HomeMy WebLinkAbout04-1504IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN W. GUTSHALL and
JOYELL T. GUTSHALL,
Plaintiffs,
vs.
BRUCE K. DEVONSHIRE and
LAUREN A. DEVONSHIRE,
Defendants.
TO: DEFENDANT(S)
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS
FROM SER ICI E R A EFAULT JUDGMENT
MAY BE E AINi r&O
ATTO E) FBW,RLARITIFF
I HEREBY CERTIFY THAT THE ADDRESS
OFTHE PLAINTIFF IS.
303 Oakville Road. Shippensbur6. PA 17257
AND THECEFEND NT(S
ATTO Y AINTIF
249 Lo lisle, PA 17013
CERTIFIC E OF L.O*FHIS 1 HEREBY ERTIFY ATION OF
THE REAL E LIEN IS
303 Oakv PA 17257
ATTO EY FOR i'IFF
Li
CIVIL DIVISION
NO.: OV - /soy
eLU; C, 1?
TYPE OF PLEADING
CIVIL ACTION - COMPLAINT
TO QUIET TITLE
FILED ON BEHALF OF:
Bruce K. Devonshire and Lauren A. Devonshire,
Plaintiffs
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
JAMES, SMITH, DIETTERICK &
CONNELLY LLP
P.O. BOX 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN W. GUTSHALL and CIVIL DIVISION
JOYELL T. GUTSHALL,
Plaintiffs NO.:
VS.
BRUCE K. DEVONSHIRE and
LAUREN A. DEVONSHIRE,
Defendants
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD
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.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN W. GUTSHALL and CIVIL DIVISION
JOYELL T. GUTSHALL,
Plaintiffs NO.:
vs.
BRUCE K. DEVONSHIRE and
LAUREN A. DEVONSHIRE,
Defendants
AVISO
USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los
proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte
por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero 0 propieded u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME A VAYA A
LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR
ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN W. GUTSHALL and CIVIL DIVISION
JOYELL T. GUTSHALL,
Plaintiffs NO.: 0q, 1 ? oq
vs.
BRUCE K. DEVONSHIRE and
LAUREN A. DEVONSHIRE,
Defendants
COMPLAINT TO OUIET TITLE
AND NOW, comes the Plaintiffs, John W. Gutshall and Joyell T. Gutshall, by their
attorneys, James, Smith, Dietterick & Connelly LLP and files this Complaint to Quiet Title as
follows:
The Plaintiffs, John W. Gutshall and Joyell T. Gutshall, are adult individuals
whose last known address is 303 Oakville Road, Shippensburg, Pennsylvania 17257 (collectively
"Plaintiffs").
2. Defendants, Bruce K. Devonshire and Lauren A. Devonshire, are adult individuals
whose last known address is 249 Longs Gap Road, Carlisle, Pennsylvania 17013 (collectively
"Defendants").
3. Plaintiff is the owner of the premises known as 303 Oakville Road, Shippensburg,
Pennsylvania ("Premises") having purchased the same from the Farmers and Merchants Trust
Company of Chambersburg by Deed dated March 12, 2004
5. The Premises was previously purchased by F & M Trust through Sheriff Sale
under Cumberland County Docket No. 2003-1147 as the property of Robert L. Allen, Jr. and Jodi
B. Allen and as evidenced by the Deed from the Sheriff of Cumberland County, dated January 8,
2004 and recorded January 12, 2004 at Deed Book Volume 261, Page 1106 ("Sheriffs Deed"). A
true and correct copy of said Sheriff s Deed is marked Exhibit "A", attached hereto and made a
part hereof.
6. The Robert L. Allen, Jr. had previously purchased the property from Esther F.
Weaver and Elwood L. Weaver, by Deed dated July 19, 1991 and recorded January 7, 1992, in
the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book Volume
L35, Page 1094.
Prior to conveying the property to Robert L. Allen, Jr., Esther F. Weaver had
entered into a Sales Agreement for the Sale ad Purchase of Real Estate to sell the premises to
Defendants by Agreement dated June 12; 1989 and recorded July 26, 1989 in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania in Record Book 367, Page 27 ("Sales
Agreement'). A true and correct copy of said Sales Agreements is marked Exhibit "B", attached
hereto and made a part hereof.
8. Said Sales Agreement expired on June 25, 1990 by its terms, and no Deed was
ever executed by Esther F. Weaver to the Defendants for conveyance of the Premises.
9. Consequently, Plaintiffs believe, and therefore aver, that Defendants have no
remaining right, title or interest, at law or in equity, with respect to the Premises.
10. Defendants should be barred from asserting any right, lien, title or interest in and
to the Premises known as 303 Oakville Road, Shippensburg, Pennsylvania by reason of the
expiration of the Sales Agreement, and the subsequent conveyance of the property by the
Weavers to the Allens, which expiration and conveyance terminated all of their right, lien, title or
interest in and to the aforesaid Premises.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court:
A. Enter an Order that Plaintiff, John W. Gutshall and Joyell T. Gutshall, are the
legal owners of the Premises known as 303 Oakville Road, Shippensburg, Pennsylvania; and
B. That the Defendants, Bruce K. Devonshire and Lauren A. Devonshire, and any
persons claiming under them, be forever barred from asserting any right, lien, title or interest in
and to 303 Oakville Road, Shippensburg, Pennsylvania inconsistent with the interest or claim of
the Plaintiff.
Respectfully Submitted:
JAMES, SMITH, DI RICK &
CONNELLYAAP
By:
Scott A. Dietterick, Esquire
Attorney I.D.#55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
EXHIBIT "A"
Tax Parcel No. 30-25-0116-037
- - -1 _
.r ._.. it ..rr Jam.
Know all Men by these Presents = r' n
That I, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of
Pennsylvania, for and in consideration of the sum of 51.00, (One Dollar), to me in hand
paid, do hereby grant and convey to Farmers and Merchants Trust Companv of
Chambersbur2.
REAL ESTATE SALE No. 74
Writ No. 2003-1147
Civil Term
Farmers and Merchants Trust
Company of Chambersburg
Vs
Robert L. Allen, Jr. and
Jodi B. Allen
Atty.: Scott Dietterick
DESCRIPTION
ALL THAT certain real estate
situated in the Village of Oak-ville.
Township of North Newton,
County of Cumberland and State
of Pennsvlvania, bounded and
described as follows, to wit
BEGINNING at a point in
Main Street in said Village of
Oakville: thence Northeast by land
now or formerly of Mrs. Stella
Stamey one hundred sixty (160)
feet to a point in an alley; thence
by said alley Southeast to a point
in line of property now or formerly
of R. J. Myers; thence Southwest
by said lands now or formerly of
Myers one hundred sixty (160)
feet to a point in said Main Street:
thence along said Main Street
Northwest sixty-one (61) feet to
the place of BEGINNING, improved
with a two-story dwellin, house.
HAVING thereon -erected a
dwelling house being known and
numbered as 303 Oakville Road.
Shippensburg, Pennsylvania 17257.
BEING the same premises
which Esther F. Weaver and
Elwood L. Weaver, her husband
by their Deed dated July 19, 1991
and recorded on January 7, 1992
in and for Cumberland County, in
Deed Book Volume L35, Pace
1094. granted and conveyed unto
Robert L. Allen. Jr_ a sio2le person.
TAX MAP NO.: 30-25-0116:
PARCEL NO.: 037.
?k
The same having been sold by me to the said grantee on the 10th day of December Anno
Domini Two Thousand and Three 2( 003) after due advertisement according to law,
under and by Virtue of a Writ of Execution issued on the 10th day of June Anno
Domini 2003 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as
of Civil Tema, Two Thousand and Three (2003) Number 1147 at the suit of Farmers
and Merchants Trust Companv of Chambersburg against Robert L. Allen, Jr. and
Jodi B. Allen.
r7
In Witness Whereof, I have hereunto affixed my signature this 8th day ofTanuary
Anne Domini Two Thousand and Four (2004)
R. Thomas Kline, Sheriff
Commonwealth of Pennsylvania, ss.
County of Cumberland
Before the undersigned, Curtis R. Long, Prothonotary of the Court of Common
Pleas of Cumberland County, Pennsylvania, personally appeared R. Thomas Kline,
Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts
Set forth in the foregoing Deed are true, and that he acknowledged the same in order that
Said deed might be recorded.
Witness my hand and seal of said Court, this 8th day of Jan.Anno Domini
Two Thousand and Four (2004)
Prothonotary
r r !';T 5 4'^
CARLM: nit :'OURTHOUSE
1W6 certify"t int-tq?' II tiffrP .
And Post Office address of the
Within Grantee is
20 South Main St., PO Box 6010
Chambersbur>, PA 17201
Solicitor
j' ; ,?
EXHIBIT "IT"
MAR 10 2004 15:42 PR SECURED LAND 717 551 B50G TO MA`LIIN?NR?? ?
L 'P.AI>,Aa _A ?.1 fA/eOL:/I
GEORGE L. EBENER AND ASSOCIATES, REALTORS ,
AGREEMENT FOR THE SALE AND PURCHASE OF REAL ESTATE
AGENT FOR SELLER EDenet b Associates BIDOADE WOFF'^a ea Ttlr?
PA. LICENSED BROKER aEC^
This reement, mad, Imo 12th GES.r Cr 'A
Aq day of 1g 89
1. R1INCI Between. 7 Esth7I Near?yCL
masrdin7 A( al _?D 9 Box 197, Ca [arllsie, PA 77015 19 JUL ZG ryl I ZA )
nerermher calla Seim,, and Bruce IS. 6 Lauren A, Devonshire i
Uasot a
hammuller called Buy..
2. PRDPERiY: Seller hereby agrees Is sell and convey to Buyer. who hereby agrees to purchase' ALL THAI CERTAIN LOt ar GDlace oI
ground with Will?in9sandvirmppmve Otis Inman eecled, if any. known is: RD 1 Box 677, Sh10Densburp, PG 17257
J,V1d.ldpLpLQaklle. TOWnshlp of North Newton) t
3. ZONING. Zoning Oasshauan RuVdmg- 28 A B43
e. TERMS. la) purchase Pate 18,000 (1 IB,000 )
to ba paid to m! Sells, by me Buy" as follows
(b) DEPOSIT Check Cash Nate - at The Signing of this agreemml, readpl at winch is hereby acknowledged.. _S
It We. la be redeemed an at before the 64 01 19
(c) AOOITIDNAL DEPOSIT due on Or before the see opt OD Document end attached endorsement
day of T9. ._ .. .. ......S
lot CASH ar CERTIFIED CHECK M setllemem... ...... .....S
-TOTAL.. S 1B.0pn
(e) Whltn approval of Seine lobe an or helms the 21st day" June
D) Saltiemnt to be made on or nation: Ina 25th SAY of ,Tuft 19 90
bit Texas. water aid sower nmis and dl other Annual ctalmd and charges upon the abode described premises Shall be appoRiMed
at the lime of sentiment. Purchase price includes lual OR remaining in lank a, lima at niuemanl. All Rualry Transfer Taxes snap
be 41VM O "Italy unions "herwin prdfded.
5. MORTGAGE CONTINGENCY' This aOroamnl IS/IL.:Y conditional or contingent upon the slit or UjImmut of arty Other real W210
NOR Subject to any mmigaglhg or final excel as hereinafter Moulded. III courigenl Sin attached erMasem urn I
(at If contingnl, man?9?ge principal amount S NTF 14-400
type cdnv AR^ Minnurn term 'ID yparc MAXIMUM INITIAL INTEREST
RATE-WNTE 10.5% ;. TERMINAL DATE re Obtafmng Mortgage Commitment -tune 1, 1
Broker may "vim Oliver of possible source of mortgage funds, but carried assume responsibility for obtaining Buyer s mOr-
(gaga. II said mortgage 1024 cannot be obtained as herein prodded, this Agreement shall be NULL AND VOID and all deposit
.Mies shall be relurlnd to the Buyer on a palate dale la settlement as provided harem. subject however la Ind provisions In
Paragraphs 510) and 5(q. .a ry? yp
bit Buyer shall make A Completed applintion to a r#SW ble mortgage lending insfilulin
o far IN m rrlgaimumawdlM A.AAK
days from the Seller's approval harvest. Should the Buyer 4p to make such complied appllgIon NNNRNA 4as}ewlaaNz
days. II shad be at Ina option at IN Seller, wIIMn Iwe (5) days Ihereallef lot city May 4, 19900
(U Declare this Agreement NULL AND VOID. L which (me all monks paid an annum win be lorded to Seller as h4uidamal
damages subject to the Rules am ReguUmarm at the PWSywl Real Estate Commission, of
(nj in aosenu of wnew notice te the Buyer by the Selkf dedalng this Agreement NULL AND VOID. the condition and con-
tingency pr"med for in Ines Paragraph, together with any other mortgage ton conongenpce that may be herein or en-
dorsed hen.. shall m longer prevail, and this Agreement snap remain e"ecme according to its terms In the Same man-
ner as 11 Pw condition and co rtigency whoa in a pan heraal
(e) Seiler or Agent MAIMee" a written commitment vam until the dale at Satdemenl.(Mthe mainland Inn, an Mbefore the ler-
nerW dale as specified. 11 the Said commitment is not Famished With The forms as specified herein, or an Mhe, terms accepted
in wr,tmft by the Buyer. on or before the specdlm dale. Sher snag hard IN option, at that dale, or any othef lime lherealler.
during Ine term of this Agreement, until, but red heyMd the date or receipt of IN commitment by the Seller. or Agent. to
declare this Agreement NULL AND VOID, by widen mome to the Buyer at his/her decision .narks]. at which time all dommul
mews laid an account small he returned to the Buyer. subject to Ine payro l ngulred , It any, prevail ra In Paragraph
11(b): (0, (n). and (III).
(d) Seiler hereby agrees to permit musdhns oy authorized apprail rapuude CeNhars and/or Buyer as may be "puked by
the landing inslBmian a Inwnng ag"cies
6. STATUS OF WATER AND SEWER. Salle vgrranm that this property 4 un ced by private water and private sawer.
Further, Seiler warrants that these Sysleos are fully paid for and, 4, of the date of this agnamwnl Are In sanslacRey aperatino condl-
uon, if almes err systems are oils,,. Sisk, warrants that he/she has no Intor.arwn lit pubiic wafer and xevaer win he assessed"
instal" IDr at east gar (6) months aim, the dale of soulament as afaM id.
7. MUNICIPAL IMPAOVEMENTS. Seller has m polices at municipal improvemsms (wch as sidewalks. curbs. etc I amps
6. SPECIAL CLAUSES see attached endpr1ement9
9, PERSONALTY'. All utsdog Plumbing. boiling, aincondltlWing and lighting lalures(Including chandeliers) and system aDplurenalil
(here" and larmfng a part thereof. and alter permamnt Ilalures. as well as all ranges, laundry tuns. T.V. antennas. mash; ano rata
systems, togeb" win wall to wall carpeting. wens. slam sash Dm/a doors, $nadirs. awnings, venetian blinds, couplings la
aulbmahc washers and dryers. efc- ran alor cave", COMSAM. kitchen oblnels, dgpery ins, drapery IN hemware. COLOR mos.
curlam rod hardmil all Ions, shrubbery, plantings us, In as n property, garage dam openers, 0 any, unless Specifically utopled
in this Agium ni. are Included in one sate and ourWle price None W Inc above mndnad Items shall be Tamarind of submauted
by In' Setkr limits gle SMS alter dare of this Agreement. Any remaining mulvig am/or cutting fuels shared an Ind primes at Isms
Of sellllmenl a" also Included tame this Agreement SiNr hereby warfants lnal he/she will deliver good Idle la all at the Annaba,
d/uhbed m In,% paragraph. and any Dine, hnu"s or Iharts of personally spoollcahy scheduled and mere included in this Sale. _
10. INSULATION. U"a-lonvildemyde foam Insuggn, a possible lone insulating material. IS IS NOT (IS NOT KNOWN TO B(`?)
` prasnt: era; nor been Installed since ?,p(\ in me building to be converfed.
&"
J el s) lul $wlar(sl initial A( J
-- 11. TITLE AND COSTS.
(a). The promises are to be conveyed in fee simple by GENERALIZ==waffanty dud, Ine and clear at all liens, emumbiancA;
and easements. EXCEPTING HOWEVER, the foibMnp EAtalmg building mlndam, Ordinances. saw ale of roads,
phvdeges in rights of pubto service companies. it any; at easemenls or "elrmimns visible upon the ground, olhe Wise the bile
Is IN agave demmed ten aS",s shall be goad and marketable or Such as coil be Insured by a reputable doh Insurance comp
paid at (he regular rates.
(b) The "of woe pay IN tiro following:
(1) The pr t um la IIW womm", authorities; flee imPAACe am/a Ipte earn. ei In for "message" of nnw. K airy.
(N) Thep".lam la boed insurance andfe hire Insurance wish extended commune. Insurance Neer Margie of CA a UIIon
In, d any.
Bill Rogers" fen and charges paid In a"ame te in"", d Any. BWK 367 PACE 277
llvl Buyai s nomal sollownt mom and mouals.
n, i,rr r I
`11'Q 10 2004 :5=a3 FR SEC( < GIIVV G: Ili r, J,
JREO LA,iD 'h 591 8506 TO raj! fNq
P.03,03
TO Amy soery a araty9 WW MY Be regolMd by dg TNb lnsereaa GApenyo lMeeftmmlaq mommy hr me peemaaer
an allaqualo Nail dewlpdwl a IM pemiser (a IM corracldn IMreel), a U M egwad and per ter by IM Shca. Houni u.
airy saraey M surveys desired by me Buyer a repueed by Alf merger shall be Mcumd and Paid for by the Buyer.
(d) IP IM "am the Seller Is unebN to gkma band and markauble Nde Mauch AS will be Insured by a repuaDb tole company, sue-
)ecs ac Al0rerald, Buyer (hall haft the option at taking such Rile AS IM Seller can pike wi1MUt apatatmnt of prk. w of being
rapid ad menlas Paul by IN Buyer to the Sailer on a¢cuunl of IM purchase price and Rm Sober wit fe rnb rsa The Buyer IN
any =3 IMYfrad by IM Buyer tar Inode Items speellled in Paragraph I l (binary; Iii. (U). (.It and and Paragraphs I I (e); and In
Me taller anal them Shall de m further liability M obleCMn on alg of the Paribas htlndd and INS AgraMAT staff peNrne
NULL AND VOID.
42. PAYMENT OF DEPOSIT. DepcNN or hand muses shall be paid Its agent for Server, who Shan Retain the snit until censurmhatim be
larmlmlmn of Its Agfe nl in cenfarmlly win all applicable laws am regulations. Agent for the seam shall mid any uncasned
crack lendood as deposit w hand moils. pending the acceptance at INS offer.
13. POSSESSION ANOTENDER'. (a) PGSUSSten Is to de deheamd by deed. Mays and physlnl possession to a varad budding III any) At
day and Ume of StUllment, w by dud and assignment of aaisling erase(s) at the Ilene of settlement it Premises Is Imam occupied r
Me algnmg of this Agrumenl, umldss Nberwlse speclried Retain Buyer will acknowledge eeiswg IUSNS) by In haling Said Itase(s)
at time at Signing of this Agreement of Sale 11 tanam ottupled.
(Ill Spar at AN abut into any nowNUe(a). wdtNneauMlon of adsong lease(s). it any, or additional IUU(s) Nr be premises
without eepran wrdla consent d the 9lryer.
let Formal Under of An UM[ed data and purmase mmey Is hereby wand.
(d) Buyer re gins UN fight to make a praulUen t i^speamn of May sublecl premisas, and will eaeculo appeoprate aacumenla-
INn at such Inspnlon
1e. RISK OF LOSS: Senor steel board" bit lace from rim a drug Usually unpl lined sallNmanl. In IhUvml of dm at Id the pmperly
by life ar Other Usually. Suva shall Mn the Cities of runndirg gas agmgnenl and recelvirg Mnd money paid on account o d x-
ceplmg ter pfCOWly In Its then CORI with UM progeds of any IRsalnU recovery, abtalm0le by Seller. Buyer is hereby nool"
that he MAY Inure his beuilaEfe inheres! in MiS property as at me tmr, of the acceptance of this agreement.
15. REPRESENTATIONS: It Is a drssoad that Buyer has inspected IM property, or thereby wawaa me righl ro do so and he/she has
agfeod to purcMb it AS a result of stick Inpsetuon and net DMUSO N of In reMMe upon any fepreaenafmn made by Ine Seder W
any other olf cer, partner ar empbYer of Serr, or by the agent of the $tlNr a any d IM latter '& Uiesprsons and employees, a by
a Cooperallog Broker. it any, m arty, of his/oar UltsperUns and employees and that M/she has agreed to purchase it In its present
condition unless dheMiSe sOCCllled nation. 11 Is (wlher understand that this Agreement contains the what. agreement between Me
Salter and Buyer and dmra are Me Amer turns. eMgatlons, caeminls. representations. statements or conditions. war or dherwde of
any kind wnalsdeYer concefmfg lhes sale. FuM"mom, this Agreement shot not be all.«d, amended. changed or modified except
RCNI! by IM p)nN5 nellla. An walmOMy and reprBlnlaidpf AN Mall aYMVe Ine slog,
16. RECORWNG
If agmeme^ not De rewr in me N1fIr y IM Recur of Deeds a alMrIarAa4pumT
record Buy" dh Cad Inis a fire for Uus cd F M Ie lye recd At nibs/tprlloo, den le rai Ir sum u1 as tam d rots nl. 7 ?; qM (A/ Q H Ib 7/r q 97 M 7'
IT. SSX NMEN C.
T: TIC, S Abf mepi sib Dh bindlnp upon ter ra p n Ir , execoulars, administration, Successors am, 10 int extent
in "Curb
assgRAWe, on the assign of lie pnin MrefO, It Oeinp uDressly umersmod, however. That the Buyer WII Rol Iransler a assign
this Agmement kin Mu. the wduen cuernl d me Seller Oemq IVaI obulned.
is. NON-LUIBILITY OF AGENT: Agenl(F) a Sub-ADMI(s), H any am mounting Seller, ml the Buyer. II Is expressly understood and
-gaud MIwerR the pities IMflN tDal Ibe neram name agm4 his/her Salesperson and anisoyees ar any oIfKar or partner of agent
and any m:dep find peak" am his/her 3-IKprsdns and employers and and afheer w parer of the cooperating broker are acing
AS Be. aonly m winging IM euyr and Senor Iopmber, am wdl m M Bade y/hamerfof be held Uable iaimly a severally to either pearly
Iw 10. PrformanU a by imam a COnMOf 01 Iles Agmemenl pr IN damages la [he n00pMIaiNOde IMle01.
1B. OEFAULT .TIME IS OF THE ESSENCE: TM sob rim. Iw S.ulemml and an other Hunt rdaned to Ipr IM part ma es of any of the
Obligations w Ine Agreement we hereby igieed to be Of [no Maack N this Agreement. Should me Buyer: (a) Fall to make any add,
[Mal payments as spedNd in Paragraph q, bib) Furnish I Icd w'IriammdNe Iniplrmtl011 to in, Sd1". in. Seller's anal, Or [no mw
Igage lendi concerning IN dryer's legal wtinaneoal status. a led to cooperate in The processing of the mortgage loan application,
whim acts would result in [he failure to oblAm UN apprwal at a mortgage lawn cwnmVMnl, a (c) Victim a lad to fullal and penam
Any al the all"tondltions d [his Agreement. Then in such Use, all deposit monies and ether wens pad by the Buyer on Account
ol IM W MMR Price, whether required by tons Agreement by nee, may be retained y) by the Seller an acc0Y0f d the purchase price,
er (k) as wn.ts to be applied to the Sdia's damages, a (nq is Lquidaled damages far such breach, as IM Scuer may emcl, and in
the enw that Inc Sella elects to retain fha monies AS liquidated damages in accordance with paragra n 19(ie), Me Sailer snail be
/ .
mlmsed Irani AS IIANIIIY of QUiDa6m as this Agfeamenf shall be NULL B VOID.
20. RECOVERY FUND- The Pennsylvania General Assembly has esNNisMd a Rol Estate Recovery Fund. The purpose of
Ihe Fund is to
Canpenule persons won Obtain a judpMOl bocause of the [mud. Msrepresdmalian or deceit of an agent. Fee nnfamelton UII p V )
283-3659.
27. DESCRIPTIVE MEANING: The desalpllw bUCops used herein am far convenience only and they Am rot intended to Indicate all of
the marter in the "Chun, chick follow (hem. aaorwngy, IAey shall ban no effect wbalsower In determining the rights be odiga.
I1MS d IM pales.
22. AGREEMENT: THIS AGREEMENT CONTAINS THE WHOLE AGREEMENT BETWEEN THE SELLER AND BUYER. THERE ARE NO OTHER
TERMS, OBLIGATIONS. COVENANTS. REPRESENTATIONS, STATEMENTS OR CONDITIONS. ORAL OR OTHERWISE. OF ANY IGNO
WHATSOEVER CONCERNING THIS SALE. EXCEPT AS ATTACHED TO THIS CONTRACT.
Tone is a IC940Y birdAg MnNact; B Rol und"wd. consul your a0army.
APPROVAL BY BUYER. In wrintst ethereal, IM panful horn thumping to be legally bound hereby. have hereunder set MARC hands and
awl me day A^nd You rest above ml
k./4,j, BUYER pnu•cL H -sir (SEAL)
WITNESS A$ TO BUYER
WITNESS AS TO BUYER BUYER ($fAl)
APPROVAL BY SELLER: c
Safaris) hereby approves eaelrad this o71 At day 19
in cansdaraBon of the strobes rlmdared In contouring it* Buya, Salir agrees to pry 1. k.rn
Age .t nt a mmmissmn Of
1X?L $
or/Ireln 1f Zf spedllp yen pin. In 1M .veal Buyer deuulu Inlander, any me n I sha
le be equally divided eeM1
weeSallr nd Apsnl, 6bf/ M rv l It fair wen pad to me Arnold be in mass of the anev pcd' edmmnssnmrn,
ER Y I /N ;N1,n+ SELLE (SEAL)
'. ?2;V $ELLFfl
'Q?' miry
n:itgEN LEY: _T,6 5 ?rttP E? EY Ep / 'h . I Via./ ?L)/9CI
F•?ANEY TAE yffA' TTO Ey FDIC BUY
'her( 6?!!'a 1
L.•- i.i•:N:vcw manic ... ,1 u. ?i_ bum 367 PACE 23
-- TOTAL PA E,B3 r* 1
VERIFICATION
I, Scott A. Dietterick, Attorney for Plaintiffs, depose and say subject to the penalties of
18 Pa.C.S.A., sec. 4904 relating to unsworn falsification to authorities that the facts set forth in
the foregoing Complaint to Quiet Title are true and correct to the best of my information,
knowledge and belief.
Scott A.
Attorney for Plaintiffs
C
c;
OV)
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-01504 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GUTSHALL JOHN W ET AL
VS
DEVONSHIRE BRUCE K ET AL
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT -QUIET TITLE was served upon
DEVONSHIRE BRUCE K the
DEFENDANT , at 0928:00 HOURS, on the 19th day of April 2004
at 249 LONGS GAP ROAD
CARLISLE, PA 17013 by handing to
LAUREN DEVONSHIRE, WIFE
a true and attested copy of COMPLAINT -QUIET TITLE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.45
Affidavit .00
Surcharge 10.00
.00
31.45
Sworn and Subscribed to before
me this /aH day of
or D 2f1Uq A. D.
__ o ),., ?
41it-
thonotary
So Answers:
R. Thomas Kline
04/20/2004
JAMES SMITH DIETTERICK CONNELL
By:
Deputy heriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-01504 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GUTSHALL JOHN W ET AL
VS
DEVONSHIRE BRUCE K ET AL
BRIAN BARRICK
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT -QUIET TITLE was served upon
DEVONSHIRE LAUREN A
the
DEFENDANT , at 0928:00 HOURS, on the 19th day of April 2004
at 249 LONGS GAP ROAD
CARLISLE, PA 17013 by handing to
LAUREN DEVONSHIRE
a true and attested copy of COMPLAINT -QUIET TITLE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
16.00 04/20/2004
JAMES SMITH D TTERICK CONNE
Sworn and Subscribed to before By: 1%;)A
me this day of Deputy Sheri f
A. D.
Q
L;x? 22yyco[ Ithon /?IA?tw I /
notary
Curtis R. Long
Prothonotary
office of the protbonotary
Cumberlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
nj-/ - /.Soz/ CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573