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Home My WebLink About95-03714 ":) ; WRIT OF POSSESSIO~ I Ejectment Proceedings PRep 3160.3165 ete) __ ~~'!!Q _!l...__~ru!'_J. _~~.!::r.AIil-l<.d~UJJl- -- --- Main Street, Fayetteville, Pa. 17222 [)I THE COl:RT OF CO~I~IO:-; ?LE,\5 Or Cl."lBERU;.;O COl"',Y. PE"'~Sn.\'...:-''T.\ __lR~I!!!g-f.!.-L-!.1!1h-~ _ 9J'llffl_J.t_JAlilb..____, 59 Lincoln Way East, Chambersburg, Pat :0:0. 9.?_-_:rZH______m____m___Cj,y.J.l Tel1l1 :9______ 17~1 . '), 9~-:.:l'ZHn____n__n_______Cjy.J.l Term 19____00 Y'S. ,. Costs ,\rt'~', nn____n_____________n___n S_.2.'.l.5n.____ __~l.~-~I!!:L------------ __________________ ,i ._s::l:;;;~~;~:~~:~------------~------- J PI'!! '" nn_________________________ $____________ Prorny, ______________________________ '___laOO_____ ~------------------------------------------------_. ------------------------------------------------_.~ cmnlONWE.-\L TH OF PE.'I;o:SYL ,,",-\"'<1'\: COt.::-lTY OF Ct:~IBERL.-\.,""1): To the Sheriff of _CUoberland----------n--n----- County, P~na, . \ 1 J To tatisiy :be jud3lDent for pOiSemon in the abo ':e matter you are directed :0 deih'er poss~sion ci tne :oilawing desocribed property .:0: _______.!'l_~!D_!t.__~rn:n__~_~~E!!!_!:__.__~rn:n;__\!1J!?!!.~!!-Q..-J&llh.k_Onma_JA_loash._ ----------------. . ________00________00__ _ ________________ ____ _ __ _____ _ __ __ 00 _____ _________________ -- - ------ - P!:1lnrifi .: s ' being: (P re:nises as ioUows) : 116-118 North Hanover Street, Carlisle, Pat 17013 (See Exhibit "A") (2) To smsiy the ~ts ag:Umt the defellcbnt (5) you = directed ro to',.. upon 3.'11' propel':':' ot ~e deien. dant ,s~ ~--i sell his her ',or :her) inlerest theretn. Dare ___J_l;!!Y_.l.lL_122.!?._ -------------- lSE....Ll ,._____T::~llq!!_Ji:~_ Ji~!l<~_~____ ___ _____m________. Pl'Othonot:1/;'. C.muncn P!e:u COUrt .,i Cumberland Count;', Penn:r.. ll... n.'l'~ C.]", if.~ :' . ..----Fr..----.... ~---..-----------..------..--.. !)e;:1:o;y kt' .. I. '-~-. ':.:""') " :, ::1' o c:J , L , " ....., iL:.. -' .....c t:::I o --. ~ ~ ,~w E: ;5..., =- IU U, . ;~_lii' #. p! "'j IV :3: Cl - ..... I' C =- 0 >, l5: .: :I: \O~ g :~ p ..,..,. - Irt -7 ~ );"'~ ;~. g! .:... CD :",:(0 C Jl '"tI rt .::" t1'l :OJUl-m..... .::' ~;fln '" , .,.0 ~~ ;.:' ~ .AOrt~; m J ..... '..... .......... -;.;i OJ I -j~ _, ::l ~~ 'c, ..... 1 ..... <Xl <Xl ..... r ? ~. - ::ll ~ ;;j ? ... _ ""!-- ~ -... . ~ r= _-: - -::;; - A' 1 ~ - - .. ~;;1 ~:a ," Ci ~ " - ='2 ... .... , , , ~ 7t' ,..... , 'IV '\0 o ,0 l.n .0 ~ 10 e'~ !Jl ". ~tll . fln i~ :rUl a~ ~~ ~~ i- :r ~- o::z ~::i :: :ij:ti - "" :>:: ~ ,- -~ --' :0.:- - - -~ ~~ - - -:~ . - -", :1::: z- Z2 :1>- :S: ~~ :;..:n 2- -:;:., ;.. Z ,. ~ j ~ '" , , ).0 ;\.0 U1 ,l.n II II \.oJ 'W Io..J I....,J .... '..... ~ :... o n I-!' :~' ~ :~ ~ o-l B 1 8:-: ~~ e;;;a ,. iIt::2 ~ (i9-.: t..::... Bv virtue oi :his writ, on :h~ ___?J-!lJ______u_____da\. ,i ___.J_1J4.__uu________u__u_____. .!?9.5-- [ ~~u.ed :he within n3:ned __.K~y_![)_Jl..__CJ:.IJlJL.._SheJ:.r.ie _Ah.l:rlll1l.__eusselJ.._c.._ Lalih-eHlG, :0 01:1'11<1 J. Lash :r..ve polleuion 01 :h. prm:i.~ d=ribt'ci \VklCX~~)(ItJCXlll:~XJ(.K.l4~--J.lji..:1l6.1lI0J:th.-I!aR()."'~-s.l;ree t Carlisle ._------------------------------------------------~-------------------------------------------------.. --------------------------------------------------.-------------------------------------~-----------_. Sheriff's Costs: $ 53.80 Refund to atty $ 96.20 -----------------------------------------------------------------------------------------------------. -----~------- ...----------------------------------.-----------------------------------------------....... . ,. h ;)~<!::. ~\".JI:\ .u;.."liUOSC:~oe:::-' ~~f)n: :lO,t: :"'1ts ____.._____..._.-_ ci~,. "I -'>f-~-----n-.--.--.u-n-------' .-'.9'>:'u h_ non_ -~-~1.!f..---G-~ 2JJ....(~.,.1f"t-'1'}..'... --.., P:'T"tI::ltJn.;')tari "". \I"\'~'" "/)j.?" /~ ~~8"-"~.-!.:r.-e-....' ------------------_..__._---------------~--~.~~~,--. ~ ~~h~rj(' : ~.. ..~. ... .~~.- .. ------.-.-...------ n..pu:y ,'\ IO~ .,p.. ... 3f:\wpS1\u$~rs\Jo\t..\t.rey.pr. NEVIN B. CRUM, SHERRIE A. CRUM,: RUSSELL C. LASH and ORPHA J. LASH, IN '1'HE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. DALE CAREY, Defendant NO. q, ,} 7'" C;J -r..t- 1995 CIVIL ACTION - LAW TO THE PROTHONOTARY: PRAECIPE FOR WRIT OF POSSESSION Please issue a Writ of Possession in the above-captioned matter. Dated: July 11, 1995 Respectfully submitted, SAlOIS, GUIDO, SHUFF & MASLAND By:~J__~ Timothy M. Anst e, Esquire Supreme Court ID #44879 2109 Market Street Camp Hill, PA 17011 (717) 761-1881 Attorney for Plaintiffs ~ <- <= ~ - ......... ~ ...- - ~\ .. - .z: ,... ..... '''' :'- '" .. .;:.;.- ~ G v <, ::~ ::.<: r; c. ~ li> .." J J\ " f:\wpS1\users\Jo\tMa\carey.wrt NEVIN B. CRUM, SHERRIE A. CRUM,: RUSSELL C. LASH and ORPHA J. LASH, IN 1'f1E COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. DALE CAREY, NO. CIVIL ACTION - LAW 1995 Defendant WRIT OF POSSESSION Commonwealth of Pennsylvania ) ) County of Cumberland ) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment for possession in the above-captioned matter, you are directed to deliver possession of the following described property to Nevin B. Crum, Sherrie A. Crum, his wife, Russell C. Lash and Orpha J. Lash, his wife: See Exhibit "A" attached hereto and made a part hereof. (116-118 North Hanover Street, Carlisle, Pennsylvania 17013) Prothonotary 1 t:\wpSl\u5rrs\jo\tma\carey.not Defendant NO. .'t~-. 311'1 ~ ~995 CIVIL ACTION - LAW NEVIN B. CRUM, SHERRIE A. CRUM,: IN THE COURT OF COMMON PLEAS RUSSELL C. LASH and ORPHA J. CUMBERLAND COUNTY, PENNSYLVANIA LASH, Plaintiffs v. DALF. CAREY, NOTICE TO: Dale Carey Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY CONFESSION has been entered against you in the above proceeding and that enclosed herewith is a copy of all the documents filed in support of the said judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: TIMOTHY M. ANSTINE, ESQUIRE TELEPHONE NUMBER: (717) 761-1881 _q~Lo-nO ~P'~L_ ~. Pro honotary i .. <, -. OALE CAREY, Defendant NO. 1S. 3),'( ~ 1':t- 1995 CIVIL ACTION - LAW NEVIN B. CRUM, SHERRIE A. CRUM,: RUSSELL C. LASH and ORPHA J. LASH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA plaintiffs v. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Nevin B. Crum, Sherrie A. Crum, Russell C. Lash and Orpha J. Lash, plaintiffs in the above captioned matter. SAIDIS, GUIDO, SHUFF & MASLAND By: TJM~::J Timothy ~. Ans ne, Esquire Supreme Court 10 #44879 2109 Market Street Camp Hill, PA 17011 Telephone: (717) 761-lB81 Date: July II, 1995 Counsel for Plaintiffs L_ c.~ ~ '" .r o' ; u:> OJ' " .. ....,- NEVIN B. CRUM, SHERRIE A. CRUM,: IN 'I'HE COURT OF COMMON PLEAS RUSSELL C. LASH and ORPHA J. CUMBERLAND COUNTY, PENNSYLVANIA LASH, Plaintiffs v. Defendant NO. (U." 3,)" ~7':t-1995 CIVIL ACTION - LAW DALE CAREY, AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that the Defendant Dale Carey in the above-captioned action is not presently on active or nonactive military status. Respectfully submitted, SAIDIS, GUIDO, SHUFF & MASLAHD Ti:tL ~'-ESqUire Supreme Court 10 44B79 2109 Market Street Camp Hill, PA 17011 Telephone: (717) 761-1881 Date: July II, 1995 Counsel for Plaintiffs -, '- "" ~ - '" - - ..". a. .'..:.' ..;... ,:., " <0 <..n t:\wpSl\us~rs\Jo\t~a\careY.Jmt NEVIN B. CRUM, SHERRIE A. CRUM,: RUSSELL C. LASH and ORPHA J. LASH, IN 'I'HE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. DALE CAREY, NO. (h,-_ ~ '/1'1 ~-.l995 CIVIL ACTION - LAW Defendant CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in ejectment in favor of the Plaintiffs and against the Defendant for possession of the real property described as follows: 116-118 North Hanover Street Carlisle, pennsylvania SAIDIS, GUIDO, SHUFF & MASLAND Date: July II, 1995 ,y,~ Timothy M. Anstl. , Esquire Supreme Court ID #44879 2109 Market Street Camp Hill, PA 17011 Attorney for Defendant o 2:- ~ ~ - - ,.~ .:::- en '( ::~ -- :.: ...; ...... Defendant NO. r,)'. 3'7/'( ~ 1.u-1995 CIVIL ACTION - LAW f. 'wpS1'usrr~\Jo\tMa\c.rey.cMp NEVIN B. CRUM, SHERRIE A. CRUM,: RUSSELL C. LASH and ORPHA J. LASH, IN 'rilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. DALE CAREY, COMPLAINT FOR CONFESSION OF JUDGMENT FOR POSSESSION OF REAL PROPERTY 1. The names and addresses of the Plaintiffs are Nevin B. Crum and Sherrie A. Crum, his wife, residing at Main Street, Fayetteville, Franklin County, Pennsylvania 17222; and Russell C. Lash and Orpha J. Lash, his wife, residing at 1759 Lincoln Way East, Chambersburg, Franklin County, Pennsylvania 17201. 2. The name and last known address of the Defendant is Dale Carey, residing at 267 Lincoln Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant and Plaintiffs entered into an Agreement of Sale ("Agreement") in Cumberland County, Pennsylvania, a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A" and made a part hereof. 4. The Agreement was for the sale of the property known as 116-118 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, more particularly described on Exhibit "B" which is attached hereto and made a part hereof (the "Property") by the Plaintiffs to the Defendant. 5. There has not been any assignment of the Agreement. 6. Judgment has not been entered on the Agreement in any jurisdict.ion. 7. Under the Agreement Defendant was to pay $218,000.00 for the property, payable in part by monthly installments of $1,928.19 commencing February 15, 1994 and cont.inuing until February 15, 1998, at which time the entire purchase price was to have been paid in full. Said monthly installments included interest on the unpaid principal balance at the rate of 7.5% per annum. B. Defendant is in default of his obligations to make payment to plaintiffs as required under the Agreement, having failed to make the monthly payment due on June 15, 1994, and also having failed to pay real estate taxes on the property as required under the Agreement. 9. Plaintiff gave written notice of the default to Defendant, a copy of which is attached hereto as Exhibit "C" and made a part hereof, and Defendant has not cured the default. In consequence thereof, Plaintiffs have declared the Agreement to be ended and have retained all payments made to date as liquidated damages for Defendant's default. WHEREFORE, plaintiffs demand judgment in ejectment against Defendant, and for possession by Plaintiffs of the subject property, as authorized by the warrant of attorney contained in the Agreement. SAIDIS, GUIDO, SHUFF & MASLAHD Date: July 11, 1995 By:__ Tim thy , Esquire Supreme Court 10# 44879 2109 Market Street Camp Hill, PA 17011 Telephone: (717) 761-1881 Attorney for Plaintiffs ,. ~.. "'" ;::; -', -. -- c C') ., , -., ",..... -..:: ~ .." "1'.:::.' ii,. .3'11'1 e, r. AGREEMENT OF SALE ~ THIS AGREEMENT made this d 7 day of 'J Ct. ",..c;,t r , 1994, between NEVIN B. CRUM, and SHERRIE A. CRUM, his wife, of Fayetteville, Franklin County, Pennsylvania, and RUSSELL C. LASH and ORPHA J. LASH, his wife, of Chambersburg, Franklin County, Pennsylvania, hereinafter referred to as Sellers A N o DALE CAREY, a single man, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Purchaser. WIT N E SSE T H : (1) Sellers agree to sell and convey to Purchaser and Purchaser agrees to purchase and accept the conveyance of all that certain tract of land with improvements thereon erected known and numbered as 116-118 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described on the exhibit which is attached hereto, made a part hereof and marked Exhibit A. (2) Purchaser agrees to pay the sum of Two Hundred SAlOIS, GUIDO '" MASLAND 26 W. Hi.h 51 rUI Carlisle. PA Eighteen Thousand Dollars ($218,000.00) to Sellers as follows: Ten Thousand Dollars ($10,000.00) at the time of the execution of this Agreement, receipt whereof is hereby acknowledged by Sellers and the balance of Two Hundred Eight Thousand Dollars ($208,000.00) in monthly installments of One Thousand Nine Hundred Twenty-eight Dollars and 19/100 ($1,928.19) commencing [th,h,1 "1\'\ SAIDIS, GUIDO '" MASLAND 26 W. Hi.h Slrcel Carlisle. PA on the 15th day of February, 1994, and on the same day each month thereafter. Said installments to be applied first to the payment of interest due on the unpaid principal balance at the rate of seven and one-half percent (7.5%) per annum, and the balance to the reduction of the principal sum due. Such payments shall be made payable to "P,K. Miller, Inc., Agent for Lash/Crum" and delivered to P.K. Miller, Inc., 33 West High Street, P.O. Box 62, Carlisle, PA 17013 unless and until Purchaser is otherwise advised in writing by Russell C. Lash or Sherrie A. Crum. Purchaser shall have the privilege of making additional payments of principal on any monthly interest payment date. Purchaser specifically agrees to pay said purchase price in full not later than the 15th Gay of February, 1998. Upon payment of the purchase price in full, settlement as hereinafter provided shall be held. (3) At settlement the Sellers agree to convey title in fee simple by special warranty deed free and clear of all liens or encumbrances except easements or restrictions visible or of record. (4) At settlement all realty transfer taxes shall be divided equally between the parties. Provided, however, that if the property is conveyed to a third party at Purchaser 0 s request, Sellers will be relieved of all liability for transfer taxes. (5) All real estate taxes shall be pro-rated to the date of this Agreement. Purchaser shall timely pay all real estate taxes due on said premises after the date of this Agreement. In the event that said taxes are paid by or on behalf of Sellers, Purchaser shall reimburse Sellers for said taxes within thirty (30) days of receiving notice and receipt from Sellers that said taxes have been paid. (6) After the date of the execution of this Agreement the cost of any municipal improvements or assessments shall be the responsibility of Purchaser. (7) Purchaser shall receive possession of the premises on the date of the execution of this Agreement. (8) Purchaser agrees at his expense to keep the buildings on the premises insured against fire with extended coverage in a company agreeable to Sellers for a sufficient sum to cover at all times the unpaid balance of the purchase price; said insurance to be carried in the names of the parties as their interest may appear and to be further endorsed to protect any creditor of Sellers for said premises. (9) Purchaser agrees to keep the premises in a good state of repair, and to make no substantial alterations or changes to said premises without the prior written consent of the Sellers hereto. Purchaser shall pay all utilities due on said SAIDIS, GUIDO '" MAS LAND 26 W. Hilh SUCCI Carlisle. PA premises, and shall pay the cost of all maintenance and repairs, whether ordinary or extraordinary, during the term of this Agreement. (10) The parties acknowledge and agree that Russell C. Lash and Orpha J. Lash have legal title to the premises subject to a mortgage to Irene R. Henderson dated August 21, 1989 in the face amount of One Hundred Fifty-four Thousand Dollars ($154,000.00). The parties further acknowledge and agree that Nevin B. Crum and Sherrie A. Crum currently hold equitable title pursuant to a Land Installment Sale Contract dated April 22, 1993. It is specifically agreed by the parties that Russell C. Lash and orpha J. Lash shall notify Purchaser hereunder of any default occurring under the aforementioned Land Installment Sale Contract dated April 22, 1993. It is further specifically agreed by the parties hereto that in the event Sellers are in default under the terms of the aforementioned Mortgage or Land Installment Sale Contract, or any other judgment lien or encumbrance placed upon the premises, Purchaser shall have the right to cure said default and receive credit against the amount due hereunder. (11) This Agreement shall include the following items of personal property: Any and all appliances that are currently in the rental units which belong to Sellers. These appliances are conveyed in an "as is" condition without any warranty whatsoever, including, but not limited to, any warranty of title. (12) If Sellers have not received the full amount of any monthly payment by the end of ten (10) calendar days after the SAID IS. GUIDO '" MASLAND 26 W. Hi,h SUCCI Carlisle, PA date it is due, Purchaser agrees to pay a late charge to Sellers in an amount equal to five (5%) percent of the overdue principal and interest payment. (13) If any default in the payment of any monthly installment or of any other obligation under this Agreement is not cured within ten (10) days after mailing of written notice of the same from Sellers or their representative to Purchaser at the address below, then the Sellers may declare this Agreement to be ended, retaining all payments made to that time as liquidated damages, and in such event, the prothonotary or any attorney of any court of record in the Commonwealth of Pennsylvania is hereby authorized to appear for and to confess judgment in an amicable action of ejectment against the Purchaser, their heirs, assigns, executors, administrators or lessees, and in favor of the Sellers, their heirs, SAIDIS. GUIDO '" MASLANU 26 W. Hish SUttl Carlisle. PA administrators, executors, assigns or lessees, for the premises herein described and to direct the immediate issuing of a writ of possession with writ of execution for costs, without notice and without asking leave of court, and with the greater of five (5%) percent of the outstanding balance or Three Hundred Fifty Dollars ($350.00) as a reasonable attorney fee; or at the option of Sellers, said Prothonotary or attorney is authorized to confess judgment against the Purchaser and in favor of the Sellers for the unpaid balance of the purchase price, and costs, interests, insurance, and with the greater of five (5%) percent of the outstanding balance or Three Hundred Fifty Dollars ($350.00) as a reasonable attorney fee. (14) Written notice mailed to the following addresses shall constitute sufficient notice under the terms of this Agreement unless otherwise agreed to in writing: Purchaser Sellers Dale Carey /'11- ~i N K"N......r ,>1. C~ tLi)/" fl.. 17./:3 , I Russell C. Lash P.O. Box 137 Carlisle, PA 17013 SAIDIS. GUIOO '" MASLANJ) 26 W. Hi.h SUet'l Carlisle. PA written consent of the Sellers. (15) The interest of the Purchaser in this cont.act shall not be assignable, in whole or in part, without the prior If such assignment is attempted by the Purchaser, the rights stipulated in the preceding paragraph hereof shall accrue to the Sellers. Transfer of title by Willi survivorship or by descent shall not be regarded as an assignment requiring consent of the Sellers. (16) If this contract has been recorded in the Office of the Recorder of Deeds for Cumberland County and default occurs as set forth in any item set forth above, in addition to the rights therein specified, the Purchaser hereby irrevocably appoints any attorney for any court of record in the Commonwealth of Pennsylvania as their attorney-in-fact, for them and for their heirs, assigns, executors, administrators, lessees, or successors in interest, to cancel and avoid, by any appropriate instrument or procedure i the recordation of the aforesaid contract, so that the record title shall be free and clear of this Agreement of Sale. (17) This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (18) This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions i representations or agreements, oral or written, of any nature whatsoever other than those contained herein. SAIDIS, GUIDO '" MASLANJ> 26 W. Hillh SUrfl C.rli,lt. P A For the performance of this Agreement, the parties hereto bind themselves, their heirs, executors, administrators and assigns, as witness their hands and seals the day and year first above written. r- Witness Witness Witness -- -..-,. , NOTARIAL ~41. ~'RU.IlAH E. V~lK, HOTAqy PUBLIC ... 51! BlIRO. CUMSERlANO COUIITY MY COMMISSION EXPIRE. MARCH 23. 1119Cl r,t?:ud (SEAL) COMMONWEALTH OF PENNSYLVANIA : f) ss. COUNTY OF f-,U1J~~ On this .2> 7vL day of 2~ ' 1994, before the undersigned officer, personally appeared Nevin B. Crum and Sherrie A. Crum, known (or satisfactorily proven to me) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF C~~--..L On this ;;)) r.:< day ss. of 9v-,....... - d- , 1994, before the undersigned officer, personally appeared, Russell C. Lash and Orpha J. Lash known (or satisfactorily proven to me) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes herein contained. SAlOIS, GUIDO '" MASLAND 26 W. Hlah 5".., C.rlislt. PA IN WITNESS WHEREOF, I have hereunto set my hand and official seal. IiOTARlAl SEAl. JO.I.H E. \\'LK. NOTARY PUBLIC CARLISlE Il('R~. CU~'aERLANO COUIITY MY COMMISSiOIl E:;r~~E. MARCH 23. 1m . ~'Ud.I (SEAL) SAIDIS. GUIDO '" MASLAND 26 W. Hi.h S"<<I Carlislt. PA COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF On this ,)'6 l.\-... day of~~ ~'-'-(\.'t.'-' , 1994, before the ~ undersigned officer, personally appeared, Dale Carey known (or satisfactorily proven to me) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. '--\"' '\\ ~ \U...\ c.. ';'~~~')( (.SE:~) \ NOTARIAL Sr.~L MICHtLLE e";;'i ;.^:.... .,.. I . CARLISLE S"n.;;.1(;II, ~I. :.~ ') :..~.lt; MY COIolMISSIOII EXPlilEi ~J.~;~:...~:I Cl~" .....1. ;'~. .."., SAIDIS, GUIDO '" MASLANU 26 W. Hiah Strttl Carlislt. P A ~""-""'""_,,,^~f."" EXHIBIT "A" ALL that certain tract of land situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, together with the improvements thereon erected and being known and numbered as 116-118 North Hanover Street and more particularly bounded and described as follows: ON the East by North Hanover Street; on the North by lot formerly of Joseph weibley; on the West by an alley and on the South by lot formerly of George W. Rihlsmith. CONTAINING in front on said North Hanover Street 34 feet inclusive of an alley and in depth 240 feet with the privilege of a 4 foot alley on the North side of said lot on the line between the same and the lot formerly of Joseph Weibley in common with the said Weibley, his heirs and assigns and also the privilege to enter and take well water from the pump and well on the adjoining lot formerly of Joseph Weibley, SUBJECT, HOWEVER to contribution of a fair proportion towards keeping the same in repairs. The aforesaid alley extends from Hanover Street West 76 feet along the line between said lots including 2 feet of each lot for the aforesaid distance. BEING the same property which Irene R. Henderson, a widow, by her deed dated August 21, 1989 and recorded in Cumberland County Deed Book "Q", Volume 14, Page 95, granted and conveyed to Russell C. Lash and Orpha J. Lash, his wife, Grantors herein. ALL that certain tract of land situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, together with the improvements thereon erected and being known and numbered as 116-118 North Hanover Street and more particularly bounded and described as follows: ON the East by North Hanover Street; on the North by lot formerly of Joseph Weibley; on the West by an alley and on the South by lot formerly of George W. Rihlsmith. CONTAINING in front on said North Hanover Street 34 feet inclusive of an alley and in depth 240 feet with the privilege of a 4 foot alley on the North side of said lot on the line between the same and the lot formerly of Joseph Weibley in common with the said Weibley, his heirs and assigns and also the privilege to enter and take well water from the pump and well on the adjoining lot formerly of Joseph Weibley, SUBJECT, HOWEVER to contribution of a fair proportion towards keeping the same in repairs. The aforesaid alley extends from Hanover Street West 76 feet along the line between said lots including 2 feet of each lot for the aforesaid distance. BEING the same property which Irene R. Henderson, a widow, by her deed dated August 21, 1989 and recorded in Cumberland County Deed Book "Q", Volume 14, Page 95, granted and conveyed to RUBsell C. Lash and Orpha J. Lash, his wife, Grantors herein. SAlOIS, GUIDO '" MASLAND 26 W. Hilh Slrrrl Carlisle. P.... \ \ '. II) II E. 1- h, ). :) JUL-11-ge TUE 14:11 P. 01 lohn 6. nUke Robat C. SIll~1I Bdww l!. OIIlao Ocollroy S. Shull Alben H. MatiMa lohM' I, Deily 1111101hy M, Aniline 5CCCl D. MO<lI'r Law Ofticos SAIDIS, GUIDO, SHUFF & MASLAND A rkOrlIlIONAI, (Oa'OlnnUN 16 WClII HIGh Slreet. Pml Ofti"C Box '60 Carlllle, Peooaylv&llll 111113 Tolophonc: (111) 243.6211- FIClilmUe: (117) 243.6486 waS Sbarc Ofllto: 2100M.b1So..., CIolplUl~I'^ 1'lU1I ltlc:pI\l1IKl ('lIT) 737.)4C1' P...bnllf' (1171 m.:IoI07 Rtply1\l ~ jl,\ $. JunO 27, 1995 CER'1'IFIED HAIL R!GUL1.Jl MAIL Mr. OllIe Carey 116-318 North Ranover Street Carlisle, fA 17013 ROI purchase of 116-118 North Honover Street Carlls1e, PA ]7013 Oeor Mr. Carey; Mr. Lash has advised UP that your monthly installment payment due p~r8uant to paragraph 2 of the Agreement of Sale dated January 27, 1994 has not heen paid. In addition, various real estate taxes are Qurrontlyin delinquent status, thereby making you in default of your obligation under paragraph S of the aforesaid Agreement. This letter shall constitute the written notice reqllired pUrlluant to said Agreement. If you do not pay the monthly installment due and the delinquent taxes within 10 days of this date, tha Sellers shall avail themaelves of ony ond all remedies available to them pursuant to paragraphs 13 and 16 of the aforementioned Aqreement, very truly yours, SAlDIS, GUIDO, SHUFF & MASLANO Edward E. Guido ~BG/IlP eCI RUBS Lash .Bdwa~dlterJc:er 1 Esquire .. I l -I "C1' ~_'f ~.I){ NEVIN B. CRUM, SHERRIE A. CRUM,: RUSSELL C. LASH and ORPHA J. LASH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. DALE CAREY, NO. '1):- J 71'1 CW;.J -r..- 1995 CIVIL ACTION - LAW VERIFICATION Defendant I verify that the statements made in the foregoing Complaint for Confession of Judgment are true and correct to the best of my 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: July 11, 1995 By,;ah,:J)(9 5\\er ,,,-, f\ ~u. NEVIN B. CRUM, SHERRIE A, CRUM,: RUSSELL C. LASH and ORPHA J. LASH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. DALE CAREY, NO. _1f- 311'-1 (l-,;~, "IL- 1995 CIVIL ACTION - LAW Defendant CERTIFICATE OF ADDRESSES I hereby certify that the precise address of Plaintiffs Nevin B. Crum and Sherrie A. Crum, his wife, is Main Street, Fayetteville, Franklin County, Pennsylvania; that the precise address of the Plaintiffs Russell C. Lash and Orpha J. Lashi his wife, is 1759 Lincoln Way East, Chambersburg, Franklin County, Pennsylvania; and that the precise address of Defendant Dale Carey is 267 Lincoln Street, Carlisle, Cumberland County, Pennsylvania. SAIDIS, GUIDO, SHUFF & MASLAND Date: July 11, 1995 '~ By:~l- . Timothy . An ne supreme Court ID #44879 2109 Market Street Camp Hill, PA 17055 Telephone: (717) 761-1881 Counsel for Plaintiffs '- <=: ~ ;.t, ~ -l f. ,...., (. j c::;.t. "'" ~ t . .., VI 0 ;.:.... ~\ :::.r.: .... " .~ -:; ,..; .l:v ~. t..r1 ' " .of) ~ '8 ~ , t \ .... \.., " I \ .... -<l f "\