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HomeMy WebLinkAbout01-1592KEVIN V. ANDERSON and : CECELIA A. ANDERSON, his wife,: Plaintiff : WAYNE E. CRAWFORD, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. CIVIL ACTION - LAW NOTICE TO: Wayne E. Crawford 3481 Spring Road Carlisle, PA 17013 You are hereby notified that on /P/~m'~ 2001, judgment by confession was entered against of $67,748.16 in the above-captioned case. you in the sum rothonotary ~ d YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator 4~i~ Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 I hereby certify address of the Defendant: 3481 that the following is the last known Spring R~P~=~Carlisle, PA 17013. · ocha, ~squire Attorney I.D. No. 29101 2201 North Second Street Harrisburg, PA 17110 (717) 233-4141 Attorney for Plaintiff KEVIN V. ANDERSON and : CECELIA A. ANDERSON, his wife,: Plaintiff : WAYNE E. CRAWFORD, : Defendant : CONFESSION OF JUDGMENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW TO THE PROTHONOTARY OF SAID COURT: Pursuant to the authority contained in the warrant of attorney, the original or copy of which is attached to the complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff against the Defendant as follows: Delinquent Payments Principal Balance Attorney's Fee of 10% TOTAL $ 2,364.45 $59,439.74 } 5.943,97 $67,748.16 Respectfully submitted, a cis M. Soch~, msqulre 29101 2201 North Second Street Harrisburg, PA 17110 (717) 233--4141 KEVIN V. ANDERSON and : CECELIA A. ANDERSON, his wife,: Plaintiff : WAYNE E. CRAWFORD, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiffs, Kevin V. Anderson and Cecelia A. Anderson, his wife, by their attorney, Francis M. Socha, Esquire, and sets forth the following Complaint: Anderson, are an adult individuals residing at Mechanicsburg, Cumberland County, Pennsylvania. COUNT I - CONm~SSION OF JUDGmENT FOR MONEY The Plaintiffs, Kevin V. Anderson and Cecelia A. 553 Sawmill Road, 3481 Spring Road, Carlisle, Middlesex County, Pennsylvania (the "Property"). The Plaintiff is the owner of the property known as Township, Cumberland The Plaintiff acquired the Property from Homer A. Hepfer, pursuant to a deed dated December 3, 1999, and recorded December 7, 11999, in the Cumberland County Recorder of Deeds Office in Record Book 212, Page 759. The Defendant, Wayne E. Crawford, is an adult individual residing at 3481 Spring Road, Carlisle, Cumberland County, Pennsylvania. 4. On September 29, 2000, Plaintiff and Defendant entered into an Agreement of Sale of Real Estate (the "Agreement") for the property at 3481 Spring Read, Carlisle, Cumberland County, Pennsylvania Agreement is (the "Property"). A true and correct copy of the attached hereto and marked as Exhibit "A." 5. The Defendant entered into possession of the Property about September 29, 2000, and was at all times herein Property by virtue of said on or remained in possession of the Agreement. 6. Paragraph 2C Defendant shall October 29, eighty 7. of the Agreement provides that the pay monthly installments of $663.24 beginning (180) 2000, and continuing thereafter for one hundred months. Paragraph 7 of the Agreement provides that the Defendant shall pay 1/12th of the annual amount for real estate taxes in the amount of $68.38 and 1/12th of the annual amount premiums for insurance in 8. On February 19, Defendant written notice the amount of $19.00. 2001, the Plaintiff served upon the of default requiring the Defendant to pay all outstanding and delinquent charges resulting from the Defendant's occupancy of the Premises. At the time of such for 2 notice, the Defendant was in default for failing to pay the monthly installment payment of $663.24 for the months'of January and February, 2001. A true and correct copy of said written notice is attached hereto and marked as Exhibit "B." 9. The Defendant has willfully failed to cure his default under the Agreement and has remained in possession of the Plaintiff's property after notice of default. 10. The Defendant owes to the Plaintiff the following sums under the Agreement. January, 2001 $ 750.62 Late Fee (5%) $ 37.53 February, 2001 $ 750.62 Late Fee {5%) $ 37.53 March, 2001 $ 750.62 Late Fee (5%) } 37.5~ TOTAL DUE $2,364.45 11. The Defendant, although requested to pay the balance of $2,364.45 to the Plaintiff, refuses to pay the same or any part thereof. Said sum is still in arrears and unpaid. 12. Paragraph 26 of the Agreement provides that upon an event of default, Plaintiffs' may declare the entire principal balance due and owing with interest thereon immediately due and payable. The principal balance due and owing at the time of the default is $59,439.74, plus attorney's fees of ten percent (10%) of $5,943.97. WHEREFORE, Plaintiffs demand judgment against th~ Defendant in the amount of $67,748.16, plus court costs and interest. COUNT II - CO~LAINT FOR EJECTMENT 15. Plaintiff incorporates Paragraph 1 through 14 as if set forth at length. 16. Plaintiff has the right of possession of the property because of the Defendant's failure to timely fulfill its obligation under the Agreement. 17. Plaintiff avers that the right of possession to the above-described premises rest with the Plaintiff and not with the Defendant. WHEREFORE, Plaintiff seeks possession of the Property and the ejectment of the Defendant from the Property. Respectfully submitted, 2201 North Second Street Harrisburg, PA 17110 (717) 233-4141 Attorney for Plaintiff 4 AGREEMENT OF SALW. OF REAL ESTATE THIS INSTALI24ENT SA?.w.S A~T, made and entered into this 29TH day of SEPTEMBER, 2000, by and between: KEVIN V. ANDERSON and CECELIA A. ANDERSON, Mechanicsburg, Pennsylvania, {hereinafter "Seller"), -AND- ~-AYNE E. C~WFORD, 'of Gardners, Pennsylvania, (hereinafter "Purcha set" ) WITNESSETH: IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS · HEREINAFTER CONTAINED AND INTENDING TO BE LEGALLY BOUND HEREBY, IS AGREED BY AND BETWEEN SELLER AND PURCHASER AS FOLLOWS: IT 1. ~/L~. The Seller agree to sell to the Purchaser, and the Purchaser agrees to purchase and accept the conveyance of all those certain lots or parcels of land, having inspected or being provided with the opportunity to inspect the Premises, and accepting the Premises in it current "as is" condition, situate in the Township of Middlesex, Cumberland County, known as 3481 Spring Road, Carlisle, Pennsylvania, as more particularly described and set forth in Exhibit "A", which is attached hereto and incorporated herein by reference thereto. 2. ~. The Purchaser agree to pay to Seller, as the full consideration or price of the said premises, the sum of SIXTY-FIVE THOUSAND DOLLARS ($65,000.00) payable as follows: ecc~ CC) The sum of TWO THOUSAND DOLLARS ($2,000.00) in cash upon the execution of this Agreement, receipt of which is hereby acknowledged by Seller; The sum of THREE THOUSAND DOLLARS ($3,000.00) in cash on or before October 29, 2000; and The balance of SIXTY THOUSANDDOLLARS ($60,000.00), together with interest thereon at the rate of TA~V AND ONE-HALF PERCmNT (10 ~%), per annum, amortized over FIFTEEN (15) years and payable in equa! monthly installments of SIX HUNDRED SIXTY-THREE DOLLARS AND 24/100 ($663.24) which said installments shall be paid to Seller at Seller's address as listed herein, and which said payments shall be due on the 29th day of each month with the first payment being due in October 2000, and continuing thereafter on the 29th day for one hundred eighty (180) consecutive months'thereafter, and to pay the outstanding principal balance then owing on or before the 30th day of September, 2015. The failure to pay any of these installments as due or to pay the then-owing balance in full on or before the. 30th day of September, 2015, shall be a substantial default of this agreement and shall entitle Seller to retain all monies paid pursuant to this agreement and to exercise all other remedies set forth herein for default. Upon payment in full by the Purchaser of the unpaid principal balance and any interest then due, pursuant to the foregoing, Seller shall convey the said premises to Purchaser in fee simple by special warranty deed. 3. ~. Purchaser shall have the right to prepay all or any part of the unpaid principal balance, without penalty for such prepayment, at any time and from time to time on any regular installment date due, together with interest on such prepayment to the date of payment. 4. kB~_~Le_D~. The above-stated payments shall be paid to the Seller at its address, or at such address as it shall provide to the Purchaser in writing. Purchaser shall pay the Seller a charge of FIVE PERCENT (5%) of any monthly installment not received by Seller within fifteen (15) days after the hereinabove mentioned monthly payments are due. 5. Possession and Occupancy. Purchaser shall be entitled to possession and occupancy of the premises upon execution and delivery of this Agreement and the payment of any monies required 'at the time of, or prior to, settlement. Purchaser thereafter shall have the right of occupancy. 6. Apportionment of Real Estate Taxes, Rents and Exoense~. Ail local real estate taxes shall be apportioned on a fiscal year basis to the date of execution of this Agreement. 7. Local Real Estate Taxes. Future Water, Sewer and Ali Municipal Assessments and Claim~. All future real estate taxes, future water, sewer and all municipal assessments and claims which may be charged or assessed against the within premises of every nature and by whatever authority from the date of this Agreement shall be paid by the Purchaser when and as same shall become due and payable. Purchaser shall include in each monthly payment, together with the principal and interest as set forth herein and any late charges, a sum for (a) 1/12th of the annual amount for real estate taxes in the amount of $68.38; and (b) 1/12th of the annual amount for premiums for insurance in the amount of $19.00, as required under Paragraphs 9 and 10. 8. ~. At final settlement, Seller and · Purchaser shall split equally all applicable state and local transfer taxes. 9. Casualty Insurance. Purchaser shall, at it's expense, insure the premises against fire by policy or policies of insurance with extended coverage in the amount of not less than the unpaid balance of the purchase price set forth in this Agreement. Such insurance policy shall be properly endorsed to show the interest of the Seller. The Seller shall also be permitted to insure the said premises for its own account if they so desire. The Purchaser shall, on the date of this Agreement, provide to the Seller a duplicate policy evidencing such insurance and a proof of payment of the first annual premium thereon and, thereafter, Purchaser shall, within thirty (30) days after receipt of the same, pay in full the annual premium on such insurance and provide proof of such payment to the Seller. Failure to maintain said policy of insurance or pay said premium when due shall be considered a default of this Agreement. 10. Liability Insurance. Purchaser shall, at it's expense, maintain a policy of public liability insurance in the amount of '$60,000.00 insuring against death, injury cr property damage which may occur on or about the premises during the term of this Agreement in amounts acceptable to the Seller. Such insurance policy shall be properly endorsed to indicate that the Seller are the co-insureds thereon. Within fifteen (15) days after the date of this Agreement, the Purchaser shall provide evidence to the Seller of such insurance coverage and shall provide proof of payment of the first annual premium thereon and, thereafter, shall pay when due the annual premium thereon and provide proof of payment of the same to the Seller. Failure to maintain said policy of insurance or pay said premium when due shall be considered a default of this Agreement. 11. Leaal Title. The premises are being conveyed free and clear of all liens, encumbrances and easements, excepting the following: (a) MORTGAGE: None (b) Existing building restrictions, ordinances, easements of roads, privileges or rights of public service companies, if any, agreements or like matters of record, and easements or restrictions visible upon the ground; otherwise, the title to the de'scribed real estate shall be good and marketable, such as will be insured by a licensed title insurance company at regular rates. (c) Seller shall not mortgage or otherwise encumber the premises during the term of this Installment Sales Agreement. Seller further warrants that they will timely pay, as due, all payments under the Mortgage. In the event that Seller defaults under the Mortgage, Buyer reserves the right to make the monthly payments set forth in Paragraph(B) directly to the Mortgage holder. 'In the event Seller is unable to give a good and marketable title such as will be insured by a licensed title insurance company subject to the aforesaid, Purchaser shall have the option of taking such title as Seller can give, without abatement of price, except for liens and encumbrances liquidated as to amounts which shall be satisfied from proceeds due Seller or otherwise paid by Seller or being repaid all monies paid by Purchaser to Seller on account of the purchase price. In either event, there shall be no further liability to each other pursuant to this Agreement. 12. Maintenance and Repairs. Purchaser agrees that Purchaser, at Purchaser's own expense, will maintain the premises in a reasonable state of repair at all times and will not permit any waste or disrepair to occur. Purchase agrees to make any and all repairs which, from time to time, become necessary or are mandated by federal, state, county or municipal law, ordinance or code in effect now or may become effective in the future. 13. Improvements and Alterations. No major improvements or alterations shall be made to the premises without prior written .consent of Seller, which consent shall not be withheld unreasonably. Purchaser agrees that Seller or Seller's agent shall have the right, at all reasonable times of the day and upon reasonable notice under the circumstances, to enter the premises for the purpose of inspection to determine whether Purchaser has complied with the terms hereof. In the event of Purchaser's default as to the terms of this Agreement, any and all improvements and additions made to the subject premises shall be and remain a permanent part of the premises; they shall not be removed by Purchaser and Purchaser will not be entitled to any reimbursement therefor. Nevertheless, if .such improvements, alterations or additions were made without the written prior approval of Seller, Purchaser will remove the same within thirty {30) days upon written notice from Seller to do so. In the event of such notice to remove these items, Purchaser will repair the surface from which such improvements were removed in conformity with the surrounding surfaces. 14. Structural Chances. Any and all structural changes to be made to the premises by the Purchaser must have the same approval, and meet the same requirements as other improvements and alterations as above provided. In the event that such structural changes are to be made, Purchase shall secure a Stipulation Against Liens for such improvements and shall indemnify Seller from the imposition of mechanics' claims, mechanics' liens and encumbrances of any nature which might affect Seller's interest in the subject premises, except as otherwise may be agreed in writing. 15. Assianment or Sale. This Agreement may not be assigned by Purchaser without the prior written approval of Seller, nor may the premises be sold by Purchaser by means of an installment sales agreement or comparable document without the prior written approval .of Seller; provided that nothing contained in this paragraph shall be construed as a prohibition against the sale of the premises by Purchaser to a third party whereby Seller receive the full consideration stated hereinabove. In the event of such an "outright" sale, Seller agrees to execute (at no additional cost to Seller) all documents reasonably required to effect such a sale and conveyance. 16. Warranty as to Condition. Use or Occupancy. A. Seller make no warranties or representations concerning the condition of the Premises and Purchaser accepts the Premises in it's "as is" condition. Specifically, Purchaser acknowledges existing defects in the septic and water system of the Premises, releases and discharges Seller from all responsibility, claims, O~' damages for such defects, and specifically a%sumes sol~ responsibility for all costs and expenses needed to correct an~] repair the defects to the water and septic systel~. B. Seller warrants that present use of the premises are in conformity with federal, state and local laws relative to zoning, building and other laws, ordinances or codes. Seller makes ne warranty or representation as to the conformity of any future use or occupancy of the subject premises insofar as federal, state or local laws are concerned relative to zoning, building or other laws, ordinances or codes. In the event that Purchaser wishes to obtain approval of a change of use or occupancy, Seller agrees to cooperate to any reasonable degree in such application or request, providing all costs associated therewith shall be borne by Purchaser. Purchaser warrants that it shall abide by all federal, state and local laws relative to the use of the premises and shall commit no violation of health code regulations, zoning regulations or any other law or ordinances in effect with respect to the use .and occupancy of the premises. 17. ~. In the event of condemnation of the subject premises or any portion thereof by any governmental agency, public authority or utility prior to the payment of all the within obligations from Purchaser to Seller, the payment of damages for the "taking" shall be divided between the Purchaser and the Seller "as their respective interests then may appear". 18. ~[~-U3_t. Any failure of the Purchaser to make payment of any monthly payment required by this Agreement to be'paid to the Seller within thirty (30} days after the due date for such payment, or the performance of any act forbidden by this Agreement, or the failure to perform any act required by this Agreement shall constitute a default. If after written notice and failure to cure within fifteen (15) days of receipt of such notice Seller shall, in addition to having the right to exercise the rights and remedies set forth in paragraph 26 hereafter, retain any and all monies received under the provisions of this Agreement (whether on account of the purchase money or otherwise) as compensation for Purchaser's use and occupancy of the premises and as additional liquidated .damages for breach of this Agreement. 19. ~. In the event of any disagreement or misunderstanding, the terms of this Agreement shall be construed pursuant to the laws Of the Commonwealth of Pennsylvania in effect at the time of the execution hereof and as they may be amended subsequently. 6 20. Entire Acreement. This document contains the entire 'agreement between Purchaser and Seller; there are no representations, warranties, covenants, terms or conditions, except as specifically set forth herein. 21. Time of the Essence. Time shall be of the essence of this Agreement and all of its conditions or modifications. 22. W__~_~E_~Z. The failure of either party to insist upon strict enforcement of any provision of this Agreement shall not constitute a waiver of the right to enforcement of that provision or of any other provision.. 23. ~. No modification of this Agreement shall be binding unless same shall be in writing and duly approved by Seller and Purchaser. 24. Descriptive Headings. The descriptive headings used herein are for convenience only and they are not intended to indicate all of the matter in the sections which follow them. Accordingly, they have no effect whatsoever in determining the rights or obligations of the parties. 25. Gender and Number. The neuter gender where used herein shall be deemed to be masculine or feminine, and the singular number where used herein shall be deemed to be plural, wherever the sense of the instrument so requires; further, the masculine or feminine gender where used herein shall be deemed to be neuter, and the plural number where used herein shall be deemed to be singular, whenever the sense of the instrument so requires. 26. Confession of Judgment. In the event of a. default, as hereinbefore described in paragraph 18 hereof, the Seller shall have the right to declare the entire'unpaid principal balance of this Agreement, together with any interest then appearing due, to be due and payable forthwith, anything hereinbefore contained to the contrary notwithstanding. In such case of default, Purchaser hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere to appear for the Purchaser and confess a judgment for the entire principal sum and interest remaining unpaid thereon, with ten percent (10%) attorney's commissions or fees, hereby waiving the right of exemption and inquisition so far as the land herein described and any property or building thereof may be concerned. In addition thereto, the Seller, at Seller' option, among other remedies available to Seller, may proceed by action of ejectment or quiet title after default made as aforesaid for the recovery of said premises and reversion of the equitable title thereto; in which case, Purchaser hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere to appear for the Purchaser and confess judgment of ejectment or quiet title and authorize the immediate issuance of a writ of possession for the premises or for reversion of the equitable title thereto, and for a writ of execution for the costs of such proceedings, .together with ten percent (10%) attorney's commissions or fees, waiving all stay and exemption laws. 27. Reversion of Equitable TitlQ. Upon default of the Purchaser as hereinbefore described, any equitable title to the aforesaid premises, which the Purchaser may have acquired by virtue of the provisions of this Agreement, shall absolutely liquidate, forfeit and revert to the Seller. 28. N_~. Ail written notices as herein provided for shall be as follows: IF TO SELLER: with a copy to: IF TO PURCHASER: Kevin V. Anderson P.O. Box 474 Dillsburg, PA 17019 Francis M. Socha, Esquire 2201 North Second Street Harrisburg, PA 17110 Wayne E. Crawford 3481 Spring Road Carlisle, PA 17013 with a copy to: IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written, intending to be legally bound hereby. WITNESS: WITNESS: KEVIN V. ANDERSON (SEAL) (SEAL) CECELIA A. ANDERSON "SELLER" NE~. C~ORD ~" "PURCHASER" 9 COMMONWEALTH OF PENNSYLVANIA ) ) SS.: COUNTY OF DAUPHIN ) On this, the ~day of &~~ , 2000 before me, the undersigned officer, personall~ appeared, ~ and C ECELIA A. ANDERSON, known to me (or satisfactorily proven), to be the person whose names.are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I seal. CARRIE E. COOK. Notary Publio Harrisburg, DaUphin county MYCommiSsion Expire8 Aug. 8, 2002 have hereunto set my hand and official COMMONWEALTH OF PENNSYLVANIA ) ) SS.: COUNTY OF DAUPHIN ) On this, the~ay of ~~~/~, 2000, before me, the undersigned officer, personally appeared, ~ CRAWFOgD, known to me (or satisfactorily proven), to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, seal. NOTARIAL SEAL CARRIE ~. COOK, Notary Publl~: H(:rrlsburg, Dauphin County M,Y Commission Expires Aug. 8, 2002 I have hereunto set my hand and official Notary Public 10 ALL THOSE TWO CERTAIN tracts of land with the improvements thereon erected situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, the intersection of the center lines of the · highway leading from Carlisle to New Bloomfield (Route No. 34), and the public highway leading from Carlisle Springs to Enola (Route No. 944); thence by the center line of Route No. 34 South 38 degrees 16 minutes west, 142 feet, more or less, to a point in line of land now or formerly of Marshall E. Hurley; thence by said last named and the following courses and distances; South 30 degrees 9 minutes East, 2~.5 feet to Eastern line of said Route No. 34; thence North 38 degrees 16 minutes East, 16 feet to a point marked by a pole in Eastern line of said highway; thence South 6 degrees 42 minutes West, 25 feet to a point marked by post; thence South 30 degrees 9 minutes East, 39 feet to a point marked by iron pin; thence North 41 degrees 3 minutes East, 17 feet to a point marked by a point; thence by line of an existing fence, South 48 degrees 29 minutes East, 22.1 feet to a point marked by a fence and line of land of Peter Schuchman; thence by the last named lands the following courses and distances; North 36 degrees 36 minutes East by a fence line, 43 degrees to a post; thence continuing by said fence line, North 50 degrees 25 minutes West, 12.7 feet to a post; thence still by said fence line, North 39 degrees 2 minutes East, 17 feet; thence North 23 degrees 4 .minutes West~ 6.5 feet; thence North 30 degrees 28 minutes East 19.7 feet to a post; thence North 8 degrees 32 minutes East, 10.1 feet to a point; thence North 24 degrees 45 minutes East, 39.5 feet to the end of an existing stone wall; thence by the line of said stone wall, North 26 degrees 17 minutes East, 55 feet, more or less, to point in the center line of said road (Route No. 944); thence by the center line of said highway, North 84 degrees 52 minutes West, 53.5 feet, more or less, to the Place of BEGINNING. CONTAINING 43.5 perches, more or less, according to a survey made by Clark Bryan in January, 1948. ~EGINNING at a pin at corner of lands now or formerly of William W. Bickel, et ux, and Tract No. 1 herein, which pin is 40 feet, more or less, measured in a Southerly direction along lands now or formerly of William W. Bickel, et ux, from the Southern line of the public road; thence in an Easterly direction by other lands now or formerly of William W. Bickel, et ux, a distance of 22 feet to a stake; thence by the same in a Southerly direction and at right angles to the above-mentioned course, a distance of 129 .feet, more or less, to a stake; thence by lands of Tract No. 1 herein, in a Northwesterly direction, a distance of 131 feet, more or less, to a pin, the place of BEGINNING. JACKGAUGHEN DILLSBURG 717 4~2 2S68 KEVIN ANDERSON PROPERTIEs P.O. Box 474 Dillsbur§, PA 17019 P.02×02 February l9,2001 Wayne Crawford 3481 Spring Road Carlisle, PA 17013 Dear Wayne: As of today we have not received your mortgage ent F?b ..mary, and March w/Il be due ^,.~,, ._ _ paym for Sanuary or to us the 1" ofeach month, sh,,,,,~. ~, l~r your agreement, it is due I was willing to allow you to work offsome of the payments due by doing some work for me, but I have tried to reach you many ~imes and cannot reach you with the number you gave me. .As this point, I do not see any alternative but to proceed With foreclosure, I have instructed my attorney to proceed with this acffon. Sincerely, Kevin Anderson TOTAL P.02 KEVIN V. ANDERSON and : CECELIA A. ANDERSON, his wife,: Plaintiff : WAYNE E. CRAWFORD, : Defendant : CIVIL ACTION - LAW IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CO~SSION OF JUDGMENT FOR EJECT~ENT TO THE PROTHONOTARY OF SAID COURT: Pursuant to the authority contained in the warrant of attorney, the original or copy of which is attached to the complaint filed in this action, I, Francis M. Socha, Esquire, appear for the Defendant and confess judgment in ejectment in favor of the Plaintiff and against the Defendant for possession of the property known as 3481 Spring Road, Carlisle, Cumberland County, Pennsylvania. Respectfully submitted, Fr,~-~. Esquire So'ha, f I.D. No. 29101 2201 North Second Street Harrisburg, PA 17110 (717) 233-4141 SHERIFF'S RETURN - REGULAR CASE NO: 2001-01592 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ANDERSON KEVIN V ET AL VS CRAWFORD WAYNE E WILLIAM DIEHL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within CONFESSION OF JUDGEMENT was served upon CRAWFORD WAYNE E the DEFENDANT , at 0008:52 HOURS, at 3481 SPRING ROAD CARLISLE, PA 17013 WAYNE E. CRAWFORD a true and attested copy of FOR EJECTMENT & COMPLAINT on the 23rd day of March , 2001 by }landing to CONPESSION OF JUDGEMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this .~9 ~ day of ~ ~0! A.D. ~ Prothonotary ' SO Answe~rs~, ~,F~ 3~ R. Thomas Kline 03/23/2001 FRANCIS M. By: SOCHA KEVIN V. ANDERSON and : CECELIA A. ANDERSON, his wife,: Plaintiff : v. : NO. 01--1592 WAYNE E. CRAWFORD, : Defendant : CIVIL ACTION - LAW IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA TO THE PROTHONOTARY: PRA~CIPE FOR WRIT OF POSS]ZSSION Please issue a Writ of Possession in favor of the Plaintiff and against the Defendant in the above-captioned action for the property located at 3481 Spring Road, Carlisle, Middlesex Township, Cumberland County, Pennsylvania. Date: May 2, 2001 Respectfully submitted, 2201 North Second Street Harrisburg, PA 17110 (717) 233-4141 Attorney for Plaintiffs By virtue of this writ, on the 26 th day of July I caused the within named Kevin V. Anderson and Cecelia A. Anderson , to have possession of the premises described **8l~l~t~;{e~cm:~l~aml~ a t 3481 Spring Rd., Carlisle, Cumberland County, PA 17013. THIS WHIT IS RETURNED STAYED. 2001 Sheriff's Costs: Docketing $18.00 Poundage 1.33 Prothonotary 1.00 Service 7.62 Pcsscssion 30.00 Surcharge 10.00 $67.95 Advance Costs: $150.00 Sheriff's Costs: 67.95 $ 8~05 Refund to atty on 7/30/01 Sworn and subscribed to before me this day of / / Prothonotary By ~_?~5 /_..~/ Deputy /1,/77o WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) Kevin V. Anderson and Cecelia A. Anderson, his wife vs. Wayne E. Crawford 3481 Spring Road Carlisle, PA 17013 No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 0t-1592 Civil Term Costs Term Att'y. $ 69.60 Pl'ff (s) $ Prothy. $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to:' Kevin V. Anderson and Cecelia A. Anderson, his wife Plaintiff (s) being: (Premises as follows): 3481 Spring Road Carlisle, PA 17013 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Date blay 3, 2001 (SEAL) Curtis R. Long Pmlhonotau, Comanon Pleas Court of Cumberland County, Pennsylvania . ..... Deputy