HomeMy WebLinkAbout00-04966
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STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
} 55.
Robert P Ziegler
I, _____________________________________________________.________________________Ilecorderof
Deeds in and for said County and State do 'hereby certify that the Sheriffs Deed in which _u____u__u___
___~er_~Q~~~i~JLJ.~~--------------__________________________________________ ~thegrantee
the same having heen sold to said grantee on the _________________________~:.!:_u__u___u______ day of
_______~~P.::_<:.~~~E____u____u______u___ A. D.. 1001_u__. under and by virtue of a wriL____uu_____
Execution . ed h 12th
________________________________________________ISSU on t e _____________________________________
June A D 200-1; . .
day of ________________n_______. .., _~_n' out of the Court of Cornman Pleas of saId County as of
Civil . 2000
______________________________...._________u_____ __________________________u_____ Tenn, . ______
Number ___~.?_~~______, at the suit of __X~y.!'_t;.Q!.'!U':.~~~!C"_~~].__~~!,l!<_,__~:.?_~~=:__'?~_!_~':_!:~~:__~~~:r
of Dale K Fetrow
________________ _________________ __ against__~~!.lE.x. _~ _~__~~E_o_~~!:t_.! _~E.?_:.:.~~~____ __ ______ _____ is
duly recorded in Sheriffs Deed Book No. ___~~}lu____, Page u~!_(!L____.
IN TESTIMONY WHEIlEOF, I have hereunto
set my hand and seal of said office th~ ____?:_?::__ day
of m__uf!)_~________u_ A. D., All "!L__
~--f}~--~1t~~
Recorder of Deells, Cumberland County, Cart~le, PA
My Commission Expires the First Monday 01 Jan. 2002
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Will
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Keystone Financial Bank, Trustee
Of the trust under will of Dale K.
Fetrow
VS
Randy 1. Atherton and Deborah
E. Atherton
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2000-4966 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made
a diligent search and inquiry for the within named defendants, to wit: Randy 1. Atherton
and Deborah E. Athert<m, but was unable to locate them in his bailiwick. He therefore
deputized the Sheriff of Franklin County, Pennsylvania, to serve the within Real Estate
Writ, Nqtice, Poster and Description according to law. Defendants no longer reside at
408 South Fayette Street,. Shippensbnrg,P A. Post office supplied a forwarding address
of 2087 Ft. Loudon Road, Mercersbnrg, Franklin County, Pennsylvania 17236.
Franklin County Return: Jason Bitner, Deputy Sheriff, who being duly sworn
according to law, says that he made a diligent search and inquiry for the within named
defendant, to wit: Randy Atherton, on July 19,2001, but was unable to locate him in his
bailiwick. He therefor~ returned the Writ of Execution, Not Found, as to the within
named defendant, Randy 1. Atherton. Defendant moved, left no forwarding address. So
Answers: Jason Bitner, Deputy Sheriff.
Franklin County Return: Jason Bitner, Deputy Sheriff, who being duly sworn
according to law, says, that he made a diligent search and inquiry for the within named
defendant, to wit: Deborah E. Atherton, on July 19,2001, but was unable to locate her in
his bailiwick. He therefore returns the Writ of Execution, Not Found, as to the within
named defendant, Deborah E. Atherton. Defendant moved, left no forwarding address.
So Answers: Jason Bitner, Deputy Sheriff.
Robert 1. Fink, Sr., Deputy Sheriff, who being duly sworn according to law,
states that on July 2, 2001 at 11:00 o'clock A.M., EDST, he posted three house trailers
and a main building with a true copy of the within Real Estate Writ, Notice, Poster and
Description located at 408 South Fayette Street, Shippensbnrg, P A 17257, according to
law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after
due and legal notice had been given according to law, exposed the within described
premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County,
Pennsylvania, on September 5, 2001 at 10:00 o'clock A.M., E.D.S.T., and sold the same
for the sum of $127,000.00 to Konrad Strawmyre for Comer Properties LLC. It being
highest bid and best price received for the same, Comer Properties LLC of P.O. Box 147,
Shippensbnrg, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of
$133,165.60.
Sheriff's Costs:
Docketing
Poundage
Posting Handbills
Advertising
$ 30.00
2540.00
15.00
15.00
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This ~ day of {Je1;;J., ,
2001, A.D. c;../rL a. 'nul}" " ~
Prothonotary
;""~>
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
Mileage
Certified Mail
Levy
Surcharge
Out of County
Franklin County
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriff's Deed
Sworn and subscribed to before me
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30"00
10.00
.50
1.00
13.65
4.28
15.00
30.00
9.00
36.02
474.65
384.33
25.66
25.00
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$3,685.59 paid by buyer
10-05-01
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R. Thomas Kline, Sheriff
By~;l~ Sv1/Li th
R aI Es e Deputy
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WRIT OF EXECUTION and/or ATTACHMENT
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COMMONWEALTH OF PENNSYLVANIA)'
COUNTY OF CUMBERLAND)
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NO, 00-4966 CIVIL HK TERM
CIVIL ACTION - LAW
TO THE SHERIFF OF ember] and
COUNTY:
To satisfy the debt, interest and costs due Kpy"t-onp F;nrlnr.irl] Brink Trustee of the
Tmst llT](lAT Will of Dale K. Fetrow PLAINTIFF(S)
from R;;,nrJy f.. At-hArton and Deborah E. Atherton 408 South Fayette Street,
Sl1;pp"nshurg. PE'JUla.
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell
40i> South Fayette Street. Shippensburq, Cumberland County, Pennsylvania
(Sae legal description attached)
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
GARNISHEE(S) as follows:
and to notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) If property ofthe defendant(s) not levied upon an subject to attachment is found inthe possession of anyone other
than a named garnishee, you are directed to notify him/herthaf he/she has been added as a garnishee and is enjoined as above
stated,
LL 5n 'in
Due Prothy nn
Other Costs
Amount Due $13] .03'i R7
Interest July 1 . 7nnn
Atty's Comm %
Atty Paid $11<).07
Plaintiff Paid
Date: ,Tnnp 1/, 2001
Curtis R. Lonq
Prothonotary, Civil Division
by C)'f"-'-' Q. n"U~,./
Deputy
REQUESTING PARTY:
Name RohArt- G. Frey. Eso.
Address: 5 South Hanover Street
Carlisle, Pa. 17013
Attorney for: PlaiPH -F-F
Telephone: (717) ?41-'i838
Supreme Court 10 No, 4(;1<)7
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Interest in the real property $ituated in ~ I~
Cumberland County, Pa., knoV,l(j numbered as: 40 F --&Lc.XIc h.~~
~ and more fUII.~,,;liJeCl on Exhibit "A" filed w'
this writ and by this reference incorporated herein.
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SCHEDULE OF DISTRIBUTION
SALE NO. 50
Writ No. 2000-4966 Civil Term Filed October 5, 2001
Keystone Financial Bank, Trustee of the Trust under will of Dale K. Fetrow
VS
Randy 1. Atherton and Deborah E. Atherton
Date of Sale:
Buyer:
Bid Price:
September 05, 2001
Comer Properties, LLC
$127,000.00
Real Debt
Interest
Attorney writ costs
$131,035.87
2,093.52
139.02
Total
$133,268.41
Distribution
Amount Collected
Legal Search
Local Transfer Tax
State Transfer Tax
Sheriff s Costs
Credit Writ No. 2000-6192 Civil Term
Credit Writ No. 2000-6192 Civil Term
Cumberland County Tax Claim Bureau
Credit Writ No. 2000-4966 Civil Term
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R. Thomas Kline, Sheriff
$133,165.60
200.00
1,712.80
1,712.80
3,685.59
643.80
2,660.00
828.00
121,722.61
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TITLE REPORT
THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING
ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY
EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED.
SHERIFF SALE NO. 50
Held Wednesday, September 5, 2001
Date: September 5, 2001
TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive. Taxes for the current year
2001.
WATER RENT:
SEWER RENT
Company assumes no liability for private supply of water or sewer.
Receipts to be produced if services are lienable.
MECHANICS' AND Possible unftled Mechanics Liens and Municipal Claims.
MUNICIPAL CLAIMS
MORTGAGES: Listed Under Other Exceptions Below.
JUDGMENTS: Listed Under Other Exceptions Below.
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated , 2001, and recorded
,2001, in Cumberland County Deed Book , Page
RECITAL: BEING the same premises which Ray C. Porter and Janet I. Porter, husband and wife,
by deed dated July 23,1987 recorded July 23,1987 in the Office of the Recorder of Deeds in and
for Cumberland County in Carlisle, Pennsylvania in Deed Book "V," Volume 32, Page 31 granted
and conveyed to Dale Fetrow. Being further the same premises which the Executors of the Last
Will and Testament of Dale K. Fetrow by Installment Sale Agreement dated January 22, 1998 and
recorded May 2, 1998 in Miscellaneous Record Book 570. Page 8, agreed to sell to Randy L.
Atherton and Deborah E. Atherton, husband and wife.
OTHER EXCEPTIONS:
I. The identity and legal competency of parties at the closing of this title should be
established to the satisfaction of the closing attorney acting for this Company.
2. Rights or claims of parties in possession, if any, other than the owner.
3. Unrecorded easements. discrepancies or conflicts in boundary lines, shortage in area
and encroachments which an accurate and complete survey would disclose.
4. Payment of State and local Real Estate Transfer Taxes, if required.
5. Public and private rights in the roadbed ofL.R. 28009, known as Mainsville Road.
6. Subject to rights of Conrail Railroad, its successors and assigns in right-of-way
adjoining the subject premises.
7. Possible rights of others in the roadbed of that portion of the premises which is
designated on survey prepared by William A. Brindle, Associates, as being Old
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Fayetteville Road and is noted on said plan as having been abandoned.
8. Complaint filed by Keystone Financial Bank, Trustee of the Trust under Will of Dale K.
Fetrow as Plaintiff against Randy L. Atherton and Deborah E. Atherton as Defendants
in the office of the Prothonotary of Cumberland County to file number 2000-4966.
default judgment in the amount of $131,035.87 entered May 3, 2001.
9. Transcript of Judgment filed on May 5, 2000 by C.FJ.M.A. as Plaintiff against Randy
L. Atherton as Defendant in the Office of the Prothonotary of Cumberland County to
File No. 2000-2832 in the amount of $389.79. Said judgment is against only one of
record owners of equitable interest, but may be a lien on the property in the event of
death or divorce of other equitable owner.
10. Transcript of Judgment filed on May 5, 2000 by C.F.J.M.A. as Plaintiff against Randy
L. Atherton as Defendant in the Office of the Prothonotary of Cumberland County to
File No. 2000-2833 in the amount of $520.85. Said judgment is against only one of
record owners of equitable interest, but may be a lien on the property in the event of
death or divorce of other equitable owner.
11. Municipal lien filed on September 11, 2000 by Shippensburg Township as Plaintiff
against Randy L. Atherton and Deborah E. Atherton as Defendants in the office of the
Prothonotary of Cumberland County to file number 2000-6192 in the amount of
$643.80.
12. Exemplified Record of Judgment filed on December 26, 2000 by SED International, Inc.
as Plaintiff against Randy L. Atherton as Defendant in the Office of the Prothonotary of
Cumberland County to File No. 2000-8787 in the amount of $762.48. Said judgment is
against only one of record owners of equitable interest, but may be a lien on the property
in the event of death or divorce of other equitable owner.
13. Municipal lien ftled on July 27, 2001 by Shippensburg Township as Plaintiff against
Randy L. Atherton and Deborah E. Atherton as Defendants in the office of the
Prothonotary of Cumberland County to file number 2000-6192 in the amount of
$2,660.00.
14. Satisfactory evidence to be produced that proper notice was given to the holders of all
liens and encumbrances intended to be divested by subject Sheriff Sale.
15. Real estate taxes accruing on and after January 1, 2002 not yet due and payable.
It is to be noted that no search of Domestic Relations Records has been made to
determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any
search been made for environmental liens in Federal District Court.
Robert G. Frey, Agent
Note: This Title Report shall not be v lid 0 binding
nntil countersigned by an authorized signa
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REAL ESTATE SALE NO. 50
WIit No, 2000-4966 Civil
Keystone Financial Bank.
Trustee of the Trust Under Will
of Dale K. Fetrow
vs,
Randy L. Atherton and
Deborah E. Atherton
Atty.: Robert G. Frey
ALL THAT certain triangular piece
or parcel of land situate west of Ship-
pensburg. in the Township of Ship-
pensburg, County of Cumberland,
Commonwealth of Pennsylvania.
bounded and described as follows:
BEGINNING at a point at the
northernmost projection of said
tract. in the centerline of Legisla-
tive Route 28009 (MainSVille Road):
thence from said point continuing
in the centerline of Legislative Route
28009. South 29 degrees 58 min-
utes 34 seconds East a distance of
277.57 feet to a point in the:: cen-
terUne of legislative Route 28009;
thence from said point, South 61
degrees 44 minutes 27 seconds
West a distance of 283.91 feet to a
point on the right-of-way line oflands
of Conrail Railroad; thence from
said point along the said Conrail
Railroad Iight-of,way line, North 19
degrees 14 minutes 48 seconds
East a distance of 155.52 feet to a
point; thence from said point and
continuing along the rtght'of-way of
Conrail Railroad. South 74 degrees
52 minutes 26 seconds West a dis-
tance of 23.22 feet to a point along
the rtght 'of-way of the former Old
Fayetteville Road; thence from said
point along the rtght-of-way of the
former Old Fayetteville Road, North
19 degrees 25 minutes 18 seconds
East a distance of 248.22 feet to a
point in the centerline of Legislative
Route 28009 [Mainsville Road). the
Place of BEGINNING,
CONTAlNING .9258 acres, more
or less, as is shown on a survey of
land for Ray C. and Janet I. Porter
prepared by William A. Blindle as-
sociates Surveying dated July 17.
1987.
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THE ABOVE-described tract of
land has thereon erected a concrete
block building which has the mail-
ing address of 408 South Fayette
Street. Shippensburg, Pennsylvania
17257.
TOGETHER WITH that portion
of the property shown on the sur-
vey of land prepared for Ray C. and
Janet I. porter by William A. Blindle
Associates Surveylng dated July 17.
1987. which is identified as the OLD
FAYETTEVILLE ROAD, which is
noted on said plan as having been
abandoned,
THE WITHIN conveyed property
is all of the property which Ray C,
Porter and Janet I. Porter. husband
and wife. by deed dated July 23.
1987. and recorded July 23. 1987.
in the Office of the Recorder of
Deeds in and for Cumberland Coun-
ty at Carlisle. Pennsylvania. in Deed
Book"V". Volume 32. Page 31, grant-
ed and conveyed to Dale Fetrow. It
being also the same premises which
the Executors of the Last Will and
Testament of Dale K. Fetrow. also
known as Dale Fetrow. by Install-
ment Sales Agreement dated Janu-
ary 22. 1998 and recorded March
2 1998 in Miscellaneous Record
B~ok 570. Page 8. did agree to sell
to Randy L. Atherton and Deborah
E. Atherton.
Tax Parcel Nos.: 36-35-2388,018.
36,35-2388,018 TR04313.
36,35,2388,018 TR043 14.
36,35,2388,018 TR06121.
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KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVlL ACTION - LAW
NO. 00-4966 CIVIL TERM
RANDY L. ATHERTON AND,
AND DEBORAH E. ATHERTON
Defendant
AFFIDAVIT PURSUANT TO RULE 3129
M&T Bank, successor by merger of Keystone; Financial Bank, Trustee of the Trust Under
Will of Dale K. Fetrow, Plaintiff in the above-captioned action, sets forth as of the date that the
Praecipe for the Writ of Execution was filed, the following information concerning the real property
located at 408 South Fayette Street, Shippensburg, Cumberland County, Pennsylvania, and more
particularly described in a complete description thereof which is attached hereto as Exhibit "A"
and incorporated herein by reference as though fully set forth, as follows:
1. The name and address of the owner or reputed equitable owner is Randy L.
Atherton and Deborah E. Atherton, whose last known address is 408 South Fayette Street,
Shippensburg, P A 17257.
2. The name and address of the Defendant in the judgment is Randy L. Atherton and
Deborah E. Atherton, whose last known address is 408 South Fayette Street, Shippensburg, PA
17257.
3.
The names and last known addresses of every judgment creditor whose judgment is
a record lien on the real estate to be sold are as follows:
4. The names and addresses of the last recorded holder of every mortgage of record
other than the mortgage which is the subject of this action are as follows: None
5. The names and addresses of all other persons who have any record interest in or
record lien on the real estate and whose interest may be affected by the sale are as follows:
6. The names and address of all other persons of whom the Plaintiff has knowledge
who have any interest in the real estate which may be affected by the sale are as follows:
Randy L. Atherton Shippensburg Township
Deborah E. Atherton c/o Barry L. Negley, Taxcollector
408 South Fayette Street 2 Partridge Trail
Shippensburg, PA 17257 Shippensburg, PA 17257
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Cumberland Franklin Joint Municipal Authority
725 Municipal Drive
Shippensburg, P A 17257
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
Shippensburg Area School District
c/o Barry L. Negley, Taxcollector
2 Partridge Trail
Shippensburg, PA 17257
Shippensburg Township
P. O. Box 2219
Shippensburg, P A 17257
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge, information, and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C. S. 94904 relating to unsworn falsification to authorities.
Date: June 7, 2001
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Robert G. Frey
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KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-4966 CIVIL TERM
RANDY L. ATHERTON AND,
AND DEBORAH E. ATHERTON
Defendant
NOTICE OF SALE OF REAL ESTATE UNDER PA. R.C.P. 3129.2
Robert G. Frey, Attorney for M & T Bank, successor by merger of Keystone Financial
Bank, Trustee of the Trust Under Will of Dale K. Fetrow, Plaintiff in the above captioned action,
being duly sworn, says:
1. The premises which is the subject of this action is 408 South Fayette Street,
Shippensburg (Shippensburg Township), Cumberland County, Pennsylvania. A complete
description is attached hereto and incorporated herein as Exhibit "A".
2. The improvements situate on the premises consists of a garage with apartments and
three mobile homes.
3. The judgment of the Court on which this sale is being held is entered to 00-4966.
4. The names of the equitable owners are Randy L. Atherton and Deborah E. Atherton
and the last known address of the owners is 408 South Fayette Street, Shippensburg, Pennsylvania.
5. The time and place of the Sheriffs Sale is 10:00 a. m. on September 5,2001, in the
Commissioners' Hearing Room, Cumberland County Courthouse, Carlisle, Pennsylvania.
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 advice.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY AVENUE
CARLISLE,PENNSYLVANIA 17013
TELEPHONE: 717-249-3166
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NOTICE OF SCHEDULE OF DISTRffiUTlON
7. A Schedule of Distribution will be filed by the Sheriff on the date specified by the
Sheriff not later than Thirty (30) days after the Sheriff's Sale, and that distribution will be made in
accordance with the Schedule unless exceptions are ftled thereto within ten (10) days thereafter.
JJ
Robert G. Frey, Esquire
Supreme Court Number 46397
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge, information, and belief. 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: June 7, 2001
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~LL TJ:IA T certain triangular piece or parcel of land situate west of Shippensburg, in the
Township of Shippensburg, County of Cumberland, Commonwealth of Pennsylvania bounded and
described as follows: '
BEGINNING at a point at the northernmost projection of said tract, in the centerline of
Legislative Route 28009 (MainsviIle Road); thence from said point continuing in the centerline of
Legislative Route 28009, South 29 degrees 58 minutes 34 seconds East a distance of 277.57 feet to
a point in the centerline of Legislative Route 28009; thence from said point, South 6 I degrees 44
minutes 27 seconds West a distance of 283.91 feet to a point on the right-of-way line of lands
of Conrail Railroad; thence from said point along the said Conrail Railroad right-of-way line, North
19 degrees 14 minutes 48 seconds East a distance of 155.52 feet to a point; thence from said point
and continuing along the right-of-way of Conrail Railroad, South 74 degrees 52 minutes 26
seconds West a distance of 23.22 feet to a point along the right-of-way of the former Old
Fayetteville Road; thence from said point along the right-of-way of the former Old Fayetteville
Road, North 19 degrees 25 minutes 18 seconds East a distance of 248.22 feet to a point in the
centerline of Legislative Route 28009 (Mainsville Road), the Place of BEGINNING.
CONTAINING .9258 acres, more or less, as is shown on a survey of land for Ray C. and
Janet 1. Porter prepared by William A. Brindle Associates Surveying dated July 17, 1987.
THE ABOVE-described tract of land has thereon erected a concrete block building which
has the mailing address of 408 South Fayette Street, Shippensburg, Pennsylvania 17257.
TOGETHER WITH that portion of the property shown on the survey of land prepared for
Ray C. and Janet I. Porter by William A. Brindle Associates Surveying dated July 17, 1987, which
is identified as the OLD FAYETTEVILLE ROAD, which is noted on said plan as having been
abandoned.
THE WITIDN conveyed property is all of the property which Ray C. Porter and Janet I.
Porter, husband and wife, by deed dated July 23, 1987, and recorded July 23, 1987, in the Office of
the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book
"V", Volume 32, Page 31, granted and conveyed to Dale Fetrow. It being also the same premises
which the Executors of the Last Will and Testament of Dale K. Fetrow, also known as Dale Fetrow,
by Installment Sales Agreement dated January 22, 1998 and recorded March 2, 1998 in
Miscellaneous Record Book 570, Page 8, did agree to sell to Randy L. Atherton and Deborah E.
Atherton.
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Tax Parcel Nos.:
36-35-2388-018
36-35-2388-018 TR043 I3
36-35-2388-018 TR04314
36-35-2388-018 TR06121
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REAL ESTATE S/1E No.
REAt ESTATE SAtE No.. 50
Wri' No. 2000.4965
eMJ Term
KeYStone Anancial Bank,
Trustee oi. 'he Trust Under
Will of Oalel<:, Fetrow
V""
Ra~ L Athenon and
'.\,>.'~7 -Deborah E. Atherton '
"i, Atty;R~tG.Frey
,'"i; DESCRIPTION
!tJt~~;:;;,f~~~bl%J;~t; .
;!~.",.:r<iW"~~'~Of"J,f"""~,"",~"C'1u"" of
iC&m~Tla"&"CO;";';6n"6"iifi "of.
' P.'nsYI",,"a. OOondoj and <k."'rifu,d as
' folloWs:
, BEGINNING at a Poi"at <he ""nhem""",
I Projetri6n of S3id tract in the Centerlill!: of
I."giSlative ROute 2.'1(1)<) IMa'",vil/e Road,:
theo", fr"", Mid ""0' "'mioolog io <he
' """Hio, of I."giSlative ROute :z&J69. Somh
' J9 "",rees 58 tniou,es 34 Se<~ods &" a
dj,~iance of 277.57 feet to a POint in the
,',e'."dille of U,gislatiVe Route 28<)(N;
, ~n~ from said POint, South 61 ,degT/,:es 44
I .mjfl~tes 27 Seconds We.sr a, di,~latU;e Of
28:\,91 f"" to a P'"m 00 'he righl'of,way
, Ii", of laods of ('4n<ai1 Ruiltnad; th""",
'fmm ,"<'d poiol aloog lhe "'id Com""
Railroad righl-Q[.W?y line, NOrth 19 degn.'e::.
14 minute.'i- 48 SeCOlld:.; .&is! il diQ-<l.IlCC of
15s:5~ fee< 10 a pili.,: lhe,Ce Irom ""d
' Poifil and COmi,uing 'Ioog Ihe righl.."..\Vay
: (tf O::mmil Rl.li!road. ~'vutl7 7~ degrees 52
tu'ltllltes ~6 ~conds \V~'st a dil>{.'Jl1(;c Qf2.),;!2
, I"" '0 , POint ./ong the righl-o{,way Of the
10""", Old Fayett""iile Road; Ihence from
sai.4 Point along- fhe righl"'Of'WHY of the
fo"",,, Old FaY"I"'ille ROOd. Nonh 19.
,degrcej\ 25 minUtl;'s 18 ~<mds E:a<;{ ;1
..djS{anc~ of U,S.22 feet 10' a point J'r( (fie,
<:t'nl~l:lille of LegisJari't'f: Routt'" 28009
(Mainsvillc r(l<id), rhe Place of
. 131XI/NN1NG.
,CONTAlNINO .9258 acres, mOre Or IcSs. ,L'\
i i,Slip"," nt, J SUnry of land for Ray C and
,Jane< I. Porter Ptep,"'<1 by Willi,,,, A..
' Brindle AS""'rates Surveyiog Oal" July 17,
'987, .
Tf!E AllO'VE-oescnh",j tr;"I ot Jand has
' theteno er"""d a """",Ie O""k huiJd'''g
Which hus the mailing address of ~ South
. Fayette Sir'</, ShlPir<o'burg; Pent"Y'''n"
17257. .
TOcETHE'R WITf! Ihe /JOnion of lhe'
' Pri>Jl"ny 'Jrown "" the ,,"rvey of /aOd
i P"'IMred for Ray C'. "'d Jane, I. !\ml'r hy
Willian, A, Brindl. A"""iates SHr"<Y;ng
'dAiiilJuly 17. 1987. Whieh is identified as
'i!reDLO'f:AYETTEVILLE ROAD, Whi-ch i~
; UOli>! ,on Mid plan " having ",,"0
aOOndonC>d, ,
THE WITHIN 'onVeYed P"""ny is .iI ot
" ti" vr"""ny Whieh "",, C. P""" and Janer
' I. ""net, h"'b'nd and Wile. by a"'d ,",I,,<!
Ju/y 23.,1987, 'ud _'doj 'uly ~J. In~7.
. ilr..lbe Olliee of the Record" of Dee,)s in
,,;,md tor C..ottlOerland (".ouray 011 CarJjsk,',
' feonsYI"'ni" io Deed Book "V", VOlu"",
' 3:1"f~< 31, gran/ed and '''''''eYed. to 0'1.
fWow. II bciog, "'" dr. ""tn. pre",!....,
IVlJICh the E,'ecU((jn; or the L;i..\t Will a11{j
, t"'l'",.", of DuJ, K. Felrow, a/", know" as
; Dale Petrow: by Jnsrullmcnt Sale:'.
Agrcemc;l1/ <lilted Ja!],/Jary 22, 1998 .::md
' recOrdt>d Ma~b 2, lY98 in MiSCell<lflCOoS
ROC"rd boo, 570, Page 8. did ag"'e I" '''',110
,Randy L Atlkrton .and Deborah .E.
:' AlbenQ''!. .
' Tax PiJ'n:..:ct NOs: 36-.15.23&8_018: 36-35-.-
: :?38S,,(l,f.8-, rR04J 13;~, '''Y'''~5~2388.I)/_R
tTRdl;j~:36-15~2,188'0'!81'RIlt>I2!," .'
~-~~~_c~'_~___.r_
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THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No, 587, Approved May 16, 1929
Commonwealth of Pennsylvania, Couotyof Dauphin} ss
James L. Clark being duly sworn according to law, deposes and says:
That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing
under the laws of the Commonwealth of Penosylvania, with its principal office and place of business at 812 to 818
Market Street, in the City of Harrisburg, County of Dauphin, State of Peonsylvania, owoer and publisher of The
Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818
Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published
ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Suoday/ Metro editions which appeared on the 24th and 31st day(s} of July and the 7th
day(s) of August 2001. That oeither he oor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowiedge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said Couoty of Dauphin in MiSCe?eOus Book "M",
'::':~~~:~: ~;;;;;~.;;;;;;;;;;;;;;,;;.!l....'.;;~;;...;~;;;;...... o;..~.~.
S ALE #50 Notarial Soal
Tony L, Russell, Notary Pub
Harrisburg. Oauthln County
Mv C,"nr"lsslol1 Expires June 6, 2082
Mem';~sy"'ani. ASS<lCiallon 01 NOIMvseommission expires June 6, 2002
"
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publicatioo attached
hereto on the above stated dates $
Probating same Notary Fee(s) $
Total $
382.83
1.50
384.33
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
By,."..."..,.,.,.,.,................................................
~.~-~
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REAL _AtIE &ALE NC!l. 50
Wlit No. 2000-4966 Civil
Keystone Financial Bank,
Trustee of the Trust Under Wlll
of Dale K. Fetrow
vs.
Randy L, Atherton and
Deborah E. Atherton
Atty,: Robert G. Frey
ALL'THAT certain triangular piece
or parcel of land situate west of Ship-
pensburg, in the Township of Ship-
pensburg, County of Cumberland.
Commonwealth of Pennsylvania.
bounded and described as follows:
BEGINNING at a potnt at the
northernmost projection of said
tract, in the centerline of Legisla-
tive Route 28009 lMainsville Road);
thence from said point continuing
in the centerline of Legislative Route
28009. South 29 degrees 58 min- :
utes 34 seconds East a distance of I
277.57 feet to a point in the cen-
terline of Legislative Route 2800!;); ,
thence from said point. South 61
degrees 44 minutes 27 seconds
West a distance of 283.91 feet to a
point on the right~f-way line oflands
of Conrail Railroad; thence from
said point along the said Conrail
Railroad rlght'of,way line. North 19
degrees 14 minutes 48 seconds
East a distance of 155.52 feet to a
point; thence from said point and
continuing along the right-of-way of
Conrail Railroad. South 74 degrees
52 minutes 26 seconds West a dis-
tance of 23.22 feet to a point along
the right-aI-way of the former Old
Fayetteville Road; thence from said
point along the right ,of,way of the
fanner Old Fayetteville Road. North
19 degrees 25 minutes 18 seconds
East a distance of 248.22 feet to a
point in the centerline of Legislative
Route 28000 lMainsville Road), the
Place of BEGINNING.
CONTAINING' .9258 acres. more
or less. as is shown on a survey of
land for Ray C. and Janet I, Porter
prepared by WlIMam A. _dIe" As,
~". .L'
sociates Surveying dated July 17,
1987.
TIlE ABOVE-described tract of
land- has thereon erected a concrete
block building which has the mail,
ing address of 408 South Fayette
Street. Shippensburg. Pennsylvania
17257.
TOGETHER WITH that portion
of the property shown on the sur-
vey of land prepared for Ray C. and
Janet L Porter by William A. Blindle
Associates Surveying dated July 17.
1987. which is identified as the OLD
FAYETIEVILLE ROAD. which Is
noted on said plan as having been
abandoned,
THE WITHIN conveyed property
is all of the property which Ray C.
Porter and Janet I. Porter, husband
and wife. by deed dated July 23.
1987. and recorded July 23. 1987.
in the Office of the Recorder of
Deeds in and for Cumberland Coun-
ty at Carlisle. Pennsylvania, in Deed
Book"V", Volume 32. Page 31. grant'
ed and conveyed to Dale Fetrow. It
being also the same premises which
the Executors of the Last Will and
Testament of Dale K. Fetrow. also
known as Dale Fetrow. by Install-
ment Sales Agreement dated Janu-
ary 22. 1998 and recorded March
2. 1998 in Miscellaneous Record
Book 570, Page 8. did agree to sell
to Randy L. Atherton and Deborah
E. Atherton.
Tax Parcel Nos,: 36-35,2388,018.
36,35,2388,018 TR04313.
36,35,2388,018 TR04314.
36,35,2388'018 TR06I2I.
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire, Editor ofthe Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in ,the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
VIZ:
JULY 20, 27, AUGUST 3, 2001
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Q~
Roger . Morgenthal, Editor
""
SWORN TO AND SUBSCRIBED before me this
3 day of AUGUST. 2001
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" N01'ARII\I.
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Cai\lSIeBorQ. CIAb. .'-h 5'
MyCoJMliUlOn EllpiI8I-'" ,
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KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. oo-YCJ(,,(p CIVIL TERM
RANDY L. ATHERTON AND,
AND DEBORAH E. ATHERTON
Defendant
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with 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 LffiERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: 717-249-3166
AMERICANS WITRDISABILITIES ACT OF 1990
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 accomodations available to disabled individuals having business before the court, please
contact our office. 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.
"~
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KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CNIL ACTION - LAW
NO. 00- '1tftt. CNIL TERM
RANDY L. ATHERTON AND,
AND DEBORAH E. ATHERTON
Defendant
COMPLAINT
AND NOW, comes Keystone Financial Bank, Plaintiff, by and through Frey & Tiley
Attorneys at Law and respectfully states as follows:
1. Plaintiff is Keystone Financial Bank, a Corporation, Trustee of the Trust under Will of
Dale K. Fetrow. Plaintiff s address and place of business is 1 West High Street, Carlisle,
Cumberland County, Pennsylvania,
2. Defendants are Randy L. Atherton, and Deborah E. Atherton, adult individuals, husband
and wife, of Shippensburg Township, Cumberland County, Pennsylvania (mailing address: 408
South Fayette Street, Shippensburg, P A 17257),
3. Defendants entered into an agreement for the installment purchase of real estate located
in Shippensburg Township, Cumberland County, Pennsylvania known as 408 South Fayette Street,
Shippensburg, Pennsylvania from the Executors of the Last Will and Testament of Dale K. Fetrow.
All of the right, title, and interest of the Executors in said Agreement was assigned to Financial
Trust Services Company by Assignment dated March 2,1998. A true and correct copy of the
Installment Sales Agreement and the Assignment are attached hereto and incorporated herein as
Exhibit "A".
4. By the terms of said Installment Sales Agreement, Defendants agreed to pay the sum of
$135,000.00, payable $15,000.00 on or before March 1, 1998 and the balance of $120,000.00 in
monthly installments thereafter of $1,300.00, said monthly installments being applied first to
interest at the rate of 10% and the balance being applied to the principle owed.
5. The real estate which is the subject of the Installment Sales Agreement is all that certain
lot of ground with the improvements thereon erected in Shippensburg Township, Cumberland
County, Pennsylvania having thereon erected a concrete block building having a mailing address of
408 South Fayette Street, Shippensburg, (Cumberland County) Pennsylvania 17257. Said real
" ,
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estate is more particularly bounded and described on Exhibit "B" attached hereto and incorporated
herein by reference.
6, By assignment of Installment Sales Agreement dated March 2,1998, the Executors of
the Estate of Dale K. Fetrow did assign all of the right, title and interest of the Executors in the said
Installment Sales Agreement to Financial Trust Services Company, Trustee under Will of Dale K.
Fetrow. Keystone Financial Bank, Plaintiff herein, is the successor by merger to the said Financial
Trust Services Company.
7. The Installment Sale Agreement is in default because of Defendants' failure to pay the
1999 County and Township Real Estate taxes when due in the amount of $1,609.20. Plaintiff has
paid these taxes on behalf of the Defendants to protect Plaintiff s interest in the real estate subject
to the taxes.
8. The Installment Sale Agreement is further in default because of Defendants' failure to
make payments due on October I, , 1999 and July 1,2000. The following amounts are now due on
the mortgage:
Principal balance
Interest from September I, 1999 through June 30, 2000
1999 County and Township Real Estate taxes advanced
Attorney's fee
TOTAL
$114,199.97
9,516.70
1,609.20
5.710.00
$131.035.87
Plus interest from July 1, 2000 at $31.72 per day.
9. In accordance with provisions of the Act of January 30,1974, Pub. Law. 13, No.6, S
403 (41 P.S. S 403) a Notice of Intention to Foreclose Installment Sale Agreement dated February
2, 2000 was forwarded to each of the Defendants by certified mail, return receipt requested. Copies
of said notice and the signed return receipts evidencing service on February 4, 2000 are attached
hereto and incorporated herein by reference as Exhibit "C".
'.
'1'
WHEREFORE, Plaintiff respectfully requests judgment in favor of Plaintiff and against
Defendants in the amount of 1$31,035.87, together with interest thereon, all other amounts
advanced by Plaintiff, costs, and such further relief as the Honorable Court may Order.
Respectfully submitted,
Frey & Tiley,
Robert G. Frey, Esquire
Supreme Court Number 46397
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
By:
I verify that the statements made herein are true and correct and understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. A. ~ 4904 relating to unsworn
falsification to authorities.
Dated: July 11,2000
Keystone Financial Bank
by: ane Burke, Vice-President
~~
5:,1&'
~-tl/fy
INSTALLMENT SALES AGREEMENT
ENTERED INTO, This 22nd day of Jannary, 1998, BETWEEN CAROL A.
LOMBARDO and PAUL CASNER and ROBERT M. FREY, Executors of the Last Will and
Testament of DALE K. FETROW, also known as DALE FETROW, late of South Middleton
Township, Cumberland County, Pennsylvania, Deceased. hereinafter whether singular or plural
called party of the fl11!t part,
AND RANDY L. ATHERTON and DEBORAH E. ATHERTON. busband and wife, of
Green Townsbip (malling address: 1453 Scotland Main Street, Chambersburg, Pennsylvania
17201), Franklin County, Pennsylvania, hereinafterwbether singular or plural called party of the
second part.
WITNESSETH: That the said party of the first part, in consideration of the terms and
conditions hereinafter mentioned and contained, agrees to grant and convey unto the said party of
the second part, tbeir heirs and assigns,
ALL THAT certain triangular piece or parcelofland situate west of Shippensburg, in the
Township of Shippensburg, County of Cumberland, Commonwealth of Pennsylvania, bounded
and described as follows:
BEG INNING at a point at the northernmost projection of said tract, in the centerline of
Legislative Route 28009 (Mainsville Road); thence from said point continuing in the centerline of
Legislative Route 28009, South 29 degrees 58 minutes 34 seconds East a distance of 277 .57 feet
to a point in the centerline of Legislative Route 28009; thence from said point, South 61 degrees
44 minutes27 seconds West a distance of 283.91 feetto a point on therigbt-of-way line of lands
o f Conrail Railroad; thence from said point along the said Conrail Railroad right,of,way line,
North 19 degrees 14 minutes 48 seconds Easl a distance of 155.52 feet to a point; thence from said
point and continuing along the right-of-way of Conrail Railroad. South 74 degrees 52 minutes 26
seconds West a distance of 23.22 feet to a point along the right'of-way of the former Old
Fayetteville Road; thence from said point along the right-of-way of the former Old Fayetteville
Road, North 19 degrees 25 minutes 18 seconds East a distance of 248,22 feetto a point in the
centerline of Legislative Route 28009 (Mainsville Road), the Place of BEG INNIN G.
CONTAINING .9258 acres, more or less, as is shown on a survey of land for Ray C.
and Janet I. Porter prepared by William A. Brindle Associates Surveying dated July 17, 1987,
THE ABOVE-described tract of land has thereon erected a concrete block building which
has the mailing address of408 South Fayette Street, Shippensburg, Pennsylvania 17257,
IN ADDITION thereto, Grantors do hereby release and quit-claim all of their right, title
and interest in that portion of the property shown on the survey of land prepared for Ray C. and
Janet L Porter by WilliamA. Brindle Associates Surveying dated July 17. 1987. which is
identified as the OLD FAYETTEVILLE ROAD. which is noted on said plan as having been
abandoned,
THE ABOVE,described real estate is conveyed subject to the easements, restrictions and
reservations set forth in the deed from Wesley L. Pierce and Doris J. Pierce, husband and wife, to
Ray C. Porter and Janet I. Porter, husband and wife, by deed dated January 15, 1979, and
recorded in the hereinafter named Recorder's Office in Deed Book "G". Volume 28, Page 144, to
the same extent and effect as if they were fully set forth herein.
THE WITHIN conveyed property is all of the property which Ray C. Porter and Janet L
Porter, husband lind wife, by deed dated July 23, 1987, and recorded July 23, 1987. in the Office
of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book
"V", Volume 32, Page 31, granted and conveyed to Dale Fetrow,
IN CONSIDERATION WHEREOF. the said party of the second part agrees to pay to
the said party of the fIrst part therefor, the sum of$I35,OOO.00 Dollars, as follows:
(I) $15,000.00 Dollars on or before March I. 1998,and
AUTHENTICATED BY
PARTY OF THE FIRST PART.
f2jJc~
r-e.."....... -A-., "1-p(
~ J-(, ~~-
Page 1 of 4 Pages
AUl'HENTICATED BY
PARTY OF THE SECOND PART:
~~~~
BOOK 570 1^Ct
8
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(2) Thebalanceof$120,000.00 dollars in monthly installments of $1,300.00 Dollars,
said monthly installments to be applied first to interest at the rate of Ten (10%) per centum per
annum on the unpaid balance of principal, and the remaining portion of each such installment to
reduction of principal, said monthly installment to be paid on or before the 1 st day of each month,
beginning March I, 1998, and thereafter on or before the 1st day of each succeeding month until
principal and interest have been fully paid, except that, if not sooner paid, the said principal and
interest shaII be paid in full by March I, 2003, anything herein contained to the contrary
notwithstanding,
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 desired, and nothing contained in this
Agreement shall be construed to limit reduction of principal to said amount. Interest shall be
computed on the unpaid principal balance.
In addition to the said montWy installments on account of purchase price and interest thereon,
the said party of tbe 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 the larger of
100% of the insurable value or $120,000.00 Dollars of Fire Insurance and extended coverage,
issued by a reliable insurance company approved by party of the first part, with loss payable to tbe
parties hereto as their interests may appear, a copy of said policy to be sent to the party of the first
part.
,
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Party of the second part shaII carry public liability and property damage insurance with
reasonable limits of liability, issued by a reliable insurance company approved by party of the first
part, insuring the party of the f1rstpart herein and the party oithe second part herein, and a copy
of said policy shall be sent to the party of the first part,
All payments shall be made monthly to the Trust Department at Financial Trust Company,
One West High Street, P. O. Box 220, Carlisle, Pennsylvania 17013, or at such otber place as
may from time to time be set forth in writing, and the check made payable to Financial Trust
Services Company for Trust UfW of Dale Fetrow.
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 March I, 1998, and that said party of the
second part shall be entitled to receive rents, issues, and profits 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 substantial 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, which consent shall not be unreasonably withheld.
Taxes for prior years have been paid. Taxes for the current year shall be pro-rated between
the parties hereto using the fIscal years of the taxing authorities as the basis, and March I, 1998,
as the pro-rating date. When legal title is taken by the party of the second part. party of the second
part shall pay all of the State and Local Realty Transfer Taxes then in effect, and the party of the
first party shall pay none.
If this property is conveyed to a third party at the request of the party of the second part, then
all realty transfer taxes on such conveyance shall be paid by such third party and the party of the
second part as they may agree, and none shall be pald by the party of the fIrst part,
Party of the first part shall have the privilege of encumbering the premises which are the
subject of this agreement by a mortgage or otherwise, provided that at no time may any such
encumbrance exceed the unpald principal balance of this agreement. and if party of the first part
should default in. making any payments which may be required in connection with any such
mortgage or other encumbrance, the party of the second part shall have the privilege of applying
any sums payable pursuant to this agreement to such encumbrance holder.
Upon compliance with the foregoing terms and conditions and payment of the said purchase
price in full by the said party of the second part, the said party of the first part will. at the expense
of party of the first part. make, execute, and 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 encumbrances, subject only to easements and restrictions, visible or of record, such
conveyance to contain the usual covenants of special warranty.
AUTHENTICA1ED BY
PARTY OF THE FIRST PART:
fLx~
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Page 2 of 4 Pages
AUTHENTICATED BY
PARTY OF THE SECOND PART:
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In the event the said party of the second part shall fail to make any monthly payment for a
period 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, at the option of the party of the first part, become null and
void and the said party of the second part may treat 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 payment for a period of thirty (30)
days afterthe same shall have become due and payable by the terms hereof. or if 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 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 as above set forth, 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
ejectment 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 af a Writ of Possession with
Writ of Execution for costs. waiving all irregularities, without notice and without leave of Court,
and with Two Hundred Dbllars ($200.00) added as reasonable attorney's fee,
Acceptance by the party of the first part of any of the aforesaid monthly payments after the
same shall have become 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, damages or conditions herein
contained. shall not in any wise be considered a waiver of the 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 institute any of the other proceedings herein provided. but all
of the rights of the party of the first part, and all penalties, damages and conditions may be
enforced together or successively at the option of the party of the first part.
No modification nf this Agreement shall be binding upon the party of the first part, unless the
same shall he in writing and duly approved by the party of the first part
The interest of tbe party of the second part in this Agreement shall not be assignable, in
whole or in part, without the prior written consent and approval of the party of the first part, and if
such assignment is attempted, all rights and remedies of the party of the first part set forth herein
or which the party of thefirst part may otherwise have, shallimmediately accrue to the party of the
first part Transfer of title by Will, survivorship, or by descent shall' not be regarded as an
assignment requiring the consent and approval of the party of the first part,
This Agreement is to extend to and be binding upon the heirs. successors, executors,
administrators. and assigns of the parties hereto,
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, consisting
of four (4) pages, the day and year first above written,
\I>tV\
By:
Estate of Dale K. Fetrow, also known ~
Dale Fetrow, Deceased ::3 ~
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Carol A. Lombardo. Executor C; -,.
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Paul Casner. Executor
WITNESSES:
By:
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AUTHENTICATED BY
PARTY OF THE FIRST PART:
AUTHENTICATED BY
PARTY OF THE SECOND PART:
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R y L, 'A herton v
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Deborah E. Atherton
By:
(SEAL)
(SEAL)
State of Pennsylvania
ss:
County of Cumberland
anthis, the ;J.....J.- day of 7YJ~ ,1998, before me, the undersigned officer, personally
appeared Carol A. Lombardo and Paul Casner and Robert M. Frey, Executors of the Last Will and
Testament 0 f Dale K. Fetrow, a/k/a Dale Fetrow, late of South Middleton Township, Cumberland
County. Pennsylvania, Deceased, known to me (or satisfactorily proven) to be the persons whose
names are subscribed to the within instrument, and acknowledged that they executed the same in
the capacity therein stated and for the purposes therein contained,
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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NOTARIAL SEAL
KRISTA KING, NOTARY PUBL1C
CARL1SLE, CUMBERLAN.D COUNi'i PA
MY COMMISSION EXPIRES JUNE 27,1998
State of Pennsylvania
ss:
County of Cumberland
On this, the 22nd day of January, 1998, before me, the undersigned officer. persooally
appeared Randy L Atherton and Deborah E. Atherton, husband and wife, kuown to me (or
satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and
acknowledged that they executed the same for the purposes therein contained,
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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NOTARIAL SEAL
NOTARY PUOLlC
KRiSTA KING, AND couNTY PA
1:=~~S~l':B:X~~RES jUNI: 27,'1998
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AUTHENTICATEDBY,(."',\!
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Page 4 of 4 Pages
AUTHENTICATED BY
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FREY & TILEY
ATfORNEYS.AT-LAW
5 SOUTH HANOVER STRm
CARLISLE, PENNSYLVANIA 17013
ROBERT M. FREY
QF COUNSEL
STEPHEN D. TILEY
ROBERT G, FREY
TELEPHONE (717) 243-5838
FACSIMILE (717) 243.6441
ASSIGNMENT OF INSTALLMENT SALES AGREEMENT
THE \)NDERSIGNED three Executors of the Estate of Dale K.
Fetrow, also known as Dale Fetrow, Deceased, do hereby assign to
Financial Trust Services Company, Trustee under will of Dale K.
Fetrow, all of the right, title and interest of the Executors in
an Installment Sales Agreement entered into by the undersigned
Executors with Randy L. Atherton and Deborah E. Atherton, husband
and wife, dated January 22, 1998, and recorded March 2, 1998 (
concerning the prerniE!es at 408 South Fayette Street in
Shippensburg Township, Cumberland County, Pennsylvania, on which
Installment Sales Agreement there is an unpaid principal balance
of $120,000.00 plus interest, etc" from March 1, 1998.
This Assignment is made without recourse.
The undersigned Executors agree to convey the premises which
are the subject of said Installment Sales Agreement to said
Financial Trust Services Company or its nominee, under and subject
to said Installment Sales Agreement, at such time as the under-
signed may be requested to do so.
INTENDING TO BE LEGALLY BOUND HEREBY, the unders igned have
executed this instrument this 2nd day of March, 1998.
ESTATE OF DALE K. FETROW, ALSO
KNOWN AS DALE FETROW, Deceased
By,
~_a.~-
Carol A. Lombardo
By,
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Paul Casner
By,
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Robert M. Frey
Commonwealth, of Pennsylvania:
ss:
County of Cumberland
On this the 2nd day of March, 1998, before me, the undersigned
officer, personally appeared Carol A. Lombardo, Paul Casner, and
Robert M. Frey, Executors of the Estate of Dale K__ Fetrow, also
known as Dale Fetrow, Deceased, known to me to be the persons
whose names are subscribed to the wi thin instrument, and
acknowledged that they executed the same for the purposes therein
contained, and in the capacity therein stated.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
f&~ ~r(SEAL)
E}(tHBIT "A,"
>>Ol/l.RIALSUL
KRISTA KING, NOTARY PUBUC
CARLISLE, CUMBERLAND COUNTY PA
MY COMM1SSlON DPl~.:~_~~_~~,,;~.~
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NOTICE< OF INTENTION TO FORECLOSE INSTALLMENT SALE AGREEMENT
The Installment Sales Agreement held by Keystone Financial Bank (hereinafter we, us or
ours) on your property located at 408 South Fayette Street, Shippensburg, Pennsylvania, IS IN
SERIOUS DEFAULT because you have not made the monthly payments of $1,300.00 for the
months of October, November, ~d December! 1999 and t~e months of January and February,
2000. The total amount now reqUIred to cure thIS default, or 10 other words, get caught up in your
payments, as of the date of this letter is $6,500.00.
You may cure this default within TffiRTY (30) DAYS of the date of this
letler, by paying to us the above amount of $6,500.00, plus any additional
monthly payments and cbarges which may fall due during this period. Such
payment must be made either by cash, cashier's check, certified check, or money order, and made
at Keystone Financial Bank, I West High Street, Carlisle, Pennsylvania 17013.
If you do not cure the default within THIRTY (30) DAYS. we intend to exercise our
right to accelerate the Installment Sale Agreement payments. This means that
whatever is owing on the original amount borrowed will be considered due immediately and you
may lose the chance to payoff the original Installment Sale Agreement in monthly installments. If
full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend
to instruct our attorneys to start a lawsuit to foreclose your secured property. If
the Installment Sale Agreement is foreclosed your secured property will be sold
by the sheriff to payoff the Installment Sale Agreement debt. If we refer your case to
our attorneys, but you cure the default before they begin legal proceedings against you. you will
still have to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay the reasouable attorney's fees even if they
are over $50.00. Any attorney's fee will be added to whatever you owe us, which may also
include our reasonable costs. If you cure the default within the thirty-day period, you
will not be required to pay allorney's fees.
We may also sue you personally for the unpaid principal and all other sums due under the
Installment Sale Agreement. We amy also in Ejectment to have you removed from the property
prior to a Sheriff's sale of the property,
If you have not cured the default within the thirty-day period and foreclosure proceedings
nave begun, you still have the right to cure the default and prevent the sale at any
time up to one hour before the sheriff's foreclosure sale. You may do so by
paying the total amouut of the unpaid monthly payments plus any late or other
charges then due, as well as the reasonable' attorney's fees and costs connected
with the foreclosure sale and perform any other requirements under the
Installment Sale Agreement. It is estimated that the earliest date that such a sheriff's sale
could be held would be approximately June 9, 2000. A notice of the date of the sheriff's sale will
be sent to you before the sale. Of course, the amount ueeded to cure the default will increase the
louger you wait. You may fiud uut at any time exactly what the required paymeut will be by
calling us at the following number: (717) 243-5838. This payment must be in cash, cashier's
check, certified check, or money order and made payable to us at the address stated above.
You shuuld reallze that a sheriff's sale will end your owuership of the secured property and
your right to remain in it. If you continue to live in the property after the sheriff's sale, a lawsuit
could be started to evict you,
You have additional rights to help protect your interest in the property. YOU HAVE THE
RIGHI'TO SELL THE PROPERTY TO OBTAlN MONEY TO PAY OFF THE INSTALLMENT
SALE AGREEMENT DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING
INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS
DEFAULT CURED BY ANYTIIIRDPARTY ACTION ON YOUR BEHALF.
If you cure the default, the Installment Sale Agreement will be restored to
the same position as if no default had occurred. However, you are not enlltled to thIS
right to cure your default more than three times in any calendar year.
Robert G. Frey .
Attorney for Keystone Financial Bank
5 South Hanover Street
Carlisle, Pennsylvania 17013
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" -Complete items 1 and/or 2 for additional services. I also wish to receive the
.; -Complete items 3, 48. and 4b. following services (for an
Gl -Print your name and address on the reverse of this form so that we can return this extra fee):
f!: card to you.
~'" -Attach this 10nn to the front of the mail piece, or on the back if space does not 1'. D Addressee's Address
_ permit.
cu -Write"Retum Receipt Requested" on the mail piece below the article number, ~: ,0 Restricted Delivery
:5 -The Return Receipt will show. to whom the article was delivered and,the date
C delivered, '<' ..' ,Consult postmaster for fee.
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." 3. Article Addressed to: . ",' " ": ..' - ". 4a. Article Number
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102595.97.8,0179 Domestic Return Receipt
I also wish to receive the
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extra fee):
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2. 0 Restricted Delivery
Consult postmaster for fee,
4a. Article Number
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Return Receipt for Merchandise
7. Date of Deliv~ry/
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and fee is paid)
ENDER: , I '
_Complete items 1 and/or 2 for addltiona seMces,
:~:~:~ ~= :;n~a~:g:::~n the reverse of this form so that we can return this
.~r:c~ ~~:iorm to the front of the mail piece, or on the back if space does not
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KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00- 'lfCf(o(" CIVIL TERM
vs.
RANDY L. ATHERTON AND,
AND DEBORAH E. ATHERTON
Defendant
NOTICE
:'
You have been sued in court. If you wish to defend against the cUlliTIS 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 judgillent 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, :PENNSYLVANIA 17013
TELEPHONE: 717-249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
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 accomodations available to disabled individuals having business before the court, please
contact our office. 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.
TRUE COpy FROM RECORD
m Taa,lOtly whereof, I here _sit my INlncJ
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KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYL VANIA
CIVIL ACTION - LAW
vs.
NO. 00-
CIVIL TERM
RANDY L. ATHERTON AND,
AND DEBORAH E. ATHERTON
Defendant
COMPLAINT
:'
AND NOW, comes Keystone Financial Bank, Plaintiff, by and through Frey & Tiley
Attorneys at Law and respectfully states as follows:
I. Plaintiff is Keystone Financial Bank, a Corporation, Trustee of the Trust under Will of
Dale K. Fetrow. Plaintiff s address and place of business is I West High Street, Carlisle.
Cumberland County, Pennsylvania.
2. Defendants are Randy L. Atherton, and Deborah E. Atherton, adult individuals, husband
and wife, of Shippensburg Township, Cumberland County, Pennsylvania (mailing address: 408
South Fayette Street, Shippensburg, PA 17257).
3. Defendants entered into an agreement for the installment purchase of real estate located
in Shippensburg Township, Cumberland County, Pennsylvania known as 408 South Fayette Street,
Shippensburg, Pennsylvania from the Executors of the Last Will and Testament of Dale K. Fetrow.
All of the right, title, and interest of the Executors in said Agreement was assigned to Financial
Trust Services Company by Assignment dated March 2, 1998. A true and correct copy of the
Installment Sales Agreement and the Assignment are attached hereto and incorporated herein as
Exhibit "A".
4. By the terms of said Installment Sales Agreement, Defendants agreed to pay the sum of
$135,000.00, payable $15,000.00 on or before March 1, 1998 and the balance of $120,000.00 in
monthly installments thereafter of $1,300.00, said monthly installments being applied first to
interest at the rate of 10% and the balance being applied to the principle owed.
5. The real estate which is the subject of the Installment Sales Agreement is all that certain
lot of ground with the improvements thereon erected in Shippensburg Township, Cumberland
County, Pennsylvania having thereon erected a concrete block building having a mailing address of
408 South Fayette Street, Shippensburg, (Cumberland County) Pennsylvania 17257. Said real
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estate is more particularly bounded and described on Exhibit "B" attached hereto and incorporated
herein by reference.
6. By assignment of Installment Sales Agreement dated March 2, 1998, the Executors of
the Estate of Dale K. Fetrow did assign all of the right, title and interest of the Executors in the said
Installment Sales Agreement to Financial Trust Services Company, Trustee under Will of Dale K.
Fetrow. Keystone Financial Bank, Plaintiff herein, is the successor by merger to the said Financial
Trust Services Company.
7. The Installment Sale Agreement is in default because of Defendants' failure to pay the
,r
1999 County and Township Real Estate taxes when due in the amount of $1,609.20. Plaintiff has
.
paid these taxes on behalf of the Defendants to protect Plaintiff's interest in the real estate subject
to the taxes.
8. The Installment Sale Agreement is further in default because of Defendants' failure to
make payments due on October 1, , 1999 and July 1,2000. The following amounts are now due on
the mortgage:
Principal balance
Interest from September I, 1999 through June 30, 2000
1999 County and Township Real Estate taxes advanced
Attorney's fee
TOTAL
$114,199.97
9,516.70
1,609.20
5.710.00
$131.035.87
Plus interest from July 1, 2000 at $31. 72 per day.
9. In accordance with provisions of the Act of January 30,1974, Pub. Law. 13, No.6, S
403 (41 P.S. S 403) a Notice of Intention to Foreclose Ipstallment Sale Agreement dated February
2, 2000 was forwarded to each of the Defendants by certified mail, return receipt requested. Copies
of said notice and the signed return receipts evidencing service on February 4, 2000 are attached
hereto and incorporated herein by reference as Exhibit "C".
-"
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WHEREFORE, Plaintiff respectfully requests judgment in favor of Plaintiff and against
Defendants in the amount of 1$31,035.87, together with interest thereon, all other amounts
advanced by Plaintiff, costs, and such further relief as the Honorable Court may Order.
Respectfully submitted,
By:
I verify that the statements made herein are true and correct and understand that false
statements herein are made subject to the penalties of 18 Pa. C S. A. !l4904 relating to unsworn
falsification to authorities.
Dated: July II, 2000
Keystone Financial Bank
by: ane Burke, Vice-President
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INSTALLMENT SALES AGREEMENT
ENTERED INTO, This 22nd day of January, 1998, BETWEEN CAROL A,
LOMBARDO and PAUL CASNER and ROBERT M. FREY, Executors of the Last Will and
Testament of DALE K. FETROW, also known as DALE FETROW,Iateof South Middleton
Township, Cumberland County, Pennsylvania, Deceased, hereinafler whether singular or plural
called party of the first part,
AND RANDY L. ATHERTON and DEBORAH E. ATHERTON, husband and wife, of
Green Township (mailing address: 1453 Scotland Main Street, Chambersburg, Pennsylvania
17201), Franklin County, Pennsylvania, hereinafter whether singular or plural called party of the
second part,
WITNESSETH: Thatthe said party of the first part, in consideration of the terms and
conditions hereinafter mentioned and contained, agrees to grant and convey unto the said party of
the second part, their beirs and assigns,
ALL THAT certain triangular piece or parcel of land situate west o(Shippensburg, in the
Township of Shippensburg, County of Cumberland, Commonwealth of Pennsylvania, bounded
and described as follows: ~
BEGINNING at a point at the northernmost projection of said tract, in the centerline of
Legislative Route 28009 (Mainsville: Road); thence from said point continuing in the centerline of
Legislative Route 28009. South 29 degrees 58 minutes 34 seconds East a distance of 277.57 feet
to a point in the centerline of Legislative Route 28009; thence from said point, South 61 degrees
44 minutes 27 seconds West a distance of283.91 feet to a point on theright,of-way line of lands
of Conrail Railroad; thence from said point along the said Conrail Railroad right'of-way line,
North 19 degrees 14 minutes 48 seconds East a distance of 155.52 feet to a point; thence from said
point and continuing along the right-of-way of Conrail Railroad. South 74 degrees 52 minutes 26
seconds West a distance of 23.22 feet to a point along the right,of-way of the former Old
Fayetteville Road; thence from said point along the right-of~way of the former Old Fayetteville
Road, North 19 degrees 25 minutes 18 seconds East a distance of 248.22 feet to a point in the
centerline of Legislative Route 28009 (Mainsville Road). the Place of BEGINNING,
CONTAINING .9258 acres, more or less, as is shown on a survey of land for Ra.y C.
and Janet 1. Porter prepared by William A. Brindle Associates Surveying dated July 17, 1987,
THE ABOVE,described tract of land has thereon erected a concrete block building which
has themailingaddressof408SouthFayetteStreet.Shippensburg. Pennsylvania 17257,
IN ADDITION thereto, Grantors do hereby release and quit,claima!l of their right. title
and interest in that portion of the property shown on the survey of land prepared for Ray C. and
Janet 1. Porter hy William A. Brindle Associates Surveying dated July 17. 1987, whicb is
identifted as the OLD FAYEITEVILLE ROAD, which is noted on said plan as having been
abandoned,
THE ABOVE-described rea! estate is conveyed subject to the easements, restrictions and
reservations set fortb. in tb.edeed from Wesley L. Pierce and Doris J. Pierce, b.usband and wife, to
Ray C. Porter and Janet 1. Porter, husband and wife, by deed dated January 15, 1979, and
recorded in the hereinaflernamed Recorder's Office in Deed Book "G", Volume 28, Page 144. to
the same extent and effect as if they were fully set fortl~ ,herein,
THE WITIDN conveyed property is all of the property wb.ich Ray C. Pnrter and Janet 1.
Porter, husband and wife, by deed dated July 23, 1987, and recorded July 23, 1987, in the Office
of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania. in Deed Book
"V", Volume 32, Page 31, granted and conveyed to Da!e Fetrow,
IN CONSIDERATION WHEREOF. the said party of the second part agrees to pay to
the said party of the first part therefor. the sum of$135,000.00 DoUars, as follows:
(I) $ 15,000.00 Dollars on or before March I, 1998, and
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Page I of 4 Pages
AUTHENTICA1ED BY
PARTY OF THE SECOND PART:
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AUTHENTICA1ED BY
PARTY OF 1HE FIRST PART:
BOOK 570 PAGE
8
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(2) The balance of$120,000.00 dollars in monthly installments of $1,300.00 Dollars,
said monthly installments to be applied firstto interest at the rate of Ten (10%) per centum per
annum on the unpaid balance of principal, and the remaining portion of each such installment to
reduction of principal, said monthly installment to be paid on or before the ist day of each month,
beginning March I, 1998, and thereafter on or before the 1st day of each succeeding month until
principal and interest have been fully paid, except that, if not sooner paid, the said principal and
interest shall be paid in full by March I, 2003, anything herein contained to the contrary
notwithstanding.
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 desired, and nothing contained in this
Agreement shall be construed to limit reduction of principal to said amount. Interest shan be
compnted on the unpaid principal balance.
In addition 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 the larger of
100% of the insurable value or $120,000.00 Dollars of Fire Insurance and extended coverage,
issued by a reliable Insurance company approved by party of the first part, wfth loss payable to the
parties hereto as their interests may appear, a copy of said policy to be sent to the party of the first
part.
Pany of the second pan shall carry public liability and property damage insurance with
reasonable limits of liability, issned by a reliable insurance company approved by party of the first
part, insuring the party of the first part herein and the party of the second part herein, and a copy
of said policy shall be sent to the party of the first part.
All payments shall be made monthly to the Trust Department at Financial Trust Company,
One West High Street, P. O. Box 220, Carlisle, Pennsylvania 17013, or at such other place as
may from time to time be set forth in writing, and the check made payable to Financial Trust
Services Company for Trust U/W of Dale Fetrow.
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 March I, 1998, and that said party of the
second part shall be entitled to receive rents, issues, and profits from said date of delivery of
possession, subject to the conditions herein set forth.
The party of tbe second part agrees not to make any substantial 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, which consent shall not be unreasonably withheld.
Taxes for prior years have been paid. Taxes for the current year shall be pro-rated between
the parties hereto using thefiscalyears of the taxing authorities as the basis, and March I, 1998,
as the pro-rating date. When legal title is taken by the party of tbe second pan, pany of the second
part shall pay all of tbe State and Local Realty Transfer Taxes tben in effect, and the party of the
first party shall pay none.
If this property is conveyed to a third party at the request of the party of the second part, then
all realty transfer taxes on such conveyance sball be paid by such third party and the party of the
second part as they may agree, and none shall be paid by the party of the first part.
Party of tbe first part sball have the privilege of encumbering the premises which are the
subject of this agreement by a mortgage or otherwi~e, provided that at no time may any such
encumbrance exceed the unpaid principal balance of this agreement, and if party of the first pmt
should default in. making any payments which may be required in connection with any such
mongage or otber encumbrance, the party of the second part shall have the privilege of applying
any sums payable pursuant to this agreement to such encumbrance holder.
Upon compliance with the foregoing terms and conditions and payment of the said purchase
price in full by the said party of the second part, the said party of tbe first pan will, at the expense
of party of the first part, make, execute, and 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 aU encumbrances, subject only to easements and restrictions, visible or of record, such
conveyance to contain the usual covenants of special warranty.
AUTHENTICATED BY
PARTY OF THE FIRST PART:
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Page 2 of 4 Pages
AUTHENTlCA1ED BY
PARTY OF THE SECOND PART:
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BOOK 570 ,^GE
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In the event the said party of the second part shall fail to make any monthly payment for a
period of thiny (30) days after the same shall have become due and payable by the terms hereof, or
jf a breach of any of the foregomg condItions be made by the said party of the second part, then
and in such case this Agreement shall, at the option of the party of the first part, become null and
void and the said party of the second part may treat 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 payment for a period of thirty (30)
days after the same shall have become due and payable by the tenus herenf, or if a breach of any
of. th~ conditions of this Ag:eement shall be made by the party of the second part, the entire
pnnclpal sum remammg unpald 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 said
party of the second part and in favor of the party of the fIrst part for tbe 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
tennination as above set forth. 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
ejectment against the said party of the second part and in favor of the said pany of the first part for
the premises herein described, and to direct the immediate issuing of a Writ of Possession with
Writ of Execution for costs, waiving all irregularities, without notice and without leave of Court,
and with Two Hundred Dollars ($200.00) added as reasonable attomey's fee.
Acceptance by the party of the first part of any of the aforesaid monthly payments after the
same shall have become past due and in default, or any failure to enforce any of tbe rights herein
reserved to the parties of the first part, or any of the penalties, damages or conditions herein
contained, shall not in any wise be considered a waiver of the 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 instimte any of the other proceedings herein provided, but all
of the rights of the party of the first part, and all penalties, damages and conditions may be
enforced together or successively at the option of the party of the fIrst part.
No modifIcation of this Agreement shall be binding upon the party of the first part, unless the
same shall be ill writing and duly approved by the party of the first part.
The interest of the party of the second part in this Agreement shall not be assignable, in
whole or in part, without the prior written consent and approval of the party of the first part, and.if
such assignment is attempted, all rights and remedies of tbe party of the first part set fonh hereIn
or which the party of the first part may otberwise have, shall immediately accrue to the party of the
first part. Transfer of title by Will, survivorship, or by descent shall not be regarded as an
assignment requiring the consent and approval of the party of the first part.
This Agreement is to extend to and be binding upon the heirs, successors, executors,
administrators, and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, consisting
offour (4) pages, the day and year first above written.
WITNESSES:
Estat" of Dale K. Fetrow, also known ~
Dale Fetrow, Deceased :3 :...
::0 i"'."
(?"..A"~ J4. ~,....L';EA~r
Carol A. Lombardo, Executor '" :"
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By:
By:
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Paul Casner, Executor
AUTHENTICATED BY
PARTY OF THE FIRST PART:
AUTHENTICATED BY
PARTY OF THE SECOND PART:
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WOK 57ll r~\;E 10
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R y L. 'A henon v
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Deborab E. Atherton
(SEAL)
(SEAL)
State of Pennsylvania
55:
County of Cumberland
r
_,~L 7YJ"'1. .
On this, the ". - day of ""'-<A'\, 1998, before me, the undersigned officer, personally
appeared Carol A. Lombardo and Paul Casner and Robert M. Frey, Executors of the Last Will and
Testament 0 f Dale K. Fetrow, aIkIa Dale Fetrow, late of South Middleton Township, Cumberland
County, Pennsylvania. Deceased. known to me (or satisfactorily proven) to be the persons whose
names are subscribed to the within instrument, and acknowledged that they executed the ~ame in
the capacity therein stated and for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
MOTARIAl. SEAL
KRISTA KING. NOTARY PUBL.lC.
CARl-ISLE CUMBERLAND COUNTY PI>.
MV COMMISSION EXPIRES JUNE 27,1998
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State of Pennsylvania
5S:
County of Cumberland
On this, the 22nd day of January, 1998, before me, the undersigned officer, personally
appeared Randy L. Atherton and Deborab E. Atberton, husband and wife, known to me (or
satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and
acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my. hand and official seal.
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KRISTA KING, NOTARY PU13L1~.
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AUTHENTICA1EDBY
PARTY OF THE SECOND PART:
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FREY & TILEY
ATTORNEV8-AT-LAW
5 SOUTH HANOVER STREET
CARUSlE. PENNSYLVANIA 17013
ROBERT M. FREY
OF COUNSEL
STEPHEN D. TILEY
. ROBERT G. FREY
TELEPHONE (117) 243-5838
FACSIMILE (717) 243-6441
ASSIGNMENT OF INSTALLMENT SALES AGREEMENT
THE l)NDERSIGNED three Executors of the Estate of Dale K.
Fetrow, also known as Dale Fetrow, Deceased, do hereby assign to
Financial Trust Services Company, Trustee under Will of Dale K.
Fetrow, all of the right, title and interest of the Executors in
an Installment Sales Agreement entered into by the undersigned
Executors with Randy L. Atherton and Deborah E. Atherton, husband
and wife, dated January 22, 1998, and recorded March 2, 1998,
concerning the premises at 408 South Fayette Street in
Shippensburg Township, Cumberland County, Pennsyl~ania, on which
Installment Sales Agreement there is an unpaid principal balance
of $120,000.00 plus interest, etc., from March 1, 1988.
This Assignment is made without recourse.
The undersigned Executors agree to convey the premises which
are the subj ect of said Installment Sales Agreement to said
Financial Trust Services Company or its nominee, under and subject
to said Installment Sales Agreement, at such ~ime as the under-
signed may be requested to do so.
INTENDING TO BE LEGALLY BOUND HEREBY, the undersigned have
executed this instrument this 2nd day of March, 1998.
ESTATE OF DALE K. FETROW, ALSO
KNOWN AS DALE FETROW, Deceased
By,
~_a.~-
Carol A. Lombardo
By,
etA fJ (D,.~ 9--- ,
Paul Casner
By,
rc.~ h7.
Robert M. Frey
7,),
Commonwealtn of Pennsylvania:
ss:
County of Cumberland
On this the 2nd day of March, 1998, before me, the undersigned
of~icer, personally appeared Carol A. Lombardo, Paul Casner, and
Robert M. Frey, Executors of the Estate of Dale K._ Fetrow, also
known as Dale Fetrow, Deceased, known to me to be the persons
whose names are subscribed to the wi thin instrument, and
acknowledged that they executed the same for the purposes therein
contained, and in the capacity therein stated.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
tlQTARlALSEAl
KRISTA ICING. NOTARY PUBUC
CARUSlE. CUMBERIJ,NQ CllUKT\' PI.
MY COMM1SS10N...~.~.S__~~~~~.1~
r d-L- ~ l--c--(SEAL)
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NOTICE OF INTENTION TO FORECLOSE INST LLMENT SALE AGREEMENT
Tbe Installment Sales Agreement held by Keystone Financial Bank (hereinafter we, us or
ours) on your property located at 408 South Fayette Stree , Shippensburg, Pennsylvania, IS IN
SERIOUS DEFAULT because you have not made the m nthly payments of $1,300.00 for the
months of October, November, a!1d December? 1999 and e months of January and February,
2000. The total amount now requIred to core tbis default 0 in other words get caught up in your
payments, as of the date of tbis letter is $6,500.00.' ,
You may cure this default within THIRTY (30) DAYS of the date of this
letter, by paying to us the above amount of 6,500.00, plus auy additional
monthly payments a~d charges whic~ may fall ne during this period. Such
payment must be made either by cash, cashier scheck, certi led check, or money order, and made
at Keystone Financial Bank, I West Higb Street, Carlisle, P asylvania 17013.
If you do not cure the default within THlRTY (30) A YS, we intend to exercise our
l'ight to accelerate the Installment Sale Agreem t payments. This means that
whatever is owing on the original an:ount borrowed will be onsidered due immediately and YOll
may lose the chance to payoff the onginal Installment Sale greement in monthly installments. If
full payment of the amount of default is not made within T TY (30) Dl\YS, we also intend
to instruct our attorneys to start a lawsuit to for ose your secured property. If
the InstaUment Sale Agreement is foreclosed your secured property will be sold
by the sheriff to payoff the InstaUment Sale Agreem nt debt. If we refer your case to ..'
our attorneys, but you cure the default before they begin Ie al proceedings against you, you will
still have to pay the reasonable attorney's fees actually IDCll d, up to $50.00. However, if legal
proceedings are started against you, you will have to pay the asonable attorney's fees even if they.
are over $50.00. Any attorney's fee will be added to wh tever you ,owe us. which may also
include our reasonable costs. If you cure the default w thin the thirty-day period, you
will not be required to pay attorney's fees.
We may also sue you personally for the unpaid princ' al and all other sums due under the
Installment Sale Agreement. We amy also in Ejectment to ave you removed from the property
prior to a Sheriff s sale of the property.
If you have not cured the default witbin the thirty-da period and foreclosure proceedings
have begun, you still have the right to cure the defa It and prevent the snle at any
time up to one hour before tbe sheriff's foreclos re sale. You may do so by
paying the total amount of the unpaid monthly pa ments plus any late or other
charges then due, as well as the reasonable attar ey's fees and costs connected
with the foreclosure sale and perform any ot er requirements under the
Installment Sale Agreement. It is estimated that tbe e iest date that such a sheriffs sale
could be held would be approximately June 9, 2000. A notic of the date of the sheriff's sale will
be sent to you before tbe sale. Of course, the amount needed to cure the default will increase the
longer you wait. You may find out at any time exactly wh t the required payment will be by
calling us at the following number: (717) 243-5838. This ayment must be in casb, cashier's
check, certified cbeck, or money order and made payable to us at the address stated above.
You should realize that a sheriff s sale will end your 0
your right to remain in it. If you continue to live in the pro
could be started to evict you.
nersbip of the secured property and
y after the sheriff's sale, a lawsuit
You have additional rights to help protect your interes in the property. YOU HAVE THE
RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY PAY OFF THE INSTALLMENT
SALE AGREEMENT DEBT, OR TO BORROW.MONE FROM ANOTHER LENDING
INSTITUTION TO PAY OFF THIS DEBT. YOU HAV THE RIGHT TO HAVE THIS
DEFAULT CURED BY ANY THIRD PARTY ACTION ON OUR BEHALF.
If you cure the default, the Installment Sale greement will be restored to
the same position as if no default bad occurred. How ver, you are not entitled to this
right to cure your default more than three times in any calendar ear.
Robert G. Fr y ,
Attorney for eystone Financial Bank
5 Soutb Ran ver Street
Carlisle, Pen sylvania 17013
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102595.97-8-0179 Domestic Return Receipt
SENDER: ..
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-Complete items 3, 4a, and 4b. th of this form so that we can retum this
-Print your name and address on e reverse
-~r:c~ J,?~form to the front of the mailpiece, or on the back if space does not
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KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00- 4%0 CIVIL TERM
RANDY L. ATHERTON AND,
AND DEBORAH E. ATHERTON
Defendant
NOTICE
(
You have been sued in court. If you wish to defend against the cHums 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 judgillent 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, PENNSYLVANIA 17013
TELEPHONE: 717-249-3166
..
AMERICANS WITH DISABILITIES ACT OF 1990
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 accomodations available to disabled individuals having business before the court, please
contact our office. 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.
TRUE COpy FROM RECORD
In Tadnony wllereot, I here unto Sill my llano
and ..,,,1, af said Court r.vtlsi8, ~6
-
Prothonota
1-.-"
""" - . . - ~I~,-,-"=.",--
KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NO. 00-
CIVIL TERM
RANDY L. ATHERTON AND ,
AND DEBORAH E. ATHERTON
Defendant
COMPLAINT
(
AND NOW, comes Keystone Financial Bank, Plaintiff, by and through Frey & Tiley
Attorneys at Law and respectfully states as follows:
I. Plaintiff is Keystone Financial Bank, a Corporation, Trustee of the Trustunder Will of
Dale K. Fetrow. Plaintiff's address and place of business is 1 West High Street, Carlisle,
Cumberland County, Pennsylvania.
2. Defendants are Randy L. Atherton, and Deborah E. Atherton, adult individuals, husband
and wife, of Shippensburg Township, Cumberland County, Pennsylvania (mailing address: 408
South Fayette Street, Shippensburg, P A 17257).
3. Defendants entered into an agreement for the installment purchase of real estate located
in Shippensburg Township, Cumberland County, Pennsylvania known as 408 South Fayette Street,
Shippensburg, Pennsylvania from the Executors of the Last Will and Testament of Dale K. Fetrow.
All of the right, title, and interest of the Executors in said Agreement was assigned to Financial
Trust Services Company by Assignment dated March 2, 1998. A true and correct copy of the
Installment Sales Agreement and the Assignment are attached hereto and incorporated herein as
Exhibit "A".
\,.
4. By the terms of said Installment Sales Agreement, Defendants agreed to pay the sum of
$135,000.00, payable $15,000.00 on or before March 1, 1998 and the balance of $120,000.00 in
monthly installments thereafter of $1,300.00, said monthly installments being applied first to
interest at the rate of 10% and the balance being applied to the principle owed.
5. The real estate which is the subject of the Installment Sales Agreement is all that certain
lot of ground with the improvements thereon erected in Shippensburg Township, Cumberland
County, Pennsylvania having thereon erected a concrete block building having a mailing address of
408 South Fayette Street, Shippensburg, (Cumberland County) Pennsylvania 17257. Said real
..~o___
=.~
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estate is more particularly bounded and described on Exhibit "B" attached hereto and incorporated
herein by reference.
6. By assignment of Installment Sales Agreement dated March 2,1998, the Executors of
the Estate of Dale K.. Fetrow did assign all of the right, title and interest of the Executors in the said
Installment Sales Agreement to Financial Trust Services Company, Trustee under Will of Dale K..
Fetrow. Keystone Financial Bank, Plaintiff herein, is the successor by merger to the said Financial
Trust Services Company.
7. The Installment Sale Agreement is in default because of Defendants' failure to pay the
('
1999 County and Township Real Estate taxes when due in the amount of $1,609.20. Plaintiff has
,
paid these taxes on behalf of the Defendants to protect Plaintiff s interest in the real estate subject
to the taxes.
8. The Installment Sale Agreement is further in default because of Defendants' failure to
make payments due on October 1, , 1999 and July 1,2000. The following amounts are now due on
the mortgage:
Principal balance
Interest from September 1, 1999 through June 30, 2000
1999 County and Township Real Estate taxes advanced
Attorney's fee
TOTAL
$114,199.97
9,516.70
1,609.20
5.710.00
$131.035.87
Plus interest from July 1,2000 at $31.72 per day.
9. In accordance with provisions of the Act of January 30,1974, Pub. Law. 13, No.6, S
403 (41 P.S. S 403) a Notice of Intention to Foreclose Installment Sale Agreement dated February
2, 2000 was forwarded to each of the Defendants by certified mail, return receipt requested. Copies
of said notice and the signed return receipts evidencing service on February 4, 2000 are attached
hereto and incorporated herein by reference as Exhibit "C".
. ~ ~w H
''"~'<'-L4\,-'-
WHEREFORE, Plaintiff respectfully requests judgment in favor of Plaintiff and against
Defendants in the amount of 1$31,035.87, together with interest thereon, all other amounts
advanced by Plaintiff, costs, and such further relief as the Honorable Court may Order.
Respectfully submitted,
Frey & Tiley,
By:
I verify that the statements made herein are true and correct and understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. A. ~ 4904 relating to unsworn
falsification to authorities.
Dated: July 11,2000
Keystone Financial Bank
by: ane Burke, Vice-President
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INSTALLMENT SALES AGREEMENT
ENTERED INTO, This 22nd day of January, 1998, BETWEEN CAROL A.
LOMBARDO and PAUL CASNER and ROBERT M. FREY, Executors of the Last Will and
Testament of DALE K, FETROW, also known as DALE FETROW, late of South Middleton
Township, Cumberland County. Pennsylvania, Deceased, hereinafter whether singular or plural
called party of the first part,
AND RANDY L. ATHERTON and DEBORAH E. ATHERTON, husband and wife, of
Green Township (mailing address: 1453 Scotland Main Street, Chambersburg, Pennsylvania
17201), Franklin County, Pennsylvania, hereinafter whether singular or plural called party of the
second part,
WITNESSETH: That the said party of the first part, in consideration of the terms and
conditions hereinafter mentioned and contained, agrees to grant and convey unto the said party of
the second part, their heirs and assigns,
ALL THAT certain triangular piece or parcel of land situate west of :Shipp ens burg, in the
Township of Sbippensburg, Connty of Cumberland, Commonwealth of Pennsylvania, bounded
and described as follows: ~
BEGINNING at a point at the nonbemmost projection of said tract, in the centerline of
Legislative Route 28009 (Mainsville Road); thence from said point continuing in the centerline of
Legislative Route 28009, South 29 degrees 58 minutes 34 seconds East a distance of 277.57 feet
to a point in the centerline of Legislative Route 28009; thence from said point, South 61 degrees
44 minutes 27 seconds West a distance of283.91 feet to a point on the right-of-way line of lands
of Conrail Railroad; thence from said point along the said Conrail Railroad right-of-way line,
Nortb 19 degrees 14 minutes 48 seconds East a distance of 155.52 feet to a point; thence from said
point and continuing along the right-of-way of Conrail Railroad, South 74 degrees 52 minutes 26
seconds West a distance of 23.22 feet to a point along the right-of-way of the former Old
Fayetteville Road; thence from said point along the right-of-way of the former Old Fayetteville
Road, North 19 degrees 25 minutes 18 seconds East a distance of 248.22 feet to a point in the
centerline of Legislative Route 28009 (Mainsville Road), the Place of BEGINNING.
CONTAINING .9258 acres, more or less. as is shown on a survey of land for Ray C.
and Janet I. Porter prepared by William A. Brindle Associates Surveying dated July 17, 1987.
THE ABOVE-described tract of land bas thereon erected a concrete block building which
has the mailing address of 408 South Fayette Street, Shippensburg, Pennsylvania 17257.
IN ADDITION thereto, Grantors do hereby release and quit-claim all of theirright, title
and interest in tbat ponion of tbe property shown on the survey of land prepared for Ray C. and
Janet I. Porter by William A. Brindle Associates Surveying dated July 17, 1987, which is
identified as the OLD FAYETTEVILLE ROAD, wbich is noted on said plan as having been
abandoned.
THE ABOVE-described real estate is conveyed subject to the easements, restrictions and
reservations set forth in the deed from Wesley L. Pierce and Doris J. Pierce, husband and wife, to
Ray C. Porter and Janet I. Porter, husband and wife, by deed dated January 15, 1979, and
recorded in the hereinafternamed Recorder's Office in Deed Book "GO>, Volume 28, Page 144, to
the same extent and effect as if they were fully set forth herein.
"
THE WITHIN conveyed property is all of the property which Ray C. Poner and Janet I.
Porter, husband and wife, by deed dated July 23, 1987, and recorded July 23, 1987, in the Office
of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book
"VO>, Volume 32, Page 31, granted and conveyed to Dale Fetrow.
IN CONSIDERATION WHEREOF, the said party of the second part agrees to pay to
the said party of the first part therefor, the sum of $135,000.00 DoUars, as foUows:
(I) $15,000.00 Dollars on or before March I, 1998, and
AUTHENTICATED BY
PARTY OF THE FIRST PART:
AUTHENTICATED BY
PARTY OF THE SECOND PART:
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(2) The balance of$120,000.00 doUarsin monthly installments of $1,300,00 Dollars,
said monthly installments to be applied first to interest at tbe rate of Ten (10%) per centum per
annum on the unpaid balance of principal, and the remaining portion of each such installment to
reduction of principal, said monthly installment to be paid on or before tbe 1st day of eacb month,
beginning Marcb I, 1998, and thereafter on or before tbe 1st day of each succeeding month until
principal and interest have been fully paid, except that, if not sooner paid, the said principal and
interest shall be paid in full by March I, 2003, anytbing herein contained to the contrary
notwithstanding.
Tbe party of the second part shall have the privilege of paying as much more than the
required monthly installment of principal and interest as desired, and notbing contained in this
Agreement shall be construed to limit reduction of principal to said amount. Interest shall be
computed on the unpaid principal balance.
In addition 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 aU necessary repairs to the premises. and to keep in force not less than the larger of
100% of the insurable value or $120,000.00 Dollars of Fire Insurance and extended coverage,
issued by a reliable insurance company approved by party of the first pan, wfth loss payable to the
parties hereto as their interests may appear, a copy of said policy to be sent to the party of the first
part.
Parry of the second part shall carry public liability and property damage insurance with
reasonable limits of liability, issued by a reliable insurance company approved by party of the first
part, insuring the party of the first part herein and the party of the second part herein, and a copy
of said policy shall be sent to the party of the first part.
All payments shall be made monthly to tbe Trust Department at Financial Trust Company,
One West High Street, P. O. Box 220, Carlisle, Pennsylvania 17013, or at such other place as
may from time to time be set forth in writing, and the check made payable to Financial Trust
Services Company for Trust U/W of Dale Fetrow.
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 tbe March I, 1998, and that said party of the
second part sball be entitled to receive rents, issues, and profits from said date of delivery of
possession, subject to the conditions herein set forth.
The party of tbe second part agrees not to make any substantial 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, whicb consent shall not be unreasonably withheld.
Taxes for prior years have been paid. Taxes for the current year shall be pro-rated between
the parties bereto using the fiscal years of the taxing authorities as the basis, and March 1, 1998,
as the pro-rating date. When legal title is taken by the party of tbe second part, party of the second
part shall pay all of the State and Local RealtyTransfer Taxes then in effect, and tbe party of the
first parry shall pay none.
If this property is conveyed to a third party at tbe request of the party of the second part, then
all realty transfer taxes on sucb conveyance shall be paid by such third party and the party of the
second part as they may agree, and none shall be paid by the party of the first part.
Party of the first part sball have the privilege of encumbering tbe premises which are the
subject of this agreement by a mortgage or otherwiS'e, provided tbat at no time may any such
encumbrance exceed the unpaid principal balance of this agreement, and if party of the first pmt
should default in. making any payments which may be required in connection with any such
mortgage or other encumbrance, the party of the second part shall have the privilege of applying
any sums payable pursuant to this agreement to such encumbrance holder.
Upon compliance with the foregoing terms and conditions and payment of the said purchase
price in full by the said party of tbe second part, the said party of tbe first part will, ar the expense
of party of the first part, make, execute, and deliver to the said party of tbe second part, a good
and sufficient deed for the proper conveying and assuring of the said premises; in fee simple, free
from all encumbrances, subject only to easements and restrictions, visible or of record, such
conveyance to contain the usual covenants of special warranty.
AUTHENTICA1ED BY
PARTY OF THE FIRST PART:
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In the eVent the said party of the second part shall fail to make any monthly payment for a
period of thirty (30) days after the same shall bave become due and payable by the terms bereof, 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, at the option of the party of the first part, become null and
void and the said party of tbe second part may treat all monies then paid as liquidated damages,
representing tbe fair rental value of the property during tbe 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 payment for a period of thirty (30)
days afterthe same shall have become due and payable by the terms bereof, or if a breach of any
of the conditions of tbis Agreement shall be made by the party of the second part, the entire
principal snm ,emaining 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 said
party of the second part and in favor of the party of tbe first part for tbe wbole amount of said
principal sum remaining unpaid, togetherwHh interest, costs of suit, release of errors, attorney's
conunission of five percent and waiving inquisitions and exemptions.
Upon the breach of any of the covenants or conditions of this Ag;eement, or upon its
tennination as :above set forth, 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
ejectment agai~t 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!he immediate issuing of a Writ of Possession with
Writ of Execution for costs, waiving all irregularities, without notice and without leave of ,Court,
and with Two Hundred Dollars ($200.00) added as reasonable attorney's fee.
Acceptance by the party of the first part of any of tbe aforesaid monthly payments after the
same shall have become past due and in defanlt, or any failure to enforce any of the rights herein
reserved to the. parties of the first part, or any of the penalties, damages or conditions herein
contained, shall 'not in any wise be considered a waiver of the 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 institute any of the other proceedings herein provided, but all
of the rights of the party of tbe first part, and all penalties, damages and conditions may be
enforced tngether or successively at the option of the party of the first part.
No modification of this Agreement shall be binding upon the pany 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 Agreement shall not be assignable, in
whole or in part,: without the prior written consent and approval of the party of the first part, and.if
such assignment is attempted, all rights and remedies of the party of the first part set fortb herem
or which. the party nf the first part may otherwise have, shall immediately accrue to the party of the
first part. Transfer of title by Will, survivorship, or by descent sball not be regarded as an
assignment requiring the consent and approval of the party of the first part.
This Agreement is to extend to and be binding upon the heirs, successors, executors,
administrators, and assigns of the parties hereto.
IN WITNESS WHEREOF, the panies hereto have executed this Agreement, consisting
of four (4) pages, the day and year first above written.
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By:
Estate of Dale K. Fetrow, also known ~
Dale Fetrow, Deceased ::3 -
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Carol A. Lombardo, Executor 0 -:-
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Paul Casner, Executor
WITNESSES:
By:
AUTHENTICATED BY
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AUTHENTICATED BY
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~OOK 570 P~tE 10
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By:
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Deborah E. Athenon
(SEAL)
(SEAL)
State of Pennsylvania
ss:
County of Cumberland
On this, tbe ;).....,f day of TY)M.<-l1 ,1998, before me, the undersig:ed officer, personally
appeared Carol A. Lombardo and Paul Casner and Robert M. Frey, Executors of the Last Will and
Testament 0 f Dale K. Fetrow, aJk/a Dale Fetrow, iate of Sonth Middleton Township, Cumberland
County, Pennsylvania, Deceased, known to me (or satisfactorily proven) to be the persons whose
names are subscribed to the within instrument, and acknowledged that they executed the s.ame in
the capacity therein stated and for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARIAL SEAL
KRISTA KING, NOTARY PUBLIC.
CARLISLE, C\JMBERLt&.NO COUNT'\' PA
MY COMMISSION EXPIRES JUNE 27,1998
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State of Pennsylvania
ss:
County of Cumberland
On this, the 22nd day of January, 1998, before me, the undersigned officer, personally
appeared Randy L. Athenon and Deborah E. Athenon, husband and wife, known to me (or
satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and
acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my, hand and official seal.
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AUTHENTlCAlED BY
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FREY & TILEY
ATTORNEYS-AT-LAW
5 SOIJl'H HANOVER STREET
CARLISLE, PENNSYLVANIA 17013
ROBERl M. FREY
OF COUNSEL
STEPHEN O. TILEY
. ROBERT G. FflEY
TELEPHONE (717) 243-5636
FACSIMILE (717) 243-6441
ASSIGNMENT OF INSTALLMENT SALES AGREEMENT
THE QNDERSIGNED three Executors of the Estate of Dale K.
Fetrow, also known as Pale Fetrow, Deceased, do hereby assign to
Financial Trust Services Company, Trustee under Will of Dale K.
Fetrow. all of the right. title and interest of the Executors in
an Installment Sales Agreement entered into by the undersigned
Executors with Randy L. Atherton and Deborah E. Atherton, husband
and wife, dated January 22, 1998, and recorded March 2, 1998,
concerning the premises at 408 South Fayette Street in
Shippensburg Township, Cumberland County, pennsyl~ania, on which
Installment Sales Agreement there is an unpaid principal balance
of $120,000.00 plus interest, etc., from March 1, lS$8.
This Assignment is made without recourse.
The undersigned Executors agree to convey the premises which
are the subj ect of said Installment Sales Agreement to said
Financial Trust Services Company or its nominee, under and subject
to said Installment Sales Agreement, at such time as the under-
signed may be requested to do so.
INTENDING TO BE LEGALLY BOUND HEREBY, the undersigned have
executed this instrument this 2nd day of March, 1998.
ESTATE OF DALE K. FETROW, ALSO
KNOWN AS DALE FETROW, Deceased
By,
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Carol A. Lombardo
By,
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Paul Casner
By:
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Robert M. Frey
Commonweal the of Pennsylvania:
S8:
County of Cumberland
On this the 2nd day of March, 1998, before me, the undersigned
officer, personally appeared Carol A. Lombardo, paul Casner, and
Robert M. Frey, Executors of the Estate of Dale K.~ Fetrow, also
known as Dale Fetrow, Deceased, known to me to be the persons
whose names are subscribed to the within instrument, and
acknowledged that they executed the same for the purposes therein
contained, and in the capacity therein stated.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
NOTARIAl SEAL
KRISTA KING. NOTARY PUBUC
CARLISLE, CUMBERLAND COUNTY PA
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NOTICE OF INTENTION TO FORECLOSE INSTALLMENT SALE AGREEMENT
The Installment Sales Agreement held by KeyStone Financial Bank (hereinafter we, us or
ours) on your property located at 408 Sonth Fayette Street, Shippensburg, Pennsylvania, IS IN
SERIOUS DEFAULT because you have not made tbe monthly payments of $\,300.00 for the
months of October, November, a?d December, 1999 and the months of January and February,
2000. The total amount now :eqUlred to cure this default, or in other words, get caugbt up in your
payments, as of the date of tb,s letter IS $6,500.00.
You may cure this default within THIRTY (30) DAYS of the date of this
letter, by paying to us the above amount of $6,500,00, plus any additional
monthly payments and charges which may fall due during this period. Such
payment must be made either by cash, cashier's check, certified check, or money order, and made
at Keystone Financial Bank, I West High Street, Carlisle, Pennsylvania 17013.
If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our
right to accelerate the Installment Sale Agreement payments. Tbis means tbat
whatever is owing on the original amount borrowed will be considered due immediately and you
may lose the chance to payoff the nriginal Installment Sale Agreement in monthly installments. If
full payment of the amonnt of default is not made within THIRTY (30) DA)'S, we also intend
to instruct our attorneys to start a lawsuit to foreclose your secured property. If
the Installment Sale Agreement is foreclosed your secured property will be sold
by the sheriff to payoff the Installment Sale Agreement debt. If we refer your case to
our attorneys, but you cure the default before tbey begin legal proceedings against you, you will
still have to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay the reasonable anorney's fees even if they-
are over $50.00. Any attorney's fee will be added to whatever you owe us, which may also
include our reasonable costs. If you cure the default within the thirty-day period, you
will not be required to pay attorney's fees.
We may also sue you personally for the unpaid principal and all other sums due under the
Installment Sale Agreement. We amy also in Ejectment to have you removed from tbe property
prior to a Sheriff's sale oftbe property.
If you have not cured the default within tbe thirty-day period and foreclosure proceedings
have begun, you still have the right to cure the default and prevent the sale at any
time up to one hour befnre the sheriff's foreclosure sale. You may do so by
paying the total amount of the unpaid monthly payments plus any late or other
charges then due, as well as the reasonable attorney's f.ees and costs connected
with the foreclosure sale and perform any other requirements under the
Installment Sale Agreement, It is estimated tbat the earliest date that sucb a sheriff's sale
could be beld would be approximately June 9, 2000. A notice of the date of the sberiffs sale will
be sent to you before the sale. Of course, the amount needed to cure the defanlt will increase the
lonaer you wait. You may find out at any time exactly what tbe required payment will be by
calling us at the following number: (717) 243-5838. This payment must be in cash, cashier's
cheCK, certified check, or money order and made payable to us at the address stated above.
You should realize that a sheriff's sale will end your ownership of the secured property and
your right to remain in it. If you continue to live in tbe property after tbe sheriff's sale, a lawsuit
could be started to evict you.
You have additional rights to help protect your interest in the property. YOU HAVE THE
RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE INSTALLMENT
SALE AGREEMENT DEBT, OR TO BORROW -MONEY FROM ANOTHER LENDING
INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS
DEFAULT CURED BY ANY THIRD PARTY ACTION ON YOUR BEHALF.
If you cure the default, the Installment Sale Agreement will be ~estored to
the same position as if no default had oc~urred. However, you are not entItled to thIS
right to cure your default more than three tunes 10 any calendar year.
~u
Robert G. Frey .
Attorney for Keystone Financial Bank
5 South Hanover Street
Carlisle, Pennsylvania 17013
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SENDER:
.Complete itern$ 1 and/or 2 for additional services. I also wish to receive the
'Com~et.ltems S, 40, end 4b. following services (for an
.PMt your name and address on the reverse of this form so that we can return this extra fee):
card to you.
-Attach this fonn to the fronl of the maJlpiece, or on the back jf space does not 1". D Addressee's Address
permit.
-Write-Retum Re~ipt Requested- on the mailpiece below the article number. 2.~".0 Restricted Detivery
-The Retum Receipt will Show.io whom the article was delivered and,the dale
delivered. ..... . -Consult postmaster for fee.
3. Arncle Addressed to: ~. , - 4a. Arncle Number
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8. Addressee's Address (Only If requesfed
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102595-97-B.o179 Domestic Return Receipt
END R: . . I '. s
_Complete items 1 andlor2 for addltlons servl..e .
.Complete items 3, 4a, and 4b. th rs of this roflll so that we can return this
. Print your name and address on e reve e
.~~:c~ thlsUionn to the front of the mail piece, or on the back if spa.ce does not
.e;:i~Return Receipt Requested. on the maifpiece below the ~rtl: ~~~~
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delivered.
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7. Date of Deliv~"i
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KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW,
Plaintiff
vs.
RANDY L. ATHERTON AND
DEBORAH E. ATHERTON,
Defendants
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Frey & Tiley,
By:
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: CIVIL ACTION - LAW
: NO. 00-4966 CIVIL TERM
PRAECIPE TO ENTER JUDGMENT BY DEFAULT
Please enter Judgment in favor of the above-captioned Plaintiff and against the above-
captioned Defendants in the amount of $131,035.87, and costs of $176.05, plus interest thereon at
the rate of31.72 per day from July 1,2000, as provided by law, for failure of Defendants to Answer
the Complaint of Plaintiffs, Notice having been served publication on Defendants as ordered on
March 2, 200 l.
Plaintiff hereby certifies that the last known address of the Defendant is:
408 South Fayette Street
Shippensburg, P A 17257
Robert G. Frey, Esquire
Supreme Court Number 46397
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
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PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C,P. 3101 to 3149 Etc,
Keystone Financial Bank
Tr~s-tee of- iile-T;'ust-u~de;----------
Will of Dale K. Fetrow
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Writ No. ____________________________ Tenn, 19______
No. __9_Q:1~!l.~______u_____g!yjJ_ Term, 19______
Amount due ____________ $ 1:n.1l3.a...8.7_______
Interest from u_u.JlIl~L1.-2.01l0-------------
VI.
It~J!9Jl_!!~_~!~~r!5!~____________________
IJ~_Q9~~!l_~~_~_tQ~_tt9_Q________c________ j
Att'y's Com. ___________________________________
Costs _nm__________$ _H!U!0m.c_______m_
To the Prothonotary of s.ud Court: ISSUE WRIT OF EXECTITION IN THE ABOVE MATTER,
(1) Directed to the Sheriff of ____Q.Y.m.b.~rJ.R.u.Q____County, Penna.;
(2) ag.unst ____!lo1lJ!9Jl_!!~A!~~r!5!~_!!.~~LP..~Q~r!!.l)J~d\th.Eo!r!QIl_ _ _ __ __ _u____.m nnmm
_______________ _______________________________________________ _ _ __ _ ____ ___ __ Defendant (s) ;
(3) and against ________________________________________________________________________ Garnishee (5)
(4) and index this writ Randy L. Atherton and Deborah E. Atherton
( a) against __________u ___ __._______________ ____ _ _ _ _ _ _ _ __"_ _________ _ __ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ __ _n__
0____________ _____ ___ __ __ _ _ _ ___.. _____ __ __ __ __ ____ ________ __ ____ ___ Defendant (s) and
(b) ag.unst _________________..___n_________ ._____nn_n_________ ___________ nnn u_____nn_
.______________________________________________________________________ Garnishee (s).
as a lis pendens against the real property of the defendant (s) in the name of the Garnishee (s) as follows: (Specifically
describe property)
408 South Fayette Street, Shippensburg, Cumberland County,
Pennsylvania. See Legal Description attached.
(5) Exemption has (not) been waived.
Dated ____~__________L~_~01
;J01'>-ll ~
___.m__m___________A~__ m_______ _
Attorney for Plaintiff(s)
Robert G. Frey
NOTE
Under paragraph (1) when the writ is directed to the sheriff of another COlU1ty as authorized by Rule 3103(b),
the county Mould be indIcated.
Under Ru~e 3103(c) a writ issued on a transferred judgement may be directed only to the sheriff of the county
in which issued.
Paragraph (3) above should be completed only if a Darned garnishee is to be included in the writ.
Paragraph (4) (a) should be completed only if index ing of the execution in the county of issuance, is desired as
awthwized by Rule 3104(a). When the writ issues to another county indexing is required as of C'our,se in that
f;Otmty by the prothonotary. See Rule 3104('bL
Paragraph (4) (b) showd be completed only if real property in the name of a garnishee is attached and index-
ing as a lis pendens is desired.. See Rule 3104(c).
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~L T~ T certain triangular piece or parcel of land situate west of Shippensburg, in the
Township of Shippensburg, County of Cumberland, Commonwealth of Pennsylvania, bounded and
described as follows:
. BEG~NING at a point at the northernmost projection of said tract, in the centerline of
Legislative Ropte 28009 (Mainsville Road); thence from said point continuing in the centerline of
Legisl*tive Roj.1te 28009, South 29 degrees 58 minutes 34 seconds East a distance of 277.57 feet to
a poin~ in the c:cnterline of Legislative Route 28009; thence from said point, South 61 degrees 44
minutt\s 27 seconds West a distance of 283.91 feet to a point on the right-of-way line of lands
of Conrail Railroad; thence from said point along the said Conrail Railroad right-of-way line, North
19 degrees 14 minutes 48 seconds East a distance of 155.52 feet to a point; thence from said point
and cqntinuing along the right-of-way of Conrail Railroad, South 74 degrees 52 minutes 26
seconds West a distance of 23.22 feet to a point along the right-of-way of the former Old
Fayetteville Road; thence from said point along the right-of-way of the former Old Fayetteville
Road, North 19 degrees 25 minutes 18 seconds East a distance of 248.22 feet to a point in the
centerline of Legislative Route 28009 (Mainsville Road), the Place of BEGINNING.
. CONTAINING .9258 acres, more or less, as is shown on a survey of land for Ray C. and
Janet 1. Porter prepared by William A. Brindle Associates Surveying dated July 17, 1987.
THE ABOVE-described tract of land has thereon erected a concrete block building which
has themailingaddressof408SouthFayetteStreet.Shippensburg. Pennsylvania 17257.
TOGETHER WITH that portion of the property shown on the survey of land prepared for
Ray C. and Janet 1. Porter by William A. Brindle Associates Surveying dated July 17, 1987, which
is identified as the OLD FAYETTEVILLE ROAD, which is noted on said plan as having been
abandoned.
THE WITIDN conveyed property is all of the property which Ray C. Porter and Janet 1.
Porter, husband and wife, by deed dated July 23, 1987, and recorded July 23, 1987, in the Office of
the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book
"V", Volume 32, Page 31, granted and conveyed to Dale Fetrow. It being also the same premises
which the Executors of the Last Will and Testament of Dale K. Fetrow, also known as Dale Fetrow,
by Installment Sales Agreement dated January 22, 1998 and recorded March 2, 1998 in
Miscellaneous Record Book 570, Page 8, did agree to sell to Randy L. Atherton and Deborah E.
Atherton.
Tax Parcel Nos.:
36-35-2388-018
36-35-2388-018 TR04313 36-35-2388-018 TR04314
36-35-2388-018 TR06l2l
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KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYL VANIA
CIVIL ACTION - LAW
NO. 00-4966 CIVIL TERM
RANDY L. ATHERTON AND,
AND DEBORAH E. ATHERTON
Defendant
NOTICE OF SALE OF REAL ESTATE UNDER PA. R.C.P. 3129.2
Robert G. Frey, Attorney for M & T Bank, successor by merger of Keystone Financial
Bank, Trustee of the Trust Under Will of Dale K. Fetrow, Plaintiff in the above captioned action,
being duly sworn, says:
I. The premises which is the subject of this action is 408 South Fayette Street,
Shippensburg (Shippensburg Township), Cumberland County, Pennsylvania. A complete
description is attached hereto and incorporated herein as Exhibit "A".
2. The improvements situate on the premises consists of a garage with apartments and
three mobile homes.
3. The judgment of the Court on which this sale is being held is entered to 00-4966.
4. The names of the equitable owners are Randy L. Atherton and Deborah E. Atherton
and the last known address of the owners is 408 South Fayette Street, Shippensburg, Pennsylvania.
5. The time and place of the Sheriffs Sale is 10:00 a. m. on September 9,2001, in the
Commissioners' Hearing Room, Cumberland County Courthouse, Carlisle, Pennsylvania.
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 advice.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: 717-249-3166
"~ ~ I
NOTICE OF SCHEDULE OF DISTRIBUTION
7. A Schedule of Distribution will be filed by the Sheriff on the date specified by the
Sheriff not later than Thirty (30) days after the Sheriff's Sale, and that distribution will be made in
accordance with the Schedule unless exceptions are fIled thereto within ten (10) days thereafter.
Robert G. Frey, Esquire
Supreme Court Number 46397
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge, information, and belief. 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: June 7, 2001
='
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ALL TI:fA T certain triangular piece or parcel of land situate west of Shippensburg, in the
Township of Shippensburg, County of Cumberland, Commonwealth of Pennsylvania bounded and
described as follows: '
BEGINNING at a point at the northernmost projection of said tract, in the centerline of
Legislative Route 28009 (Mainsville Road); thence from said point continuing in the centerline of
Legislative Route 28009, South 29 degrees 58 minutes 34 seconds East a distance of 277.57 feet to
a point in the centerline of Legislative Route 28009; thence from said point, South 61 degrees 44
minutes 27 seconds West a distance of 283.91 feet to a point on the right-of-way line of lands
of Conrail Railroad; thence from said point along the said Conrail Railroad right-of-way line, North
19 degrees 14 minutes 48 seconds East a distance of 155.52 feet to a point; thence from said point
and continuing along the right-of-way of Conrail Railroad, South 74 degrees 52 minutes 26
seconds West a distance of 23.22 feet to a point along the right-of-way of the former Old
Fayetteville Road; thence from said point along the right-of-way of the former Old Fayetteville
Road, North 19 degrees 25 minutes 18 seconds East a distance of 248.22 feet to a point in the
centerline of Legislative Route 28009 (Mainsville Road), the Place of BEGINNING.
CONTAINING .9258 acres, more or less, as is shown on a survey of land for Ray C. and
Janet 1. Porter prepared by William A. Brindle Associates Surveying dated July 17, 1987.
THE ABOVE-described tract of land has thereon erected a concrete block building which
has themailingaddressof408SouthFayetteStreet.Shippensburg. Pennsylvania 17257.
TOGETHER WITH that portion of the property shown on the survey of land prepared for
Ray C. and Janet 1. Porter by William A. Brindle Associates Surveying dated July 17, 1987, which
is identified as the OLD FAYETTEVILLE ROAD, which is noted on said plan as having been
abandoned.
THE WITIDN conveyed property is all of the property which Ray C. Porter and Janet 1.
Porter, husband and wife, by deed dated July 23, 1987, and recorded July 23, 1987, in the Office of
the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book
"V", Volume 32, Page 31, granted and conveyed to Dale Fetrow. It being also the same premises
which the Executors of the Last Will and Testament of Dale K. Fetrow, also known as Dale Fetrow,
by Installment Sales Agreement dated January 22, 1998 and recorded March 2, 1998 in
Miscellaneous Record Book 570, Page 8, did agree to sell to Randy L. Atherton and Deborah E.
Atherton.
Tax Parcel Nos.:
36-35-2388-018
36-35-2388-018 TR043 13
36-35-2388-018 TR04314
36-35-2388-018 TR06121
EXHIBIT "A"
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PS Form 3817, Mar. 1989
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
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5 S. Hanover Street
CARLISLE PA 170P"
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One piece of ordinary mail addressed to:
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P. O. Box 320
CARLISLE PA 17013
PS Form 3817, Mar. 1989
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
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KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CNIL ACTION - LAW
NO. 00-4966 CNIL TERM
RANDY L. ATHERTON AND ,
AND DEBORAH E. ATHERTON
Defendant
AFFIDAVIT OF SERVICE
AND NOW, this July 11,2001, I, RobertO. Frey, Attorney for M & T Bank, successor by
merger of Keystone Financial Bank, Trustee of the Trust Under Will of Dale K. Fetrow, Plaintiff
in the above-captioned matter, hereby swear that I have served a true copy of the NOTICE OF
SHERIFF'S SALE OF REAL ESTATE, UNDER PA.R.C.P. 3129, in the above-captioned matter
by depositing same in the United States Mail, postage prepaid regular first class mail upon the
following individuals at the following addresses:
Cumberland County Tax Claim Bureau
1 Courthou,e Square
CARUSLEPA 17013
Domestic Relations Office
P. O. Box 320
CARLISLEPA 17013
Pa. Department of Public Welfare
P. O. Box 8486
Harri,burg PA 17105
Randy L. Atherton
408 Souuth Fayette Street
Shippen,burg, PA 17257
Deborah E. Atherton
408 Souuth Fayette Street
Shippen,burg. PA 17257
Barry Negley, Tax Collector
2 Partridge Trail
Shippen,burg. PA 17257
C.F.J.M.A.
725 Municipal Drive
Shippen, burg, PA 17257
Shippen,burg Town,hip
P. O. Box 2219
Shippen,burg, PA 17257
Copies of the certificates of mailing are attached hereto marked Exhibit" A", and are made a part of
hereof.
lJ-
Robert O. Frey
Attorney for Plaintiffs
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
Sworn and subscribed to before me this
July 11,2001
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NCIl'ARW.8l!AL
lI1EPHEN D. TILI!Y, NCIl'AR'fPUllUO
CMlIlllI!! BllRO, CllIIIIEIlIAND CClUN1'Y,M
..... COIIIIIISSION ElCPIRI8.M1! 11,_
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U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Rece
Frey & Tiley
5 S. Hanover Street!
CARLISLE PA 17qi~
One piece of ordinary mail addressed to:
Barry Negley, Tax Collector'
2 Partridge Trail
Shippensburg, P A 17257
PS Form 3817. Mar. 1989
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received F
Frey & Tiley
5 S. Hanover Street
CARLISLE PA 17013
.J
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P. O. Box 2219 .... ~~
Shippensburg, PA 17257
PS Form 3817. Mar. 1989
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Recei'
Frey & Tiley
5 S. Hanover Street
CARLISLE PA 17013
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One piece of ordinary mail addressed to:
Deborah E. Atherton ,
408 Souuth Fayette Street .
Shippensburg, PA 17257
PS Form 3817, Mar. 1989
EXHIlBrr. A"
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KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-4966 CIVIL TERM
vs.
RANDY L. ATHERTON AND,
AND DEBORAH E. ATHERTON
Defendant
AFFIDAVIT PURSUANT TO RULE 3129
M&T Bank, successor by merger of Keystone Financial Bank, Trustee of the Trust Under
Will of Dale K. Fetrow, Plaintiff in the above-captioned action, sets forth as of the date that the
Praecipe for the Writ of Execution was filed, the following information concerning the real property
located at 408 South Fayette Street, Shippensburg, Cumberland County, Pennsylvania, and more
particularly described in a complete description thereof which is attached hereto as Exhibit "A"
and incorporated herein by reference as though fully set forth, as follows:
1. The name and address of the owner or reputed equitable owner is Randy L.
Atherton and Deborah E. Atherton, whose last known address is 408 South Fayette Street,
Shippensburg, PA 17257.
2. The name and address of the Defendant in the judgment is Randy L. Atherton and
Deborah E. Atherton, whose last known address is 408 South Fayette Street, Shippensburg, PA
17257.
3. The names and last known addresses of every judgment creditor whose judgment is
a record lien on the real estate to be sold are as follows:
4. The names and addresses of the last recorded holder of every mortgage of record
other than the mortgage which is the subject ofthis action are as follows: None
5. The names and addresses of all other persons who have any record interest in or
record lien on the real estate and whose interest may be affected by the sale are as follows:
6. The names and address of all other persons of whom the Plaintiff has knowledge
who have any interest in the real estate which may be affected by the sale are as follows:
Randy L. Atherton Shippensburg Township
Deborah E. Atherton c/o Barry L. Negley, Taxcollector
408 South Fayette Street 2 Partridge Trail
Shippensburg, P A 17257 Shippensburg, P A 17257
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Cumberland Franklin Joint Municipal Authority
725 Municipal Drive
Shippensburg, P A 17257
Shippensburg Area School District
c/o Barry L. Negley, Taxcollector
2 Partridge Trail
Shippensburg,Pi\ 17257
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, P A 17013
Shippensburg Township
P. O. Box 2219
Shippensburg, P A 17257
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge, information, and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C. S. g4904 relating to unsworn falsification to authorities.
Date: June 7, 2001
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Robert G. Frey
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KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
vs.
RANDY L. ATHERTON AND,
AND DEBORAH E. ATHERTON
Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-4966 CIVIL TERM
ORDER OF SPECIAL SERVICE
AND NOW, this ~ day of August, 2001, on consideration of the Motion of the Plaintiffs,
leave for special service of the Notices under Pa.R.c.P. 3129 upon the Defendants is granted.
Said service to be made in accordance with Pa.R.c.p. 430(b)(l) as follows;
I. By posting a copy of the Rule 3129 Notice on the most public part of the property as
well as any other Notices related thereto on the most public part of the property;
2. By certified mail to Defendants' last known address;
3. By regular mail to Defendants' last known address.
4. Plaintiff is to fIle a Certificate of Service showing that above mailings were sent by
certified mail and regular, fIrst class mail. Plaintiff is not required to provide a certification that
those mailings were received by Defendants.
BY r'COUR
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KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
vs.
RANDY L. ATHERTON AND ,
AND DEBORAH E. ATHERTON
Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-4966 CIVIL TERM
MOTION FOR ORDER OF SPECIAL SERVICE
1. The Plaintiff is Keystone Financial Bank (now by merger M & T Trust Services), a
Corporation, Trustee of the Trust under Will of Dale K. Fetrow. Plaintiff s address and place of
business is I West High Street, Carlisle, Cumberland County, Pennsylvania.
2. Defendants are Randy L. Atherton, and Deborah E. Atherton, adult individuals, husband
and wife, having a last known address and residence in Shippensburg Township, Cumberland
County, Pennsylvania (mailing address: 408 South Fayette Street, Shippensburg, P A 17257).
3. Service of the Complaint was made on Defendants by Publication pursuant to Order of
Court, because, after reasonable investigation in accordance with Pa.R.C.P. 430, Plaintiff was
unable to determine the Defendants whereabouts.
4. Service of Notice of the pendency of Sheriff Sale was not made as the Sheriff mailed
the notice to the last known address and was given an address of Fort Loudon, Pennsylvania. The
Sheriff attempted to mail notice to this address but the mailing was returned with no forwarding
address being given.
5. In accordance with Pa.R.C.P. 430, Plaintiff has attempted to locate the Defendants
without success. Plaintiff performed a reasonable investigation to determine Defendants'
whereabouts by taking the following action:
a. Inquiry of postal authority.
b. Inquiries of neighbors.
c. Examination of local tax records.
d. Examination of telephone directories for Cumberland and Franklin Counties,
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e. Search of telephone directories listed on the internet
6. The attempts to locate the Defendants as described above were reasonable and Plaintiff
knows of no other means to achieve service of the Complaint on Defendants other than by
alternate service as authorized by Pa.R.c.P. 430.
7. In accordance with Pa.R.c.P. 430, alternate service is requested by posting a copy of the
notices under Pa.R.C.P. 3129 as well as any other notices related thereto on the most public part
of the property, and by first -class mail and certified mail to Defendant's last known address, 408
South Fayette Street, Shippensburg, P A 17257.
WHEREFORE, Plaintiff request that the Court enter a special order to effectuate service of
the Notices under Pa.R.C.P., and any other Notices related thereto on the Defendants, Randy L.
Atherton, and Deborah E. Atherton in the manner set forth and requested above in accordance
with Pa.R.C.P. 430(b)(l).
August 6, 2001
Respectfully submitted,
Frey & Tiley
-1f
By:
R bert G. rey
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
I verify that the statements made herein are true and correct and understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. A. S 4904 relating to
unsworn falsification to authorities.
Dated: August 6, 2001
Robert G. Frey
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KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION -LAW
NO. 00-4966 CIVIL TERM
RANDY L, ATHERTON AND,
ANDDEBORAHE.ATHERTON
Defendant
ORDER OF SPECIAL SERVICE BY PUBLICATION
AND NOW, on consideration of the Motion of the Plaintiffs, leave for special service of
the Complaint with Notice to Defend upon the Defendants is granted. Said service to be made by
publication of the Notice to Defend in accordance with Pa.R.C.P. 430(b)(1) once in the
Cumberland Law Journal and once in the Sentinel.
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KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYL V ANlA
CIVIL ACTION - LAW
NO. 00-4966 CIVIL TERM
RANDY L. ATHERTON AND ,
AND DEBORAH E. ATHERTON
Defendant
MOTION FOR ORDER OF SPECIAL SERVICE BY PUBLICATION
1. The Plaintiff is Keystone Financial Bank (now by merger M & T Trust Services), a
Corporation, Trustee of the Trust under Will of Dale K. Fetrow. Plaintiff's address and place of
business is I West High Street, Carlisle, Cumberland County, Pennsylvania.
2. The Plaintiff initiated the above-captioned action by filing a Petition for Involuntary
Termination of Parental Rights filed to the above term and number.
3. Defendants are Randy L. Atherton, and Deborah E. Atherton, adult individuals, husband
and wife, having a last known address and residence in Shippensburg Township, Cumberland
County, Pennsylvania (mailing address: 408 South Fayette Street, Shippensburg, PA 17257).
4. As set forth on the Affidavit attached hereto, Plaintiffs have unsuccessfully attempted to
accomplish service of the Complaint on Defendants by service of a certified copy delivered by the
Sheriff of Cumberland County to the last known address of Defendants.
5. As set forth on the Affidavit attached hereto, Plaintiff has attempted to locate the
Defendants without success.
6. The attempts to locate the Defendants as described on the Attached Affidavit were
reasonable and Plaintiff knows of no other means to achieve service of the Complaint on
Defendants other than by service of process by publication as authorized by Pa.R.C.P. 430.
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WHEREFORE, Petitioners request that the Court enter a special order to effectuate service
of the Notice to Defend on the Defendants, Randy L. Atherton, and Deborah E. Atherton. Said
service to be made by publication of the Notice in accordance with Pa.R.c.P. 430(b)(1).
Respectfully submitted,
. ley
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By:
Ro ert G. Frey
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
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KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-4966 CIVIL TERM
RANDY L. ATHERTON AND,
AND DEBORAH E. ATHERTON
Defendant
AFFIDA VIT PURSUANT TO Pa.R.C.P. 430
AND NOW, this January 31, 2001, I, Robert G. Frey, Attorney for Plaintiff in the above-
captioned matter, hereby swear that I have made investigation to determine the whereabouts of the
Defendant in the above-captioned action, and have been unable to locate either Defendant.
My investigation entailed the following:
I. Service was attempted on the Defendants by the Sheriff of Cumberland County at
the last known address of the Defendants. The return of service by the Sheriff indicating that the
Defendants no longer live at the property and that they no left a forwarding address is attached
hereto as Exhibit "A".
2. I exarninedthe Cumberland County and Franklin County telephone directory for the
Defendants. There is no listing for either Defendant
3. I sent a copy of the Complaint by regular first class mail addressed to the
Defendants at the address used by them immediately prior to their last known address. The
envelope was returned with no forwarding address.
4. I attempted to reach the Defendants by telephone using the last known telephone
number of Defendants and the last known telephone number of the brother of one of the
Defendants, Vic Nozzi. None of the telephone numbers were in service.
5. I contacted the owner of the property immediately across the street from
Defendants' last known address, Eddie Albright, owner ofT & G Car Sales. Mr. Albright stated
that he knew the Defendants and knew where they lived previously, but did not know their current
address, although he believed them to still be in the Shippensburg area. He further stated that he
had been contacted by others who were attempting to locate Defendants but that he was unaware
AFFIDAVIT
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of anyone successfully locating them.
6. I made an internet search for Defendants. I found no listing for either Defendant in
the state of Pennsylvania and no listings anywhere directly matching the names of Defendants.
For the foregoing reasons, it is not possible for service to be made on Defendants by other
means and Leave of Court for Service by Publication as it has been impossible to locate the
whereabouts of Defendants.
A
Robert G. Frey
Attorney for Plaintiff
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
Sworn and subscribed to before me this s/9f-
day of January, 2001.
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SHERIFF'S RETURN - NOT FOUND
,
CASE NO: 2000-04966 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
KEYSTONE FINANCIAL BANK
VS
ATHERTON RANDY L
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
ATHERTON RANDY L
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT & NOTICE
, NOT FOUND , as to
the within named DEFENDANT
, ATHERTON RANDY L
DEFT. NO LONGER RESIDES AT ADDRESS STATED, LEFT
NO FORWARDING, PAPER EXPIRED 8/12/00.
Sheriff's Costs:
Docketing
Service
Not Found Return
Surcharge
18.00
13.02
5.00
10.00
.00
46.02
omas Kline
riff of Cumberland County
FR & TILEY
09/11/2000
Sworn and subscribed to before me
this /'1 ~ day of It'~
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p'rckht'notary
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SHERIFF'S RETURN - NOT FOUND
.
CASE NO: 2000-04966 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
KEYSTONE FINANCIAL BANK
VS
ATHERTON RANDY L
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
ATHERTON DEBORAH E
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT & NOTICE
, NOT FOUND , as to
the within named DEFENDANT
, ATHERTON DEBORAH E
DEFT. NO LONGER RESIDES AT ADDRESS STATED, LEFT
NO FORWARDING, PAPER EXPIRED ON 8/12/00.
Sheriff's Costs:
Docketing
Service
Not Found Return
Surcharge
6.00
.00
5.00
10.00
.00
21. 00
omas Kline
riff of Cumberland County
FRE
09/
Sworn and subscribed to before me
this /'I ~ day of ~~~
,JlrnrD A. D .
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KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. oo-l{Cf Io(p CIVIL TERM
RANDY L. ATHERTON AND,
AND DEBORAH E. ATHERTON
Defendant
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attomey 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, PENNSYLVANIA 17013
TELEPHONE: 717-249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
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 accomodations available to disabled individuals having business before the court, please
contact our office. 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.
KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00- '1tftt. CIVIL TERM
RANDY L. ATHERTON AND,
AND DEBORAH E. ATHERTON
Defendant
COMPLAINT
AND NOW, comes Keystone Financial Bank, Plaintiff, by and through Frey & Tiley
Attorneys at Law and respectfully states as follows:
1. Plaintiff is Keystone Financial Bank, a Corporation, Trustee of the Trust under Will of
Dale K. Fetrow. Plaintiffs address and place of business is 1 West High Street, Carlisle,
Cumberland County, Pennsylvania,
2. Defendants are Randy L. Atherton, and Deboral1 E. Atherton, adult individuals, husband
and wife, of Shippensburg Township, Cumberland County, Pennsylvania (mailing address: 408
South Fayette Street, Shippensburg, PAl 7257).
3. Defendants entered into an agreement for the installment purchase of real estate located
in Shippensburg Township, Cumberland County, Pennsylvania known as 408 South Fayette Street,
Shippensburg, Pennsylvania from the Executors of the Last Will and Testament of Dale K. Fetrow,
AIl of the right, title, and interest of the Executors in said Agreement was assigned to Financial
Trust Services Company by Assignment dated March 2, 1998. A true and correct copy of the
Installment Sales Agreement and the Assignment are attached hereto and incorporated herein as
Exhibit "A".
4. By the terms of said Installment Sales Agreement, Defendants agreed to pay the sum of
$135,000.00, payable $15,000.00 on or before March 1, 1998 and the balance of $120,000.00 in
monthly installments thereafter of $1,300.00, said monthly installments being applied first to
interest at the rate of 10% and the balance being applied to the principle owed.
5. The real estate which is the subject of the Installment Sales Agreement is all that certain
lot of ground with the improvements thereon erected in Shippensburg Township, Cumberland
County, Pennsylvania having thereon erected a concrete block building having a mailing address of
408 South Fayette Street, Shippensburg, (Cumberland County) Pennsylvania 17257, Said real
estate is more particularly bounded and described on Exhibit "B" attached hereto and incorporated
herein by reference.
6. By assignment ofInstallment Sales Agreement dated March 2, 1998, the Executors of
the Estate of Dale K. Fetrow did assign all of the right, title and interest of the Executors in the said
Installment Sales Agreement to Financial Trust Services Company, Trustee under Will of Dale K.
Fetrow. Keystone Financial Bank, Plaintiff herein, is the successor by merger to the said Financial
Trust Services Company.
7. The Installment Sale Agreement is in default because of Defendants' failure to pay the
1999 County and Township Real Estate taxes when due in the amount of $1 ,609.20, Plaintiff has
paid these taxes on behalf of the Defendants to protect Plaintiff's interest in the real estate subject
to the taxes.
8. The Installment Sale Agreement is further in default because of Defendants' failure to
make payments due on October 1" 1999 and July 1,2000, The following amounts are now due on
the mortgage:
Principal balance
Interest from September 1, 1999 through June 30, 2000
1999 County and Township Real Estate taxes advanced
Attorney's fee
TOTAL
$114,199.97
9,516.70
1,609.20
5.710.00
$131.035,87
Plus interest from July 1,2000 at $31.72 per day.
9. In accordance with provisions of the Act of January 30,1974, Pub. Law. 13, No. 6, ~
403 (41 P.S. ~ 403) a Notice ofIntention to Foreclose Installment Sale Agreement dated February
2, 2000 was forwarded to each of the Defendants by certified mail, return receipt requested. Copies
of said notice and the signed retum receipts evidencing service on February 4, 2000 are attached
hereto and incorporated herein by reference as Exhibit "C".
WHEREFORE, Plaintiff respectfully requests judgment in favor of Plaintiff and against
Defendants in the amount of 1$31,035,87, together with interest thereon, all other amounts
advanced by Plaintiff, costs, and such further relief as the Honorable Court may Order.
Respectfully submitted,
Frey & Tiley,
Robert G. Frey, Esquire
Supreme Court Number 46397
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
By:
I verify that the statements made herein are true and correct and understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. A. S 4904 relating to unswom
falsification to authorities,
Dated: July 11,2000
Keystone Financial Bank
by: ane Burke, Vice-President
stll~
INSTALLMENT SALES AGREEMENT
ENTERED INTO, This 22nd day of January, 1998. BETWEEN CAROL A,
LOMBARDO and PAUL CASNER and ROBERT M, FREY, Executors of the Last Will and
Testament of DALE K. FETROW. also known as DALE FETROW, late of South Middleton
Township, Cumherland County, Pennsylvania, Deceased, hereinafter whether singular or plural
called party of the first part,
AND RANDY L. ATHERTON and DEBORAH E. ATHERTON. husband and wife. of
Green Township (mailing address: 1453 Scotland Main Street. Chambersburg. Pennsylvania
17201), Franklin County. Pennsylvania, bereinafterwhether singular or plural called party of the
second part,
WITNESSETH: That the said parly of the first part. in consideration of the terms and
conditions hereinafter mentioned and contained. agrees to grant and convey unto the said party of
the second pan, their heirs and assigns,
ALL THAT certain triangular piece or parcel of land situate west of Shippensburg. in the
Township of Shippensburg. County of Cumberland. Commonwealth of Pennsylvania. bounded
and described as follows:
BEG INNING at a point at the northernmost projection of said tract, in the centerline of
Legislative Route 28009 (Mainsville Road): thence from said point continuing in tbe centerline of
Legislative Route 28009, South 29 degrees 58 minutes 34 seconds East a distance of 277,57 feet
to a point in tbe centerline of Legislative Route 28009; thence from said point, South 61 degrees
44 minutes 27 seconds West a distance of283,91 feet to a point on the right-of-way line of lands
of Conrail Railroad; thence from said point along the said Conrail Railroad right-of-way line.
North 19 degrees 14 minutes 48 seconds East a distance of 155.52 feet to a point; thence from said
point and continuing along the right-of.way of Conrail Railroad, South 74 degrees 52 minutes 26
seconds West a distance of 23,22 feet to a point along the right-of-way of the former Old
Fayetteville Road; thence from said point along the right-of-way of the former Old Fayetteville
Road. North 19 degrees 25 minutes 18 seconds East a distance of 248,22 feet to a point in the
centerline of Legislative Route 28009 (MainsviIle Road), the Place of BEGINNING,
CONTAINING ,9258 acres, more or less. as is shown on a survey of land for Ray C.
and Janet I. Porte" prepared by William A, Brindle Associates Surveying dated July 17. 1987,
THE ABOVE-described tract of land has thereon erected a concrete block bUilding which
has the mailing address of 408 South Fayette Street, Shippensburg. Pennsylvania 17257,
IN ADDITION thereto. Grantors do hereby release and quit-claim all of their right. title
and interest in that Portion of the property shown on the survey of land prepared for Ray C, and
Janet I. Porter by William A, Brindle Associates Surveying dated July 17. 1987. which is
identified as the OLD FAYETTEVILLE ROAD. which is noted on said plan as having been
abandoned.
THE ABOVE-described real estate is COnveyed subject to the easements. restrictions and
reservations set forth in the deed from Wesley L. Pierce and Doris J, Pierce, husband and wife. to
Ray C, Porter and Janet I. Porter, husband and wife, by deed dated January 15. 1979. and
recorded in the hereinafter named Recorder's Office in Deed Book "G". Volume 28, Page 144. to
the same extent and effect as if they were fully set forth herein.
THE WITHIN conveyed property is all of the property which Ray C. Porter and Janet I.
Porter, husband and wife, by deed dated July 23. 1987, and recorded July 23, 1987, in the Office
of the Recorder of Deeds in and for Cumberland County al Carlisle, Pennsylvania, in Deed Book
"V". Volume 32. Page 31. granted and COnveyed to Dale Fetrow,
IN CONSIDERATION WHEREOF, the said party of the second part agrees to pay to
the said party of the first part therefor. Ihe sum of $135,000.00 DOllars, as follows:
(I) $I5,000.00Dollars on or before March 1,1998.and
AUTHENTICATED BY
PARTY OF THE FIRST PART:
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Page I of 4 Pages
AUTHENTICATED BY
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BOOK 570 PAGE
8
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(2) The balance of$120,000.00 doUarsin monlhly installments of $1 ,300.00 DoUars.
said monthly installments to be applied first to interest at the rate of Ten (10%) per centum per
annum on the unpaid balance of principal. and the remaining portion of each such installment to
reduction of principal, said montWy installment to be paid on or before the 1st day of each momh.
beginning March I. 1998, and thereafter on or before the 1st day of each succeeding month until
principal and interest have been fully paid, except that. if not sooner paid, the said principal and
interest shaU be paid in full by March I. 2003. anything herein contained to the contrary
notwithstanding,
The party of the second pari shaU have the privilege of paying as much more than the
required monthly installment of principal and interest as desired. and nothing contained in this
Agreement shaU be construed to limit reduction of principal to said amount. Interest shaU be
computed on the unpaid principal balance.
In addition to the said monthly instaUments on account of purchase price and interest thereon.
the said party of the second part agrees to pay Ihe taxes. municipal assessments, utility charges, if
any, make aU necessary repairs to the premises, and to keep in force not less Ihan the larger of
100% of the insurable value or $120.000,00 DoUars of Fire Insurance and extended coverage.
issued by a reliable insurance company approved by party of the first part. with loss payable to the
parties herelo as their interests may appear. a copy of said policy to he senl to the party of the first
part.
Party of the second part shall carry public liability and property damage insnrance with
reasonahle limits of liability. issued hy a reliable insurance company approved by party of the first
part. insuring the party of the first part herein and the party of the second part herein. and a copy
of said policy shall be sent to the party of the first part,
AU payments shaU be made monthly to the Trust Department at Financial Trust Company,
One West High Street, p. 0, Box 220. Carlisle, Pennsylvania 17013. or al such other place as
may from time to time be set forth in writing, and the check made payable to Financial Trust
Services Company for Trust U/W of Dale Fetrow.
It is also agreed between the parties hereto that POssession of the said premises shaU be
delivered to the said party of the second part on the March I, 1998. and that said parly of the
second part shaU be entitled to receive rents, issues. and profits 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 SUbstantial 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. which consent shall not be unreasonably withheld,
Taxes for prior years have been paid, Taxes for the current year shall be pro-rated between
the parties hereto using the fiscal years of the taxing authorities as the basis, and March I, 1998.
as the pro-rating date, When legal title is taken by the party of the second part, party of the second
part shaU pay all of the State and Local Realty Transfer Taxes then in effect, and the party of the
first party shall pay none.
If this property is cOnveyed 10 a third party at the request of the party of the second part, then
aU realty transfer taxes on snch conveyance shaU be paid by such Ihird party and the party of the
second part as they may agree, and none shaU be paid by the party of the first part,
Party of the first part shaU have the privilege of encumbering the premises which are the
subject of Ihis agreement by a mortgage or otherwise. provided that at no time may any such
encumbrance exceed the unpaid principal balance of this agreement. and if party of the first part
should default in,making any payments which may be required in connection with any such
mortgage or other encumbrance. Ihe parly of the second pari shaU have the priVilege of applying
any Sums payable pursuant to this agreement to such encumbrance holder.
Upon compliance with the foregoing terms and conditions and payment of the said purchase
price in fuU by the said party of the second part. the said party of the first part will, at the expense
of party of the first part. make. execute. and 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 aU encumbrances, suhJect only to easements and restrictions. visible or of record. such
conveyance to contain the usual Covenants of special warranty.
AUTHENTICATED BY
PARTY OF THE FIRST PART:
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Page 2 of 4 Pages
AUTHENTICATED BY
PARTY OF THE SECOr PART:
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BOOK 570 PAGE
9
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In the event the said party of the second part shall fail to make any monthly payment for a
periOd 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. at the option of the party of the first part. become null and
void and the said party of the second part may treat all monies then paid as liquidated damages.
representing the fair rental value of the property during the time Ihe same shall have been occupied
by the party of the second part.
If default shall be made in the payment of any monthly payment for a periOd 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 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 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 as above set forth, 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
ejectment 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
Writ of Execution for costs, waiving all irregularities, without notice and without leave of Court,
and with Two Hundred Dollars ($200,00) added as reasonable attorney's fee,
Acceptance by Ihe party of the first part of any of the aforesaid monthly payments after Ibe
same shall have become past due and in default. or any failure 10 enforce any of the rights herein
reserved to the parties of the first part. or any of the penalties, damages or conditions herein
Contained. shall not in any wise be considered a waiver of the righl 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 institute any of the other proceedings herein provided, but all
of the rights of the party of the first part, and all penalties, damages and conditions may be
enforced together or successively at the option of the party of the first part,
No modification of Ihis 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 Agreement shall not be assignable. in
whole Or in part. without Ihe prior written consent and approval of the party of the first part, and if
such assignment 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 Ibe
first part. Transfer of title by Will, surVivorShip. or by descent shall not be regarded as an
assignment requiring the consent and approval of the party of the first part,
This Agreement is to extend to and be binding upon the heirs. SUccessors, executors.
administrators, and assigns of the parties hereto.
IN WITNESS WHEREOF. the Parties herelo have executed this Agreement, consisting
of four (4) pages, the day and year first above written.
WITNESSES:
By:
~~~
Paul Casner, Executor
Estate of Dale K. Fetrow, also known ~
Dale Fetrow, Deceased =:3 :.;:
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Carol A. Lombardo. Executor Q ',.
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Page 3 of 4 Pages
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BOOK 571l I^GE 10
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By:
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Robert M, Frey, Executor \
&Y-L~h~n~
O..L..ntJ.. E" Il1trrI,wJ(SEAL)
Deborah E. Atherton
(SEAL)
(SEAL)
State of Pennsylvania
County of Cumberland
On this, the A,,,,j- day of 1!)Mcl, , 1998, before me, the undersigned officer, personally
appeared Carol A Lombardo and Paul Casner and Robert M. Frey, Executors of the Last Will and
Testament 0 f Dale K. Fetrow, aIkIa Dale Fetrow, late of South Middleton Township, Cumberland
County, Pennsylvania, Deceased, known to me (or satisfactorily proven) to be the persons whose
names are subscribed to the within instrument, and acknowledged that they executed the same in
the capacity therein stated and for the pUrposes therein contained.
55:
IN WITNESS WHEREOF. I hereunto set my hand and official seal.
NOTARIAL SEAL
KRISTA KING, NOTARY PUBLIC,
CARLISLE, CUMBERLAND COUNn PA
MY COMMISSION EXPIRES JUNE 27,1998
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State of Pennsylvania
County of Cumberland
ss:
On this, the 22nd day of January, 1998, before me, the undersigned officer, personally
appeared Randy L. Atherton and Deborah E. Atherton, husband and wife, known to me (or
satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and
acknowledged that they executed the same for the pUrposes therein contained,
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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NOTARIAL SEAL
G NOTARY PUOUC
KRISTA ~I~BERLAND C(llJNT'r' PA
~A=~;S~~N EXPIRES ,iUNl27,i9S8
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AUTHENTlCATEDBY
PARTY OF THE SECOND PART:
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BOOK 570 "^LE 11
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FREY & TILEY
ATTORNEYS.AT_LAW
5 SOUTH HANOVER STREET
CARUSLE. PENNSYLVANIA 17013
ROBERT M. FREY
OF COUNSEL
STEPHEN D, TILEY
ROBERT G. FREY
TELEPHONE (717} 243-5838
ASSIGNMENT OF INSTALLMENT SALES AGREEMENT
FACSIMILE (717) 243-6441
THE ()NDERSIGNED three Executors of the Estate of Dale K,
Fetrow, also known as Dale Fetrow, Deceased, do hereby assign to
Financial Trust Services Company, Trustee under Will of Dale K,
Fetrow. all of the right. title and interest of the Executors in
an Installment Sales Agreement entered into by the undersigned
Executors with Randy L, Atherton and Deborah E, Atherton. husband
and wife. dated January 22, 1998. and recorded March 2, 1998,
concerning the premises at 408 South Fayette Street in
Shippensburg Township. Cumberland County. PennsYlvania. on which
Installment Sales Agreement there is an unpaid principal balance
of $120,000.00 plus interest, etc., from March 1, 1998.
This Assignment is made without recourse.
The undersigned Executors agree to convey the premises which
are the subj ect of said Installment Sales Agreement to said
Financial Trust Services Company or its nominee, under and subject
to said Installment Sales Agreement. at such time as the under-
signed may be requested to do so.
INTENDING TO BE LEGALLY BOUND HEREBY. the undersigned have
executed this instrument this 2nd day of March, 1998.
ESTATE OF DALE K. FETROW, ALSO
KNOWN AS DALE FETROW, Deceased
By,
~- Q . .;B'r>JL. -'__
Carol A. Lombardo
By,
R"APr3,.",O-
Paul Casner
By,
rc~~h
Robert M. Frey
7>'r-
Commonwealth of PennsYlvania:
County of Cumberland
55:
On this the 2nd day of March, 1998, before me, the undersigned
officer. personally appeared Carol A. Lombardo, Paul Casner, and
Robert M. Frey, Executors of the Estate of Dale K.. Fetrow, also
known as Dale Fetrow. Deceased. known to me to be the persons
whose names are subscribed to the within instrument, and
acknowledged that they executed the same for the purposes therein
contained, and in the capacity therein stated.
IN Wli'NESS WHEREOF, I hereunto set my hand and official
seal.
NOTAAIAJ.SEAL ~ fsL
KRISTA KING. NOTAIlYPU8UC
CAAlISLE. CUMBfRLAND COUNTY PA
"'CO""ISS.NEX""",JU_':':~.~'!! ~ - r(SEAL)
EXHHtIT" A"
NOTICE OF INTENTION TO FORECLOSE INSTALLMENT SALE AGREEMENT
The Installment Sales Agreement held by KeYSlone Financial Bank (hereinafter we, us Or
ours) On your property located at 408 South Fayette Street, Shippensburg, Pennsylvania, IS IN
SERIOUS DEFAULT because you have not made the monthly paymenls of $1,300,00 for the
months of October, November, and December, 1999 and the months of January and February.
2000, Tbe total amount now required to Cure this default. or in other words, get caught up in your
payments. as of the date of this letter is $6,500,00,
You may cure thIs default within THIRTY (30) DAYS of the date of this
letter, by paying to us the above amount of $6,500.00, plus any additional
monthly payments and charges which may fall due during thIs period. Such
paymcnt must be made either by cash. cashier's check, certified check, or money order, and made
at Keystone Financial Bank, I West High Street, Carlisle. Pennsylvania 17013.
If you do not cure Ihe default within THIRTY (30) DAYS. we intend to exercise OUr
right to accelerate the Installment Sale Agreement payments. This means that
whatever is Owing on the original amount borrowed will be considered due immediately and you
may lose the chance to payoff the original Installment Sale Agreement in monthly installments, If
full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend
to instruct our attorneys to start a lawsuit to foreclose your secured property. If
the Installmeut Sale Agreement is foreclosed your secured property will be sold
by the sheriff to payoff the Iustallment Sale Agreement debt. If we refer your case to ,,'
Our attorneys. but you Cure the default before they begin legal proceedings against you, you will
still have to pay the reasonable attorney's fees actually incurred. up to $50,00, However. if legal
proceedings are started against you, you will have to pay tbe reasonable attorney's fees even if tbey
are over $50,00, Any attorney's fee will be added to whatever you OWe us. wbich may also
include Our reasonable costs, If you CUre the default within the thirty-day period, you
will not be required to pay attorney's fees.
We may also sue you personally for the unpaid principal and all other SUms due under Ihe
[nstallment Sale Agreement, We amy also in Ejectment to have you removed from the property
prior to a Sheriffs sale of the property.
If you have not cured the default within the thirty-day period and foreclosure proceedings
have begun. you still have the right to Cure the default and preveut the sale at any
time up to OUe hour before the sheriff's foreclosure sale. You may do so by
payiug the total amount of the unpaid monthly payments plus auy late or other
charges then due, as well as the reasonable attorney's fees and costs connected
with the foreclosure sale aud perform any other requirements uuder the
Installment Sale Agreement. [t is estimated that tbe earliest date that Such a sheriff's sale
could be beld would he approximately June 9, 2000, A notice of the date of the sheriff's 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 will be by
calling us al the fOllOWing number: (717) 243-5838, This payment must be in cash, cashier's
check, certified check, or money order and made payable to us at the address stated above,
You should realize that a sheriff's sale will end your ownership of the secured property and
your right to remain in it. If you continue to live in the properly after the sheriff's sale, a laWSUit
could be started to evict YOt!.
You have additional rights to help protect your interest in the property. YOU HAVE THE
R[GHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE INSTALLMENT
SALE AGREEMENT DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING
INSTITUTION TO PAY OFF THIS DEBT, YOU HAVE THE RIGHT TO HAVE THIS
DEFAULT CURED BY ANYTH!RDPARTY ACTION ON YOUR BEHALF.
If you cure the default, the Installment Sale Agreement will be restored to
the same position as if uo default had occurred. However, you are not entitled to this
right to Cure your default more than three times in any calendar year.
Robert G, Frey
Attorney for Keystone Financial Bank
5 South Hanover Street
Carlisle, Pennsylvania 17013
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-Complete Items 1 and/or 2 for additional services.
-Complete items 3,48. and 4b.
.Print your name and address on the reverse of this form so that we can return this
card to you.
-Attach this form to the fronl of the mailpiece, or on the back jf space does not
permit.
-Write"Retum R8C9ipt Requested" on the maitpiece below the article number.
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STATE OF PENNSYLVANIA,
COUNIY OF CUMBERLAND
} ss.
Robert P Ziegler
I, --------------------___________________________________-----__________________Ilecorderof
Deeds in and for said County and State do 'hereby cenify that the Sherifrs Deed in which ________________
___!:oJ:.ner_.Er.op~tili\lL.l.L(:____________________ ____________________________________ is the grantee
the same having been sold to said grantee on the _________________________~!_~__________________ day of
_______~~p~_<:.'!!~~:_________n_______n___ A. D.. ,zOOl___n. under and by virtue of a writ___n__n_____
____~_~~~.?_t..~~~___ ________ _______ ____ _ n__ _ n ___ issued on the ___ _lZJJ.!___ ____ __ __ __ ____ ______ __ n_
of June A 200", '
day --------------------______ . D., _____, out of the Coun of Cornman Picas of said County as of
Civil , 2000
------------------------------...----------------- ------------------_______________ Term, . ._____
Number ___~.?_~~______, at the suit of -_X~y.!'_t;,Q!!!'_K~~~.!'_<:.~~.!___~~!l!<_.__!:~_'~,~~:__(:L~_~':_~:_':~:__~~~:r Wi 11
of Dale K Fetrow
------------------ --- ------- - -- - - -- against- _~~!.lEL_~_~_.R ~ ~_o_z:~~ _~_ _~ E~:.:.~ S>!1_ _ __ __ ______ __ ___ is
duly recorded in Sherifrs Deed Book No. ___~~.!l______, Page __:>_2_~~____..
IN TESTIMONY WHEIlEOF, I have hereunto
set my hand and seal of said office this ____?::_?::.__ day
of __n___~_~___________ A. D., .;2..<l "_L_
m~--f}~--~1.~~
Recorder of Deeds, Cumberland County, Carlisle, PA
My Commis~on E,pires the First Monday III Jan. 2002
Keystone Financial Bank, Trustee
Of the trust under will of Dale K.
Fetrow
VS
Randy L. Atherton and Deboral1
E. Atherton
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2000-4966 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made
a diligent search and inquiry for the within named defendants, to wit: Randy L. Atherton
and Deboral1 E. Atherton, but was unable to locate them in his bailiwick. He therefore
deputized the Sheriff of Franklin County, Pennsylvania, to serve the within Real Estate
Writ, Notice, Poster and Description according to law. Defendants no longer reside at
408 South Fayette Street, Shippensburg, P A. Post office supplied a forwarding address
of 2087 Ft. Loudon Road, Mercersburg, Franklin County, Pennsylvania 17236.
Franklin County Return: Jason Bitner, Deputy Sheriff, who being duly sworn
according to law, says that he made a diligent search and inquiry for the within named
defendant, to wit: Randy Atherton, on July 19,2001, but was unable to locate him in his
bailiwick. He therefore returned the Writ of Execution, Not Found, as to the within
named defendant, Randy L. Atherton. Defendant moved, left no forwarding address. So
Answers: Jason Bitner, Deputy Sheriff.
Franklin County Return: Jason Bitner, Deputy Sheriff, who being duly sworn
according to law, says, that he made a diligent search and inquiry for the within named
defendant, to wit: Deboral1 E. Atherton, on July 19,2001, but was unable to locate her in
his bailiwick. He therefore returns the Writ of Execution, Not Found, as to the within
named defendant, Deboral1 E. Atherton. Defendant moved, left no forwarding address.
So Answers: Jason Bitner, Deputy Sheriff.
Robert L. Fink, Sr., Deputy Sheriff, who being duly sworn according to law,
states that on July 2, 2001 at 11 :00 o'clock A.M., EDST, he posted three house trailers
and a main building with a true copy of the within Real Estate Writ, Notice, Poster and
Description located at 408 South Fayette Street, Shippensburg, PA 17257, according to
law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after
due and legal notice had been given according to law, exposed the within described
premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County,
Pennsylvania, on September 5, 2001 at 10:00 o'clock A.M., E.D.S.T., and sold the same
for the sum of$127,000.00 to Konrad Strawmyre for Corner Properties LLC. It being
highest bid and best price received for the same, Corner Properties LLC of P.O. Box 147,
Shippensburg, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of
$133,165.60.
Sheriff s Costs:
Docketing
Poundage
Posting Handbills
Advertising
$ 30.00
2540.00
15.00
15.00
This 2..l.&t day of (Jdi;JI.,.
2001, A.D. ~h'- 0.. l1uli..., ~
Prothonotary
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
Mileage
Certified Mail
Levy
Surcharge
Out of County
Franklin County
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriffs Deed
Sworn and subscribed to before me
30.00
10.00
.50
1.00
13.65
4.28
15.00
30.00
9.00
36.02
474.65
384.33
25.66
25.00
26...iQ
$3,685.59 paid by buyer
10-05-01
~&..~~~
R. Thomas Kline, Sheriff
BY(~O~SVllLi~
Real Est e Deputy
~v
,0, <l" @"
),~ 3,Fi;):t....
. jt;: UP'If
.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO, 00-4966 CIVIL J9{ TER'I
CIVIL ACTION - LAW
TO THE SHERIFF OF C1l!11herland
COUNTY
To satisfy the debt, interest and costs due Kpy"tnnp Finflnr.ifl1 Bflnk Trustee of the
TnJRt under Wi 11 of Dale K. Fetrow PLAINTIFF(S)
trom Rflnny T.. Athertnn and Deborah E. Atherton 408 South Fayette Street,
Shippensburg. Penna,
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell
408 South Fayette Street. Shippensburq, Cumberland County, Pennsylvania
(See legal descr:i.ption attached)
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
GARNISHEE(S) as follows:
and to notffy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the POssession of anyone other
than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above
stated,
Amount Due
L.L.
Due Prothy
Other Costs
$0 ~o
1 00
$131. n<~ 87
Interest
Jll1~7 1. ?onn
Atty's Comm
Atty Paid ___--.-.$11<).07
Plainmf Paid
%
Date:
.111np 1? J001
Curtis R. Long
Prothonotary, Civil Division
by 0'1"-'- (2. Ih ,,/~. -'
REQUESTING PARTY:
Daputy
Name Rnhprt G, Frp,y. Esg,
Address: 5 South Hanover Street
Carlisle, Pa. 17013
Attorney for: Plaint-; rr
Telephone: (717) ?41-~838
Supreme Court ID No, 4h,<)7
REAL EST ATE SALt i~o.. 50
@
1
un J LLIV- 18, 200 I lt1b ;,uerln leVIe<l ~flon the I1tH6111.(;
interest in the real property situated in ~ I~
Gumberfand County, Pa., knov, 'r^ numbered as: 40 F hid;( fc.~-Jfw.f
~ and more fUll,," ,oed on Exhibit "A" flied w
this writ and by thts reference incorporated herein.
08t8=--J ILJU. I f" 200 I By:
) r'~l~3d
~\H"4 r,l,:' ''''")
-,..",.,'\ '"
r \ \\I\r
\G. ~,d ~I\ t: ~" r
,'j1j1'\0IJ
~l"\W) , , ;l" .~\HO
HI'tl3\-\S :l"l '
,
SCHEDULE OF DISTRIBUTION
SALE NO. 50
Writ No. 2000-4966 Civil Term Filed October 5,2001
Keystone Financial Bank, Trustee of the Trust under will of Dale K. Fetrow
VS
Randy L. Atherton and Deboral1 E. Atherton
Date of Sale:
Buyer:
Bid Price:
September 05, 2001
Corner Properties, LLC
$127,000.00
Real Debt
Interest
Attorney writ costs
$131,035.87
2,093.52
139.02
Total
$133,268.41
Distribution
Amount Collected
Legal Search
Local Transfer Tax
State Transfer Tax
Sheriff s Costs
Credit Writ No. 2000-6192 Civil Term
Credit Writ No. 2000-6192 Civil Term
Cumberland County Tax Claim Bureau
Credit Writ No, 2000-4966 Civil Term
i~~
R. Thomas Kline, Sheriff
$133,165.60
200.00
1,712.80
1,712.80
3,685.59
643.80
2,660.00
828.00
121,722.61
TITLE REPORT
THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING
ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY
EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED.
SHERIFF SALE NO. 50
Held Wednesday, September 5, 2001
Date: September 5, 2001
TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive. Taxes for the current year
2001.
WATER RENT:
SEWER RENT
Company assumes no liability for private supply of water or sewer.
Receipts to be produced if services are lienable,
MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims.
MUNICIPAL CLAIMS
MORTGAGES: Listed Under Other Exceptions Below.
JUDGMENTS: Listed Under Other Exceptions Below.
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated , 200 1, and recorded
,2001, in Cumberland County Deed Book , Page
RECITAL: BEING the same premises which Ray C. Porter and Janet 1. Porter, husband and wife,
by deed dated July 23, 1987 recorded July 23, 1987 in the Office of the Recorder of Deeds in and
for Cumberland County in Carlisle, Pennsylvania in Deed Book "V," Volume 32, Page 31 granted
and conveyed to Dale Fetrow. Being further the same premises which the Executors of the Last
Will and Testament of Dale K. Fetrow by Installment Sale Agreement dated January 22, 1998 and
recorded May 2, 1998 in Miscellaneous Record Book 570. Page 8, agreed to sell to Randy L.
Atherton and Deborah E. Atherton, husband and wife.
OTHER EXCEPTIONS:
1. The identity and legal competency of parties at the closing of this title should be
established to the satisfaction of the closing attorney acting for this Company.
2. Rights or claims of parties in possession, if any, other than the owner.
3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area
and encroachments which an accurate and complete survey would disclose.
4. Payment of State and local Real Estate Transfer Taxes, if required.
5. Public and private rights in the roadbed ofL.R. 28009, known as Mainsville Road.
6. Subject to rights of Conrail Railroad, its successors and assigns in right-of-way
adjoining the subject premises.
7. Possible rights of others in the roadbed of that portion of the premises which is
designated on survey prepared by William A. Brindle, Associates, as being Old
Fayetteville Road and is noted on said plan as having been abandoned.
8. Complaint filed by Keystone Financial Bank, Trustee of the Trust under Will of Dale K.
Fetrow as Plaintiff against Randy L. Atherton and Deboral1 E. Atherton as Defendants
in the office of the Prothonotary of Cumberland County to file number 2000-4966.
default judgment in the amount of $131,035.87 entered May 3, 200 1.
9. Transcript of Judgment filed on May 5, 2000 by C.F.J.M.A. as Plaintiff against Randy
L. Atherton as Defendant in the Office of the Prothonotary of Cumberland County to
File No. 2000-2832 in the amount of $389.79. Said judgment is against only one of
record owners of equitable interest, but may be a lien on the property in the event of
death or divorce of other equitable owner.
10. Transcript of Judgment filed on May 5, 2000 by C.F.J.M.A. as Plaintiff against Randy
L. Atherton as Defendant in the Office of the Prothonotary of Cumberland County to
File No. 2000-2833 in the amount of $520,85. Said judgment is against only one of
record owners of equitable interest, but may be a lien on the property in the event of
death or divorce of other equitable owner.
11. Municipal lien filed on September 11,2000 by Shippensburg Township as Plaintiff
against Randy L. Atherton and Deboral1 E. Atherton as Defendants in the office of the
Prothonotary of Cumberland County to file number 2000-6192 in the amount of
$643.80.
12. Exemplified Record of Judgment filed on December 26, 2000 by SED International, Inc.
as Plaintiff against Randy L. Atherton as Defendant in the Office of the Prothonotary of
Cumberland County to File No. 2000-8787 in the amount of $762.48. Said judgment is
against only one of record owners of equitable interest, but may be a lien on the property
in the event of death or divorce of other equitable owner.
13. Municipal lien filed on July 27, 2001 by Shippensburg Township as Plaintiff against
Randy L. Atherton and Deboral1 E. Atherton as Defendants in the office of the
Prothonotary of Cumberland County to file number 2000-6192 in the amount of
$2,660.00.
14. Satisfactory evidence to be produced that proper notice was given to the holders of all
liens and encumbrances intended to be divested by subject Sheriff Sale.
15, Real estate taxes accruing on and after January 1,2002 not yet due and payable.
It is to be noted that no search of Domestic Relations Records has been made to
determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any
search been made for environmental liens in Federal District Court,
Robert G. Frey, Agent
Note: This Title Report shall not be v lid 0 binding
until countersigned by an authorized signa ry,
REAL ESTATE SALE NO. 50
Writ No, 2000-4966 Civil
Keystone Financial Bank.
Trustee of the Trust Under Will
of Dale K. Fetrow
vs,
Randy L, Atherton and
Deborah E. Atherton
Atty,; Robert G, Frey
ALL THAT certain triangular piece
or parcel of land situate west of Ship-
pensburg. in the Township of Ship.
pensburg. County of Cumberland.
Commonwealth of Pennsylvania.
bounded and described as follows:
BEGINNING at a point at the
northernmost projection of said
tract, in the centerline of Legisla-
tive Route 28009 (Mainsville Road);
thence from said point continuing
in the centerline of Legislative Route
28009, South 29 degrees 58 min-
utes 34 seconds East a distance of
277.57 feet to a point in th~ cen-
terline of Legislative Route 28009;
thence from said point. South 61
degrees 44 minutes 27 seconds
West a distance of 283.91 feet to a
point on the right -of-way line oflands
of Conrail Railroad: thence from
said point along the said Conrail
Railroad right-of-way line, North 19
degrees 14 minutes 48 seconds
East a distance of 155.52 feet to a
point: thence from said point and
continuing along the right -of-way of
Conrail Ra1lroad. South 74 degrees
52 minutes 26 seconds West a dis-
tance of 23.22 feet to a point along
the right-of-way of the former Old
FayettevtIle Road: thence from said
point along the right-of-way of the
former Old Fayetteville Road, North
19 degrees 25 minutes 18 seconds
East a distance of 248.22 feet to a
point in the centerline of Legislative
Route 28009 (Mainsville Road). the
Place of BEGINNING.
CONTAINING .9258 acres, more
or less, as is shown on a survey of
land for Ray C. and Janet 1. Porter
prepared by William A. Brindle As-
sociates Surveying dated July 17,
1987,
THE ABOVE-described tract of
land has thereon erected a concrete
block building whIch has the mail-
ing address of 408 South Fayette
Street. Shippensburg. Pennsylvania
17257.
TOGETHER WITH that portion
of the property shown on the sur-
vey ofland prepared for Ray C. and
Janet I. Porter by WillIam A. Brindle
Associates SUIVeying dated July 17.
1987. which is identified as the OLD
FAYETTEVILLE ROAD. which Is
noted on said plan as having been
abandoned.
THE WITHIN conveyed property
Is all of the property which Ray C,
Porter and Janet I. Porter, husband
and wife. by deed dated July 23,
1987, and recorded July 23. 1987.
in the Office of the Recorder of
Deeds in and for Cumberland Coun-
ty at Carlisle. Pennsylvania. in Deed
Book "V". Volume 32. Page 31. grant-
ed and conveyed to Dale Fetrow. It
being also the same premises which
the Executors of the Last Will and
Testament of Dale K. Fetrow. also
known as Dale Fetrow, by Install-
ment Sales Agreement dated Janu-
ary 22, 1998 and recorded March
2, 1998 in Miscellaneous Record
Book 570, Page 8. did agree to sell
to Randy L. Atherton and Deborah
E. Atherton.
Tax Parcel Nos,; 36-35-2388-018,
36-35-2388-018 TR04313,
36-35-2388-018 TR04314.
36-35-2388-018 TR06121.
5
,
KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYL VANIA
CIVIL ACTION - LAW
NO. 00-4966 CIVIL TERM
RANDY L. ATHERTON AND,
AND DEBORAH E. ATHERTON
Defendant
AFFIDAVIT PURSUANT TO RULE 3129
M&T Bank, successor by merger of Keystone Financial Bank, Trustee of the Trust Under
Will of Dale K. Fetrow, Plaintiff in the above-captioned action, sets forth as of the date that the
Praecipe for the Writ of Execution was filed, the following information concerning the real property
located at 408 South Fayette Street, Shippensburg, Cumberland County, Pennsylvania, and more
particularly described in a complete description thereof which is attached hereto as Exhibit "A"
and incorporated herein by reference as though fully set forth, as follows:
1. The name and address of the owner or reputed equitable owner is Randy L.
Atherton and Deborah E, Atherton, whose last known address is 408 South Fayette Street,
Shippensburg, P A 17257.
2. The name and address of the Defendant in the judgment is Randy L. Atherton and
Deborah E. Atherton, whose last known address is 408 South Fayette Street, Shippensburg, PA
17257.
3. The names and last known addresses of every judgment creditor whose judgment is
a record lien on the real estate to be sold are as follows:
4. The names and addresses of the last recorded holder of every mortgage of record
other than the mortgage which is the subject of this action are as follows: None
5. The names and addresses of all other persons who have any record interest in or
record lien on the real estate and whose interest may be affected by the sale are as follows:
6. The names and address of all other persons of whom the Plaintiff has knowledge
who have any interest in the real estate which may be affected by the sale are as follows:
Randy L. Atherton
Deboral1 E. Atherton
408 South Fayette Street
Shippensburg, PA 17257
Shippensburg Township
c/o Barry L. Negley, Taxcollector
2 Partridge Trail
Shippensburg, P A 17257
Cumberland Franklin Joint Municipal Authority
725 Municipal Drive
Shippensburg, P A 17257
Shippensburg Area School District
c/o Barry L. Negley, Taxcollector
2 Partridge Trail
Shippensburg, P A 17257
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, P A 17013
Shippensburg Township
P. 0, Box 2219
Shippensburg, P A 17257
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge, information, and belief. 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: June 7, 2001
$~
Robert G. Frey
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-4966 CIVIL TERM
KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
RANDY L. ATHERTON AND,
AND DEBORAH E. ATHERTON
Defendant
NOTICE OF SALE OF REAL ESTATE UNDER PA. R.C.P. 3129,2
Robert G. Frey, Attorney for M & T Bank, successor by merger of Keystone Financial
Bank, Trustee of the Trust Under Will of Dale K. Fetrow, Plaintiff in the above captioned action,
being duly swom, says:
1. The premises which is the subject of this action is 408 South Fayette Street,
Shippensburg (Shippensburg Township), Cumberland County, Pennsylvania. A complete
description is attached hereto and incorporated herein as Exhibit "A".
2. The improvements situate on the premises consists of a garage with apartments and
three mobile homes.
3. The judgment of the Court on which this sale is being held is entered to 00-4966.
4. The names of the equitable owners are Randy L. Atherton and Deborah E. Atherton
and the last known address of the owners is 408 South Fayette Street, Shippensburg, Pennsylvania.
5. The time and place of the Sheriffs Sale is 10:00 a. m. on September 5, 2001, in the
Commissioners' Hearing Room, Cumberland County Courthouse, Carlisle, Pennsylvania.
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 advice.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: 717-249-3166
NOTICE OF SCHEDULE OF DISTRIBUTION
7. A Schedule of Distribution will be filed by the Sheriff on the date specified by the
Sheriff not later than Thirty (30) days after the Sheriff's Sale, and that distribution will be made in
accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter.
-d
Robert G. Frey, Esquire
Supreme Court Number 46397
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge, information, and belief. 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: June 7, 2001
-d
ALL THAT certain triangular piece or parcel of land situate west of Shippensburg, in the
Township of Shippensburg, County of Cumberland, Commonwealth of Pennsylvania, bounded and
described as follows:
BEGINNING at a point at the northemmost projection of said tract, in the centerline of
Legislative Route 28009 (Mainsville Road); thence from said point continuing in the centerline of
Legislative Route 28009, South 29 degrees 58 minutes 34 seconds East a distance of 277.57 feet to
a point in the centerline of Legislative Route 28009; thence from said point, South 61 degrees 44
minutes 27 seconds West a distance of 283.91 feet to a point on the right-of-way line of lands
of Conrail Railroad; thence from said point along the said Conrail Railroad right-of-way line, North
19 degrees 14 minutes 48 seconds East a distance of 155.52 feet to a point; thence from said point
and continuing along the right-of-way of Conrail Railroad, South 74 degrees 52 minutes 26
seconds West a distance of 23.22 feet to a point along the right-of-way of the former Old
Fayetteville Road; thence from said point along the right-of-way of the former Old Fayetteville
Road, North 19 degrees 25 minutes 18 seconds East a distance of 248.22 feet to a point in the
centerline of Legislative Route 28009 (Mainsville Road), the Place of BEGINNING.
CONTAINING .9258 acres, more or less, as is shown on a survey of land for Ray C. and
Janet 1. Porter prepared by William A. Brindle Associates Surveying dated July 17, 1987.
THE ABOVE-described tract of land has thereon erected a concrete block building which
has the mailing address of 408 South Fayette Street, Shippensburg, Pennsylvania 17257.
TOGETHER WITH that portion of the property shown on the survey of land prepared for
Ray C. and Janet 1. Porter by William A. Brindle Associates Surveying dated July 17, 1987, which
is identified as the OLD FAYETTEVILLE ROAD, which is noted on said plan as having been
abandoned.
THE WITHIN conveyed property is all of the property which Ray C. Porter and Janet 1.
Porter, husband and wife, by deed dated July 23, 1987, and recorded July 23, 1987, in the Office of
the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book
"V", Volume 32, Page 31, granted and conveyed to Dale Fetrow. It being also the same premises
which the Executors of the Last Will and Testament of Dale K. Fetrow, also known as Dale Fetrow,
by Installment Sales Agreement dated January 22, 1998 and recorded March 2, 1998 in
Miscellaneous Record Book 570, Page 8, did agree to sell to Randy L. Atherton and Deborah E.
Atherton.
Tax Parcel Nos.:
36-35-2388-018
36-35-2388-018 TR04313
36-35-2388-018 TR04314
36-35-2388-018 TR06121
,
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16,1929
Commonwealth of Pennsylvania, County of Dauphin) ss
James L. Clark being duly sworn according to law, deposes and says:
That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing
under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818
Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of 1M
Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818
Market Street, in the City, County and State aforesaid: that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and ali have been continuously published
ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily andlor Sundayl Metro editions which appeared on the 24th and 31 st day{s) of July and the 7th
day(s) of August 2001, That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true: and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscell1eous Book "M",
';':;:~i;~::. ;;;,~;;.;;;;;;;;;;;;;.J!..t..;,~;.;...;.:;;;;;,;.. ,;;;
SALE#50
Notartal Soar
Terry L. Russell, Notary Pu
Harrisburg. Oaullhln County
Mv C'r'nt'lllsslor'l f Kpifes June 6, 20e2
M"",oer, POOf1SYNania ~'liOCiation.t NOI.t.Ivoeommission expires June 6, 2002
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTI-fOUSE
CARLISLE, PA, 17013
!
""~y1_ ,~.iliiIt;,~, '..
fotkJWj:i."., ,"'" ""', ,,' ,
~.. ' ...I1le........-'
~/jfsaiil=-'i~llIo~l...of
, 4l1i~.. ~~ IMains1llHoROad~ ,
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates $
Probating same Notary Fee(s) $
Total $
382.83
1.50
384,33
Publisher's Receipt for Advertising Cost
The Patriot News Co" publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid,
By....................................................................
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYL VANIA
SS.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that fue Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
VIZ:
JULY 20, 27, AUGUST 3, 2001
Affiant further deposes that he is authorized to verifY this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Writ No, 2000-4966 Civil
Keystone Financial Bank.
Trustee of the Trost Under Will
of Dale K. Fetrow
Ro~or --.
REAL ESTATE 8ALE NO. 50
vs,
SWORN TO AND SUBSCRIBED before me this
3 day of AUGUST. 2001
Randy L. Atherton and
Deborah E, Atherton
Atty,: Robert G, Frey
ALL TIlAT certain triangular piece
or parcel of land situate 'West of Ship-
pensburg. in the Township of Ship-
pensburg. County of Cumberland.
Commonwealth of Pennsylvania,
bounded and described as follows:
BEGINNING at a point at the
northernmost projection of said
tract, in the centerline of legisla-
tive Route 28009 lMalnsville Road};
thence from said point continuing
in the centerline of Legislative Route
28009. South 29 degrees 58 min-
___.utes....3A....seconds. EaR.t ~ rlIAt"'T1..... nf
>-~ii,~~''''
LOIS E. stMlER.::J~
Cartlsle Iloro, Cull
Mr ~ EllpirII M1rd15,
".-..;. ...........
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2000-04966 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
KEYSTONE FINANCIAL BANK
VS
ATHERTON RANDY L
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
ATHERTON RANDY L
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT & NOTICE
, NOT FOUND , as to
the within named DEFENDANT
, ATHERTON RANDY L
DEFT. NO LONGER RESIDES AT ADDRESS STATED, LEFT
NO FORWARDING, PAPER EXPIRED 8/12/00.
Sheriff's Costs:
Docketing
Service
Not Found Return
Surcharge
18.00
13.02
5.00
10.00
.00
46.02
omas Kline
riff of Cumberland County
FR & TILEY
09/11/2000
Sworn and subscribed to before me
/'1~
day of JI'JI....I..
this
.;lfrUO A.D.
~._ Q. /1.uip,
Pr h notary
-~.
,
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2000-04966 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
KEYSTONE FINANCIAL BANK
VS
ATHERTON RANDY L
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
ATHERTON DEBORAH E
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT & NOTICE
, NOT FOUND , as to
the within named DEFENDANT
, ATHERTON DEBORAH E
DEFT. NO LONGER RESIDES AT ADDRESS STATED, LEFT
NO FORWARDING, PAPER EXPIRED ON 8/12/00.
Sheriff's Costs:
Docketing
Service
Not Found Return
Surcharge
6.00
.00
5.00
10.00
.00
21. 00
omas Kline
riff of Cumberland County
FRE
09/
Sworn and subscribed to before me
this
/'I~
day of
f}
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,
.;l{nrL>
A.D.
~,u,..a. n"pb'-V,~
Prot 0 otary
KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUIvlBERLAND COUNTY,
PENNSYLVANIA
CIVil.- ACTION - LAW
NO. 00- 49100 CIVil.- TERM
RANDY L. ATHERTON AND,
AND DEBORAH E. ATHERTON
Defendant
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with 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.
CUIvlBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: 717-249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
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 accomodations available to disabled individuals having business before the court, please
contact our office. 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.
TRUe COpy FROM RECORD
In Taealh....1)' Wfloreot, I here unto., my MIlo
and .. ~ or said ~ C'.atlIIi8 fIB.
"': !h;~IJ!~~
Prothonota
KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CNIL ACTION - LAW
RANDY L. ATHERTON AND,
AND DEBORAH E, ATHERTON
Defendant
NO. 00-
CIVIL TERM
COMPLAINT
AND NOW, comes Keystone Financial Bank, Plaintiff, by and through Frey & Tiley
,
Attorneys at Law and respectfully states as follows:
1. Plaintiff is Keystone Financial Bank, a Corporation, Trustee of the Trust under Will of
Dale K. Fetrow. Plaintiffs address and place of business is 1 West High Street, Carlisle,
Cumberland County, Pennsylvania,
2. Defendants are Randy L. Atherton, and Deborah E. Atherton, adult individuals, husband
and wife, of Shippensburg Township, Cumberland County, Pennsylvania (mailing address: 408
South Fayette Street, Shippensburg, P A 17257).
3. Defendants entered into an agreement for the installment purchase of real estate located
in Shippensburg Township, Cumberland County, Pennsylvania known as 408 South Fayette Street,
Shippensburg, Pennsylvania from the Executors of the Last Will and Testament of Dale K. Fetrow.
All of the right, title, and interest of the Executors in said Agreement was assigned to Financial
Trust Services Company by Assignment dated March 2, 1998, A true and correct copy of the
Installment Sales Agreement and the Assignment are attached hereto and incorporated herein as
"
Exhibit "A".
4. By the terms of said Installment Sales Agreement, Defendants agreed to pay the sum of
$135,000.00, payable $15,000.00 on or before March 1, 1998 and the balance of $120,000.00 in
monthly installments thereafter of $1,300.00, said monthly installments being applied first to
interest at the rate of 10% and the balance being applied to the principle owed.
5. The real estate which is the subject of the Installment Sales Agreement is all that certain
lot of ground with the improvements thereon erected in Shippensburg Township, Cumberland
County, Pennsylvania having thereon erected a concrete block building having a mailing address of
408 South Fayette Street, Shippensburg, (Cumberland County) Pennsylvania 17257. Said real
estate is more particularly bounded and described on Exhibit "B" attached hereto and incorporated
herein by reference,
6. By assignment of Installment Sales Agreement dated March 2, 1998, the Executors of
the Estate of Dale K. Fetrow did assign all of the right, title and interest of the Executors in the said
Installment Sales Agreement to Financial Trust Services Company, Trustee under Will of Dale K.
Fetrow. Keystone Financial Bank, Plaintiff herein, is the successor by merger to the said Financial
Trust Services Company.
7. The Installment Sale Agreement is in default because of Defendants' failure to pay the
,..
1999 County and Township Real Estate taxes when due in the amount of$1,609.20, Plaintiff has
paid these taxes on behalf of the Defendants to protect Plaintiff s interest in the real estate subject
to the taxes.
8, The Installment Sale Agreement is further in default because of Defendants' failure to
make payments due on October 1, , 1999 and July 1,2000. The following amounts are now due on
the mortgage:
Principal balance
Interest from September 1, 1999 through June 30, 2000
1999 County and Township Real Estate taxes advanced
Attorney's fee
TOTAL
$114,199.97
9,516.70
1,609.20
5.710.00
$131.035,87
Plus interest from July 1,2000 at $31.72 per day.
9. In accordance with provisions of the Act of January 30, 1974, Pub. Law. 13, No.6, S
403 (41 P.S. S 403) a Notice of Intention to Foreclose Installment Sale Agreement dated February
2, 2000 was forwarded to each of the Defendants by certified mail, return receipt requested. Copies
of said notice and the signed retum receipts evidencing service on February 4, 2000 are attached
hereto and incorporated herein by reference as Exhibit "C".
WHEREFORE, Plaintiff respectfully requests judgment in favor of Plaintiff and against
Defendants in the amount of 1$31,035.87, together with interest thereon, all other amounts
advanced by Plaintiff, costs, and such further relief as the Honorable Court may Order.
By:
Respectfully submitted,
Frey & Tiley,
- 'Y"f~J3-.d
Robert G, Frey, Esquire
Supreme Court Number 46397
5 South Hanover Street
Carlisle, Pennsylvania 17013
(7 I 7) 243-5838
I verify that the statements made herein are true and correct and understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. A. ~ 4904 relating to unsworn
falsification to authorities.
Dated: July 11,2000
Keystone Financial Bank
stl/;kr
INSTALLMENT SALES AGREEMENT
ENTERED INTO, This 22nd day of January. 1998, BETWEEN CAROL A,
LOMBARDO and PAUL CASNER and ROBERT M, FREY, Executors of the Last Will and
Testament of DALE K. FETROW, alsn known as DALE FETROW, late of South Middleton
Township, Cumberland County, Pennsylvania, Deceased, hereinafter whether singular or plural
calIed party of the fIrst part,
AND RANDY L. ATHERTON and DEBORAH E. ATHERTON, husband and wife. of
Green Township (mailing address: 1453 Scotland Main Street, Chambersburg. Pennsylvania
17201), Franklin Counly. Pennsylvania. hereinafter whether singular or plural calIed party of the
second part,
WITNESSETH: That the said party of the first part. in consideration of the terms and
conditions hereinafter mentioned and contained, agrees to grant and convey unto the said party of
the second part, their heirs and assigns.
,
ALL THAT certain triangular piece or parcel of land situate west of'Shippensburg, in the
Township of Shippensburg, County of Cumberland, Commonwealth of Pennsylvania, bounded
and described as follows: \
BEGINNING at a point at the northernmost projection of said tract. in the centerline of
Legislative Route 28009 CMainsville Road); thence from said point continuing in the centerline of
Legislative Route 28009, South 29 degrees 58 minutes 34 seconds East a distance of 277,57 feet
to a point in the centerline of Legislative Route 28009; thence from said point, South 61 degrees
44 minutes 27 seconds West a distance of 283,91 feet to a point on the right-of-way line of lands
of Conrail Railroad; thence from said point along the said Conrail Railroad right-of-way line,
North 19 degrees 14 minutes 48 seconds East a distance of 155,52 feet to a point; thence from said
point and continuing along the right-of-way of Conrail Railroad, South 74 degrees 52 minutes 26
seconds West a distance of 23.22 feet to a point along the right-of-way of the former Old
Fayetteville Road; thence from said point along the right-of-way of the former Old Fayetteville
Road. North 19 degrees 25 minutes 18 seconds East a distance of 248,22 feetto a point in the
centerline of Legislative Route 28009 (Mainsville Road), the Place of BEGINNING,
CONTAINING .9258 acres, more or less, as is shown on a survey of land for Ray C.
and Janet I. Porter prepared by William A. Brindle Associates Surveying dated July 17, 1987.
THE ABOVE-described tract of land has thereon erected a concrete block building whkh
has the mailing address of 408 South Fayette Street, Shippensburg, Pennsylvania 17257.
IN ADDITION thereto, Grantors do hereby release and quit-claim all of theirright. title
and interest in that portion of the property shown on the survey of land prepared for Ray C. and
Janet I. Porter by William A, Brindle Associates Surveying dated July 17, 1987. which is
identified as the OLD FAYETTEVILLE ROAD, which is noted on said plan as having been
abandoned.
THE ABOVE-described real estate is conveyed subject to the easements, restrictions and
reservations set forth in the deed from Wesley L. Pierce and Doris J, Pierce, husband nnd wife. to
Rny C, Parler and Janet I. Porter. husband nnd wife, by deed dated January 15. 1979. and
recorded in the hereinafter named Recorder's Office in Deed Book "Goo, Volume 28. Page 144, to
the same extent and effect as if they were fully set forth ,herein.
THE WITHIN conveyed property is all of the property which Ray C. Porter and Janet I.
Porter, husband and wife. by deed dated July 23, 1987, and recorded July 23. 1987. in the Office
of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book
"V", Volume 32. Page 31, granted nnd conveyed to Dale Fetrow,
IN CONSIDERATION WHEREOF. the said party of the second part agrees to pay to
the said party of the first part therefor, the sum of $135,000.00 Dollars. as follows:
(I) $15,000.00Dollars on or before March 1.1998,and
AUTHENTICATED BY
PARTY OF THE FIRST PART:
AUTHENTICATED BY
PARTY OF THE SECOND PART:
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Page I of 4 Pages
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BOOK 57U P^CE
8
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(2) The balance of$120,000.00 dollars in monthly installments of $1,300.00 Dollars.
said monthly installments to be applied first to inlerest at the rate of Ten (10%) per centum per
annum on the unpaid balance of principal, and the remaining portion of each such installment to
reduction of principal, said monthly installment to be paid on or before the 1st day of each month,
beginning March I. 1998. and thereafter on or before the 1st day of each succeeding month until
principal and interest have been fully paid, except that, if not sooner paid, the said principal and
interest shall be paid in full by March I, 2003, anything herein contained to the contrary
notwithstanding,
The parly of the second part shall have the privilege of paying as much more than the
required monthly installment of principal and interest as desired, and nothing contained in this
Agreement shall be construed to limit reduction of principal to said amount. Interest shall be
computed on the unpaid principal balance.
In addition 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 the larger of
100% of the insurable value or $120,000.00 Dollars of Fire Insurance and extended coverage,
issued by a reliable insurance company approved by party of the first part, wlth loss payable to the
parties hereto as their interests may appear, a copy of said policy to be sent to the party of the first
part.
Party of the second part shall carry public liability and properly damage insurance with
reasonable limits of liability, issued by a reliable insurance company approved by party of the first
part, insuring the party of the first part herein and the party of the second part herein, and a copy
of said policy shall be sent to the party of the first part,
All payments shall be made monthly to the Trust Department at Financial Trust Company,
One West High Street, p, 0, Box 220. Carlisle, Pennsylvania 17013. or at such other place as
may from time to time be set forth in writing, and the check made payable to Financial Trust
Services Company for Trust U/W of Dale Fetrow.
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 March I. 1998, and that said party of the
second part shall be entitled to receive rents, issues, and profits 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 substantial 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, which consent shall not be unreasonably withheld.
Taxes for prior years have been paid. Taxes for the current year shall be pro-rated between
the parties hereto using the fiscal years of the taxing authorities as the basis, and March l, 1998,
as the pro-rating date, When legal title is taken by the party of the second part, party of the second
part shall pay all of the State and Local Realty Transfer Taxes then in effect, and the party of the
first party shall pay none,
If this property is conveyed to a third party at the request of the party of the second part. then
all realty transfer taxes on such conveyance shall be paid by such third parly and the party of the
second part as they may agree. and none shall be paid by the party of the first part,
Party of the first part shall have the privilege of encumbering the premises which are the
subject of this agreement by a mortgage or otherwise, provided that at no time may any such
encumbrance exceed the unpaid principal balance of this agreement, and if party of the first paI1
should default in. making any payments which may be required in connection with any such
mOrlgage or other encumbrance. the party of the second part shall have the privilege of applying
any sums payable pursuant to this agreement to such encumbrance holder.
. ~pon complian~e with the foregoing terms and c~mditions and payment of the said purchase
prIce In full by the said party of the second part, the saId party of the first part will, at the expense
of party of the first part, make, execute, and 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 encumbrances, subject only to easements and restrictions, visible or of record, such
conveyance to contain the usual covenants of special warranty.
AUTHENTICATED BY
PARTY OF THE FIRST PART:
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Page 2 of 4 Pages
AUTHENTICATED BY
PARTY OF THE SECOND PART:
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BOOK 570 PhCE
9
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In the event the said party of the second part shall fail to make any monthly payment for a
period 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, at the option of the party of the first part. become null and
void and the said party of the second part may treat 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 payment for a period 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 condilions 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 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 Agfeement, or upon its
temtination as above set forth, 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
ejectment 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
Writ of Execution for costs, waiving all irregularities, without notice and without leave of Court ,
and with Two Hundred Dollars ($200,00) added as reasonable attorney's fee,
Acceptance by Ihe party of the first part of any of the aforesaid monthly payments after the
same shall have become 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, damages or conditions herein
contained, shall not in any wise be considered a waiver of the 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 institute any of the other proceedings herein provided, but aU
of the rights of the party of the first part, and all penalties, damages and conditions may be
enforced together or successively at the option of the party of the first part.
No modificntion of 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 Agreement shall not be assignable, in
whole or in part, without the prior written consent and approval of the party of the first part, and if
such assignment 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 Ihe party of the
first part. Transfer of title by Will, survivorship, or by descent shall not be regarded as an
assignment requiring the consent and approval of the party of the first pnrt,
This Agreement is to extend to and be binding upon the heirs, successors, executors,
administrators, and assigns of the parties hereto.
IN WITNESS WHEREOF. the parties hereto have executed this Agreement. consisting
of four (4) pages. the day and year first above written,
WITNESSES:
By:
f2.j}~h-
Paul Casner, Executor
Estate of Dale K. Fetrow. also known ~
Dale Fetrow, Deceased :3 _
= ,
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Carol A Lombardo, Executor ;; '..
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By:
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AUTHENTICATED BY
PARTY OF THE FIRST PART:
AUTHENTICATED BY
PARTY OF THE SECOND PART:
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BOOK 570 I^GE 10
EXHQIn "A"
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By:
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R y L. 'A herton
llimJ.,f. /J1.ka!.t1IJ{)(SEAL)
Deborah E, Atherton
(SEAL)
(SEAL)
State of Pennsylvania
County of Cumberland
/
On this, the A,,.j- day of 7Y)M<-I, ,1998. before me. the undersigned officer. personally
appeared Carol A. Lombardo and Paul Casner and Robert M. Frey, Executors of the Last Will and
Testament 0 f Dale K. Fetrow. a/kJa Dale Fetrow, late of South Middleton Township, Cumberland
County, Pennsylvania, Deceased. known to me (or satisfactorily proven) to be the persons whose
names are subscribed to the within instrument, and acknowledged that they executed the same in
the capacity therein stated and for the purposes therein contained.
55:
IN WITNESS WHEREOF. I hereunto set my hand and official seal.
NOTARIAL SEAL
KRISTA KING, NOTARY PUBLIC,
CARLISLE, CUMBERLAND CO~Nn PA
MY COMMISSION EXPIRES JUNe 27,1998
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State of Pennsylvania
County of Cumberland
ss:
On this, the 22nd day of January, 1998, before me, the undersigned officer, personally
appeared Randy L. Atherton and Deborah E. Atherton, husband and wife, known to me (or
satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and
acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF. I hereunto set my hand and official seal.
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. -, '::nn::'!t\.'~, ="':'~"_"~' 86 R~~~~A ;UMB2Rl.AND r,(\UNTY PA
....../,. I d' "~~;ISSION EXPIRES ,j'UN[: 27,1993
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AUTHENTICATEDBY ,,'.. .;;]'
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AUTHENTICATED BY
PARTY OF THE SECOND PART:
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BDOK 570 P^GE 11
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FREY & riLEY
ATTORNEYS.AT.LAW
5 SOUTH HANOVER STREET
CARLISLE, PENNSYLVANIA 17013
ROBERT M. FREY
OF COUNSEL
STEPHEN D. TilEY
TELEPHONE (717) 243-5838
FACSIMILE (717) 243-6441
ROBERT G. FREY
ASSIGNMENT OF INSTALLMENT SALES AGREEMENT
THE l)NDERSIGNED three Executors of the Estate of Dale K,
Fetrow, also known as Dale Fetrow, Deceased, do hereby assign to
Financial Trust Services Company, Trustee under Will of Dale K.
Fetrow, all of the right, title and interest of the Executors in
an Installment Sales Agreement entered into by the undersigned
Executors with Randy L. Atherton and Deborah E. Atherton, husband
and wife, dated January 22, 1998, and recorded March 2, 1998,
concerning the premises at 408 South Fayette Street in
Shippensburg Township, Cumberland County, pennsYl~ania, on which
Installment Sales Agreement there is an unpaid principal balance
of $120,000.00 plus interest, etc,. from March 1, 1988.
This Assignment is made without recourse.
The undersigned Executors agree to convey the premises which
are the subject of said Installment Sales Agreement to said
Financial Trust Services Company or its nominee, under and subject
to said Installment Sales Agreement, at such time as the under-
signed may be requested to do so.
INTENDING TO BE LEGALLY BOUND HEREBY, the undersigned have
executed this instrument this 2nd day of March, 1998.
ESTATE OF DALE K, FETROW, ALSO
KNOWN AS DALE FETROW, Deceased
By,
~-Q.~~-
Carol A. Lombardo
By,
R,^fJ~,~Q~
Paul Casner
By,
rc~ h-J_
Robert M. Frey
hJ)-
Commonwealth of Pennsylvania:
ss:
County of Cumberland
On this the 2nd day of March, 1998, before me, the undersigned
officer, personally appeared Carol A. Lombardo, Paul Casner, and
Robert M. Frey, Executors of the Estate of Dale K. _ Fetrow, also
known as Dale Fetrow, Deceased, known to me to be the persons
whose names are subscribed to the within instrument, and
acknowledged that they executed the same for the purposes therein
contained, and in the capacity therein stated.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
NOTARlALSEAL
kJllSTA KING. NOTARY PUBue
CARLISLE. CUMBERLAND COUNTY PA
MY COMMISSl{]N EXPIRES JUNE 27. 1991I
--.....-..'..'-...-
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EJ(HJtB&1 "A"
NOTICE OF INTENTION TO FORECLOSE INSTALLMENT SALE AGREEMENT
The Installment Sales Agreement held by Keystone Financial Bank (hereinafter we, LIS or
ollrs) on your property located at 408 South Fayette Street, Shippensburg, Pennsylvania. IS IN
SERIOUS DEFAULT because you have not made the monthly payments of $1,300,00 for the
months of October, November, and December, 1999 and the months of January and February,
2000. The total amount now required to cure this default, or in other words, get caught up in your
paymeuts, as of the date of this Jetter is $6,500,00,
You may cure this default within THIRTY (30) DAYS of the date of this
letter, by paying to us the above amount of $6,500,00, plus any additional
monthly payments and charges which may fall due during this period. Such
payment must be made either by cash, cashier's check, certified check, or money order, and made
at Keystone Financial Bank, I West High Street. Carlisle, Penusylvania 17013,
If YOll do not cure the default within THIRTY (30) DAYS, we intend to exercise Our
right to accelerate the Installment Sale Agreement payments. This means that
whatever is owing on the original amount borrowed will be considered due immediately and you
may lose the chance to payoff the original Installment Sale Agreement in monthly installments, If
full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend
to instruct our attorneys to start a lawsuit to foreclose your secured property. If
the Installment Sale Agreement is foreclosed your secured property will be sold
by the sheriff to payoff the Installment Sale Agreement debt. If we refer your case to /
our attorneys, but you cure the default before they begin legal proceedings against you, you will
still have to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay the reasonable attorney's fees even if they
are over $50.00. Any attorney's fee will be added to whatever you owe us, which may also
include Our reasonable costs. If you cure the default within the thirty~day period, you
will not be required to pay attorney's fees.
We may also sue you personally for the unpaid principal and all other sums due under the
Installment Sale Agreement. We amy also in Ejectment to have you removed from the property
prior to a Sheriffs sale of the property.
If you have not cured the default within the thirty-day period and foreclosure proceedings
hnve begun. you still have the right to cure the default and prevent the sale at any
time up to one hour before the sheriff's foreclosure sale. You may do so by
paying the total amount of the unpaid monthly payments plus any late or other
charges then due, as well as the reasonable attorney's fees and costs connected
with the foreclosure sale and perform any other requirements under the
Installment Sale Agreement. It is estimated that the earliest date that such a sheriffs sale
could be held would be approximately June 9. 2000, A notice of the 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 YOll wait. You may find out at any time exactly what the required payment will be by
calling us at the following number: (717) 243-5838, This payment muSl be in cash. cashier's
check, certified check, or money order and made payable to us at the address stated above.
YOll should realize that a sheriffs sale will end your ownership of the secured property and
your right to remain in it. If you continue to live in the property after the sheriffs sale, a lawsuit
could be started to evict you.
You have additional rights to help protect your interest in the property. YOU HAVE THE
RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE INSTALLMENT
SALE AGREEMENT DEBT, OR TO BORROW ,MONEY FROM ANOTHER LENDING
INSTITUTION TO PAY OFF THIS DEBT, YOU HAVE THE RIGHT TO HAVE THIS
DEFAULT CURED BY ANYTHlRDPARTY ACTION ON YOUR BEHALF,
If you cure the default, the Installment Sale Agreement will be restored to
the same position as if no default had occurred. However, you are not entitled to this
right to cure your default more than three times in any calendar year.
~u
Robert G, Frey ,
Attorney for Keystone Financial Bank
5 South Hanover Street
Carlisle. Pennsylvania 17013
lie"
~
SENDER:
_Complete items 1 and/or 2 for additional services. I also wish to receive the
. Complete items 3. 4a, and 4b. following services (for an
.Print your name and address on the reverse of this form so that we can return this extra fee):
card to you.
-Attach this form 10 the front of the mailpleca, or on the back jf space does not 1". 0 Addressee's Address
pennit.
-Write'Retum Receipt Requested" on the mail piece below the article number. ~. .0 Restricted Delivery
_The Return Receipt will shOW to whom the article was delivered and,the dale
delivered. ~,'.' Co'nsult postmaster for fee.
3. Article Addressed to: ~ ,"" , 4a. Articla Number
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102595,97,6,0179 Domestic Return Receipt'
Exhibit "e"
KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00- 'l.f9G& CIVIL TERM
RANDYL.ATHERTONAND,
AND DEBORAH E. ATHERTON
Defendant
NOTICE
('
You have been sued in court, If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attomey and filing in writing with the
court your defenses or objections to the claims set forth against you. You are wamed 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 LffiERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: 717-249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
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 accomodations available to disabled individuals having business before the court, please
contact our office. 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,
TRUE COpy FROM REOORO
In TlIdl"",'Y whereof. I hen! unto lit my IIeno
~~~~~;-~
Pr(.".,().,ot~
KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CNIL ACTION - LAW
RANDY L. ATHERTON AND,
AND DEBORAH E. ATHERTON
Defendant
NO. 00-
CIVIL TERM
COMPLAINT
(
AND NOW, comes Keystone Financial Bank, Plaintiff, by and through Prey & Tiley
Attorneys at Law and respectfully states as follows:
1. Plaintiff is Keystone Financial Bank, a Corporation, Trustee of the Trust under Will of
Dale K. Fetrow, Plaintiff s address and place of business is 1 West High Street, Carlisle,
Cumberland County, Pennsylvania,
2, Defendants are Randy L. Atherton, and Deborah E. Atherton, adult individuals, husband
and wife, of Shippensburg Township, Cumberland County, Pennsylvania (mailing address: 408
South Fayette Street, Shippensburg, P A 17257).
3. Defendants entered into an agreement for the installment purchase of real estate located
in Shippensburg Township, Cumberland County, Pennsylvania known as 408 South Fayette Street,
Shippensburg, Pennsylvania from the Executors of the Last Will and Testament of Dale K. Fetrow,
All of the right, title, and interest of the Executors in said Agreement was assigned to Financial
Trust Services Company by Assignment dated March 2,1998, A true and correct copy of the
Installment Sales Agreement and the Assignment are attached hereto and incorporated herein as
Exhibit "A".
4. By the terms of said Installment Sales Agreement, Defendants agreed to pay the sum of
$135,000.00, payable $15,000.00 on or before March 1, 1998 and the balance of $120,000.00 in
monthly installments thereafter of $1,300.00, said monthly installments being applied first to
interest at the rate of 10% and the balance being applied to the principle owed.
5. The real estate which is the subject of the Installment Sales Agreement is all that certain
lot of ground with the improvements thereon erected in Shippensburg Township, Cumberland
County, Pennsylvania having thereon erected a concrete block building having a mailing address of
408 South Fayette Street, Shippensburg, (Cumberland County) Pennsylvania 17257. Said real
estate is more particularly bounded and described on Exhibit "B" attached hereto and incorporated
herein by reference.
6, By assignment of Installment Sales Agreement dated March 2, 1998, the Executors of
the Estate of Dale K. Fetrow did assign all of the right, title and interest of the Executors in the said
Installment Sales Agreement to Financial Trust Services Company, Trustee under Will of Dale K.
Fetrow. Keystone Financial Bank, Plaintiff herein, is the successor by merger to the said Financial
Trust Services Company.
7. The Installment Sale Agreement is in default because of Defendants' failure to pay the
."
1999 County and Township Real Estate taxes when due in the amount of $1,609.20. Plaintiff has
,
paid these taxes on behalf of the Defendants to protect Plaintiff s interest in the real estate subject
to the taxes.
8, The Installment Sale Agreement is further in default because of Defendants' failure to
make payments due on October 1,,1999 and July 1,2000. The following amounts are now due on
the mortgage:
Principal balance
Interest from September 1, 1999 through June 30, 2000
1999 County and Township Real Estate taxes advanced
Attorney's fee
TOTAL
$114,199.97
9,516.70
1,609.20
5,710.00
$131.035.87
Plus interest from July I, 2000 at $31. 72 per day.
9. In accordance with provisions of the Act of January 30, 1974, Pub. Law. 13, No. 6, ~
403 (41 P.S. ~ 403) a Notice of Intention to Foreclose Ip.stallment Sale Agreement dated February
2, 2000 was forwarded to each of the Defendants by certified mail, return receipt requested. Copies
of said notice and the signed return receipts evidencing service on February 4, 2000 are attached
hereto and incorporated herein by reference as Exhibit "C".
WHEREFORE, Plaintiff respectfully requests judgment in favor of Plaintiff and against
Defendants in the amount of 1$3 I ,035.87, together with interest thereon, all other amounts
advanced by Plaintiff, costs, and such further relief as the Honorable Court may Order.
Respectfully submitted,
Frey & Tiley,
By:
I verify that the statements made herein are true and correct and understand that false
statements herein are made subject to the penalties of 18 Pa. C. S, A. ~ 4904 relating to unsworn
falsification to authorities.
Dated: July 11,2000
Keystone Financial Bank
stl/~
INSTALLMENT SALES AGREEMENT
ENTERED INTO, This 22nd day of January. 1998. BETWEEN CAROL A,
LOMBARDO and PAUL CASNER and ROBERT M. FREY. Executors of the Last Will and
Testament of DALE K. FETROW. also known as DALE FETROW. late of South Middleton
Township, Cumberland County, Pennsylvania, Deceased, hereinafter whether singular or plural
called party of the fIrst part,
AND RANDY L. ATHERTON and DEBORAH E. ATHERTON. husband and wife. of
Green Township (mailing address: 1453 Scotland Main Street. Chambersburg. Pennsylvania
17201). Franklin County. Pennsylvania. hereinafter whether singular or plural called party of the
second part,
WITNESSETH: ThaI the said party of the first part. in consideration of the telms and
conditions hereinafter mentioned and contained, agrees to grant and convey llnto the said party of
the second part, their heirs and assigns,
ALL THAT certain triangular piece or parcel of land situate west o{Shippensburg, in the
Township of Shippensburg, County of Cumberland, Commonwealth of Pennsylvania, bounded
and described as follows: ~
BEGINNING at a point at the northernmost projection of said tract, in the centerline of
Legislative Route 28009 (Mainsville Road); thence from said point continuing in the centerline of
Legislative Route 28009, South 29 degrees 58 minutes 34 seconds East a distance of 277.57 feet
to a point in the centerline of Legislative Route 28009; thence from said point, South 61 degrees
44 minutes 27 seconds West a distance of 283.91 feet to a point on the right-of-way line of lands
of Conrail Railroad; thence from said point along the said Conrail Railroad right-of-way line,
North 19 degrees 14 minutes 48 seconds East a diSlance of 155.52 feet to a point; thence from said
point and continuing along the right-of-way of Conrail Railroad, South 74 degrees 52 minutes 26
seconds West a distance of 23.22 feet to a point along the right-of-way of the former Old
Fayetteville Road; thence from said point along the right-of-way of the former Old Fayetteville
Road. North 19 degrees 25 minutes 18 seconds East a distance of 248,22 feet to a point in the
centerline of Legislative Route 28009 (Mainsville Road). the Place of BEGINNING,
CONTAINING .9258 acres, more or less, as is shown on a survey of land for Ray C.
and Janet 1. Porter prepared by William A. Brindle Associates Surveying dated July 17, 1987.
THE ABOVE-described tract of land has thereon erected a concrete block building which
has themailingaddressof408SouthFayetteStreet.Shippensburg. Pennsylvania 17257.
IN ADDITION thereto. Grantors do hereby release and quit-claim all of their right. title
and interest in that portion of the property shown on the survey of land prepared for Ray C. and
Janet 1. Porter by WiUiamA. Brindle Associates Surveying dated July 17, 1987, which is
identified as the OLD FAYEITEVlLLE ROAD. which is noted on said plan as having been
abandoned.
THE ABOVE-described real estate is conveyed subjectto the easements, restrictions and
reservations set forth in the deed from Wesley L. Pierce and Doris J. Pierce, husband and wife, to
Ray C, Porter and Janet I. Porter, husband and wife. by deed daled January 15. 1979. and
recorded in the hereinafter named Recorder's Office in Deed Book "G", Volume28. Page 144. to
the same extent and effect as if they were fully set forth herein.
THE WITHIN conveyed property is all of the property which Ray C, Porter and Janet I.
Porter. husband and wife. by deed dated July 23. 1987. and recorded July 23. 1987. in the Office
of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book
"V". Voiume 32. Page 31, granted and conveyed to Daie Fetrow,
IN CONSIDERATION WHEREOF, the said party of the second part agrees to pay to
the said party of the fIrst part therefor. the slim of $135,000.00 Dollars. as follows:
(I) $I5,000.00DollarsonorbeforeMarch 1,1998.and
AUTHENTICATED BY
PARTY OF THE FIRST PART:
(dJ7 C",a.,h..
ye..ol""-f -A-... '1-. Pr
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Page I of 4 Pages
AUTHENTICATED BY
PARTY OF THE SECOND PART:
R~ cY:r>. '\Q...t
JU1-iJ)/W-k.t, ~~
BOOK 570 P^GE
8
IiJn:~wn 'W'
(2) The balance of $12 0,000.00 dollars in monthly installments of $1,300.00 Dollars.
said monthly installments to be applied first to interest at the rate of Ten (10%) per centum per
annum on the unpaid balance of principal. and the remaining portion of each such installment to
reduction of principal. said monthly installment to be paid on or before the 1st day of each mont~,
beginning March I, 1998. and thereafter on or before the 1st day of each succeeding month unul
principal and interest have been fully paid, except that, if not sooner paid, the said principal and
interest shall be paid in full by March I, 2003, anything herein contained to the contrary
notwithstanding,
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 desired, and nothing contained in this
Agreement shall be construed to limit reduction of principal to said amount. Interest shall be
computed on the unpaid principal balance.
In addition 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 the larger of
100% of the insurable value or $120,000,00 Dollars of Fire Insurance and extended coverage,
issued by a reliable insurance company approved by party of the first part, ",iih loss payable 10 the
parties hereto as their interests may appear, a copy of said policy to be sent to the party of the first
part.
Party of the second pan shall carry public liability and property damage insurance with
reasonable limits of liability, issued by a reliable insurance company approved by party of the first
part, insuring the party of the first part herein and the party of the second part herein, and a copy
of said policy shall be sent to the party of the first part,
All payments shall be made monthly to the Trust Department at Financial Trust Company,
One West High Street, P. O. Box 220, Carlisle, Pennsylvania 17013, or at such other place as
may from time to time be set forth in writing, and the check made payable to Financial Trust
Services Company for Trust UIW of Dale Fetrow.
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 March 1. 1998, and that said party of the
second part shall be entitled to receive rents, issues, and profits 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 substantial 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, which Consent shall not be unreasonably withheld.
Taxes for prior years have been paid. Taxes for the current year shall be pro-rated between
the parties hereto using the fiscal years of the taxing authorities as the basis, and March 1, 1998,
as the pro-rating date, When legal title is taken by the party of the second part, party of the second
part shall pay all of the State and Local Realty Transfer Taxes then in effect, and the party of the
first party shall pay none.
If this property is conveyed to a third party at the request of the party of the second part. then
all realty transfer taxes on such conveyance shall be paid by such third party and the party of the
second part as they may agree. and none shall be paid by the party of the first part,
Party of the first part shall have the privilege of encumbering the premises which are the
subject of this agreement by a mortgage or otherwise, provided that at no time may any such
encumbrance exceed the unpaid principal balance of this agreement, and if party of the first p8.l1
should default in ,making any paymenls which may be required in connection with any such
mortgage or other encumbrance, the party of the second part shall have the privilege of applying
any sums payable pursuant to this agreement to such encumbrance holder.
Upon compliance with the foregoing terms and conditions and payment of the said purchase
price in full by the said party of the second part, the said party of the first part will, at the expense
of party of the first part, make, execute, and 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 encumbrances, subject only to easements and restrictions, visible or of record, such
conveyance to contain the usual covenants of special warranty.
AUTHENTICATED BY
PARTY OF THE FIRST PART:
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Page 2 of 4 Pages
AUTHENTICATED BY
PARTY OF THE SECOND PART:
~~~
BOOK 570 I^GE
9
~r"A"
In the event the said party of the Second part shall fail to make any monthly payment for a
period 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, at the oplion of the party of the first part, become null and
void and the said party of the second part may treat all monies then paid as liquidated damages,
representing the fair rental value of the property during the time the same shalI have been occupied
by the party of the second part,
If default shall be made in the paymenl of any monlhly payment for a period 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 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 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 Ag;eement. or upon its
termination as above set forth, 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
ejectment 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
Writ of Execution for costs, waiving all irregularities, without notice and without leave of Court,
and with Two Hundred Dollars ($200.00) added as reasonable attorney's fee,
Acceptance by the party of the first part of any of the aforesaid monthly payments after the
same shall have hecome 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, damages or conditions herein
contained, shall not in any wise be considered a waiver of the 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 institute any of the other proceedings herein provided, but all
of the rights of the party of the first part, and all penalties, damages and conditions may be
enforced together or successively at the option of the party of the first part.
No modificalion of this Agreemenl 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 Agreement shall not be assignable, in
whole or in part, without the prior written consent and approval of the party of the first part, and if
such assignment 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 Will, survivorship, or by descent shall not be regarded as an
assignment requiring the consent and approval of the party ofthe first part,
This Agreement is to extend to and be binding upon the heirs, successors, executors,
administrators, and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement. consisting
offour (4) pages. the day and year first above written,
WITNESSES:
By:
Kj}~~
Paul Casner, Executor
Esta!e of Dale K. Fetrow, also known ~
Dale Fetrow, Deceased :3 _
e<lv"'~ If ,-kJ!,.."a'=EJir
Carol A. Lombardo, Executor c ",
~ g';:::-.-
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By:
>:
AUTHENTICATED BY
PARTY OF THE FIRST PART:
AUTHENTICATED BY
PARTY OF THE SECOND PART:
~ ~.JI-v.
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Page 3 of 4 Pages
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BOOK 570 I^GE 10
PKIIIn '~An
~,~
II 1
yt'
By:
Y4~ - ..\.r, ....~ (SEAL)
Robert M, Frey. Executor \
&Y-L~h~naf C /& (SEAL)
01v.~ &. /JJJ.-dih/J(SEAL)
Deborah E, Atherton
State of Pennsylvania
County of Cumberland
(
On this. the ).,,.J- day of 1!JM.<.h . 1998, before me, lbe undersigned officer, personally
appeared Carol A. Lombardo and Paul Casner and Robert M, Frey, Executors of the Last Will and
Testament of Dale K. Fetrow, alkJa Dale Fetrow, late of South Middleton Township, Cumberland
County, Pennsylvania. Deceased. known to me (or satisfactorily proven) to be the persons whose
names are subscribed to the within instrument, and acknowledged that they executed the ~ame in
the capacity therein stated and for the purposes therein contained.
5S:
IN WITNESS WHEREOF. I bereunto set my hand and official seal.
NOTARIAL SEAL
KRISTA KING, NOTARY PUBLIC.
CARLISLE, CUMBERLAND COUNTY PA
MY COMMISSION EXPIRES JUNE 27,199B
""~~G~::~ij;.""..
,':~s~<\'tf";:f'o ,\
:,~(it/t)n
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\":~;:1~rf?; ,
State of Pennsylvania
County of Cumberland
On this, the 22nd day of January, 1998, before me, the undersigned officer, personally
appeared Randy L. Atherton and Deborah E. Atherton, husband and wife, known to me (or
satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and
acknowledged that they executed the same for the purposes therein contained.
ss:
IN WITNESS WHEREOF. I hereunto set my hand and official seal,
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NOTARIP,L SdiL
RISTA KING r~OTARY PUQUC
", ~:ns"\'':~:~~~d} 86 CA~'S~E, CIJMBERl.AN~ :~~;~~;'Ji;-1~~3
_,':r: -".:~: ~.;, ',0" .;he recording fA~~MISSION EXPIRE .! ~<.:. ,
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AUTHENTICA1EDBY " " . "if
PARTY OF'THE FIRST PART;
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Page 4 of 4 Pages
AUTHENTICATED BY
PARTY OF THE SECOND PART:
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BOOK 570 ,^GE
11
_~'J "An
FREY & TILEY
ATTORNEYS-AT-LAW
5 scum HANOVER STREET
CARUSLE, PENNSYLVANIA 17013
ROBERT M. FREY
OF COUNSEL
STEPHEN D. TILEY
ROBERT G. FREY
TELEPHONE (717) 243.5B38
FACSIMilE (717) 243-6441
ASSIGNMENT OF INSTALLMENT SALES AGREEMENT
THE UNDERSIGNED three Executors of the Estate of Dale K.
Fetrow, also known as Dale Fetrow, Deceased, do hereby assign to
Financial Trust Services Company, Trustee under Will of Dale K.
Fetrow, all of the right, title and interest of the Executors in
an Installment Sales Agreement entered into by the undersigned
Executors with Randy L. Atherton and Deborah E. Atherton, husband
and wife f dated January 22, 1998, and recorded March 2, 1998,
concerning the premises at 408 South Fayette Street in
Shippensburg Township, Cumberland County, Pennsyl~ania, on which
Installment Sales Agreement there is an unpaid principal balance
of $120,000.00 plus interest, etc.. from March 1, 19~8.
This Assignment is made without recourse.
The undersigned Executors agree to convey the premises which
are the subj ect of said Installment Sales Agreement to said
Financial Trust Services Company or its nominee, under and subject
to said Installment Sales Agreement, at such time as the under-
signed may be requested to do so.
INTENDING TO BE LEGALLY BOUND HEREBY, the undersigned have
executed this instrument this 2nd day of March, 1998.
ESTATE OF DALE K. FETROW, ALSO
KNOWN AS DALE FETROW, Deceased
By:
~-Q.~~-
Carol A. Lombardo
By:
R",fJ ~~ <L-
Paul Casner
By:
(2L~~ h?
Robert M. Frey
h_r-
Commonwealth. of Pennsylvania:
ss:
County of Cumberland
On this the 2nd day of March, 1998, before me, the undersigned
officer, personally appeared Carol A. LOmbardo, Paul Casner, and
Robert M. Frey, Executors of the Estate of Dale K.. Fetrow, also
known as Dale Fetrow, Deceased, known to me to be the persons
whose names are subscribed to the within instrument, and
acknowledged that they executed the same for the purposes therein
contained, and in the capacity therein stated.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
NOTARJAl5EAl
KRISTA KlHG, NOTARYPUBUC
CARlISLE. CUMBERLAND COUNTY PA
t MY COMMISStDN EXPlRES JUNE 27. 199B
....-..'..'-.-.-
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~l .. An
NOTICE OF INTENTION TO FORECLOSE INSTALLMENT SALE AGREEMENT
The Installment Sales Agreement held by Keystone Financial Bank (hereinafter we. us or
ours) on your property located at 408 South Fayette Street, Shippensburg, Pennsylvania, IS IN
SERIOUS DEFAULT because you have not made the monthly payments of $1,300,00 for the
months of October, November, and December, 1999 and the months of January and February,
2000. The total amount now required to cure this default, or in other words, get caught up in your
payments, as of the date of this letter is $6,500,00.
You may cure this default within THIRTY (30) DAYS of the date of this
leller, by paying to us the above amount of $6,500.00, plus any additional
monthly payments and charges which may fall due during this period. Such
payment must be made either by cash, cashier's check, certified check, or money order, and made
at Keystone Financial Bank, I West High Street, Carlisle, Penosylvania 17013,
If you do not cure the defauit within THIRTY (30) DAYS, we intend to exercise anI'
right to accelerate the Installment Sale Agreement payments. This means that
whatever is owing on the original amount borrowed will be considered due immediately and YOll
may lose the chance to payoff the original Installment Sale Agreement in monthly installments, If
full payment of the amount of default is not made within THIRTY (30) Df}YS, we also intend
to instruct our attorneys to start a lawsuit to foreclose your secured property. If
the Installment Sale Agreement is foreclosed your secured property will be sold
by the sheriff to payoff the Installment Sale Agreement debt. If we refer your case Co
our attorneys, but YOll cure the default before they begin legal proceedings against you, you wil1
stil1 have to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay the reasonable attorney's fees even if they
are over $50.00. Any attorney's fee will be added to whatever you owe us, which may also
include our reasonable costs. If you cure the default within the thirty-day period, you
will not be required to pay attorney's fees.
We may also sue you personally for the unpaid principal and all other sums due under the
Installment Sale Agreement. We amy also in Ejectment to have you removed from the property
prior to a Sheriff's sale of the property.
If you have not cured the default within the thirty-day period and foreclosure proceedings
have begun, you still have the right to cure the default and prevent the sale at any
time up to one hour before the sheriff's foreclosure sale. You may do so by
paying the total amount of the unpaid monthly payments plus any late or other
charges then due, as well as the reasonable attorney's fees and costs connected
with the foreclosure sale and perform any other requirements under the
Installment Sale Agreement. It is estimated that the earliest date that such a sheriff's sale
could be held would be approximately June 9, 2000. A notice of the date of the sheriff's 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 will be by
calling us at the following number: (717) 243-5838, This payment must be in cash, cashier's
check, certified check, or money order and made payable to us at the address stated above.
YOll should realize that a sheriffs sale will end your ownership of the secured property and
YOllr right to remain in it. If you continue to live in the property after the sheriff's sale, a lawsuit
could be started to evict YOll.
You have additional rights to help protect your interest in the property, YOU HAVE THE
RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OfF THE INSTALLMENT
SALE AGREEMENT DEBT, OR TO BORROW ,MONEY FROM ANOTHER LENDING
INSTITUTION TO PAY OFF THIS DEBT, YOU HAVE THE RIGHT TO HAVE THIS
DEFAULT CURED BY ANY THIRD PARTY ACTION ON YOUR BEHALF.
If you cure the default, the Installment Sale Agreement will be restored to
the same position as it' no default had occurred. However, you are not entitled to this
right to Cllre your default more than three times in any calendar year.
~~U
Robert G, Frey
Attorney for Keystone Financial Bank
5 South Hanover Street
Carlisle, Pennsylvania 17013
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Exhibit "C"
KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
RANDY L. ATHERTON AND
DEBORAH E. ATHERTON,
Defendants
: NO. 00-4966 CIVIL TERM
PRAECIPE TO ENTER JUDGMENT BY DEF AUL T
Please enter Judgment in favor of the above-captioned Plaintiff and against the above-
captioned Defendants in the amount of $131,035.87, and costs of $176,05, plus interest thereon at
the rate of31.72 per day from July 1,2000, as provided by law, for failure of Defendants to Answer
the Complaint of Plaintiffs, Notice having been served publication on Defendants as ordered on
March 2, 2001.
Plaintiff hereby certifies that the last known address of the Defendant is:
408 South Fayette Street
Shippensburg, PA 17257
Frey & Tiley,
Attorneys for Plaintiff
~
....
By:
Robert G. Frey, Esquire
Supreme Court Number 46397
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-4966 CIVIL TERM
KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
RANDY L. ATHERTON AND,
AND DEBORAH E. ATHERTON
Defendant
ORDER OF SPECIAL SERVICE BY PUBLICATION
AND NOW, on consideration of the Motion of the Plaintiffs, leave for special service of
the Complaint with Notice to Defend upon the Defendants is granted. Said service to be made by
publication of the Notice to Defend in accordance with Pa.R.c.P. 430(b )(1) once in the
Cumberland Law Joumal and once in the Sentinel.
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KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NO. 00-4966 CIVIL TERM
RANDY L. ATHERTON AND,
AND DEBORAH E. ATHERTON
Defendant
MOTION FOR ORDER OF SPECIAL SERVICE BY PUBLICATION
1. The Plaintiff is Keystone Financial Bank (now by merger M & T Trust Services), a
Corporation, Trustee of the Trust under Will of Dale K. Fetrow. Plaintiff s address and place of
business is I West High Street, Carlisle, Cumberland County, Pennsylvania.
2, The Plaintiff initiated the above-captioned action by filing a Petition for Involuntary
Termination of Parental Rights filed to the above term and number.
3. Defendants are Randy L. Atherton, and Deborah E. Atherton, adult individuals, husband
and wife, having a last known address and residence in Shippensburg Township, Cumberland
County, Pennsylvania (mailing address: 408 South Fayette Street, Shippensburg, PA 17257).
4, As set forth on the Affidavit attached hereto, Plaintiffs have unsuccessfully attempted to
accomplish service of the Complaint on Defendants by service of a certified copy delivered by the
Sheriff of Cumberland County to the last known address of Defendants.
5. As set forth on the Affidavit attached hereto, Plaintiff has attempted to locate the
Defendants without success.
6. The attempts to locate the Defendants as described on the Attached Affidavit were
reasonable and Plaintiff knows of no other means to achieve service of the Complaint on
Defendants other than by service of process by publication as authorized by Pa,R.C.P. 430.
WHEREFORE, Petitioners request that the Court enter a special order to effectuate service
of the Notice to Defend on the Defendants, Randy L. Atherton, and Deboral1 E. Atherton. Said
service to be made by publication ofthe Notice in accordance with Pa.R.c.P. 430(b)(I).
Respectfully submitted,
Prey
By:
Ro ert G. Prey
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
A
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYL VANIA
CIVIL ACTION - LAW
NO. 00-4966 CIVIL TERM
KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
RANDY L. ATHERTON AND,
AND DEBORAH E. ATHERTON
Defendant
AFFIDAVIT PURSUANT TO Pa.R.C.P. 430
AND NOW, this January 31, 2001, I, Robert G. Frey, Attorney for Plaintiff in the above-
captioned matter, hereby swear that I have made investigation to determine the whereabouts of the
Defendant in the above-captioned action, and have been unable to locate either Defendant.
My investigation entailed the following:
1. Service was attempted on the Defendants by the Sheriff of Cumberland County at
the last known address of the Defendants. The return of service by the Sheriff indicating that the
Defendants no longer live at the property and that they no left a forwarding address is attached
hereto as Exhibit "A",
2. I examined the Cumberland County and Franklin County telephone directory for the
Defendants, There is no listing for either Defendant
3. I sent a copy of the Complaint by regular first class mail addressed to the
Defendants at the address used by them immediately prior to their last known address. The
envelope was retumed with no forwarding address.
4. I attempted to reach the Defendants by telephone using the last known telephone
number of Defendants and the last known telephone number of the brother of one of the
Defendants, Vie Nozzi. None of the telephone numbers were in service.
5. I contacted the owner of the property immediately across the street from
Defendants' last known address, Eddie Albright, owner of T & G Car Sales. Mr. Albright stated
that he knew the Defendants and knew where they lived previously, but did not know their current
address, although he believed them to still be in the Shippensburg area. He further stated that he
had been contacted by others who were attempting to locate Defendants but that he was unaware
AFFIDAVIT
..
of anyone successfully locating them.
6. I made an internet search for Defendants. I found no listing for either Defendant in
the state of Pennsylvania and no listings anywhere directly matching the names of Defendants,
For the foregoing reasons, it is not possible for service to be made on Defendants by other
means and Leave of Court for Service by Publication as it has been impossible to locate the
whereabouts of Defendants.
A
Robert G. Frey
Attomey for Plaintiff
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
Sworn and subscribed to before me this S"/a{-
day of January, 2001.
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NOlMIAL--.
8lIPHEN D.1ILI!Y, NOI'ARYPlIlUC
CNlIll.E8OIIO,Cl- 1l.l.JVl)CClIIIY,M
1IV~1lCPIMa'" De
AFFIDAVIT
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149 Etc.
Keystone Financial Bank
--_._-_._._-_._-------~--------------------
Trustee of the Trust under
Will of Dale K. Fetrow
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VI.
Writ No. ____________________________ Tenn, 19______
No, __9_Q:jl~!l_~_____________~!1(Jl_ Term. 19______
Amount due ____________ $ 1.3.1.fi.3li...8L_____
Interest from _____.Jlll~Z-l+.2.0fi.O-------------
-------------------------------------------
~!l_l!~Jl_!;~_~!tt~~!~!I____________________
I}~_b9~~l!_!l~__~_1J}~_t!9_l!_________________ j
AU'y's Com. ___________________________________
Co,,, ________________$ _J_HL~___c___m_____
To the Prothonotary of said Court: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) Directed to the Sheriff of ____Q!!lJ!b.~rIAIJsL___county, Penna.;
(2) against ____~1l.!!9Jl_!;~A!tt~~!~!I_~!I~LP..~Q(ml,l:lJ';d\!tt_~~tQ!I_ - - - - -- u______ un __m___n
_______________ _______________________________________________ _____________.. Defendant (s) ;
(3) and against _______________________________________________________----------------- Garnishee (s) ;
(4) and index thi. wril Randy L. Atherton and Deborah E, Atherton
(al agaimt _________________..______________ __n_________________.._______________________..____
_______________________________.. __________________________________ Defendant (s) and
(b) again" _______________n..______________ 'n_.._______ __.. -- - - -.. n -- - - _nn - - - - - - - - - - - - - __n_
.___________________________ _ __ __________________________ _____ _ _ ____ ___ Garnishee (s),
as a lis pendens against the real property of the defendant (s) in the name of the Garnishee (s) as follows: (Specifically
describe property)
408 South Fayette Street, Shippensburg, Cumberland County,
Pennsylvania. See Legal Description attached.
(5) Exemption has (not) been waived.
Dated ____~.:im_______L~_l!. 01
;::J0.-Jl. 'if'
,---------_.._-------~~--
Attorney for Plaintiff(s)
Robert G, Frey
NOTE
Under paragraph (1) when the writ is directed to the sheriff of anoUler county as authorized by Rule 3103(b,
the county should be indicated. '
Under Rule 3103(c) a writ issued on a transferred judgement may be directed only to the sheriff of the counrty
in which issued.
Paragraph (3) above should be completed only if a named garnishee is to be included in the writ.
Paragraph (4) (a) should be completed only if index lng of the execution in the county of issuance is desired as
aUlthorized by Rule 3104(a). When the writ issues to another county Indexing Is required as of C'ourse in that
c:ounty by the prothonotary. See Rule 3104('bL
Paragraph (4) ('b) shou~d be completed only if real property in the name of a garnishee is attached and index-
ing as a lis pendens is desired. See Rule 3104(c).
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ALL THAT certain triangular piece or parcel of land situate west of Shippensburg, in the
Township of Shippensburg, County of Cumberland, Commonwealth of Pennsylvania, bounded and
described as follows:
BEGINNING at a point at the northernmost projection of said tract, in the centerline of
Legislative Route 28009 (Mainsville Road); thence from said point continuing in the centerline of
Legislative Route 28009, South 29 degrees 58 minutes 34 seconds East a distance of 277.57 feet to
a point in the centerline of Legislative Route 28009; thence from said point, South 61 degrees 44
minutes 27 seconds West a distance of 283.91 feet to a point on the right-of-way line of lands
of Conrail Railroad; thence from said point along the said Conrail Railroad right-of-way line, North
19 degrees 14 minutes 48 seconds East a distance of 155.52 feet to a point; thence from said point
and continuing along the right-of-way of Conrail Railroad, South 74 degrees 52 minutes 26
seconds West a distance of 23.22 feet to a point along the right-of-way of the former Old
Fayetteville Road; thence from said point along the right-of-way of the former Old Fayetteville
Road, North 19 degrees 25 minutes 18 seconds East a distance of 248.22 feet to a point in the
centerline of Legislative Route 28009 (Mainsville Road), the Place of BEGINNING.
CONTAINING .9258 acres, more or less, as is shown on a survey of land for Ray C. and
Janet 1. Porter prepared by William A. Brindle Associates Surveying dated July 17, 1987.
THE ABOVE-described tract of land has thereon erected a concrete block building which
has the mailing address of 408 South Fayette Street, Shippensburg, Pennsylvania 17257.
TOGETHER WITH that portion of the property shown on the survey of land prepared for
Ray C. and Janet 1. Porter by William A. Brindle Associates Surveying dated July 17, 1987, which
is identified as the OLD FAYETTEVILLE ROAD, which is noted on said plan as having been
abandoned.
THE WITHIN conveyed property is all of the property which Ray C. Porter and Janet 1.
Porter, husband and wife, by deed dated July 23, 1987, and recorded July 23, 1987, in the Office of
the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book
"V", Volume 32, Page 31, granted and conveyed to Dale Fetrow. It being also the same premises
which the Executors of the Last Will and Testament of Dale K. Fetrow, also known as Dale Fetrow,
by Installment Sales Agreement dated January 22, 1998 and recorded March 2, 1998 in
Miscellaneous Record Book 570, Page 8, did agree to sell to Randy L. Atherton and Deborah E.
Atherton.
Tax Parcel Nos.:
36-35-2388-018
36-35-2388-018 TR04313
36-35-2388-018 TR04314
36-35-2388-018 TR06121
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KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYL VANIA
CIVIL ACTION - LAW
NO. 00-4966 CIVIL TERM
RANDY L. ATHERTON AND,
AND DEBORAH E. ATHERTON
Defendant
NOTICE OF SALE OF REAL ESTATE UNDER PA. R.C.P. 3129.2
Robert G. Frey, Attorney for M & T Bank, successor by merger of Keystone Financial
Bank, Trustee of the Trust Under Will of Dale K. Fetrow, Plaintiff in the above captioned action,
being duly swom, says:
1. The premises which is the subject of this action is 408 South Fayette Street,
Shippensburg (Shippensburg Township), Cumberland County, Pennsylvania. A complete
description is attached hereto and incorporated herein as Exhibit "A".
2. The improvements situate on the premises consists of a garage with apartments and
three mobile homes.
3. The judgment of the Court on which this sale is being held is entered to 00-4966.
4. The names of the equitable owners are Randy L. Atherton and Deboral1 E. Atherton
and the last known address of the owners is 408 South Fayette Street, Shippensburg, Pennsylvania.
5. The time and place of the Sheriffs Sale is 10:00 a. m. on September 9,2001, in the
COmmissioners' Hearing Room, Cumberland County Courthouse, Carlisle, Pennsylvania.
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 advice.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: 717-249-3166
NOTICE OF SCHEDULE OF DISTRmUTION
7. A Schedule of Distribution will be filed by the Sheriff on the date specified by the
Sheriff not later than Thirty (30) days after the Sheriff's Sale, and that distribution will be made in
accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter.
f~
Robert G. Frey, Esquire
Supreme Court Number 46397
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge, information, and belief. 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: June 7, 2001
Ro ert G. Frey
ALL THAT certain triangular piece or parcel of land situate west of Shippensburg, in the
Township of Shippensburg, County of Cumberland, Commonwealth of Pennsylvania, bounded and
described as follows:
BEGINNING at a point at the northernmost projection of said tract, in the centerline of
Legislative Route 28009 (Mainsville Road); thence from said point continuing in the centerline of
Legislative Route 28009, South 29 degrees 58 minutes 34 seconds El\St a distance of 277.57 feet to
a point in the centerline of Legislative Route 28009; thence from said point, South 61 degrees 44
minutes 27 seconds West a distance of 283.91 feet to a point on the right-of-way line of lands
of Conrail Railroad; thence from said point along the said Conrail Railroad right-of-way line, North
19 degrees 14 minutes 48 seconds East a distance of 155.52 feet to a point; thence from said point
and continuing along the right-of-way of Conrail Railroad, South 74 degrees 52 minutes 26
seconds West a distance of 23.22 feet to a point along the right-of-way of the former Old
Fayetteville Road; thence from said point along the right-of-way of the former Old Fayetteville
Road, North 19 degrees 25 minutes 18 seconds East a distance of 248.22 feet to a point in the
centerline of Legislative Route 28009 (Mainsville Road), the Place of BEGINNING.
CONTAINING .9258 acres, more or less, as is shown on a survey of land for Ray C. and
Janet 1. Porter prepared by William A. Brindle Associates Surveying dated July 17, 1987.
THE ABOVE-described tract of land has thereon erected a concrete block building which
has the mailing address of 408 South Fayette Street, Shippensburg, Pennsylvania 17257.
TOGETHER WITH that portion of the property shown on the survey of land prepared for
Ray C. and Janet 1. Porter by William A. Brindle Associates Surveying dated July 17, 1987, which
is identified as the OLD FAYETTEVILLE ROAD, which is noted on said plan as having been
abandoned.
THE WITIDN conveyed property is all of the property which Ray C. Porter and Janet 1.
Porter, husband and wife, by deed dated July 23,1987, and recorded July 23, 1987, in the Office of
the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book
"V", Volume 32, Page 31, granted and conveyed to Dale Fetrow. It being also the same premises
which the Executors of the Last Will and Testament of Dale K. Fetrow, also known as Dale Fetrow,
by Installment Sales Agreement dated January 22, 1998 and recorded March 2, 1998 in
Miscellaneous Record Book 570, Page 8, did agree to sell to Randy L. Atherton and Deboral1 E.
Atherton.
Tax Parcel Nos.:
36-35-2388-018
36-35-2388-018 TR04313
36-35-2388-018 TR04314
36-35-2388-018 TR06121
EXHIBIT "A"
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYL VANIA
CIVIL ACTION - LAW
NO. 00-4966 CNIL TERM
KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
RANDY L. ATHERTON AND,
AND DEBORAH E. ATHERTON
Defendant
AFFIDAVIT OF SERVICE
AND NOW, this July 11,2001, I, Robert G. Frey, Attomey for M & T Bank, successor by
merger of Keystone Financial Bank, Trustee of the Trust Under Will of Dale K. Fetrow, Plaintiff
in the above-captioned matter, hereby swear that I have served a true copy of the NOTICE OF
SHERIFF'S SALE OF REAL ESTATE, UNDER PA.R.C,p. 3129, in the above-captioned matter
by depositing same in the United States Mail, postage prepaid regular first class mail upon the
following individuals at the following addresses:
Cumberland County Tax Claim Bureau
1 Courthouse Square
CARUSLEPA 17013
Domestic Relations Office
p, 0, Box 320
CARUSLE PA 17013
Pa, Department of Public Welfare
p, 0, Box 8486
Harrisburg PA 17105
Randy L. Atherton
408 Souuth Fayetle Street
Shippensburg. PA 17257
Deborah E. Atherton
408 Souuth Fayette Street
Shippensburg. PA 17257
Barry Negley. Tax Collector
2 Partridge Trail
Shippensburg. PA 17257
C,F.J,M,A,
725 Municipal Drive
Shippensburg. PA 17257
Shippensburg Township
p, 0, Box 2219
Shippensburg, PA 17257
Copies of the certificates of mailing are attached hereto marked Exhibit "A", and are made a part of
hereof.
11-
Robert G. Frey
Attomey for Plaintiffs
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
Sworn and subscribed to before me this
July 11,2001
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KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
vs.
IN THE COURT OP COMMON PLEAS OP
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-4966 CIVIL TERM
RANDY L. ATHERTON AND,
AND DEBORAH E. ATHERTON
Defendant
AFFIDAVIT PURSUANT TO RULE 3129
M&T Bank, successor by merger of Keystone Pinancial Bank, Trustee of the Trust Under
Will of Dale K. Petrow, Plaintiff in the above-captioned action, sets forth as of the date that the
Praecipe for the Writ of Execution was filed, the following information concerning the real property
located at 408 South Payette Street, Shippensburg, Cumberland County, Pennsylvania, and more
particularly described in a complete description thereof which is attached hereto as Exhibit "A"
and incorporated herein by reference as though fully set forth, as follows:
I. The name and address of the owner or reputed equitable owner is Randy L.
Atherton and Deborah E. Atherton, whose last known address is 408 South Payette Street,
Shippensburg, P A 17257.
2. The name and address of the Defendant in the judgment is Randy L. Atherton and
Deborah E. Atherton, whose last known address is 408 South Fayette Street, Shippensburg, PA
17257.
3. The names and last known addresses of every judgment creditor whose judgment is
a record lien on the real estate to be sold are as follows:
4. The names and addresses of the last recorded holder of every mortgage of record
other than the mortgage which is the subject of this action are as follows: None
5, The names and addresses of all other persons who have any record interest in or
record lien on the real estate and whose interest may be affected by the sale are as follows:
6. The names and address of all other persons of whom the Plaintiff has knowledge
who have any interest in the real estate which may be affected by the sale are as follows:
Randy L. Atherton
Deborah E. Atherton
408 South Payette Street
Shippensburg, P A 17257
Shippensburg Township
c/o Barry L. Negley, Taxcollector
2 Partridge Trail
Shippensburg, PA 17257
Cumberland Franklin Joint Municipal Authority
725 Municipal Drive
Shippensburg, P A 17257
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, P A 17013
Shippensburg Area School District
c/o Barry L. Negley, Taxcollector
2 Partridge Trail
Shippensburg, P A 17257
Shippensburg Township
P. O. Box 2219
Shippensburg, P A 17257
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge, information, and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C. S. 94904 relating to unsworn falsification to authorities.
Date: June 7, 2001
3;--A
Robert G. Frey
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KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
vs.
RANDYL.ATHERTONAND,
AND DEBORAH E. ATHERTON
Defendant
.
AUG 0 G ~OOl
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-4966 CIVIL TERM
ORDER OF SPECIAL SERVICE
AND NOW, this '7 day of August, 2001, on consideration of the Motion of the Plaintiffs,
leave for special service of the Notices under Pa.R.c.P. 3129 upon the Defendants is granted.
Said service to be made in accordance with Pa.R.C.P. 430(b)(1) as follows;
1, By posting a copy of the Rule 3129 Notice on the most public part of the property as
well as any other Notices related thereto on the most public part of the property;
2. By certified mail to Defendants' last known address;
3. By regular mail to Defendants' last known address.
4. Plaintiff is to file a Certificate of Service showing that above mailings were sent by
certified mail and regular, first class mail. Plaintiff is not required to provide a certification that
those mailings were received by Defendants.
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KEYSTONE FINANCIAL BANK,
TRUSTEE OF THE TRUST UNDER
WILL OF DALE K. FETROW
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYL VANIA
CNIL ACTION - LAW
NO, 00-4966 CIVIL TERM
RANDY L. ATHERTON AND,
AND DEBORAH E. ATHERTON
Defendant
MOTION FOR ORDER OF SPECIAL SERVICE
I. The Plaintiff is Keystone Financial Bank (now by merger M & T Trust Services), a
Corporation, Trustee of the Trust under Will of Dale K. Fetrow. Plaintiff's address and place of
business is I West High Street, Carlisle, Cumberland County, Pennsylvania.
2. Defendants are Randy L. Atherton, and Deboral1 E. Atherton, adult individuals, husband
and wife, having a last known address and residence in Shippensburg Township, Cumberland
County, Pennsylvania (mailing address: 408 South Fayette Street, Shippensburg, P A 17257).
3, Service of the Complaint was made on Defendants by Publication pursuant to Order of
Court, because, after reasonable investigation in accordance with Pa,R.c.p. 430, Plaintiff was
unable to determine the Defendants whereabouts.
4. Service of Notice of the pendency of Sheriff Sale was not made as the Sheriff mailed
the notice to the last known address and was given an address of Fort Loudon, Pennsylvania. The
Sheriff attempted to mail notice to this address but the mailing was returned with no forwarding
address being given.
5. In accordance with Pa.R.c.P. 430, Plaintiff has attempted to locate the Defendants
without Success. Plaintiff performed a reasonable investigation to determine Defendants'
whereabouts by taking the following action:
a. Inquiry of postal authority.
b, Inquiries of neighbors.
c. Examination of local tax records.
d. Examination of telephone directories for Cumberland and Franklin Counties,
Pennsylvania.
e. Search of telephone directories listed on the internet
6. The attempts to locate the Defendants as described above were reasonable and Plaintiff
knows of no other means to achieve service of the Complaint on Defendants other than by
alternate service as authorized by Pa.RC.P. 430.
7. In accordance with Pa.RC.p. 430, alternate service is requested by posting a copy of the
notices under Pa.RC.P. 3129 as well as any other notices related thereto on the most public part
of the property, and by first-class mail and certified mail to Defendant's last known address, 408
South Payette Street, Shippensburg, PA 17257.
WHEREFORE, Plaintiff request that the Court enter a special order to effectuate service of
the Notices under Pa.RC.P., and any other Notices related thereto on the Defendants, Randy L.
Atherton, and Deborah E. Atherton in the manner set forth and requested above in accordance
with Pa.RC.p. 430(b)(1).
August 6, 2001
Respectfully submitted,
Prey & Tiley
--1f
By:
R bert G. rey
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
I verify that the statements made herein are true and correct and understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. A. ~ 4904 relating to
unsworn falsification to authorities.
Dated: August 6, 2001