) They have failed to pay the 1994 county and
township taxes within the "face period" as required by
SAlOIS, GUIDO,
SHUFF"
MASLAND
26 W, HI,h s.....t
Cull.I., PA
Paragraph 5 thereof.
(c) They have failed to pay the late charge of
$37.50 due pursuant to Paragraph 4 as a result of the
late payment made for April 1994, and the unpaid
payments due in May, June, July and August of 1994.
3
8. Defendants owe Plaintiff Three Thousllnd Two Hundred
Thirty-eight ($3,238.00) Dollars in unpaid installments and late
charges through August 31, 1994.
9. On July 20, 1994 Plaintiff gave Defendants writtsn
notice of the default as required by Paragraph 12 of the
Agreement.
A copy of the notice sent to each Defendant is
attached hereto as Exhibit "CO.
10. Defendants have failed to cure the aforesaid defaults.
11. Pursuant to Paragraph 12 of the aforesaid Agreement,
Plaintiff has declared the Agreement to be terminated and
directed the Defendants to vacate the premises.
12. Defendants have failed to vacate the premises.
13. Defendants are in possession of the premises without
any authority or justification and as trespassers.
14. As a result of Defendants' unlawful occupation of said
premises, Plaintiff is losing the fair rental value of the
property in the amount of Seven Hundred Seventy-two ($772.00)
Dollars per month from September 1, 1994.
15. Pursuant to paragraph 13 of the aforesaid Agreement,
Plaintiff is entitled to an attorney fee in the amount of Three
Thousand Nine Hundred and Seventy-five ($3,975.00) Dollars.
WHEREFORE,
Plaintiff
judgment
against
the
demands
SAIDIS, GUIDO.
SHUFF "
MASLAND
26 W, Hish Street
CarU,I., PA
Defendants, jointly and severally, for possession of the property
known and numbered as 215 Ridge Hill road, Silver Spring
Pennsylvania,
plus
unpaid
Township,
Cumberland
County,
installments, and late charges in the amount of Three Thousand
4
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.n, 'h....n~ nln, h.n~"d 'n~ &cventy.c Ight (1978).
O"....n LEONARD w. Tll/n and CONNIE J. TRITT, h15 wife of Silver
Spring Township, Cumberland County, PennsYlvania, Grantors,
AND
J. H1C/lAcL EAKIN, single man, of Lower Allen Township,
Cumberland County, Pennsylvania, Grantee,
lV"n',u,h, ,iI.. in ,on,id"..io" a, Fo r ty-anc Thousand ($ 41 ,000.00) . . . . ......
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in h.nJ p,id, .he tree/pI whlfcot II hereby JCkl1owled,rd, .ht IIld GrlMar 5 do
hereby ,unl and convey 10 che uld GunCer I
ALL that certain tract or porcel of land situate In the Township
of Silver Spring, Cumberland County, Pennsylvania, more particularly
bounded and described as fOllows, to wit:
.
BEGINNING at 0 point on the center line of Ridge Rood, at 33.0 feet
wide rlfht of way, at the lands now or formerly of Jasper R. McDonald,
said po nt being 302.5 feet East from the center line of Locust Point
Rdad; thence by the center line of said Ridge Rood North 64 degrees
Fast, 65.0 feet to a point: thence by lands now or formerly of Don
Pottleger South 26 degrees East, a distance of 210.0 feet to a point
at a stake: thence contlnuinR by lands now or late of Don POll leRer
South 64 degrees liest, a distance of 65.0 feet to a point at an iron
pin: thence by lands now or formerly of Jasper R. /fcDonald North 26
degrees liest, a distance of 210.0 feet to a point In the center line
of said Ridge Road, the place of BEGINNING.
HAVING thereon erected a one.story brick dwelling house.
THE ABOVE,descrlptlon Is taken from a suryey of the premises by
Ernest J. Walker, Professional Engineer, dated ,October 21, 1969.
BEING the same premises which Paul W. Smith and Wilma H. Smith, his
wife, by their deed dated September 14, 1973 and recorded In the
Office of the Recorder of Deeds, Cumberland County, PennSYlyanla,
In Deed Book I, Volume 25, Page 908 the same date, granted and con.
veyed unto Leonard W. Tritt and Connie J. Tritt, his wife, Grantors
herein.
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,. "?;' :'", "OBERT p, ZIEGLEEO"S
/ ~,"" ""~~' ;ECOROE" OF llE T'\' _ PA
l ,~A~~EEMENT CUMBERLA~OCOUH
MADE th!1l 31st day'or'/ Harch 19~~.ApU1'ia.nd~~..Je~
J. Michael Eakin, hereinaf~er called S~LLER, ~~Michaell~indley
and lIarriet/v;~indley, husband f.I~d wife, '~ereinafter called ,BUYERS,
WllftREAS' th~ 'part~sJ ci1'~~'f;~'. con'~ideration of\the
mutual cove,nants" contJine~ '!1,e" Ii' d "II' ndin,g. "t~ be legally .....
bound hereb~~ pgree as ~lf~, 'I, ' f1-;",
1. SELLER agrees[t~ e , 9r ~t ~'convey to
BUYERS, who agree to purchase ,and accept,\~hat certain parcel of
real estate further dellcribed in Exhibit A:attached hereto and
incorporated herein by reference, being kno~n and numbered as 215
Ridge lIill Road, Silver Spring Township, Cumberland County,
Pennsylvania.
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2. TIle purchase price shall be $60,000.00, payable as
fOllowsl' $772~00 payable one month from the date hereof, and the
like sum on the same day of each succeeding month for a period of
sixty months, at which time the entire remaining principal
balance shall b~ due and payable together with any unpaid
interest or other charges due at that time. All monthly payments
shall be'applied ~irst ,to int~iest"on the unpaid principal
balance at an annual rate "of '10%, then to late charges if any,
then to reduc~ion of principal.,
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3. Buyers shal~have the, '.ri,ght to prepay the pr incipal
hereof in whole or~in amounts not leap than $500.00 at any time
without penalty. {" . ",,\ ~, . " "1'0'
4. Buyei'~ sh'ail"'~~y ~8 !late'. charge of $37.50 for each
monthly payment not received by Seller:within ten days of the due
date of any payment, hereunder. !
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5. Real Estate ta~es Sh~ll be prorated as of the date
of this Agreement. Thereafter they sha~l. be the sole
responsibility of BUY,ers. , In ;the event, Se,ller receives tax bills
on the property, he shall promptly ,forward ,the same to Buyera.
Buyers agree to pay all such t-:axes:w1thin 'the "face period" Qf
said bills and to provide selle~~~ith'jkoof of payment. In the
event Buyers fail to pay as r~9uired, Seller may in his sole
option pay those bills and add~the amount paid to the principal
due hereunder. Failure to pay any tax on the property before the
same is returned as delinquent shall be a breach of this
Agreement.
6. Upon tender of the full purchase price and interest
due hereunder, Seller shall deliver to Buyers a good and
sufficient warranty deed for the property. Title shall be good
and marketable, such as will be insured at regular rates by a
responsible title insurance company licensed to do business in
Pennsylvania. All real estate tranofer laxeo ohall be divided
equally between the partieo at lhat time.
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7. Buyers shall maintain throughout the term of this
Agreement at their expense, a fire and casualty insurance policy
covering the property, in ah amount not less than the principal
balance owing hereunder, anp shall evidence the same by
forwarding a,copy thereof at the time of this Agreement and
annually thereafter. Said policy shall name Seller as loss
payee, as his interest may appear. ' ,
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8, Buyers acknowlp,0ge that the property is currently
encumbered by obligations given by Seiler to the First Bank and
Trust Co., of Mechanicsburg.lt is agreed t~at Seller may
maintain the same throughout the term hereof and shall remain
current in his obligations. Should Seller become in arrears on
the same, Buyers shall have the right to make payments on said
obligations and deduct those payments from any amounts due by
reason of this Agreement. Seller shall satisfy all obligations
on the property upon receipt of the full principal balance due
hereunder.
9. Buyers shall maintain the property in good repair
and order, in substantially the same condition as exists at this
time, reasonable wear and tear excepted. upon reasonable notice,
Seller may inspect the property to assure the same.
10.
from this date
responsibility
the like.
Risk of loss hereafter shall be on Buyers, and
forward all expenses of the property shall be the
of Buyers, inCluding all assessments, taxes, and
11. Seller specifica~ly reserves the right to transfer
his rights to the property and under this agreement to his sons,
or to a Trust in favor of his sons, no other assignment of his
interests shall be made by seller without writtell approval of
Buyers. No assignments of Buyers' interests hereunder shall be
made without written approval of Seller, which approval shall not
be unreasonably withheld.
12. Performance by ,Buyers of all obligations hereunder
is a condition precedent to p~rf9rmance by Seller. Upon Buybrs'
failure to comply with any provision thereof or breach of any
condition or time of payment, Seller shall give written notice
thereof to Buyers of the default or breach and upon BuyerE'
failure to cure said default or breach within 20 days of said
notice, Seller mBY at his sole option declare the remaining
pr1ncipal balance due hereunder, together with unpaid interest
and late charges, to be immediately due and payable, or may
declare this Agreement terminated and all rights and obligations
hereunder shall terminate and all payments made by Buyers prior
thereto shall be retained by Seller as liquidated damages (not a
penalty) for the use and possession of the property by Buyers and
to compensate Seller in part for removal of the property from the
market, as well an other expenoes incident to this transaction.
"
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13. In the case of any uncured default by Buyers,
Buyers hereby author 12e and empower any attorney of a court of
record to app(!ar for th(!m and conf(!ss judgm(!nt for the then
r(!maining principal balance du(! h(!r(!under, together with interest
unpaid thereon and tog(!ther with a 5% attorney's commission,
waiving the right of exemption and inquisition as far as the
prop(!rty is concerned. NotWithstanding this, Seller may, in
addition to any and all other remedi(!s available at law or
equity, proceed in an action of ejectment on the Agreement after
default, and in such event Buyers hereby empower any attorney of
a court of record to appear for them in an amicable action in
ejectment for the property, to be entered by the Prothonotary, in
which Seller shall be the plaintiff and Buyers shall be the
defendants, and confess judgment for the property and author ize
the immediate issuing of a writ of possession without leave of
court, waiving all stays and exemption laws, and authori~ing an
attorneys fee of 5% of the unpaid balance hereunder.
14. ^ny notice or payment made or due hereunder shall
be delivered to the address each party has made known to the
other this date. ^ny change of mailing address shall be promptly
made known to the other party. Notices hereunder shall be in
writing, and delivered in person or by certified mail, prepaid
and return receipt request(!d, and shall be deemed rece i ved three
days after mailing.
15. This constitutes the entire agreement between the
parties and no modification hereof shall be made except in
writing. It shall be binding upon and inure to the benefit of
the parties, their heirs, personal representatives, successors
and permitted assignees. Time is of the essence hereof. This
Agreement may be recorded by either party in the Cumberland
County Recorder of Deeds Office at that party's expense. This
Agreement shall be governed and interpreted under the laws of
Pennsylvania.
IN WITNESS WHEREOF the parties hereto have set their
hands and seals on the date first above written.
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John lJ, Sllke
Robert C, Slld'l
lldwDrd lJ, (Juldo
(Jeorrrey S, Shurr
Albert II, MullUld
JOhMI J. Pelly
nmolhy M, Aniline
WflIllUIIC.Volll
Law Offlcea
SAlOIS, GUIDO, SHUFF & MASLAND
A 'DOIUSIONAl. CODI'ODATlON
26 West IIIgh Slreet ' Posl Office DOK 560
Carll5le, l'enD5)'lvanll 17013
Telephone: (717) 243.6222 .Pmlmlle: (717) 243.6486
Wtat Sbort O/Dcer
2109 MIIl<et SIrCcI
CIUIlp lilli, PA 17011
Telophoner (117) 737.3405
1'...lmlle: (117) 737.3407
Repl)' 1b Carll.sle
July 20, 1994
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Harriet E. Findley
215 Ridge Hill Road
Mechanicsburg, PA 17055
Re: Eakin to Findley
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Dear Mrs. Findley:
Please be advised that J. Michael Eakin has asked our office
to represent him in connection with a certain installment sales
Agreement dated March 31, 1993 for the premises known and numbered
as 215 Ridge Hill Road, Silver Spring Township, Cumberland County,
Pennsylvania. Please accept this as your formal notice of default
and/or breach under the terms of said Agreement. The incidents of
default and/or breach consist of the following:
1. Failure to pay the late charge of $37.50 due in
connection with the payment which was due on April 30,
1994.
2.
31, 1994
$37.50.
Failure to make the monthly payment due on May
in the amount of $772.00 plus a late charge of
3.
30, 1994
$37.50.
Failure to make the monthly payment due on June
in the amount of $772.00 plus a late charge of
4. Failure to pay the 1994 county and township
taxes within the "face period" as required by paragraph
5 of the Agreement.
.
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