HomeMy WebLinkAbout01-2511 FX
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BROADUS ALLEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLVANIA
v.
CIVIL ACTION - LAW
WILLIAM Eo MARTIN,
DEBRA MARTIN,
Defendants
NO.2001-dS/J
:CONFESSION OF JUDGMENT-EJECTMENT
CIVIL TERM
COMPLAINT FOR CONFESSION OF JUDGMENT IN EJECTMENT
AND NOW, comes, Broadus Allen, Plaintiff, by and through his attorney,
Jacqueline M. Verney, Esquire and files this Complaint pursuant to PaRC.Po No.
2971 (a) for judgment in ejectment by confession and in support thereof avers the
following:
1. The Plaintiff is Broadus Allen, an adult individual, whose address is P.O.
Box 775, New Kingstown, PA 17072.
2. The Defendants are William Eo Martin and Debra Martin, adult
individuals, husband and wife, whose address is 107 Big Spring A venue, Newville, P A
17241.
3. The Plaintiff and Defendants entered into an Installment Sales Agreement
on February 22, 2000, a copy of which is attached hereto and made a part hereof as
Exhibit "A." Said Agreement provides for the defendants to occupy the premises at 107
Big Spring Avenue, Newville, Pennsylvania in exchange for monthly payments in the
amount of $1 036.00. The Agreement further provides for the filing of a Confession of
Judgment in Ejectment in the event of default.
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4. This Confession of Judgment in ejectment is not being entered against a
natural person in connection with a residential lease.
5. The description ofthe property is as follows:
All that certain tract ofland in the Borough of Newville, Cumberland
County, Pennsylvania, situated on the West side of Railroad Street (now
Big Spring Avenue) and designated in former titles as Lot No.5 on the
West Side of Depot Street in Plan of additional building lots laid out by
Peter A. Ahl, bounded and described as follows: Beginning at a comer of
Lot No.6, now or formerly of James D. Gutshall, on said Railroad Street
thence by said Lot No.6, North Rose Alley; thence along said Alley,
South sixteen and three-fourths (16 %) degrees West, 36 feet to comer of
lot now or formerly of Irene D. Piper; thence by the same, South seventy-
three and one-fourth (73 Y.) degrees East, 180 feet to Railroad Street;
thence along said Street, North sixteen and three-fourths (16 %) degrees
East, 36 feet to the place of Beginning.
6. The instrument has not been assigned.
7. Judgment in ejectment has not been entered on this written instrument in
any other jurisdiction.
8. Defendants are in default of the instrument in that they have failed to
make the required monthly payments in the amount of $1 ,036.00, and are in arrears in the
amount of $6,465.80.
9. Defendants are also liable for attorney's fees in the amount of 5% ofthe
unpaid balance. Plaintiff seeks reimbursement of attorney's fees in the amount of
$1000.00.
10. Defendants have failed to make the payments as set forth in Exhibit "B"
attached hereto and made a part hereof.
11. Plaintiff is entitled to possession of the premises described in Exhibit "A".
12. Plaintiff demands confession of judgment in ejectment against
Defendants.
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WHEREFORE, Plaintiff prays that a confession of judgment in ejectment be
entered against Defendants.
Respectful! y submitted,
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cq line M. Verney, Esquire #2 67
44 South Hanover Street
Carlisle, P A 17013
(717) 243-9190
Attorney for Plaintiff
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INSTALLMENT SALES AGREEMENT
ENTERED INTO, This";l~ day of
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,,2000.
BETWEEN BROADUS ALLEN, single man, of Baltimore, Maryland, hereinafter
known as SelIer,
AND
WILLIAM E. MAtRTIN and DEBRA MARTIN, husband and wife of New
Kingstown, Cumberland County, Pennsylvania, hereinafter known as Purchaser,
WITNESSETH: That the said SelIer, in consideration of the terms and conditions
hereinafter mentioned and contained, agrees to grant and convey unto the said Purchaser,
their heirs and assigns,
ALL THAT CERTAIN tract or parcel of land situate in the Borough of Newville,
County of Cumberland, Commonwealth of Pennsylvania, known and numbered as 107
Big Spring Avenue, Newville, Cumberland County, Pennsylvania
IN CONSIDERATION WHEREOF, the said Purchaser agrees to pay to the said Seller
therefor, the sum of Ninety-three Thousand ($93,000.00) Dollars, as follows:
(I) $4,650.00 at or before closing.
(2) the balance of $88,350.00 in monthly installments of $ 783.51 Dollars, said monthly
installments to be applied first to interest at the rate ofTEN and One hundred twenty-
five hundredths (10.125%) per cent per annun on the unpaid balance of principal,
based on a thirty year mortgage, said monthly installment to be paid on or before the
151 day of each month, beginning March 25, 2000 and thereafter on or before the 151
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 February 25, 2002, anything herein contained to the contrary
notwithstanding. Purchaser further agrees to pay the full principal and interest then
owing in the event that the present mortgage is called by the mortgage company.
Payments more than 15 days late shall be subject to and shall accrue a late charge of
five percent (5%) of the monthly payment set forth above.
In addition to the said monthly installments on account of purchase price and interest
thereon, the said Purchaser agrees to pay to Seller the amount of $ 254.49 monthly
representing 1/12 of all property taxes, homeowners insurance, and property management
fee presently assessed and escrowed by SellqJfor a total monthly payment of$ 1 036.00).
Seller agrees to pay all taxes levied against the property and provide paid receipts to
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Purchaser within five days of receipt of same by Seller. Purchaser further agrees to pay
all municipal assessments, utility charges, make all necessary repairs to the premises.
The Purchaser shall have the privilege of pre paying the amount of the loan 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
balance.
All payments shall be made to the Seller at whatever address is designated in writing,
and until further notice to Karen Coon, 398 East High Street, Carlisle, Pennsylvania
17013.
It is also agreed between the parties hereto that possession of the said premises shall
be delivered to the said Purchaser on February 22, 2000, and that said Purchaser shall be
entitled to receive rents, issues, and profits from said date of delivery of possession,
subject to the conditions herein set forth.
The Purchaser 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 Seller.
Taxes for prior years have been paid. Taxes for the current year shall be pro-rated
between the parties. When legal title is taken by the Purchaser, Purchaser shall pay the
entire State and Local Realty Transfer Taxes then in effect. Purchaser further agrees to
pay all closing costs attributable to Seller upon the transfer oflegal title.
Seller agrees that the title to said property shall be maintained free and clear of any
encumbrances except for the existing mortgages, throughout the term of this agreement.
In the event that Seller default in making any payments which may be required in
connection with any such mortgage or other encumbrance, the Purchaser shall have the
privilege of applying any sums payable pursuant to this agreement to such encumbrance
holder.
Seller agrees that so long as the present agreement is in force and Purchaser is not in
default of any provisions hereof, Seller will not sell, transfer or assign the property.
Upon compliance with the foregoing terms and conditions and payment of the said
purchase price in full by the Purchaser, 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.
If this property is conveyed to a third party at the request of the Purchaser, then all
realty transfer taxes on such conveyance shall be paid by such third party and the
Purchaser as they may agree, and none shall be paid by the Seller. If Purchaser decides
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to transfer said property, Purchaser agrees to list said property with Karen Coon of
Century 21 Associates, Coon & Co. at 6% commission.
In the event the said Purchaser 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 Purchaser, then and in
such case the Seller shall give Purchaser written notice of such default and Purchaser
shall have ten (10) days to cure said default. If the default is not cured within the ten (10)
day period, then, at the option of the Seller, this Agreement shall become null and void
and the said Purchaser shall forfeit 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 Purchaser. Purchaser shall thereupon forfeit any and all rights and
vacate the property immediately.
If default shall be made in the payment of any monthly payment for a period of thirty
(30) days and the ten (10) day grace period then and in such case, the unpaid monthly
amount shall become due and payable at once and may be collected by suit or otherwise,
and the Prothonotary or any attomey of any court or record of Pennsylvania or elsewhere
is hereby authorized and empowered to appear for and confess judgment against said
Purchaser and in favor of the Seller for the unpaid monthly amounts that are in arrears,
together with interest, costs of suit, release of errors, attorney's commission of five
percent and waiving inquisitions and exemptions.
Upon breach of any of the covenants or conditions of the Agreement, or upon its
voluntary termination or termination by forfeiture, the Prothonotary or any attomey 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 Purchaser and in favor of
the said Seller 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 5% of the unpaid principal balance added as
reasonable attorney's fee.
Acceptance by the Seller 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 Seller, or any of the penalties, forfeitures, damages or conditions
herein contained, shall not in any way 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 Seller, and all forfeitures,
penalties, damages and conditions may be enforced together or successively at the option
of the Seller.
No modification of this Agreement shall be binding upon the Seller, unless the
same shall be in writing and duly approved by the Seller.
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The interest of the Purchaser in this Agreement shall not be assignable, in whole
or in part, without the prior written consent and approval of the Seller, and if such
assignment is attempted, all rights and remedies of the Seller set forth herein or which the
Seller may otherwise have, shall immediately accrue to the Seller. Transfer of title by
Will, survivorship, or by descent shall not be regarded as ari assignment requiring the
consent and approval ofth.e Seller.
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, by
their signature, the day and year first above written.
WITNESS: . /
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Commonwealth of Pennsylvania
County of Cumberland
ss
On this the day of , 2000, before me, the undersigned
officer, personally appeared Broadus Allen, and William E. Martin and Debra Martin,
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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Payment Due Date: Arnountdue Arnt. pd. Late fee Balance due
3/25100 $1036.00 $1036.00 0 0
4/25/00 1036.00 800.00 $ 236.00
5/25100 1036.00 $1,272.00
460.00 (6/4/00) 812.00
256.00 (6/12/00) 556.00
262.00 (6/19/00) 294.00
51.80 345.80
100.00 (6/27/00) 245.80
6/25100 1036.00 1,281.80
200.00 (7/3/00) 1,081.80
260.00 (7/10/00) 821.80
260.00 (7/17/00) 561.80
51.80 613.60
80.00 (7/24/00) 533.60
7/25100 1036.00 1,569.60
309.00 (8/8/00) 1,260.60
51.80 1,312.40
8/25100 1036.00 2,348.40
850.00 (9/1/00) 1,498.40
51.80 1,550.20
9/25100 1036.00 2,586.20
750.00 (10/3/00) 1,836.20
51.80 1,888.00
10/25100 1036.00 2,924.00
750.00 (11/8/00) 2,174.00
51.80 2,225.80
11/25100 1036.00 3,286.80
51.80 3,338.60
12/25100 1036.00 4,374.60
1,500.00 (1/16/01) 2,874.60
1/2510 I 1036.00 3,910.60
51.80 3,962.40
2/25/01 1036.00 4,998.40
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760.00 (2/26/01) 4,238.40
51.80 4,290.20
3/25/01 1036.00 5,326.20
51.80 5,378.00
4/25/01 1036.00 6,414.00
51.80 6,465.80
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VERIFICATION
I verify that the statements made in the within Pleading are true and correct to the
best of my information and belief. I 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: L/ /3 0/01
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BROADUS ALLEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
WILLIAM E. MARTIN,
DEBRA MARTIN,
Defendants
: NO. 2001- ,) c,-I/
CIVIL TERM
:CONFESSION OF JUDGMENT-EJECTMENT
CONFESSION OF JUDGMENT IN EJECTMENT
Pursuant to the authority contained in the warrant of attorney, the original
or a copy of which is attached to the complaint filed in this action, I appear for the
defendants and confess judgment in ejectment in favor of the plaintiff and against the
defendants for possession of the real property described as follows:
All that certain tract ofland in the Borough of Newville, Cumberland
County, Peunsylvania, situated on the West side of Railroad Street (now
Big Spring Avenue) and designated in former titles as Lot No.5 on the
West Side of Depot Street in Plan of additional building lots laid out by
Peter A. Ahl, bounded and described as follows:
Beginning at a comer of Lot No.6, now or formerly of James D. Gutshall,
on said Railroad Street thence by said Lot No.6, North Rose Alley; thence
along said Alley, South sixteen and three-fourths (16 %) degrees West, 36
feet to comer of lot now or formerly of Irene D. Piper; thence by the same,
South seventy-three and one-fourth (73 v.) degrees East, 180 feet to
Railroad Street; thence along said Street, North sixteen and three-fourths
(16 %) degrees East, 36 feet to the place ofBegiuning.
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. ac e1ine M. Verney, Esquire # 167
44 South Hanover Street
Carlisle, P A 17013
(717) 243-9190
Judgment entered as above this 30 ~ day of ~ ,2001
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CASE NO: 2001-02511 P
SHERIFF'S RETURN - REGULAR
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLEN BROADUS
VS
MARTIN WILLIAM E ET AL
RICHARD E. SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within JUDGMENT IN EJECTMENT
was served upon
MARTIN WILLIAM E
the
DEFENDANT
, at 1718:00 HOURS, on the 4th day of May
, 2001
at 107 BIG SPRING AVE
NEWVILLE, PA 17241
by handing to
RYAN WELLS SON
a true and attested copy of JUDGMENT IN EJECTMENT
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
7.44
.00
10.00
.00
35.44
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R. Thomas Kline
05/07/2001
JACQUELINE
Sworn and Subscribed to before By:
me this .< 3M#.
day of
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SHERIFF'S RETURN - REGULAR
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CASE NO: 2001-02511 P
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLEN BROADUS
VS
MARTIN WILLIAM E ET AL
RICHARD E. SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within JUDGMENT IN EJECTMENT
was served upon
MARTIN DEBRA
the
DEFENDANT
, at 1718:00 HOURS, on the 4th day of May
, 2001
at 107 BIG SPRING AVE
NEWVILLE, PA 17241
by handing to
RYAN WELLS, SON
a true and attested copy of JUDGMENT IN EJECTMENT
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
R. Thomas
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Kline
05/07/2001
JACQUELINE
Sworn and Subscribed to before By:
me this ~8~ day of
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BROADUS ALLEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
WILLIAM E. MARTIN,
DEBRA MARTIN,
Defendants
: NO. 2001- ;{ 5' J
CIVIL TERM
:CONFESSION OF JUDGMENT-EJECTMENT
NOTICE UNDER RULE 2973.2 OF JUDGMENT AND EXECUTION
NOTICE OF DEFENDANTS' RIGHTS
To: William E. Martin and Debra Martin. Defendants
A judgment for possession of real property has been entered against you and in
favor of the plaintiff without prior notice and hearing based on a confession of judgment
contained in a promissory note or other document allegedly executed by you. The sheriff
may remove you from the property at any time after thirty day after the date on which
this notice is served on you.
You may have legal rights to defeat the judgment or to prevent your being
removed from the property.
ANY PETITION SEEKING RELIEF FROM THE JUDGMENT MUST BE
FILED WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE
IS SERVED ON YOU OR YOU MAY LOSE YOR RIGHTS.
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 East Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
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ac elineM.Verney,Esquire 3167
44 South Hanover Street
Carlisle, P A 17013
(717) 243-9190
Attorney for Plaintiff
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WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Broadus Allen
No.
2001-2511 Civil
Term
No.
Term
vs.
Costs
William E. Martin
Att'y. paid
$ 80.94
Debra Martin
Pl'ff (s)
$
$ 1. 00
Prothy. Due
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of
Cumberland
County, Pennsylvania
(I) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
Plaintiff (s)
being: (Premises as follows):
see property description
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell hislher (or their) interest therein.
Curtis R. Long
Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania
Date
7ypfi' .:1.. ?n01
By:
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(SEAL)
Deputy
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By virtue of this writ, on the day of
I caused the within named , to
have possession of the premises described with the appurtenances, and
So Answers,
Sworn and subscribed to before me this
day of
Sheriff
By
Prothonotary
Deputy
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WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.)
Broadus Allen
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.
2001-2511 Civil
Term
No.
Term
vs.
Costs
William E. Martin
Att'y. paid
$ 80.94
Debra Martin
PI'ff (s)
$
$ 1. 00
Pro thy. Due
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of
Cumberland
County, Pennsylvania
(I) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
Plaintiff (s)
being: (Premises as follows):
see property description
TRUE COpy FRC^'j nECORD
In Testimony whereof, I h:r8 unto set my hand
and the seal of said Court at Carlisle, Pa.
This %/1..... day Of~...., c?::!:?!
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Prothonota
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell hisfher (or their) interest therein.
Curtis R. Long
Prothonotary, Common Pleas Court of Cumberland County. Pennsylvania
Date
J'm" 4. 201\1
By:
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(SEAL)
Deputy
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WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Broadus Allen
No.
2001-2511 Civil
Term
No.
Term
vs.
Costs
William E. Martin
Att'y. paid
$ 80.94
Debra Martin
Pl'ff (s)
$
$ 1. 00
Pro thy. Pue
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of
Cumberland
County, Pennsylvania
(I) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
Plaintiff (s)
being: (Premises as follows):
see property description
TRU~ COpy Ff:OM r.ECORD
In Testimony whcr:or, i here unto set my hand
and the seal of said Court at Carlisle, Pa.
ThisHL/HHH day of /'bPHfi ..,,~ /
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ProthonotiJl)'
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell hislher (or their) interest therein.
Curtis R. Long
ProthonotaIy, Common Pleas Court of Cumberland County, Pennsylvania
Date
1"'}';J~ .d. ?(Hll
By:
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(SEAL)
Deputy
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Property Description
All that certain tract ofland in the Borough of Newville, Cumberland
County, Pennsylvania, situated on the West side of Railroad Street (now
Big Spring Avenue) and designated in former titles as Lot No.5 on the
West Side of Depot Street in Plan of additional building lots laid out by
Peter A. Ahl, bounded and described as follows:
Beginning at a comer of Lot No.6, now or formerly of James D. Gutshall,
on said Railroad Street thence by said Lot No.6, North Rose Alley; thence
along said Alley, South sixteen and three-fourths (16 %) degrees West, 36
feet to comer oflot now or formerly of Irene D. Piper; thence by the same,
South seventy-three and one-fourth (73 \14) degrees East, 180 feet to
Railroad Street; thence along said Street, North sixteen and three-fourths
(16 %) degrees East, 36 feet to the place of Beginning.
Known and numbered as 107 Big Spring Avenue, Newville, PA 17241
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Property Description
All that certain tract ofland in the Borough of Newville, Cumberland
County, Pennsylvania, situated on the West side of Railroad Street (now
Big Spring Avenue) and designated in former titles as Lot No.5 on the
West Side of Depot Street in Plan of additional building lots laid out by
Peter A. Ahl, bounded and described as follows:
Beginning at a comer of Lot No.6, now or formerly of James D. Gutshall,
on said Railroad Street thence by said Lot No.6, North Rose Alley; thence
along said Alley, South sixteen and three-fourths (16 %) degrees West, 36
feet to comer oflot now or formerly ofIrene D. Piper; thence by the same,
South seventy-three and one-fourth (73 \4) degrees East, 180 feet to
Railroad Street; thence along said Street, North sixteen and three-fourths
(16 %) degrees East, 36 feet to the place of Beginning.
Known and numbered as 107 Big Spring Avenue, Newville, P A 17241
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BROADUS ALLEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
WILLIAM E. MARTIN and
DEBRA MARTIN,
Defendants
NO. 01-2511 CIVIL TERM
IN RE: DEFENDANTS' PETITION TO OPEN AND STRIKE JUDGMENT
BEFORE OLER. J.
+I. ORDER OF COURT
AND NOW, this 3D' Jay of July, 2001, upon consideration of Defendants' Petition
To Open and Strike Judgment, it is hereby ordered that:
1. A Rule is issued upon Plaintiff to show cause why Defendants are not entitled to
the relief requested;
2. Plaintiff shall file an answer to the motion within 21 days of the date of this
order;
3. The petition shall be decided under Pa. R.C.P. 206.7;
4. Depositions shall be completed within 35 days of this order;
5. Argument shall be held on September 26, 2001, at 3:30 p.m., in Courtroom
No.1, Cumberland County Courthouse, Carlisle, Pennsylvania.
6. Briefs shall be submitted at least s.even days prior to argument.
BY THE COURT,
r.,J. ~
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~
Jacqueline M. Verney, Esq.
44 South Hanover Street
Carlisle, P A 17013
Attorney for Plaintiff
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.
Harold S. Irwin, III, Esq.
35 East High Street
Carlisle, PA 17013
Attorney for Defendants
,., ,- ,'~' " .- ~-' ,-
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. ,
-
HAROLD S. IRWIN, III, ESQUIRE
ATTORNEY ID NO. 29920
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 243-6090
ATTORNEY FOR DEFENDANTS
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
BROADUS ALLEN,
v.
WILLIAM E. MARTIN and
DEBRA MARTIN,
: NO. 2001 - 2511 CIVIL TERM
Defendants
ORDER OF COURT
NOW, this day of June, 2001, upon petition of defendants and on motion
of Harold S. Irwin, III, Esquire, attorney for defendants, a rule is hereby issued upon the
plaintiff to show cause why the judgment by confession entered against defendants
should not be stricken.
Rule returnable days after service upon plaintiff's counsel of record,
Jacqueline M. Verney, Esquire.
By the Court,
J.
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUiNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
BROADUS ALLEN,
v.
WILLIAM E. MARTIN and
DEBRA MARTIN,
: NO. 2001 - 2511 CIVIL TERM
Defendants
PETITION TO OPEN AND STRIKE JUDGMENT
NOW come the defendants, by their attorney, Harold S. Irwin, III, Esquire, and
present this petition to open and strike judgment, representing as follows:
1. Plaintiff is Broadus Allen, an adult individual whose address is P.O. Box
775, new Kingstown, Cumberland County, Pennsylvania 17072.
2. Defendants are William E. Martin and Debra Martin, his wife, adult
individuals residing at 107 Big Spring Avenue, Newville, Cumberland County,
Pennsylvania 17241.
3. The parties entered into an installment sales contract for the purchase of
defendants' residence on or about February 22, 2000.
4. On April 30, 2001, the plaintiff filed a complaint for confession of judgment
in ejectment pursuant to that agreement. Said complaint contained a notice to the
defendants that they had 30 days after service to seek relief from the judgment.
Ji' ,,,..~, '" t. "~, ""-"";'k,,~-'~'--,_",'''',f'1''''h'.'_'_,~ ,ll!!I!h.., _ _ _ On' ,__ __,.. . _,'" __ ~_.."
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5. The aforesaid 30 day period expires on June 4, 2001.
6. Prior to filing the complaint for confession of judgment on this installment
sales contract, the plaintiff failed to provide the defendants with the appropriate Act 6
and Act 91 notices as required by law.
7. Defendants believe and therefor aver that the plaintiffs action in seeking
judgment by confession was inappropriate in this case, even though the agreement
contained a confession of judgment clause, since the law requires that the plaintiff
provide the defendants in a residential purchase money loan situation such as this with
the Act 6 and Act 91 notices and the opportunity to cure their default.
8. The failure of the plaintiff to do so justifies relief from the confession of
judgment in this case.
WHEREFORE, defendants request this Honorable Court issue a rule upon
plaintiff to show cause why the judgment entered against the defendants should not be
opened and stricken.
June 4, 2001
HAROLD S. IRWI
Attorney for Def
35 East High Street
Carlisle, PA 17013
(717) 243-6090
Supreme Court ID NO. 29920
'f-_,"'m~,~ .,,',..0 -"'.',,"~ -""'-c .'-r~._c._,_ ._-',1'''1-'-,1'''-''~''71__,_. ," __<_~ or ,'C
70/,
.
VERIFICATION
Due to the time constraints involved, counsel for the defendants is executing this
verification. However, the facts in this petition are personally known to defendant's
counsel. I verify that the facts contained in this petition are true and correct to the best
of my knowledge, information and belief. I understand that false statements made
herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn
falsification to authorities.
June 4, 2001
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HAROLD S. IRWIN, III, ESQ.
SUPREME COURT ID NO. 29920
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 243.6090
ATTORNEY FOR PLAINTIFF
BROADUS ALLEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
WILLIAM E. MARTIN and
DEBRA MARTIN,
: NO. 2001 - 2511 CIVIL TERM
Defendants
ORDER OF COURT
NOW, this I "l~ day of ~\Ju\.)st, 2001, on petition of Harold S. Irwin, III,
Esquire, a rule is hereby issued upon defendants, William E. Martin and Debra Martin, ,
and plaintiff, Broadus Allen, to show cause why petitioner should not be permitted to
withdraw as counsel for defendants.
Rule returnable rs days after the date of this order. Service to be by
certified mail upon defendants and upon plaintiff's attorney of record, Jacqueline
Verney, Esquire.
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
BROADUS ALLEN,
v.
WILLIAM E. MARTIN and
DEBRA MARTIN,
: NO. 2001.2511 CIVIL TERM
Defendants
PETITION FOR RULE TO SHOW CAUSE
NOW comes Harold S. Irwin, III, Esquire, attorney for defendants, and presents
this petition for a rule to show cause, representing as follows:
1. Petitioner is Harold S. Irwin, III, attorney for plaintiff, with offices at 35 East
High Street, Carlisle, Cumberland County, Pennsylvania 17013.
2. Respondents are William E. Martin and Debra Martin (defendants in this
matter), of 107 West Big Spring Avenue, Newville, Cumberland County, Pennsylvania
17241, and Broadus Allen(plaintiff in this matter), of P.O. Box 775, New Kingstown,
Cumberland County, Pennsylvania 17072.
3. Petitioner has represented the plaintiff in this matter since on or about
May 7,2001.
4. The status of the proceedings is that the Court has established, by Order
of Court dated July 30, 2001, a schedule for pleadings, discovery, briefs and argument
to take place between now and September 26, 2001.
5. Petitioner has been requesting that respondents Will and Debra Martin
provide him with an adequate retainer for his services and to pay monthly invoices for
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legal services provided to them by the petitioner; however, respondents are unwilling or
unable to do so.
6. Based on the above, differences have arisen between defendants and
petitioner regarding the handling of this matter and petitioner is unwilling to continue his
representation of plaintiff in light of plaintiffs inability to pay for legal services.
7. Petitioner last communicated to the respondents by letter dated August 6,
2001, indicating that if respondents did not pay sufficient moneys for legal services by
August 10, 2001, petitioner will request leave to withdraw from this case.
8. Your petitioner believes and therefor avers that defendant has adequate
time to find substitute counsel, if necessary.
WHEREFORE, petitioner requests your Honorable Court to enter a rule the
respondents to show cause why petitioner should not be permitted to withdraw from this
case.
,
August 13, 2001
HAROLD S. IRWI
Petitioner
35 East High Street
Carlisle, PA 17013
717-243-6090
Supreme Court ID No. 29920
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,
VERIFICATION
The foregoing petition is true and correct to the best of my knowledge,
information and belief. I understand that false statements made herein are subject to
the penalties of 18 Pa.C.S.A. Section 4094, relating to unswom falsification to
authorities.
August 13, 2001
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BROADUS ALLEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLV ANIA
v.
CIVIL ACTION - LAW
WILLIAM E. MARTIN,
DEBRA MARTIN,
Defendants
: NO. 2001- 2511 CIVIL TERM
ANSWER TO PETITION TO OPEN AND STRIKE JUDGMENTI
ANSWER TO RULE TO SHOW CAUSE
AND NOW, comes, Broadus Allen, Plaintiff, by and through his attorney,
Jacqueline M. Verney, Esquire and files this Answer pursuant to the Order of Court dated
July 30,2001:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted in part. Denied in part. It is admitted that Act 6 and Act 91
Notices were not provided. It is denied that the Act 6 and Act 91 Notices were required
bylaw.
7. Denied. Act 6, 41 P.S. ~ 101 defines a residential mortgage as "... an
obligation to pay a sum of money in an original bona fide principal amount of fifty
thousand dollars ($50,000.00) or less, ...." The Notice requirement of Act 6, 41 P.S. ~
403 (a) applies to the statutorily defined "residential mortgage". The instant obligation is
in excess of $50,000.00. The Notice requirement of Act 6 does not apply.
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Act 91, 35 P.S. ~~1680AOlc and 1680A02c, authorize the Pennsylvania Housing
Finance Agency to make emergency loans to certain qualifYing mortgagors. Section
1680A01c(a) provides "".The provisions of this article shall not be applicable if: (4) The
mortgage on the property was given by a noncorporate seller, unless the noncorporate sell
elects, in writing, in the mortgage or elsewhere to be covered by this article." Plaintiff is
a noncorporate seller and has not elected to be covered by this article which goes on to
provide for the Notice in the event of foreclosure.
8. Denied. The Act 6 and Act 91 Notices are not applicable to this
Installment Sales Agreement and the Judgment should not be opened or struck.
WHEREFORE, Plaintiff requests this Honorable Court deny Petitioners Motion
to Open and Strike Judgment.
Respectfully submitted,
Sj2-DjD (
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acq line M. Verney, Esquire #2 7
44 South Hanover Street
Carlisle, P A 17013
(717) 243-9190
Attorney for Plaintiff
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.
VERIFICATION
I verify that the statements made in the within Pleading are true and correct to the
best of my information and belief. I 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.
/7.
Dated: fS II 7/61
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.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the Answer to Petition to Open and
Strike Judgment and Answer to Rule to Show Cause was served on the following person
by first class US mail, postage prepaid on the date indicated:
Harold S. Irwin, Esquire
35 East High Street
Carlisle, P A 17013
Date: 1/kp!OI
%.k/
cqu ine M. Verney, Esquir~ 0
44 South Hanover Street
Carlisle, P A 17013
(717) 243-9190
Attorney for Plaintiff
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BROADUS ALLEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLV ANIA
v.
CIVIL ACTION - LAW
WILLIAM E. MARTIN,
DEBRA MARTIN,
Defendants
NO. 2001- 2511
CIVIL TERM
:CONFESSION OF JUDGMENT-EJECTMENT
ANSWER TO RULE TO SHOW CAUSE
AND NOW, comes, Broadus Allen, Plaintiff, by and through his attorney,
Jacqueline M. Verney, Esquire and files this Answer to Rule to Show Cause and in
support thereof avers the following:
1-2. Admitted.
3. Plaintiff has no knowledge ofthe facts averred in this paragraph but has
no reason to deny the averment.
4. Admitted.
5-8. Plaintiff has no knowledge of the facts averred in this paragraph but has
no reason to deny the averments.
9. Plaintiff does not object to the withdrawal of counsel for Respondents so
long as it does not delay the proceedings in this matter.
f -:)'J' -0 I
Respectfully submitted,
h.g, ~1i,"~
acq line M. Verney, Esquire # 167
44 South Hanover Street
Carlisle, P A 17013
(717) 243-9190
Attorney for Plaintiff
-
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the Answer to Rule to Show Cause
was served on the following persons by first class US mail, postage prepaid on the date
indicated:
Harold S. Irwin, Esquire
35 East High Street
Carlisle, P A 17013
Mr. and Mrs. William E. Martin
I 07 West Big Spring Avenue
Newville, P A 17241
Date: ?<).Js -6 I
%.tL~
acq eline M. Verney, Esquire # 167
44 South Hanover Street
Carlisle, P A 17013
(717) 243-9190
Attorney for Plaintiff
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HAROLD S. IRWIN, III, ESQ.
SUPREME COURT ID NO. 29920
3S EAST HIGH STREET
CARLISLE PA 17013
(717) 243.6090
ATTORNEY FOR PLAINTIFF
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION. LAW
BROADUS ALLEN,
v.
WILLIAM E. MARTIN and
DEBRA MARTIN,
: NO. 2001 . 2511 CIVIL TERM
Defendants
ORDER OF COURT
NOW, this ~day of September, 2001, on petition of Harold S. Irwin, III,
Esquire, the rule issued upon the parties to show cause why he should not be permittd
to withdraw as counsel for plaintiff is hereby made absolute.
By the Court,
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= IN THE COURT OF COMMON PLEAS OF
= CUMBERLAND COUNTY, PENNSYLVANIA
= CIVIL ACTION. LAW
BROADUS ALLEN,
v.
WILLIAM E. MARTIN and
DEBRA MARTIN,
= NO. 2001 . 2511 CIVIL TERM
Defendants
PETITION TO MAKE RULE ABSOLUTE
NOW comes Harold S. Irwin, III, Esquire, attorney for defendants, and presents
this petition ro make the rule absolute, representing as follows:
1. Petitioner is Harold S. Irwin, III, attorney for plaintiff, with offices at 35 East
High Street, Carlisle, Cumberland County, Pennsylvania 17013.
2. Respondents are Broadus Allen, plaintiff, and William E. Martin and Debra
Martin, defendants, all parties to this pending foreclosure action.
3. Petitioner has represented plaintiff in this matter since its inception.
4. On or about August 16, 2001, on petition of Harold S. Irwin, III, Esquire, a
rule was issued upon the parties to show cause why Harold S. Irwin, III, Esquire, should
not be permitted to withdraw as counsel for plaintiff, returnable fifteen (15) days after
the date of the Order and service to be by certified mail upon the plaintiffs attorney of
record, Jacqueline M. Verney, Esquire, and upon the defendants.
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5. Plaintiff filed an answer to the Rule to Show Cause indicating that plaintiff
has no objection to petitioner's withdrawal as counsel for defendants.
6. Defendants received a copy of the petition and rule on September 5,
2001; however, they have filed no response. A copy of the signed receipt card and
sender's receipt is incorporated herein by reference and attached hereto as Exhibit "A".
WHEREFORE, petitioner requests your Honorable Court to make the rule
entered upon the parties to show cause why petitioner should not be permitted to
withdraw from this case absolute.
September 14, 2001
HAROLD S. IRWIN, III,
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VERIFICA TION
The foregoing petition is true and correct to the best of my knowledge,
information and belief. I understand that false statements made herein are subject to
the penalties of 18 Pa.C.SA Section 4094, relating to unsworn falsification to
authorities.
September 14, 2001
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SENDER: COMPLETE THIS SECTION
. Complete items 1', 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
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BROADUS ALLEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
WILLIAM E. MARTIN,
DEBRA MARTIN,
Defendants
NO. 2001-2511 CIVIL TERM
CONFESSION OF JUDGMENT-EJECTMENT
ORDER OF COURT
AND NOW, this 26th day of September, 2001, upon
consideration of Defendants' petition To Open and Strike Judgment,
and of Plaintiff's Answer to Rule To Show Cause, and following
oral argument held on this date at which Jacqueline M. Verney,
Esquire, appeared on behalf of Plaintiff, and at which no
appearance was made by Defendants, and it further appearing that
no brief was submitted by Defendants in support of their petition,
Defendants' Petition To Open and Strike Judgment is denied.
By the Court,
J.
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Jacqueline M. Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
For the Plaintiff
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William E. Martin
107 West Big Spring Avenue
Newville, PA 17241
Debra Martin
107 West Big Spring Avenue
Newville, PA 17241
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BROADUS ALLEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
WILLIAM E. MARTIN,
DEBRA MARTIN, .
Defendants
: NO. 2001- 2511
CIVIL TERM
:CONFESSION OF JUDGMENT-EJECTMENT
PRAECIPE FOR WRIT OF POSSESSION UPON A
CONFESSED JUDGMENT
To the Prothonotary:
Issue writ of possession upon judgment in ejectment entered by confession in the
above matter.
CERTIFICATION
I certify that
(1) This praecipe is based upon a judgment entered by confession, and
(2) Notice pursuant to Rule 2973.2 has been served at least thirty days prior to the filing
of this praecipe as evidenced by a return of service filed of record.
Respectfully submitted,
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acqu ine M. Verney, Esquire, 2316
44 South Hanover Street
Carlisle, P A 17013
(717) 243-9190
Attorney for Plaintiff
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BROADUS ALLEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
WILLIAM E. MARTIN,
DEBRA MARTIN,
Defendants
: NO. 2001- 2511
CIVIL TERM
:CONFESSION OF JUDGMENT-EJECTMENT
WRIT OF POSSESSION
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
To the Sheriff of Cumberland County:
(I) To satisfY the judgment for possession in the above matter you are directed to
deliver possession of the following described property to Broadus Allen:
See attached description
(2) To satisfY the costs against William E. Martin and Debra Martin, you are
directed to levy upon any property of William E. Martin and Debra Martin
and sell his or her interest therein.
Prothonotary of Cumberland County
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Property Description
All that certain tract ofland in the Borough of Newville, Cumberland
County, Pennsylvania, situated on the West side of Railroad Street (now
Big Spring Avenue) and designated in former titles as Lot No.5 on the
West Side of Depot Street in Plan of additional building lots laid out by
Peter A. Ahl, bounded and described as follows:
Beginning at a comer of Lot No.6, now or formerly of James D. Gutshall,
on said Railroad Street thence by said Lot No.6, North Rose Alley; thence
along said Alley, South sixteen and three-fourths (16 %) degrees West, 36
feet to comer oflot now or formerly ofIrene D. Piper; thence by the same,
South seventy-three and one-fourth (73 v.) degrees East, 180 feet to
Railroad Street; thence along said Street, North sixteen and three-fourths
(16 %) degrees East, 36 feet to the place of Beginning.
Known and numbered as 107 Big Spring Avenue, Newville, P A 17241
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By virtue of this writ, on the 22nd
I caused the within named Broadus Allen
have possession of the premises described
Ave, Newville, PA 17241
Sheriff's Costs:
Docketing $
retlfttl"'gc
ProthOnotary
Milage
rOGElc(;1Elion
Surcharge
day of October
, to
107 Big Spring
Advance Costs: 150.00
Sheriff's Costs: 95.16
54.84
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95.16
Refunded to Atty on 10/23/01
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WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.)
Broadus Allen
P. O. Box 775
New Kingstown, Pa. 17072
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-7'111 rivi 1 'l'PTm
Term
No.
Term
vs.
Costs
WjJli8l11 E. Martin
Debra Martin
107 Big Spring Avenue
Newville. Pa. 17241
Att'y.
Pl'ff (s)
Pro thy.
$ 95.94
$
$ 1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of r, ""hPr 1 Flnil
County, Pennsylvania
(l) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
Broadus Allen
Plaintiff (s)
being: (Premises as follows):
107 Big' Spring Avenue, Newville, Pa. 17241
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(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell hislher (or their) interest therein.
Curtis R. Long
Prothonotary, Common Pleas Court of Cmnberland County, Pennsylvania
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By: C;-11t.t- () /rwJ;. J
Deputy
Date
October 9. 2001
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