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Home My WebLink About00-05386 . ,,~~ <~" .. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A, Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for plaintiff HOUSEHOLD REALTY CORPORATION 931 Corporate Center Drive Pomona, CA 91769 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs. ACTION OF EJECTMENT SCOTT MATTHEWS AND KIMBERLY MATTHEWS and OCCUPANT(S) 45 Mare Road Carlisle, PA 17013 Term No.OO- !;'3!i. CLfT~ Defendant(s) CIVil ACTION: EJECTMENT NOT ICE 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 the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (BOO) 990~910B Legal Services Inc. B Irvine Row, Carlisle, PA 17013 (717) 243-9400 A V ISO LE IrAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIQ QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVInO CON ESTA DEMANDA Y AVISQ. PARA DEFENDERSE ES NECESSARIO QUE DSTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COOTE PUEDE, SIN NOTIFlCARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE AEOGADQS) , 215-238~6300. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990~9108 Legal Services Inc. B Irvine Row, Carlisle, PA 17013 (717) 243~9400 \ ~- , " ,~,- .~ - ~'" -~, ~ COMPLAINT IN EJECTMENT 1. Plaintiff is HOUSEHOLD REALTY CORPORATION, 931 Corporate Center Drive, Pomona, CA 91769. 2. Defendants are SCOTT MATTHEWS and KIMBERLY MATTHEWS, and OCCUPANT (S) . 3. Carlisle, hereto. Plaintiff is the owner of premises 45 Mare Road, PA 17013, a legal description of which is attached 4. Plaintiff became owner of said property by a Deed from the Sheriff of Cumberland County, which deed was lodged and settlement made with the Sheriff on July 27, 2000 (Abstract of Title) , 5. Plaintiff, by virtue of the above, is the owner of said premises, and is entitled to possession thereof. The Defendants, SCOTT MATTHEWS and KIMBERLY MATTHEWS, and OCCUPANT(S), are occupying the same premises without right, and so far as the plaintiff is informed, without claim of title. 6. Plaintiff has repeatedly demanded possession of the said premises from the said Defendants, who have refused to deliver up possession of the same. WHEREFORE, Plaintiff requests judgment for possession of the premises. J . Go ck, Jr., Esq. 'lJi " , - VERIFICATION I, Joseph A. Goldbeck, Jr. as the Attorney of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief, I understand that false statements therein are made subject to the penalties of 18 Pa. C.S, 4904 relating to unsworn falsification to authorities. Date: 7131\ Cf1J #713303-00-92615 - MATTHEWS,SCOTT ,,~, , , "c ~" "'_' ,- ". " , - ,-p -,. JIJL .27 2000 ~ 4:32 PM FR HOUSEHOLD FINANCE89 397 3089 TO MORTGAGE " 912156277734 , (p1Q V 1* C}P \1 ~{) P.02 ! 11"~ '. 7 (3303 o IP BOYrlS CBBCKlID. THIS MOR.TGAGB IS AN OPEN-END MORTGAGE AND SBCVlUlS I'lJTtlll.B ADVb,NCSS THIS MORTGAGE is.made this 1ST day of ..IVL Y , , 19 in . between the Mortgagor, .. ('i ,,,. ..'-~ ' SCOTT A MA.TTHEWS .J "'_i..- t::, ~,..1 (.:. !; 2 KIM6ERLY D,MATTHEWS , (herein' "Borrower"), and ,Mortgage;e, ,HOUSEHOLD, ,REAL TY CORPORA 1',1 ON' -, " " a corporation organized and, e,'g'isting iJnder the laws of DELAWARE" ' 25 GATEWAY DRI:VE. SUI TE107, ME'CHAN I CSBURG , RA 17055_ (herein "Lender"). The following paragraph preceded by a checked box is applicable. m WHEREAS, Borrower is indebted to Lender ill the principal $Om of $ 24 ; 664 ,92 ' , ~enced by Borl'Owet"e Loan Repayment and Sec\l1'ity Agreement, or Seconoary Mortgage Loan A~ment dated JULY 1, 1991 I and any 'extensions or renewals thereof (herein "Note"), pro..n.ding ,fur monthly installments of prinCIpal and interest, including any adju$tmentS to the amo1,)nt of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not Booner ,Paid, due and payable on JUL'Y 1. 2027 o wHEREAS. BorrOWer is indebted to Lender in the principal sum- of $ . at so mIlCh t!l.ereof as may be advanced P\l1'SU3llt to Borrower's Revo!ving Loan. Agreement dated and extensione snd renewals thereof (herein "Note"), providing for monthly installments, and Interest at tile rate and under the term. specified in the Note, including any adjustment$ in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of $ TO SECURE to Lender the repayment of (1) the indebtedn_ cviden~ by the Note, ~th intel'e$t thereon, including any increases if the contract rate is variable; (2) fut\lte advances,under any Revolving Loan Agreement; (3) the payment of all other sums, witb in_t thereolJ., advanced in accordance herewith to pro1ect the secwity of this Mortgage; an<i,'(4) the perf",mance of.the covenants and agreements _of Borrower herein contained, -Borrower does hereby' mortgage, iran! and convey to LeIl<l~'and L~e,r's SlJ~rs'and'assigns the following'<lesQribed ~perty located in the County,of CUM6ER.L'ANO :,:,;':.," ,",' " '" ,,, COmmonwealth of P~llII$yl,vania::.:-: _"",., __ ,,,. " . . 'P' ." ", .,,". ':." ',. ,whose address is AI.I thaI cerlaln prQPsrly sltua,tBd in the township of Lowe'r' F<ankford in '1I>e'county of Curnber'la_('ld ..nd Conmonwealth of Pennsylvania, being descr Ibed Is follows: ,containing 16,682 acros more or less, 8elng more fully described in a fee simple deed dated OGI2311S93 and recQrded 0612311993, among "', the land records of the county end 'stete set forth abD~e, In 'Volume 136 Page 1133. ,IroOK.f392 PACE 618 ~ '~ " ~ e:. ~ :;;:: ..... .~~ m '" p, <"> 0. . :...., <::> '0' !: "0 ft- CC :"'".J ;::-j "'" '" -< "". '" ::v '" , ;:g (~ 0 ''V '" .., - <::: 0 ", I-> :z: fTt C> -I m r- b> '0: 0 '" ;"" , CIl' ~ ~ b' 11"22-&5 Mortg-8P PA IlllllilNAl t_;....... \.:':5.1; :~ ::' ~1.mllllUlm.UJlIIlllllmlllllllillmlllllll _ ---- ** TOTAL PAGE,82 ** CTX/RX NO 7288] I4J 002 PAO.o,z:iI; I ! i I I ! I f , lfr " , ~'-'-'.' '. .-. , , -, ,- "," 07/27/2000 THU 19:29 ''"'~'''i '; .: ft""'-'_'ft1i:l['-nr:-Hr{:".ttiitffk'TIi.~'tst.t3";- 'nrrhij] rr "~ il I :i ! I ,I I I ri I ~ \, ;J ,'~ ii , 'I' 11 _i' ;i H , "i' :;'il ;il :m '<i! " '" ,," _om,. - " ~--~ ~." . " ., ..,,"""" .".--- ,>"'. ~" .""" ,.' .,.."'""."""",,,,,,,, . , " r l " () {::J ~ c-= '-~~) ~ ~ :<'.-:-' .1:", f.J ~t -0 C~' rr1r-:, c') ~ Z:J, t) ::cr-' , (0-" I, "- () C "l ~- ~ r:: ':R 0 () :;< 6"- , "- (..) (i"- f :;.:> ,~,<: ...0 - p! V:) CY () ~ to J , ~~_"."",~iJ!~,,. ....."''''''~~@'!~ll''!I!,I~'cI!i'f!!il~~fiIl~'''k~'iJ'.;l!~ " ,<<-. :&$,_~~,~~,'I'~_~'l\~l._, ~ """"'__ ."_,~~~ SHERIFF'S RETURN - NOT FOUND . CASE NO: 2000-05386 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOUSEHOLD REALTY CORPORATION VS MATTHEWS SCOTT ET AL 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 MATTHEWS SCOTT but was unable to locate Him in his bailiwick, He therefore returns the COMPLAINT - EJECTMENT NOTICE , NOT FOUND , as to the within named DEFENDANT , MATTHEWS SCOTT DEFENDANT NO LONGER RESIDES AT ADDRESS STATED, RETURN NOT FOUND AS PER BARB PINTER 8/7/00. Sheriff's Costs: Docketing Not Found Return Affidavit Surcharge 6.00 5.00 ,00 10.00 ,00 21.00 -~ R. Thomas Kline Sheriff of Cumberland County GOLDBECK, MCCAFFERTY, MCKEEVER 08/07/2000 Sworn and subscribed to before me '" tt.- /. - day of O"t"J.- this ;/'1>7J-o A. D. ~,-,Q. nvfiJ." $?i7 Pro h notary 1 ~ $. , ."-' .-"0 \-1 -, SHERIFF'S RETURN - REGULAR CASE NO: 2000-05386 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD REALTY CORPORATION VS MATTHEWS SCOTT ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon MATTHEWS KIMBERLY the DEFENDANT , at 0016:03 HOURS, on the 4th day of Auqust at 889 GRAMS WOODS RD CARLISLE, PA 17013 , 2000 by handing to KIMBERLY MATTHEWS a true and attested copy of COMPLAINT - EJECTMENT together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18,00 4.34 ,00 10.00 .00 32.34 Sworn and Subscribed to before me this IY~ day of ~~ AD ~ ,U.- a. ')y,,~ ~ P othonotary '~r-'7 ""''1' ~ \ I So Answers: :;'!"~~~ R, Thomas Kline 08/07/2000 GOLDBECK, MCCAFFERTY, MCKEEVER "'ff-~-, , By: /~~ d.l Deputy Sheriff~ t" , SHERIFF'S RETURN - REGULAR CASE NO: 2000-05386 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD REALTY CORPORATION VS MATTHEWS SCOTT ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon DOUGHERTY DALE (OCCUPANT) the TERRE TENANT , at 0015:19 HOURS, on the 4th day of August 2000 at 45 MARE ROAD CARLISLE, PA 17013 by handing to DALE DOUGHERTY (OCCUPANT) a true and attested copy of COMPLAINT - EJECTMENT together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 4.34 .00 10.00 .00 20.34 So A;::~~ R. Thomas Kline 08/07/2000 GOLDBECK, MCCAFFERTY, MCKEEVER Sworn and Subscribed to before me this /,/T!':' day of By: '?14 1,.;... Deputy Sher~ .2tWti A, D. {l~ rothonotary "'II~1< ~ GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I,D,#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff I HEREBY CERTIFY THAT THIS IS A tRuE AND CORRECT COPY OF THE ORIGINAL FILED HOUSEHOLD REALTY CORPORATION 931 Corporate Center Drive Pomona, CA 91769 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs. ACTION OF EJECTMENT SCOTT MATTHEWS AND KIMBERLY MATTHEWS and OCCUPANT(S) 45 Mare Road Carlisle, PA 17013 Term No.OO - S'3fb Ciu~l~ Defendant(s) CIVIL ACTION: EJECTMENT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUmberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990~910B Legal Services Inc. a Irvine Row, Carlisle, PA 17013 (7l7) 243-9400 A V ISO LE MAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUBS DE SER SERVIDO CON ESTA DEMANDA Y AVISQ. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU MOGAnO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: 51 USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PR05EGUIR CON EL PROCESO SIN SU PAR'J'ICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIQNES DE ESTA DEMANDA. PaR RAZON DE ESA DECISION, ES P0SSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADQS), 215-23B-6300. CUmberland County Bar Association 2 Liberty Avenue, Carlisle, FA (BOO) 990-910B Legal Services Inc. a Irvine Row, Carlisle, PA 17013 (717) 243-9400 '-- TRUE COpy FROM RECORD In Testimony whereof, I here unto SIt my hand :''' ~~~. ...atCarlIsle _' Pa. 4n~#- ~ " ~.~~ . Ilonotary " <'1- _~~ ., ~__~c~~ ^ . < _~ .-.,."'.. ~ > (< COMPLAINT IN EJECTMENT 1. plaintiff is HOUSEHOLD REALTY CORPORATION, 931 Corporate Center Drive, Pomona, CA 91769, 2. Defendants are SCOTT MATTHEWS and KIMBERLY MATTHEWS, and OCCUPANT (S) . 3 . Carlisle, her""to. Plaintiff is the owner of premises 45 Mare Road, PA 17013, a legal description of which is attached 4, Plaintiff became owner of said property by a Deed from the Sheriff of Cumberland County, which deed was lodged and settlement made with the Sheriff on July 27, 2000 (Abstract of Title) , 5. Plaintiff, by virtue of the above, is the owner of said premises, and is entitled to possession thereof. The Defendants, SCOTT MATTHEWS and KIMBERLY MATTHEWS, and OCCUPANT(S), are occupying the same premises without right, and so far as the Plaintiff is informed, without claim of title, 6, Plaintiff has repeatedly demanded possession of the said premises from the said Defendants, who have refused to deliver up possession of the same, WHEREFORE, Plaintiff requests judgment for possession of the premises, J ck, Jr., Esq. ;;"'1 , ., -,-, -, - '" ~ ." 1'1' (' VERIFICATION I, Joseph A. Goldbeck, Jr. as the Attorney of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief, I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 7131) UlJ #713303-00-92615 - MATTHEWS,SCOTT '.'=><r - -, ~_"n' r- ',' 1, ~~,~ L-.f C:::\QI<1lQ' 4:32 PM FR HOUSEHOLD FINRNCE08 387 30R8 TO 812156277734 /' lqnV ~ ClO \11t P.02 ~ , I(P.~:'/ t:1 "' 7 f3:303 MORTGAGE D III BOX IS CHECKED. TIllS MOR.TGAGE Is AN OPEN-END MORTGAGE AND. SIlcVR.I!S FUTURE ADVANCES THIS MORTGAGE is made this 1 ST day of .,JULY' 19 in , between the Mortgagor, T TH e'-i ,.., ")~ -y-c- . SCOT A MAT EWS ". J u.Ji..- t'.:J ,"'I r.:. I, ., KIMSERLY O. MATTHEWS - .~ . (herein' "Borrower"). andJ4ort~~. ,HOUSEHOLD, REAL TY CORPORA.,I eN"'"'' .' s corporation organized and e.ldsting Under the laws of DELAWARE, 25 GATEWAY DRIVE;. SUITE 101. MECHANICSBURG'. RA 17055 (herein "Lender"), . The following paragraph preceded by a check.ed bOll is applicable. m WHEREAS, Borrower is indebted to Lender in th~ principal sum of $ ~:4 ; 664 ,92 . , ~enced 1>y Borrower's Loan Repayment and Security Agreement or Secondary Mortgage Loan Agreement dated JUL Y 1, 1997 t and any 'extensions or renewals thereof (herein "Note"), provIding ,for monthly installments of principal and interest. illcluding any adjustments' to the amount of paYInents or the contract rate if that tIlte is variable, with the balance of the il1debtedness, a not sooner paid, due and payable On JULY 1, 2027 o wHEREAS. Borrower is indebted to Lender in the principal sum- of :& , Or so mUCh thereof as may be advanced plJtS\lant to Borrower's Revolving Loan Agreement dated and exteroions and renewals thereof (herein "Note"), prOviding for monthly installments, and interest at the rate llnd under the terms specified in the Nou, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of $ TO SECURE to Lender the repayment of (1) the indebtedness evi~ by the Note, with interest thereon, including any increases if the contract rate is 'Variable; (2) future advances under any Revolving Loan Agreement: (3) the payment of all other sums, with interest thereon. advanced in aecoroance herewith to protect the security of tbis Mortgage; and :(4) th<l p.,rf""mance of" the co;:enants. and agreements ,of' BOJrower bereill contained, 'Bom>~ does hereby- mortgage, 8"int and convey to Len<ler and ~der's s~rs'and' assigns the following'i:lesQribed prwerty locatedintheCounty,of CUMBERLAND:".:':"',, ',:: . " " ,.", .'" ," " COmmonwealth of PellIl$Y,lvania::- " _..." _ .. .' " ". . '... ." ,0. .. ,,,. ,whose addres,,: is .. ,- AU t~'-t certain pro,perty sltua,tBd in. the township of Lpwe'r' Frankford in'tne"county pf Curnberla,nd and C01'm1onwealt~ pf Pennsylvania. being described 15 foilows:,contelning 15.~82 acres mOre or Jess. aelng mor~ fUlly descrlbed in a tea .Imple deed dated 06/23/1993 end r~carded 06/23/1993, emong , the lend record~ o. the county and ltate set 'ort~ above, In " '-Vol ume 136 Pege 1133, ... = -.:l ~ - . , . 't":.. ~;.;.; .~ t~l <') <.> :xJ a '0' :_ ;Q tt,: >"'''' _,.. to, -..ot 0:';"." (')0 0 t"'J e""1_ c::o~ Z1Tl~. "':Jrrlt"l -, "" J(/)'::t.:! ~ ~' <:.<2 "". , .Boo~,t392 paGE 618 3 ~ . Ie,,> ;~ . 11"22..85 Monge.p PA oRIG'NI\~ t t<:,. ~1.mlllllllllm.DBI.II!IlIII.llllJlIIl PA001ZS1 ~T ',= 07/27/2000 THlr 19:29 -- ** TOTAL PAGE.02 ** [TXlRX NO 72881 14/002 -','-,-". 1 ~ "" " ~~'f/;i1I:~..i.<lii!l;i-;;~....~~,,~J,_~iil!sia"'!'&'~!lii:i;l;!,01Il.i--^ ~ ~ ~ .~ " .~~-~,"-,~ ,- <7'_',~=,,"v '" " -.''-- - T ___,or , _ ~_~. ~ ,~. ,~, " L>~ ~,~,_ ~ ~ fI fM€l (~ Li l' i" ~ , ,~ II II i:i Ii ~ r:I U /I I~I ,I ;1 d 1"1' " i'! [ ~ 'I I II 'I ,I; LAW OFFICES OF HAROLD S. IRWIN, III, ESQUIRE 35 EAST HIGH STREET, SUITE 201/202 CARLISLE, PA 17013 717.243.6090 HOUSEHOLD REAL TV CORPORATION,: IN THE COURT OF COMMON PLEAS OF 931 CORPORATE CENTER DRIVE : CUMBERLAND COUNTY PENNSYLVANIA POMONA, CA 91769, PLAINTIFF v. : CIVIL ACTION. LAW . . SCOTT MATTHEWS AND KIMBERLY, : NO. 00-5386 MATTHEWS and OCCUPANT(S) 45 MARE ROAD, CARLISLE, PA 17013,: ACTION IN E.JECTMENT DEFENDANTS : .JURY TRIAL DEMANDED ANSWER WITH NEW MATTER Defendants, James Dougherty and Dale Dougherty, by their attorney, John J. Baranski, Jr., files this Answer, representing as follows: 1, Admitted. 2. Adl11itisu. 3. Admitted in part, denied in part. It is admitted that the legal description attached to plaintiff's complaint accurately describes the 45 Mare Road property. The averment in paragraph 3 regarding ownership are legal conclusions to which no response is required. In the event that a response is required, the averments are denied with reference to answering defendants' New Matter below. . --"".'- - <i)~,-'~"'- ,',' ""r"::i>' I -,' ~'" ~,oJ ,.~" --,.-",/'1' " L -.co"_ ',- -, "0. ~- _,,, oJ ~_"I_'~" "" ~ " ".-"".' 4. Denied. The averments in paragraph 4 regarding ownership are legal conclusions to which no response is required. In the event that a response is required, the averments are denied with reference to answering defendants' New Matter below. With respect to the remaining averments, answering defendants are without sufficient information or knowledge to form an opinion as to the truth of this matter and specific proof thereof is demanded at trial 5, Denied. The averments in paragraph 5 regarding ownership and entitlement to possession are legal conclusions to which no response is required. In the event a response is required, the averments are denied with reference to answering defendants' New Matter. The remaining averments are denied with reference to answering defendants' New Matter. 6. Denied. On the contrary, no demands other than the complaint to which this answer is directed were made on answering defendants. WHEREFORE, answering defendants request that this Honorable Court to enter judgment in their favor and against the Plaintiff. NEW MATTER 7. Answering defendants incorporate by reference paragraphs 1 through 6 of their answers as if set forth herein in their entirely, 8. On or about May 8, 1998, answering defendants purchased the property located at 45 Mare Road, Carlisle, PA 17013 from the co-defendants, Scott and Kimberly Matthews. "'-~ ", -":"_'_,-c,',r_" "" . ,. ^,,-, "~ _. " --""0_'. _ - 9. The purchase was by installment sale agreement dated May 5, 1998, attached hereto, incorporated herein and marked as Exhibit "A". 10. Since that date, James and Dale Dougherty have resided in the premises as their primary residence and their home and are entitled to possession. WHEREFORE, answering defendants request that this Honorable Court to enter judgment in their favor and against the Plaintiff. September 2 r: 2000 Jo J. Baranski, Jr., Esquire 10. No. 82585 Law Offices of Harold S. Irwin, III 35 East High Street, Suite 202 Carlisle, PA 1013 (717) 243-6090 Attorney for Defendants ','~, ,."'C,. ,-,' . ..," '1-; .'0' , ,,--- - . ,~. -~ CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of defendants Answer upon the plaintiff by placing same in the United States mail at Carlisle, Pennsylvania, Regular Mail on this undersigned date and addressed as follows: MICHAEL T. MCKEEVER, ESQUIRE GOLDBECK MCCAFFERTY & MCKEEVER SUITE 500 - THE BOURSE BUILDING 111 SOUTH INDEPENDENCE HALL PHILADELPHIA, PA 19106 September -2..L, 2000 JOH . BARANSKI, JR., ES UIRE Attorney for Defendants Law Offices of Harold S. Irwin, III 35 East High Street, Suite 202 Carlisle, PA 17013 717-243-6090 - ~'--."~~'- ',,- ""';-.~_":"P"<-__,-r,r-,_~,e"'",_--<,,,_m"''',,~,,_~_ .__<= ..r,-:- --f'_',-,,~ ~,. "';,--.'- -, --(' VERIFICATION I, John J. Baranski, Jr., Esquire, hereby state that I am counsel for defendants, James and Dale Dougherty, that I am authorized to make this verification on behalf of my clients, that I am making the verification due to the time constraints within which this pleading must be filed and due to my c1ientss unavailability to sign this verification within those parameters and that the facts and information set forth in the foregoing Answer are trueuand correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C,SA Section 4904 relating to unsworn falsification to authorities. September 20, 2000 ,.- ----'.=F:',-t"'{,_",':-::r,,,- _ <-'I""' '",n""",' ."" --> ~.:'... . J.'t ~ ." AGREEMENT OF SALE THIS AGREEMENT made this 5' day of~ 1998, between KIMBERLY D. MATTHEWS and SCOTT A. MATTHEWS, her husband, of Carlisle, Cumberland County, Pa. 17013, hereinafter referred to as Sellers, AND JAMES A. DOUGHERTY and DALE E. DOUGHERTY, of 26 Lucinda Drive, Carlisle Cumberland County, Pennsylvania, 17013, hereinafter referred to as Purchasers, WITNESSETH: 1. Sellers agree to sell and convey to Purchasers and Purchasers agree to purchase and accept the conveyance of all that certain tract of land with the improvements thereon erected, situate at 45 Mare Road, Lower Frankford Township, Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: See attached exhibit A 2. Purchasers agree to pay the sum of One Hundred Forty Thousand 40(000) Dollars to Sellers as follows: t\"QIi' Sn( 1~.us~~' (./~) ~'f Tl.d7E Tl,6tisaaB ($12,000) Dul.l~s at the time of the execution of this ... ... gr~~went, receipt whereof is hereby acknowledged by Sellers, and the balance " t..~ )1tXJ./JO ~ o~~2l~~~f in monthly installments of $600.00 per month commencing on l) }tim. 5', 1998. Said installments are to be applied to the payment of the unpaid [x~j/1 1/ L ., ", <"P-- -'_'j.,-, ,', - ~_.. '" l - '_ '" ." ..~ - ~: principal balance. Such payments shall be made to Kimberly D. Matthews at such address as the Sellers shall direct Purchasers. Purchasers shall have the privilege of making additional payments of principal, without penalty therefor. Purchasers specifically agree to pay said purchase price in full not ~cx:. , )'99'1 later than IRe 7, 2990. Upon payment of the purchase price in full, settlement as hereinafter provided shall be held. ~.t'~1 3. At settlement, the Sellers agree to convey title in fee simple, by~ warranty deed, free and clear of all liens or encumbrances, except ~~ easements or restrictions visible or of record. 4. At settlement all realty transfer taxes shall be divided equally een the parties. . 5. Sellers wjUpay all real estate taxes and insurance on the . /8 P/tJf\rla$ premises for the Rw ye.M period. 6. After the date of the execution of this agreement, the cost of any municipal improvements or assessments shall be the responsibility of the purchasers. ~. 7. Purchasers shall receive possession of the premises as of the date of the execution of this agreement. 8. Sellers agree at their expense, to keep the buildings on the premises insured against fire with extended coverage, for a sufficient sum to cover at all times the unpaid balance of the purchase price, said insurance to be carried in the name of the parties as their interest may appear; and to be further endorsed to protect any creditor of Sellers, for said premises. 9. Purchasers agree to keep the premises in a good state of repair, and to make no substantial alterations or changes to said premises without the prior written consent of the Sellers hereto. Sellers shall pay the cost of all maintenance and repairs, necessary for the well, septic and roof. whether ordinary or extraordinary, during the term of this agreement. Any bids received for such work will be provided to Sellers for review, 2 10. Purchasers accept the property "as is" with the exception of the well, septic and roof, relying solely on their inspection and without any warranty either expressed or implied from the Sellers. 11. It is specifically agreed by the parties hereto, that in the event any mortgage or judgment is on the premises or is placed on the premises by Sellers, and default of the same is made by Sellers, purchasers shall have the right to pay on said obligations and receive credit for the monthly payments thus made. Furthermore, Sellers agree that the balance due from sellers to all creditors for all debts represented by liens on the property shall never exceed the balance due to Sellers by the Purchasers under this agreement. 12. On default in the payments of the monthly installments or of any other obligation under this agreement, for over thirty days, the sellers may declare this agreement to be ended, retaining all payments made to that time as liquidated damages, and in such event, the Prothonotary or any attorney of any court of record in Cumberland County is hereby authorized to appear for and to confess judgment in an amicable action of ejectment against the Purchasers, their heirs, assigns, executors, assigns or lessees, for the premises herein described and to direct the immediate issuing of a writ of possession with writ of execution for costs, without notice and without asking leave of court, and with three hundred dollars ($300.00) as reasonable attorney fee or at the option of Sellers, said Prothonotary or attorney is authorized to confess judgment against the Purchasers and in favor of the Sellers, for the unpaid balance of the purchase price, and costs, interest, insurance, etc., with fifteen (15%) per cent added as a collection fee. 13. The interests of the Purchasers in this contract shall not be assignable, in whole or in part, without the prior written consent of the Sellers. If such assignment is attempted by the Purchasers, the rights stipulated in the preceding paragraph hereof shall accrue to the sellers. Transfer of title by will, survivorship, or by descent shall not be regarded as an assignment requiring consent of the Sellers. 3 "--r-~-' '.-," , ""-" :;'--"--,',1"",,--"":-,,, - "I" -. F'",""_-t" __,_"_,~~_. ,,,,,," __ _.__,,,,,__, ,,'<1,~,~ >="_" _,., ., . ~@, ~ ~ "": q{; ~,Q@/ If this contract has been recorded in the Office e avoid, by any ropriate instrument or pr dure, the recordation of the ontract, so that the record title shall be e and clear of this For the performance of this agreement, the parties hereto bind themselves, their heirs, executors, administrators and assigns, as witness their hands and seals the day and year first above written. Witnesses: ~A~EAL) Scott A. Matthews 7" .-fhe. evt."t\+ ~..p ".f:re.. 0'" otl-..er d'i!>Qskr) f4e.. pUf"'c.~qsers will be. ~W1Pt"'Sqled I~ tvll fhr- fI..~tr ~f\~s~~i Qtf4c.. f<<rt~ of1t..t:. J,sq5k~. ~~ 4 ,-->.-" 'H "~",,__L, ." .0 ? ,>,..'-, '::"~_~"""""",'f'?~,,-~.-_~, ,.'.. --'" i \. \ \ ALL THAT CERTAIN tract of land in Lower Frankford TownSh~;:'.;~~/t;~ Cumberland County, pennsY1vani.a, containing 16.892 acres, b.e. . .g."-.-f~.. the northern most part of the farn now or formerly of Nelson...... i; Shughart, and Ruth E. Shughart, his wife, which farm is m eTt .;C particularly located as being in the Northeast .comer fi:;;;> .~ Legislative Route No. 21001, known as Traffic Route No. 994 "i!!d::> ;; Township Road No. 492, the tract hereby conveyed being m~~i'iiii"I'1 particularly bounded and described as follows: ,.. ., , BEGINNING at an iron pin on a line of land now or formerly of C. C. Leidigh and land now or forner1y of EUgene. C. Morrison, North 72 degrees 57 minutes 48 seconds East 1029.522 feet to a stone pile; thence South 21 .degrees 42 minutes 11 seconds East 495.76 feet to an iron pin and stone pile; thence South 22 degl:'ees 41 minutes 53 seconds East 397.75 feet to a!1 iron pin; thence South 75 degrees 22 minutes 50 seconds West 641.68 feet to an iron pin; thence North 45 degrees 30 minutes 37 .seconds West 981.602 feet to the place of beginning. CONTAINING 16.682 acres, more or less. O<Htl3rT A <-,'<' w_,,>,-J:' -,-'____,_, ~'1 . . '-'c ., " " .' : ALL THAT CERTAIN tract of land in Lower Frankford TownSh~" ';~ cumb. er1and County, Penm.ylvania, containing 16'892..acres,. be' '~i the northern most part of the farm now or formerly of Nelson ~- Shughart, and Ruth E. Shughart, hi". wife, which farm is m (!J particularly located as being in the Northeast corner 1i: Legislative Route No. 21001, known as Traffic Route No. 994 ~d: Township Road No. 492, the tract hereby conveyed being mCWRi particularly bounded and described as follows:. ' BEGINNING at an iron pin on a line of land now or formerly of C.C. Leidigh and land now or formerly of Eugene C. Morrison, North 72 degrees 57 minutes 48 seconds East 1029.522 feet to a stone pile; thence South 21 degrees 42 minutes 11 seconds East 495:76 feet to an iron pin and stone pile; thence South 22 degrees 41 minutes 53 seconds East 397.75 feet to illl iron pin; thence South 75 degrees 22 minutes 50 seconds West 641.68 feet to an iron pin; thence North 45 degrees 30.minutes 37 seconds West 981.602 feet to the place of beginning. CONTAINING 16.682 acres, more or less. THE ABOVE DESCRIPTION is in accordance with the subdivision plan for Walter E.Morrison, which is herewith recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania,inPlan Book 30, Page 74. THIS IS A CONVEYANCE made subj ect to e.sements, rights of way, and restrictions of record. TOGETHER with the right of ingress, egress, anel regress over a twelve foot driveway and subj.ectto the expenses for lnaintenances thereof all as more specifically set forth in an easement agreement elated September 27, 1985, anel recorded in Miscellaneous Book 310, Page 495. EXHIBIT A ,'--~ '~, I , - 'n ~ _ ~,,",",' _\ C, ,'co' f- _ h, _c_"_ ,",- -,'_, ,<I' ' ~., _" -C" '-"'c' ~- -~, _,_ ^ '", ~....,. ., I I I '1! ....~.. ~.. ..,.. .' "',-".< 'b'~...'. -<" M'~~!,!~..,' ,~, '''''~ - . ,._'>"':'"~ dll;~..,.,.. ~~..., ~~" -- -, - ,--, ~~. -..." ~_. (') a 0 C <'::.:J ~'-1 s: U) ~ 'j -Ow "'1 .:.n n1rn " 2::n 2,-;;.: rv t"J ~,~' c--; ., () -. :<~. .." ;~d ~o _1,,- C) x:- Pc': ;Z ::J ~ =< <:0 -< ,~~~ '-;--'~- -_"'."-' _",-r: .- . GOLDBECK, McCAFFERTY & McKEEVER A Professional Corporation By: Lisa D. Blankenburg, Esquire Attorney I.D. No. 78020 Suite 500 - The Bourse Building 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627 - 1322 Attomey for Petitioner HOUSEHOLD REALTY CORPORATION Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMERBLAND CO. v. : NO. 00-5386 Civil Term SCOTT MATTHEWS KIMBERLY MATTHEWS and OCCUPANTS Defendants PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned action settled, discontinued and ended. GOLDBECK, Mc CAFFERTY & Mc KEEVER \~ Lisa D. Blankenb , Esquire Attorney for Plaintiff, Household Realty Corporation !- '" 1