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IIlonllthe nOrlhemline of sllid 14.feet wide IIlley inlln easlerly direction
II distllnce of 46 leetto a post lit comer of Lot now or Ihnnerly of
Bowmlln; thence alonllline of said 101 now or filmlerly of Bowmlln in a
nOrlherly direclion II distance of 170 lectto said Boiling Springs Road,
lilmlerly known as Church Streel; Ihence westwardly along the southern
line of said Boiling Springs I(oad, limnerly known as Church Street, a
distance of 46 leetto a point at the place of Beginning,
TIlE ABOVE descrihed truct ofland has thcreon crected a two and one-
half story Irame dwelling house and other improvements known and
numbered as 12H5 Boiling Spring Road,
BEING the same premises which Questin L. Zell, Administrator of the
Estate of Rulh Louise Zell, hy deed daled Novemher I, 19H2, and
recorded in Cumhcrland County Deed Book 29 "Y" 4H3, grunled and
conveyed tollarry p, Clever, Jr, ami Miriam Clever, his wile, Grantors
herein,
4, A true and correct photostatic copy of said Agreemenlof sale, hearing the ollicial
stampcd data as imprinted thercon hy the Cumherland County Recorder of Deeds, is attached
hereto, made part of, and marked Exhihit "A",
5, There has heen no prior exercise of power to confess judgment on Exhihit "A" in any
jurisdiction,
6, Delendant has a history of defilulting on her ohligation as set forth in Exhibit "A", In
April of 19H9, Delendant made payments totaling $I,HOO.97 fin delinquencies upon which a
previous Notice of Intention to Foreclose was based. Said Notice is attached hereto,
incorporated herein and marked Exhibit "B",
7, Plaintill's aver that the Defendant have delilulted on their ohligations as set filrlh in
Exhihit "A" in the filllowing instances:
A, Defendant has lidled to pay the required monthly installments of $23H,H4, due
on the filurteenth day of cach month, lilr the months Septemher, October, November and
Deecmber, 1'}lJ2; January, February, March, April. May, Junc, July, August, Sl~ptemhcr,
Octobcr. Novcmbcr nnd Decemher, 11)1)3; Jnnunry, Fehruary and March. 11)94; for a total
delinquency in instnllment payments of $4,537,1)6,
Il Detendnnt hns tililed to pay Cumberland County and Monroe Township real
estate taxes tilr the yenrs II)I)U, II)I)\, II)lJ2nnd 11)1)3. which tnxes I'laintitl's were required to pay
in the total amount of$355.U4, True and correct photostatic copies of said tax receipts, bearing
the ollicial stampcd dnta as imprintcd thereon by the Monroe Township, Cumberland County
Tnx Collector, is allnched hercto, incorporated herein and marked exhihit "C",
C, Defendant has failed to pay Cumherland Valley School District real estate
taxes due on said premises filr the years II)I)U-11)9 I, 1991-11)92, 1992-1993 and 1993-1994,
which taxes I'laintitl's were required to pay in the total amount of$I.UR7,62, True and correct
photostntic copies of said tax receipts, hearing the ollicial stamped data as imprinted thereon by
the Monroe Township, Cumberland County Tax Collector, is allnched hereto, incorporated
herein and marked Exhibit "D",
R, Plnintifl's have repeatedly advised Defendant of hcr default, A Notice to Forclose or
Take Action, received by Detendant on September 23. 191)3 is allaached hereto, incorporated
herein and marked Exhihit "E",
9, A Notice to Tenninate in Accordance with Section I)U4 ofthe Installment Land
Contract Law was received hy Dclendant on April 22. 191)4, A true and correct photostatic copy
of said notice is allached hereto, incorporated herein and marked Exhihit "F", Despite such
etlbrts Defendant has consistently lililed and/or refused to cure said delilUlt.
COUNT I . Possession
\(), Paragraphs 1 through I) inclusive arc incorporated herein by reference as though the
same were set Hirth in their entirety,
II. The Defendant remains in rossessiun ofsllid Jlremises despite her lilllure to ray the
afiJresaid monthly installment fees, real estate taxes and sehooltaxes accumulating against her,
12, The defendanl has heen notified ill writing twice Ihat she is in default under the
tenns of the Agreement of Sale, and thai unless she cures the delitult, legal action will he
inslituted to ohtain possession of the premises, As witnessl'd hy Exhihit "E" and "1''', allached
hereto,
11 As a result of the Delendant's detilult and nlilure to pay the monthly installment
payments, local school real estate taxes and county and township taxes, the I'laintil1s are
exercising their rights under the agreement in Exhihit "A" to conlessjudgment in ejectment liJr
Jlossession of the Jlremises located at 12N5 Boiling Springs Road,l'ennsylvania 17007,
WHEREFORE, Jlursuant to the warrantoI' altomey to confess judgment and fhllowing
the breach of certain covenants and conditions of Exhihit "A" as set lilrth ahove, I'laintil1s
demand and direct the entry ofjudgmenl in ejectment in titvor of I'laintills and against
Defendant, together with the costs of suit and $200,00 as reasonahle aIlOn1ey's Ices,
COUNT II. l\Ionctllr}' Dllmllllcs
14, I'arugruphs I through IJ inclusive lire incorporated hereill hy reference as though the
same were set fhrth in their entirely,
15, Desrile rereated demands and the issuance of a Notice to Foreclose (Exhihit "E")
and a Notice of Termination (Exhihit "1'''), Ihe Defendant has fitilcd to h~ndcr Ihc fullal1lount of
aliJresaid delinquent instalhnent payments and afilresaid hack taxes as required under the tenns
ol'lhe Agreement of Sale (Exhihit "A"),
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Alilll:nll:NT or liAl,E
ARTICLES OF AGIlEE~IENT, mode the 14th day of lIarch
1083, botwoon IIAIlRY P. CLIlV/!Il, JR. and MIRIAM G. CLRVJ1R, his wife,
of R. O. 2, Boil ins SprinSl, Ponnsylvania,
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AND
G. CAROL SAPIIORr: of R. D. 6, 1319 Church Streot, Carlisle, PA,
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WITNIJSSIJTII: That the said party of the first part for
the consideration hereinafter mentioned and contained; aArees tq
soll and convey unto tho said party of the second part hor
hoirs and assigns, the following tract of land:
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ALL that certain houso and lot of ground located in tho Villase
of Churchtown, sometimes known as tho Village of Allen, in ,
Menroe Township, Cumberland County, Pennsylvania, bounded and
uoscribeu as follows: "
BEGINNiNG at a point, formerly a white oak tree, at the intersection
of the southern line of Pennsylvania Route 174, fQrmerly known as
Church Street anu now known as Boiling Springs Road, nnu the
,eastern lino of a ten-feot wide alley; thence from said point at
the place of Becinninc alonc the eastern line of said ton-feet
wide alley southwardly a distance uf 170 feet to a point on the
'northern line of a 14-feet wiue alley; thence along the northern
line of saiu l4-feet wlue alley in an easterly direction a distance
of 46 feet to a post at corner of Lot now or formerly of Bowman;
thence along line ef saiu lot now or formerly of Bowman in a
nertherly uirection a uistance of 170 feot to said Boiling Springs
Road, formerly known as Church S~reet; thenco westwaruly along tho
seuthern line of saiu BoilinA Springs Reau, formerly known ns Church
Streot, a distance of 46 feet to a point at the place of Deginning,
TIm ADOVO described tract of land has thereon erected a two and
one.half story frpme dwelling house and other improvements known
and numbered as 1285 Boiling Spring Road. ,
IIHING the 5111110 promises which Questin I.. Zell, Administrator of
tho Hstate of Ruth I.oulse Zell, by ueed dated Nevemher' 1, 198Z
and recorded in Cumberland County Deed Book 29 "Y" 483 granted
and conveyed to lIart'y P. Clever, Jr. and ~tiriam G. CleJ.'er, his'
wife, Grantors herein.
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IN CONSIDERATION lilWREOF, the said party of the second
part agreos to pay to the snld party of the first part therefor,
the sum of TWENTY-NINE TIIOUSAND NINE IIUNDRllO DOLLARS ($29,900.00),
as follows: TEN TIIOUSAND DOLLARS ($10,000.00) upon the execution
of this Agreement of Sale, the receipt whereof is hereby acknowledged.
by the party of the first part, and the balance of NINETORN TIIOUSAND
NINE IIUNDRED DOLLARS ($19,900.00), with interest theroon at the rate
of twelve percent (12') per annum on the unpaid principal balance
payablo in monthly installments of $238,84, as follows: The first
pnyment beginning on tho 14th uay of April, 1983, and payable on the
14th day of each month thereafter for a period of lZO months, and
any unpaid balance of interest and all of the remaining principal to
be paid in full 120 months from the date hereof on the 14th day of
~Iarch, 1993.
bOOK 28,1 rACE tilS
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UPON compliance with the foregoing terms and conditions
and payment of the said purchase price in full by the said party
of the second port the said party of the first part will, at their
own proper cost and chaTf:e, make, execute aud delivor to the said
party of tho second port, a good and sufficient deed for the proper
conveying and assuring of the said premises, in fee simple, free
from all incumbrances, dower and right of dower, subject only to
easements and restrictions, visible or of record, such conveyance
to contain tho usual covenants of general warranty.
IN TIlE EVENT the Seller sholl de foul t in the payment of any
debt o. obligation which is or sholl become a lien or charge upon
the hare in conveyed real estate, then the Buyer shall have tQe
right to pay said debt or obligation on behalf of Seller and deduct
any amount so paid from the ba lance due under ,this agreement.
IN the event the said party of the second part shall fail
to make said monthly payments as aforesaid for the space of
thirty (30) days after the same sholl have become due and 'payable
by the terms herepf, or if a breach of any of the foregoing
conditions be mode by the said party of the second part~ t~n and
in such case this Agreement shall become null and void and ~he
said party of the second part shall forfeit all monies then paid
as liquidated damages, representing the fair ~ental value of the
property during the time'the same shall hove been occupied by the
party of the second part.
IF DEFAULT shall be made in the payment of any monthly
installment as aforesaid, or a breach of any of the conditions of
this Agreement sholl be made by the party'of the second part, the ,.;
entire principal sum remaining unpaid sholl become duo and payable
at once and may be collected by suit or otherwise; and the
Prothonotary or any attorney of any court of record of Pennsylvania
or elsewhere is hereby authorized and empowered to appear for and
confess judgment against the said party of the second part and in
favor of the party of the first part for the whole amount of
said principlIl sum remaining unpaid, together with interest, costs
of suit, release of errors, attorriey's commission of five percent
and waiving inquisitions and exemptions,
UPON the breach of any of the covenants or conditions of
thls Agreement, or upon its termination by forfeiture, the
Prothonotary or any attorney of any Court of Record of Pennsylvania,
is hereby authorized to appear for and to confess judgment 'in an
amicable action of ejectment against the said party of the second
port and in favor of the said party of the first port for the
premises herein described, and to direct the immediate issuing of
a Writ of Possession with clouse of execution for costs, waiving
all irregularities! without notice and without leave of Court, and
with Two Hundred (~200.00) Dollars added as reasonable attorney's fee.
o
, ACCEPTANCE by the party of the first part of any of the
aforesaid monthly payments after the some shall have become past
due and in default, or any failure to enforce any of the rights
herein reserved to the parties of the first part, or any of the
penalties, forfeitures, damages or condition~ hereln contained, shall
not in any wise bo considered 0 waiver of the right to enforce '
the some at any timo without notice whatsoever, and any attempt
te cellect the ameunt due by one preceeding shall not be considered
a waiver of the right to enforce any of the other proceedings
BOOK 28,1 r^GE ti21
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CUMBERLAND COUNTY COURT OF COMMON PLEAE
IN RE: HARRY P. CLEAVER AND MIRIAM CLEVER
PLAINTIFF
VS.
G. CAROL SAPHORE
DEFENDANT
IK'TICE C'F INTENTION TO FORECLOSE OR TM,E ACTIOIl
1. Thirty days from receIpt by you of thIS notIce the
ecove PlaIntiffs Intend to lnstltute legal proceedIngs
agaInst you to enforce rIghts under an AQreemen: of Sale
for real estate known as 1285 Boiling Springs Rcad.
2. YOU, the Defendant, have faIled to pay SlY, mon:hly
installments of ~23B.B4 totalIng 1433.04 and have felled
to 198~ pay real estate ta~es totaling $3b7,~3 for a
total default of ~1~OO,97, As a result of saId default and
Defendants continued fallure to make peyment Plalntlff has
a rIght to accelerate the entire debt wherefore the entIre
principal balance is due in full together with the
aforesaid sums in the amount of $ 17,610.07
3. The Defendant. G. Carol Saphore
the said default ln accordance with
follows:
has a rIght to cure
41 P.S, _ 404 as
At any tIme at least one hour before any sherIff
or JudIcial sale the Defendant or Debtor or ether perscn
actIng on her behalf mai, not more than three tImes 1n any
calender year, cure a default and prevent sale of the
property ano acceleratIon of the debt by tender~ng payment
by cash or certlfled checl, of all sums due ~,ad :here been
no default together WIth the reasonable coets of ac:ion
actually Incurred,
4, A:tlcn ~lll be commenced thIrty cays frcm t~e ~ate you
re:el\€ t~'5 n:tlce. ~c avoId addltlcnal ccstE YD~ n.st
pa,' t'",,, entire cefault cn or before sad de:te. If a:t1C'1
iE comrren~EC ie~ n,~y stl11 cure the default ~i aforesaId
by pay~e~L not less than one hour before sale.
5, Defenoants ownershlp or possesslcn In the real estate
wlll be termInated by actIon at law for a wr1t cf
posseSSion, ejectment, and/or SUIt for JUDgment.
6, The Defendant has a rIght to ref lnance and koy '11 full
the ent1re debt and Plalntlffs WIll thereupcn Issue a deed
provideo that such transactIon 15 concluded prior tJ the
entry of fInal JUdgml:il1t or sale of the prem",ses ane all
Burne due Includ,"y costs are paId.
HARRY P. CLEVER AND MIRIAM
CLEVER,
Plaintiffs
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I CIVIL ACTION - LAW
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Vs.
G. CAROL SAPHORE,
Defendants
NOTICE OF INTENTION TO FORECLOSE OR TAKE ACTION
1. Thirty days from receipt by you of this notice, the
above Plaintiffs intend to institute legal proceedings against
you to enforce rights under an Agreement of Sale for real estate
known as 1285 Boiling Springs Road, Boiling springs, Pennsylvania
17007.
2. You, the Defendant, have failed to pay thirteen (13)
monthly installments of $238.74 totalling $3,103.62, and have
failed to pay real estate taxes beginning January 1, 1990, as a
result of which the total amount for taxes is $1,412.47 for a
total due in order to cure the default of $4,516.09.
3. The Defendant, G. Carol Saphore, has a right to cure the
said default in accordance with 41 P.S. . 404 as fo110WSl
At any time at least one hour before any sheriff
or judicial ssle the Defendant or Debtor or other
person acting on her behalf may, not more than three
times in any calender year, cure a default and prevent
sale of the property and acceleration of the debt by
tendering payment by cash or certified check of all
sums due had there been no default together with the
reasonable costs of action aotua11y incurred.
4. Action will be commenced thirty days from the date you
receive this notice. To avoid additional costs you must pay the
entire default on or before said date. If action is commenced
you may still cure the default as aforesaid by payment not less
than one hour before sale.
5. Defendant's ownership or possession in the ~ea1 eetate
will be terminated by action of law for a writ of possession,
ejectment, and/or suit for judgment.
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IN 'I11E CDJRT OF CDfooD'l PLEAS OF OJolBERlJIND CXlJNI'Y ,
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kj I "/ J..j ~~r", U \ I)... 'v"l l I Allmm l Due 1\ \ [) (~ OC:: , l~ h.j
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IQ?'5 I<'>\.>I 1.o1\1\"\'li ;n"~':, 5~1\ ,
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'. 'fO THE J1RO'IHDt-rn'I\RY OF 111E SAID COURTI I)' ,,' \'\C\(\(\ \.
PafiSYLV~'
The undersigned hereby certifies that the below does not arise out of II retail
installment sale, contract, or account based on a confession of judgment, but if it does,
it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as
amended; and for real property pursuant to Act 6 of 1974 as ancnded.
PRAOCIPE FUR EXEOJI'IOO
Issue writ of execution in the alJove m'ltter to the Sheriff of C. Ll f'n hI' \ \ ().l1rL
County, for debt, interest and costs upon the following des<;ribed proper,b' of the
defendant(s) 0..)\ ~\'\'-",[~\\(L\ \)\C\)(l\\~ G"I \\,~ \~\\l'..nc\(>lf\l.
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I'RAOCI PE FUR ATI'llCIfoIENI' EXEX:UTIOO
Issue writ of attachrrent to the Sheriff of County, for debt,
interest and costs, as above, directing attachllcnt against the above-named garnishee(s) for
the following property (if real estate, supply sUe copies of the description; supply four
copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or Control of the
said garnishee(s).
(Indicate) Index tlus writ against the garnishee(s) as a lis pendens against
real estate of the defendant(s) described in the attached exhibit.
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Print Namel Cl\L~\.Q\ ~~ \-\C~\...'K~~~ e.
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Telephonel l ~ H ') .-~ l\ .. ). \ L~ r) ~~
SuprClTc Court 10 No. I C \ 'J ~-) to:. J...
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