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HomeMy WebLinkAbout99-02762 William Jumes Brownawell, Executor of the Lust Will and Testllment of Berthll E. Rrownewell, also known liS Herthu E, Hrownllwell PLAINTIFF, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ' LAW NO. CIVIL TERM q 9',!). 7~ t:l IN' ASSUMPSIT and EJECTMENT Terry E, Fuller, DEFENDANT NOTICE' You have been sued in court. If you wish to defend against the claims set f0l1h in the following pages, you must take action within twenly (20) days after this complaint and notice arc served, by entering a written appearance personally or by attorney and filing in writing with the court your defi~nses 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 COU11 wilhout 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 imp0l1ant 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 TilE OFFICE SET FOlnn BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717.249.3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Conrt of Common Picas of Cumherland Counly is n:quired by law to comply with the Americans with Disabilities Act of 1990, for information about accessible facilities and reasonable aeeomodations available to disabled individllals having business he fore the col111, please contact our omce, All arrangements must he made at least 72 hours prior to any hearing or business before the cOllrl. Youmllst allend the sch,-duled conference or hearing. William James Brownawell, Executor of the Last Will and Testament of Bertha E. Brownewell, also known as Bertha E. BrownawcIl PLAINTIFF, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ' LAW NO. 'N. J 7~4:IVIL TERM IN ASSUMPSIT and EJECTMENT Terry E. Fuller, DEFENDANT COMPLAINT AND NOW, comes William James Brownawell, Executor of the Last Will and Testament of Bertha E. Brownewell also known as Bertha E. Brownawell, Plaintiff. by and through Frey & Tiley AUorneys at Law and respectfully states as follows: COUNT I: IN ASSUMPSIT I. Plaintiff is William James Brownawell, Executor of the Last Will and Testament of Bertha E. BrowneweJI also known as Bertha E. Brownawell, the said Estate having its address al 5 South Hanover Street, Cumberland Coullly , Pennsylvania. 2, Defendal11 is Terry E. Fuller, :m adult individual, of 430 Fairground A venue, Carlisle, Cumberland COUnly, Pennsylvania. 3, On or about September 30, 1988 Defendant entered into an Agreement of Sale for the purchase of property from Bertha E. Brownawell also known as Bertha E. Brownewell of the real estate known as 418 Fairground Avenue in the Borough of Carlisle, Cumberland County, Pennsylvania. A true and cort'ect copy of the Agreement of Sale is attached hereto and incorporated herein by reference as Exhibit "A". 4. At the time of the execution of the said Agreement of Sale on or about September 30, 1988, the said Benha E. Brownawell also known as Bertha E. Brownewell was the owner of the real estate known as 418 Fairground Avenue by virtue of a Deed from William D. Rinesmith, widower. dated February 18, 1953 and recorded February 18. 1953 in the Office of the Recorder of Deeds in and for Cumberland Cnunty at Carlisle, Pennsylvania in Deed Book "F', Volume 15, Page 214 to William H. Brownawell and Benha E, Brownawell, husband and wife. The said William H. Brownawell having died on July 13. 1954, titled to the same remained vested by operation of law solely in Beltha E. :, ,:~ "-"",;" ,:,.'" ';',' ',:, '.:"",-: ,,' >:>,r .:': :":",,-,::,,,-;,{,:,,:::\~ .)~';.;'\,\;:~ l~~:'J~';;~)!I;":; >j~:""::': ','/, I' '-'.,'f, ',' \ ~,,,: ':" )"~,, .:"" ;1';:;; ':~'.. ,I"":,',:':"' (U' ,\', ., 'c Brownawell also known as Bertha E, Brownewell. A full and complete legal description ofthc real estate is allached hel'Clo and incorporated herein by reference as Exhibit "B". 5. The said Bertha E. Brownawell also known as Bel1ha E. Brownewell died January 3 J. 1994. Lellers testamentary were granted by the Register of Wills of Cumberland County to William James Brownawell, Plaintiff herein, to Register of Wills Filc No. 94.140. A copy of said lellers lestamentary is allached hereto and incorporated herein by reference as Exhibit "C". 6. Pursuant to the terms of said Installment Sale Agreement Defendant agreed to purchase 418 Fairground A venue for $8,000.00, payable in monthly installments of $100.00, said monthly installments 10 be applied first 10 interest at the rute of 10% on the unpaid principle balance and the remaining portion of each monthly installment to be applied toward the reduelion of principle. 7. Defendant is in default because of his failure to make monthly installments when due, having made no payment since November 30, 1995 and the following amounts are now due pursuant to the Installment Sale Agreement: Principal balance $5,917.64 Interest from November 30, 199510 April 30, 1999 at $1.62 per day $2.018.52 TOTAL $7,936.16 8. Defendant is also obligated for the payment of interest at the rate of $1.62 per day from April 30, 199910 the dale of payment in full. 9. In accordance with the provisions of the Acl of January 30,1974, Pub. L. 13, No.6, * 403 (41 P.S. * 403) a Notice of Intclilion to Foreclose Installment Sale Agreement dated December 3, 1998 was forwarded to Ihe Defendant by certified mail, return receipt requested and by fiN class postage paid regular mail. A copy of said notice is allached hereto and incorporated herein by reference as Exhibit "D". I 0, The notice mailed by Certified Mail was retumed to Plaintiff as unclaimed. The notice mailed hy l'Cgular first class postage prepaid mail was not retumed and is believed by Plaintiff to have becn delivcred to Defcndant. WHEREFORE. Plaintiff respcctfully rcquests judgment in favor of Plaintiff and against Dcfendant for foreclosure on Ihe Installment Sale Agrecmcnt in thc :Ullount of $7,936.16 togelher with intcrestlhcrcon and ailothcr amounts adv'anccd hy Plaintiff, COUNT II:EJECTMENT II. Paragraphs No. I through 10 are inco'1lOrated herein by reference. 12. Pursuant to the terms of the said Instalhnent Sale Agreement, and in consideration of the promises, covenants, and agreements of Defendant, contained therein, Plaintiff delivered possession to Defendant and Defendant entered into possession of the real estate on or about September 30, 1988. 13, Defendant has breached the term of the Installment Sale Agreement and continues to be in breach of the Agreement by failing to make payment since November 30, 1995, and has failed to make further payment thereafter. 14. By letter dated September 24, 1998, Plaintiff made written demand for payment of the amount owed or for possession of the aforementioned real estate. A copy of said demand is attached hereto and incorporated herein by reference as Exhibit "E." 15. Defendant has failed and refused to give possession to Plaintiff and has further failed and refused to make required payments pursuant to the Installment Sale Agreement. 16, Pursuant to the terms of the said Installment Sale Agreement, Plaintiff is entitled to judgment for possession of the aforementioned real estate. WHEREFORE, Plaimiff respectfully requests judgment in favor of Plaintiff and against Defendant granting Plaintiff possession of the herein described real estate, costs of suit, and such further relief as the Court may deem proper. By: Respectfully submitte,d, Frey & Tiley, Attorneys for Plaimiff ~~~~~,~, Robert G. Frey, Esquire Supreme Coul1 Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243.5838 I verify that the statements made herein are true and correct amI understand that false statements herein arc made suhjeclto the penahies of III I'a, C. S. A. * 4904 relating to unsworn falsification to , " authorities. Datcd: May 3, 1999 ,II J"lt. ;,..., (J.!"u_I3_~t{(v"'.l f William Jamcs (JiuIVnawell. Exccutor of Th,~ Last Will and Testamcnt of Bellha E, BnJwnawell also known as Bertha E, Browocwell /\GREEMEN~' OF S/\LE ENTERED INTO THIS 30th day of September, 1988, between BERTH/\ E, BROWN/\WELL, also known as BERTH/\ E. BROWNEWELL, widow, of R. D. '3, Box 274, Carlisle, Pennsylvania 17013, acting through her Attorney- in-Fact, WAYNE E. BROWNEWELL, hereinafter whether singular or plural called party of the first part, /\NU TERRY E. FULLER, single man, of 430 Fairground /\venue in the Borough of Carlisle, Cumberland County, Pennsylvania, hereinafter called party of the second part, WITNESSETH: That the said party of the first part, in considera_ tion of the terms and conditions hereinafter mentioned and contained, agrees to grant and convey to the said party of the second part, ALL that certain tract of land with erected situate in the Borough of Carlisle, sylvania, bounded and described as follows: the improvements thereon Cumberland County, Penn- BEGINNING at a point on West side of Fairground Avenue at the diViding line between property known as 416 Fairground /\venue and the within described premises known as 418 Fairground Avenue: thence from said point at the Place of Beginning along the northern line of said land known as 416 Fairground Avenue, formerly of William H. Browna- well, North 82 degrees 30 minutes West a distance of 190 feet to a stake at an alley way; thence along line of said alley way, North 20 degrees West a distance of 41 feet to a stake at the diViding line between the within described premises known as 418 Fairground Avenue and the premises adjoining on the North known as 420 Fairground Avenue; thence along the southern line of said premises known as 420 Fairground Avenue, now or formerly of LowrLe Beetem, South 75 degrees 30 minutes East a distance of 126 feet to a point; thence still along the southern line of said premises known as 420 Fairground Avenue, South 81 degrees 30 minutes East a distance of 57 feet to a point on the western line of Fairground Avenue; thence along said western line of Fairground Avenue, South 08 degrees 45 minutes West a distance of 18.6 feet to a point at the Place of BEGINNING. THE above-described tract of land contains 4,898 square more or less, and has thereon erected a dilapidated two-story dwelling house and other improvements known as and numbered 418 ground Avenue. THE above-uescribcd premises are all of the property which William D. Rincsmith, widower, by deed dated February 18, 1953, and recorded February 18, 1953, in the Office of the Recorder of Deeds in and for Cumberland County at CarliSle, Pennsylvania, in Deed Book "FIl, Volume 15, Page 214, granted and conveyed to William H. Brownawell and Bertha E. Brownawell, husband and wife. The surname of said William H. Brownawe11 is also written Brownewell and he and his wife were known with their surname spelled both ways. The said William H, Brownawe11 having died on July 13, 1954, title to the same remained vested by operation of law solely in his surviving spouse, Bertha E. Brownawe11, whose name is also written Bertha E. Browne\o,'cll, who is the party of the first part herein acting through her Attorney-in- Pact. feet~ frame Fair- THE premises hereinbefore described .3re being sold and shall be conveyed in their present condition. The present structure is in a deteriorated condition and party of the first part has received noti- fication from the Borough of Carlisle th~t the building on the above- described premises which wan heretofore cccupied as a dwelling house is unfit for human occupancy, h~$ been cond~mned because it fails to comply with governmental regulations pertaining to housing code AUTBEN'l'] C/\'l'ED BY PARTI' OF TIiE~'rHST P/\~ !.)"'.ru",- <.~ I:u....~(/ I II Al17'HEIITICATED BY PART\' OF' THE SECOND P/\RT: -1- 7;;/"0"/ [. ~-z- ~0I4" I I ; " ! , 6tilndQ.rd~" etc. No wllr~,]nty either express or implied is made as to the condltlon of the premlses or as to any of the improvements thereon nor as to the suitability or appropriateness for any particular use or purpose of such premi.ses or improvements. ' PAHTY of the second part agrees to comply with all governmental regulations and requirements in connection with any use which the party of the second part desires to make of the above-described pre'!'ises ,and in add~tion ag~ees to comply with any governmental regu- latlon WhlCh may be 1m posed ln regard to the maintenance of the above- descri'bed premi ses. IN CON:;lD~:lt^,I'I()N WItEltEOF. Ihe uald parly of the second pari agrecB 10 ~ilY 10 the .illd ~H1Y ur Ih" hr~1 l'arlthoreCor. Iho aum of Eight Thousand and no/lOO_nnnnnn_______nn_nn___( $8,000.00 )________n Dollara. .. fullow.: NONE Dollars u~on the exec~tioll or ttll" '1greemonl 0' Sale. Ihe recoipt whoreof tB hereby ""klluwl~u~ed tJy the purly or th~ flral part. and Iho balanco of Eight Thousand and no/lOO----------n----nn- ($8, OOu, 00 )_________n_____ Dollara In monthly in.wllmanto of One Hundred andno/lOOn-------n---n-------- _n__nn"'('nnn_n__'( $100,00 )_____n__________n____ Dollaro. ..IU mOlllhly in.'~lImcnli, 10 be applied f1ut to Inloraot all,ho rato of Ten (10'1'0) I'~r <entum per annum on Ihe unpaid balanco of principal, and tho remaining perllon or .ach ~u<1l 1n~lallm.nl 10 reducllon 0' principal. aald monlhly INllallment to b. plllU on 01' L1dore Ihe 30th day 0' each monlh, bog Inning October 30, 1988, and thereafter on or before the like day of each succeeding month until principal and interest have been fully paid. PARTY of the second part shall carry public liability and property damage insurance with reasonable limits of liability, issued by a reliable insurance company approved by party of the first part, insuring the party of the first part herein and the party of the second part herei.n, and a copy of said policy shall be sent to the party of the first part. ' IN ucldilion lu II.. aaid monthly Inotallm.nt. on accounl 0' purchase price and tOle.'call thtH'~on, lhe "laid party uf the aecond 'Part asreea to pay the ta:IU!S" mumcipal al:"u~B"menIM. utiluy ctwree., it anY41 makll aU nee.saar)' repair. to the premia.AI. allll to kt:ep lO Coree nOl h~'''1 tht..n No Casualty tnsurance on the improvements is required" ElO11l1N( or "'ire IIlj;jul'ance and e"lcnded coveraio" I.aued by a reUable lneurance company ap~roved by polrly or Ihe f1r"t part. wllh Iou payable to tho partlea horelo as their tnl.,.ut. may appear. a c<.IVy of "aid polic)' to be lIenl to tho parly 0' Ihe flrat part. TilE purly of the occond pari a hall have Iho privilege of paying aa much more thnn th. reqUired month.) Ir,ulallmllr,t or prlndp,,1 "nd Interest as duired. and nothln;; cOlllamed III 111l~ Acreement .hall bCl'eonalrued 10 limit reduellon of principal 10 aUld amount. lnlere"t ahall btl compulod on Ihe unpaid principal balance. A I.L paymenl.. .hall be mado 10 Ihe party of the 'irol pari al whalever addreao I~ de'He:nal~d in wnlln..:, and until rurthor notice.t residence of Wayne E. Browncwell as attorney-in-fact for Bert~a E. Brownewell, H. D. *9, Box 104, Carlisle, PA 17013, IT ld alj;jo a,:ret:d between the partie. hereto, that poaMes.ion of the sald prellll~e~ "hull LIe dehver..d to Iho .ald party of tho acoond pari on Ihe 30th day or September ,L 988 ,and lhal ..Id parly 0' th.. ..cond parI ahall be entilled lu receIve renlo, '"sueo and profile from ..Id dale of dollvel')' 0' poaaellS,on, b ubJrcl to the caudation. hereto eot forth. Till:: pu rlY of llie second part ogreu nOlto make any subslantiol alterallon of 1111: condll&on or thoe preml8t. or ot the bull~m~. thereon erected wiLhout {lralt .ecurlllglhe wrllIen con..nl and .pproval of lh. perly of Ibo flnl pari. AlITlll::NTlCATEO lIY I'AHTY 01<' Tilt: 1<'ll~'iT PA,,)rr: ! ..... /.) {f (, t).~;r-e. (, t;J, ('t..--., " , A UTIlENTICATED BY PARTY OF THE SECOND PAHT: i:v'/lf [ =;;JU, TAXES for prior years have boen paid. Taxes for the current year shall be pro-rated between the parties hereto using the tiscal years of the taXing authoritieo ao tho bUh, and September 30 . 19 aa , ao pro-rating date, When 10g41 title ia takan by the party at the socond part, party of the first part shall pay one-halt ot tho Stato and Local Realty Transfer Taxoo then in ethct, up to a lIl4x1mWII ot Eighty and ~~&l %~e"pari:y' '"o'{ -t-h;-;';;';~d-p~;t- mh O~~y-ti;;;;;;;I;;;i~d-;'-;.---- dollara. PA RTY or the r1rul pari II hall have Ill. privileee or encumberinc the prern1.le. wbich sre the subject or this screement by s martcalle or olllerll/we provided that at no time may any such encumbranca exceed the un""ld prlnclpsl bawnce ot thiB al/reement, and It party at the tlrst part should detsullla maklni any paymeo~ which may be required in connection with any auch mortllalla Or o\.ber encumbrance. the parlY or the aecond psrt shall have th. privllelle ot applylna allJl suma payable pursuant to tbiB agreemenl 10 lIuch encumbrnnce holder. UPON compliance with the roregolnll terln8 and condltiona and paymtnt ot the sald purchase price In rull by the lIald party ot the second part, the aald parly 01 the rirst part will. at the expense at party of tho tirat part. make, execute and deliver 10 the said party at tho second part, a iOod and .uttlclent deed tor the proper conveyine and aSllurini ot the said prem18ell, In tee simple. treo trom.all encumbrances, dower and right at dower, lIubject only to cas omenta and restrictiOIlll, visible or or record. lIuch conveyance to contain Ihe usual COVenanta ot special warranty. IF TlfIS prapel'ty is conveyed to A third party At the request of party of the second part, then all realty transfer taxes on such con- v~yance shall be paiti by such third party and tho party of the second part as they may agree, and none shall bo paid by party of the first part. IN the event the said party of the second pa:-t shall fsll to make any monthly payment for a period of thirty (30) days atter the Bame shall have become duo and payable by the terms hereot, or it a broach ot any at Ille toregoln/i: conditioll8 be lIlIIde by the said party at the second part. Illen snd In such cue thiM Ae-reement shall, st tbe option of tbe pari,)' at tbe first part, become null and void and the said party at the Second part lIhaU Corfeit all monies then paid all Ilqllidated dsmaies, re- presenting the Catr rental vslue at the property during Ill, lime the same shall have bellO occupied by the party or the second part. IF deCault shall be made in the payment at any monthly payme,nt tor a period ot thirty (30) days aCter the same "hall have become due snd payable by the terms hereot. or iC s breach at any at the conditions at thlBAcreement shall bo made by the party of the second part, the enUre principal SUID remalnlni unpaid ahall become due and payable at once and may be collected by auit Or otherwise; and the Prothonotary Or ::~i attorney of any court oC record at Pennsylvania or elltwhero is hereby authorized and emPOwered to appear ror and contelll jude-ment al/ainSI the said party at th. aecond part and in favor oC the party of the tirsl part ror tbe whole amount Of sald principal aum relTlllininc unpaid, tocether with Inlereat, coats of suit. releue of errora, SHorney's commission of five per cent and waiving inquisllioll8 and exemptions. A UTIlENTICATED BY PARTY OF TilE FIRST PART:; ) J,? /1/ I-U.c,"-:'h': c::: 1'..")1 &,.. ~f:J" .;l - AUTHENTICATED BY PAItTY OF THE SECOND PART: 3 ---- k/VY'j I:. ~ , \ UPON the breach of any of the covenants or conditions of this Agreement, or upon its termination by forfeiture, the Prothonotary or any attorney of any Court of Record of Pennsylvania, is hereby authorized to appear for and to confess judgment in an amicable action of ~jectment against the said party of the second part and in favor of the said party of the first part for the premises herein described, and to direct the immediate issuing of a Writ of POBsession with Writ ot Execution tor costs, waiving all irregularities, without notice and without leave of Court, and with One Hundred Dollars added as reasonable attorney's fee. ACCEPTANCE by the party of the first part of any of the aforesaid monthly payments after the same shall have become past due and in default, or any failure to enforce any of the rights herein reserved to ,he parties ot the first part, or any of the penalties, forfeitures, damages or conditions herein contained, shall not in any wise be considered a waiver of the right to enforce the same at any time without notice whatsoever, and any attempt to collect the amount due byone proceeding shall not be considered a waiver of the right to Institute any of the other proceedings herein provided, but all of the rlgbts of the party of the first part, and all forfeitures, penalties, damages and conditi.ons may be enforced together or successively at the option of tbe party of the first part. NO modification of this Agreement shall be binding upon tbe party of the first part, unless the same shall be in writing and duly approved by tbe party of tbe first part. THE interest of the party of the second part in this Agreement shall not be assignable, in whole or in part, without the prior written consent and approval of the party of tbe first part, and if such &ssignment is attempted, all rights and remedies of the party of the first part Set forth herein or which the party of tbe first part may otherwise have, shall immediately accrue to the party of the first part. Transfel' ot title by Will, survivorship or by descent shall not be regarded as an assIgnment requiring the consent and approval of the party of the first part. " THIS Agreement is to extend to and be binding upon the heirs, successors, executors, administrators and assigns, of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, consisting of four (4) pages. the day and year first above written, &~ c: .gA~~ Bertha E. Brownawell, also kJ50~ B.lt~ Brownew IlY:t!, ~ Way E. in act (SEAL) ~I f-~. , Terry E. Puller (SEAL) ~ ~nr;mr "',~.. ALL that certain tract of land with erected situate in the Borough of Carlisle, sylvania, bounded and described as follows: the improvements thereon Cumberland County, Penn- BEGINNING at a point on West side of Fairground Avenue at the dividing line between property known as 416 Fairground Avenue and the 'within described premises known as 418 Fairground Avenue; thence from said point at the Place of Beginning along the northern line of said land known as 416 Fairground Avenue, formerly of William H. Browna- well, North 82 degrees 30 minutes West a distance of 190 feet to a stake at an alley way; thence along line of said alley way, North 20 degrees West a distance of 41 feet to a stake at the dividing line between the within described premises known as 4lB Fairground Avenue and the premises adjoining on the North known as 420 Fairground Avenue; thence along the southern line of said premises known as 420 Fairground Avenue, now or formerly of LowrLe Beetem, South 75 degrees 30 minutes East a distance of 126 feet to a point; thence still along the southern line of said premises known as 420 Fairground Avenue, South 81 degrees 30 minutes East a distance of 57 feet to a point on the western line of Fairground Avenue; thence along said western line of Fairground Avenue, South OB degrees 45 minutes West a distance of 18.6 feet to a point at the Place of BEGINNING. THE above-described tract of land contains 4,898 square more or less, and has thereon erected a dilapidated two-story dwelling house and other improvements known as and numbered 41B ground ,",Venue. feet, frame Fair- THE above-described premises are all of the property which William D. Rinesmith, widower, by deed dated February lB, 1953, and recorded February IS, 1953, in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book "F", Volume IS, Page 214, granted and conveyed to William H. Brownawell and Bertha E. Brownawcll, husband and wife. The surname of said William H. Brownawell is also written Brownewell and he and his wife were known with their surname spelled both ways. The said William H. Brownawell having 'died on July 13. 1954, title to the same remained vested by operation of law solely in his surviving spouse, Bertha E. Brownawell, whose name is also written Bertha E. Brownewell, who is the party of the first part herein acting through her Attorney-in- F~ct. WHEREAS, dated April was admitted Register of Wills of CUMBERLAND County, Pennsylvania Certificate of Grant of Letters Testamentary No. 1994-00140 PA No. 2194-0140 ESTATE OF BROWNEWELL BERTHA E {LA~~, rlK~~, M1UUL~} a/k/a Late of BROWNAWELL BERTHA E NORTH MIDDLETON TOWNSHIP L:UMl:l~KLANU l.:UUN'l'Y, Deceased Social Security No. 164-30-4270 day of February on the 16th 3rd 1958 to probate as the last will of BROWNEWELL BERTHA E (L/\~'l', r lK~'l', M1UUL~) 1994 an instrument a/k/a BROWNAWELL BERTHA E late of NORTH MIDDLETON TOWNSHIP 31st day of January 1994 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, MARY C, LEWIS , Register of Wills in and for the County of CUMBERLAND in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to WILLIAM JAMES BROWNAWELL who has duly qualified as Executor(rix) and has agreed to administer the estate according to law, all of appears of record in my Office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA IN TESTIMONY WHEREOF, of my Office the 16~~ day , CUMBERLAND County, who died on the which fully I have hereunto set my hand and of Februa!y_ 1994. affixed the seal (/Jf-l<f/l.l~~ tI egls B ~\\\\t ..e , I. . : . ..; ...:: .' " ,',' . . . . ~ : .,'",,,,, ' , ' " , '.' .' :' ). .. ~ I . ,.,e' ," ',', , .,', "',-"'.':, '\,'.'., <~'I',' ,,'>-:". .\,,:.....1 1;;'.':'~"'.I~"'\.:,'J;,!~.,<",:;:,>,:.'i"~.,:., "":'~;' ':.~)':, \....'/.,.;.,\, .' i','l \ :; ",." .' ,.,IV'",l. ':'".'.i~,il"..1Jttr.1""':i!:\':.::';'j"l\~.ii~~~'~l'~""""'''':~'~''~ ,1'." \,.: '",\ I' I ,~,.,'. .",..' ",,, J .'f"'ol , ". 0,. , '. ""'" ~ .,~ _ _. . ~ O. _ ., , . . NOTICE OF INTENTION TO FORECLOSE INSTALLMENT SALE AGREEMENT The Installment Sale Agreement held by William James Brownawell, Executor of the Last Will and Testament of Bertha E. Brownewell (hereinafter we, us or ours) on your property located at 418 Fairground Avenue, Carlisle, Pennsylvania, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $1 00.00 as required by the Installment Sale Agreement. You have failed to make required principal payments totalling $5,018,70 and interest payments of $1,808.51 The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $6,827.21. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of TOTAL, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check, or money order, and made at 5 South Hanover St.reet, Carlisle, Pennsylvania 17013. If you do not cure the default within THIRTY (30) DA YS, we intend to exercise our right to accelerate the installment sale agreement payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original instaliment sale agreement in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to to start a laws,uit to foreclose your property. If the installment sale agreement is foreclosed your d property will be sold by the sheriff to payoff the installment sale agreement debt, If legal proceedings are started against you, you will have to pay the reasonable attorney's fees.. Any attorney's fee will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thil.ty-day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal and all other sums due under the installmcnt sale agrcement. We may also sue you in Ejectment to obtain possession of the premises. If you have not cured the default within the thirty-day period and foreclosure procecdings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the sheriff's foreclosure sale, You may do so by pa)'ing the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the installment sale agreement. It is estimated that the earliest date that such a sheriff's sale could be held would be approximately June, 1999, A notice of the date of the sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required paymcnt will be by calling us at the following number: (717) 243-5838, This payment must be in cash, cashier's check, cefllflCd chc<:k, or money order and made payable 10 us at the address stated abo\'c, You should realize that a sheriff's sale will end your ownership of the property and your right to remain in it. If you continue to live in the propeny after the sheriff's sale, a lawsuit could be started to evict you, EXH18tT ''fI' >. crt t 3' (', c, ... .'" \...l- I , ~ ") (-: - 0 ~ ." .:r'\. : ~.: ...; ::~, C"') ,.... .- I,:',:' ~ (','j ~ !, , r-, ,',"] '::t- ;" I , , 'C " ;-., :', :"iJ ~ ()o ..:.: :':1- ~ .....: :.~ ~ .. 0 ~ . ..D IL r:r\ u) "'\() U 0' U ~ . CJ . -a "\!) v ~ ~ r:L' 0 z ~ ~ <f.l Eo- ~z 0 :s ...: ...l...: "...l co ~ Z rj...l ""...l Eo- '" C) " CD E ...l ~ ~ o~ "",on Po.~ :::s >....:1 en> ~ 1U~~;;~ '" :;:~ OJ:;: ~ .., ~ zz "':Eo- ~ ~ ...J~:n;::C\1 - 0;:> ...l C) ZEo-~Sz ...l Z - < > - ,~ :so::: z~ ::<f.lO...l:: ...l ... - t-cho~~ > ;:> " r.:5 :sC)z -~ O"':Eo-~o "- co Eo- oes ~ ~ .. t::. "- ~ OQ"': I ~...lz::p::: :;:; '0 Z >ZJ:~(D ~ " - C)Z:; z'g Cl~~~Cl " ..s OJ ...: W~J:~r:: <f.l::t:::S z . '0; "- - ~ 0 ~...: >< 0 co ~ Eo-...::: ~ s; >< OJ ...l 0:1:5"''''' 0 Po. lJ...<cnCJg. 0; ~ 1= t: :s~,~o<<: ~ :s ~ ~ on Eo-~z ~<f.l "':o~~::t:: ~ 0 ~Cl ~ Po. .., Eo-ClEo- Eo- C) ;:>:E Po. ...l:E :;;:~ ~~ 0;:> _;:> ...:~ ...:~ .. - C)C) > <f.l - Cl ... U<f.l ...l::J ::c '" '" ~~ ...: ...l C) Eo- to ;: ::eo z >4:1 cr: 0 I C) en Eo- _ ->c: ;;.:: '" z ~ Cl ci - z SHERIFF'S RETURN - REGULAR CASE NO: 1999-02762 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROWNAWELL WILLIAM JAMES ET AL VS. FULLER TERRY E DAWN KELL , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon FULLER TERRY E the defendant, at 13:28 HOURS, on the 11th day of May 1999 at 430 FAIRGROUND AVE CARLISLE, PA 17013 ,CUMBERLAND County, Pennsylvania, by handing to TERRY FULLER a true and attested copy of the NOTICE AND COMPLAINT IN together with ASSUMPSIT & EJECTMENT and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavi t Surcharge So answ~ . ~t Ir.-a-nrne, ~ff FRFlY & TILEY 05/12/1999 by 18,00 3,10 ~.OO Q,OO $ .:1..'1' LV '8~~t ~ - Gt lJepucy ::;herJ.ff , , "', ,'l . i','. "'," ..' -. ..,' r' ':, _ ',. ,'. ~ ,." '.. ' . . ,I . , " , . ',,' .' . Sworn and subscribed to before me this /.; '3- day of /;~ A'f 19 '1"1 A . D , ~. ~r~tc:,t1P7 ~ c:, '.. c: E;: , c:.-=; ~!~ <'( , 1,U ;;";' '..2 . :..' ~. , , =..;;... ,','" .,;: <i {.~'~ . ~- , r-. " \0 , ;";! Ii: , :;z :.>... tLJ " :'::1 .,'.1 'l. -, :.~ u.. en :::> u <..'""' U . I 1 '" tt "- i -- C) , >- C!) r-- cr, c: -, r( ,. ~'- ;::~~-) , 1-- r:; \ ~ n IU~. !,.):--.: ~:,2 C':, .- % ~'i: . 1 \1." ;'_:~ ~~ '-'-( c() ( ff) ~ r-' .! ;:'~; ~ L:.1 ~ I' ._~_ u. ; IUJ , ~ U:. ilL =' , , ::s ....... ,. IT> U Ll 0' " ,~ , .,'. ,.... ~' ". \ ') '. , .. . . William James Brownawell, Executor of the Last Will and Testllmcnt of Bertha E. Brownewell, 1I1so known as Bertha E, Brownawell IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNS YL VANIA CIVIL ACTION - LAW NO. 99-2762 CIVIL TERM IN ASSUMPSIT lInd EJECTMENT PLAINTIFF, vs. Terry E, Fuller, DEFENDANT AFFIDAVIT OF NON.MILlTARY SERVICE Robert G. Frey, being duly sworn according to law, deposes and says that: I. He is the attorney for the Plaintiff in the above-captioned action. 2. The Defendant is Terry E. Fuller. 3. Defendant lives in the Borough of Carlisle, Cumberland County, Pennsylvania, his last known address is 430 Fairground A venue, Carlisle, Pennsylvania. 4. The Affiant has personal knowledge of the Defendant and aftinns that the Defendant is not employed in the military or naval services of the United States or its allies, and is not othelwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its amendments. Sworn to and Subscribed before me this 4th day of June, 2000 GQ~.~ Robert G. Frey ~ ~u I I I I I -- C) t {f-- (', , , "5 ..-- ,~ : to: ) ,.; I I .'- ,,~~.. I s:. .- "'.... i -.. I " :7~ (~j '.1 ) il) I : 1 Z~ ~, ,<- ".. t,lI =:; ~,::lfj- ,."-, <::l ~~:) ( , :;:) U , '. ' , . . ., ., " ", ", ," , " . IN '!liE CXXJR1' OF a:r+tlN PLEAS OF CltolBERIAND <XXlNl'Y, PENNSYLVANIA CIVIl, DIVISION William James Brownawell, Executor of the Last Will and Testament of Bertha E. Brownewell, also known as Bertha E. Brownuwell, Plaintiff File No. 99-2762 Anount Due $7 .936.16 Interest 588.06 Atty's Comn Costs vs. Terry E. Fuller, Defendant 'IO THE PRO'IHON::YI'ARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as arrended; and for real property pursuant to Act 6 of 1974 as arrended. PRAOClPE FOR EXEOJI'ION Issue writ of execution in the above ITI3.tter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) RpJl1..E..<::tntp with thp imprnvprnpntc:. thprf.1nn Prl3If"'tpn """'knnwn R~ 41 A. FAirgrnllnti Avenue, Carlisle, Pennsylvania. See Legal description attached. PRAECIPE FOR ATTJ\OMENI' EXEOJI'ION Issue writ of attach:rent to the Sheriff of County, for debt. interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description: supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant ( s) described in the attached exhibit I C- DATE: April 2..'i' ,2000 Signature: \I~~ --td V Print Nil!TlC: Address: Robert G. FreY 5 South Hanover Street Ca_r.lis1e PA 17013 Attorney for: Plaintiff Telephone: 717-243-5838 Suprcn~ CoUYt JD NJ.: 46397 . . .' " . ' . I ,'; ~ -', ' ' ". ~.". ' r '~: . .. ',.. . " .. .' -',.' . . ~, '..". ' . - ,~~~ In r- r:: .. .~~ , ~~ . , " - -, -. ", ,-- '" ,-.) :-' " ,"f/) ).--:-: ::s I...~ :~. !l_u -, ..i" ....- , 1 Cl ~i '- '-"> (J it.".., 'Rl 1-lJ , <::\ .""-' '- ~ " I ~ ~ ~ ~ ~ ~ lJ) ~ 1-\ ~ ~~ ,* ~ , \ ~ j ~~~\J I. ,\J\'I:\\.\)" , ~ \Jo.. ~ ~\:JI~~ '0 ~~~')~, '- ~~ ~ ~ -.....) ~~ -- \ '.T~ 4.TM adroap~d e.pxedas aTr] '.r~ xepuT OL '. sn ]0 sardo:> .mo.1 ATddns '. sn An1?UOs~ad All.6uaT n '(6GTC .~. 'd'J'~Pd) dr4s~eUMo .10 .,APPTJJP ]0 Adoo pu1? tpUr6r~0 ut' put' s.uaue^O~d.lrr 6uTpnTOUr uondp::>sap ]0 s,ndoo >.,s ATddns 'ApadD.1d TPa~ n :se.ON William ,!lImes Browllllwell, Executor of the LlIst WlIIlInd Testllment of Bertha Eo Brownewell, lIlso known liS Bertha E. IIrownawell IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYL VANIA CIVIL ACTION - LAW NO. 99-2762 CIVIL TERM IN ASSUMPSIT and EJECTMENT PLAINTIFF, vs. Terry E, Fuller, DEFENDANT AFFIDA VIT PVnSVANT TO IWLE 3129 Robert G. Frey, attorney for William Jmnes Brownawell, Executor of the Last Will and Testament of Bertha E. Brownewell, also known as Bertha E. Brownawell, Plaintiff in the above- captioned action, sets forth as of the dale that the Praecipe for the Writ of Execution was filed. The following information concerning the real property located at 418 Fairground Avenue, Carlisle, Cumberland County, Pennsylvania, and more particularly described in a complete description thereof which is attached hereto as Exhibit" An and incorporated herein by reference as though fully set forth, as follows: I. The name and address of the owner or reputed owner of legal title is the Bertha E. Brownewell Estate, clo Robert M. Frey, 5 South Hanover Street, Carlisle, Pennsylvania 17013. The name and address of the owner or reputed owner of equitable title is Terry E, Fuller 430 Fairground Avenue, Carlisle, Pennsylvania 17013. 2. The name and address of the Defendant in the judgment is Terry E. Fuller 430 Fairground Avenue, Carlisle. Pennsylvania 17013. 3. The names and last known addrl'sses of every judgment creditor whose judgment is a record lien on the real estate to be sold arc as follows: Cumberland County Tax Claim Bureau I Courthouse Square Carlisle, Pennsylvania 17013 -I. The names and addresses of the last recorded holder of every mortgage of record other (han the m0l1gage which is the subject of (his action arc as follows: None. " ..' \ : ,.., ' .' " . ',' . , ',' \ ' , " . I : . ' " . ': '_ .' -' : . 5. The names and addresses of all other persons who havc any record interest in or record lien on the real estate and whose intercstmay be alTccted by thc sale arc as follows: Benha E. Bl'Ownewell Estate c/o Roben M. Frcy 5 South Hanovcr Street Carlislc, Pennsylvania 17013 Ten')' E. Fullcr 430 Fairground A venue Carlisle, Pcnnsylvania 17013 6, The names and address of all other persons of whom the Plaintiff has knowledgc who havc any intercst in the rcal cstate which may be affccted by thc sale are as follows: Carlisle Area School District Borough of Carlisle c/o Darlene Moyer c/o Darlene Moyer ~QBml~ ~QBml~ Carlisle, Pennsylvania 17013 Carlisle, Pennsylvania 17013 Borough of Carlisle 53 West South Street Carlisle, Pennsylvania 17013 Ted Fuller or current resident 418 Fairground Avenue Carlisle, Pennsylvania 17013 I vcrify that the statcments made in this Affidavit are truc and correct to the best of my personal knowledge, information, and belicf. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. *4904 relating to unsworn falsification to authorities. Date: June 4, 2000 ~~\:Si -, A~ Roben G. Frey / .'>- %" I..: I.'. (-, (.;\:. /-~:. ' ("\1 ]"\ ~ " ". (.,' ..:1' & :f:: ''- c ~ ~)'7" ~.]~ -~") ;::; ';:.... > ~ f/) J/- .... .:? '~!JI.J.l ;.I)(~ ~.. ::> u . . . '.. " ')':'. . . ", .~. ~. ::'~~i ~ C a , " , '" ALL THAT CERTAIN tract of land with the improvements thereon erected situate in th~ Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to WII: BEGINNING at a point on West side of Fairground Avenue mthe dividing line between property known as 416 Fairground A venue and the within described premises known as 418 Fairground A venue; thence from said poinl at the Place of Beginning along the northern line of said land known as 416 Fairground Avenue, formerly of William H. Brownawell, North 82 degrees 30 minutes West a distance of 190 feet to a stake at an alley way; thence along line of said alley way, North 20 degrees West a distance of 41 feet to a stake at the dividing line between the within described premises known as 418 Fairground Avenue and the premises adjoining on the North known as 420 Fairground A venue; thence along the southern line of said premises known as 420 Fairground A venue, now or formerly of Lowrie Beetem, and now of Shirley M. Brown, South 75 degrees 30 minutes East a distance of 126 feet to a point; thence still along the southern line of said premises known as 420 Fairground A venue, South 81 degrees 30 minutes East a distance of 57 feet to a point on the western line of Fairground A venue; thence along said Western line of Fairground Avenue, South 08 degrees 45 minutes West a distance of 18.6 feet to to a point, the Place of BEGINNING. THE above-described tract of land contains 4,898 square feet, more or less, and has thereon erected a two-story frame dwelling house and other improvements known as and numbered 418 Fairground Avenue, THE above-described premises are all of the property which William D. Rinesmith, widower, by deed dated February 18, 1953, and recorded February 18, 1953, in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book "P', Volume 15, Page 214, granted and convey to William H. Brownawell and Bertha E. Brownawell, husband and wife. The surname of said William H. Brownawell is also written Brownewell and he and his wife were known with their surname spelled both ways, The said William H. Brownawell having died on July 13, 1954, title to the same remained vested by operation of law solely in his surviving spouse, Bertha E. Brownawell, whose name is also written Bertha E. Browewell. THE SAID Bertha E. Brownewell, also known as Bertha E. Brownawell entered into an unrecorded Agreement of Sale dated September 30, 1988 with Terry E. Fuller, single man, providing for an installment sale of the above described property. Tax Parcel No.: 06-20-1798-314 '- ~ ~ iJ.~ "'l r_ ,. {Sl ::J<t' . :~~ I.. I-J~:.; l~' -: ');'c L_ " ~."- r".)~ -;1"" c_(( .,.c:_. r- 'n '," :'l:~ .. I ;,~ "':7 ..-...""'- :';3 cUIU ':Ja... -. :..~ ,:.. ,7.) :::) (..J 0 (,) . , William James Brownawell, Executor Of the Last Will and Testament of Bertha Brownawell, also known as Bertha E. I3rownewell -vs- Terry E. Fuller In the Court of Common Pleas of Cumberland County, Pennsylvania No. 1999-2762 Civil Dawn L. Kell, Deputy Sheriff, who being duly sworn according to law, says on June 12,2000 at 9:52 o'clock A.M. EDST, he served a true copy of Real Estate Writ Notice and Description in the above entitled action upon the within named defendant to wit: Terry E. Fuller by making known unto Terry Fuller at 430 Fairground A venue, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. Richard E. Smith, Deputy Sheriff, who being duly sworn according to law, says on July I I, 2000 at ] :55 o'clock P.M. EDST, he posted a copy of Real Estate Writ Notice Poster and Description on the property located at 418 Fairground A venue, Carlisle, Cumberland County, Pennsylvania according to law, R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant to wit: Terry E. Fuller by regular mail to 418 Fairground Avenue, Carlisle, Pennsylvania. This letter was mailed under the date of July ]2,2000 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law exposed the above described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on September 6,2000 and sold the same for the sum of$ 1.00 to Attorney Robert G. Frey for William J, Brownawell Executor of the Last WiII and Testament of Bertha E. Brownawell. It being the highest bid and best price quoted for the same Robert G. Frey, et al being the buyer in this execution paid to R. Thomas Kline, Sheriff the sum of$ J ,129.04 it being costs. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Decd Auctioneer Law Librnry County Mileage Certified Mail Levy Surcharge 30.00 22.14 15.00 15.00 30.00 10,00 .50 1.00 6.20 .74 15,00 20,00 Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed 474.65 413.78 23.53 25.00 26.50 $ 1,129.04 Pd by atty 09/06/00 Sworn and Subscribed To Before Me This~Dayof{JLf;;'b , ?~~:A' 2000, A.D(l ~v 0 /Y1df-..J <#' .~ Prothonotary , R. Thomas Kline, Sheriff By P;r,A~ ~ Real Estate Deputy {V '30. ) IY' IV l.'" .,1) \, CJ{J?6';1 ~~.... /c.;J(,.l- , ,or'" ''\ William James Brownawell, Executor of the Last Will and Testament or Bertha E. Brownewcll, also known as Bertha E. Brownawell IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYL VANIA CIVIL ACTION - LAW NO. 99-2762 CIVIL TERM PLAINTIFF, vs. IN ASSUMPSIT and EJECTMENT Terry E. Fuller, DEFENDANT AFFIOA VIT PURSUANT TO RULE 3]29 Robert G. Frey, allomey for William James Brownawell, Executor of the Last Will and Testament of Bertha E. Brownewell, also known as Bertha E. Brownawell, Plaintifr in the above- captioned action, sets forth as of the date that the Praecipe for the Writ of Execution was filed. The following information concerning the real property located at 418 Fairground Avenue, Carlisle, Cumberland County, Pennsylvania, and more particularly described in a complete description thereof which is attached hereto as Exhibit "A" and incorporated herein by reference as though fully set forth, as follows: 1. The name and address of the owner or reputed owner of legal title is the Bertha E. Brownewell Estate, c/o Robert M. Frey, 5 South Hanover Street, Carlisle, Pennsylvania 17013, The name and address of the owner or reputed owner of equitable title is Terry E. Fuller 430 Fairground Avenue, Carlisle, Pennsylvania 17013. 2. The name and address of the Defendant in the judgment is Terry E. Fuller 430 Fairground Avenue, Carlisle, Pennsylvania 17013. 3. The names and last known addresscs of every judgment creditor whose judgment is a record licn on the real estatc to bc sold are as follows: Cumberland County Tax Claim Bureau I Courthouse Square Carlisle, Pennsylvania 17013 4. The names and addresses of the last recorded holder of every mortgage of record other than the mortgage which is the subject of this action are as follows: None, " 5, The names and addresses of all other persons who have any record interest in or record lien on the real estate and whose interest may be affected by the sale are as follows: Bertha E. Brownewell Estate clo Robert M. Frey 5 South Hanover Street Carlisle, Pennsylvania 17013 Terry E. Fuller 430 Fairground Avenue Carlisle, Pennsylvania 17013 6. The names and address of all other persons of whom the Plaintiff has knowledge who have any interest in the real estate which may be affected by the sale are as follows: Carlisle Area School District Borough of Carlisle clo Darlene Moyer clo Darlene Moyer p, O. Box 128 P. O. Box 128 Carlisle, Pennsylvania 17013 Carlisle, Pennsylvania 17013 Borough of Carlisle 53 West South Street Carlisle, Pennsylvania 170 J3 Ted Fuller or current resident 418 Fairground Avenue Carlisle, Pennsylvania 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. ~4904 relating to unsworn falsification to authorities. Date: June 4, 2000 ~~'-.Lf. ~ Robert G. Frey ,.., ,.( ...:\ . .. I,' \' '" :\:,,;'::,., >,\ ~':". :.,~ ;:: II; '~::~"~"\.:."'''Il.;.: J'~~';+'\'~'~:';~' ,.;.~,~,. "~"~<:, '\:'~\:: /.,,:\ (}"'::-~: 'I~, '/ ,<'J:'> \.'\~::'I /:.:' '~. ..:.. '.: " :.: . " ....... i:-~~, orr::,'" (', \ -' ~ ' . q ~,::~~F JUll 1 3 '~~.~ i' i~( \ FE" :'" " r', ~ ,'. \ ,," OfT:~ , ,'c\!,;o. ("'" 'In' , JUN 7 ') " .;, " r L , , ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on West side of Fairground Avenue at the dividing line between property known as 416 Fairground Avenue and the within described premises known as 418 Fairground A venue; thence from said point at the Place of Beginning along the northern line of said land known as 416 Fairground Avenue, fonnerly of William H. Brownawell, North 82 degrees 30 minutes West a distance of 190 feet to a stake at an alley way; thence along line of said alley way, North 20 degrees West a distance of 41 feet to a stake at the dividing line between the within described premises known as 418 Fairground Avenue and the premises adjoining on the North known as 420 Fairground A venue; thence along the southern line of said premises known as 420 Fairground A venue, now or formerly of Lowrie Beetem, and now of Shirley M. Brown, South 75 degrees 30 minutes East a distance of 126 feet to a point; thence still along the southern line of said premises known as 420 Fairground A venue, South 81 degrees 30 minutes East a distance of 57 feet to a point on the western line of Fairground Avenue; thence along said Western line of Fairground Avenue, South 08 degrees 45 minutes West a distance of 18,6 feet to to a point, the Place of BEGINNING. THE above-described tract of land contains 4,898 square feet, more or less, and has thereon erected a lwo-story frame dwelling house and other improvements known as and numbered 418 Fairground Avenue, THE above-described premises are all of the property which William D. Rinesmith, widower, by deed dated February 18, 1953, and recorded February 18, 1953, in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book "F", Volume 15, Page 214, granted and convey to William H. Brownawell and Bertha E. Brownawell, husband and wife. The surname of said William H. Brownawcll is also written Brownewell and he and his wife were known with their surname spelled both ways. The said William H. Brownawell having died on July 13, 1954, title to the same remained vested by operation of law solely in his surviving spouse, Bertha E. Brownawell, whose name is also written Bertha E. Browewell. THE SAID Bertha E. Brcwncwell, also known as Bertha E. Brownawell entered into an unrecorded Agreement of Sale dated September 30, 1988 with Terry E. Fuller, single man, providing for an installment sale of the above described property. Tax Parcel No.: 06-20-1798-314 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587. AODroued May 16. 1929 Commonwealth of Pennsylv811is, County of Dauphin) sa James L. Clark being duly sworn according to law, deposes and says: That he Is the Accounts Receivables Manager of THE PATRIOT-NEWS CO" a corporation organized and existing undar, ths laws of the Commonwealth of Pennsylvania, wllh Its principal office and place of business at B12 to B1B Market Street, in ths City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT- NEWS and THE SUNDAY PATRIOT.NEWS newspapers of general circulation, printed and published at B12 to BIB Market Street. in the City, County and State aforesaid; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT.NEWS were establlshsd March 4th, lB54, and September lBth, 1949, respectively, and all havs been continuously published ever since; That the printed notice or publication which Is securely allached hereto is exactly as printed and published In their regular dally and/or Sunday and Metro editions/issues which appeared on fhe 1st, 81h and 15th day{s) of August 2000. That neither he nor said Company is Interested In the subject maller of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said com~y and subsequently duly recorded In the office for the Recording ot Deeds In and for said County of Dauphin In MI~eHaneous Book "M", V;::~~'::~I:~ , ________________S_____________________________ COpy Sworn to and subscribed ~~;e m Is 30th da' f Au 2000 A,D. S ALE #38 Notanal Seal Tetry l. Russell, Notary Publl Harri&burg. Dauphin COunty MV Commissior. Expires June 6. TARV PUBLIC mission expires June 6, 2002 Menlber, P~nnsylvanla ASSOCIaUon of Notaries CUMBERLA"JD COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURlHOUSE CARLISLE, PA, 17013 Statement of Advertising Costs To THE PATRIOT.NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 412.2B 1,50 413.7B Publisher's Receipt for Advertising Cost THE PATRIOT-NEWS CO., publisher of THE PATRIOT.NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of genaral circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have beon duly paid. THE PArRIOT-NEWS CO. By,..,...,..,..,.".,...,..,..,..,....,.""..................,....... , . . . , . ' ,,:. .'.,' ':. ... .,... ':..'....' ", "".'" ::":',.' " .:.:' ,: ", . ,:. .. '.....:'..,' , William James Brownawell, Executor of the Last Will and Testament of Bertha E. Brownewell, also known as Bertha E, Brownawell PLAINTIFF, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYL VANIA CIVIL ACTION - LAW NO. 99-2762 CIVIL TERM IN ASSUMPSIT and EJECTMENT Terry E. Fuller, DEFENDANT AFFIDA VIT PURSUANT TO RULE 3129 Robert G. Frey, attorney for William James Brownawell, Executor of the Last Will and Testament of Bertha E. Brownewell, also known as Bertha E, Brownawell, Plaintiff in the above- captioned action, sets forth as of the date that the Praecipe for the Writ of Execution was filed. The following information concerning the real property located at 418 Fairground Avenue, Carlisle, Cumberland County, Pennsylvania, and more particularly described in a complete description thereof which is attached hereto as Exhibit "A" and incorporated herein by reference as though fully set forth, as follows: I . The name and address of the owner or reputed owner of legal title is the Bertha E, Brownewell Estate, clo Robert M, Frey, 5 SOUlh Hanover Street, Carlisle, Pennsylvania 17013. The name and address of lhe owner or reputed owner of equitable title is Terry E. Fuller 430 Fairground Avenue, Carlisle, Pennsylvania 17013. 2. The name and address of the Defendant in the judgment is Terry E, Fuller 430 Fairground Avenue, Carlisle, Pennsylvania 17013. 3. The names and last known addresses of every judgment creditor whose judgment is a record lien on the real estate to he sold are as follows: Cumberland County Tax Claim Bureau I Courthouse Square Carlisle, Pennsylvania 17013 4. The names and addresses of the last recorded holder of every mortgage of record other thanlhe mortgage which is the subj<'ct of Ihis action are as f(ll1o\\'s: None. '>- CI , ;>: j.-: ,-:': C~~ ) ,- , , , , -, , I '., -) .. d V, 1 fl- . , -.'. J ~:",) u , , ' . , .,' .' . .., . \ , " . . . : "" ", William James Ilrownawell, Executor of the Last Will and Testament of Ilertha E, Ilrownewell, also known as Ilertha E. Ilrownawell IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA CIVIL ACTION.. LAW NO. 99-2762 CIVIL TERM IN ASSUMPSIT and EJECTMENT ... " ,o, ' . " " '. . ~, ",."...,'.,.' " \ .,',. , 'I . ': . , . ' _' . . . '..' .'. PLAINTIFF, vs. Terry E. Fuller, DEFENDANT AFFIDAVIT OF NON.MILlTARY SERVICE Robert G. Frey, being duly sworn according to law, deposes and says that: I, He is the attorney for the Plaintiff in the above-captioned action. 2. The Defendant is Terry E. Fuller, 3. Defendant lives in the Borough of Carlisle, Cumberland County, Pennsylvania, his last known address is 430 Fairground Avenue, Carlisle, Pennsylvania. 4. The Affiant has personal knowledge of the Defendant and affinns that the Defendant is not employed in the military or naval services of lhe United States or its allies, and is not otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its amendments. ~D--.d Sworn to and Subscribed before me this 271h day of ~ ' 2000 I'Ivr,,-r pI;~) -') /c; NOTARlf.I.lIl!Al B1VtI!:N D. TlI.EY, NOTARY PIIIllJC CARIJIL! eooo, CUU3ER\AN:) COUNlY, PA NY COIIIIISSIOll EXPIRES JUN! 12, 2C)4 -. William James Brownawell, Executor of the Last Will and Testament of Bertha E. Brownewell, also known as Bertha E, Brownawell IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ,PENNSYLVANIA CIVIL ACTION - LAW NO. 99-2762 CIVIL TERM IN ASSUMPSIT and EJECTMENT PLAINTIFF, vs. Terry E. Fuller, DEFENDANT AFFIDAVIT OF SERVICE AND NOW, this September 5,2000, I, Robert G. Frey, Attorney for William J. Brownawell, Executor, Plaintiff in the above-captioned matter, hereby swear that I have served Notice of Sheriff Sale in the above-captioned matter upon the below listed individuals, by depositing same in the United Slates Mail, postage prepaid, first class mail on June 18,2000: Terry E. Fuller 430 Fairground A venue Carlisle, Pennsylvania 17013 Carlisle Area School District c/o Darlene Moyer P. O. Box 128 Carlisle, Pennsylvania 17013 Borough of Carlisle 53 West South Street Carlisle, Pennsylvania 17013 Cumberland County Tax Claim Bureau I Courthouse Square Carlisle, Pennsylvania 17013 Borough of Carlisle c/o Darlene Moyer P. O. Box 128 Carlisle, Pennsylvania 17013 Ted Fuller or current resident 418 Fairground Avenue Carlisle, Pennsylvania 17013 I verify that the statements made hcrein arc true and com:ct and understand that fabe statements herein are made subject to the penalties of 18 Pa. C. S, A, ~ 4904 relating to unsworn falsification 10 authorities. Dated: September 5. 2000 V~.G -1- 'l~,,_ Robert G. Frey 2J Attorney fur Plaintiff 5 SOllth Hanover Street Carlisle,l'ennsylvania 17013 C (717) 243-5838 ~:' ~ ('... I::_~ t. ',j- .' -' . "",,, ,', '. .. '.' . . ".. , . j :." ~ , ' .:. ~ ,- , ' , "