HomeMy WebLinkAbout09-3240MARGARET M. STUSKI, ESQUIRE STEPHANIE E. CHERTOK, ESQUIRE
PA Supreme Court ID #: 42478 PA Supreme Court ID #: 52651
61 West Louther Street 61 West Louther Street
Carlisle, PA 17013 Carlisle, PA 17013
(717) 249-1177 (717) 249-1177
(717) 249-4514 Fax (717) 249-4514 Fax
WANDA FRY,
1429 TRINDLE ROAD
CARLISLE, PA 17013
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
V.
CAROL HENCH
930 GOBIN DRIVE
CARLISLE, PA 17013
CIVIL ACTION
and
R. SCOTT MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013
and
PAMELA S. MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013,
Defendants.
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20) days after
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 DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY
BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
MARGARET M. STUSKI, ESQUIRE
PA Supreme Court ID #: 42478
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
WANDA FRY,
1429 TRINDLE ROAD
CARLISLE, PA 17013
Plaintiff,
STEPHANIE E. CHERTOK, ESQUIRE
PA Supreme Court ID #: 52651
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01. 3;(L/0
elv," -RVW
V.
CAROL HENCH
930 GOBIN DRIVE
CARLISLE, PA 17013
CIVIL ACTION
and
R. SCOTT MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013
and
PAMELA S. MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013,
Defendants.
COMPLAINT
Petitioner, Wanda Fry, by her attorneys, does hereby petition this Court as
follows:
1. Petitioner, Wanda Fry, is an adult female residing at 1429 Trindle Road,
Carlisle, PA 17013.
2. Petitioner owned a piece of property known as Lots 11, 12, 13 and 14 of the
Dale Fetrow Revised Plan of Lots, Middlesex Township, PA as more fully set forth in the
attached Deed .(Exhibit "A").
3. Defendant, Carol Hench, of 930 Gobin Drive, Carlisle, PA 17013, sought to
buy the above referenced piece of property.
4. Petitioner and Defendant Hench entered into a Memorandum of Installment
Sales Agreement dated August, 11, 2006. (Exhibit "B")
5. The Installment Sales Agreement was to pay off the amount owed $31,042.00
with an interest rate of 6%.
6. The Installment Sales Agreement contained a prepayment penalty so the
purchase price was to be no less and no more than $60,000.00.
7. Defendant Hench had begun making payments on the purchase prior to the
execution of the Installment Sales Agreement.
8. Defendant Hench was credited for the payments made prior to the execution of
the Installment Sales Agreement.
9. Defendant Hench continued to make payments as set forth in the attached
schedule. (Exhibit "C").
10. Defendant Hench asked Plaintiff for the Deed to the property under pretense
that she needed it supposedly as a request of the lender Defendant Hench was working
with to obtain her house which would be on the property.
11. Plaintiff gave Defendant Hench the deed on or about the spring of 2008
12. Defendant Hench ceased making payments on or about October, 2008.
13. Defendant Hench was sent notice that she was in default and needed to make
payments or legal action would follow. (Exhibit "D")
14. Defendant Hench ignored the letter and made no further attempts to resolve
this matter.
15. Defendant Hench told Plaintiff in June 2008 that she was going to switch
properties with Defendants R. Scott Martin and Pamela Martin (Exhibit "E")
16. Plaintiff later learned that Defendant Hench had recorded the Deed in May
2008 prior to the June 2008 conversation and Defendant Hench had not paid off the
property under the Installment Sale Agreement. (Exhibit "F")
17. After the recordation of the Deed in May 2008, Plaintiff had a conversation
with Defendant R. Scott Martin in which she learned that her property had already been
swapped for another piece of property owned by Defendants R. Scott Martin and Pamela
Martin that was deeded to Defendant Hench.
18. Defendants R. Scott Martin and Pamela Martin did not pay any money to
Plaintiff Wanda Fry for the purchase of the property owned by Plaintiff.
19. Defendant Hench had transferred the property on May 21, 2008, to Defendant
Martin by recorded deed. (Exhibit "G" and Exhibit "H")
20. Defendant R. Scott Martin and Pamela Martin took the property owned by
Plaintiff Wanda Fry despite there being a filed Memorandum of Installment Sales
Agreement referencing the property, (Exhibit `B"), said filed Memorandum serving as an
encumbrance on the title.
21. Defendant Martin did not pay Plaintiff the money owed for the property
known as Lots 11, 12, 13, & 14.
22. Defendant Hench did not pay Plaintiff the money owed for the property
known as Lots 11, 12, 13 & 14.
COUNT I-DEFAULT OF THE INSTALLMENT SALES AGREEMENT BY
DEFENDANT HENCH
23. Paragraphs 1 through 22 are hereby incorporated as set forth in their entirety.
24. Defendant Hench did not adhere to the payment schedule set forth in the
Installment Sales Agreement.
25. Defendant Hench was notified by Plaintiff that she was in default of the
Installment Sales Agreement.
26. Due to the default by Defendant Hench for nonpayment, the entire purchase
amount of $60,000.00 is due and owing Plaintiff.
27. Plaintiff is also entitled to interest, reasonable attorney fees and cost for the
filing of this action.
COUNT II- CIVIL CONSPIRACY TO DEFRAUD PLAINTIFF OF HER
PROPERTY BY DEFENDANTS HENCH AND MARTIN
28. Paragraphs 1 through 27 are hereby incorporated as set forth in their entirety.
29. Defendant Hench used trick and device to obtain the deed from Plaintiff.
30. Defendant Hench told Plaintiff that she needed the deed due to a request from
the bank for the purchase of the Chesapeake double wide trailer to be places on the
property.
31. Defendant Hench conspired with Defendants R. Scott Martin and Pamela
Martin to have the Plaintiff's property transferred to Defendant R. Scott Martin and
Pamela Martin the property on Gobin Street, Lot 65, transferred to Defendant Hench,
along with additional cash.
32. Defendants Hench and Martin knew or should have known of the filed
Installment Sales Agreement.
33. Plaintiff never received the money due for her property in satisfaction of the
filed Installment Sales Agreement.
34. Plaintiff never filed a satisfaction of the Installment Sales Agreement.
WHEREFORE, Plaintiff respectfully asks this Honorable Court to award her the
full amount of $60,000.00 plus costs plus attorneys fees.
Respectfully submitted,
1?G
Wargiret M. tusks, Esquire
Attorney for Plaintiff
PA Supreme Court ID #: 42478
61 W. Louther Street
Carlisle, PA 17013
(717) 249-1177
VERIFICATION
I, Wanda Fry, verify that the statements made in this Complaint are true and
correct. I understand that false statements herein are made subject to the penalties of 18
Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities.
Date: 21 09 /,?
Wanda Fry
EXHIBIT A
421-T-peed from Corporation to Individual or Corp.
Henry Hail, Inc., Indiana, Pa.
s t it "{ n 4
?F ?`„EDS
.i.
'01 JUL 14 A,H 10 r0
Tbt5 3Jnbenture.,
MADE THE A/ // day of July in the year
of our Lord one thousand nine hundred ei ghty-seven (1987 )
BETWEEN POWDER MILL CORP., a Delaware corporation qualified to do
business in the Commonwealth of Pennsylvania, with offices in the City of
York, County of York, Commonwealth of Pennsylvania (hereinafter "Grantor")
and
WANDA MAE FRY, an individual residing at R.D. #1, Box 43,
Carlisle, Pennsylvania 17013 (hereinafter "Grantee").
Iz J tl. ?G
` r
School Dist. Cumb. Co., Pa:
Real Estate Transfer Tax
4-1 O o'
?.-
)ate . ? . G . l . . Amt.
\A
:umb, Co. Diet. Col. A0, /°r5
WITNESSETH, that the said Grantor
? j?/s, A
lownship Of Cumb. Co., Pa.
Real Estate Transfer Tax
numb. Co. Dist. Col. A611
for and in consideration of the sum of -Ten Thousand Dollars ($10,000.00)
lawful money of the United States of America, unto it well and truly paid by
the said Grantee
at and before the sealing and delivery of these presents,
the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened,
enfeoffed, released and confirmed, and by these presents does grant, bargain, sell,
alien, enfeoff, release and confirm unto the said Grantee
and assigns,
Mw (2 WF 41.0
All those four certain lots of ground situate in the Township of
Middlesex, (formerly Township of North Middleton), County of Cumberland, and
State of Pennsylvania, numbered according to the Dale Fetrow Revised Plan of
Lots, which said plan is recorded in the Office of the Recorder of Deeds in and
for Cumberland County, at Carlisle, Pennsylvania, in Plan Book No. 3, Page 103,
being Lots Nos. 11, 12, 13 and 14 as shown on said plan, and having a frontage
of 200 feet along the North side of Trindle Spring Road and extending'at even
width to a depth of 200 feet.
SUBJECT, however, to the restrictions as they appear on the Dale Fetrow
Revised Plan of Lots recorded as aforesaid.
BEING the same property which Penn York Advertising, Inc. granted and
conveyed unto Grantor by deed dated November 8, 1984, recorded in the Office of
the Recorder of Deeds of Cumberland County in Deed Book Z30 at page 685.
CONTAINING 40,000 square feet as above described and hereinafter referred
to as the "Premises."
THIS conveyance is made under and subject to the reservation by Grantor of
a ten foot (10') by forty foot (40') easement in the southern portion of the
aforementioned Lot No. 11, as shown on the "Property Line Survey" prepared by
C. S. Davidson, Inc. dated May 19, 1987 and attached hereto as Exhibit A, said
easement area containing 400 square feet and being hereinafter described as the
"Easement Tract."
Grantor, its successors and assigns shall have a perpetual right and
easement to use the Easement Tract for the purpose of placement, construction,
use, maintenance and repair of an existing outdoor advertising structure and
signs thereon ("Outdoor Advertising Structure" herein), together with free
ingress, egress and regress to and from the Easement Tract across the Premises,
said ingress, egress and regress to be utilized so as not to interfere
unreasonably with Grantee's use of the Premises.
Grantor, its successors and assigns shall also have perpetual aerial or
air space rights across the Premises in which to exhibit the sign faces of the
Outdoor Advertising Structure, said signs to face in a general southeasterly
direction.
Grantor, its successors and assigns shall also have a perpetual easement
across the Premises for electrical service to the Outdoor Advertising
Structure.
Grantor, its successors and assigns shall also have a perpetual right and
easement to trim, cut, and remove from the Premises any shrubs, vines, trees,
bushes or other vegetation or any structure which Grantor deems necessary for
an unobstructed view of the Outdoor Advertising Structure.
This conveyance is made subject to the condition that Grantee, her
successors and assigns shall not erect any signs on any property owned or
controlled by them, nor shall they plant any shrubs, vines, trees, bushes, or
other vegetation, nor shall they erect buildings or structures, any of which
would obstruct or impair the view of the Outdoor Advertising Structure from the
streets, roads or public highways, nor shall Grantee, her successors or assigns
permit any third person using or upon the Premises to violate said
restrictions.
BOOK L, 32 PACE 411
TOGETHER with all and singular
the ways, waters, water-courses, rights, liberties, privileges,
hereditaments and appurtenances, whatsoever thereunto belonging, or in anywise appertaining,
and the reversions, and remainders, rents, issues and profits thereof; and all the estate, right,
title, interest, property, claim and demand whatsoever, of- except as herein provided, of
said Grantor
in law, equity, or otherwise howsoever, of, in and to the same and every part thereof,
TO HAVE AND TO HOLD the said Premises above described and
the hereditaments and premises hereby granted or
mentioned and intended so to be with the appurtenances,
unto the said Grantee, her successors
and assigns, to and for the only
proper vse and behoof of the said Grantee, her successors
and assigns forever.
AND the said grantor hereby covenants and agrees that it will warrant special ly
the property hereby conveyed.
IN WITNESS WHEREOF, the said
has caused this Indenture to be signed
iii, its corporate name by its President, and has caused to be affixed hereunto the common and oor-
porate seal of the said corporation, attested by its Secretary, the day and year first above written.
P W R MI CORP.
By ---- --------- - -- -- ? -- -- -- - ---------------------
President.
Attest:
X1'2
;.:.
------------ - - ---------------------- ---------=-----------------------------
State of Pennsylvania
County of York ss.
On this, the day of July 19 87 ,before one,
the undersigned officer, personally appeared Louis J. Appel I , Jr.
who acknowledged himself to be the President of Powder Mi 11 Corp.
a corporation, and that he as such President , being authorized to do so,
executed the foregoing instrument for the purposes therein contained by signing the name.
af'te
corporation by hiinself as President ,
In witness whereof, I hereunto set my hand and official seal.
SANDRA LEE WILLtAp N - ' cf
1reitlC 1??OItK ? Now PuWte --- ----- ---------- ?
CC}It1tY, PA
tRa URVARY fi, 99t Notary Public V_
----------------------- ----- . ------
Title of 0.6ql?i}?R
CERTIFICATE OF RESIDENCE
----, ----------------- do hereby certify thathe ise residence and complete post office address
of the within name grantee is O (,
?
?? CaA ?
(q 19 ---------- - ------------ -------------------------------------------
Attorney for ----QV
2 4 7 9
?nC3
y
y
y ? ?rn
Tt
r:? ? ? fT1 r
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1 e
f
1
State of' ?., 88.
` rl
-County of - --------------
RECORDED on this -------------- L? day of - - = ---------------------
?Y ? - A: D 19---L-'-, in the Recorder's office of said County, in Deed Book ?
Vol. -- ---------, Page ----` -- ------------
?' _ Given under my hand and the seal of the said office, the date above written.
- - --•--- \4 ------ Recorder.
BOOK 32 PAGE 41.
1.
EXHIBIT B
?95, ?6 C?o?r%zRr
NO "UU 19 Pfd 1 39
This Memorandum is made this W- day of August, 2006, by and between: WANDA
FRY hereinafter referred to as `Seller"; and CAROL HENCK hereinafter relbrred to as Turdn w."
The parties hereto with intent to be legally bound desire to make the following information a
matter of public record:
1. Sellers and Purchasers entered into an Installment Saks Agreement dated August
. by which Sellers agreed to sell and Purchaser agreed to purchase that
certain parcel of ground with irnprovenicats thereon known as Lots 11, 12, 13 and 14 as shown on
the plan for Dale Fetrow Revised Plan of Lots, which said plan is recorded in the Office of the
Recorder of Deeds in and for Cumberland County, in Plan Book No. 3, Page 103, in h iddlesex
Township, Cumberland County, Pennsydva * more particularly described in a deed dated July 14,
1987, and. recorded on July 14, 1997, in the Recorder's Office of Cumbdia3nd County, Pennsylvania,
in Record Book J Volume 32, Page 410, which property description (the "Property") is incorporated
herein by reference.
2. Upon payment of the purchase price for the Property, and subject to compliance with
the other provisions contained in the said Installment Saks Agreement, Sellers have agreed to convey
the Property to Purchaser by special warranty deed.
3. All of the terms and provisions of the said installment Sales Agreement are
incorporated herein by this reference thereto as fully as if set forth at length herein.
1
OK,0729PG2899
03/23/2009 1:10:39 PM CUMBERLAND COUNTY Inst.# 200629518 - Paoe 1 of 3
IN WITNESS W#EREOF, the undersigned have executed this
Memorandum as of the day and year first above written.
WITNESS:
SELLERS:
Wanda Fry
WITTNESS :
a
Ox"ench
The Post Office Address of the Seders is: 1429 Trindle Road, Carlisle, Pennsylvania 17013.
The Post Office Address of the Purchaser is: 1431 Trindle Road, Carlisle, Pennsylvania 17013.
2
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03/23/2009 1:10:39 PM CUMBERLAND COUNTY Inst.# 200629518 - Page 2 of 3
.. -.L .. -....
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
On this, the ___f L of August, 2006, before me, the u0dersi30d off, Personally
appeared Wamid Fry, known to me (or satisfactorily proven) to be the individual who executed the
foregoing instrument, and duly acknowledged to me that she executed the same for the purpose
therein contained,
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public F
Notalw Sea; *?$
Martin N '.Vise, Notary Pblic
Crulidm flck.. Cumberland County
Expires Nov 2
COMMONWEALTH OF PENNSYLVANIA Fe;uar 'rd'cI 7`„7 ' s ?. xa
SS.
COUNTY OF CUMBERLAND
On this, the of August, 2006, before me, the undersigned officer, pawnally appeared
Carol Hench, known to me (Or seiisk'actorily proven) to be the kxrMdiual who exectited the foregoing
instrument, and: duly acknowledged to me that she executed the same for the Purpose therein
contained.
IN WITNESS WHEREOF,1 have hereunto set my hand and official seal.
Notary
i Notarial Sea
Martin N. use, Notary Pubkc
C? 1Er!a Boro, Cumberland County
L- Ay ?;.irr- i^ ?^^ Expires Nov. 12, 2ODS
I Certify this to be recorded
In Cumberland County SPA
Recorder of Deeds
'•••
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03/23/2009 1:10:39 PM CUMBERLAND COUNTY Inst.# 200629518 - Paae 3 of 3
EXHIBIT C
Page 1 of 10
Amortization Schedule
Loan Date: 8/15/2006
Principal: $31,042.00
# of Payments: 300
Interest Rate: 6.00%
Payment: $200.00
Schedule of Payments
Please allow for slight rounding differences.
Pmt # Date Principal Interest Balance
1 9/15/2006 44.79 155.21 30,997.20
2 10/15/2006 45.01 154.98 30,952.18 0?.
3 11/15/2006 45.24 154.76 30,906.94 6
4 12/15/2006 45.46 84.53 30,861.47
5 1/15/2007 45.69 154.30 30,815.77
6 2/15/2007 45.92 154.07 30,769.85
7 3/15/2007 46.15 153.84 30,723.69
8 4/15/2007 46.38 153.61 30,677.31
9 5/1512007 46.61 153.38 30,630.69
10 6/15/2007 46.85 153.15 30,583.84
11 7/15/2007 47.08 152.91 30,536.76
12 8/15/2007 47.32 152.68 30,489.44
13 9/15/2007 47.55 152.44 30,441.88
14 10/15/2007 47.79 152.20 30,394.08
15 11/15/2007 48.03 151.97 30,346.05
16 12/15/2007 48.27 151.73 30,297.78
17 1/15/2008 48.51 151.48 30,249.26
18 2/15/2008 48.75 151.24 30,200.50
19 3/15/2008 49.00 151.00 30,151.50
20 4/15/2008 49.24 150.75 30,102.26
21 5/15/2008 49.49 150.51 30,052.76
22 6/15/2008 49.74 150.26 30,003.02
23 7/15/2008 49.98 150.01 29,953.03
file://C:\DOCUME-I\Law\LOCALS-I\Temp\6HX95KTQ.htm 7121/2006
Page 2 of 10
24 8/15/2008 50.23 149.76 29,902.79
25 9/15/2008 50.49 149.51 29,852.30
26 10/15/2008 50.74 149.26 29,801.56
27 11115/2008 50.99 149.00 29,750.57
28 12/15/2008 51.25 148.75 29,699.32
29 1/15/2009 51.50 148.49 29,647.81
30 2/15/2009 51.76 148.23 29,596.04
31 3/15/2009 52.02 147.98 29,544.02
32 4/15/2009 52.28 147.72 29,491.73
33 5115/2009 52.54 147.45 29,439.19
34 6/15/2009 52.80 147.19 29,386.38
35 7/15/2009 53.07 146.93 29,333.31
36 8/15/2009 53.33 146.66 29,279.97
37 9/15/2009 53.60 146.39 29,226.37
38 10/15/2009 53.87 146.13 29,172.50
39 11/15/2009 54.14 145.86 29,118.35
40 12/15/2009 54.41 145.59 29,063.94
41 1115/2010 54.68 145.31 29,009.26
42 2/15/2010 54.95 145.04 28,954.30
43 3/15/2010 55.23 144.77 28,899.07
44 4/15/2010 55.50 144.49 28,843.56
45 5/15/2010 55.78 144.21 28,787.77
46 6/15/2010 56.06 143.93 28,731.71
47 7/15/2010 56.34 143.65 28,675.36
48 8/15/2010 56.62 143.37 281618.73
49 9/15/2010 56.91 143.09 28,561.82
50 10/15/2010 57.19 142.80 28,504.63
51 11/15/2010 57.48 142.52 28,447.15
52 12/15/2010 57.76 142.23 28,389.38
53 1/15/2011 58.05 141.94 28,331.32
54 2/15/2011 58.34 141.65 28,272.98
55 3/15/2011 58.63 141.36 28,214.34
file://C:\DOCUME-1\Uw\LOCALS-I\Temp\6HX95KTQ.htm 7/21/2006
Page 3 of 10
56 4/15/2011 58.93 141.07 28,155.40
57 5/15/2011 59.22 140.77 28,096.18
58 6/15/2011 59.52 140.48 28,036.65
59 7/15/2011 59.82 140.18 27,976.83
60 8/15/2011 60.11 139.88 27,916.71
61 9/15/2011 60.42 139.58 27,856.29
62 .10/15/2011 60.72 139.28 27,795.57
63 11/15/2011 61.02 138.97 27,734.54
64 12/15/2011 61.33 138.67 27,673.21
65 1/15/2012 61.63 138.36 27,611.57
66 2/15/2012 61.94 138.05 272549.63
67 3/15/2012 62.25 137.74 27,487.37
68 4/15/2012 62.56 137.43 27,424.81
69 5/15/2012 62.87 137.12 27,361.93
70 6/15/2012 63.19 136.80 27,298.73
71 7/15/2012 63.51 136.49 27,235.22
72 8/15/2012 63.82 136.17 27,171.39
73 9/15/2012 64.14 135.85 27,107.25
74 10/15/2012 64.46 135.53 27,042.78
75 11/15/2012 64.79 135.21 26,977.99
76 12/15/2012 65.11 134.88 26,912.87
77 1/15/2013 65.43 134.56 26,847.43
78 2/15/2013 65.76 134.23 26,781.67
79 3/15/2013 66.09 133.90 26,715.57
80 4/15/2013 66.42 133.57 26,649.15
81 5/15/2013 66.75 133.24 26,582.39
82 6/15/2013 67.09 132.91 26,515.30
83 7/15/2013 67.42 132.57 26,447.87
84 8/15/2013 67.76 132.23 26,380.10
85 9/15/2013 68.10 131.90 26,312.00
86 10/15/2013 68.44 131.56 26,243.56
87 11/15/2013 68.78 131.21 26,174.77
file://C:IDOCUME- 1\LawILOCALS-11Ternpt6HX95KTQ.htm 7/21/2006
Page 4 of 10
88 12/15/2013 69.13 130.87 26,105.64
89 1/15/2014 69.47 130.52 26,036.16
90 2/15/2014 69.82 130.18 25,966.34
91 3/15/2014 70.17 129.83 25,896.17
92 4/15/2014 70.52 129.48 25,825.64
93 5/15/2014 70.87 129.12 25,754.77
94 6115/2014 71.23 128.77 25,683.54
95 7/15/2014 71.58 128.41 25,611.95
96 8/15/2014 71.94 128.05 25,540.01
97 9/15/2014 72.30 127.70 25,467.70
98 10/15/2014 72.66 127.33 25,395.04
99 11/15/2014 73.02 126.97 25,322.01
100 12/15/2014 73.39 126.61 25,248.62
101 1/15/2015 73.76 126.24 25,174.86
102 2/15/2015 74.12 125.87 25,100.73
103 3/15/2015 74.50 125.50 25,026.22
104 4/1512015 74.87 125.13 24,951.35
105 5/15/2015 75.24 124.75 24,876.10
106 6/15/2015 75.62 124.38 24,800.48
107 7/15/2015 76.00 124.00 24,724.48
108 8/15/2015 76.38 123:62 24,648.10
109 9/15/2015 76.76 123.24 24,571.33
110 10/15/2015 77.14 122.85 24,494.19
111 11/15/2015 77.53 122.47 24,416.65
112 12/15/2015 77.92 122.08 24,338.73
113 1/15/2016 78.31 121.69 24,260.42
114 2/15/2016 78.70 121.30 24,181.72
115 3/15/2016 79.09 120.90 24,102.63
116 4/15/2016 79.49 120.51 24,023.13
117 5/15/2016 79.88 120.11 23,943.25
118 6/15/2016 80.28 119.71 23,862.96
119 7/15/2016 80.68 119.31 23,782.27
file://C:IDOCUME-11Law1LOCALS-11Temp16HX95KTQ.htm 7/21/2006
Page 5 of 10
120 8/15/2016 81.09 118.91 23,701.18
121 9/15/2016 81.49 118.50 23,619.68
122 10/15/2016 81.90 118.09 23,537.77
123 11/15/2016 82.31 117.68 23,455.46
124 12/15/2016 82.72 117.27 23,372.73
125 1/15/2017 83.14 116.86 23,289.59
126 2/15/2017 83.55 116.44 23,206.03
127 3/15/2017 83.97 116.03 23,122.06
128 4/15/2017 84.39 115.61 23,037.67
129 5/15/2017 84.81 115.18 22,952.85
130 6/15/2017 85.23 114.76 22,867.61
131 7/15/2017 85.66 114.33 22,781.95
132 8/15/2017 86.09 113.90 22,695.85
133 9/15/2017 86.52 113.47 22,609.33
134 10/15/2017 86.95 113.04 22,522.37
135 11/15/2017 87.39 112.61 22,434.98
136 12/15/2017 87.82 112.17 22,347.15
137 1/15/2018 88.26 111.73 22,258.88
138 2/15/2018 88.70 111.29 22,170.17
139 3/15/2018 89.15 110.85 22,081.02
140 4/15/2018 89.59 110.40 21,991.42
141 5/15/2018 90.04 109.95 21,901.37
142 6/15/2018 90.49 109.50 21,810.87
143 7/15/2018 90.94 109.05 21,719.92
144 8/15/2018 91.40 108.59 21,628.52
145 9/15/2018 91.86 108.14 21,536.66
146 10/15/2018 92.32 107.68 21,444.34
147 11/15/2018 92.78 107.22 21,351.56
148 12/15/2018 93.24 106.75 21,258.31
149 1/15/2019 93.71 106.29 21,164.60
150 2/15/2019 94.18 105.82 21,070.42
151 3/15/2019 94.65 105.35 20,975.76
file://C:IDOCUME--11Law1LOCALS-11Temp16HX95KT'Q.htm 7/21/2006
Page 6 of 10
152 4/15/2019 95.12 104.87 20,880.64
153 5/15/2019 95.60 104.40 20,785.04
154 6/15/2019 96.07 103.92 20,688.96
155 7/15/2019 96.55 103.44 20,592.40
156 8/15/2019 97.04 102.96 20,495.36
157 9/15/2019 97.52 102.47 20,397.83
158 10/15/2019 98.01 101.98 20,299.82
159 11/15/2019 98.50 101.49 20,201.31
160 12/15/2019 98.99 101.00 20,102.31
161 1/15/2020 99.49 100.51 20,002.82
162 2/15/2020 99.98 100.01 19,902.83
163 3/15/2020 100.48 99.51 1x9,802.34
164 4/15/2020 100.99 99.01 19,701.35
165 5/15/2020 101.49 98.50 19,599.85
166 6/15/2020 102.00 97.99 19,497.85
167 7/15/2020 102.51 97.48 19,395.33
168 8/15/2020 103.02 96.97 19,292.30
169 9/15/2020 103.54 96.46 19,188.76
170 10/15/2020 104.06 95.94 19,084.70
171 11/15/2020 104.58 95.42 18,980.12
172 12/15/2020 105.10 94.90 18,875.02
173 1/15/2021 105.62 94.37 18,769.39
174 2/15/2021 106.15 93.84 18,663.23
175 3/15/2021 106.68 93.31 18,556.54
176 4/15/2021 107.22 92.78 18,449.32
177 5/15/2021 107.75 92.24 18,341.57
178 6115/2021 108.29 91.70 18,233.27
179 7/15/2021 108.83 91.16 18,124.43
180 8/15/2021 109.38 90.62 18,015.05
181 9/15/2021 109.92 90.07 17,905.12
182 10/15/2021 110.47 89.52 17,794.64
183 11/15/2021 111.03 88.97 17,683.61
file://C:IDOCUME-11Law1LQCALS-11Temp16HX95KTQ.htm 7/21/2006
Page 7 of 10
194 112/15/2021 111.58 88.41 17,572.03
185 1/15/2022 112.14 87.86 17,459.88
186 2/15/2022 112.70 87.29 17,347.18
187 3/15/2022 113.26 86.73 17,233.91
188 4/15/2022 113.83 86.16 17,120.07
189 5/15/2022 114.40 85.60 17,005.67
190 6115/2022 114.97 85.02 16,890.70
191 7/15/2022 115.55 84.45 16,775.14
192 8/15/2022 116.12 83.87 16,659.02
193 9/15/2022 116.70 83.29 16,542.31
194 10/15/2022 117.29 82.71 16,425.02
195 11/15/2022 117.87 82.12 16,307.14
196 12/15/2022 118.46 81.53 16,188.67
197 1115/2023 119.06 80.94 16,069.61
198 2/15/2023 119.65 80.34 15,949.95
199 3/15/2023 120.25 79.74 15,829.70
200 4/15/2023 120.85 79.14 15,708.84
201 5115/2023 121.45 78.54 15,587.38
202 .6115/2023 122.06 77.93 15,465.31
203 7/15/2023 122.67 77.32 15,342.64
204 8/15/2023 123.29 76.71 15,219.35
205 9/15/2023 123.90 76.09 15,095.44
206 10/15/2023 124.52 75.47 14,970.91
207 11/15/2023 125.14 74.85 14,845.76
208 12/15/2023 125.77 74.22 14,719.99
209 1/15/2024 126.40 73.59 14,593.58
210 2/15/2024 127.03 72.96 14,466.55
211 3115/2024 127.67 72.33 14,338.88
212 4/15/2024 128.30 71.69 14,210.57
213 5/15/2024 128.95 71.05 14,081.62
214 6/15/2024 129.59 70.40 13,952.02
215 7/15/2024 130.24 69.76 13,821.78
file://C:IDOCUME-11Law1LOCALS-11Temp16HX95KTQ.htm 7/2112006
Page 8 of 10
216 8/15/2024 130.89 69.10 13,690.88
217 9/15/2024 131.54 68.45 13,559.33
218 .10/15/2024 132.20 67.79 13,427.12
219 11/15/2024 132.86 67.13 13,294.25
220 12/15/2024 133.53 66.47 13,160.72
221 1/15/2025 134.20 65.80 13,026.52
222 2/15/2025 134.87 65.13 12,891.65
223 3/15/2025 135.54 64.45 12,756.10
224 4/15/2025 136.22 63.78 12,619.88
225 5/15/2025 136.90 63.09 12,482.98
226 6/15/2025 137.58 62.41 12,345.39
227 7/15/2025 138.27 - 61.72 12,207.11
228 8/15/2025 138.96 61.03 12,068.14
229 9/15/2025 139.66 60.34 11,928.48
230 10/15/2025 140.36 59.64 11,788.12
231 11/15/2025 141.06 58.94 11,647.05
232 12/15/2025 141.76 58.23 11,505.28
233 1/15/2026 142.47 57.52 11,362.81
234 2/15/2026 143.18 56.81 11,219.62
235 3/15/2026 143.90 56.09 11,075.71
236 4/15/2026 144.62 55.37 10,931.09
237 5/15/2026 145.34 54.65 10,785.74
238 6/15/2026 146.07 53.92 10,639.66
239 7/15/2026 146.80 53.19 10,492.86
240 8/15/2026 147.53 52.46 10,345.32
241 9/15/2026 148.27 51.72 10,197.04
242 10/15/2026 149.01 50.98 10,048.02
243 11/15/2026 149.76 50.24 9,898.26
244 12/15/2026 150.51 49.49 9,747.74
245 1/15/2027 151.26 48.73 9,596.48
246 2/15/2027 152.02 47.98 9,444.46
247 3/15/2027 152.78 47.22 9,291.67
file://C-OOCUNI&-I\Law\LOCALS-I\Tenip\6HX95KTQ.htm 7/21/2006
Vage 9 of 10
248 4/15/2027 153.54 46.45 9,138.13
249 -5/15/2027 154.31 45.69 8,983.82
250 6/15/2027 155.08 44.91 8,828.73
251 7/15/2027 155.86 44.14 8,672.87
252 8/15/2027 156.63 43.36 8,516.23
253 9/15/2027 157.42 42.58 8,358.81
254 .10/15/2027 158.20 41.79 8,200.60
255 11/15/2027 159.00 41.00 8,041.60
256 12/15/2027 159.79 40.20 7,881.80
257 1/15/2028 160.59 39.40 7,721.21
258 2/15/2028 161.39 38.60 7,559.81
259 3/15/2028 16220 37.79 7,397.60
260 4/15/2028 163.01 36.98 7,234.59
261 5/15/2028 163.83 36.17 7,070.76
262 6/15/2028 164.65 35.35 6,906.11
263 7/15/2028 165.47 34.53 6,740.63
264 8/15/2028 166.30 33.70 6,574.33
265 9/15/2028 167.13 32.87 6,407.20
266 10/15/2028 167.96 32.03 6,239.23
267 11/15/2028 168.80 31.19 6,070.42
268 12/15/2028 169.65 30.35 5,900.77
269 1/15/2029 170.50 29.50 5,730.27
270 2/15/2029 171.35 28.65 5,558.92
271 3/15/2029 172.20 27.79 5,386.71
272 4/15/2029 173.07 26.93 5,213.64
273 5/15/2029 173.93 26.06 5,039.70
274 6/15/2029 174.80 25.19 4,864.90
275 7/15/2029 175.67 24.32 4,689.22
276 8/15/2029 176.55 23.44 4,512.66
277 9/15/2029 177.44 22.56 4,335.22
278 10/15/2029 178.32 21.67 4,156.89
279 11/15/2029 179.21 20.78 3,977.67
file://C:\DOCUME-I\Law\LOCALS-1\Temp\6HX95KTQ.htm 7/21/2006
Page 10 of 10
280 112/15/2029 180.11 19.88 3,797.56
281 1/15/2030 181.01 18.98 3,616.54
282 2/15/2030 181.92 18.08 3,434.62
283 3/15/2030 182.83 17.17 3,251.79
284 4/15/2030 183.74 16.25 3,068.04
285 5/15/2030 184.66 15.34 2,883.38
286 6/15/2030 185.58 14.41 2,697.79
287 7/15/2030 186.51 13.48 2,511.28
288 8/15/2030 187.44 12.55 2,323.83
289 9/15/2030 188.38 11.61 2,135.44
290 10/15/2030 189.32 10.67 1,946.12
291 11/15/2030 -190.27 9.73 1,755.84
292 12/15/2030 191.22 8.77 1,564.62
293 1/15/2031 192.18 7.82 1,372.44
294 2/15/2031 193.14 6.86 1,179.30
295 3/15/2031 194.10 5.89 985.19
296 4/15/2031 195.07 4.92 790.11
297 5/15/2031 196.05 3.95 594.06
298 6/15/2031 197.03 2.97 397.02
299 7/15/2031 198.01 1.98 199.00
300 8/15/2031 199.00 0.99 0.00
Totals 31,042.001 28,9 9,21
file://C:IDOCUME-11Law1LOCALS-11Temp16HX95KTQ.htm 7/21/2006
EXHIBIT D
FREY & TILEY
ATTORNEYS-AT-LAW
5 SOUTH HANOVER STREET
CARLISLE, PENNSYLVANIA 17013
ROBERT M. FREY
OF COUNSEL
STEPHEN D. TILEY
ROBERT G. FREY
December 5, 2008
Ms. Carol Hench
930 Gobin Drive
Carlisle, PA 17013
Re: Fry to Hench
Dear Carol:
TELEPHONE (717) 243-5838
FACSIMILE (717) 243-6441
I am writing to advise you that I have been contacted by your aunt, Wanda
Fry, concerning payments owed for the property you are purchasing from her on
Trindle Road in Middlesex Township. She requests that all required payments
be made to her immediately, in cash or money order, or she will consider you in
breach of the agreement and begin proceedings to foreclose on the property.
I thank you for your review and attention to this matter.
Sincerely yours,
-z" ?.
Robert G. Frey
RGF/tl
cc: Ms. Wanda Fry
EXHIBIT E
J =P, 'Jr Cf?
2001 JUN 11 Pit 12 21
Tax Parcel No.
THIS DEED,
14-
MADE THE 4
day of June in the year of our Lord two thousand seven (2003).
BETWEEN WANDA MAE FRY, unmarried, of Middlesex Township, Cumberland
County, Pennsylvania, party of the first part,
Grantor,
and
CAROL HENCH, unmarried, of Middlesex Township, Cumberland County,
Pennsylvania, party of the second part,
Grantee:
WrTNESSETH, that in consideration of One --($1,00) ---Dollar, in hand paid
the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and
convey to the said Grantee, her heirs and assigns,
ALL THOSE FOUR CERTAIN lots of ground situate in the Township of
Middlesex, (formerly Township of North Middleton), County of Cumberland, and State
of Pennsylvania, numbered according to the Dale Fetrow Revised Plan of Lots, which
said Plan is recorded in the Office of the Recorder of Deeds, in and for Cumberland
County, at Carlisle, Pennsylvania in Plan Book 3, Page 103, being Lots Nos. 11, 12, 13,
and 14 as shown on said Plan, and having a frontage of 200 feet along the North side of
Trindle Spring Road and extending at an even width to a depth of 200 feet.
SUBJECT, however, to the restrictions as they appear on the Dale Fetrow
Revised Plan of Lots recorded as aforesaid.
BEING the same premises which Powder Mill Corporation by deed dated July
14, 1987 and recorded July 14, 1987, in the Office of the Recorder of Deeds, in and for
Cumberland County, at Carlisle, Pennsylvania, in Deed Book "U," Volume 32, Page 411,
granted and conveyed to Wanda Mae Fry, the Grantor herein.
THE WITHIN conveyance is under and subject to the reservations, easements
and restrictions, contained in Deed Book "U," Volume 32, Page 410.
AND the said Grantor does hereby covenant and agree that she will warrant
SPECIALLY the property hereby conveyed.
6oox 280 MEMO
03/23/2009 1:07:29 PM CUMBERLAND COUNTY Inst.# 200720086 - Page 1 of 3
IN WITNESS WHEREOF, said Grantor has hereunto set her hand and seal this
day and year first above written.
Signed, Sealed, and Delivered
in the Presence of
/J&L (SEAL)
WANDA MAE Y
Commonwealth of Pennsylvania
County of Cumberland
}ss.
On this, the la day of June, 2007, before me, the undersigned officer,
personally appeared WANDA MAE FRY, unmarried, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
.
Mr Cannnom EtpKes Jun / 2010
I do hereby certify that the precise residence and co plete post office ess of J
the within named Grantee is rf a(e ?Q `w v* no(3
I Ccrti fy this to be recorded Robert G. Frey, Esquirel 0'.?
In Cumberland County PA Attorney for Grantee
Recorder of Deeds
03/23/2009 1:07:29 PM
Awl
X11 a
-zo ;6
U
Wex 280 PACEiZ=
M M N
.p ?,., ,.. .1 it r
r. ,pN+?FONOpl ?t+ J1 NV1
??O O?O??O O~D CiO W
CUMBERLAND COUNTY
inst_# 700790MA - Pa„a 9 M z
COMMONWEALTH OF PENNSYLVANIA -
DEPARTMENT OF REVENUE REALTY TRANSFER TAX sate Tax Pald 441 .1%
ISUMAU OF MNSIUAL TAXES STATEMENT OF VALUE Book Number
DEPT 280603 Number
HAPJUSPAG, PA 17128-0603 Sea RsvM fine MoV000orn onto fMcordsd Whial
Com&M Gogh section and file In dupYcte MAIN Recorder d Desde when (1) the U VWWkWWft MM Is not set MM the deed (2) when the dead
Is www consideration, or by gK or (3) awe ww"on Is claimed. A Sf tsnnnt of Value Is not requi ed B the transfer Is wholly exepmt from tax
based on: (1) family reWdonahip or (2) public Why easement. 9 more space Is r»eded, attach addillonai sheet(s).
..
Name Tewphone Number.
Street Address City State crap Code
.. " Dated AcawWx* of Doc am 7607
- ?s
)
Grantor{!)/Leesor(s Grantes(!)/Leaaee(!)
h
a
xa carol Reac
street Address street Address I Y's A
City state Zip Code city state asp code
C-s l ?•?5?? p,
t 1? ( 01.3 C.F.r I•f??
64
Street Address City, Township, Boroug
carlislw FJL h
17013
stirisale Road,
Scholl District Tax Parcel Number
County
-- r t
!. ?. `` .. y... .
041. Actual Cash Consideration 2. Other Consideration 3. Total Consideration
$1.00 +$0.00 $1.00
4. County Assessed Value S. Common Level Rata 6. Fair Market Value
Z2. 1r
1 a. Amount of Exemption Claimed 1 b. Percentage of Interest Conveyed
Ot Ott
2. C?" ApprOprlale Sox Eaow for Exemption Claimed
wAlor intestate succession
(Name of pepedemt) (Estate File Number)
F7 Transfer to industrlel Development Agency.
Transfer to agent or straw party. (Attach copy of agency/straw party agreement).
Transfer between principal and agent. (Attach copy of agency/straw trust agreement). Tax paid prior deed $
Transfers to the Commonwealth, the United States, and instrumentalities by gift, dedication, condemnation or in Neu of condemnation.
(Attach copy of resolution).
Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number Page mm"ber
0 Corrective deed (Attach copy of the prior deed).
Statutory Corporate consolidation, merger or division. (Attach Copy of articles).
Other (Please explain exerrmtion claimed, if other than fisted above.)
Udder pertaltlee of law, I deflate lira 1 have exemksd thle at on wrt, kneMrdM - wpm per-1 m idonmallm and b the herd of my lararw 10e
and bawl it to yuk corset and
Signature or 0 7 Date
. a 2007
BOOR 280 PAGEM2
03/23/2009 1:07:29 PM CUMBERLAND COUNTY lnsr tt 9nr79nnAA - P.- z of
EXHIBIT F
INSTALLMENT SALES AGREEMENT FOR REAL ESTATE
THIS AGREEMENT, made this day of August, 2006, by and between: WANDA
FRY, hereinafter referred to as "Sellers"; and CAROL HENCH, hereinafter referred to as "Buyer."
WITNESSETH:
WHEREAS, the Seller is the owner in fee of certain parcel of real estate more particularly
bounded and described herein below and the Buyer wishes to purchase said real estate from Seller;
and
WHEREAS, the parties have reached agreement for the sale of said real estate from Seller to
Buyer on the terms and conditions more fully set forth herein below.
NOW, THEREFORE, the parties hereto, in consideration of the above recitals and of the
mutual covenants and promises made and to be kept herein below, and intending to be legally bound
and to legally bind and to legally bind their heirs, successors, personal representatives, and assigns, do
mutually covenant, promise, and agree as follows:
Seller hereby agrees to sell, grant and convey to Buyer, and Buyer hereby agrees to
purchase, subject to performance by Buyer of all the covenants, provisions, and conditions of this
Agreement, the real estate more particularly bounded and described on Schedule A, which is attached
hereto and made a part hereof by reference.
2. The price or consideration shall be THIRTY ONE THOUSAND FORTY TWO AND
NO1100 ($31,042.00) DOLLARS which shall be paid to the Seller by Buyer in the following manner
or way:
(a) Buyer, Carol Hench has already paid the sum of TWO HUNDRED FIFITY
AND NO/100 ($250.00) DOLLARS to Seller, Wanda Fry.
(b) The sum of ($31,042.00) DOLLARS, at a six (6) %, shall be payable in equal
monthly installments of TWO HUNDRED ($200.00) DOLLARS which said
installments shall be paid to Seller at Seller's address as listed herein (or at
such other address or addresses as the Sellers may direct by written notice to
Buyer, and the first of which said payments shall be due on the 15th day of
August, 2006, and on the 15th day of each and every month thereafter. Said
monthly payment shall be applied in accordance with the mortgage schedule
attached hereto as Exhibit B and by referenced incorporated herein and made
a part hereof.
(c) Interest of six (6) % will be charged every month on the unpaid balance until
the balance is paid in full in accordance with the mortgage schedule attached
hereto as Exhibit B and by referenced incorporated herein and made a part
hereof.
(d) For any payments received by Seller more than ten (10) days after its due
date, Seller shall be entitled to charge and assess a late charge equivalent to
five (5%) percent of such late payment.
(c) Prepayment Penalty. If Buyer wishes to prepay or pay off the amount due in
the entirety, a penalty consisting of all interest which would have been paid
over the remaining term shall become immediately due. In the interest of the
parties being that any early payment or pay off be penalized so that the
amount due is no less than $60,000.00 minus principal and interest paid as of
the date of the early payment or payoff.
2
3. Buyer hereby covenants, promises and agrees to pay the full amount due and owing
under this Agreement, to include any and all interest then due, on or before August, 2031. However,
any failure to pay said sum to Sellers within said time periods shall be a substantial default on this
Agreement and shall entitle Sellers to retain all monies paid pursuant to this Agreement and to all
other remedies in case of non-payment or default as provided herein below.
4. Upon full compliance with the terms and provisions of this Agreement by Buyer,
including the payment provisions, Seller covenants, agrees and promises to deliver to Buyer a good
and valid fee simple special warranty deed conveying the above-described real estate to Buyer free
and clear of all liens, encumbrances, easements, and restrictions, accepting only existing restrictions
and easements of roads, privileges, or rights of public service companies, if any, and any and all other
matters which a physical inspection of the premises would disclose as of the date ofthis Agreement or
all other matters which are recorded in the Recorder of Deeds Office in Cumberland County,
Pennsylvania, so as to the title to the above-described real estate shall be good and marketable and all
ways and will be such as will be insured by any reputable title insurance company operating in the
county which the real estate is situate, at regular rates, and without qualifications or exception.
5. Water and sewer rents, if any, together with trash and sanitation collection fees shall
be apportioned pro rata as of the date of this Agreement and the parties shall bear their respective
portions thereof. All transfer taxes imposed by any governmental body shall be borne equally by the
parties hereto at the time of final settlement. All water and sewer rents, trash and sanitation collection
fees, and all other taxes, assessments, and fees imposed by any local government or authority shall,
after the execution of this Agreement, be borne exclusively by the Buyer, who hereby promises and
warrants to hold the Seller blameless for any failure to pay same and hereby agrees to reimburse Seller
for any losses occasioned by Buyer's failure to make such payments.
3
Seller is responsible for all real estate taxes that may be due on the Property on or before July
21, 2006. Beginning July 22, 2006, Buyer shall be responsible for same. Seller will provide Buyer
with copies of all tax bills. Buyer will provide Seller with proof of payment of all tax bills.
6. Possession is to be given on or before July 21, 2006 by the delivery of keys to the
premises from Sellers to Buyer.
7. Buyer shall assume and be responsible for the said property and hereby covenants and
agrees to keep the property in as good of a condition and repair as it is as of the date of the signing of
this Agreement, reasonable wear and tear resulting from reasonable and normal use excepted. No
major improvements, repairs, or alterations shall be made to the said premises without the prior
written consent of the Sellers, which consent shall not be unreasonably withheld, and, in the event that
any work whatsoever is done on the property, Buyers agree to secure Stipulations against Liens from
all contractors, subcontractors, and materialmen who work on the said premises or supply material
thereto with such Stipulations against Liens running in favor or the Seller and Buyer. And further,
Buyer hereby agrees that, at the conclusion of the performance of any such labor or the delivery or
supply of any such materials in connection with any such construction, improvement, or work done
on the premises, that Buyers shall have all contractors, subcontractors, and materialmen execute
proper and binding Releases of Liens in favor of Seller and Buyer. And further, Buyer hereby
covenants, promises, and agrees to indemnify and save Seller harmless from any and all claims for
work done or material furnished in connection with Buyer maintaining, altering, and improving, or
constructing the said premises. Also, during the term of this Agreement, Buyer shall not vacate the
property or rent the property to anyone without Seller's written consent.
8. Buyer shall reimburse Seller for Seller's costs in maintaining a fire and extended
coverage insurance policy on the subject premises. Additionally, Buyer shall insure his interest in the
subject property exclusive of the contents thereof, for the coverage of not less than SIXTY
4
THOUSAND ($60,000.00) DOLLARS. Said policy will be purchased and maintained by, and at the
expense of, the Buyer and, as of the date hereof, the policies shall be endorsed by the insuring
companies for the benefit of both the Seller and Buyer as their respective interests may appear
between the date of this Agreement and the final settlement hereunder. Buyer hereby further
covenants, agrees and promises to indemnify and save harmless the Seller, her heirs, successors,
personal representatives, and assigns, from any liability or loss, including Court and counsel fees for
any defense litigation, resulting from any accident, injury, or occurrence on the said premises or
connected in any way thereto.
9. Such gas and electric fixtures, heating and plumbing systems, ranges, refrigerators, air
conditioning equipment and laundry fixtures and machines now in or on said premises and which are
the property of Seller are included in this sale.
10. This Agreement is not assignable by the Buyer without the written consent, in
advance, of the Seller.
11. In the event that Buyer shall be in default of any of the terms and provisions of this
Agreement, Seller shall give written notice to Buyer, sent to Buyer's address as listed herein, of such
default. Said notice shall be sent certified mail, return receipt requested, and the notice shall be
effective as of the date of mailing if so mailed. If Buyer does not cure such default to the satisfaction
of Seller within fifteen (15) days of Seller's letter being mailed to Buyer, Seller shall have the right, at
Seller's own and sole option, to any of the following remedies;
(a) Seller may declare this Agreement null and void and may retain any and all
payments made by Buyer to Seller pursuant to this Agreement and may at Seller's sole option, retake
possession of the premises, sue Buyer for the balance due under this Agreement, or both;
(b) In the event (i) Buyer default under this Agreement; (ii) Buyer fail to cure the
default after notice from Seller in accordance with this paragraph 11; (iii) Seller elect to take
5
possession of the premises; and (iv) Seller thereafter sell the premises to a third parry, then the gross
proceeds of such sale shall be disposed of in the following manner:
(1) All costs of such We shall be paid therefrom;
(2) Seller shall be paid the entire principal balance together with any
accrued interest then due and owing from Buyer to Seller under this Agreement to and including the
date of such sale to which amount shall be added an attorney's fee equal to twenty (20%) percent of
such principal and interest;
(3) To the extent any portion of such close proceeds remain after the
payment of the items set forth in paragraph 11(b)(1) and (2) (the "Excess Funds"), the Buyer shall be
entitled to receive a portion of the excess funds which shall be equal to the gross proceeds of such
sale less the amounts paid in accordance with paragraph 11(b)(1) and (2). In no event, however, shall
such portion of the excess funds be paid to Buyer be greater than the total paid by Buyer to Seller(s)
under this Agreement prior to Buyer's default; and
(4) The remainder of the excess funds, if any, shall be paid to Seller;
(c) If the Buyer is in possession of the premises at the time Seller declare this
Agreement terminated and if Seller elect to proceed in accordance with the provisions ofParagraph
11(b) of this Agreement, Buyer hereby authorize any attorney, as attorney for Buyer, to sign an
agreement, for entering in any competent court, to an amicable action and judgment in ejectment
against Buyer and all persons claiming under the Buyer, for the recovery of Seller ofpossession ofthe
premises, for which this shall be a sufficient warrant; and thereupon a writ of possession may be
issued forthwith, without any prior proceedings whatsoever, and Buyer hereby release Seller from all
errors and defects and Buyer hereby release Seller from all errors and defects whatsoever and entering
such action in ejectment, or causing such writ to be issued, or any proceedings thereon, or concerning
the same, and hereby agree that no writ of error, obligation, or exception shall be made or taken
6
thereto.
(d) In the event Seller do not take possession of premises pursuant to paragraph
11(b) of this Agreement, Buyer hereby authorize and empower any attorney of any court of record of
Pennsylvania or elsewhere to appear for and enter judgment against Buyer or either of them, in favor
of Seller for the total sum then due under the terms of this Agreement, together with costs of suit,
release of heirs, without stay of execution, with reasonable interest, and with ten (10%) percent added
as reasonable attorney's fees and Buyer hereby waive and release all benefit and relieffrom any and all
appraisement, stay, or exemption laws of any state now in force or hereinafter to be passed.
12. For purposes of this Agreement, the current address of Seller is: 1429 Trindle Road,
Carlisle, Pennsylvania 17013; and the address of Buyer is: 1431 Trindle Road, Carlisle, Pennsylvania
17013.
13. The failure of the Seller to insist upon strict performance by Buyer of the terms ofthis
Agreement shall not be construed as a waiver, release, or relinquishment thereof.
14. This Agreement contains the entire Agreement between the Buyer and Seller and there
are no other terms, obligations, covenants, representations, statements, or conditions or otherwise, of
any kind whatsoever.
15. This Agreement, or a Memorandum thereof, shall be recorded mi the Recorder of
Deeds Office of the County where the real property is located. Seller shall bear the cost for said
recording.
7
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
WITNESS:
)YAuda Fry - Se
tvoffiench - Buyer
ACKNOWLEDGMENT
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss:
On this, the Y/, day of August, 2006, before me, personally appeared Wanda Fry, known
to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument,
and acknowledged that she executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
NotqPublic
;notarial Seal
My ?ommi ory Public
C?.riisl^ Bof'o, Cumbe;iand r .,c+;r,"),
Pi11y?;c:mmission Excises Nov. i 2,20'03 l
, -.
i, Peunsy pia F,vS?
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ACKNOWLEDGMENT
ss:
On this, the day of August, 2006, before me, personally appeared Carol Hench,
known to me (or satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that she executed the same for the purposes therein contained
In
witness whereof, I hereunto set my hand and official seal. /
-VIA &zw
Notary blic
My commission expires:
f dia? al Sea'
Magin H. ftse iv.Jta;y Pub'-,
8 Griis'^ Borg, S:.;rr!,er.and cur. v
EXHIBIT G
. 1 -7qa
7'jo Ur4 1?5
THIS DEED
MADE THE -2J TE day of in the year of our KDJV
Lord two thousand eight (2008)
BETWEEN CAROL HENCH, single person of Cumberland
County, Pennsylvania, hereinafter referred to as
(Grantor)
and R. SCOTT MARTIN and PAMELA S. MARTIN, husband and wife
of Cumberland County, Pennsylvania, hereinafter referred
to as
(Grantees)
WITNESSETH, that in consideration of Thirty-eight Thousand Seven
Hundred Dollars and 00/100 ($38,700.00) in hand paid, the receipt
whereof is hereby acknowledged, the said grantor does hereby grant
and convey to the said grantees, their heirs and assigns as
tenants by the entireties:
ALL THOSE FOUR CERTAIN lots of ground situate in the Township of
Middlesex, County of Cumberland, and State of Pennsylvania,
numbered according to the Dale Fetrow Revised Plan of Lots, which
said Plan is recorded in the Office of the Recorder of Deeds in
and for Cumberland County, at Carlisle, Pennsylvania, in Plan Book
3, Page 103, being Lots Nos. 11, 12, 13, and 14 as shown on said
Plan, and having a frontage of 200 feet along the North side of
Trindle Spring Road and extending at an even width to a depth of
200 feet.
SUBJECT, however, to the restrictions as they appear on the Dale
Fetrow Revised Plan of Lots recorded as aforesaid.
THE WITHIN conveyance is under and subject to the reservations,
easements and restrictions, contained in Deed Book U, Vol. 32,
Page 410.
BEING the same premises which Wanda Mae Fry, single person by deed
dated June 6, 2003 and recorded in the Office of the Recorder of
Deeds in and for Cumberland County, in Deed Book 280, Page 2100,
granted and conveyed unto.. Carol Hench, single person, Grantor
herein.
03/23/2009 1:08:39 PM CUMBERLAND COUNTY incr & gnna179d2 - P.- 1 f 'l
AND the said grantor hereby covenants and agrees that she
will warrant specially the property hereby conveyed.
IN WITNESS WHEREOF, said grantor has hereunto set her hand
and seal the day and year above written.
v
SIGNED, SEALED AND DELIVERED:
IN THE PRESENCE OF Ca ench
State of Pennsylvania
County of Cumberland S.
On this, the CD-1 day of 2008, before
me, the undersigned officer personally ap eared Carol Hench,
single person, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and
acknowledged that she executed the same for the purposes therein
contained.
TN WTIMES
- He I here t set my h and official seal.
NOTARIAL
RENEE L. MURRAY, Notary Pablk
Cariisic so% Cumbadand County. PA (SEAL)
My Comminjoa Expires Dec. 13,200 Title of O f f c r
I do hereby certify that the precise residence and complete
post office address of the within named grantee is
ZS-5 CAcT4S (J-'L(. P44P/ Crg(iC.ISLE, ?A I7 ot3
2008 A- -
Attorney for
03/23/2009 1:08:39 PM CUMBERLAND COUNTY Inst.# 200817242 - Page 2 of 3
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200817242
Recorded On 5/23/2008 At 2:51:23 PM
* Instrument Type - DEED .
Invoice Number - 21568 User ID - KW
* Grantor - HENCH, CAROL
* Grantee - MARTIN, R SCOTT
* Customer - ABSTRACT CO
* FEES
STATE TRANSFER TAX
STATE WRIT TAX
STATE JCS/ACCESS TO
JUSTICE
RECORDING FEES -
RECORDER OF DEEDS
AFFORDABLE HOUSING
COUNTY ARCHIVES FEE
ROD ARCHIVES FEE
CUMBERLAND VALLEY
SCHOOL DISTRICT
MIDDLESEX TOWNSHIP
TOTAL PAID
$387.00
$0.50
$10.00
$11.50
$11.50
$2.00
$3.00
$193.50
$193.50
$812.50
I Certify this to be recorded
in Cumberland County PA
* Total Pages - 3
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
RECORDER O D DS
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
IIIINIIIIN75IflIN
03/23/2009 1:08:39 PM CUMBERLAND COUNTY Inst.# 200817242 - Page 3 of 3
EXHIBIT H
V
THIS DEED
ST
MADE THE day of in the year of our
Lord two thousand eight (2008)
BETWEEN R. SCOTT MARTIN and PAMELA S. MARTIN, husband
and wife of Cumberland County, Pennsylvania, hereinafter
referred to as
(Grantors)
and CAROL HENCH, single person, of Cumberland County,
Pennsylvania, hereinafter referred to as
(Grantee)
WITNESSETH, that in consideration of Thirty-two Thousand Eight
Hundred Thirty Thousand Dollars and 00/100 ($32,830.00) .in hand
paid, the receipt whereof is hereby acknowledged, the said
grantors do hereby grant and convey to the said grantee, her heirs
and assigns:
ALL THAT CERTAIN lot of ground situate in North Middleton
Township, Cumberland County, Pennsylvania, bounded and described
as follows:
BEGINNING at a point in the northern side of Gobin Street which
point is a corner of Lot No. 64 on the hereinafter mentioned Plan
of Lots; thence northwardly along Lot No. 64 a distance of 152.6
feet to a point in line of Lot No. 80; thence Eastwardly along Lot
No. 80 a distance of 75.1 feet to a point in line of Lot No. 66;
thence southwardly along Lot No. 66 a distance of 150.7 feet to a
point in the northern side of said Gobin Street; thence westwardly
along the northern side of said Gobin Street a distance of 75 feet
to a point, the Place of BEGINNING.
BEING Lot No. 65 on that certain Plan of Additional Lots of
Greenvale, said Plan of Lots being entered of record in the Office
of the Recorder of Deeds at Carlisle, Pennsylvania in Plan Book 5,
Page 40.
UNDER AND SUBJECT to the restrictions and conditions as filed with
the said Plan of Additional Lots of Greenvale.
03/23/2009 1:09:20 PM CUMBERLAND COUNTY Inst.# 200817243 - Pana 1 of d
BEING the same premises which Mary C. Ramp
15, 1994 and recorded in the Office of th
and for Cumberland County in Deed Book 111,
conveyed unto R. Scott Martin and Pamela
wife, Grantors herein.
by deed dated September
e Recorder of Deeds in
Page 1037, granted and
S. Martin, husband and
AND the said grantors hereby covenant and agree that they
will warrant specially the property hereby conveyed.
03123/2009 1:09:20 PM CUMBERLAND COUNTY inst.# 200817243 - Page 2 of 4
IN WITNESS WHEREOF, said grantors have hereunto set their
hands and seals the day and year above written.
SIGNED, SEALED AND DELIVERED:
IN THE PRESENCE OF :
State of Pennsylvania
R Scott Martin J. ??
Pamela S. M rtin
County of Cumberland SS
NOTARIAL SEAL
REM L MURRAY, Notwy PWAic { SEAL )
Codilk 00% CWnbodoW C&A0, FA Tittle of O f er
My C"MoiNdon 18.0 Doc. 13.2009
I do hereby certify that the precise residence and complete
post office address of the within named grantee is
2008 2t o pi A R i o N - IA vE ijiAc) CA-Ru S(, C, PA- 11013
Attorney for
On this, the ? day of 2008, before
me, the undersigned officer personally a ared R. Scott Martin
and Pamela S. Martin, husband and wife, own 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 purpose therein c ntained.
IN WITNESS WHEREOF, I hereun set my n d official seal.
03/23/2009 1:09:20 PM CUMBERLAND COUNTY Inst.# 200817243 - Page 3 of 4
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200817243
Recorded On 5/23/2008 At 2:52:14 PM
* Instrument Type - DEED
Invoice Number - 21569 User ID - RAK
* Grantor - MARTIN, R SCOTT
* Grantee - HENCH, CAROL
* Customer - ABSTRACT CO
* FEES
STATE TRANSFER TAX
STATE WRIT TAX
STATE JCS/ACCESS TO
JUSTICE
RECORDING FEES -
RECORDER OF DEEDS
AFFORDABLE HOUSING
COUNTY ARCHIVES FEE
ROD ARCHIVES FEE
CARLISLE AREA SCHOOL
DISTRICT
NORTH MIDDLETON
TOWNSHIP
TOTAL PAID
$328.30
$0.50
$10.00
$11.50
$11.50
$2.00
$3.00
$164.15
$164.15
$695.10
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
RECORDER O D DS
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
IIIAI?IIIIIINIISN
* Total Pages - 4
03/23/2009 1:09:20 PM CUMBERLAND COUNTY Inst.# 200817243 - Page 4 of 4
MARGARET M. STUSKI, ESQUIRE STEPHANIE E. CHERTOK, ESQUIRE
PA Supreme Court ID #: 42478 PA Supreme Court ID #: 52651
61 West Louther Street 61 West Louther Street
Carlisle, PA 17013 Carlisle, PA 17013
(717) 249-1177 (717) 249-1177
(717) 249-4514 Fax (717) 249-4514 Fax
WANDA FRY,
1429 TRINDLE ROAD
CARLISLE, PA 17013
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
V.
CAROL HENCH
930 GOBIN DRIVE
CARLISLE, PA 17013
CIVIL ACTION
and
R. SCOTT MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013
and
PAMELA S. MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013,
Defendants.
CERTIFICATE OF SERVICE
I, Margaret M. Stuski, Esquire, hereby certify that a copy of the Complaint was served upon
Defendants at Defendants' addresses, this .2/.af' day of , 2009, by first-class mail,
postage prepaid, and certified mail, return receipt requested, pursuant to Pa.R.C.P. 1930.4 (c).
"Aw
Mar et M. S s i Es, uire
q
0
FILED--` ,`_;
.,F THE ?y [ R?
2909 MAY 21 PI l 12: c5b"
CUI ; .
7011
Cu ? ???a
MARGARET M. STUSKI, ESQUIRE STEPHANIE E. CHERTOK, ESQUIRE
PA Supreme Court ID #: 42478 PA Supreme Court ID #: 52651
61 West Louther Street 61 West Louther Street
Carlisle, PA 17013 Carlisle, PA 17013
(717) 249-1177 (717) 249-1177
(717) 249-4514 Fax (717) 249-4514 Fax
WANDA FRY,
1429 TRINDLE ROAD
CARLISLE, PA 17013
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-3240
V.
CAROL HENCH
930 GOBIN DRIVE
CARLISLE, PA 17013
CIVIL ACTION
and
R. SCOTT MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013
and
PAMELA S. MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013,
Defendants.
AMENDED CERTIFICATE OF SERVICE
I, Stephanie E. Chertok, hereby certify that I have this day of ?a served the foregoing
I
document upon all parties of record in this proceeding in accordance with the requirements of § 33.32
(relating to service by a participant).
phani E. Chertok, Esquire
OF THE F" ' ` V",TA ?`?
2069 ft, AY 22 A 9* *1 9
Sheriffs Office of Cumberland County
R Thomas Kline $%.P et cumbtrl Edward L Schorpp
Sheri'" Solicitor
Ronny R Anderson t Jody S Smith
Chief Deputy OFFICE OF THE SHERIFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
05/22/2009 06:35 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May
22, 2009 at 1835 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Carol Hench, by making known unto herself personally, defendant at 930 Gobin Drive
Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her
personally the said true and correct copy of the same.
05/26/2009 10:45 AM - Ronny Anderson, Chief Deputy, who being duly sworn according to law, states that on May 27
2009 at 1045 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Pamela S. Martin, by making known unto George Douglas III, Esquire at 1 Courthouse
Square, Room 303 Carlisle Cumberland County, Pennsylvania 17013 its contents and at the same time
handing to him personally the said true and correct copy of the same.
0507/2009 10:45 AM - Ronny Anderson, Chief Deputy, who being duly sworn according to law, states that on May 27
2009 at 1045 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: R. Scott Martin, by making known unto George Douglas III, Esquire at 1 Courthouse
Square, Room 303 Carlisle Cumberland County, Pennsylvania 17013 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $69.44 SO ANSWERS,
May 29, 2009 R THOMAS KLINE?,,8A€?F
2009-3240
Wanda Fry
V
Carol Hench
?Y
t
N)
sit
I*
:a
z
-TI
:.--I
t?
MARGARET M. STUSKI, ESQUIRE STEPHANIE E. CHERTOK, ESQUIRE
PA Supreme Court ID #: 42478 PA Supreme Court ID #: 52651
61 West Louther Street 61 West Louther Street
Carlisle, PA 17013 Carlisle, PA 17013
(717) 249-1177 (717) 249-1177
(717) 249-4514 Fax (717) 249-4514 Fax
WANDA FRY,
1429 TRINDLE ROAD
CARLISLE, PA 17013
Plaintiff,
V.
CAROL HENCH
930 GOBIN DRIVE
CARLISLE, PA 17013
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-3240
CIVIL ACTION
and
R. SCOTT MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013
and
PAMELA S. MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013,
Defendants.
PRAECIPE FOR LIS PENDENS
TO THE PROTHONOTARY:
Please index the above-captioned action to impress a constructive trust as a lis pendens
against the following real property recorded in Cumberland County Deed Book 3, Page 103,
described therein as follows:
ALL THESE FOUR CERTAIN lots of ground situate in the Township of Middlesex,
County of Cumberland, and State of Pennsylvania, numbered according to the Dale
Fetrow Revised Plan of Lots, which said Plan is recorded in the Office of the Recorder of
Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Plan Book 3, Page
103, being Lots Nos. 11, 12, 13, and 14 as shown on said Plan, and having a frontage of
200 feet along the North side of Trindle Spring Road and extending at an even width to a
depth of 200 feet.
SUBJECT, however, to the restrictions as they appear on the Dale Fetrow Revised Plan
of Lots recorded as aforesaid.
THE WITHIN conveyance is under and subject to the reservations, easements and
restrictions, contained in Deed Book U, Vol. 32, Page 410.
BEING the same premises which Wanda Mae Fry, single person by deed dated June 6,
2003 and recorded in the Office of the Recorder of Deeds in and for Cumberland County,
in Deed Book 280, Page 2100, granted and conveyed unto Carol Hench, single person,
Grantor herein.
Date: o
M . Stuski, Esquire
Attorney for Plaintiff
PA Supreme Court ID #: 42478
61 W. Louther Street
Carlisle, PA 17013
(717) 249-1177
2
MARGARET M. STUSKI, ESQUIRE STEPHANIE E. CHERTOK, ESQUIRE
PA Supreme Court ID #: 42478 PA Supreme Court ID #: 52651
61 West Louther Street 61 West Louther Street
Carlisle, PA 17013 Carlisle, PA 17013
(717) 249-1177 (717) 249-1177
(717) 249-4514 Fax (717) 249-4514 Fax
WANDA FRY,
1429 TRINDLE ROAD
CARLISLE, PA 17013
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-3240
V.
CAROL HENCH
930 GOBIN DRIVE
CARLISLE, PA 17013
CIVIL ACTION
and
R. SCOTT MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013
and
PAMELA S. MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013,
Defendants.
CERTIFICATE OF SERVICE
The undersigned does hereby certify that on the date indicated a true and correct copy of
the foregoing Praecipe for Lis Pendens was forwarded to the Sheriff of Cumberland County,
Pennsylvania for service upon the following in accordance with Pa.R.C.P. 400:
CAROL HENCH
C/O STUART J. MAGDULE, ESQUIRE
4431 NORTH FRONT STREET
HARRISBURG, PA 17110
R. SCOTT & PAMELA S. MARTIN
C/O GEORGE F. DOUGLAS, III, ESQUIRE
354 ALEXANDER SPRINGS ROAD, SUITE 1
CARLISLE, PA 17015
DATE: ; A4 f
, Z'? ? " 6 ?" , ? -,-,
eNfWaeiM.'.- s i, Esquire
Attorney for Plaintiff
PA Supreme Court ID #: 42478
61 W. Louther Street
Carlisle, PA 17013
(717) 249-1177
.il THE
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v n r L"' s
# 14.00 Pp A-rr/
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0/
MARGARET M. STUSKI, ESQUIRE STEPHANIE E. CHERTOK, ESQUIRE
PA Supreme Court ID #: 42478 PA Supreme Court ID #: 52651
61 West Louther Street 61 West Louther Street
Carlisle, PA 17013 Carlisle, PA 17013
(717) 249-1177 (717) 249-1177
(717) 249-4514 Fax (717) 249-4514 Fax
WANDA FRY,
1429 TRINDLE ROAD
CARLISLE, PA 17013
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-3240
V.
CAROL HENCH
930 GOBIN DRIVE
CARLISLE, PA 17013
CIVIL ACTION
and
R. SCOTT MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013
and
PAMELA S. MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013,
Defendants.
PRAECIPE FOR LIS PENDENS
TO THE PROTHONOTARY:
Please index the above-captioned action to impress a constructive trust as a lis pendens
against the following real property recorded in Cumberland County Deed Book 111 at Page
1037, described therein as follows:
ALL THAT CERTAIN lot of ground situate in North Middleton Township,
Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point in the northern side of Gobin Street which point is a corner of
Lot No. 64 on the hereinafter mentioned Plan of Lots; thence northwardly along Lot No.
64 a distance of 152.6 feet to a point in line of Lot No. 80; thence Eastwardly along Lot
No. 80 a distance of 75.1 feet to a point in line of Lot No. 66; thence southwardly along
Lot No. 66 a distance of 150.7 feet to a point in the northern side of said Gobin Street;
thence westwardly along the northern side of said Gobin Street a distance of 75 feet to a
point, the Place of BEGINNING.
BEING Lot No. 65 on that certain Plan of Additional Lots of Greenvale, said Plan of
Lots being entered of record in the Office of the Recorder of Deeds at Carlisle,
Pennsylvania in Plan Book 5, Page 40.
Date:
M et M. Stuski, Esquire
Attorney for Plaintiff
PA Supreme Court ID #: 42478
61 W. Louther Street
Carlisle, PA 17013
(717) 249-1177
2
MARGARET M. STUSKI, ESQUIRE STEPHANIE E. CHERTOK, ESQUIRE
PA Supreme Court ID #: 42478 PA Supreme Court ID #: 52651
61 West Louther Street 61 West Louther Street
Carlisle, PA 17013 Carlisle, PA 17013
(717) 249-1177 (717) 249-1177
(717) 249-4514 Fax (717) 249-4514 Fax
WANDA FRY,
1429 TRINDLE ROAD
CARLISLE, PA 17013
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-3240
V.
CAROL HENCH
930 GOBIN DRIVE
CARLISLE, PA 17013
CIVIL ACTION
and
R. SCOTT MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013
and
PAMELA S. MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013,
Defendants.
CERTIFICATE OF SERVICE
The undersigned does hereby certify that on the date indicated a true and correct copy of
the foregoing Praecipe for Lis Pendens was forwarded to the Sheriff of Cumberland County,
Pennsylvania for service upon the following in accordance with Pa.R.C.P. 400:
CAROL HENCH
C/O STUART J. MAGDULE, ESQUIRE
4431 NORTH FRONT STREET
HARRISBURG, PA 17110
R. SCOTT & PAMELA S. MARTIN
C/O GEORGE F. DOUGLAS, III, ESQUIRE
354 ALEXANDER SPRINGS ROAD, SUITE 1
CARLISLE, PA 17015
DATE: G
garet M. Stuski, Esquire
ttorney for Plaintiff
PA Supreme Court ID #: 42478
61 W. Louther Street
Carlisle, PA 17013
(717) 249-1177
4
2909 JUN 24 All 9 31
Vv4 , P y
414. cc P l> ATry
e1L 19 io4
Sheriffs Office of Cumberland County
R Thomas Kline 4,00 0, of Edward L Schorpp
Sheri
Cr Solicitor
Ronny R Anderson 3, y Jody S Smith
Chief Deputy OFFtCECr ?"44FIFF Civil Process Sergeant
Wanda Fry vs. Case Number
Carol Hench 2009-3240
SHERIFF'S RETURN OF SERVICE
06/24/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and
inquiry for the within named defendant, to wit: Carol Hench c/o Stuart J. Magdale, Esquire, but was
unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve
the within Lis Pendens according to law.
06/29/2009 11:20 AM - Dauphin County Return: And now June 29, 2009 at 1120 hours I, Jack Lotwick, Sheriff of
Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Praecipe
for Lis Pendens, upon the within named defendant, to wit: Carol Hench c/o Stuart J. Magdule by making
known unto Terri Laurino, Paralegal at 4431 North Front Street Harrisburg, PA 17110 its contents and at
the same time handing to her personally the said true and correct copy of the same.
06/30/2009 10:28 AM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 25,
2009 at 1028 hours, he served a true copy of the within Lis Pendens, upon the within named defendant, tc
wit: R. Scott Martin, by making known unto Kandy Coyle, office manager at 354 Alexander Springs Road,
Suite 1 Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to
her personally the said true and correct copy of the same.
SHERIFF COST: $58.84 SO ANSWERS,
July 02, 2009 R THOMAS ;KLIE, HE ?-F
Dep. Sh f
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(S)tfirt of the ?Sir'?rirjt
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Mary Jane Snyder Charles E. Sheaffer
Real Estate Depu Chief Deputy
William T. Tully Michael W. Rinehart
Solicitor ZAE Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania WANDA FRY
VS
County of Dauphin CAROL HENCH C/O STUART J MAGDULE,
ESQUIRE -
Sheriff s Return
No. 2009-T-1811
OTHER COUNTY NO. 093240
And now: JUNE 29, 2009 at 11:20:00 AM served the within PRAECIPE FOR LIS PENDENS upon
CAROL HENCH C/O STUART J MAGDULE, ESQUIRE by personally handing to TERRI LAURINO
1 true attested copy of the original PRAECIPE FOR LIS PENDENS and making known to him/her the
contents thereof at 4431 NORTH FRONT STREET HBG PA 17110
PARALEGAL
Sworn and subscribed to So Answers,
before me this 30TH day of June, 2009 kwl?'IL
NOTARIAL SEAL
ARY JANE SNYDER, Notary Publi
Highspire, Dauphin County
M Commission Expires Set 1 2010
Sheriff of Dauphin County, Pa.
By wzn? J 1
Deputy Sheriff
Deputy: R HOPKINS
Sheriffs Costs: $47.25 6/26/2009
In The Court of Common Pleas of Cumberland County, Pennsylvania
Wanda Fry
vs.
Carol Hench
c/o Stuart J. Magdule, Esquire
4431 North Front Street
Harrisburg, PA 17110
Civil No. 2009-3240
Now, June 24, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of
Dauphin County to execute this Writ, this deputation being made at the request and. risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now, , 20 , at o'clock
within
upon
at
by handing to
a copy of the original
and made known to
1VI, served the
Sworn and subscribed before
me this day of ,20
So answers,
Sheriff of
COSTS
SERVICE_
MILEAGE_
AFFIDAVIT
the contents thereof.
County, PA
SALZMANN HUGHES, P.C.
George F. Douglas, III, Esq.
Atty. ID. No. 61886
354 Alexander Spring Rd., Suite 1
Carlisle, PA 17015
(717) 249-6333
GEORGE F. DOUGLAS, III, ESQ.,
PETITIONER
V.
WANDA FRY,
RESPONDENT
t '.. W
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2009 - 3240
CIVIL TERM
NOTICE TO PLEAD
To: Wanda Fry
1772 W. Trindle Road
Carlisle, PA 17015
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YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED
PETITION TO ENFORCE SETTLEMENT AGREEMENT.
Dated: 12-1111
By: `?-
SALZMANN HUGHES, P.C.
George F. Douglas, III, Esq.
Atty. ID. No. 61886
354 Alexander Spring Rd., Suite 1
Carlisle, PA 17015
(717) 249-6333
SALZMANN HUGHES, P.C.
George F. Douglas, III, Esq.
Atty. ID. No. 61886
354 Alexander Spring Rd., Suite 1
Carlisle, PA 17015
(717) 249-6333
GEORGE F. DOUGLAS, III, ESQ.,
PETITIONER
V.
WANDA FRY,
RESPONDENT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2009 - 3240
CIVIL TERM
PETITION TO ENFORCE SETTLEMENT AGREEMENT
TO THE HONORABLE JUDGES OF SAID COURT:
5r
AND NOW, this 2- day of jq?n , 2011, George F. Douglas, III, Esquire
of Salzmann Hughes, P.C., avers the following in support of this Petition to Enforce Settlement
Agreement:
1. Petitioner, George F. Douglas, III, Esquire, an attorney with the law firm of Salzmann
Hughes, P.C. located at 354 Alexander Spring Road, Suite 1, Carlisle, Pennsylvania
17105 (hereinafter referred to as Attorney Douglas).
2. Respondent, Wanda Fry, is an individual with a principal place of residence located at
1772 W. Trindle Road, Carlisle, Pennsylvania, 17015 (hereinafter referred to as
Respondent).
3. On May, 21, 2009, Attorney Stephanie E. Chertok (hereinafter referred to as Attorney
Chertok) filed a Complaint on behalf of her client, Wanda Fry, Plaintiff, who is now the
Respondent, against Carol Hench, Defendant, and R. Scott and Pamela Martin,
Defendants, in the Court of Common Pleas at No. 09-3240 Civil Term. A copy of the
Complaint and the Praecipe for Lis Pendens are attached as Exhibit "A".
4. Attorney Douglas represents Defendants R. Scott and Pamela Martin.
5. Attorney Stuart J. Magdule (hereinafter Attorney Magdule) of the firm Smigel, Anderson
and Sachs, represents the Defendant, Carol Hench.
6. Due to a lack of progress in the settlement negotiations, Attorney Chertok gave
permission to Attorney Douglas on July 7, 2010, to work directly with Plaintiff, Wanda
Fry, in an attempt to reach a compromise. A copy of the letter granting the permission is
attached as Exhibit "B".
7. Due to a lack of progress in the settlement negotiations, Attorney Magdule gave
permission to Attorney Douglas on August 16, 2010, to work directly with Defendant,
Carol Hench, in an attempt to reach a compromise. A copy of the email transmission is
attached as Exhibit "C".
8. Attorney Douglas proceeded with settlement negotiations until a compromise was
reached on approximately November 19, 2010. A Settlement Agreement and General
Release of All Claims was signed by all parties, witnessed and notarized. A copy of the
Agreement is attached as Exhibit "D".
9. A condition of the settlement was that Defendant, Carol Hench, agreed to prepare a Note
and Mortgage payable to Respondent, Wanda Fry, in the amount of $62,500.00. The said
mortgage has been recorded at Instrument No. 201033938 on November 19, 2010, at the
Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. A copy of
the Note and Mortgage are attached as Exhibit "E".
10. The settlement clearly states that all parties are responsible to pay their own legal fees to
respective counsel and any costs associated with this matter. The amount of the said
mortgage was increased from $60,000.00 to $62,500.00 to allow for a payment of
$2,500.00 from Defendant, Carol Hench, to Respondent, Wanda Fry, to compensate the
Respondent for a portion of her legal fees.
11. Attorney Chertok has refused to mark the case satisfied or withdraw her appearance due
to the fact that the Respondent, Wanda Fry, has an overdue invoice of approximately
$2,500.00. A copy of an email from Attorney Chertok is attached as Exhibit "F", which
indicates that she believes the Defendant's should pay the Respondent's overdue invoice.
12. All legal damages requested by Respondent, Wanda Fry, have been paid with the
recording of said mortgage.
WHEREFORE, the Petitioner respectfully requests this Honorable Court to enforce the
Settlement Agreement and order to Respondent to either mark the case satisfied or withdraw her
appearance on behalf of the Respondent, Wanda Fry. It is further requested that the Petitioner be
granted reasonable Attorney fees and costs associated with the preparation of this Petition in the
amount of One Thousand and 00/100 ($1,000.00) Dollars.
Respectfully Submitted,
Dated: JCZ^,A,Q 21 , 2° f
SALZMANN HUGHES, P.C.
By: 6-z?r-. b??A-A- ?9
George F. Douglas, 11 1', Esq.
Atty. ID. No. 61886
354 Alexander Spring Rd., Suite 1
Carlisle, PA 17015
(717) 249-6333
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904,
relating to unsworn falsifications to authorities.
eorge K Douglas, III, Esq.
CERTIFICATE OF SERVICE
I, George F. Douglas, III, of Salzmann Hughes, P.C., hereby certify that a copy of the
foregoing Petition to Enforce Settlement Agreement was served this date by depositing the same
in the Post Office at Carlisle, Pennsylvania, first class mail, postage prepaid, addressed as
follows:
Wanda Fry
1772 W. Trindle Road
Carlisle, PA 17015
Stephanie E. Chertok, Esq.
61 West Louther Street
Carlisle, PA 17013
Respectfully Submitted,
SALZMANN HUGHES, P.C.
?T? L-,Ca
Date: By: A )(-?.
Peorge
F. Douglas, III, Esquire
Attorney ID: 61886
354 Alexander Spring Road, Suite 1
Carlisle, PA 17015
(717) 249-6333
MARGARET M. STUSKI, ESQUIRE STEPHANIE E. CHERTOK, ESQUIRE
PA Supreme Court ID #: 42478 PA Supreme Court ID #: 52651
61 West Louther Street 61 West Louther Street
Carlisle, PA 17013 Carlisle, PA 17013
(717) 249-1177 (717) 249-1177
(717) 249-4514 Fax (717) 249-4514 Fax
WANDA FRY,
1429 TRINDLE ROAD
CARLISLE, PA 17013
Plaintiff,
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. G11'32to
CAROL HENCH
930 GOBIN DRIVE
CARLISLE, PA 17013
and
R SCOTT MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013
and
PAMELA S. MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013,
Defendants.
CIVIL ACTION
TRUE- COPY ,FROM RECORD
In Testimony whereof, I- here unto set my hand
a d the seal -of said Court at Carlisle, Pa.
T ,t.... 9! 6 ... day Af.... ;{.....,
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NOTICE cn
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20) days after
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 DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE.OFFICE SET
EXHIBIT "A"
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY
BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
MARGARET M. STUSKI, ESQUIRE
PA Supreme Court ID #: 42478
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
WANDA FRY,
1429 TRINDLE ROAD
CARLISLE, PA 17013
Plaintiff,
STEPHANIE E. CHERTOK, ESQUIRE
PA Supreme Court ID #: 52651
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. Of' 3a LO
of vi-( r ?
V.
CAROL BENCH
930 GOBIN DRIVE
CARLISLE, PA 17013
CIVIL ACTION
and
R. SCOTT MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013
and
PAMELA S. MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 170131
Defendants.
COMPLAINT
Petitioner, Wanda Fry, by her attorneys, does hereby petition this Court as
follows:
1. Petitioner, Wanda Fry, is an adult female. residing at 1429 Trindle Road,
Carlisle, PA 17013.
2. Petitioner owned a piece of property known as Lots 11, 12, 13 and 14 of the
Dale Fetrow Revised Plan of Lots, Middlesex Township, PA as more fully set forth in the
attached Deed .(Exhibit "A").
3. Defendant, Carol Hench, of 930 Gobin Drive, Carlisle, PA 17013, sought to
buy the above referenced piece of property.
4. Petitioner and Defendant Hench entered into a Memorandum of Installment
Sales Agreement.dated August, 11, 2006. (Exhibit "B")
5. The Installment Sales Agreement was to pay off the amount owed $31,042.00
with an interest rate of 6%.
6. The Installment Sales Agreement contained a prepayment penalty so the
purchase price was to be no less and no more than $60,000.00.
7. Defendant Hench had begun making payments on the purchase prior to the
execution of the Installment Sales Agreement.
8. Defendant Hench was credited for the payments made prior to the execution of
the Installment Sales Agreement.
9. Defendant Hench continued to make payments as set forth in the attached
schedule. (Exhibit "C").
10. Defendant Hench asked Plaintiff for the Deed to the property under pretense
that she needed it supposedly as a request of the lender Defendant Hench was working
with to obtain her house which would be on the property.
11. Plaintiff gave Defendant Hench the deed on or about the spring of 2008
12. Defendant Hench ceased making payments on or about October, 2008.
13. Defendant Hench was sent notice that she was in default and needed to make
payments or legal action would follow. (Exhibit "D")
14. Defendant Hench ignored the letter and made no further attempts to resolve
this matter.
15. Defendant Hench told Plaintiff in June 2008 that she was going to switch
properties with Defendants R Scott Martin and Pamela Martin (Exhibit "E")
16. Plaintiff later learned that Defendant Hench had recorded the Deed in May
2008 prior to the June 2008 conversation and Defendant Hench had not paid off the
property under the Installment Sale Agreement. (Exhibit 'T")
17. After the recordation of the Deed in May 2008, Plaintiff had a conversation
with Defendant R. Scott Martin in which she learned that her property had already been
swapped for another piece of property owned by Defendants R. Scott'Martin and Pamela
Martin that was deeded to Defendant Hench.
18. Defendants R Scott Martin and Pamela Martin did not pay any money to
Plaintiff Wanda Fry for the purchase of the property owned by Plaintiff.
19. Defendant Hench had transferred the property on May 21, 2008, to Defendant
Martin by recorded deed. (Exhibit "G" and Exhibit "Ir)
20. Defendant R. Scott Martin and Pamela Martin took the property owned by
Plaintiff Wanda Fry despite there being a filed Memorandum of Installment Sales
Agreement referencing the property, (Exhibit `B"), said filed Memorandum serving as an
encumbrance on the title.
21. Defendant Martin did not pay Plaintiff the money owed for the property
known as Lots 11, 12, 13, & 14.
22. Defendant Hench did not pay Plaintiff the money owed for the property
known as Lots 11, 12, 13 & 14.
COUNT I-DEFAULT OF THE INSTALLMENT SALES AGREEMENT BY
DEFENDANT HENCH
23. Paragraphs 1 through 22 are hereby incorporated as set forth in their entirety.
24. Defendant Hench did not adhere to the payment schedule set forth in the
Installment Sales Agreement.
25. Defendant Hench was notified by Plaintiff that she was in default of the
Installment Sales Agreement.
26. Due to the default by Defendant Hench for nonpayment, the entire purchase
amount of $60,000.00 is due and owing Plaintiff.
27. Plaintiff is also entitled to interest, reasonable attorney fees and cost for the
filing of this action.
28. Paragraphs 1 through 27 are hereby incorporated as set forth in their entirety.
29. Defendant Hench'used trick and device to obtain the deed from Plaintiff.
30. Defendant Hench told Plaintiff that she needed the deed due to a request from
the bank for the purchase of the Chesapeake double wide trailer to be places on the
property;
31. Defendant Hench conspired with Defendants R. Scott Martin and Pamela
Martin to have the Plaintiffs property transferred to Defendant R. Scott Martin and
Pamela Martin the property on Gobin Street, Lot 65, transferred to Defendant Hench,
along with additional cash.
32. Defendants Hench and Martin knew or should have known of the filed
Installment Sales Agreement.
33. Plaintiff never received the money due for her property in satisfaction of the
filed Installment Sales Agreement.
34. Plaintiff never filed a satisfaction of the Installment Sales Agreement.
WHEREFORE, Plaintiff respectfully asks this Honorable Court to award her the
full amount of $60,000.00 plus costs plus attorneys fees.
Respectfully submitted,
argaret Zvi. Stuski,
Attorney for Plaintiff
PA Supreme Court ID #: 42478
61 W. Louther Street
Carlisle, PA 17013
(717) 249-1177
VERIFICATION
I, Wanda Fry, verify that the statements made in this Complaint are true and
correct. I understand that false statements herein are made subject to the penalties of 18
Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities.
Date: 21
Wanda Fry
EXHIBIT A
/ 221•T-Deed from Comoration to Individual or Corp.
Henry Hall, Inc., Indiana, Pa.
'"'O"E'ED"OFFICE OF r
RECOrOER TH?
OF DEEDS
IJ rrTu
961 JUL 14 Am 10 co
MADE THE /-/ W day of July in the year
of our Lord one thousand nine hundred ei ghty-Seven (1987)
BETWEEN POWDER MILL CORP., a Delaware corporation qualified to do
business in the Commonwealth of Pennsylvania, with offices in the City of
York, County of York, Commonwealth of Pennsylvania (hereinafter "Grantor")
and
WANDA MAE FRY, an individual residing at R.D. #1, Box 43,
Carlisle, Pennsylvania 17013 (hereinafter "Grantee").
.v (? ni school Dist. Cumbj A,
. Co., Pa:
Real/ Estate Transfer fax
)at ?r? 7 Amt4o
:umb. Co. Dist. Col. Asst,
WITNESSETH, that the said Grantor
iownship of .... , 'I 9V
Cumb. Co., Pa.
,4-x Real Estate Transier Tax
v ?7 Amt.R.?
date ? ? ? '? - !?
i??v-?L IT i!/ GC
O,umh. C. Dist Col. Ash .
for and in consideration of the sum of 'Ten Thousand Dollars ($10,000.00)
lawful money of the United States of America, unto it well and truly paid by
the said Grantee
at and before the sealing and delivery of these presents,
the receipt uAersof is hereby acknowledged, has granted, bargained, sold, aliened,
enf eoff e:d, released and confirmed, and by. these presents does grant, bargain, sell,
alien, enfeoff, release and confirm unto the said Grantee
and assigns,
'A.h. r N] 1! sw ws. A.& A%
All those four certain lots of ground situate in the Township of
Middlesex, (formerly Township of North Middleton), County of Cumberland, and
State of Pennsylvania, numbered according to the Dale Fetrow Revised Plan of
Lots, which said plan is recorded in the Office of the Recorder of Deeds in. and
for-Cumberland County, at Carlisle, Pennsylvania, in Plan Book No. 3, Page 103,
being Lots Nos. 11, 12, 13 and 14 as shown on said plan, and having a frontage
of.200 feet along the North side of Trindle Spring Road and extending,.at even
width to a.depth of 200 feet.
. SUBJECT, however, to the restrictions as they appear on the Dale Fetrow
Revised Plan of Lots recorded as aforesaid.
BEING the same property which Penn York Advertising, Inc. granted and
conveyed unto Grantor by deed dated November 8, 1984, recorded in the Office of
the Recorder of Deeds of Cumberland County in Deed Book Z30 at page 685.
CONTAINING 40,000 square feet as above described and hereinafter referred
to as the "Premises."
THIS conveyance is made under and subject to the reservation by Grantor of
a ten foot (10') by forty foot (40') easement in the southern portion of the
aforementioned Lot No. 11, as.shown on the "Property Line Survey" prepared by
C. S. Davidson, Inc. dated May 19, 1987 and attached hereto as Exhibit A, said
easement area containing 400 square feet and being hereinafter described as the
"Easement Tract."
Grantor, its successors and assigns shall have a perpetual right and
easement to use the Easement Tract for the purpose of placement, construction,
use, maintenance and repair of an existing outdoor advertising structure and
signs thereon ("Outdoor Advertising Structure" herein), together with free
ingress, egress and regress to and from the Easement Tract across the Premises,
said ingress, egress and regress to be utilized so as not to interfere
unreasonably with Grantee's use of the Premises.
Grantor, its successors and assigns shall also have perpetual aerial or
air space rights across the Premises in which to exhibit the sign faces of the
Outdoor Advertising Structure, said signs to face in a general southeasterly
direction.
Grantor, its successors and assigns shall also have a perpetual easement
across the Premises for electrical service to the Outdoor Advertising
Structure.
Grantor, its successors and assigns shall also have a perpetual right and
easement to trim, cut, and remove from the Premises any shrubs, vines, trees,
bushes or other vegetation or any structure which Grantor deems necessary for
an unobstructed, view of the Outdoor Advertising Structure.
This conveyance is made subject to the-condition that Grantee, her.
successors and assigns shall not erect any.signs on any property owned or
controlled by them, nor shall they plant any shrubs, vines, trees, bushes, or
other vegetation, nor shall they erect buildings or structures, any of which
would obstruct or impair the view of the Outdoor Advertising Structure from the
streets, roads or public highways-, nor shall Grantee, her successors or assigns
permit any third person using or upon the Premises to violate said
restrictions.
8o0x 1, 32 pw 411
TOGETHER with all and singular
the ways, waters, water-courses, rights, liberties, privileges,
hereditaments and appurtenances, whatsoever thereunto belonging, or in anywise appertaining,
and the reversions, and remainders, rents, issues and profits thereof; and all the estate, right,
title, interest, property, claim and demand whatsoever, of- except as herein provided, of
said Grantor
in law, equity, or otherwise howsoever, of, in and to the same and every part thereof,
TO HAVE AND TO HOLD the said Premises above described and
the hereditaments and premises hereby granted or
mentioned and intended so to be with the appurtenances,
unto the said Grantee, her successors
and assigns, to and for the only
proper- use and behoof of the said Grantee, her successors
and assigns forever.
AND the said grantor hereby covenants and agrees that it will warrant special ly
the property' hereby conveyed.
IN WITNESS WHEREOF, the said
has caused this Indenture to be signed
in its corporate name by its President, and has caused to be affixed hereunto the o"wwn and cor-
porate seal of the said corporation, attested by its Secretary, the day and year first above written.
Att t
By
CORP.
President.
State of Pennsylvania
County of York ss.
On this, the / day of July the undersigned o5cer, personally appeared Loui s J. Appel I, Jr. ' 19 87 before me,
who acknowledged himself to be the President of Powder Mi 11 Corp.
a corporation, and that he as such President
executed the foregoing instrument for the purposes therein contained,by being authorized to do so,
signing the name'e;
corporation by himself as President
In witness whereof, I hereunto set my hand and o9cial seal. 'Y`}4
5AN1f 1MIlWARAS, h'otsRr Public -- ----- 4 rte` ^SE f C/
K, YOkK COUNtY. PA s ex, j
MY COMMISSION EXPLqg FEBRUARY 11, 1991 Notar Public
- - - ---Y - - --------------------
Title of 0
CERTIFICATE OF RESIDENCE ••. ' ' d
-- ------ ----------------- do hereby certify that,,tpcise residence and complete ogce adci•es's'
of the within name grantee is post bO?
f ( 19K -------------- - - ? ---------------- - C-a
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Attorney for
-- - - - ------
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RECORDED on this day of
in the Recorder's offiee of said Goum in Deed Book Lj
W Mr._ oi.Page
r Gwen under my hand and the seal of the said ,the date above written.
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EXHIBIT B
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h9hMEMM. IM??M MTM.+?GiR1;T141L1!1T
This Memorandum is made this day of August, 2(i06, by and- between: WANDA
FRY'hereinaf* referred to as 'Seller' ; &nd CAROL HENCH, hereinafter. refired to as "Purchaser."
The parties hereto with intent to be legally bound desire to make the following information a
matter of public record:
i. Sellers and Purchasers entered into an Installment Sales Agreement dated August
C.r by which Sellers agreed to self and Purchaser agreed to pur¢base that
certain parcel of ground with improvements thereon known as Lots 11, 12, 13 and 14 as shown on
the plan for Dale Fetrow Revised Plan of Lots, which said plan is recorded in the Office of the
Recorder of Deeds in sere for Cumberland County, in Plan Book No. 3, Page 103, in hfiddiesex
Township, Cumberland County, PeonsylvWa, more particulsrly•described in a deed dated July 14,
1997, and. recorded on July 14, 1987, in the Recorder's Office of Cumberland County, Pennsyhvmia,
in Record Book J Volume 32, Page 410, which property description (the Troperty) is incorporated
herein by reference.
2. Upon payment of the purer price for the property, and subject to compliance with
the other provisions contained in the said•fi stalknent SalesAg t, Sellers Have
agrcad to Y
the Property to Purchaser by- special warranty deed.
3. All of the terms and provisions of the said Installruent ' Sales Agreement are
incorporated herein by this reffirence thereto as fully as if set forth at length herein.
1
1N W'ITNESS. W41EREOF, the undersigned have executed this
Memorandum as of the day and year first above written.
WITNESS:
9V4?iu
SELLERS:
Wanda Fry
WITNESS:
7ail
The Pont Office Address ofthe Sellers is: 1429 TrmdieRoad, Carlisle, Pennn4vania 17011.
The Post OIice Address of thm Purchaser is: 1431 Trindle Road, Carlisle, Pennsylvabia 17013.
2
O 729PG29#0
COMMONWEALTH OF*PENNSYLVANIA
SS.
COUNTY OF CUMBF-RLAND
On thus; the _ of August, 2006, before me, the under-signed officer, personally
appeared Wand Fry, known to me (or satisfactorily proven) to be th e'individual who executed the
foregoing instrument, and duly aclmowledged to me that she executed the same for the purpose
therein contaimd.
IN WI'T'NESS WHEREOF, I have hereunto set my hand and offieial seal.
Notary Vublic
Pbww seal
Maidn H Vise, Notary Public
C--.I5'- Ba. C loud UMV
LMyrv-- - , - Expires N7-02,2008
COMMONWEALTH OF PiENNSYLVAiJIA
SS.
COUNTY OF CUMBERLAND :
On this, the & of Aupst, 2006, before me, the undersigned officer, personalty appeared
Carol Hm b, known to me (or satis£actorltyr proven) to be the individual who exeauted the foregoing
instrument,- and: duty acknowledged to me that she executed the same for the purpose therein
contained.
IN WITNESS WHE1tEOF, I have h aeunto set my hand and official seal.
Notary
? :mil seal
Martin H.'A%e, NdW PubRC
Cc
?r.,I BM, Cui tWaW C Wy
L ?Ay r; rtr-s<<^^ Expires Nov. I 2, 2005
I Certify -this to be recorded
In Cumberland County PA
.. Rewrder of Deeds
3
11V729PG25 1
EXHIBIT C
Page 1 of 10
Amortization Schedule
Loan Date: 8110006
Principal: $31,042.00
# of Payments: 300
Interest Rate: 6.00% -
Payment: $200.00
Schedule of Payments
Please allow for slight rounding differences.
Pmt # Date Principal Interest Balance
1 9/15/2006 44.79 155.21 30,997.20
2
10/15/2006
45.01
154.98
30,952.18 r
on
3 11/15/2006 45.24 154.76 30,906.94
4 12115/2006 45.46 (654.53 30,861.47
5 1/15!2007 45.69 154.30 30,815.77
6 2/15/2007 45.92 154.07 30,769.85
7 3/15/2007 46.15 153.84 30,723.69
8 4/15/2007 46.38 153.61 30,677.31
9 5/15/2007 46.61 153.38 30,630.69
10 6/15/2007 46.85 153.15 30,583.84
11 7/15/2007 47.08 152.91 30,536.76
12 8/15/2007 47.32 152.68 30,489.44
13 9/15/2007 47.55 152.44 30,441.88
14 10/15/2007 47.79 152.20 30,394.08
15 11/15/2007 48.03 151.97 30,346.05
16 12/15/2007 48.27 151,73 30,297.78
17 1/15/2008 48.51 151.48 30,249.26
18 2/15/2008 48.75 15124 30,200.50
19 3/15/2008 49.00 151.00 30,151.50
20 4/1512008 49.24 150.75 30,102.26
21 511512008 49.49 150.51 30,052.76
22 6/15/2008 49.74 150.26 30,003.02
23 7/192008 49.98 150.01 29,953.03
file://C:\nocul E-I\.aw\LoCALS-I1Temp16HX95KTQ.htm 7/212006
Page 2 of 10
24 8/15/2008 50.23 149.76 29,902.79
25 9/15/2008 50.49 149.51 29,852.30
26 10/15/2008 50.74 149.26 29,801.56
27 11/15/2008 50.99 149.00 29,750.57
28 12/15/2008 51.25 148.75 29,699.32
29 1/15/2009 51.50 148.49 29,647.81
30 2/15/2009- 51.76 148.23 29,596:04
31 3/15/2009 52.02 147.98 29,544.02
32 4/15/2009 52.28 147.72 29,491.73
33 5/15/2009 52.54 147.45 29,439.19
34 6/15/2009 52.80 147.19 29,386.38
35 7/15/2009 ` 53.07 146.93 29,333.31
36 8/15/2009 53.33 146.66 29,279.97
37 9/15/2009 53.60 146.39 29,226.37
38 10/15/2009 53.87 146.13 29,172.50
39 11/15/2009 54.14 145.86 29,11835
40 12/15/2009 54.41 145.59 29,063.94
41 1/15/2010 54.68 145.31 29,009.26
42 2/15/2010 54.95 145.04 28,95430
43 3/15/2010 55.23 144.77 28,899.07
44 4/15/2010 55.50 144.49 28,843.56
45 5/15/2010 55.78 144.21 28,787.77
46 6/15/2010 56.06 143.93 28,731.71
47 7/15/2010 56.34 143.65 28,675.36
48 8115/2010 56.62 143.37 28,618.73
49 9/15/2010 56.91 143.09 28,561.82
50 10/15/2010 57.19 142.80 28,504.63
51 11/15/2010 57.48 142.52 28,447.15
52 12/15/2010 57.76 142.23 28,389.38
53 1/152011 58.05 141.94 28,331.32
54 2/152011 5834 141.65 28,272.98
55 3/15/2011 58.63 141.36 28,214.34
file://CADOCUMF-11Law1LOCALS-11Temp16M5KTQ.htm 7/21/2006
Page 3 of 10
5 6 4/15/2011 58.93 141.07 28,155.40
57 5/15/2011 59.22 140.77 28,096.18
58 6/15/2011 59.52 140.48 28,036.65
59 7/15/2011 59.82 140.18 27,976.83
60 8/15/2011 60.11 139.88 27,916.71
61 9/15/2011 60.42 139.58 27,856.29
62 10/15/2011 60.72 139.28 27,795.57
63 11/15/2011 61.02 138.97 27,734.54
64 12/15/2011 61.33 138.67 27,673.21
65 1115/2012 61.63 138.36 27,611.57
66 2/15/2012 61.94 138.05 27,549.63
67 3/15/2012 6125 137.74 27,48737
68 4/15/2012 62.56 137.43 27,424.81
69 5/15/2012 62.87 137.12 27,361.93
70 6/15/2012 63.19 136.80 27,298.73
71 7/15/2012 63.51 136.49 27,235.22
72 8/15/2012 63.82 136.17 27,171.39
73 9/15/2012 64.14 135.85 27,107.25
74 10/15/2012 64.46 135.53 27,042.78
75 11/15/2012 64.79 135.21 26,977.99
76 12!15%2012 65.11 134.88 26,912,87
77 1/15/2013 65.43 13456 26,847.43
78 2/15/2013 65.76 134.23 26,781.67
79 3/15/2013 66.09 133.90 26,715.57
80 4/15/2013 66.42 133.57 26,649.15
81 5/15/2013 66.75 133.24 26,582.39
82 6/15/2013 67.09 132.91 26,515.30
83 7/15/2013 67.42 132.57 26,447.87
84 8/15/2013 67.76 132.23 26,380.10
85 9115/2013 68.10 131.90 26,312.00
86 10/15/7013 68.44 131.56 26,243.56
87 11115/2013 68.78 131.21 26,174.77
file://C:\DOCUIAB-I\Law\LOCALS-lkTemp\6fW5KTQ.htm 7/21/2006
Page 4 of 10
8 8 12/15/2013 69.13 130.8 7 26,105.64
89 1/15/2014 69.47 130.52 26,036.16
90 2/15/2014 69.82 . 130.18 25,966.34
91 3/15/2014 70.17 129.83 25,896.17
92 4/15/2014 70.52 129.48 25,825.64
93 5/15/2014 70.87 -129.12 25,754.77
94 6/15/2014 71.23 128.77 25,683.54
95 7/15/2014 7168 128.41 25,611.95
96 8/15/2014 71.94 128.05 25,540.01
97 9/15/2014 72.30 127.70 25,467.70
98 10/15/2014 72.66 127.33 250395.04
99 .11 /15/2014 73.02 126.97 25,32101 -
100 12/15/2014 73.39 126.61 25,248.62
101 1/15/2015 73.76 126.24 25,174.86
102 2115/2015 74.12 125.87 25,100.73
103 3/15/2015 74.50 125.50 25,026.22
104 4/15/2015 74.87 125.13 24,951.35
105 5115015 75.24 124.75 24,876.10
106 6115/2015 75.62 124.38 24,800.48
107 7/15/2015 76.00 124.00 24,724.48
108 8/15/2015 7638 123.62 24,648.10
109 9115/2015 76.76 123.24 24,571.33
110 10115/2015 77.14 122.85 24,494.19
111 11115x2015 77.53 122.47 24,416.65
112 12/15/2015 77.92 122.08 24,338.73
113- 1/15/2016 78.31 121.69 24,260.42
114 2/15/2016 78.70 121.30 24,181.72
115 3/15/2016 79.09 120.90 24,102.63
116 4/15/2016 79.49 120.51 24,023.13.
117 5/15x2016 79.88 120.11 23,943.25
118 6/15/2016 80.28 119.71 23,862.96
119 . 7/15/2016 80.68 119.31 23,78227
Me://C:OOCUMB-I\LaYALOCALS-I\Temp\6M5M.htm 7/212006
Page 5 of 10
12 0 8/15/201 6 81.09 118.91 23,701.18
12 1 9/15/201 6 81.49 118.50 23,619.68
12 2 10/15/2016 81.90 118.09 23,537.77
123 11/15/2016 82.31 117.68 23,455.46
124 12/15/201.6 82.72 117.2 7 23,372.73
125 1/15/2017 83.14 116.8 6 23,289.59
126 2/15/2017 83.55 116.44 23,206.03
127 3/15/2017 83.97 116.03 23,122.06
128 4/15/2017 84.39 115.61 23,037.67
129 5/15/2017 84.81 115.18 22,952.85
130 6/15/2017 85.23 114.76 22,867.61
131 7/15/2017 85.66 11433 22,781.95
132 8/15/2017 86.09 113.90 22,695.85
133 9/15/2017 86.52 113.47 22,609.33
134 10/15/2017 86.95 113.04 22,522.37
135 11/15/2017 87.39 112.61 22,434.98
136 12/15/2017 87.82 112.17 22,347.15
137 1/15/2018 88.26 111.73 22,258.88
139 2/15/2018 88.70 111.29 22,170.17
139 3/15/2018 89.15 .110.85 22,081.02
140 4/15/2018 89.59 110.40 21,991.42
141 5/15/2018 90.04 109.95 21,901.37
142 6/15/2018 90.49 109.50 21,810.87
143 7/15/2018 90.94 109.05 21,719.92
144 8/15/2018 91.40 108.59 21,628.52
145 9/15/2018 91.86 108.14 21,536.66
146 10/15/2018 92.32 107.68 21,444.34
147 11/15/2018 92.78 107.22 21,351.56
148 12/15/2018 93.24 106.75 21,258.31
149 1/15/2019 93.71 106.29 21,164.60
150 2/15/2019 94.18 105.82 21,070.42
151 3/15/2019 94.65 105.35 2Q,975.76
file://C:IDOCUMEr1lLawlLOCALS-11Tcmp16M5KTQ.htm 71212006
Page 6 of 10
152 4/15/2019 95.12 104.87 20,880.64
153 5/15/2019 95.60 104.40 20,785.04
154 6/15/2019 96.07 103.92 20,688.96
155 7/15/2019 96.55 103.44 20,592.40
156 . 8/15/2019 97.04 102.96 20,495.36
157 9/15/2019 9752 102.47 20,397.83
158 10/15/2019 98.01 101.98 20,299.82
159 11115/2019 98.50 101.49 20,201.31
160 12/15/2019 98.99 101.00 20,102.31
161 1/15/2020 99.49 100.51 20,002.82
162 2/192020 99.98 100.01 19,902.83
163 3/15!2020 100.48 99.51 19,802.34
164 4/15/2020 100.99 99.01 19,701.35
165 5/15/2020 101.49 98.50 19,599.85
166 6/15/2020 102.00 97.99 19,497.85
167 7/15/2020 102.51 97.48 19,395.33
168 8115/2020 103.02 96.97 19,292.30
169 9/15/2020 103.54 96.46 .19,198.76
170 10/15/2020 104.06 95.94 19,084.70
171 11 /15/2020 104.58 95.42 18,980.12
172 12!15/2020 105.10 94.90 18;875.02
173 1/15/2021 105.62 94.37 18,769.39
174 2/15/2021 106.15 93.84 18,663.23
175 3/15/2021 106.68 93.31 18,55654
176 4%1512021 107.22 92.78 18,44932
177 5/15/2021 107.75 92.24 18,341.57
178 6/15/2021 108.29 91.70 18,233.27
179 7115/2021 108.83 91.16 18,124.43
180 8/1512021 10938 90.62 18,015.05
181 9/15/2021 109.92 90.07 17,905.12
182 10/15/2021 110.47. 89.52 17,794.64.
183 11/15/2021 111.03 88.97 17,683.61
filet/C:IDOCUM B-1\Law\LOCALS-11T=p16HX95KTQ.htm 712112006
Page 7 of 10
184 12/15/2021 111.58 88.41 17,572.03
185 1/15/2022 112.14 87.86 17,459.88
186 2115/2022 112.70 87.29 17,347.18
187 3/15/2022 113.26 86.73 171233.91
188 4/15/2022 113.83 86.16 17,120.07
189 5/15/2022 114.40 85.60 17,005.67
190, 6115/2022 114.97 85.02 16,890.70.
191 7/15/2022 115.55 84.45 16,775.14
192 8/15/2022 116.12 83.87 16,659.02
193 - 9/15/2022 116.70 83.29 16,542.31
194 10/15/2022 117.29 82.71 16,425.02
195 11/15/2022 117.87 82,12 16,307.14
196 12/15/2022 118.46 81.53 16,188.67
197 1/15/2023 119.06 80.94 16,069.61
198 2/15/2023 119.65 80.34 15,949.95
199 3/15/2023 120.25 79.74 15,829.70
200 4/15/2023 120.85 79.14 15,708.84
201 5/15/2023 121.45 78.54 15,587.38
202 .6115/2023 122.06 77.93 15,465.31
203 7/15/2023 122.67 77.32 15,342.64
204 8/15/2023 123.29 76.71 15,219.35
205 9/15/2023 123.90 76.09 15,095.44
206 10115/2023 124.52 75.47 14,970.91
207 11/15/2023 125.14 74.85 14,845.76
208 12/15/2023 125.77 74.22 14,719.99
209 1/15%2024 126.40 73.59 14,593.58
210 2/15/2024 127.03 72.96 14,466.55
211 3/15/2024 I27.67 72.33 14,338.88
212 4/15/2024 128.30 71.69 14,210.57
213. 5/15/2024 128.95 71.05 14,081.62
214 6/15/2024 129.59 70.40 13,952.02
215 7/15/2024 130.24 69.76 13,821.7$
filet/C:IDOCUME--11L,aw\,OCALS-1tTemp16HX95KTQ.Nm
7/21/2006
Page 8 of 10
21 6 8/15/2024 130.8 9 69.10 13,690.88
21 7 9115/2024 131.5 4 68.45 13,559.33
218 10/15/2024 132.20 67.79 13,427.12
219 11/15/2024 132.86 67.13 13,294.25
220 12/15/2024 133.53 66.47 13,160.72
221 1/15/2025 134.20 65.80 13,026.52
222 2/15/2025 134.87 65.13 12,891.65
223 3/15/2025 135.54 64.45 12,756.10
224 4/15/2025 136.22 63.78 12,619.88
225 5115/2025 136.90 63.09 12,482.98
226 - 6/15/2025 137.58 62.41 12,345.39
227 7/15/2025 138.27 - 61.72 12,207.11
228 8/15/2025 138.96 61.03 12,068.14
229 9/15/2025 139.66 60.34 11,928.48
230 10/15/2025 140.36 59.64 11,788.12
231 11/15/2025 141.06 58.94 11,647.05
232 12/15/2025 141.76 58.23 11,505.28
233 1/15/2026 142.47 57.52 11,362.81
234 2/15/2026 143.18 56.81 11,219.62
235 3/15/2026 143.90 56.09 11,075.71
236 4/15/2026 144.62 5537 10,931.09
237 5/15/2026 145.34 54.65 10,785.74
238 6/15/2026 146.07 53.92 10,639.66
239 7/15/2026 146.80 53.19 10,492.86
240 8/18/2026 147.53 52.46 10,345.32
241 9/15/2026 148.27 51.72 10,197.04
242 10/15/2026 149.01 50.98 10,048.02
243 11/15/2026 149.76 5024 9,898.26
244 12115/2026 150.51 49.49 9,747.74
245 1/1512027 151.26 48.73 9,596.48
246 2/15/2027 152.02 47.98 9,444.46
247 3115/2027 152.78 4.7.22 9,291.67
file/C:DOCUMS -11Lav&OCALS-11Temp16HX95KTQ.htm 7/212006
Page 9 of 10
24 8 4/15/2027 153.5 4 46.45 9,138.13
249 5/15/2027 154.31 45.69 8,983.82
250 6/15/2027 155.08 44.91 8,828.73
251 7/15/2027 155.86 44.14 8,672.87
252 8/15/2027 156.63 43.36 8,516.23
253 9/15/2027 157.42 42.58 8,358.81
254 10/15/2027 158.20 41.79 8,200.60
255 11/15/2027 159.00 41.00 8,041.60
256 12/15/2027 159.79 40.20 7,881.80
257 1/15/2028 160.59 39.40 7,721.21
258 2115/2028 161.39 38.60 7,559.81
259 3/15/2028 162,20 37.79 7,397.60-
260 4/15/2028 163.01 36.98 7,234.59
261 5/15/2028 163.83 36.17 7,070.76
262 6115/2028 164.65 35.35 6,906.11
263 7/15/2028 165.47 3453 6,740.63
264 8/15/2028 166.30 33.70 6,574.33
265 9/15/2028 167.13 32.87 6,407.20
266 10/15/2028 167.96 32:03 6,239.23
267 11/15/2028 168.80 31.19 6,070.42
268 12/15/2028 169.65 30.35 5,900.77
269 1/15/2029 170.50 29.50 5,730.27
270 2/15029 171.35 28.65 5,558.92
271 3/15/2029 172.20 27.79 5,386.71
272 4/15/2029 173.07 26.93 5,213.64
273 5/15/"1029 173.93 26.06 5,039.70
274 6/15/2029 174.80 25.19 4,864.90
275 7/I 5/2029 175.67 24.32 4,689.22
276 8/15/2029 176.55 23.44 4,512.66
277 9/15/2029 177.44 22.56 4,335.22
278 10/15/2029 178.32 21.67. .4,156.89
279 11/15/2029 179.21 20:78 3,977.67
filed/C:IDOCUN113'-lUwlLOCALS-ilTemp16MSKTQ.htm 7/212006
Page 10 of 10
280 12/15/2029 180.11 19.88 3,797.56
281 1/15/2030 181.01 18.98 3,616.54
282 2/15/2030 181.92 18.08 3,434.62
283 3/15/2030 182.83 17.17 3,251.79
284 4/15/2030 183.74 16.25 3,068.04
285 5115/2030 184.66 . 15.34 2,883.38
286 6115/2030 185.58 14.41 2,697.79
287 7/15/2030 186.51 13.48 2,511.28
288 8/15/2030 187.44 12.55 2,323.83
289 9115/2030 188.38 ,11.61 2,135.44
290 10/15/2030 189.32 .10.67 1,946.12
291 11/15/2030 -190.27 9.73 1,755.84
292 12/15030 191.22 8.77 1;564.62
293 11IS/2031 192,18 7.82 1,372.44
294 2/15/2031 193.14 6.86 1,17930
295 3/15/2031 194.10 5.89 985.19
296 4/15/2031 195.07 4.92 790.11
297 5/15/2031 196.05 3.95 594.06
298 6/15/2031 197.03 2.97 397.02'
299 7/15/2031 198.01 1.98 199.00
300 8/15/2031 199.00 0,99 0.00
Totals 319042.00 28,959.21
filed/C-\DOCUINM-I\Law\LOCALS-I\T=V\6tW5KTQ.htm 7/21/2006
EXHIBIT D
FREY & TILEY
ATTORNEYS-AT-LAW
5 SOUTH HANOVER STREET
CARLISLE, PENNSYLVANIA 11013
ROBERT M. FREY
OF COUNSEL
STEPHEN D. TILEY
ROBERT G. FREY
December 5, 2008
Ms. Carol Hench
930 Gobin Drive
Carlisle, PA 17013
Re: Fry to Hench
Dear Carol:
TELEPHONE (717) 243-5838
.FACSIMILE (717) 243-6441
I am writing to advise you that I have been contacted b
by Your aunt, Wanda
Fry, concerning payments owed for the property ou are urchasing from her
Trindle Road in Middlesex Township. She requests that all required payments on
be made to her immediately, in cash or money order, or she will consider you in
breach of the agreement and begin proceedings to foreclose on the property.
I thank you for your review and attention to this matter.
Sincerely yours,
&A ?.
Robert G. Frey
RGF/tl
cc: Ms. Wanda Fry
?ox
exo
EXHIBIT E
2007 JUN 11 Pal 12 21
Tax Parcel No.
'T'HIS IEEE
14-
MADE THE & day of June in the year of our Lord two thousand seven (2003).
BETWEEN WANDA MAE FRY, unmarried, of Middlesex Township, Cumberland
County, Pennsylvania, party of the first part,
Grantor,
and
CAROL HENCH, unmarried, of hddlesex Township, Cumberland County,
Pennsylvania, party of the second part,
Grantee:
WITASSETH, that in consideration of One --.($1.00) -Dollar., in hand paid,
the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and
convey to the said Grantee, her heirs and assigns,
ALL THOSE FOUR CERTAIN lots of ground situate in the Township of
Middlesex, (formerly Township of North Middleton), County of Cumberland, and State
of Pennsylvania, numbered according to the bale Fetrow Revised Flan of Lots, which
said Plan is recorded In the Office of the Recorder of Deeds, in lad for Cumberland
County, at Carlisle, Pennsylvania In Plan Book 3, Page 103, being Lots Nos. 11.12, 13,
and 14 as shown on said Plan, and having a frontage of 200 feet along the Nortli side of
Trindle Spring Road and extending ai an even width to a depth of 200 feet
SUBJECT, however, to the restrictions as they appear on the Dale Fetrow
Revised Plan of Lots recorded as aforesaid.
BEING the same premises which Powder Mill Corporation by deed dated July
14, 1987 and recorded July 14, 1987, in the Office of the Recorder of Deeds, In and for
Cumberland County, at Carlisle, Pennsylvania, In Deed Book "U," Volume 32, Page 411,
granted and conveyed to Wanda Mae Fry, the Grantor herein.
THE WITHIN conveyance is under and subject to the reservations, easements
and restrictions, contained in Deed Book "U," Volume 32, Page 410.
AND the said Grantor does hereby covenant and.agree that she will warrant
SPECIALLY the property hereby conveyed.
boa 280 I'Aet:200
. .. _1....- .....
IN WITNESS WHEREOF, said Grantor has hereunto set her hand and seal this
day and year first above written.
Signed, Sealed, and Delivered
in the Presence of
/AL ?(SEAL)
WANDA MAE FRY
Commonwealth of Pennsylvania
}ss.
County of Cumberland
// )q..,
On this, the (a day of June, 2007, before me, the undersigned officer,
personally appeared WANDA MAE FRY, umnxAcd, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that she executed the same for the purposes therein contained.
W WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTAR & AM
Roam e PREY NOTARY rN
Bomo*at , sera Ateuc v
Cady PA
Mtn EN?u Mnt 1010 ,
I do hereby cerfy ti that the precise residence and co fete post o 0
, f rce ess o• j?• .?
the within named Grantee Is 1477 QbQ??Y Mo(3
I Ccrtify this to be re
Corded Robert G. Frey, F.sguire
In Cumberland County PA Attorney for Grantee
Recorder of Deeds
Book 2W M2M
M?41 SV? i r• N Na
?:?5$8??t??Sti?
......A.... ... .
COMMONWEALTH OF PENNSYLVANIA HffAjtrvttrS l tit r rvr r
DEPARTMENT OF REVENUE REALTY TRANSFER TAX State Tax Paid
BUREAU OF INDIVIDUAL TAXES STATEMENT OF VALUE Boole Number
DEPT 280603 Paw Number
HARRISBURG, PA. 17128-0603 See Revem for hrtract(ofls Date Recorded
Complete each sedlon and lie In duplide with Recorder d Deeds when (1) the foil valuLtornsideration is not set lath the deed, (2) when the deed
is without cornsideration, or by gift, or (3) a tax exemption is claimed. A Statement of Value Is not required H the transfer Is wholly oxepmt from tax
based on: (1) family relationship or (2) public utility easement- h more space is needed, attach additional sheet(s).
Name Telephone Number:
Street Address City State Zip Code
of Accootarrce of Dot Jun. 8. 20x7
Grantor(SYLessor(s) ritantee(s)n essee(sp
Wanda r Carol uncb
Street Address f Q n Street Address '5 r 7-r,,-, d A /J
city State l `o Q Zip Code City State Zipp..CodeO e
-P A
Street Address City. Toarnship, Borough
wrindle Road. Carlisle PJL 17013
county 5choot District Tax Parcel Ntxnber
Ctaebsrlead Cwsbatrland Valle
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M
1. Actusi Cush Consideration 2. =Nww IN OWNS!,
Other Consideration
3. Total taonslderedan
$1.00 +$0.00 1.00
4. County Assessed Value S. Common Leval Ratio & Fair Market Value
1 a. Amount of Exemption Claimed 1 b. Percentage of Interest Conveyed
ors 04
2. CMdt Appropriate Box Below for Examptan Cldmad
Q Wt8 or intestate succession
(Name of Decedent) (Elate Fla Number)
Q Transfer to Industrial Development Agency.
Transfer to agent or straw party. (Attach copy of agency/straw party agreement).
Transfer between principal and agent. (Attach copy of agency/straw tru t agreement). Tax paid prior deed S
F-1 Transfers to the commonwealth, the United States, and Instrumentalities by gift, dedcatkx% motion or in ku of condemfetion.
(Attach copy of resolution).
0 Transfer from mortgagor to a holder of a mortgage In default. Mortgage Book Number Page Number
Q Corrective deed (Attach copy of the-prior deed).
Q Statutory corporate consolidation, mango or "on. (Attach copy of articles).
Q Other (Please explain exemtion daimed, If other than listed above.)
Under pw*MWa of Isar, I dealers dW t hm wmndnod ihie eatwurtt, ' Awl n aoaompwtyhrg hfomwAl . and a tha bnt of ray bwmwdgo
BOOK 280 Pw=2
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EXHIBIT F
C
. t
INSTALLMENT SALES AGREEMENT FOR REAL ESTATE
THIS AGREEMENT, made this _tt ' `,day of August, 2006, by and between: WANDA
FRY, hereinafter referred to. as "Sellers% and CAROL BENCH; hereinafter referred to as"Buyer."
WITNESSETH:
WHEREAS, the Seller is the owner in fee of certain parcel of real estate more particularly
boutided'-and described herein below and the Buyer wishes to purchase said real estate from Seller;
and
WHEREAS, the parties have reached agreement for the sale of said real.estate fr on'
Seller to
Buyer on the teims and conditions more fully set forth herein below.
'NOW, THEREFORE, the partigs-hereto, in consideration of the above recitals and of the
mutual covenants.and promises made and to be kept-herein below, and intending to be legally bound
and to legally bind and to legally bind their heirs, successors, personal represeutatives,.andesssigns, do
mutually covenant, promise, and agree as follows:
1. Seller hereby agrees to sell, grant and convey to Buyer, and Buyer hereby agrees to
purchase, subject to .performance b y Buyer of all the covenants, provisions, and conditions of this.
Agreement, the-real estatemore particularly bounded and described on Schedute A, which is attached
hereto and made a part hereof by reference.
2. The price or consideration shallbe THIRTY ONE THOUSAND FORTY TWO' AND
NO/1-00 .($31,042.00) DOLLKM- which shall be paid to the Seller by Buyer in the following manner
or way:
(a) Buyer, Carol Reach has already paid the sum of TWO HUNDRED FR79Y
AND N01100 ($250.00) DOLLARS to Seller, Wanda ply.
1
(b) The sum of ($31,042.00) DOLLARS, at a six (6) %, shall be payable in equal
monthly installments of TWO HUNDRED ($200.00) DOLLARS :which said
installments .shall be paid tb Seller at Seller's address as listed herein (or at
such other address or addresses as the Sellers may direct by written notice to
Buyer, and the first of which.said payments shall be due on the 15th day of
August, 2006, and on the. 15th day of each and every month thereafter. Said
monthly payment shall be applied in accordance with the mortgage schedule
attached hereto as Exln'bit Band by referenced incorporated herein and made
a part hereof.
(c) Interest of six (6) %will be.charged every month on the unpaid balance until
the balance is paid in full in accordance with the mortgage schedule attached
hereto as Exhibit t and by referenced incorporated herein and made a part-
hereof.
(d) For any payments received by Seller more than. ten (10) days after its due
date; Sdller shall be entitled to charge and assess a late charge equivalent to
five (5%) percent of such late payment.
(c). Prepayment Penalty. If Buyer wishes to prepay or pay off the amount due in
the entirety, a penalty consisting of all interest which would have been paid
over the remaining term shall become immediately-due. In the interest of the
parties being that any early payment -or pay off be penalized so that the
amount due is mo less than $60,000.00 minus principal and interest paid as of
the date of the eady paymoA 6r payoff.
2
3. Buyer hereby covenants, promises and agrees to pay the full amount due and owing
under this Agreement, to include any and all interest then due, on or before August, 2031. However,
any failure to pay said sum to Sellers within said time periods shall be a substantial default on this
Agreement and shall entitle Sellers to retain all monies paid pursuant to :this Agreement and to all
other remedies in case of non-payment or default as provided herein below.
4. Upon full compliance-with the terms and provisions of this. Agreement by Buyer,
including the payment provisions, Seiler covenants, agrees and promises to-deliver to Buyer a good
and valid fee simple special warranty deed conveying the above-described real estate to Buyer free
and- clear of all -liens, encumbrances, easements, and restrictions, accepting only existing -restrictions
and easements. of roads, privileges; or rights ofpublic service companies, if any, and any and all other
matters which a physical inspection of the premises wauld.disclose as of the date ofthis Agreement or
all other matters which are recorded in the Recorder of Deeds Office in Cumberland County,
Pennsylvania, so as-to the title to the above?described real estate shall be good and marketable and all
ways and will be such as will be insured by any reputable title insurance company operating in the
county which the. real estate is situate, at regular rates, and without qualifications or exception.
5. Water and sewer rents, if any, together with trash and sanitation collection fees shall
.
be apportioned pro rata as of the :date of this Agreement and the parties shall bear their respective
portions ;hereof. All-transfer taxes imposed by.&ny governmental body shall.be borne equally -by the
parties hereto at the time of final settlement. All water and sewer rents, trash and sanitation collection
fees, and all other takes, assessments, and fees.imposed by any local government or authority shall,
after the -execution of this Agreement, be borne exclusively by the Buyer, who hereby promises and-
warrants to hold the Seller blameless for any faihare to pay same and hereby agrees to reimburse Seller
for any losses occasioned by Buyer's fafiure to make such payments.
5
Seller is responsible for all real estate taxes that may be due on the Property on or before July
21, 2006. Beginning July 22, 2006,.Buyer shall be responsible for same. Seller will provide Buyer
with copies of-all tax bills. Buyer will provide Seller with proof of payment of all tax bills.
6. Possession is to be given on or before July 21, 2006 by the delivery of keys to the
premises from Sellers to Buyer.
7. Buyer shall assume and be responsible for the said property and hereby covenants.and
agrees to keep the property in as.good.of a condition and repair as it is as of the date ofthe signing of
this Agreement, reasonable wear and tear resulting from reasonable and normal use excepted. No
major improvements, repairs, or alterations shall be made to the said premises without the prior
written consent of the Sellers, which consent shall not be unreasonably withheld, and, in the event that
any work whatsoever is-done on the property, Buyers agree to secure Stipulations against Liens from
all contractors, subcontractors, and materiahmen who work on the said premises or supply material
thereto with such Stipulations against Liens running in favor or the Seller and Buyer. And further,
Buyer hereby agrees'that, at the conclusion-of the performance of any such labor or the delivery or
supply of any such materials in connection with any such construction, improvement, or work done
op the premises, that Buyers shall have all contractors, subcontractors, and materialmen.execute
proper and binding Releases of Liens in favor of Seller and Buyer. And further, Buyer hereby
oovenants, promises, and agrees to indemnify and save Seller harmless from any and all claims for
work done or material furnished in connection with. Buyer maintaining, altering, and improving, or
constructing the said ptemises. Also, during the term of this Agreement, Buyer shall not vacate the
property or rent the property to. anyone without Seller's written consent.
8. Buyer shall reimburse Seller for Seller's costs in maintaining a fire and extended
coverage insurance policy on the subject premises. Additionally, Buyer shall insure his interest in the
subject property exclusive of the contents thereof; for the coverage of not less than SDCrY
4
THOUSAND ($60,000.00) DOLLARS. Said.policy will be purchased and maintained by, and at the
expense of, the Buyer and, as of the date hereof,. the policies. shall be endorsed by the insuring
companies for the benefit of both the Seller andBuyer as their respective interests may appear
between the date of this Agreement and the final settlement hereunder. Buyer hereby f iAer
covenants, agrees and promises to indemnify and save harmless the Seller, her heirs, successors.,
personal representatives, and assigns, from any liability or loss, including Court and counsel fees for
any defense litigation, resulting from any accident, injury, or occurrence on the said premises or
connected in any way thereto.
9. Such gas and electric fixtures, -hea#ing and plumbing systems, ranges, refrigerators, air
conditioning equipment and laundry fixtures and machinesnow in oron said premises and which are
the property of Seller are included in this sale.
.10. This Agreement is not assignable by the Buyer without the written consent, in
advance, of the Seller.
11. In the event that Buyer shall be in default of any of the terms and provisions of this .
Agreement, Seiler. shall give written notice to Buyer, sent to Buyer's address as listed herein, of such
default. Said notice shall be sent . certified -snail, return receipt requested, .and the notice shall be
.effective as of the. date of mailing if so mailed. If Buyer does not cure such default to the satisfaction
of Seller within fifteen (15) days.of Seller's letter being mailed to Buyer, Seller shall have the right, at
Seller's own and sole option, to any of thefollowing remedies,
(a) Seller may declare this Agreement mill and void and may retain any..nnd all.
paymentsmade by Buyer to.Sellerpursuant to this Agreement and may at Seller's sole option, xetdm-
possession of the premises, sue Buyer for the balance due under this Agreement, or both;
(b) In the. event (i) Buyer default under this Agreement; (ii) Buyer fail to cur 'the
default after notice from Seller in accordance with this paragraph 11; ('iii) Seller elect to take
5
possession of the premises; and (iv) Seller `thereafter sell the premises to a third party, then the gross
proceeds of such sale shall be disposed of in the following manner:
(1) All costs of such sale shall be paid therefrom;
(2) Seller shall be paid the entire principal balance together with any
accrued interest then due and awing from Buyer to Seller under this Agreement to and inchiding.the
date of such sale to which amount shall be added an attorney's fee equal to twenty (20%) percent of
such principal and interest;
(3) To the extent any portion of such close proceeds remain after the
payment of the items set forth in paragraph 11(b)(1) and (2) (the "Excess Funds"), the Buyer shall be
entitled to receive a portion of the excess funds which shall be equal to the gross proceeds of-such
sale less the amounts paid in accordance with.parsgraph 11(b)(1) and (2). In no eyent, how ver;'shall
such portion of the excess fiends be paid to Buyer be greater than the total paid by Buyer to Seller(s)
under this Agreement prior to Buyer's default; and
(4) The remainder of the excess funds, if any, shall be paid to Seller,
(c) If the Buyer is in possession.of the-premises.at the tune Seller declare this
Agreement terminated and if Seller elect to. proceed in accordance with the provisions-ofP.aragraph
11(b) of this Agreement, Buyer hereby authorize any attorney, as attorney for Buyer, to sign an
agreement, for entering in any competent court, to an amicable action and judgment in ejectment
against Buyer and.all persons claiming under the Buyer, forthe recovery of Seller of possessionofthe
premises, for which this -shall be a sufficient warrant; and thereupon a writ of possession may be
issued forthwith, without any prior proceedings whatsoever, and Buyer hereby release Seller fromall
errors and defects and Buyer hereby release Seller from all errors and defects' whatsoever and entering
such action in ejectment, or causing such writ to be issued, or airy proceedings thereon, or concelniog
the same, and hereby agree that no writ of nor, obligation, or exception shall be made or taken
6
thereto.
(d) In the event Seller do not-take possession ofpremises pursuant to paragraph
I.1(b) of this Agreement, Buyer hereby authorize and empower any.attorney of any court of record of
Pennsylvania or elsewhere to appear for and enter judgment against Buyer or either ofthem, _in favor
of Seller for the total sum then due under the terms of this Agreement, together with costs of suit,
release ofheirs, without stay of execution, with reasonable interest, and with ten (lU%) percent added
as reasonable attorney's fees and Buyer hereby waive and release all benefit and relief from any and all
appraisement, stay, or exemption laws of any state now in force or hereinafter to be passed.
12. For purposes of this Agreement, the current address of Seller is: 1429 Trindle Road,
Carlisle, Pennsylvania 17013; and -the address ofBuyer is: 1431 Trindle Road, Carlisle, Pennsylvania
17013.
13. The failure of the -Seller to insist upon strict performanoe by Buyer of the terms bfthis
Agreement shall not be construed as a waiver, release, or relinquishment thereof.
14. This Agreement contains the entire Agreement between the Buyer and Seller and there
are no other terms, obligations, covenants, representations, statements, or conditions or otheawise; of
.any 1cind whatsoever.
15. This Agreement, or a Memorandum -thereof, shall be recorded in the Recorder of
Deeds Office of the County where the real property is located. Seller shall beat the cost for said
recording.
7
IN WITNESS WHEREOF, the parties hereto have set their hands and,seals the.day and year
first above written.
WITNESS:
.y .
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
da Fry - Selle
r'jid -CR a. - -
ebueffiench --Buyer
ACKNOWLEDGMENT •
ss:
On this,-the & day of August, 2006, before me, personally appeared Wanda Fry, lolown
.to me (or satisfactorily proven) to be the person whose name is subscribed to the within in?ent,
and acknowledged that she executed the'same for the purposes therein contained. .
In witness whereof, I hereunto set my hand and official seal.
Not Public
My 0ommi buy Pubic
i Boro, ana Caum,
Cct?xriesion Ex?kes tyov.l? zoos .
ACKNOWLEDGMENT
STATE.OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: ss:
On this, the day of August, 2006, before me, personally.appeared Carol 'Heach,
known to me (or satisfactorily proven) to be the person whose name is subscribed to the* within
instrument, and acknowledged. that she executed the same for the purposes therein con ' ed.
In witness whereof; I hereunto *set my band and official seal. . .?
Notary ublic
My commission expires:
1 - I OWW S"
ma ft R WISS. N06q Pudic
8 ! CU@ Born, Ctrra?Ca 1*
LIu I?n?nrJeaie.n Cv. u?.. N a , : i WrA 1
clool
O/F/ K
EXHIBIT G
?aqa
THIS DEED
MADE THE r day of ! f OJ in-the year of our
Lord two thousand eight (2008) V
BETWEEN CAROL HENCH, single person of Cumberland
County, Pennsylvania, hereinafter referred to as
(Grantor)
and R. SCOTT MARTIN and PAMELA S. MARTIN, husband and wife
of Cumberland County, Pennsylvania, hereinafter referred
to as
(Grantees)
WITNESSETH, that in consideration of Thirty-eight Thousand Seven
Hundred Dollars and 00/100 ($38,700.00) in hand paid, the receipt
whereof is hereby acknowledged, the said grantor does hereby grant
and convey to the said grantees, their heirs and assigns as
tenants by the entireties:
ALL THOSE FOUR. CERTAIN lots of ground situate in the Township of
Middlesex, County of Cumberland, and State of Pennsylvania,
numbered according to the Dale Fetrow Revised Plan of Lots., which
said Plan is recorded in the Office of the Recorder of Deeds in
and for Cumberland County, at Carlisle, Pennsylvania, in Plan Book
3, Page 103, being Lots Nos . 11, 12, 13, and 14 as shown on said
Plan, and having a frontage of 200 feet along the North side of
Trindle Spring Road and extending at an even width to a depth of
200 feet.
SUBJECT, however, to the restrictions as they appear on the Dale
Fetrow Revised Plan of Lots recorded as aforesaid.
THE WITHIN conveyance is under and subject to the reservations,.
easements and restrictions, contained in Deed Book U, Vol. 3.2,
Page 410.
BEING the same premises which Wanda Mae Fry, single person by deed
dated June 6, 2003 and recorded in the Office of the Recorder of
Deeds in and for Cumberland -County, in Deed Book 280, Page 2100,
granted and conveyed unto, Carol Hench, single person, Grantor
herein.
AND the said grantor hereby covenants and agrees that she
will warrant specially the property hereby conveyed.
IN WITNESS WHEREOF, said grantor has hereunto set her hand
and seal-the day and year above written.
r
SIGNED, SEALED AND DELIVERED:
IN THE PRESENCE OF Ca ench
State of Pennsylvania
County of Cumberland S.
On this, the day of 2008, before
me, the undersigned officer personally ap eared Carol Hench,
single person, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and
acknowledged that she executed the same for the purposes therein
contained.
NoTh AL , I here t set my and official seal.
RENEE L MURRAY. Nohryi' NW
CaflWc Sono. Cambe land.CcMW. PA ( SEAL )
My Commission Expires Doc. !3.2009 Title of off' C r
I do hereby certify that the precise residence and complete
post office address of the within named grantee is
2008 2-74 CAcfc4s N-U_ 90440, CAAL131F, PA. 7702
Attorney for
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200817242
Recorded On 5/23/2008 At 2:51:23 PM
* Instrument Type - DEED
Invoice Number - 21568 * User ID - KW
* Grantor - RENCH, CAROL
* Grantee - lYt.4RT]N, R SCOTT
* Customer - ABSTRACT CO
* FEES
STATE TRANSFER TAX $387.00
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $11.50
RECORDER OF DEEDS
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.0.0
CUMB$RLAND VALLEY $193.50
SCHOOL DISTRICT
XIDDLESEX TOWNSHIP $193.50
TOTAL PAID $812.50
* Total Pages - 3
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
RECORDER OFD rS
- Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
1111111111111111
keo
EXHIBIT H
THIS DEED
S '
MADE THE day of in the year of our
Lord two thousand eight (2008)
BETWEEN R. SCOTT MARTIN and PAMELA S. MARTIN, husband
and wife of Cumberland County, Pennsylvania, hereinafter
referred to as
(Grantors)
and CAROL HENCH, single person, of Cumberland County,
Pennsylvania, hereinafter referred to as
(Grantee)
WITNESSETH, that in consideration of Thirty-two Thousand Eight
Hundred Thirty Thousand Dollars and 00/100 ($32,830.00) ..in hand
paid, the receipt whereof is hereby acknowledged, the said
grantors do hereby grant and convey to the said grantee, her heirs
and assigns:
ALL THAT CERTAIN lot of ground situate in North Middleton
Township, Cumberland County, Pennsylvania, bounded and described
as follows:
BEGINNING at a point in the northern side of Gobin Street which
point is a corner of Lot No. 64 on the hereinafter mentioned Plan
of Lots; thence northwardly along Lot No. 64 a distance of 152.6
feet to a point in line of Lot No. 80; thence Eastwardly along Lot
No. 80 a distance of -75.1 feet to a. point in line of Lot No. 66;
thence southwardly along Lot No. 66 a distance of 150".7 feet to a
point in the northern side of said Gobin Street; thence westwardly
along the northern side of said Gobin Street a distance of 75 feet
to a point, the Place of BEGINNING.
BEING Lot No. 65 on that certain Plan -of Additional Lots of
Greenvale, said Plan of Lots being entered of record in the Office
of the Recorder of Deeds at Carlisle, Pennsylvania in Plan Book 5,
Page 40.
UNDER AND SUBJECT to the restrictions and conditions as filed with
the said Plan of Additional Lots of Greenvale.
BEING the same premises which Mary C. Ramp
15, 1994 and recorded in the office of th
and for Cumberland County in Deed Book 111,
conveyed unto R. Scott Martin and Pamela
wife, Grantors herein.
by deed dated September
e Recorder of Deeds in
Page 1037, granted and
S. Martin, husband and
AND the said grantors hereby covenant and agree that they
will warrant specially the property hereby conveyed.
IN WITNESS WHEREOF, said grantors have hereunto set their
hands and seals the day and year above written.
SIGNED, SEALED AND DELIVERED:
IN THE PRESENCE OF ;
RF Scott Martin
Pamela S. rtin
State of Pennsylvania ,
County of Cumberland SS
On this, the oz/ day of 2008, before
me, the undersigned officer personally a eared R. Scott Martin
and Pamela S. Martin, husband and wife, own 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 purpose therein c ntained.
IN WITNESS WHEREOF, I hereun set my d official seal.
NOTARIAL SEAL
REM L MURRAY, Notary Public ( SEAL)
cojilk Bom, CwubMud C =W. PA Ti le of of f er
My Cwnolnioa Eghu Dr-13. 2004
I do hereby certify that the precise residence and complete
post office address of the within named grantee is
2
2008 210 M A K l o tJ • A vE Lt ,c) CAA?_ u sl c- j PA 11413
5 ? 1
Attorney for
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200817243
Recorded On 03/2008 At 2:52:14 PM
* Instrument Type - DEED
Invoice Number - 21569 User ID - RAK
* Grantor - MARTIN, R SCOTT
* Grantee - HENC11, CAROL
* Customer - ABSTRACT CO
* FEES
STATE TRANSFER TAX $328.30
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $11.50
RECORDER OF DEEDS
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
CARLISLE AREA SCHOOL $16
15
DISTRICT 4
NORTH MIDDLETON $164.15
TOWNSHIP
TOTAL PAID $695.10
* Total Pages - 4
Certification Page
DO NOT DETACH
This page is now part
of this legal document
I Certify this to be recorded
in Cumberland County PA
?a
•REC0RDI1R O D DS
* - Information denoted by an asterisk may ebange during
the verification proem and may not be reflected on this page.
11111111111111111
MARGARET M. STUSKI, ESQUIRE STEPHANIE E. CHERTOK, ESQUIRE
PA Supreme Court ID #: 42478 PA Supreme Court ID #: 52651
61 West Louther Street 61 West Louther Street
Carlisle, PA 17013 Carlisle, PA 17013
(717) 249-1177 (717) 249-1177
(717) 249-4514 Fax (717) 249-4514 Fax
WANDA FRY,
1429 TRINDLE ROAD
CARLISLE, PA 17013
Plaintiff,
V.
CAROL HENCH
930 GOBIN DRIVE
CARLISLE, PA 17013
and
R. SCOTT MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013
and
PAMELA S. MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013,
Defendants.
TRUE
III Testhnn+
PRAECIPE FOR LIS PENDENS
TO THE PROTHONOTARY:
Ulf,
,..c .... day
---" b
Please index the above-captioned action to impress a constructive trust as a lis pendens
against the following real property recorded in Cumberland County Deed Book 3, Page 103,
described therein as follows:
ALL THESE FOUR CERTAIN lots of ground situate in the Township of Middlesex,
County of Cumberland, and State of Pennsylvania, numbered according to the Dale
Fetrow Revised Plan of Lots, which said Plan is recorded in the Office of the Recorder of
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-3240
CIVIL ACTION
w Il
J r
COPY FROM RECORD
_whereof, I here unto sct my han
of said Court I Carlisle, Pa.
02MI..
Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Plan Book 3, Page
103, being Lots Nos. 11, 12, 13, and 14 as shown on said Plan, and having a frontage of
200 feet along the North side of Trindle Spring Road and extending at an even width to a
depth of 200 feet.
SUBJECT, however, to the restrictions as they appear on the Dale Fetrow Revised Plan
of Lots recorded as aforesaid.
THE WITHIN conveyance is under and subject to the reservations, easements and
restrictions, contained in Deed Book U, Vol. 32, Page 410.
BEING the same premises which Wanda Mae Fry, single person by deed dated June 6,
2003 and recorded in the Office of the Recorder of Deeds in and for Cumberland County,
in Deed Book 280, Page 2100, granted and conveyed unto Carol Hench, single person,
Grantor herein.
Date: - -?z 1,o Mayg *f`M. Stuski, Esquire v
Attorney for Plaintiff
PA Supreme Court ID #: 42478
61 W. Louther Street
Carlisle, PA 17013
(717) 249-1177
2
MARGARET M. STUSKI, ESQUIRE STEPHANIE E. CHERTOK, ESQUIRE
PA Supreme Court ID #: 42478 PA Supreme Court ID #: 52651
61 West Louther Street 61 West Louther Street
Carlisle, PA 17013 Carlisle, PA 17013
(717) 249-1177 (717) 249-1177
(717) 249-4514 Fax (717) 249-4514 Fax
WANDA FRY,
1429 TRINDLE ROAD
CARLISLE, PA 17013
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-3240
V.
CAROL HENCH
930 GOBIN DRIVE
CARLISLE, PA 17013
CIVIL ACTION
and
R. SCOTT MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013
and
PAMELA S. MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013,
Defendants.
CERTIFICATE OF SERVICE
The undersigned does hereby certify that on the date indicated a true and correct copy of
the foregoing Praecipe for Lis Pendens was forwarded to the Sheriff of Cumberland County,
Pennsylvania for service upon the following in accordance with Pa.R.C.P. 400:
CAROL HENCH
C/O STUART J. MAGDULE, ESQUIRE
4431 NORTH FRONT STREET
HARRISBURG, PA 17110
R. SCOTT & PAMELA S. MARTIN
C/O GEORGE F. DOUGLAS, III, ESQUIRE
354 ALEXANDER SPRINGS ROAD, SUITE 1
CARLISLE, PA 17015
DATE: ; ?2 /? 1
et M. Esquire
Attorney for Plaintiff
PA Supreme Court ID #: 42478
61 W. Louther Street
Carlisle, PA 17013
(717) 249-1177
MARGARET M. STUSKI, ESQUIRE STEPHANIE E. CHERTOK, ESQUIRE
PA Supreme Court ID #: 42478 PA Supreme Court ID #: 52651
61 West Louther Street 61 West Louther Street
Carlisle, PA 17013 Carlisle, PA 17013
(717) 249-1177 (717) 249-1177
(717) 249-4514 Fax (717) 249-4514 Fax
WANDA FRY,
1429 TRINDLE ROAD
CARLISLE, PA 17013
Plaintiff,
V.
CAROL HENCH
930 GOBIN DRIVE
CARLISLE, PA 17013
and
R. SCOTT MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013
and
PAMELA S. MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-3240
CIVIL ACTION
PRAECIPE FOR LIS PENDENS
TO THE PROTHONOTARY:
TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my ha
nd the seal of said Court at Carlisle, Pa.
4 ...11'.µ.. day of....\I.Qw ...... Ami
Please index the above-captioned action to impress a constructive trust as a lis pendens
against the following real property recorded in Cumberland County Deed Book 111 -at Page
1037, described therein as follows:
ALL THAT CERTAIN lot of ground situate in North Middleton Township,
Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point in the northern side of Gobin Street which point is a comer of
Lot No. 64 on the hereinafter mentioned Plan of Lots; thence northwardly along Lot No.
64 a distance of 152.6 feet to a point in line of Lot No. 80; thence Eastwardly along Lot
No. 80 a distance of 75.1 feet to a point in line of Lot No. 66; thence southwardly along
Lot No. 66 a distance of 150.7 feet to a point in the northern side of said Gobin Street;
thence westwardly along the northern side of said Gobin Street a distance of 75 feet to a
point, the Place of BEGINNING.
BEING Lot No. 65 on that certain Plan of Additional Lots of Greenvale, said Plan of
Lots being entered of record in the Office of the Recorder of Deeds at Carlisle,
Pennsylvania in Plan Book 5, Page 40.
Date:
Mar et M. Stuski, Esquire
Attorney for Plaintiff
PA Supreme Court ID #: 42478
61 W. Louther Street
Carlisle, PA 17013
(717) 249-1177
2
MARGARET M. STUSKI, ESQUIRE
PA Supreme Court ID #: 42478
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
STEPHANIE E. CHERTOK, ESQUIRE
PA Supreme Court ID #: 52651
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 2494514 Fax
WANDA FRY,
1429 TRINDLE ROAD
CARLISLE, PA 17013
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-3240
V.
CAROL HENCH
930 GOBIN DRIVE
CARLISLE, PA 17013
CIVIL ACTION
and
R. SCOTT MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013
and
PAMELA S. MARTIN
250 CACTUS HILL ROAD
CARLISLE, PA 17013,
Defendants.
CERTIFICATE OF SERVICE
The undersigned does hereby certify that on the date indicated a true and correct copy of
the foregoing Praecipe for Lis Pendens was forwarded to the Sheriff of Cumberland County,
Pennsylvania for service upon the following in accordance with Pa.R.C.P. 400:
CAROL HENCH
C/O STUART J. MAGDULE, ESQUIRE
4431 NORTH FRONT STREET
HARRISBURG, PA 17110
R. SCOTT & PAMELA S. MARTIN
C/O GEORGE F. DOUGLAS, III, ESQUIRE
354 ALEXANDER SPRINGS ROAD, SUITE 1
CARLISLE, PA 17015
DATE: Z ?...
,ofirgaret M. Stuski, Esquire
-Attorney for Plaintiff
PA Supreme Court ID #: 42478
61 W. Louther Street
Carlisle, PA 17013
(717) 249-1177
ALLIED ATTORNEYS C06PY
OF CENTRAL PENNSYLVANIA, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
Stephanie E. Chertok, R.N., Esquire - Managing Partner
Stephen R. Maitland, Esquire
Andrew J. Bender, Esquire
K Lee Derr, Esquire
George F. Douglas, III
Salzmann Hughes, P.C.
354 Alexander Springs Road, Suite 1
Carlisle, PA 17015
Wanda Fry
1772 Trindle Road
Carlisle, PA 17015
RE: Fry v. Hench, et al.
Dear Mr. Douglas:
July 7, 2010
I recognize that you have been attempting to settle the above-captioned matter
between my client, Wanda Fry, and your clients, Ms. Hench and the Martins. In the
interest of expediting this process, I am giving you my consent to contact Ms. Fry
directly with any settlement offers and other related communications.
As her counsel, I do request, however, that a copy of any communications sent to
Ms. Fry or received from Ms. Fry also be sent to my office. I ask this in the interest of
staying apprised of any developments in the settlement talks. My hope is that by
communicating directly with Ms. Fry, you can expeditiously settle this matter.
Should you have any questions, please do not hesitate to contact our office.
Very truly yours,
Stephanie E. Chertok
EXHIBIT "B"
cc "Y
George Douglas
From: Stuart J. Magdule [smagdule@sasllp.com]
Sent: Monday, August 16, 2010 9:39 AM
To: George Douglas; spotlight@pa.net
Subject: RE: FW: Attached Image
This is to confirm my permission. Stu
Stuart J. Magdule, Esq.
Smigel, Anderson & Sacks LLP
4431 North Front Street
Harrisburg, Pa. 17110
717-234-2401
Fax 717-234-3611
smaedule(@sasllp.com
-----Original Message-----
From: George Douglas [mailto:Goouglas@salzmannhughes.com]
Sent: Monday, August 16, 2010 9:30 AM
To: spotlight@pa.net
Cc: Stuart 3. Magdule
Subject: RE: FW: Attached Image
Thanks for your response. I understand that you would need Wanda's approval in order to reach
a compromise.
Stuart Magdule, Esq. gave me permission to work directly with Carol Hench in order to see if
I could get this matter resolved. I am going to copy this response to Stuart and ask that he
respond to both of us so you are comfortable with the authority he gave me.
Once we have this than maybe you and I can communicate on a resolution.
Thanks again,
George
-----Original Message-----
From: spotlight@pa.net [mailto:spotlight@pa.net]
Sent: Saturday, August 14, 2010 9:56 AM
To: George Douglas
Subject: Re: FW: Attached Image
Hi George- I cannot agree to this settlement on Wanda's behalf. You
will have to get Wanda to agree and since you have not heard from
Wanda or Carol, I do not know how you are going to do anything to
resolve the matter. Is Carol still represented by Stuart Magdule? Let
me know about that, then I will have a better idea of what I might be
able to do to help you to move this. Thanks- Stephanie
Quoting George Douglas <GDouelaslisalzmannhuahes.com>:
> Stephanie, EXHIBIT "C"
1
COSY
SETTLEMENT AGREEMENT
AND GENERAL RELEASE OF ALL CLAIMS
KNOWN ALL MEN BY THESE PRESENTS, that WANDA FRY, does hereby hold
harmless, indemnify, release, acquit and forever discharge CAROL HENCH, R. SCOTT
MARTIN and PAMELA S. MARTIN, and their agents, servants, successors, heirs, executors,
personal representatives and administrators from any and all claims, actions, causes, demands,
rights, damages, costs, expenses, including reasonable attorney fees, third party actions, suits at
law or in equity, including claims or suits for contribution and indemnity, and any and all
liability whatsoever, which are related in any way to the Civil Action which was filed at No. 09-
3240 in the Court of Common Pleas in Cumberland County, Pennsylvania on May 21, 2009.
IT IS AGREED between the parties that CAROL HENCH will prepare a Note and
Mortgage payable to Wanda Fry in the amount of $62,500.00. The said mortgage is recorded at
Instrument No. 201033938, on November 19, 2010, at the Office of the Recorder of Deeds in
and for Cumberland County, Pennsylvania.
The consideration stated herein has been performed and all stated documents have been
executed and it being the understanding that the same is to constitute a FULL and FINAL
settlement and release of any and all claims against the person and parties released herein as
more completely set forth above.
IT IS UNDERSTOOD that each party listed above is responsible to pay their own legal
fees to their respective counsel and any costs associated with this matter.
As to the terms outlined herein, this Settlement Agreement and General Release of All
Claims contains the entire agreement between the parties hereto, and the terms of this agreement
are contractual and not a mere recital. The undersigned further state that we have carefully read
EXHIBIT "D"
the foregoing and know the contents thereof, and we sign the same as our free act. This
settlement is a compromise of disputed claims and any payment or exchange is not to be
construed as an admission on the part of the party or parties hereby released of liability.
X?Qiq
WITNESS our hands and seal this I day of ??+1 2010.
WITNESSETH:
A f ,m Ao-
WANDA FAY
CAMZ HE CH
R.-COTT MARTIN
PAMELA S. MARTIN
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: ss.
On this, the i q day of N 2010, before me, the undersigned
officer, personally appeared WANDA FRY, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within instrument, and acknowledged that
she executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
WTM&SEAL
GWW F. WJQIAS,1k NO'aR1P
CARlM M CUB COUNTY Notary Public
W OOMM MM EXPFES JUNE 21 M1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: ss.
On this, the i day of N 2010, before me, the undersigned
officer, personally appeared CAROL HENCH, known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within instrument, and acknowledged
that she executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARKSEAL
a E DOUMA8, K N MMW otary Public
CARUStF gppp, gA?.I11D COUNTY
WMMOMDIESJUNEK5011
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: SS.
On this, the `F day of NL5
2010, before me, the undersigned
officer, personally appeared R. SCOTT MARTIN and PAMELA S. 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 same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
F. DWMA?? KNOW
7CUU Notary Public ?-
COPY
NOTE
November 16, 2010
[Date]
Carlisle Pennsylvania
[City] [State]
930 Gobin Street, Carlisle, PA 17013
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $_ 62.500.00 (this amount is called "Principal"), plus
interest, to the order of the Lender. The Lender is Wanda Fry. I will make all payments under this Note in the form of cash,
check or money order,
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a. yearly
rate of 6.00 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section
6(13) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the Ist_ day of each month beginning on fiber 1-2010. I will make these
payments every month until I have paid all of the principal and interest and any other charges described below that I may owe
under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before
Principal If, on December 1. 2035 I still owe amounts under this Note, I will pay those amounts in full on that
date, which is called the "Maturity Date."
I will make my monthly payments at 1772 Trindle Road CarlLle. PA 17015 or at a different place if
required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 200.00 .
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as
a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a
payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my prepayment to reduce the
Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my
monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpneftd: so that the interest or
other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such
loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (b) any sums already
collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund
by reducing the Principal I owe under this Note or by making a direct payment to me.. If a refund reduces Principal, the
reduction will be treated as a partial Prepayment.
MULTISTATE FUM RATE N07&--sleds Family-Fade MadFmddie Mae IINMRM OMMUM T FORbt 33 0 lAl (poke I of3Patatl
EXHIBIT "E"
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the
date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.0 % of my overdue payment
of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all
the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or
delivered by other means.
(D) No Waiver By Note Holder
Even if; at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to
be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prolu'bited by applicable law.
Those expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that
different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note
is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor,
surety or endorser of this Note, is also obligated to loeep all of the promises made in this Note. Ile Note Holder may enforce
its rights under this Note against each person individually or against all of us together. This means that any one of us may be
required to pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means
the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Dead of Trust, or Security Deed (the "Security instrument-), dated the same date
as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in
this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment
in full of all amounts I owe under this Note. Some of those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,
Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option
shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
MULTMAIMSE ED RATE NOT- in* Family-gasok MmAkiddle Mae UNWORM IIaTRIIhMn
FORM 3200 1/01 (pgtr2 e13 pWa)
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
period of not less than 30 days from the date the notice is given in accordance with Section 15 within which
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the
expiration of this period, Lender may invoke ariy remedies permitted by this Security Instrument without further
notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
NO A(
CAROL HEN-CH
rowel
-Borrower
[SYgn Original O*j
MULTffiTATZ FIStD RATZ NOM mss FM*--Fmmk Ma&rW s Mac UNIFORM DMMLII111=
» ,-
FORM 3200 U01 (AW3 oj3pw)
Parcel No.: 29-19-1639-032
$62,500.00
MORTGAGE
November 16, 2010
THIS MORTGAGE, made as of this 16th day of November, 2010, by and between CAROL HENCH,
adult individual of Cumberland County, Pennsylvania, (hereinafter referred to as "Mortgagor") and
WANDA FRY, adult individual, of Cumberland County, Pennsylvania (hereinafter referred to as
"Mortgagee").
WITNESSETH:
WHEREAS, Mortgagor has consented to the granting of said mortgage in the amount of Sixty
Two Thousand and Five Hundred 00/100 ($62,500.00) Dollars as security for the Promissory Note dated
an even date herewith, and
WHEREAS, that in the event that Mortgagor, becomes in default of any of the provisions or
terms of any of the aforementioned Promissory Note or this document, Mortgagee shall have the right to
foreclose upon this mortgage to the extent of Mortgagor's then outstanding obligation under said
Promissory Note.
NOW, THEREFORE, Mortgagor, in consideration of said debt or principal sum and as
security for the payment of the same and interest as aforesaid, together with all other sums payable
hereunder or under the terms of the Promissory Note, does grant and convey unto Mortgagee, their heirs
and assigns, a Mortgage in the amount of Sixty Two Thousand Five Hundred and 00/100 ($62,500.00)
Dollars on the following property known and numbered as 930 Gobin Street, Carlisle, Cumberland
County, Pennsylvania, 17013 being more particularly bounded and described as follows:
SEE EXHIBIT A attached hereto for complete legal description.
TO HAVE AND TO HOLD the same unto Mortgagee, their heirs and assigns, forever.
This Mortgage is executed and delivered subject to the following covenants, conditions and
agreements:
(1) From time to time until said debts and interest are fully paid, Mortgagor shall: (a) pay and
.----discharge,--when-and-as-the-same-shale-become-due-and-payable,-all-taxes;-asswsment , sewer--od-water-
rents and all other charges and claims assessed or levied from time to time by any lawful authority upon
any part of the mortgaged premises and which shall or might have priority in lien or payment to the debts
secured hereby, (b) pay all ground rents reserved from the mortgaged premises and pay and discharge all
mechanics' liens which may be filed against said premises and which shall or might have priority in lien
or payment of the debts secured hereby, (c) pay and discharge any documentary stamp or other tax,
including interest and penalties thereon, if any now or hereafter becoming payable on the Note
evidencing the debt secured hereby, (d) provide, renew and keep alive by paying the necessary premiums
and charges thereon such policies of hazard and liability insurance as may be commercially reasonable
with regard to the mortgaged premises concerning the buildings and improvements now or hereafter
erected upon the mortgaged premises, with loss payable clauses in favor of Mortgagor and Mortgagee
as their respective interests may appear, and (e) promptly submit to Mortgagee evidence of the due and
punctual payment of all the foregoing charges upon request.
(2) In the event Mortgagor neglects or refuses to pay the charges mentioned at (1) above,
Mortgagee may do so, add the cost thereof to the principal debt secured hereby, and collect the same as
part of said principal debt.
(3) In case default be made for the space of fifteen (15) days after written notice thereof in the
payment of any installment of principal or interest pursuant to the terms of the Note, or in the
performance by Mortgagor of any of the other obligations under the Promissory Note or this Mortgage,
the entire unpaid balance of said principal sum, together with unpaid interest thereon, shall at the option
of Mortgagee upon notice thereof to Mortgagor become immediately due and payable, and foreclosure
proceedings may be brought forthwith on this Mortgage and prosecuted to judgment, execution and sale
for the collection of the same, together with costs of suit and an attorney's commission for collection of
five (5%) percent, of the total indebtedness. Mortgagor hereby forever waives and releases all errors in
said proceedings, waives stay of execution, the right of inquisition and extension of time of payment,
agrees to condemnation of any property levied upon by virtue of any such execution, and waives all
exemption from levy and sale of any property that now is or hereafter may be exempted by law.
(4) In the event of any conveyance of said mortgaged premises, the Mortgagor will forthwith
notify the Mortgagee thereof, and, at the option of the Mortgagee, this Mortgage shall thereupon
become due and payable.
(5) Mortgagor shall maintain all buildings and improvements thereon subject to the Mortgage
in good and substantial repair. Mortgagee shall have the right to enter upon the mortgaged premises at
any reasonable hour for the purpose of inspecting the order, condition and repair of the buildings and
improvements erected thereon.
(6) The covenants, conditions and agreements contained in this Mortgage shall bind, and the
benefits thereof shall inure to the respective parties hereto and their respective heirs, executors,
administrators, successors and assigns, and if this Mortgage is executed by more than one person or
other legal entity, the undertakings and liability of each shall be joint and several.
(7) This Mortgage shall remain in full force and effect until such time. as all indebtedness of
Mortgagor, pursuant to the aforesaid Promissory Notes has been paid in full.
2
WITNESSETH the due execution hereof the day and year first above written.
Witness:
® (SEAL)
O HENCH
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
j rr'H
ON this 1 day of November 2010, before me the undersigned officer personally appeared
Carol Hench, who has satisfactorily proven to me to be the person whose name is subscribed to the
within Mortgage, and acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
WTAFUL SEAL
E F DODO M. NOTARY (SEAL)
GANJU BOR06 LAND00[AIiY
MYOMANNEVEMA N K2011
CERTIFICATE OF RESIDENCE OF MORTGAGEE
I hereby certify that the precise residence or place of business of the Mortgagee within is
1772 W. Trindle Road, Carlisle PA 17015.
anda Fry, Mortgagee
SALZMANN HUGHES, PC
354 Alexander Spring Road, Ste. I
Carlisle, PA 17015
ALL THAT CERTAIN lot of ground situate in North Middleton
Township, Cumberland County, Pennsylvania, bounded and described
as follows:
BEGINNING at a point in the northern side of Gobin Street which
point is a corner of Lot No. 64 on the hereinafter mentioned Plan
of Lots; thence northwardly along Lot No. 64 a distance of 152.6
feet to a point in line of Lot No. 80; thence Eastwardly along Lot
No. 80 a distance of 75.1 feet to a point-in line of Lot No. 66;
thence southwardly along Lot No. 66 a distance of 150.7 feet to a
point in the northern side of said Gobin Street; thence westwardly
along the northern side of said Gobin Street a distance of 75 feet
to a point, the Place of BEGINNING.
BEING Lot No. 65 on that certain Plan of Additional Lots of
Greenvale, said Plan of Lots being entered of record in the office
of the Recorder of Deeds at Carlisle, Pennsylvania in Plan Book 5,
Page 40.
UNDER AND SUBJECT to the restrictions and conditions as filed with
the said Plan of Additional Lots of Greenvale.
EBHIBIT "A"
CUMBERLAND COUNTY RECORDER OF DEEDS
RECEIPT
Inv Number: 77061 Invoice Date: 11119/20101:31:56 PM RECEIPT Reg/Drw ID: 0301
Customer: Last Change: Receipt By: COUNTER By: KW
DOUGLAS
Chg # Charge I Payment I Fee Description Amount Inst # I Inst Date Municipality
1 MORTGAGE $64.00 201033936 NORTH MIDDLETON
Mortgagor - HENCH, CAROL 11/19110 1:31:59 PM TOWNSHIP
Mortgagee - FRY, WANDA Total Pages: 6
Consideration - $62,500.00
Return Via - PICKUP
PARCEL IDENTIFICATION NUMBER
29-19-1639-032-
Fee Detail:
AFFORDABLE HOUSING FEE $11.50
COUNTY RECORDING FEE $11.50
IMPROVEMENT FEE - COUNTY $2.00
IMPROVEMENT FEE - RECORDER $3.00
JCS / ATJ / CJEA FEE $23.50
PARCELS FEE $10.00
PER PAGE FEE $2.00
STATE WRIT FEE $0.50
TOTAL CHARGES $64.00
PAYMENTS
CHECK: 4431 $64.00
TOTAL PAYMENTS $64.00
AMOUNT DUE $64.00
PAYMENT ON INVOICE ($64.00)
BALANCE DUE $0.00
Date: Nov 19, 20101:32:56 PM Page
> I will address your concern with the parties involved.
> I will also work on a petition to the court for some guidance.
> The relief requested has been granted by the recording of a mortgage in
> the amount of $62,500. Carol signing the note and mortgage was not an
> easy thing to accomplish and it was very important that it was placed on
> record quickly before she went and borrowed any money against her
> property.
> -----Original Message-----
> From: spotlight@pa.net [mailto:spotlight@pa.net]
> Sent: Friday, December 03, 2010 8:40 AM
> To: George Douglas
> Subject: Re: Update On Wanda Fry Matter
> George- since you have negotiated the conclusion of this matter, you
> will need to provide me with payment of my bill and I will then
> provide you with my withdrawal of appearance so you can finalize this
> in any way that you and Wanda may agree. At this time I am not going
> to step aside while I am the attorney of record and allow you to file
> anything for Wanda with the idea that someday I may be paid. I DID NOT
> SIGN A SETTLEMENT AGREEMENT AND I AM STILL THE ATTORNEY OF RECORD.
> FURTHERMORE, I DO NOT BELIEVE THAT YOU HAVE DONE ANYTHING TO SETTLE
> THIS MATTER IN WANDA'S BEST INTEREST. YOU CAN EASILY HAVE WANDA SIGN
> THINGS THAT MEET YOUR CLIENT'S NEEDS, AND IF THAT IS WHAT SHE CHOOSES,
> THAT IS HER BUSINESS. I MUST BE PAID MY OUTSTANDING BILL AND WHATEVER
> YOU DID TO CAROL'S MORTGAGE TO GET THE BILL PAID IS APPRECIATED BUT
> NOW MUST BE TURNED INTO A PAYMENT, RATHER THAN A PROMISE. Thank you.
> Stephanie
> Quoting George Douglas <GDouglas@salzmannhughes.com>:
>> I just drafted a letter to Wanda so I can forward her the original
> note
>> and recorded mortgage in the amount of $62,500. I also enclosed a
>> settlement agreement which has been signed by all parties which I hope
>> will conclude this matter.
>> Wanda indicated to me that she will pay you as soon as she can. I did
>> increase the amount of the obligation from Carol to Wanda by $2,500 so
>> Wanda will eventually be reimbursed for some of her legal costs. The
>> settlement agreement indicates that each party is responsible for
> their
>> own legal fees.
>> A copy of my letter and all of the documents have been copied to you
> so
EXHIBIT "F"
SALZMANN HUGHES, P.C.
George F. Douglas, III, .Esq.
Atty. ID. No. 61886
354 Alexander Spring Rd., Suite 1
Carlisle, PA 17015
(717) 249-6333
FILED-OFFICE.
OF THE PROTHONOTARY
2011 JAN 26 AM 11 ' 05
CU PEENS LVANIA T,'
GEORGE F. DOUGLAS, III, ESQ.,
PETITIONER
V.
WANDA FRY,
RESPONDENT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2009 - 3240
CIVIL TERM.
AMENDED MOTION TO PETITION
TO ENFORCE SETTLEMENT AGREEMENT
TO THE HONORABLE JUDGES OF SAID COURT:
AND NOW, this 26t` day of January, 2011, George F. Douglas, III, Esquire of Salzmann
Hughes, P.C., avers the following Amended Motion to Petition to Enforce Settlement
Agreement:
1. A Judge has not ruled upon any issue in the case or related matter.
2. Petitioner has requested the concurrence of Stephanie E. Chertok, Esq., Counsel for the
Respondent, Wanda Fry, and she does not concur with the relief requested in the Petition.
Dated: J _16 z6 f f
By: b2?_ r, 75
SALZMANN HUGHE , P.C.
George F. Douglas, III, Esq.
Atty. ID. No. 61886
354 Alexander Spring Rd., Suite 1
Carlisle, PA 17015
(717) 249-6333