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HomeMy WebLinkAbout02-5731FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, PNC MT 2000-1 7105 CORPORATE DRIVE PTX-B35 PLANO, TX 75024 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff V. NO. CQ -,973/ CUMBERLAND COUNTY TIM L. WICKARD HEATHER A. WICKARD 692 SOUTH MIDDLESEX ROAD CARLISLE, PA 17013 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 4446100 T.1N IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, PNC MT 2000-1 7105 CORPORATE DRIVE PTX-B35 PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: TIM L. WICKARD HEATHER A. WICKARD 692 SOUTH MIDDLESEX ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/7/99 TIM L. WICKARD made, executed and delivered a mortgage upon the premises hereinafter described to BROADVIEW MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1587, Page 31. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 3/1/02 and each month thereafter are due and unpaid, and by the terns of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $173,547.48 Interest 10,395.54 2/1/02 through 10/1/02 (Per Diem $42.78) Attorney's Fees 1,000.00 Cumulative Late Charges 771.24 12/7/99 to 10/1/02 Cost of Suit and Title Search 550.00 Subtotal $186,264.26 Escrow Credit 0.00 Deficit 956.41 Subtotal 956.41 TOTAL $187,220.67 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $187,220.67, together with interest from 10/1/02 at the rate of $42.78 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FED I,AN A^NIVInx P By: raiF ncis SF FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL that certain tract of land situate in the Township of South Middleton, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: . BEC INNING at a point in the centerline ofYork Road (S.R. 74), said point marking the common point of adj diner of the within described tract. Lot #6, and the centerline of York Road; thence departing from Lhe centerline of York Road, and extending along Lot #6, North 31 degrees 49 minutes 52 seconds East. through a steel pin set on t to northeastarnmost dedicated right-of-way line of York Road, a distance of 30.0 D fact from the origin of this call, fora total distance of 430.00 feet io a steel pin at Lit #8; thence extending along Lot #8, South 58 degrees 10 minutes 8 seconds East, through a concrete monument set on the westernmost dedicated right-of--way line of Middlesex Road, a distance of 41.01 fat from the terminus of this call, for a total distance of 131.66 feet to a point in the centerline of Middlesex Road; thence extending in and through the centerline of Middlesex Road, South 8 degrees 6 min Rtes 7 seconds East, for a distance of 39535 feet to a railroad spike set in the center of said roadway at other lands quitclaimed unto Harry H. Fox. Jr.; thence exte ading along the last mentioned tract the following two courses and distances: North 66 degrees 16 minutes 34 seconds West, through a steel pin act on the wastemmost dedicated right-of-way line ofMiddiescx Road a distance of 31.88 feet from the origin of this call, for a total distance of 49.23 feet to a steel pin; thence can inuing by said property, South 23 degrees 58 minutes (erroneously stated at 54 degrees in prior Deed) 43 seconds West, through a steel pin set on the north easternmost dedicated right-of--way line of York Road, a distance of 30.28 fact from the terminus of this call, for a total distance of 121.04 feet to a railroad spike set in the centerline of York Road; thence extending in and through the centerline of York Road, North 58 degrees 10 minutes 8 seconds Wast, for a distance of 353.24 feet ti a point in the centerline of York Road at Lor#6, said point marking the place of B[IOWNING. CONTAINING 2.2968 acres to the dedicated right-of-way and 2.8064 acres to the eenterlina of the roads, and being designated as Lot #7 on the final plan of solid vision ofLibarty Estates prepared by Stanley Iarmolenko, Registered Surveyor, dater October 27, 1992 and recorded in the Office of the Recorder of Doeds in and for Cumberland County, Pennsylvania in Plan Book 67, Page 128. 692 SOUTH MIDDLESEX ROAD VERIFICATION BRANDON SCIUMBATO hereby states that he is FIRST VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec relating to unswom falsification to authorities. .4904 DATE: 11 25 ) N o ? F c> c rn,_ C f: t-, t N ?r ;n (D SHERIFF'S RETURN - REGULAR CASE NO: 2002-05731 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE NATIONAL ASSOCIATION VS WICKARD TIM L ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE ran W7ATT4RR F was served upon the DEFENDANT , at 1739:00 HOURS, on the 16th day of December , 2002 at 5 ROBIN DRIVE CARLISLE, PA 17013 HEATHER WICKARD by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 19.45 Sworn and Subscribed to before me this 3,,A day of A.D. rothono? t? a y So Answers: 4-- 1 R. Thomas Kline 12/17/2002 FEDERMAN & PHELAN By: 1/L/?/? c --- Deputy Sh ff SHERIFF'S RETURN - REGULAR CASE NO: 2002-05731 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE NATIONAL ASSOCIATION VS WICKARD TIM L ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE WICKARD TIM L was served upon DEFENDANT the , at 2103:00 HOURS, on the 12th day of December , 2002 at 692 SOUTH MIDDLESEX ROAD CARLISLE, PA 17013 TIM WICKARD by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this J,L,k day of ?? i?wt ?a y aZ00 A. D. P oth?ot? a i • So Answers: R. Thomas Kline 12/17/2002 FEDERMAN & PHELAN By: .? Dep ty Sheriff FEDERMAN AND PHELAN, LLP BY: FRANK FEDERMAN Identification No. 17248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215)_ 563-7000 BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, PNC MT 2000-1 7105 CORPORATE DRIVE, PTX-B35 PLANO, TX 75024 V. Plaintiff, TIM L. WICKARD HEATHER A. WiCKARD Defendant(s). • CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5731 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against TIM L. WICKARD and HEATHER A. WICKARD, Defendant(s) for failure to file an Answer to Plaintifffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 10/2/02 to 1/17/03 TOTAL $187,220.67 $ 4,620.24 $191,840.91 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FE ERMAN, ESQUIRE Attorney for laintiff DAMAGES ARE HEREBY ASSESSED AS INDICATE DATE: PRO PROTHY, r: - - _, ,.,_ FEDERMAIN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 L215)563.7000 BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, PNC MT 2000-1 Plaintiff vs. TIM L. WICKARD HEATHER A. WICKARD Defendant(s) TO: TIM L. TRICKARD 692 SOUTH MIDDLESEX ROAD CARLISLE:, PA 17013 DATE OF NOTICE: JANUARY 6 2003 Attorney for Plaintiff COURT OF COMMON -PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-5731 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE;PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT AIS DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are in default because NOTICE you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 .'1 J rank Federman, Esquire Attorney for Plaintiff r EDERMAN AND PHELA.N BY: FRANK FEDER IAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 BANK ONE NAT=.ONAL ASSOCIATION AS TRUSTEE, ?NC MT 2000-1 Plaintiff vs. TIM L. WICKA m HEATHER A. W.'CKARD Defendant TO: HEATHER,A. WICKARD 5 ROBIN DRIVE CARLISL. PA 17413 DATE OF NOTICE: JANUARY 6 2003 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-5731 ?IZ?oopy THIS FI2M IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTE')NESS REFERRED TO HEREIN, FROM YOU WILL BE USED FOR THAT PUAND Y INFORMATION OBTAINED -IF YOU RECEIVEJ) A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BJT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are-in default beMauOseANT NOTICE appearance personally or by attorne have failed enter a written court your c'efenses or objections to thand file ting th the e claimsnsetlfortthwagainst you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you mar lose your property or other important rights. You should take r:his notice to a lawyer at once. lawyer or cannot afford one, go to or telephoIf you do not have ne the following a off'?.ce to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COSY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 r rani- Federman°°s`?°iJ° ` Equr Attorney for Plaintiff G R w -? Uj Q C C.J? FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, PNC MT 2000-1 7105 CORPORATE DRIVE, PTX-B35 Plaintiff, v. TIM L. WICKARD HEATHER A. WICKARD Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5731 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant TIM L. WICKARD is over 18 years of age and resides at, 692 SOUTH MIDDLESEX ROAD, CARLISLE, PA 17013. (c) that defendant HEATHER A. WICKARD is over 18 years of age, and resides at, 5 ROBIN DRIVE, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK F ERMAN, ESQUIRE Attorney for Plaintiff r., t, - PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, PNC MT 2000-1 Plaintiff, V. ' No. 02-5731 TIM L. WICKARD HEATHER A. WICKARD _ Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of exe'lution in the above matter: Amount Due . $191,840.91 ? Interest from 1/18/03 to 6/11/03 (per diem -$31.54) $ 4,573.30 and Costs TOTAL $196,414.21 RANK F DERMAN, ESQUIRE ne Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. W a ? d a ~ 0 O ? A, H oz a oc o H U `" W aA ?? U ,da w ?C'' ff xw o z "'" U CQ k? 3 U 3Q HW x M O .-r d w H M O d A Q d o ° aa 0.0 ' w W ? Y A o t Na w? - $ ?" > w b u. 3 j ALL that cettaio VW of land sittiike la the Township of South Middleton, County of Cumberland Comtaoawealth of Femur ivaoia, being more particularly bounded and described as follows, to wit: BEGiNNIIdQ at a point OfYork Road S.R 74)said point marking the common ofthe witbhtdtxaibed LO C ne o j r," ttaet. Lot and the centerline of York Road; thence departing from the centerline fY,? Road` and extending along Lot Nam 31 degrees 49 minutes 52 seconds East, through a steel pin set on Aplo northefigernmost dedicated righ6of-way line of Yak Road, a distance of 30.00 feet from the origin of this call, tit, a total distattee Of 430.00 feet to a sled pin at Lot M8; thence extending along Lot M8, South 58 degrees 10 miny? 8 sewnds East, through a Coaaete mouttment set on the westernmost dedicated right-of-way line of Middleaw Road. a dlstmee of 41.01 fat lien the terminus of this call, for a total distance of 131.66 feet to a point in `Ita centerline ofbfiddlem Road; therta extending ;a and through the centerline of Middlesex Road, South 8 dcggv 6 minutes 7 seconds East, for a distance of.39535 fat to a railroad spike set in the center of said roadway at od*K lands quiteWmed Unto Harry & Fox. Jr.; t6eaee extending along the las: mentioned tract the following two cour.1w and dblancm North 66degrm 16mmu0a34seconds West, through a steel pin set on the westernmost dedtcat* right-of--way line ofMiddlam Road a Ast_ .e of 31.83 feet from the origin of this call, for a total distance of 49.2a- feettoastcelpin; *C=MeinuizlBbyaudproperty, South 23degrees 58minutes (erroncousl stated at 54degrcx. in prior Deed) 43 seconds West, tbrOUBh asoedpin set on the northeastcmmost dedicated right-of--way line of Y.ay, Road. a distance of 30.28 feet fiom the terminus of this call, for a total distance of 121.04 feet to a railroad sp4 M in the centerline of York Road; thence extending in and throt,gh the centerline of York Road, North 58 degtcq 10 minutes 8 seconds Weaq fora dtwd=- of 353.24 feet to a point in the centerline of York Road at Lotk6, saw point marking the place of BECIINNING. CONTA1NII 0 2.2%8 axes to the dedtta cti tight-of-way and 21064 acres to the centerlinc of the roads, and being designated as Lot M7 on the final planofsubdivisiooof liberty Estates prepared by Stanley Jarmolenko, Registcr4 Surveyor. dated October 27. 1992 and mcmw in the Oface of the Recorder of Deeds in and for Cumberia 4 County. Pennsylvania in Plan Book 67, page 128. BEING KNOWN AS 692 SOUTH MIDDLESEX ROAD, CARLISLE, PA 17013 TAX PARCEL # 40-10-0638-046 TITLE TO SAID PREMISES IS VESTED IN TIM L. WICKARD AND HEATHER A. WICKARD, HUSBAND AND WIFE BY DEED FROM TIM L. WICKARD DATED 12/13/1999, AND RECORDED 12/15/1999, IN DEED BOOK VOLUME 213 PAGE 194. ?LT FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, PNC MT 2000-1 Plaintiff, V. TIM L. WICKARD HEATHER A. WICKARD Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5731 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. RANK +FEERMAN,_ESQUIRE Attornef ATTORNEY FOR PLAINTIFF C; ?-, BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, PNC MT 2000-1 Plaintiff, V. TIM L. WICKARD HEATHER A. WICKARD Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5731 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, PNC MT 2000-11 Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,692 SOUTH MIDDLESEX ROAD, CARLISLE, PA 17013 . 1. Name and address of Owner(s) or reputed Owner(s): Name TIM L. WICKARD HEATHER A. WICKARD Last Known Address (if address cannot be reasonably ascertained, please indicate) 692 SOUTH MIDDLESEX ROAD CARLISLE, PA 17013 5 ROBIN DRIVE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES RYAN WARD ADDRESS TO BE DETERMINED 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MILO CORPORATION P.O. BOX 1010 LOCKPORT, NY 14095 MEMBER 1sT FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 692 SOUTH MIDDLESEX ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 9 2003 ? ? tN? DATE RANK FE ERMAN, ESQUIRE Attorney for laintiff C; BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, PNC MT 2000-1 Plaintiff, V. TIM L. WICKARD HEATHER A. WICKARD Defendant(s). TO: TIM L. WICKARD 692 SOUTH MIDDLESEX ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 02-5731 January 9, 2003 HEATHER A. WICKARD 5 ROBIN DRIVE CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBTERTAAND ANYINFORMATION OBTAINED WILL BE USED FORTHATPURPOSE. IF YOUHAVE PREVIOUSLYADISCHARGEIN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. * * Your house (real estate) at 692 SOUTH MIDDLESEX ROAD CARLISLE PA 17013 IS scheduled to be sold at the Sheriffs Sale on 6/11/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $191840 91 ? by BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PNC MT 2000-1 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P•, Rule 3129.3. NOTICE OF OWNER'S RIGHTS To prevent this Sheriffs Sale, you must take immediate action: i• The sale will be cancelled if you pay to the mortgagee the back payments, e costs and reasonable attorney's fees due. To find out how much you mustpla y , ,youmay charges, call: (215) 563-7000 Y 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the jud ment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) L If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. may find out the price bid by calling (215 563-7000. You 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the'money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unle'.s exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten'(10) days after the distribution is filed. immediately 7. You aftmay also have other rights and defenses, or ways of getting your home back, if you act after 'the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 J ALL that cettaia em of lad s'ta'te In the Township of South Middleton, County of Cumberland 41t0 Con"w"akh Of Fa nrAvvnir4 being more particularly bounded and described as follows to wit: BEGROMOataPoint Inthe' o?YorkRoad S.R74 , said of Ro4 And the within desaxibad &ad. Let M4 the saline of York Road; thpoint ma ence eking the cot he point of ad QUW 8 along Lot North 31 degrees 49 minutes 52 Secondse East, departing through the centerline ofY,," Vor'bleasternmost dtx? I Sk-of-way line of York Road, a distance of 30.00 feet from the on in ft set on ,0 8 of430,00 feet to a Steel pin at jot #8; thence extending along Lot #8, South 58 degrees w of this ?' ?x Se=WS East, tbrott8lt a conarte montiment set on the westernmost dedicated right-of-way line of Middy Road, a distance of 41.01 foot from the taminas of this call, for a total distance of 131.66 feet to a point in elk 6Kattunnta1toe of WWdk= Roadi tbeoce and throw the centerline of Middlesex Road, South 8 degr o , ? 7 seconds Ewd. for a d vancg of t 93JSm feet to a railroad spike set in the center of said roadway at othw (IttiWaimed Unto HwgfL Fox. Jr.; thence Wending along the last mentioned tract the following two courSgW ghto? f = liter M 66 degrees 16 mtoupa 34 Seconds West, through a steel pin set on the westernmost dcdua4* y fddiaexRosdsdisof31.89feet from theorigin ofthis call,foratotal distanceof49.ay feet t- acted pin; thence cOutintligg inprior ked)43secondsW bY?pro?,South 23degrees 58minutes (erroneouslystated at54degrtx. in aDi43 Se30.28 feet tom the ? pin set on the northcasternmost dedicated right-of-way line of Y.oy Road. distance o ofYolk Road; thane us of this call, for a total distance of 121.04 feet to a railroad sFQi se its o the thew is8trteflee z yock fora extetdm8 in and through the centerline of York Road, North 58 degrt:4 West, desbiree of 35324 feet to a point in the centerline of York Road at LoCl6, S44 1 point 0 m nutesng the place of BEGtNN1NG. CONTgII,(IIdG 227%0 8 an to the dal8nated as Lot #n the gpd dedkSW right-of_Way and 2.8064 acres to the centerline of the ro ads, and beir Sttrveyor, dated October 27, 1992 and f3abdhiSion Estates prepared by Stanley Jarmolenko, Register County, Fa?ylvanin in Flan Book 67, Fs is the Office of the Recorder of Deeds in and for Ctuntxrlea,t BEING KNOWN AS 692 SOUTH MIDDLESEX ROAD, CARLISLE, PA 17013. TAX PARCEL # 40-10-0638-046 TITLE TO SAID PREMISES IS VESTED IN TIM L. WICKARD AND HEATHER A. WICKARD, HUSBAND AND WIFE BY DEED FROM TIM L. WICKARD DATED 12/13/1999, AND RECORDED 12/15/1999, IN DEED BOOK VOLUME 213 PAGE 194. -?- _. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-5731 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, PNC MT 2000-1 Plaintiff (s) From TIM L. WICKARD, 692 S. MIDDLESEX ROAD, CARLISLE PA 17013 and HEATHER A. WICKARD, 5 ROBIN DR., CARLISLE PA 17013.'- (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 692 S. MIDDLESEX RD., CARLISLE PA 17013 (SEE ATTACHED LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $191,840.91 L.L. $.50 Interest 1/18/03 TO 6/11/03 @ $31.54/diem $4,573.30 Atty's Comm % Due Prothy $1.00 Arty Paid $132.90 Other Costs Plaintiff Paid Date: JANUARY 21, 2003 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. CURTIS R. LONG Protho tary By: Deputy Address: ONE PENN CENER @ SUBURGAN STATION 1617 JFK BLVD., SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, PNC MT 2000-1 CIVIL ACTION VS. TIM L. WICKARD ) CIVIL DIVISION HEATHER A. WICKARD ) NO. 02-5731 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, FRANK FEDERMAN, ESQUIRE attorney for BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, PNC MT 2000-1 hereby verify that on 1/17/03 & 4122/03 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: May 8, 2003 FRANK FEDERMAN, Attorney for Plaintiff 0 0 w F N 00 ?ao a? w ad. azd ?zw a Awe rw?0a I I R ryi, -gyp R b ? zdo 5 l 3003 d1Z VIO2I :l 03l! ?i N sOOZ L t N/? F LL£OOSVOOO 00930 Vt ZO [T-i 53Md6 A3Nlld Z ?1$0d *y Q ? s Oo er) .4 M v a a w Iz- 4 z c? o r ' " a N n ON m cl >, a U rA F U U a°. w w- O C IY W a E'' w? o i 0.4 Pppyy U U w iY F c W oU F., p W W ? FQ+ C cn ?l t- q V O tQ? A A " ? ?A fs, ? ° d U? F ? wA ° p O ,?? UQ Ux ?x l w w0 ° 3 a5 ° o a dC ? 0 o p z z F?o wx x? do ?a wo ?° zz [Hen > y.U H? U E * a z * wT o ? N M If V1 ?O (? 00 U ? N M V' Vl z? C H w O O et W F 00 00 do ?Ww ?W~ ?ua wq? a o II Ii a £016G 3003d1Z Woaj 031 IbW 2001 ZZ adb it£00£0000 53AA08 A3Nl/d C _ =a Am . 5 y ` -- A . „ n 00 PL O H N _ ? ya O f+ ? MO Q~ W O a ? a U b a ° A 4k o 7 45 0 ?z?? app ? o o ? y x? a V O ? oa a T s t ?,o z > z UA ABU a F? ,u ` t w ¦ it * v v z w ? CO) w T O 9 p ? y 00 O\ M V v1 z .1 :a H a 7 C t7 r J i ?? X111 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Bank One N A TR is the grantee the same having been sold to said grantee on the 11 th day of June A.D., 2003, under and by virtue of a writ Execution issued on the 21 st day of Jan, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 5731, at the suit of Bank One N A TR against Tim L Wickard & Heather A is duly recorded in Sheriff's Deed Book No. 257, Page 4328. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D.2003 Recorder of Deeds Bank One National Association as In The Court of Common Pleas of Trustee, PNC MT 2000-1 Cumberland County, Pennsylvania VS Writ No. 2002-5731 Civil Term Tim L. Wickard and Heather A. Wickard Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on February 11, 2003 at 9:08 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Tim L. Wickard, by making known unto Tim Wickard, personally, at 315 Juniper Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on February 10, 2003 at 8:51 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Heather A. Wickard, by making known unto Heather Wickard, personally, at 5 Robin Drive, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 04, 2003 at 4:56 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Tim L. Wickard and Heather A. Wickard located at 692 S. Middlesex Rd., Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Tim L. Wickard, by regular mail to his last known address of 315 Juniper St., Carlisle, PA 17013. This letter was mailed under the date of April 04, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Heather A. Wickard, by regular mail to her last known address of 5 Robin Drive, Carlisle, PA 17013. This letter was mailed under the date of April 04, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Bank One National Association as Trustee, PNC MT 2000-1. It being the highest bid and best price received for the same, Bank One National Association as Trustee, PNC MT 2000-1, of 7105 Corporate Drive, PTX-B35, Plano, TX 75024, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,070.84, it being costs. Sheriffs Costs Docketing $30.00 Poundage 21.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 10.35 Certified Mail Levy 15.00 Surcharge 30.00 Law Journal 465.35 Patriot News 337.90 Share of Bills 25.24 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $1070.84 Sworn and subscribed to before me This _j Ad day oql-? 2003, A.D. L p pA thonotary So Answers: R. Thomas Kline, Sheriff BY j6OLq Sht?,(L, Real Estate Deputy Sv D 3 1? o? tk `'lain 1j9L3?/ Real Estate Sale # 26 On February 6, 2003 the sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA known and numbered as 692 S. Middlesex Rd., Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 6, 2003 By: Real Estate Deputy r THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin) ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of April and the 6th ct matter of pub) cationticeeor printed day(s) of May 2003. That neither he nor said Company is interested in the subjeand character said advertising, and that all of the allegations of this statement as to the time, place of ar true; and That he has personal knowledge of the facts aforesaid and is duly authorized) and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. . r . ?.... . . O&A PUBLICATION . ... 4 ......... t day of y 2 A.D. ? 's 14 COPY rial S al O S A L E #26 ell, No ary Public / C t4 REAL ESTATE SA LE No. 26 Writ no. 2002-5731 rg, Dauphin Coun Expires June 6, 2006 NOT RY PUBLIC N(DT Bank Civil One Term National Member, Pennsylvania Association Of Notarily commission expires June 6, 2006 M Association As Trustee PNC MT 2 000-1 vs CUMBERLAND COUNTY SHERIFFS OFFICE Tim L. Wlckard and Heather A. Wlckard CUMBERLAND COUNTY COURTHOUSE Atty: Frank Federman DESCIMPTION CARLISLE, PA. 17013 ALL THAT CERTSIN tract of land situate in the Township of South Middleton, County of f Statement of Advertising Costs Cumberland and Commonwealth o Pennsylvania, being more particularly bounded To THE PATRIOT-NEWS CO., 'Dr. and described as follows, to wit: BEGINNING at a point in the centerline of York For publishing the notice or publication attached Road (S.R. 74), said point marking the common point of adjoining of the within described tract, hereto on the above stated dates $ 336.15 Fee(S) $ 1 .75 Notar Lot #6, and the centerline of York Road; thence departing from the centerline of York Road, and y Probating same $ 337.90 extending along Lot #6, North 31 degrees 49 Total minutes 52 seconds East, through a steel pin set on the northeastern- most dedicated right-of-way line of York Ro. a distance of 30.00 feet from the Publisher's Receipt for Advertising Cost origin of this call, for a total distance of 430.00 The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general costs and certifies that the same have ti on circulation, hereby acknowledge receipt of the aforesaid notice and publica been duly paid. By .................................................................... feet to a steel pin at Lot #8; thence extending along Lot #8, South 58 degrees 10 minutes 8 seconds East, through a concrete monument set on the westemmo?t dedicated right-of-way line of Middlesex Read, :i distance of 41.01 feet from the terminus of this r,'I, for a total distance of 131.66 feet to a p, -t in the centerline of Middlesex Road; thence extending in and through the centerline of Middlesex Road, South 8 degrees 6 minutes 7 seconds East, for a distance of 395.35 feet to a railroad spike set in the center of said roadway at other lands quitclaimed unto Harry H. Fox, Jr.; thence extending along the last mentioned tract the following two courses and distances; North 66 degrees 16 minutes 34 seconds West, through a steel pin set on the westemmost dedicated right- of- way line of Mid - sex Road a distance of 31.88 feet from the in of this call, for a total distance of 49:21 feet to a steel pin; thence continuing by said property, South 23 degrees 58 minutes (erroneously stated at 54 degrees in prior Deed) 43 seconds West, through a steel pin set on roost dedicated tight-of-way; lime R©ad, a distunce of 30.28 fat from the terminus of this call, for a toter distance of 121.04 feet to a railroad spike set in the centerline of York Road; thence extending in and through the centerline of York Road, North 58 degrees 10 minutes 8 seconds West, for a distance of 353.24 feet to a point in the centerline of York Road at Lot #6, at a point marking the place of BEGINNING. CONTAINING 2.2968 acres to the dedicated right-of-way and 2.8064 acres to the centerline of the roads, and being designated as Lot #7 on the final plan of subdivision of Liberty Estates prepared by $ta6l,v Jarmolenko, Registered Surveyor, dated Oct • 27, 1992 and recorded in the Office of the I Eder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 67, Page 128. BEING KNOWN as 692 South Middlesex Road, Carlisle, PA 17013. TAX PARCEL #40-10-0638- 046. TITLE TO SAID PREMISES is vested in Tim L. Wickard and Heather A. Wickard, husband and wife, by deed from Tim L. Wickard dated 12/13/ 1999, and recorded 12/1511999, in Deed Book Volume 213, Page 194. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 25, MAY 2, 9, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 26 Writ No. 2002-5731 Civil Bank One National Association as Trustee PNC MT 2000-1 vs. Tim L. Wicitarcl and Heather A. Wickard Atty.: Frank Federman ALL that certain tract of land situ- ate in the Township of South N id- dleton, County of Cumberland, Com- monwealth of Pennsylvania, being more particularly bounded and de- scribed as follows, to wit: BEGINNING at a point in the centerline of York Road (S.R. 74), said point marking the common point of adjoiner of the within de- scribed tract, Lot #6, and the cen- terline of York Road; thence depart- ing from the centerline of York Road, and extending along Lot #6, North 31 degrees 49 minutes 52 seconds East, through a steel pin set on the northeasternmost dedicated right- of-way line of York Road, a distance Marie Covrik, Editor TO AND SUBSCRIBED before me this 9 day of MAY, 2003 ?•r ? 0.y'{yl lei r.5 ;.s'9 y ^33 .. iTs.?. cold 9y Coen io ? 5, 2?6 Of 30.00 feet from the origin of this call. for a total distance of 430.00 feet to a steel pin a Lot #8; thence extending along Lot #8, South 58 degrees 10 minutes 8 seconds East, through a concrete monument set on the westeriunost dedicated right- Of-way line of Middlesex Road, a distance of 41.01 feet from the termi- nus of this call, for a total distance of 131.66 feet to a point in the cen- terline of Middlesex Road: thence extending in and through the centerline of Middlesex Road, South 8 degrees 6 minutes 7 seconds East, for a distance of 395.35 feet to a railroad spike set in the center of said roadway at other lands quit- claimed unto Harry H. Fox, Jr.; thence extending along the last men- tioned tract the following two courses and distances: North 66 degrees 16 minutes 34 seconds West, through a steel pin set on the westernmost dedicated right-of-way line of Mid- dlesex Road a distance of 31.88 feet from the origin of this call, for a to- tal distance of 49.23 feet to a steel pin; thence continuing by said prop- erty. South 23 degrees 58 minutes (erroneously stated at 54 degrees in prior Deed) 43 seconds West, through a steel pin set on the northeast- ernmost dedicatee) right-of-way line of York Road, a distance of 30.28 feet from the terminus of this call, for a total distance of 121.04 feet to a railroad spike set in the cen- terline of York Road; thence extend- ing in and through the centerline of York Road, North 58 degrees 10 minutes 8 seconds West, for a dis- tance of 353.24 feet to a point in the centerline of York Road at Lot #6, said point marking the place of BEGINNING. CONTAINING 2.2968 acres to the dedicated right-of-way and 2.8064 acres to the centerline of the roads, and being designated as Lot #7 on the final plan of subdivi- sion of Liberty Estates Prepared by Stanley Jarmolenko, Registered Surveyor, dated October 27, 1992 and recorded in the Office of the Re- corder of Deeds in and for Cumber- land County, Pennsylvania in Plan Book 67, Page 128. BEING KNOWN AS 692 SOUTH MIDDLESEX ROAD, CARLISLE, PA 17013. TAX PARCEL #40-10-0638-046. TITLE TO SAID PREMISES 1S VESTED IN Tim L. Wickard and Heather A. Wickard, husband and wife by Deed from Tim L. Wick- ard dated 12/13/1999, and record- ed 12/15/1999, in Deed Book Vol- ume 213 Page 194. ?>w