HomeMy WebLinkAbout04-4857
CHARLES D, EWING and
CHARLES B. EWING, Plaintiffs
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKETNO.d\-- 4PS7 Civi.tT~
CIVIL ACTION - ACTION IN EJECTMENT
KATHRYN M. YEOMAN, Defendant
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 TIlE OFFICE SET FORTIl 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 TIlAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
A VISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que
se presentan rru\s adelanle en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinle (20)
dias despues de la notificaci6n de esta Demanda y A viso radicando personalmente 0 por medio de un
abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las
demandas presentadas aqui en contra suya. Se Ie advierte de que si usled falla de tomar acci6n como se
describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada
en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en
contra suya por la Corte sin rru\s aviso adicional. Usted puede perder dinero 0 propiedad 0 otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA. EST A OFICINA
PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE
EST A OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN
SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street, Carlisle, PA 17013
(717) 249-3166
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKETNO. C>Y-4PS'l {!,d..tT~
CIVIL ACTION - ACTION IN EJECTMENT
CHARLES D. EWING and
CHARLES B. EWING, Plaintiffs
KATHRYN M. YEOMAN, Defendant
COMPLAINT IN CIVIL ACTION IN EJECTMENT
Plaintiffs, Charles D. Ewing and Charles B. Ewing, by the firm of Saidis, Shuff, Flower
& Lindsay, P.C., in the person of Matthew J. Eshelman, Esquire, brings the following Action in
Ejectment pursuant to Pa. R.C.P. No. 1051 et seq., and in support thereof, avers in the following
Complaint:
COUNT I-EJECTMENT
I, Plaintiffs, Charles D. Ewing and Charles B. Ewing, are the owners of record, as
tenants in common, of a parcel of real estate having erected thereon a single-story residential
dwelling known and numbered as 512 Terrace Drive, in the borough of New Cumberland,
Cumberland County, Pennsylvania 17070 (the "Property"), as more particularly described in the
Legal Description and the Abstract of Title attached hereto as Exhibit "A" and incorporated
herein by reference.
2, Defendant Kathryn M. Yeoman is an adult individual, residing at and in possession of
the Property.
3. On March 20, 2000, Plaintiffs entered into an Installment Sales Agreement (the
"Agreement") with the Defendant and her now deceased husband, Timothy A. Yeoman, whereby
the Plaintiffs were to selllhe Property to lhe Defendant for the sum of$71,000,OO, A true and
correct copy of the Agreement is attached hereto as Exhibit "B" and incorporated herein by
reference.
4. The Agreement obligates the Defendant to make monthly payments of $439.60, as
more particularly set forth in Paragraph I of Exhibit "B."
5. The Defendant has failed to make all monthly payments as and when due under the
terms and conditions of the Agreement. See, e.g., a check returned for Non-Sufficient Funds
attached hereto as Exhibit "c" and incorporated herein by reference.
6. The Agreement obligates the Defendant to pay all water, sewer and municipal
assessment claims as and when the became due and payable, as more particularly sel forth in
Paragraph 4 of the Agreement. It further provides that failure to pay the same, or reimburse
Plaintiffs therefor, within six months of the due date, constitutes a default of the Agreement.
7. The Defendant failed to pay sewer and trash fees due August 2003 to the
municipality, and later advance by the Plaintiffs, in the amount of$167.97, despite demand
therefor. See Notice of Intention to Foreclose Agreement of Sale dated February 4,2004, a copy
of which is attached hereto as Exhibit "D" and incorporaled herein by reference.
S, The Agreement obligates the Defendant to maintain fire, casualty insurance which
specifically insures the Plaintiffs, as more particularly described in Paragraph 7 of the
Agreement.
9. The Defendant failed to keep the property insured, and premiums to pay the same
were advanced by the Plaintiffs at a cost of$412.00, which Defendant has failed to reimburse
despite demand therefor. See Exhibit "D."
10. The Agreement provides that failure to perform any act as required by the Agreement
may constitute a default at the option of the Plaintiffs, provided thirty days' written notice and
opportunity to cure the default is given to the Defendant.
II. A second, written notice of default was sent to Defendant by certified letter dated
May 3,2004, and received at the Property on May 4,2004. A true and correct copy of the letter
is attached hereto as Exhibit "E" and of the certified mail receipt attached as Exhibit "F" each of
which is incorporated herein by reference.
12. Defendant has failed and refused to timely cure the defaults of which she was notified
by Plaintiffs' letters of February 4,2004, and May 3,2004.
13. Plainliffs hereby declare Defendant to be in default of the Agreement and demand
that Defendant vacate and surrender possession of the Property to the Plaintiffs.
WHEREFORE, Plaintiffs requesl that this Court enter judgment in favor of Plaintiffs and
against Defendant Kathryn M. Yeoman for possession of the Property known and numbered as
512 Terrace Drive, New Cumberland, Pennsylvania, and such other relief as the Court may deem
appropriate.
COUNT II - LOSS OF RENTAL INCOME AND RETURN OF ADVANCED EXPENSES
14. Paragraphs 1-13 inclusive are incorporated herein by reference as though here set
forth at length.
IS. Plaintiffs claim liquidated damages in an amount equal to any and all moneys already
paid to and received by the Plaintiffs under the Agreement as compensation for the Defendant's
use and occupancy of the Property.
16, Plaintiffs claim reimbursement for moneys advanced for the payment of municipal
liens ($167.97) and property insurance ($412.00).
17, Plaintiffs have incurred attorneys fees in an amount less than 5% of the balance due
under the Agreement, demand for which is hereby made in the amount of $1 ,500.00 plus costs.
WHEREFORE, Plaintiffs request that this Court enter judgment in favor of Plaintiffs and
against Defendant Kathryn M. Yeoman in the amount of$2,079.97, plus costs and interest on the
judgment, and such other relief as the Court may deem appropriate,
Date: September 13, 2004
Respectfully submitted,
SATDIS,/s..J 1. L:& LINDSAY
B~ ) .
Ma-:thew J. Eshelman, Esquire ill #72655
2109 Market Street, Camp Hill, PA 17011
(717) 737-3405 (fax) 737-3407
Attorneys for Plaintiffs
SEP 0 2 2004
CHARLES D. EWING and
CHARLES B, EWING, Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
DOCKET NO,
KATHRYN M. YEOMAN, Defendant
CIVIL ACTION - ACTION IN EJECTMENT
VERIFICATION
We, Charles D. Ewing and Charles B. Ewing, hereby verify that the statements made in the
foregoing Complaint are true and correct to the best of our information, knowledge and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa, C,S. Section
4904, relating to unsworn falsification to authorities.
Date:
g ( ,I (j~
C ~'h;le~ EWr;- 'C
Date:
Cl(,/oVf
c~"
Charles B. EWin~
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..os 2BB 25th day of ~uly in the year nineteen hundred ninety-five
(1995).
iROMAINE K. STRICXLBR J deceased, by her Executor f
~ 'l'BD STRICKr.~, JR. f CuJllberland county,
jPenIUiYlVani;a, ,hereina.fter referred to as f1Grantor"
CHAJlL3S B. EWING and CHARLES D. EWING, as tenants: in
common, of ~umberland County. Pennsylvania, herein~fter,
referred to' its -Grantees"
~~ . 'Chat in consideration ot the sum of Forty Nine Thousand
($49,OOO~DD) Dollarscin hand paid, the receipt whereof is nereby
aCknowledg~d. the s8~d Grantors do granL And convey 1n fee simple
to said Gr.nteas their heirs and d$signs.
ALL THAT ~AIN tract or parcel of ground situate in the Borough
ot New t;u.m.rland, CUIlberland' county, pennsylvania, more
particul..rly hounded land describ8l::l according to survey of D.P.
Raffansper9'er. ReqiGtere:d Surveyor~. dated May 12, 1955, as follows,
to wit: "
BB'l'WEEN
AND
BiiGINN.l:NG at point on the Southern side of ll'errace Orive S90. OJ
feet East ~f the Sou~e,st corner of the intersection of Terrace
Drive and ~len street, qlso at the,dividing line between Lots Nos.
32 and JJ, "Blook C on: hereinafter .erttionad Plan ot Lots; thence
Eastwardly :.1009 the Sori~ern sids ot Terrace Drive 60 feet to B
paint at the dividing lin~ between Lots NOs. 33 and 34, Bloc~ C on
said Plan; !,the~c8 Southwardly along the same at right angles to
Terrace Driye 110 fast'to a point at the dividing line between LOts
Hos. 13 and: 33, Block C On said Plan; thence WestwardlY along the
sa.. 60 f.~ to B point at t~e dividing line between Lots Nos. 32
an~ 33, Bl~k e'on said Plan; thehee Northwardly along the same at
right anqle~ to. Terrace Drive 110 feet to a point, the Place of
BEGINNING. 1
:
BEING Lot N*. 33, Block C on Plan of 9i~pson Terrace Addition No.
1 to Porretst Hi 115 recorded in Plan BOok 4.. paqe 109, Cumberl~nd
County Reco:r:c1S.
HAVING therfon e~ectedc one story fr~e dwellihq house known as
No. 512 Terrace Drive.
,
AND BEING tIle &.lIe premis~& which ROKA:tXE ". STRICKLER Bnd ALFR.ED
TED STRICl<Llm, .JR. qy h~er deed dated JUly 25. 1995 and recorded in
the OtUCe o~ 'the ReeorQe:r;' of DBed$ in and tor CUlDberland Cotmty in
Deed Boolc., ~;-uta8 125. .,t page 970, granted and conveyed unto
ROKADIE K~ S.t~cKL!R- ROMAIN.! II. S'1"iJ.IClCLER died on August 9 r 1995,
thus vestinq, T1 tIe in ~heEstate of Rbuine M_ Stric;kler who i 6 tl\e
qrantoJ:;' hsr.un. '
IIO!J/, US fA~f ft7
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Exhibit "A"
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~ the said G~aPtor hereby, covenants and aqrees that they will
warrant generally the property hereby conveyed.
:or,II.I.~~, said grantor has hereunto set his hand and seal
the day' and year ;first aboVe- written.
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Executor of the Estate of
Roaaine H. Strickler
COIOCONllEALTH OF P~HHSYLVAN.n.
SS.
COlJNTY OF CUKBEQLARD
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on th.i.s, the ~_-'- 'd.a.y of October, 1.995. before llIe" a
notary public in and for thecopnty ot en_berland, COQonwflllIltb of
Ptmnsyl'\r8nia, th~ undersign.d~, personally appeared Alfred Ted
Str1ckler, Jr., Executor Of:tJ\e Estate Qf Romaine M. Strickler.
,known to .8 (or sa;tisfactor11,y proV8Jl) to,.be the person whose name
is subsct'1bed to ~he within fnstrument, and acknowledged that they
e:acecuted the swne r:for the purposes therein contained.
'. IN WITNESS IIHBRBOF II I h~eunto set my hand and official seul.
~fIl:' j ,~=.~~': .: N~lL j) /
_~.-:'\: by certify that the preC1ZreSldence and complete
it ~ _..' I, 'I'!~ ~-- "rireSF of the w!t:hj;n named qrantefals is 2501 Hill >>.cae!.
~ ,< ,PA' 11055. r;:;S-t.. ' J. I?-
Ay~ Grantor~ant.ee
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INSTALLMENT AGREEMENT OF SALE
THIS AGREEMENT made as of the 20th day of March, 2000 by
and between Charles D. Ewing and Charles B. Ewing, hereinafter
referred to as "seller" and Timothy A. Yeoman and Kathryn M.
Yeoman, his wife, hereinafter referred to as "buyer," WITNESSETH:
THAT, in consideration of the mutual covenants and agree-
ments hereinafter contained, seller agrees to sell and convey,
and buyer agrees to purchase,
ALL that certain tract or parcel of land, together with the
improvements erected thereon, as more particularly described on
Exhibit ~K' attached hereto and made apart hereof, upon the
following terms and conditions:
1. CONSIDERATION - The purchase price to be paid by
buyer shall be the sum of $71,000.00, to be paid as follows:
A. $25,000.00 in cash at the signing and delivery
of this agreement, the receipt whereof is hereby acknowledged;
B. The balance of $46,000.00, together with
interest at the rate of %8.0 per annum shall be due and payable
within fifteen (15) years from the date hereof. Commencing on
the 21st day of April, 2000, and thereafter on the 21st day of
each month, buyer shall make payments of $439.60 to be applied
first to interest as aforesaid and the balance to principal until
both principal and interest have been fully paid. Nothing herein
contained shall alter or affect the maturity date of this
agreement.
Exhibit "B"
1
2. PREPAYMENT - Buyer shall have the right to prepay
all or any part of the unpaid principal balance, without penalty
for such prepayme,nt, at any time and from time to time on any
regular installment due date, together with interest on such
prepayment to the date of payment. At the time of payment in
full, together with interest as aforesaid, buyer shall be enti-
tled to receive title to the subject premises from seller, and
seller shall be obligated to convey title to the subject premises
to buyer in the manner set forth hereinafter in Paragraph 9.'
3 . APPORTIONMENT OF REAL ESTATE TAXES, RENTS AND
EXPENSES - Local real estate taxes shall be apportioned on a
fiscal year basis to the date of execution of this agreement.
Rents, interest on mortgage assumptions, water rents, sewer
rents, refuse charges and municipal assessments will be appor-
tioned, pro-rata, as of the date of execution hereof. Thereaf-
ter/ buyer will pay all annual real estate taxes and shall
furnish proof thereof to seller.
4. FUTURE WATER, SEWER AND ALL MUNICIPAL ASSESSMENTS
AND CLAIMS All water, sewer and municipal assessment and claims
accruing from the date of execution hereof shall be paid by buyer
when and as the same shall become due and payable. Failure of
buyer to make such payments on the current basis shall give
seller the option to make payment of the delinquent rents or
charges and to add the amounts paid, with interest or penalties
plus a 5% accommodation charge, to the payments otherwise re-
quired by this agreement. Failure of buyer to submit such rents,
assessments or charges to proper authority or to seller herein
within six (6) months after the due date stated on the appropri-
ate billing shall constitute default on the part of buyer under
this agreement.
5. TRANSFER TAXES - Seller shall pay all state realty
transfer taxes calculated on the agreed consideration at the rate
applicable on the date of this agreement; buyer shall pay any
local transfer tax, any documentary tax, and any increases in the
rate of the state tax from that existing at the date of this
agreement. Said conveyance stamps and taxes shall be furnished
or paid for at the time of delivery of the deed.
6. POSSESSION AND OCCUPANCY - Buyer shall be entitled
to possession at the time of settlement upon execution of this
agreement and the payment of any moneys required at the time oft
or prior to, settlement; subject, however, to the rights of any
tenants or lessees of the premises. If tenant occupied, seller
agrees to assign existing leases, if any/ and all rights of
seller to buyer at the time of settlement. Seller will not enter
into any new leases or written extensions of existing leases, if
any/ without the express written consent of buyer.
2
7. FIRE, CASUALTY AND LIABILITY INSURANCE - Buyer
shall obtain a policy of fire insurance with extended coverage
provisions from a responsible fire insurance company acceptable
to seller in an original ,amount of not less than $46,000.00, but
in no case less than the balance due on the stated consideration
hereof after the deduction of the down payment provided above.
Said insurance policy shall specifically insure buyer and seller
"as their respective interests may appear." The original copy of
the policy shall be delivered to seller.
Buyer, at buyer's expense, shall maintain general
liability insurance in the amount of at least $100,000.00 for
accident, injury or death to persons or property relating to the
premises described herein, and seller shall be named as an
additional insured thereon.
8. RECORDING - This agreement may be filed of record
in any public office, as appropriate.
9. LEGAL TITLE - Upon payment in full, seller, their
heirs and assigns, is obligated to convey to buyer, their heirs
and assigns, legal title to the premises free and clear of all
liens, encumbrances and easements, excepting the following:
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 described real estate shall be good and marketable, such as
will be insured by a licensed title insurance company at regular
rates. Legal title shall be conveyed by fee simple deed with a
special warranty.
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, buyer shall have the
option of taking such title as seller can give, without abatement
of price, or of being repaid all moneys paid by buyer to seller
on account of the purchase price, together with such reasonable
costs of searching the title as buyer may have incurred. In the
latter event, there shall be no further liability or obligation
as to either party concerning this agreement which thereafter
shall be null and void. Buyer shall be entitled to recover the
aforesaid costs of title search only if buyer obtained an attor-
ney's opinion of condition of title and notified seller of any
objections within thirty (30) days after date hereof.
3
10. MAXNTENANCE ANDREPAXRS - Buyer agrees that buyer,
at buyer's own expense, will maintain the premises in a reason-
able state of repair at all times and will not permit any waste
or disrepair to occur. Buyer 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.
11.XMPROVEMENTS AND ALTERATXONS - No major improve-
ments or alterations shall be made to the premises without the
prior written consent of seller, which consent shall not be
withheld unreasonably. Buyer agrees that seller or seller's
agents 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 buyer
has complied with the terms hereof.
In the event of buyer'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 buyer and buyer will not
be entitled to any reimbursement therefor; nevertheless, if such
improvements, alterations or additions were made without the
written prior approval of seller, buyer will remove same within
thirty (30) days, upon written notice from seller so to do. In
the event of such notice to remove these items, buyer will repair
the surfaces from which such improvements were removed in confor-
mity with the surrounding surfaces.
12. STRUCTURAL CHANGES - Any and all structural
changes to be made to the premise by the buyer 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, buyer shall indemnify seller from the
imposition of mechanics' claims, mechanics' liens, and encum-
brances of any nature which might affect seller's interest in the
subject premises, except as otherwise may be agreed in writing.
13. ASSXGNMENT OR SALE - This agreement may not be
assigned by buyer without the prior written approval of seller,
nor may the premises be sold by buyer 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 buyer to a third party whereby seller receives
the full consideration stated in Paragraph 1 herein. 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 or conveyance.
4
In the event of such conveyance or sale, seller
and buyer agree to divide the cost of the seller's conveyance
stamps, but, in no event, shall the obligation of seller herein
for such conveyance stamps be greater than seller's obligation
for conveyance stamps as hereinabove provided.
14. WARRANTY AS TO CONDITION, USE OR OCCUPANCY -
The premis,es are being sold in "as is" condition and it is
understood that buyer has inspected the property or hereby waives
the right to do so, and that buyer has agreed to purchase the
property as the result of buyer's inspection and not because of
or in reliance on any representation made by the seller or
seller's agent. Seller makes no 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 buyer 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 buyer.
15. CONDEMNATION - 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 buyer to seller, the payment of
damages for the "taking" shall be divided between the buyer and
the seller "as their respective interests then may appear."
16. DEFAULT - Any failure of the buyer to make payment
of any moneys required by this agreement within thirty (30) days
after the due date for such payment, or any acts, or the perfor-
mance of any act forbidden by this agreement, or the failure to
perform any act required by this agreement, may constitute a
default, at the option of seller. In the case of default by
buyer, seller shall retain any and all moneys received under the
provisions of this agreement (whether on account of purchase
money or otherwise) as compensation for buyer's use and occupancy
of said premises.
17. CONFESSION OF JUDGMENT - In the event of default
of payment of any sum of principal or interest herein agreed to
be paid for the space of thirty (30) days after the same shall
become due and payable by the terms hereof, or the breach of any
other of the terms of this agreement, the whole of said principal
sum, at the option of seller, shall become due and payable
forthwith, anything hereinbefore contained to the contrary
notwithstanding. In such case of default, buyer hereby author-
izes and empowers any attorney of any court of record in the
Commonwealth of Pennsylvania or elsewhere to appear for buyer and
confess a judgment for the entire principal sum and interest
remaining unpaid hereon, with 5% attorney's commission or fees,
5
hereby waiving the right of exemption and inquisition, so far as
the land herein described, and any property or building thereon
may be concerned. Said seller, at seller's option, among other
remedies available to seller, may proceed by Action of Ejectment
on this agreement after default made as aforesaid for the recov-
ery of said premises; in such case, buyer hereby authorizes and
empowers any attorney of any court of record in the Commonwealth
of Pennsylvania, or elsewhere, to appear for buyer and confess
judgment of ejectment, and authorizes the immediate issuing of a
Writ of Possession and Execution (without asking leave or court)
for the costs and 5% attorney's commission or fees, waiving all
stay and exemption laws. '
Prior to the entry of judgment by confession or the
filing of an action of ejectment, seller shall give to buyer
written notice of default and seller's intention to proceed by
legal action, which notice shall provide a period of thirty (30)
days during which the buyer can correct the default.
18. RIGHT OF BUYER TO PAY LIENS -
A. Notice - Notice of the entry of any mortgage,
judgment, lien or other encumbrance affecting title to said
premises received by the seller after the date of the execution
of this agreement shall be given by the seller to the buyer
within thirty (30) days of the recording thereof in the County
Court House.
B. Delinquent Payments - In the event any
mortgage, judgment, lien or other encumbrance affecting title to
the premises existing at the date of the execution of this
agreement or hereafter entered of record and default in the
payment is made by the seller, then buyer shall have the right to
make the delinquent payments and to receive credit for the full
amount of said payments made by the buyer and to deduct the
amount thereof from the required monthly payments under this
agreement. Prior to exercising the rights stated in this
paragraph, buyer shall give seller 48 hours notice by certified
mail of his intent to do so, but this provision shall not limit
buyer's right to make the delinquent payments and to claim credit
therefor.
19. APPLICABLE LAW - In the event of any disagreement
or misunderstanding, the terms of this agreement shall be con-
strued 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.
20. ENTIRE AGREEMENT - This document contains the
entire agreement between buyer and seller; there are no represen-
tations, warranties, covenants, terms or conditions, except as
specifically set forth herein.
6
21. TIME IS OF THE ESSENCE - It is the agreement of
the parties hereto that time shall be of the essence.
22. BINDING AGREEMENT - This agreement shall extend to
and be legally binding upon the parties, their respective heirs,
executors, administrators and assigns.
23. WAIVER - The failure of either party to insist
upon strict enforcement of any provisions of this agreement shall
not constitute a waiver of the right to enforcement of that
provision or of any other provision.
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.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written.
WITNESS:
~- P/~
{f" u t- UL
(SEAL)
Yeoman
tW^7.J.T1J...... fJrI. IZ{~ J (SEAL)
J'^"-""'/K}fh~ M{7f~
Yeoman
7
COMMONWEALTH OF PENNSYLVANIA)
COUNTY
OF
CUMBERLAND)
On this, the .z tJrr'- day of lntv. H.J
2000, before me, a notary public, the undersigned officer,
personally appeared Charles D. Ewing and Charles B. Ewing, known
to me (or satisfactorily proven) to be the persons whose names
are subscribed to the within instrument, and acknowledged that
they executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal.
/~p~1flr
Sholb L ViNolaria, Soal
Cam o~ . Ingling N
M P Hili Boro C ' Olary PUblic
y Commission' Ex~mborland County
Membe, PennsYlvania "OSApriIB, 2000
4sS0r./MI...n ^~ ~I t
,.., ?~JD~
COMMONWEALTH OF PENNSYLVANIA)
COUNTY
OF
CUMBERLAND)
On this, the d o..-L
2000, before me, a notary public, the undersigned officer"
personally appeared Timothy Yeoman and Kathryn M. Yeoman~ known
to me (or satisfactorily proven) to be the persons whose names
are subscribed to the within instrument, and acknowledged that
they executed the same for the purpose therein contained.
day of
>-n~c.-Z
,
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal.
Shelb L ~otarla' Se.,
Camp~/Sor~~~I@
My ~'&pjf.APf/I
.....,.~1.. ~ ..
, ~";"";'S.'l"...
,,~,~-
~Not~t:I~
8
ALL THAT CERTAIN tract or parcel of ground situate in the Borough of New
Cumberland, Cumberland County, Pennsylvania, more particularly bounded and
described according to survey of D. P. Raffensperger, Registered Surveyor,
dated May 12, 1955, as follows, to wit:
BEGINNrNG at point on the Southern side of Terrace Drive 590.03 feet East of
the Southeast corner of the intersection of Terrace Drive and Allen Street,
also at the dividing line between Lots Nos. 32 and 33, Block C on hereinafter
mentioned Plan of Lots; thence Eastwardly along the Southern side of Terrace
Drive 60 feet to a point at the dividing line between Lots Nos. 33 and 34,
Block C on said Plan; thence Southwardly along the same at right angles to
Terrace Drive 110 feet to a point at the dividing line between Lots Nos. 13
and 33, Block C on said Plan; thence Westwardly along the same 60 feet to a
point at the dividing line between Lots Nos. 32 and 33, Block C on said Plan;
thence Northwardly along the same at right angles to Terrace Drive 110 feet
to a point, the Place of BEGINNING.
BEING Lot No. 33, Block C on Plan of Simpson Terrace Addition No. 1 to
Forrest Hills recorded in Plan Book 4, page 109, Cumberland County Records.
HAVING thereon erected a one story frame dwelling house known as No. 512
Terrace Drive.
EXHIBIT "A"
:\
,1
J
,P..::f/30j ~o(;.v
I 338
KATHRYN-YEOMAN '\
,512 TERRACE DR '7' --30- 'JC)()Y '.76151360
-,:;:;NEW CUMBERLAND PA 17070 "Date,,' , ex 1 j. 290
n _ & r:,,-r,uRfJED BY CITIZENS BANK '
Paytotbe ~~,-' I ICATEDBEL,!'^I $ ~3cr t,.C>
~~1f' ~ u ~,~ 'C p," 'Yl0-#iJ,llm In =a:-
a ' 0 ACCOUNT CLOS
f.. ClTI~ENS BANK 0 ENOORSEME '
PennsvJva , p OTt{ER
r:
I.
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1;2001.2251;7,,1
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-----..--..,,---------.._----- .._-"----~~----_..- .----.----------------
ADVICE FOR UNPAID DEPOSITED ITEMS
MARYJANE0608042-329 ACCT. NO. 361935460-0
OFFICE/BRANCH: 52/52 ACCOUNT TYPE: DEMAND DEPOSIT
THE FOLLOWING ITEMS HAVE BEEN RETURNED.
WE ARE CHARGING YOUR ACCOUNT FOR ITEMS RETURNED # ITEMS:
UNPAID AS LISTED HEREIN. A HANDLING FEE OF $10.00 PER :~~:r:
ITEM HAS BEEN CHARGED TO YOUR ACCOUNT. ToTAL:
Reason: NSF
Page 1 of 1
08/06/2004
1
$439.60
$10.00
$449.60
CHARLES D EWING OR
CHARLES B EWING
831 LIMEKILN RD
NEW CUMBERLAND PA 17070-2318
FULTON BANK
1695 STATE STREET
EAST PETERSBURG PA 17520
Exh:Lbit "c"
, '
JOHN E. SUKE
ROBERT C. SAIDIS
GEOFFREY S, SHUFF
JAMES D, FLOWER,)R
CAROL). LINDSAY
MATIHEW), ESHElMANt
KIRK S. SOHONAGE
THOMAS E. FLOWER
LINDSAY GINGRICH MACLAY
jACLYNM.SMITH
LAW OFFICES
SAIDIS, SHUFF, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
2109 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011
TELEPHONE: (717) 737-3405 - FACSIMIlE: (717) 737-3407
EMAIL: attomey@ssfl-Iaw.com
www.ssfl-law.com
CARLISLE OFF1CE:
26W.HIGHSTREEr
CARJ:lSLE, P A 17013
TELEPHONE: (717)243-6=
FACSIMILE: (717)243-6486
tBDardClll1ifiedCrcditonl'
Rights RepreseRtation
REPLY TO CAMP HILL
February 4, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Kathryn M. Yeoman
512 Terrace Drive
New Cumberland, P A 17070
Re: Ewing to Yeoman
Dear Mrs. Yeoman:
I am enclosing a copy of a Notice of Intention for Foreclose the Agreement of Sale you
entered into with Charles D. Ewing and Charles B. Ewing for failure to comply with the terms of
the lnstallment Agreement. The Notice advises you of your legal rights pertaining to your
delinquency.
I suggest in order to avoid further problems with the payment of this obligation that you
arrange to payoff the full principal balance as we had discussed a year ago. Should you need
calculation of that balance, please give me a call.
Very truly yours,
SAIDIS, SHUFF, FLOWER & LINDSAY
()~ ~~
~ E. Slike
illS/sa
Enclosure
cc: Charles D. Ewing
Charles B. Ewing
Exhibit "D"
Notice of Intention to Foreclose Ae;reement of Sale
TO: Kathryn M. Yeoman
512 Terrace Drive
New Cumberland, P A 17070
Re: Agreement of Sale dated March 20,2000
Premises: 512 TeITace Drive, New Cumberland, P A 17070
Notice ofIntention to Foreclose:
The Agreement of Sale which you entered into with Charles D. Ewing and Charles B.
Ewing on March 20, 2003 relating to the premises located at 512 Terrace Drive, New
Cumberland, PAis in default for the following reasons:
1. Failure to pay your monthly payment through January 21, 2004 - $439.60
2. Failure to pay sewer and trash collection fees due August, 2003 - later paid by
seller by payment of$167.97
3.
$412,00.
Failure to keep property insured - premiums later paid by seller at a cost of
The total amount now required to cure this default or, in other words, to get caught up in
your payments to this date is $1,019.57.
You may cure this default within thirty (30) days of the date of this letter, by paying to us
the above amount of $1,019.57, plus any additional monthly payments and late charges which
may fall due during this period. Such payment must be made in the form of certified check,
cashier's check or money order, and made at 1425 Spangler Mill Road, Camp Hill, PA 17011.
If you do not cure the default within thirty (30) days, we intend to exercise our right to accelerate
the installment payments. This means that whatever is owing on the original amount borrowed
will be considered due immediately and you may lose the chance to payoff the purchase price in
monthly installments. If full payment of the amount of default is not made within thirty (30)
days, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged
property. If the installment agreement is foreclosed your mortgaged property will be sold by the
Sheriff to pay off the debt. Ifwe refer your case to our attorneys, but you cure the default before
they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees,
actually incurred, up to five percent (5%) of the amount due. Any attorney's fees will be added to
whatever you owe us, which may also include our reasonable costs. If you cure the default within
the thirty day period, you will not be required to pay attorney's fees.
We may also sue you personally for the unpaid principal balance and aU other SunlS due under
the agreement. If you have not cured the default within the thirty day period and foreclosure
proceedings have begun, you still have the right to cure the default and prevent the sale at any
time up to one hour before the Sheriff's foreclosure sale, You may do so by paying the total
amount of the unpaid monthly payments plus any late or other charges then due, as well as the
reasonable attorney's fees and costs connected with the foreclosure sale iI11d perfonn any other
requirements under the agreement. It is estimated that the eil1.liest date that such a Sheriff's sale
could be held would be approximately September 8, 2004, A notice of the date of the Sheriff sale
will be sent to you before the sale. Of course, the iI1nount needed to cure the default will increase
the longer you wait. You may fmd out at any time exactly what the required payment will be by
calling us at the following telephone number: (717) 761-6960.
This payment mnst be in cash, cashier's check, certified check or money order and made payable
to us at the address stated above.
You should realize that a Sheriff's sale will end your ownership of the property and your right to
remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be
started to evict you.
You have additional rights to help protect your interest in the property. YOU HA VB THE
RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE DEBT, OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS
DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY
SUBJECT TO THE DEBT TO A BUYER OR TRANSFEREE WHO WilL ASSUME THE
DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND
ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT
THE OTHER REQUIREMENTS UNDER THE AGREEMENT ARE SATISFIED. CONTACT
US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST.
YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THJRD PARTY
ACTING ON YOUR BEHALF.
If you cure the default, the installment agre=ent will be restored to the same position as if no
default had occurred. However, you are not entitled to this right to cure your default more than
three times in any calendar year.
(() e, ~-
\. -A tv c_ _, ~-:J-~
Charles D, Ewing
~v-- '-
r:.j/a4A._ ,{>, 8~
Charles B. Ewip:( j
NOTICE
under the FAIR. DEBT COLLECTION PRACTICES ACT and the
PENNSYLVANIA FAIR. CREDIT EXTENSION UNIFORMITY ACT
Pursuant to the federal Fair Debt Collection Practices Act and the Pennsylvania Fair Credit
Extension Uniformity Act, I am required to inform you that this letter is an attempt to collect a
debt and any information obtained will be used for that purpose.
If you dispute the validity of this debt, or any portion thereof, and you contact the undersigned
within thirty (30) days after receipt of this Notice, you will be furnished with written
verification of the debt.
If you do not dispute the debt or any portion thereof as stated above, the undersigned will
assume the debt is valid.
If the original creditor of this debt is different from the creditor stated on the front page of this
letter, the undersigned will provide you with the name and address of the original =ditor
upon written request from you within thirty (30) days of receipt of this notice.
Respectfully submitted,
Date: May 3, 2004
SAIDJS S OWER & LINDSAY
Il
By: \,~v )
Matthew J. Es elman, Esquire ill #72655
2109 Market S eet, Camp Hill, PA 17011
(717) 737-3405 (fax) 737-3407
Attorney for Charles D, & Charles B. Ewing
cc: Charles B. Ewing
"
Exhibit "E"
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
Date: May 3, 2004
This is an official notice that the mortgage on your home is in default, and the lender
intends to foreclose. Specific information about the nature of the default is provided in the
attached pages,
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able
to help to save your home. This Notice explains how the program works,
To see if REMAP can help, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take
this Notice with you when you meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving
your County are listed at the end of this Notice. If you have any questions, you may call the
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397, (persons with impaired
hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives
at the Consumer Credit Counseling Agency may be able to help explain it. You may also
want to contact an attorney in your area. The local bar association may be able to help you
find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA
SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYL VANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.
PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL
CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR
SU HIPOTECA.
HOMEOWNER'S NAME(S): Kathryn M. Yeoman
PROPERTY ADDRESS: 512 Terrace Drive, New Cumberland, PA 17070
LOAN ACCT, NO.: Installment Agreement of Sale dated March 20,2000
ORIGINAL LENDER: Charles D, Ewing and Charles B, Ewing
CURRENT LENDER/SERVICER: same
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGffiLE FOR FINANCIAL ASSISTANCE WHICH CAN
SA VB YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE
MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY
BE ELIGffiLE FOR EMERGENCY MORTGAGE ASSISTANCE:
. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES
BEYOND YOUR CONTROL,
. IF YOU HA VB A REASONABLE PROSPECT OF BEING ABLE TO PAY
YOUR MORTGAGE PAYMENTS, AND
. IF YOU MEET OTHER ELIGffiILITY REQUIREMENTS ESTABLISHED
BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE --Under the Act, you are entitled to a
temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this
Notice. During that time you must arrange and attend a "face-to- face" meeting with one of
the consumer credit counseling agencies listed at the end of this Notice.
THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT
APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING
YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW
TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES --If you meet with one of the
consumer credit counseling agencies listed at the end of this notice, the lender may NOT
take action against you for thirty (30) days after the date of this meeting. The names,
addresses and telephone numbers of designated consumer credit counseling agencies for the
county in which the property is located are set forth at the end of this Notice. It is only
necessary to schedule one face-to-face meeting. Advise your lender immediately of your
intentions.
APPLICATION FOR MORTGAGE ASSISTANCE --Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the
nature of your default.) If you have tried and are unable to resolve this problem with the
lender, you have the right to apply for financial assistance from the Homeowner's
Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a
completed Homeowner's Emergency Assistance Program Application with one of the
designated consumer credit counseling agencies listed at the end of this Notice. Only
consumer credit counseling agencies have applications for the program, and they will assist
you in submitting a complete application to the Pennsylvania Housing Finance Agency.
Your application MUST be filed or postmarked within thirty (30) days of your face-to-face
meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR
IF YOU DO NOT FOLLOW THE OTHER TIME PERlODS SET FORTH IN THIS
LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME
IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE
WILL BE DENIED.
AGENCY ACTION --Available funds for emergency mortgage assistance are very limited.
They will be disbursed by the Agency under the eligibility criteria established by the Act.
The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it
receives your application. During that time, no foreclosure proceedings will be pursued
against you if you have met the time requirements set forth above. You will be notified
directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply
for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your
property located at 512 Terrace Drive, New Cumberland, PA 17070 IS SERlOUSLY IN
DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the
following months: nla to date, and the following amounts are now past due
(exp1ainl itemize charges):
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if
not applicable ): Failure to pay sewer and trash fees due August 2003 andlor reimburse
Seller for forced municipal lien payment, $167.97; Failure to keep property insured and/or
reimburse Seller for forced placed insurance, $412.00; Legal costs $50.00.
HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30)
DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO
THE LENDER, WHICH IS $659.97 , PLUS ANY MORTGAGE PAYMENTS AND
LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY
PERIOD, Payments must be made either by cash, cashier's check, certified check or money
order made payable and sent to:
Charles D. Ewing and Charles B. Ewing
1425 Spanglers Mill Road
Camp Hill, PA 17011
You can cure any other default by taking the following action within THIRTY (30)
DAYS of the date of this letter: (Do not use ifnot applicable.) N/ A
IF YOU DO NOT CURE THE DEFAULT --If you do not cure the default within
THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to
accelerate the mortgage debt. This means that the entire outstanding balance of this debt
will be considered due immediately and you may lose the chance to pay the mortgage in
monthly installments. If full payment of the total amount past due is not made within
THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to
foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON --The mortgaged property will be sold
by the Sheriff to pay off the mortgage debt. If the lenderrefers your case to its attorneys, but
you cure the delinquency before the lender begins legal proceedings against you, you will
still be required to pay the reasonable attorney's fees that were actually incurred, up to
$50,00, However, if legal proceedings are started against you, you will have to pay all
reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any
attorney's fees will be added to the amount you owe the lender, which may also include
other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you
will not be required to pay attorney's fees.
OTHER LENDER REMEDIES --The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE --If you have not
cured the default within the THIRTY (30) DAY period and foreclosure proceedings have
begun, you still have the right to cure the default and prevent the sale at any time up to one
hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus
any late or other charges then due, reasonable attorney's fees and costs connected with the
foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing
by the lender and by performing any other requirements under the mortgage. Curing your
default in the manner set forth in this notice will restore your mortgage to the same position
as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE --It is estimated that the earliest date
that such a Sheriff's Sale of the mortgaged property could be held would be approximately
six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale
will be sent to you before the sale. Of course, the amount' needed to cure the default will
increase the longer you wait. You may find out at any time exactly what the required
payment or action will be by contacting the lender,
HOW TO CONTACT THE LENDER:
Charles B, Ewing
1425 Spanglers Mill Road
CampHill,PA 17011
(717) 761-6960
EFFECT OF SHERIFF'S SALE -Nou should realize that a Sheriff's Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in
the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -You _ mayor..:L may not (CHECK ONE) sell or
transfer your home to a buyer or transferee who will assume the mortgage debt, provided
that all the outstanding payments, charges and attorney's fees and costs are paid prior to or
at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER
LENDING INSTITUTION TO PAY OFF THIS DEBT.
. TO HAVE TIllS DEFAULT CURED BY ANY THIRD PARTY ACTING ON
YOUR BEHALF.
. TO HA VB THE MORTGAGE RESTORED TO THE SAME POSITION AS
IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT.
(HOWEVER, YOU DO NOT HA VB TillS RIGHT TO CURE YOUR
DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
. TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY
FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT
INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE
TO SUCH ACTION BY THE LENDER.
. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY:
(Fill in a list of all Counseling Agencies listed in Appendix C
forms\collections\cred cns1ing svcs.all cnties.App-C.doc
FOR THE COUNTY in which the property is located, using additional pages if necessary)
CUMBERLAND
Adams County Housing Authority
139-143 Carlisle St.
Gettysburg, PA 17325
(717) 334-1518
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Community Action Commission
of Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
Financial Counseling
SenncesofFranklin
43 Philadelphia Avenue
Waynesboro, PA 17268
(717) 762-3285
Loveship, Inc,
2320 North 5th Street
Harrisburg, PA 17110
(717) 232-2207
PHFA
2101 North Front Street
P. O. Box 15530
Harrisburg, PA 17105
(717) 780-3940
TDD for hearing impaired:
(717) 780-1869
Urban League of Metropolitan Hbg
2107 N, 6th Street
Harrisburg, PA 17101
(717) 234-5925
NOTICE
Pursuant to the Fair Debt Collection Practices Act, I am required to inform you that this letter
is an attempt to collect a debt and any information obtained will be used for that purpose.
Date: May 3, 2004
Resp<;qtblly stmi d,
SAID;J, SIh1', OWER & LINDSAY
By: JJ..~ \ -
Mattftew J. Eshelman, Esquire ID #72655
2109 Market Street, Camp Hill, PA 17011
(717) 737-3405 (fax) 737-3407
Attorneys for Charles D. & Charles B, Ewing
cc: Char1esB.E~g
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DoES NOT
PROVIDE FOR INSURANCE--PQSTMASTER
R'''''Safdis, Shuff, Flower & Lindsay
2109 Market Street
Camp Hill, P^ 17011
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(91), rifh'C'i_ :t:tff,
,Ai,,) (Qf1JlrR/4N1 1(1 /7070
/
PS Fonn 3817, January 2001
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I New Curnberland,PA 17070
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-04857 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
EWING CHARLES D ET AL
VS
YEOMAN KATHRYN M
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
YEOMAN KATHRYN M
the
DEFENDANT
, at 1904:00 HOURS, on the 29th day of September, 2004
at 512 TERRACE DRIVE
NEW CUMBERLAND, PA 17070
by handing to
WILLIAM WEIGLE, SON
a true and attested copy of COMPLAINT - EJECTMENT
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
12.58
.00
10.00
.00
40.58
.?"~~
,
R. Thomas Kline
09/30/2004
SAIDIS SHUFF
LINDSAY
Sworn and Subscribed to before By:
me this -.1e
@~ ~'1
day of
A.D.
fl. ~ ~ Q. (k<Jo;.., i OAt...
'----1"1'rothonotary ',. J
CHARLES D. EWING and
CHARLES B. EWING, Plaintiffs
IN THE COURT DF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
DOCKET NO.: 04-4857
KATHRYN M. YEOMAN, Defendant
CIVIL ACTION -- ACTION IN EJECTMENT
AND
CHARLES D. EWING and
CHARLES B. EWING, Plaintiffs
IN THE COURT DF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
DOCKET NO.: 04-4856
KATHRYN M. YEOMAN, Defendant
CIVIL ACTION -- ACTION TO QUIET TITLE
ORDER
AND NOW, this _ day of 20__, upon Motion of Plaintiffs
Charles D. Ewing and Charles B. Ewing, it is ordered that the above-captioned actions are
consolidated for purposes of discovery and trial.
BY THE COURT:
J.
CHARLES D. EWING and
CHARLES B. EWING, Plaintiffs
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
KATHRYN M. YEOMAN, Defendant
DOCKET NO,: 04-4857
CNIL ACTION - ACTION IN EJECTMENT
PREVIOUSLY ASSIGNED TO: N/A
Plaintiffs, Charles D. Ewing and Charles B, Ewing, by the finn of Saidis, Shuff, Flower
& Lindsay, P.C., in the person of Matthew J, Eshelman, Esquire, requests that the Court enter an
order under Pa. R.C.P. No. 213(a) consolidating the above-captioned action with another
pending action for purposes of trial and in support avers as follows:
PLAINTIFFS' MOTION FOR CONSOLIDATION
I. Plaintiffs commenced this action in ejectment against Defendant Kathryn M. Yeoman
on or about September 27, 2004, to the above-captioned tenn and number as to an installment
sales agreement declared to be in default by the Plaintiffs with nespect to a parcel of real estate
COmmonly known as 512 Terrace Drive, New Cumberland (the Property).
2. In their complaint in ejectment, plaintiffs allege that defendant failed to make all
monthly payments as and when due, failed to payor reimburse Plaintiffs for lienable municipal
utilities, and failed to payor reimburse Plaintiffs for property insur,ance premiums, all or some of
which constitute a default under an Agreement dated March 20, 2002, such that Plaintiffs are
entitled to retake sole possession of the Property.
3. Plaintiffs Simultaneously commenced an action to quiet title against Defendant
Kathryn M. Yeoman in this Court to the following tenn and number: 04-4856.
4, In their complaint to quiet title, plaintiffs allege that defendant failed to make all
monthly payments as and when due, failed to payor reimburse Plaintiffs for lienable municipal
utilities, and failed to payor reimburse Plaintiffs for property insurance premiums, all or some of
which constitute a default under an Agreement dated March 20, 2002, such that the Plaintiffs are
entitled to retake quiet title of the Property,
5. The above-captioned cases involve common questions of both law and fact, and
much, ifnot all, of the discovery and evidence presented in connection with one of the cases will
be equally applicable to the diScovery and trial of the other action, in that:
a. both cases involve alleged failures to abide by the terms and conditions of the
same installment sales agreement between the same parties;
b. any questions oflaw which may arise in botll actions would be identical;
c. the discovery required in both actions is identical for the most part;
d. only the relief sought in each action is differ<:nt.
6. Pa. R.c.P. No. 1055 ordinarily permits a plaintiff to join with an ejectment claim only
those causes of action arising from possession of the property. However, "[sJince ejectment lies
for possession of real property and damages for its detention, but not for breach of contract,
plaintiff must bring a separate civil action for accelerated rent [or other, contract-based claims J.
The actions may subsequently be consolidated for trial pursuant to Pa. R.C.P. No. 213." 13 Pa.
Forms (MB Dunlap-Hanna) ~ 192.05 (1999) available in LexisNiexis, Matthew Bender Online.
7. While possession appears to be a condition precedent to bringing an action to quiet
tille, it is submitted that evidence of ownership in a chain of title is sufficient 10 allow the Court
to administer discovery and trial of both actions, then to rule first upon the matter of ejectment,
followed by the matter of quiet title, Sines v. Packer, 316 Pa. Super 500,504-05,463 A.2d 475,
477-78 (1983).
WHEREFORE, Plainliffs request the Court enter a Rule upon Defendant Kathryn M.
Yeoman to show cause why the above-captioned actions should not be consolidated for trial and
discovery,
Respectfully submitted,
SAIDI
-
Date: October l f , 2004
By:
Matthew J. Eshelman, Esquire ID #72655
2109 Market Street, Camp Hill, P A 170 II
(717) 737-3405 (fax) 737-3407
Attorneys for Plaintiffs
CHARLES D. EWING and
CHARLES B. EWING, Plaintiffs
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
KATHRYN M. YEOMAN, Defendant
DOCKET NO,: 04-4857
CIVIL ACTION - ACTION IN EJECTMENT
CERT~;;F SERVICE
AND NOW, this ~ day of 2004, I, Matthew J. Eshelman, Esquire, of
the finn of Saidis, Shuff, Flower & Lindsay, P.c., hereby certify that I this day served a true and
correct copy of Plaintiffs' Motion to Consolidate Upon the Parties listed below in conjunction with
the Simultaneously filed Complaint in the above-captioned matter:
Kathryn M. Yeoman
512 Terrace Drive
New Cwnberland, P A 17070
By:
Matthew J. Eshelman, quire ID #72655
2109 Market Street, C p Hill, PA 17011
(717) 737-3405 (n) 737-3407
Attorneys for Plaintiffs
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CHARLES D. EWlNG and
CHARLES B. EWlNG, Plaintiffs
OCT 0 ,7 2004J
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLMID COUNTY, PENNSYL V ANlA
KATHRYN M. YEOMAN, Defendant
DOCKET NO,: 04-4857
CNIL ACTION - ACTION IN EJECTMENT
AND
CHARLES D. EWING and
CHARLES B. EWING, Plaintiffs
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERL~)COUNT~PENNSYLVANlA
KATHRYN M. YEOMAN, Defendant
DOCKET NO.: 04-4856
CNILACTION-ACTIONTOQUffiTTITLE
RULE TO SHOW CAUSE
AND NOW, this ~ day of fJ t + 20 ci.L upon Motion of Plaintiffs
,
Charles D. Ewing and Charles B. Ewing, a Rule is issued upon Defendant Kathryn M. Yeoman
to show cause why the above-captioned actions should not be consolidated for purposes of
discovery and trial.
Rule returnable within
:Jd
days of service. Service of the Rule is to be made
by the Plaintiffs at the time and in the manner original service of process of the Complaints in the
matters is made. All p!llcCe6tugs tv otu'y h.Gallwl~
0(, ;J'L00
BY THE COURT:
! IJ/._i?
J.
i-J, : " " ':'1 S" \J'J '\'j'Q?,
(.'
CHARLES D. EWING and
CHARLES B. EWING, Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
DOCKET NO.: 04-4857/
vs.
CIVIL ACTION - ACTION IN EJECTMENT
KATHRYN M. YEOMAN, Defendant
AND
CHARLES D. EWING and
CHARLES B. EWING, Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
DOCKET NO.: 04-4856
vs.
CIVIL ACTION - ACTION TO QUIET TITLE
KATHRYN M. YEOMAN, Defendant
CERTIFICATE OF SERVICE
AND NOW, this 19th day of October 2004, I, Matthew J. Eshelman, Esquire, of the firm of
Saidis, Shuff, Flower & Lindsay, P.C., hereby certify that a true and correct copy of the Rule to
Show Cause on Plaintiffs' Motion for Consolidation was served upon the Defendant on October 16,
2004, via United States Mail, postage prepaid, certified, return receipt requested, addressed as
follows:
Kathryn M. Yeoman
512 Terrace Drive
New Cumberland, P A 17070
Attached hereto as Exhibit "A" is the return receipt (Postal Service Form 3811) evidencing
receipt of the Rule to Show Cause by the Defendant at the address and on the date indicated on the
return receipt card.
By:
Matthew . Eshelrri , Esquire 10 #72655
2109 Market Street, Camp Hill, P A 17011
(717) 737-3405 (fax) 737-3407
Attorneys for Plaintiffs
SENDER ::COMPLETE THIS SECTION
. .
. . .
. Complete items 1, 2, and 3. Also complete
Item 4 ~ Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
DAgen!
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D. Is delivery address different from item 1? Yes
If YES, enter delivery address below: 0 No
K<itlrryn H. Yeoman
512 Te=ace Drive
New Cumberland, PA 17070
3. Service Type
Xl[ Certifiod Mall 10 ExpIllSS Mall
o Registered 10 Return Recetpt for Merchandise
D Insured Mall 10 C,O.O.
4, R_clod Delivery? (Extra Fee) D Yes
2. Artlde Number
(r1lJlJSfet r"'rr",,,,,vlce ~
PS Form 3811. August 2001
7004 0550 0000 8951 2000
Domestic Return Receipt
102595-02-M-1540 "
EXhibit nAil
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CHARLES D. EWING and
CHARLES B. EWING, Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
DOCKET NO.: 04-4857 CIVIL TERM
KATHRYN M. YEOMAN, Defendant
CIVIL ACTION - ACTION IN EJECTMENT
PRAECIPE
TO THE PROTHONOTARY:
Please enter judgment in the above-captioned proceeding in favor of Charles D. Ewing
and Charles B. Ewing, Plaintiffs, and against Defendant Kathryn M. Yeoman for possession of
the property known and numbered as 512 Terrace Drive, Cumberland County, New Cumberland,
Pennsylvania 17070, and for the amount of $2,079.97 plus costs and interest on the judgment at
the statutory rate. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer
to Plaintiffs Complaint which contained a notice to defend within twenty (20) days of service
thereof and after a 1 O-day Notice was sent.
Date: November 3, 2004
I
Respectfully subm:'~d~
I
SAlDIS ~U:"f~, FL WER & LINDSAY
By: ~U>>!
Maithew J. Eshelnan, Esquire ill #72655
2109 Market Street, Camp Hill, P A 17011
(717) 737-3405 (fax) 737-3407
Attorneys for Plaintiffs
Pursuant to Pa. R.C.P. 237.1, I hereby certify that a notice of intent to take a default
judgment was forwarded to Kathryn M. Yeoman by United States Mail, first class, postage prepaid,
on October 20, 2004. The aforesaid notice was contwned withi1 an envelope bearing the return
address of the undersigned. The notice has not been -; ed tq1t~c ~rsi d as undeliverable or
otherwise. Copies of the notice and Postal Form 3817 e arlkl'.ed iueto d marked as Exhibits
"A" and "B", respectively.
CHARLES D. EWING and
CHARLES B. EWING, Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
DOCKET NO.: 04-4857 CNIL TERM
KATHRYN M. YEOMAN, Defendant
CIVIL ACTION - ACTION IN EJECTMENT
IMPORTANT NOTICE
TO: Kathryn M. Yeoman
512 Terrace Drive
New Cumberland, PA 17070
Date of Notice:
October 20, 2004
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED
OF YOU IN TIllS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE
OF TIDS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A
HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE TIllS 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 lNFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HlRE 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.
Date: October 20, 2004
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: (717) 249-3166
(
Respect~[y su~~, .
SAID~S, ~c;: ,IT~ WER & UNDSAY
~\ \ .,'
By: J ~ lJ \, ~ j ~ -
Matthew J. EshO:man, Esquire ill #72655
2109 Market Street, Camp Hill, P A 17011
(717) 737-3405 (fax) 737-3407
Attorneys for Plaintiffs
Exhibit "A"
U.S. POSTAL SERVICE
CERTIFICATE OF MAILING
", It
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
, ,
Recew~dis, Shuff, Flower & Lindsay
?109 Mtlrket Street
Ctlmp Hill, PA 17011
17tJ1()
PS Form 3817, January 2001
Exhibit "B"
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CHARLES D. EWING and
CHARLES B. EWING, Plaintiffs
vs.
KATHRYN M. YEOMAN, Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 04 - 4857 CNIL TERM
CNIL ACTION - ACTION IN EJECTMENT
PRAECIPE FOR WRIT OF POSSESSION
To the Prothonotary:
Pursuant to Pa, R,C.P. No. 3161.1, issue writ of possession in the above matter. A
description of the property to be delivered to the Plaintiffs is attached hereto, with an additional
copy that may be attached to the Writ.
Dmc #'1
Matthew J. Eshelman, Esquire Id No. 72655
2109 Market Street, Camp Hill, PA 17011
Telephone (717) 737-3405 Fax 737-3407
Attorneys for Plaintiffs Ewing
. -'
,
.
CHARLES D. EWING and
CHARLES B. EWING, Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
DOCKET NO. 04 - 4857 CNIL TERM
KATHRYN M. YEOMAN, Defendant
CNIL ACTION - ACTION IN EJECTMENT
PROPERTY DESCRIPTION
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, Cumberland
County, Pennsylvania, more particularly bounded and described as follows, to wit:
ALL THAT CERTAIN tract or parcel of ground situate in the Borough of New Cumberland,
Cumberland County, Pennsylvania, more particularly bounded and described according to
survey of D.P. Raffensperger, Registered Surveyor, dated May 12, 1955, as follows, to wit:
BEGINNING at point on the Southern side of Terrace Drive 590,03 feet East of the Southeast
corner of the intersection of Terrace Drive and Allen Street, also at the dividing line between
Lots Nos. 32 and 33, Block C on hereinafter mentioned Plan of Lots; thence Eastwardly along
the Southern side of Terrace Drive 60 feet to a point at the dividing line between Lots Nos. 33
and 34, Block C on said Plan; thence Southwardly along the same at right angles to Terrace
Drive 110 feet to a point at the dividing line between Lots Nos, 13 and 33, Block C on said
Plan; thence Westwardly along the same 60 feet to a point at the dividing line between Lots
Nos. 32 and 33, Block C on said Plan; thence Northwardly along the same at right angles to
Terrace Drive 110 feet to a point, the Place of BEGINNING,
BEING Lot No. 33, Block C on Plan of Simpson Terrace Addition No. 1 to Forrest Hills
recorded in Plan Book 4, page 109, Cumberland County Records.
HAVING thereon erected a one story frame dwelling house known as No. 512 Terrace Drive.
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WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.)
.,
CHARLES n. EWTNG AND
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 04-4857 CIVIL Term
No. Term
Costs
AU'y. $ 129.08
Pl'ff(s) $
Prothy. $ 1.00
CHARLES Fl. EWTNG
KATHRYN M. YEa1AN
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:
CHARIES D. EWING AND CHARIES B. EWING
Plaintiff (5)
being: (Premises as follows):
512 TERRACE DRIVE
NEW CUMBERLAND, PA
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell hislher (or their) interest therein.
~
Date
NOVEMBER 10, 2004
--ay:
(SEAL)
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By virtue of this writ, on the day of
I caused the within named , to
have possession of the premises described with the appurtenances, and
Sworn and subscribed to before rne this
day of
So Answers,
Sheriff
Prothonotary
By
Deputy
WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.)
CHART,RS n. EWTNG AND
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 04-4857 CIVIL Term
No. Term
Costs
Att'y. $ 129.08
Pl'ff (s) $
Prothy. $ 1.00
CHARLES R. EWTNG
KATHRYN M. YEa1AN
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of
CUMBERLAND
County, Pennsylvania
(I) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
CHARIES D. EWING AND CHARIES B. EWING
Plaintiff (s)
being: (Premises as follows):
512 TERRACE DRIVE
NEW CUMBERLAND, PA
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell hislher (or their) interest therein.
(SEAL)
CURTIS R. LONG
Prothonotary, Common Plea, Court of Cumberland County. Pennsylvania
-.fu: .A ~,p 77z("/ZAd~r
Deputy
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Date
NOVEMBER 10, 2004
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By virtue of this writ, on the day of
I caused the within named
have possession of the premises described with the appurtenances, and
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WRIT OF POSSESSION RETURNED ABANDONED, NO ACTION TAKEN IN SIX MONTHS.
Sheriff's
Docketing
Poundage
Pro thy
Milage
Surcharge
Return:
18.00
1. 32
1.00
26.64
20.00
66.96
Advance Costs: 150.00
Shpr;ff'~ ~o~t~. hh gh
83.04
Rpfllnnpn to Att)' on g/7,/O~
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'v'd 'AHiIIU..J u,., lu.:ll:l~~IIJ
.:J.:HlBHS 3Hl .dO 3JI.:l~~ n ers,
b",ih<d '0 b,ro"m, ilii, ,~ By ~ta"u,h~11[1iH)~ v"
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Sheriff ck. -"-13/1
K<-<-' /(..13,1
day of