HomeMy WebLinkAbout01-1592 FX
.-
KEVIN V. ANDERSON and
CECELIA A. ANDERSON, his wife,:
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
v.
No.O{-15Q2
WAYNE E. CRAWFORD,
Defendant
CIVIL ACTION - LAW
NOTICE
TO: Wayne E. Crawford
3481 Spring Road
Carlisle, PA 17013
You are hereby notified that on ~arcA .20
2001, judgment by confession was entered against you in the sum
of $67,748.16 in the above-captioned case.
IJJ~u, t ~~
Prothonotary IZIVIB
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.
Date: 3-,)0-01
Cumberland County Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
I hereby certify that the following is the last known
address of the Defendant: 3481 Spring R Carlisle, PA 17013.
F is M. Socha, Esquire
Attorney 1.0. No. 29101
2201 North Second Street
Harrisburg, PA 17110
(717) 233-4141
Attorney for Plaintiff
'?:1m_ .,
, - ,
<I If' 7 ~.
-
KEVIN V. ANDERSON and
CECELIA A. ANDERSON, his wife,:
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
v.
NO. 01- IQ"9;L Cc~j 1;-0-
WAYNE E. CRAWFORD,
Defendant
CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
TO THE PROTHONOTARY OF SAID COURT:
Pursuant to the authority contained in the warrant of
attorney, the original or copy of which is attached to the
complaint filed in this action, I appear for the Defendant and
confess judgment in favor of the Plaintiff against the Defendant
as follows:
Delinquent Payments
Principal Balance
Attorney's Fee of 10%
TOTAL
$ 2,364.45
$59,439.74
$ 5.943.97
$67,748.16
Respectfully submitted,
Jl!
Fra cis M. Socha, Esquire
orney I.D. No. 29101
2201 North Second Street
Harrisburg, PA 17110
(717) 233-4141
1/,
n
~ I T
KEVIN V. ANDERSON and
CECELIA A. ANDERSON, his wife,:
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
v.
NO. Of- /s<l;L ~ -r~
WAYNE E. CRAWFORD,
Defendant
CIVIL ACTION - LAW
COMPLAINT
AND NOW, comes the Plaintiffs, Kevin V. Anderson and Cecelia
A. Anderson, his wife, by their attorney, Francis M. Socha,
Esquire, and sets forth the following Complaint:
COUNT I - CONFESSION OF JUDGMENT FOR MONEY
1. The plaintiffs, Kevin V. Anderson and Cecelia A.
Anderson, are an adult individuals residing at 553 Sawmill Road,
Mechanicsburg, Cumberland County, Pennsylvania.
2. The Plaintiff is the owner of the property known as
3481 Spring Road, Carlisle, Middlesex Township, Cumberland
County, Pennsylvania (the "Property"). The Plaintiff acquired
the Property from Homer A. Hepfer, pursuant to a deed dated
December 3, 1999, and recorded December 7, 1999, in the
Cumberland County Recorder of Deeds Office in Record Book 212,
Page 759.
~~~,~ .~,"
I.l~
I ~
- ,
3. The Defendant, Wayne E. Crawford, is an adult
individual residing at 3481 Spring Road, Carlisle, Cumberland
County, Pennsylvania.
4. On September 29, 2000, Plaintiff and Defendant entered
into an Agreement of Sale of Real Estate (the "AgreementH) for
the property at 3481 Spring Road, Carlisle, Cumberland County,
Pennsylvania (the .PropertyH). A true and correct copy of the
Agreement is attached hereto and marked as Exhibit "A.H
5. The Defendant entered into possession of the Property
on or about September 29, 2000, and was at all times herein
remained in possession of the Property by virtue of said
Agreement.
6. Paragraph 2C of the Agreement provides that the
Defendant shall pay monthly installments of $663.24 beginning
October 29, 2000, and continuing thereafter for one hundred
eighty (180) months.
7. Paragraph 7 of the Agreement provides that the
Defendant shall pay 1/12th of the annual amount for real estate
taxes in the amount of $68.38 and 1/12th of the annual amount for
premiums for insurance in the amount of $19.00.
8. On February 19, 2001, the Plaintiff served upon the
Defendant written notice of default requiring the Defendant to
pay all outstanding and delinquent charges resulting from the
Defendant's occupancy of the Premises. At the time of such
2
<""'l"!' , '"', _, ".,
I'
,
.
notice, the Defendant was in default for failing to pay the
monthly installment payment of $663.24 for the months' of January
and February, 2001. A true and correct copy of said written
notice is attached hereto and marked as Exhibit "B."
9. The Defendant has willfully failed to cure his default
under the Agreement and has remained in possession of the
Plaintiff's property after notice of default.
10. The Defendant owes to the Plaintiff the following sums
under the Agreement.
January, 2001
Late Fee (5%)
February, 2001
Late Fee (5%)
March, 2001
Late Fee (5%)
TOTAL DUE
$ 750.62
$ 37.53
$ 750.62
$ 37.53
$ 750.62
$ 37.53
$2,364.45
11. The Defendant, although requested to pay the balance of
$2,364.45 to the Plaintiff, refuses to pay the same or any part
thereof. Said sum is still in arrears and unpaid.
12. Paragraph 26 of the Agreement provides that upon an
event of default, Plaintiffs' may declare the entire principal
balance due and owing with interest thereon immediately due and
payable. The principal balance due and owing at the time of the
default is $59,439.74, plus attorney's fees of ten percent (10%)
of $5,943.97.
WHEREFORE, Plaintiffs demand judgment against the Defendant
in the amount of $67,748.16, plus court costs and interest.
3
, ~
~ ',,,~~ -,
-~~
"'~I -,
~.
COUNT II - COMPLAINT FOR EJECTMENT
15. Plaintiff incorporates Paragraph 1 through 14 as if set
forth at length.
16. Plaintiff has the right of possession of the property
because of the Defendant's failure to timely fulfill its
obligation under the Agreement.
17. Plaintiff avers that the right of possession to the
above-described premises rest with the Plaintiff and not with the
Defendant.
WHEREFORE, Plaintiff seeks possession of the Property and
the ejectment of the Defendant from the Property.
Respectfully submitted,
Fra cis M. Socha, Esquire
orney I.D. No. 29101
2201 North Second Street
Harrisburg, PA 17110
(717) 233-4141
Attorney for Plaintiff
4
^,J", . =,'~ _', , ,,'~"' ."
I'" '"
~ =="'"
'.'
AGREEMENT OF SALE OF REAL ESTATE
THIS INSTALLMENT SALES AGREEMENT, made and entered into this
29TH day of SEPTEMBER, 2000, by and between:
KEVIN V. ANDERSON and CECELIA A. ANDERSON, Mechanicsburg,
Pennsylvania, . (hereinafter "Seller"),
- AND -
WAYNE E. CRAWFORD, of Gardners, Pennsylvania, (hereinafter
"Purchaser")
WITNESSETH:
IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS
.HEREINAFTER CONTAINED ~ND INTENDING TO BE LEGALLY BOUND HEREBY, IT
IS AGREED BY AND BETWEEN SELLER AND PURCHASER AS FOLLOWS:
1. Premises. The Seller agree to sell to the Purchaser, and
the Purchaser agrees to purchase and accept the conveyance of all
those certain lots or parcels of land, having inspected or being
provided with the opportunity to inspect the P~emises, and
accepting the Premises in it current ~as is" condition, situate in
the Township of Middlesex, Cumberland County, known as 3481 Spring
Road, Carlisle, Pennsylvania; as more particularly described and
set forth in Exhibit "A", which is attached hereto and incorporated
herein by reference thereto.
2. Consideration. The Purchaser agree to pay to Seller, as
the full consideration or price of the said premises, the sum of
SIXTY-FIVE THOUSAND DOLLARS ($65,000.00) payable as follows:
"<l:
0;:"0) "-
1.l.Jc::;,;" C":>
-.1VJI-- "-l
0W:;,-
.'::!c::;,::5 C":>
'',[4.. 0
<..-:, Q g:::
c: c- c::;, ct...:
h lij ~
0:' c::;, u_ co.
1.l.J0;:':5
<<>00:' L
OOI.l.J ~
0:' I.l.J ll:> ~_
O:'~
~ !5
A.
The sum of TWO THOUSAND DOLLARS ($2,000.00) in cash
upon the execution of this Agreement, receipt of
which is hereby acknowledged by Seller;
B.
The sum of THREE THOUSAND DOLLARS
cash on or before October 29, 2000;
($3,000.00)
and
in
C.
The balance.of SIXTY THOUSAND DOLLARS ($60,000.00),
together with interest thereon at the rate of TEN
AND ONE-HALF PERCENT (20 ~%), per annum, amortized
over FIFTEEN (25) years and payable in equal
monthly installments of SIX HUNDRED SIXTY-THREE
PLAINTIFF'S
EXHIBIT
A
i
DOLLARS AND 24/100 ($663.24) which said
installments shall be paid to Seller at Seller's
address as listed herein, and which said payments
shall be due on the 29th day of each month with the
first payment being due in October 2000, and
continuing thereafter on the 29th day for one
hundred eighty (180) consecutive months" thereafter,
and to pay the outstanding principal balance then
owing on or before the 30th day of September, 2015.
The failure to pay any of these installments as due
or to pay the then-owing balance in full on or
before the' 30th day of September, 2015, shall be a
substantial default of this agreement and shall
entitle Seller to retain all monies paid pursuant
to this agreement and to exercise all other
remedies set forth herein for default.
Upon payment in full by the Purchaser of the unpaid
principal balance and any interest then due, pursuant to the
foregoing, Seller shall convey the said premises to Purchaser
in fee simple by special warranty deed.
3. Prepavrnent. Purchaser shall have the right to prepay all
or any part of the unpaid principal balance, without penalty for
such prepayment, at any time and from time to time on any regular
installment date due, together with interest on such prepayment to
the date of payment.
4. Payment. The above-stated payments shall be paid to the
Seller at its address, or at such address as it shall provide to
the Purchaser in writing. Purchaser shall pay the Seller a "charge
of FIVE PERCENT (5%) of any monthly installment not received by
Seller within fifteen (15) days after the hereinabove mentioned
monthly payments are due.
5. Possession and Occupancy. Purchaser shall be entitled to
possession and occupancy of the premises upon execution and
delivery of this Agreement and the payment of any monies required
"at the time of, or prior to, settlement. Purchaser thereafter
shall have the right of occupancy.
6. Apportionment of Real Estate Taxes. Rents and Expenses.
All local real estate taxes shall be apportioned on a fiscal year
basis to the date of execution of this Agreement.
2
;:,
~,
1-'";'
.,'
7. Local Real Estate Taxes. Future Water. Sewer and All
Municipal Assessments and Claims. All future real estate taxes,
future water, sewer and all municipal assessments and claims which
may be charged or assessed against the within premises of every
nature and by whatever authority from the date of this Agreement
shall be paid by the Purchaser when and as same shall become due
and payable.
Purchaser shall include in each monthly payment, together with
the principal and interest as set forth herein and any late
charges, a sum for (a) 1/12th of the annual amount for real estate
taxes in the amount of $68.38; and (b) 1/12th of the annual amount
for premiums for insurance in the amount of $19.00, as required
under Paragraphs 9 and 10.
8. Transfer Taxes. At final settlement,
Purchaser shall split equally all applicable
transfer taxes.
Seller and
state and local
9. Casualty Insurance. Purchaser shall, at it's expense,
insure the premises against fire by policy or policies of insurance
with extended coverage in the amount of not less than the unpaid
balance of the purchase price set forth in this Agreement. Such
insurance policy shall be properly endorsed to show the interest of
the Seller. The Seller shall also be permitted to insure the said
premises for its own account if they so desire. The Purchaser
shall, on the date of this Agreement, provide to the Seller a
duplicate policy evidencing such insurance and a proof of payment
of the first annual premium thereon and, thereafter, Purchaser
shall, within thirty (30) days after receipt of the same, pay in
full the annual premium on such insurance and provide proof of such
payment to the Seller. Failure to maintain said policy of
insurance or pay said premium when due shall be considered a
default of this Agreement.
10. Liability Insurance. Purchaser shall, at it's expense,
maintain a policy of public liability insurance in the amount of
.$60,000.00 insuring against death, injury or property damage which
may occur on or about the premises during the term of this
Agreement in amounts acceptable to the Seller. Such insurance
policy shall be properly endorsed to indicate that the Seller are
the co-insureds thereon. Within fifteen (15) days after the date
of this Agreement, the Purchaser shall provide evidence to the
Seller of such insurance coverage and shall provide proof of
payment of the first annual premium thereon and, thereafter, shall
pay when due the annual premium thereon and provide proof of
payment of the same to the Seller. Failure to maintain said policy
3
- -" ..-
~.
/"""' -'~, ~--~'" " ~" - ~"
of insurance or pay said premium when due shall be considered a
default of this Agreement.
11. Legal Title. The premises are being conveyed free and
clear of all liens, encumbrances and easements, excepting the
following:
(a) MORTGAGE: None
(b) Existing building restrictions, ordinances, easements of
roads, privileges or rights of public service companies, if any,
agreements or like matter~ of record, and easements or restrictions
visible upon the ground; otherwise, the title to the de"scribed real
estate shall be good and marketable, such as will be insured by a
licensed title insurance company at regular rates.
Cc) Seller shall not mortgage or otherwise encumber the
premises during the term of this Installment Sales Agreement.
Seller further warrants that they will timely pay, as due, all
payments under the Mortgage. In the event that Seller defaults
under the Mortgage, Buyer reserves the right to make the monthly
payments set forth in Paragraph (B) directly to the Mortgage holder.
"In the event Seller is unable to give a good and marketable title
such as will be insured by a licensed title insurance company
subject to the aforesaid, Purchaser shall have the option of taking
such title as Seller can give, without abatement of price, except
for liens and encumbrances liquidated as to amounts which shall be
satisfied from proceeds due Seller or otherwise paid by Seller or
being repaid all monies paid by Purchaser to Seller on account of
the purchase price. In either event, there shall be no further
liability to each other pursuant to this Agreement.
12. Maintenance and ReDairs. Purchaser agrees that
Purchaser, at Purchaser's own expense, will maintain the premises
in a reasonable state of repair at all times and will not permit
any waste or disrepair to occur. Purchase agrees to make any and
all repairs which, from time to time, become necessary or are
mandated by federal, state, county or municipal law, ordinance or
code in effect now or may become effective in the future.
13. Improvements and Alterations. No major improvements or
alterations shall be made to the premises without prior written
consent of Seller, which consent shall not be withheld
"unreasonably. Purchaser agrees that Seller or Seller's agent shall
have the right, at all reasonable times of the day and upon
reasonable notice under the circumstances, to enter the premises
4
"~""'''''''''''''''~,-
L
I"
r--
__ _-l_
.
for the purpose of inspection to determine whether Purchaser has
complied with the terms hereof.
In the event of Purchaser's default as to the terms of this
Agreement, any and all improvements and additions made to the
subject premises shall be and remain a permanent part of the
premises; they shall not be removed by Purchaser and Purchaser will
not be entitled to any reimbursement therefor. Nevertheless, if
such improvements, alterations or additions were made without the
'written prior approval of Seller, Purchaser will remove the same
within thirty (30) days upon written notice from Seller to do so.
In the event of such notice to remove these items, Purchaser will
repair the surface from which such improvements were removed in
conformity with the surrounding surfaces.
14. Structural Changes. Any and all structural changes to be
made to the premises by the Purchaser must have the same approval,
and meet the same requirements as other improvements and
alterations as above provided. In the event that such structural
changes are to be made, Purchase shall secure a Stipulation Against
Liens for such improvements and shall indemnify Seller from the
imposition of mechanics' claims, mechanics' liens and encumbrances
of any nature which might affect Seller's interest in the subject
premises, except as otherwise may be agreed in writing.
15. Assignment or Sale. This Agreement may not be assigned
by Purchaser without the prior written approval of Seller, nor may
the premises be sold by Purchaser by means of an installment sales
agreement or comparable document without the prior written approval
,of Seller; provided that nothing contained in this paragraph shall
be construed as a prohibition against the sale of the premises by
Purchaser to a third party whereby Seller receive the full
consideration stated hereinabove. In the event of such an
"outright" sale, Seller agrees to execute (at no additional cost to
Seller) all documents reasonably required to effect such a sale and
conveyance.
16. Warranty as to Condition. Use or Occupancy.
A. Seller make no warranties or representations concerning
the condition of the Premises and Purchaser accepts the Premises in
it's "as is" condition. Specifically. Purchaser acknowledges
existing defects in the septic and water system of the Premises.
releases and discharges Seller from all responsibility. claims. or
damages for such defects. and specifically assumes sole
responsibilitv for all costs and ex~enses needed to correct and
repair the defects to the water and septic system.
,
5
"~~F~rr
-, .""'".
,
-1.-"
. l '
~
1/1'
B. Seller warrants that present use of the premises are in
conformity with federal, state and local laws relative to zoning,
building and other laws, ordinances or codes. Seller makes no
warranty or representation as to the conformity of any future use
or occupancy of the subject premises insofar as federal, state or
local laws are concerned relative to zoning, building or other
laws, ordinances or codes. In the event that Purchaser wishes to
obtain approval of a change of use or occupancy, Seller agrees to
cooperate to any reasonable degree in such application or request,
providing all costs associated therewith shall be borne by
Purchaser. Purchaser warrants that it shall abide by all federal,
state and local laws relative to the use of the premises and shall
commit no violation of health code regulations, zoning regulations
or any other law or ordinances in effect with respect to the use
,and occupancy of the premises.
17. Condemnation. In the event of condemnation of the
subj ect premises or any portion thereof by any governmental agency,
public authority or utility prior to the payment of all the within
obligations from Purchaser to Seller, the payment of damages for
the "taking" shall be divided between the Purchaser and the Seller
"as their respective interests then may appear".
18. Default. Any failure of the Purchaser to make payment of
any monthly payment required by this Agreement to be'paid to the
Seller within thirty (30) days after the due date for such payment,
or the performance of any act forbidden by this Agreement, or the
failure to perform any act required by this Agreement shall
constitute a default. If after written notice and failure to cure
within fifteen (15) days of receipt of such notice Seller shall, in
addition to having the right to exercise the rights and remedies
set forth in paragraph 26 hereafter, retain any and all monies
received under the provisions of this Agreement (whether on account
of the purchase money or otherwise) as compensation for Purchaser's
use and occupancy of the premises and as additional liquidated
,damages for breach of this Agreement.
19. A1;'plicable Law. In the event of any disagreement or
misunderstanding, the terms of this Agreement shall be construed
pursuant to the laws of the Commonwealth of Pennsylvania in effect
at the time of the execution hereof and as they may be amended
subsequently.
6
fr- ,~ _ ~.""' ."r
"'" .'1,..
.
I, I
~~
20. Entire Aareement. This document contains the entire
agreement between Purchaser and Seller; there are no
representations, warranties, covenants, terms or conditions, except
as specifically set forth herein.
21. Time of the Essence. Time shall be of the essence of
this Agreement and all of its conditions or modifications.
22. Waiver. The failure of either party to insist upon
strict enforcement of any provision of this Agreement shall not
constitute a waiver of the right to enforcement of that provision
or of any other provision..
23. Modification. No modification of this Agreement shall be
binding unless same shall be in writing and duly approved by Seller
and Purchaser.
24. DescriDtive Headings. The descriptive headings used
herein are for convenience only and they are not intended to
indicate all of the matter in the sections which follow them.
Accordingly, they have no effect whatsoever in determining the
rights or obligations of the parties.
25. Gender and Number. The neuter gender where used herein
shall be deemed to be masculine or feminine, and .the singular
number where used herein shall be deemed to be plural, wherever the
sense of the instrument so requires; further, the masculine .or
feminine gender where used herein shall be deemed to be neuter, and
the plural number where used herein shall be deemed to be singular,
whenever the sense of the ins.trument so requires.
26. Confession of Judgment. In the event of a. default, as
hereinbefore described in paragraph 18 hereof, the Seller shall
have the right to declare the entire unpaid principal balance of
this Agreement, together with any interest then appearing due, to
be due and payable forthwith, anything hereinbefore contained to
the contrary notwithstanding. In such case of default, Purchaser
hereby authorizes and empowers any attorney of any court of record
in the Commonwealth of Pennsylvania or elsewhere to appear for the
Purchaser and confess a judgment for the entire principal sum and
interest remaining unpaid thereon, with ten percent (10%)
attorney's commissions or fees, hereby waiving the right of
.exemption and inquisition so far as the land herein described and
any property or building thereof may be concerned. In addition
thereto, the Seller, at Seller' option, among other remedies
available to Seller, may proceed by action of ejectment or quiet
title after default made as aforesaid for the recovery of said
7
;~
'I'}.
,-'-'c- J
~I
premises and reversion of the equitable title thereto; in which
case, Purchaser hereby authorizes and empowers any attorney of any
court of record in the Commonwealth of Pennsylvania or elsewhere to
appear for the Purchaser and confess judgment of ejectment or quiet
title and authorize the immediate issuance of a writ of possession
for the premises or for reversion of the equitable title thereto,
and for a writ of execution for the costs of .such proceedings,
together with ten percent (10%) attorney's commissions or fees,
waiving all stay and exemption laws.
27. Reversion of Equitable Title. Upon default of the
Purchaser as hereinbefore described, any equitable title to the
aforesaid premises, which the Purchaser may have acquired by virtue
of the provisions of this Agreement, shall absolutely liquidate,
forfeit and revert to the Seller.
28. Notices.
shall be as follows:
All written notices as herein provided for
IF TO SELLER:
Kevin V. Anderson
P.O. Box 474
Dillsburg, PA 17019
with a copy to:
Francis M. Socha, Esquire
2201 North Second Street
Harrisburg, PA 17110
IF TO PURCHASER:
Wayne E. Crawford
3481 Spring Road
Carlisle, PA 17013
with a copy to:
8
'ilwr 1l
,..-~,.~
I-T
--~--~--- ---'--'~--- --~,
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals the day and year first above written, intending to
be legally bound hereby.
WITNESS:
WITNESS:
------'
/. lj'/I~
CL-~ /p~ ~
; jf~_;;l'_W"Y
"
1._'
~
KEVIN V. ANDERSON
~~a~~
CECELIA A. ANDERSON
(SEAL)
(SEAL)
" SELLER"
JJ~ ~~~EALI
YNE . CRA f'ORD
" PURCHASER"
9
, ,
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS. :
COUNTY OF DAUPHIN
On this, the ~day of ~~~ , 2000, before
me, the undersigned officer, perso~ared, KEVIN V. ANDERSON
and CECELIA A. ANDERSON, known to me (or satisfactorily proven), to
be the person whose names. are subscribed to the within instrument,
and acknowledged that they executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal.
NotARIAL .SEAL
N , ry public
. C"'RIE E COOK, 0 a
...... hln county
Harrisburg, Daup NJ 8 2002
MY commIssion expIres g. ,
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS. :
COUNTY OF DAUPHIN
On this, .the~ay of ( '~+:-IY'\~-, , ~ooo, before
me, the undersigned officer, ~~I~ appeared, WAYNE E.
CRAWFORD, known to me (or satisfactorily proven), to be the person
whose name is subscribed to the within instrument, and acknowledged
that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal.
NOTARIAL SEAL
CARRIE E. COOK. Notary Public
Hcrrlsburg, Dauphin County
My Commission Expires Aug. 8, 2002
(6f\v
Notary Public
10
;"I~~c ''''''
"i,""",'" <
~"'I"'"!,
.
" .~ "
.,.". ~
ALL THOSE TWO CERTAIN tracts of land with the improvements thereon
erected situate in Middlesex Township, Cumberland County,
Pennsylvania, bounded and described as follows:
TRACT NO.1:
BEGINNING at.a point, the intersection of the center lines of the
.highway leading from Carlisle to New Bloomfield (Route No. 34),
and the public highway leading from Carlisle Springs to Enola
(Route No. 944); thence by the center line of Route No. 34 South
38 degrees 16 minutes west, 142 feet, more or less, to a point in
line of land now or formerly of Marshall E. Hurley; thence by said
last named and the following courses and distances; South 30
degrees 9 minutes East, 21.5 feet to Eastern line of said Route
No. 34; thence North 38 degrees 16 minutes East, 16 feet to a
point marked by a pole in Eastern line of said highway; thence
South 6 degrees 42 minutes West, 25 feet to a point ma~ked by
post; thence South 30 degrees 9.minutes East, 39 feet to a point
marked by iron pin; thence North 41 degrees 3 minutes East, 17
feet to a point marked by a point; thence by line of an existing
fence, South 48 degrees 29 minutes East, 22.1 feet to a point
marked by a fence and line of land of Peter Schuchman; thence by
the last named lands the following courses and distances; North 36
degrees 36 minutes East by a fence line, 43 degrees to a post;
thence continuing by said fence line, North 50 degrees 25 minutes
West, 12.7 feet to a post; thence still by said fence line, North
39 degrees 2 minutes East, 17 feet; thence North 23 degrees 4
.minutes West; 6.5 feet; thence North 30. degrees 28 minutes East
19.7 feet to a post; thence North 8 degrees 32 minutes East, 10.1
feet to a point; thence North 24 degrees 45 minutes East, 39.5
feet to the end of an existing stone wall; thence by the line of
said stone wall, North 26 degrees 17 minutes East, 55 feet, more
or less, to point in the center line of said road (Route No. 944);
thence by the center line of said highway, North 84 degrees 52
minutes West, 53.5 feet, more or less, to the Place of BEGINNING.
CONTAINING 43.5 perches, more or less, according to a survey made
by Clark Bryan in January, 1948.
TRACT NO.2:
BEGINNING at a pin at corner of lands now or formerly of William
W. Bickel, et ux, and Tract No. 1 herein, which pin is 40 feet,
more or less, measured in a Southerly direction along lands now or
formerly of William W. Bickel, et ux, from the Southern line of
the public road; thence in an Easterly direction by other lands
now or formerly of William W. Bickel, et ux, a distance of 22 feet
to a stake; thence by the same in a Southerly direction and at
right angles to the above-mentioned course, a distance of 129
feet, more or less, to a stake; thence by lands of Tract No. 1
herein, in a Northwesterly direction, a distance of 131 feet, more
or less, to a pin, the place of BEGINNING.
';;'," ,
,,~. "P .
~I'
. .
~AR-05~2001 13:28
JACKGAUGHEN DILLSBURG
717.432 2368 P.02/02
KEVIN ANDERSON PROPERTIES
.. . -
. P.O. Box 474
DilIsburg, PA 17019
February 19,2001
Wayne Crawford
3481 Spring Road
Carlisle, PA 17013
Dear Wayne:
As of today we have not received your mortgage payment for January or
February, and March will be due shortly. As per your agreement, it is due to us
the 1'" of each month.
I was willing to allow you to work off some of the payments due by doing some
work for me, but I have tried to reach you many times and cannot reach you with
the number you gave me.
As this point, I do not see any alternative but to proceed with foreclosure. I have
instructed my attorney to proceed with this action.
Sincerely,
Kevin Anderson
PLAINTIFF'S
EXHIBIT
13
I
TOTAL p.<aa
KEVIN V. ANDERSON and
CECELIA A. ANDERSON, his wife,:
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
v.
NO. 01- (5"1~
WAYNE E. CRAWFORD,
Defendant
CIVIL ACTION - LAW
CONFESSION OF JUDGMENT FOR EJECTMENT
TO THE PROTHONOTARY OF SAID COURT:
Pursuant to the authority contained in the warrant of
attorney, the original or copy of which is attached to the
complaint filed in this action, I, Francis M. Socha, Esquire,
appear for the Defendant and confess judgment in ejectment in
favor of the Plaintiff and against the Defendant for possession
of the property known as 3481 Spring Road, Carlisle, Cumberland
County, Pennsylvania.
Respectfully submitted,
Fr cis M. Socha, Esquire
torney I.D. No. 29101
2201 North Second Street
Harrisburg, PA 17110
(717) 233-4141
:-:;0,1 _~m
-'"
, 1
-\1,1
,i
;f!
~ 0
~ ".
>l.e'''''''>"' '_'_O~I__"
", '.~""_"_.0-6_"~' ., '-'<",>" -~'^' A' ,"""l-"'l:' -", om,,;" ''';-''-'?':Iii~;;r,cl1'''~'''i;:;--.?'';;:-'~' i:f'" ""'l~''''' """'"'J ']I:C"'tt:---'f: .", '''-7)
;;f.:,
"'l
00
a
~
~L~
l-<_.
'l!m_,
~~~~~~""'iO
~"_",~@iiJl~lt":,>Wi'~'i~,"_~i""'1!,,*"Fd'-rl~',*l"'l!"l'f,-*,*iJ!~,Il~.!l~F~1'::'-@if@,\f",,'i'Hl!;jffl~Jl!lIij\i'rym!9,'l-'W~j:
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-01592 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ANDERSON KEVIN V ET AL
VS
CRAWFORD WAYNE E
WILLIAM DIEHL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within CONFESSION OF JUDGEMENT
was served upon
CRAWFORD WAYNE E
the
DEFENDANT
, at 0008:52 HOURS, on the 23rd day of March
, 2001
at 3481 SPRING ROAD
CARLISLE, PA 17013
by handing to
WAYNE E. CRAWFORD
a true and attested copy of CONFESSION OF JUDGEMENT
together with
FOR EJECTMENT & COMPLAINT
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Aff idavit
Surcharge
18.00
3.10
.00
10.00
.00
31.10
So A..ns:~.~ s/: . . /../..
..."...~/~~'
~ ~ ~ j
R. Thomas Kline
03/23/2001
FRANCIS M. SOCHA
me this ).qle-
day of
*;i
Sworn and Subscribed to before
By:
f1.1..lU.J.-- /bo fA. D .
q1'~() ~ ~
. rothonotary ,
'~_:?r1 !
...,,"
I _or
I',
1--
-
KEVIN V. ANDERSON and
CECELIA A. ANDERSON, his wife,:
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
v.
NO. 01-1592
WAYNE E. CRAWFORD,
Defendant
CIVIL ACTION - LAW
TO THE PROTHONOTARY:
PRAECIPE FOR WRIT OF POSSESSION
Please issue a Writ of Possession in favor of the Plaintiff
and against the Defendant in the above-captioned action for the
property located at 3481 Spring Road, Carlisle, Middlesex
Township, Cumberland County, Pennsylvania.
Respectfully submitted,
~ /t1~
ncis M. Socha, Esquire
2201 North Second Street
Harrisburg, PA 17110
(717) 233-4141
Attorney for Plaintiffs
Date:
May 2, 2001
'''i'lIl<_
c
I";
.,
.
.
~-~ , .,-' . .,~~ . ~ - ~- -'." '- ,- "'" -~ -". ."~,-.. '"'''''' '~/-'-"< ""ft_,-"'<~-""_._-_-'_{"d,"""y "..:p'-'-""'.I.,,," !~~:~'r"-^"~'''"'''-.] ]11']] "Jl.:f"1itt~-~~';_Xf:Fl'i(
p ~ "-l (") 0 ()
~ C
~ 6"- ",. "
lQ "- CJ,J '"U(~ 3:
..() :-0 -< .~ mr~j ':l:;:u. "
...... ..... z.... -< i,_u
........ ~ \' (\ ~ B ze" I - ,...-.-,
"- 0 ...... w",> '-') '~cj
C' 0 0 -<~.
..... r::(:;; " ~~'~ ~.~~
0 ~ 0- ;< ~J :::''P
I I ~E:~ _5J~
\) --. ~ rfJ ~,~)
(v [;J >c 5 (5fT1
, Z '--I
, , r- -j )>
, ::J:J
, ., -, <" -<
, .~~
~ ... ,
.1Y
~s~
"l-~~ ~
~ !<'t'llI~p
Vl[ ._ ~>fflE'$'1""'''''~i%1!'jH!~~l/M$~~JliIm'''-1'iI'''_~~.-wI~"'";.;o'''_';~''''''t>_'}'!\''"_'I.,_';l~,'-,~,y ''''!"~'NI'Pi'''r~~~,W!"l'l''.w.l'f,,,,ql~nF_'''~'~_''l,A'Y'f,>''''j'l!l''tl\i~\!"'l~~'111!11!l'%,'~1!1'ffiIP,!'f""R:'
;I> iZl :p '1:l ;I> Z Z
;:r :ii ~ ("')-
0- '" 0 'C. 0 0
0- .... ~ OZ
.... ~ ;:r ~ <:<:
'" <:<: '" OW;;: f?~ :::..,
~
'" III ""Ill
'" ~ OO~ (l <: ==
>-,H ro ". l"'ll"'l
". ro >-'0 lI:l("')
~ ~:E UlOO ". I
&~;I> ~ >-,'0 1:<:1 III .q t"'0 >-'
;:r ?:lll:l ro ~ . ;1>0 U1
'" ~o~ - ". :"5' '<l
.... til--:'O 0 ::; 0 ZlI:l
'" ("')- N
". .... (l . .., !i'ilcO ~ 0..,
't:l UlZ::> ". 5'!t 0
.g tT 0 '" Ul ~O H@~ ("')0 ".
C~'< !t~ <:
'" ~rt...., :;;: n ..-"'l -.J . 0 O"'l ".
....
'" cO ::;' 0 . ...."tI oo,~ ~ 0 0("') >-'
- .... 0 "'0 H 0, <: Ul ::;
a 'dfi'::!:! 00 '" w !" gill ~O
0 ~ roo
~ '"
:>0 (l !:'. (l "-00 - 0 ~:::
cr- . 0 ::> &' ....l"'l ::;,0,
'" 1-:'::1-- "'00 "tI:::
-.J 0, _. lJIoo ".
'" f-:' ~ Ul l"'l0
'" I-:' (11 ,-" l"'l- Zz
.... ort'" ..,0 :;:
<: Z"tI g'~
'" ~~ ("lZ ".
0- ro '" '" '" '" ,.." oot'"
ro ~ ro -<l"'l a { .
rt I
H ~;I>
0 >00
0 ZO
-"'l
;I> . ~..
..,
,,n,~
By virtue of this writ, on the 26th day of July 2001
I caused the within named Kevin V. Anderson and Cecelia A. Anderson , to
have possession of the premises described willnhexap1pIl~U~IKll'l~a~ at 3481 Spring Rd. ,
Carlisle, Cumberland County, PI'. 17013. THIS WRIT IS RETURNED STAYED.
Sheriff's Costs:
Docketing
I'ouAda~c
Prothonotary
Service
POGGcGGion
Surcharge
$18.00
1. 33
1. 00
7.62
30,00
10.00
$67.95
Advance Costs:
Sheriff's Costs:
$150.00
67.95
0;; 6? O'i
Refund to atty on 7/30/01
Sworn and subscribed to before me this J/~
day of -y. 4 ' .zt,.c)/
qy. a 'lH,4J~.J #
Prothonotary I
?~~-t:~
.S S~er}ty
By L70 ~( ~_~
Deputy \.. u-J
lh.. 33sc,2'
fh. //'17'70
,,~
-,," .-.,'-~' ~--~-I""'- ,,-,'.' .''d'.____._ ~~,,,~-'w,"'-<",',,',,, C"""~_~~~""~""~' "mlilf.Jiim"illH:--1
IUllI.ml
_K:
WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.)
Kevin V. Anderson and
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 01-1592 Civil Term
No. Term
Costs
Att'y. $
Pl'ff (s) $
Prothy. $
Cecelia A. Anderson, his wife
Wayne E. Crawford
3481 Spring Road
Carlisle, PA 17013
69.60
1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of
Cumberland
County, Pennsylvania
(1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to: .
Kevin V. Anderson and Cecelia A. Anderson, his wife
Plaintiff (s)
being: (Premises as follows):
3481 Spring Road
Carlisle, PA 17013
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell histher (or their) interesttherein.
(SEAL)
Curtis R. Long
Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania
2 /pCT)/1/Cr(,)
Deputy
~~p
~
Dale
May 3, 2001
~.
~,: ,"'<
~-
_ __Il!J!!IlIIJ!PIIIJIiIl!~'.,~ _ , \""JI'l!l!$l~:!t~1;[1\I-_,~~t>fR)"(;jJW")i0,,)1i'!i1l'~Ill'fRiV,fJ.!l\Y.~R-'!i"~!lQWo1'~~Th'l!~~~.,- " ~