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HomeMy WebLinkAbout03-0571 BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW YS. ACTION OF MORTGAGE FORECLOSURE SHEILA M. GROSS Defendant i)3 - .5' 71 L'!t'.tiJ THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTlNGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the 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 claim in the Complaint of 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES, LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE, SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE, PA 17013 717-249-3166 BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. Defendant ACTION OF MORTGAGE FORECLOSURE ?l..t" D3.::r'l/ ~ ~.#'- SHEILA M. GROSS, COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE, a national association acting through its servicing agent, Homecomings Financial Network, Inc., whose address is 9275 SKY PARK COURT, SUlTE 300, SAN DIEGO, CALIFORNIA 92123. 2. Defendant, SHEILA M. GROSS, is an adult individual whose last known address is 1880 MCCLURES GAP ROAD, CARLISLE, PENNSYLVANIA 17013. 3. On or about, January 22,2001, the said Defendant executed and delivered a Mortgage Note in the sum of$61,950.00 payable to HOMECOMINGS FINANCIAL NETWORK, INe., which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment ofthe same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1665, Page 366 conveying to original Mortgagee the subject premises. The Mortgage was further assigned to Bank One, National Association, as Trustee and was sent for recording. Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 57 WATERSIDE DRIVE, CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner ofthe property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on October 01, 2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $60,562.58 Interest at $19.56 per day From 09/01/2002 To 03/01/2003 (based on contract rate of 11.6250%) $3,540.36 Late Charges $30.97 From 10/01/2002 to 03/01/2003 $154.85 Attorney's Fee at 5% of Principal Balance TOTAL $3,028.13 $67,285.92 **Together with interest at the per diem rate noted above after March 01,2003 and other charges and costs to date of Sheriff s Sale. 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 that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 by sending to Defendant, by certified and regular mail, a copy of the Combined Act 6/91 Notice. A true and correct copy ofthe Combined Act 6/91 Notice is attached hereto as Exhibit "C". 10, Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or has been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 11.6250% ($19.56 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff s Sale and for foreclosure and sale of tho property within d""riboo. By' -if/ii/Ii}! rJz 1 PURCEg.i, & HALLER Leon P. Haller, Esquire Attorney for Plaintiff J.D. # 15700 1719 N. Front Street Harrisburg, P A 17102 (717-234-4178) , Image Print . Page I 00 . .~ 'l'~: l< '"NOTE; '" - :,',"" ~:' ""-' ,'- ,":.'. '.:::.'. ,'_Y > "1-'- .:':. _._,' OERtlflm Tl\U,t COP:Y .... ....:..A$ ..,-'.,,,,... '., "'.' .,1\1,:.., *~~~.: ,.... ~~. ~2. *~li:t: ..,....~x....,. :~l!1"'~it 'd~ .;.-.}. ~..,~.~~~~:p.i~~...'~t,.~~....~.9 ,~,~. 'i{ , " _ ,-'..' -. .". > ,n'._, ,_ .'> 'J;~~rSj~~~'i~~~iJ~t.,l '~~.O(~"!MlIilii\t;bai.a;.."." "") , ...RtlIIil... .... .'. .,..IIe. -.'" ...'... .,' '.' ....'........ 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'. ..~t~~'Sot t'lUSNOTE... >>, " .. ...'....J(~.tbliACl1liif: . ~ ~~1.t:.l!dl.f-,~,~~._,IIlI;Ot~.~.~..Itl.. ~~tiq~.. lJliI;'faJl.~~.,.AD7~qo,iJ'i~.:~~iIlIllUll.1IalaNdtr. ..~lddcl..,..' ~.....~:OIIetlllejj_ljpl~~~iJJ lJt..~.~ 1lir~"",~~ --.Ilf:l ot-t-'\r oI~~~_1IIlIf-NM..ne NoiiI'.HDWiItI:llllY~utit~ iliiilGidifSffilit.... ...... ..lvl4~iIt,___ii1J.,;_.~.'Ilafi,;,r.'<r~:..~"t\ll,' . '1i,~tO ~~'~~Ute;~"ii~~Illli'NO~ ,.. .,......, ".,'",... .~ '.' ...... <, . .... .~..... '. .'..,........ .. .. ~~:*.'~,~..'~~..~l!J.I~1 ...,t,..,d~~'~..,' ~._BI!'lififit~:' '. '."..t~_lIli!~.ot~.~""dH,: :~~~~~~~:....~~;_"'(ii~: .......' ,.,...,..,.' ,. ",',,'. ~Jooa. UUI.' l'~aIf..JlP':.' '..' , :.~~ "~jllODl;f :""'~~! https:/ /imaging.homecomings.comJimageview/PrintImages.asp?DocurnentID=92790 11 &Page... 6/19/02 " Image Print Page 3 on ," ~ .\\irt#~:~(i~~<~~(~~~~~~~MJ ~ .,'" ......,.":~:;ft}.~,~ .~.;_.. . tsnQ.: ~, ~: ~:~,..~~,~~,;: . ~.. .....~~:".~ . ~)o ~. . . (St:tlt) "',';"", . .~" ,~;~,~ ~: ..;(i...." ~" '4lrOiI~...' 'n1';'<;;'4.'.~:OW':::".:. ..,..~!'.,., -- ~"" <...,.r.rJ, tocD3"oU: .B' '~~f ,.......~. ,.;.,),~..~...: https:llimaging.homecomings.comlimageview/Printlmages.asp?DocumentID=92790 11 &Page... 6/19/02 Image Print Page 33 004 LEGAL DESCRIPTION ALL THAT CERTAIN three tracts of land situate In lower Frankford Township, Cumberland County, PennSylvania, bounded and described as follows: =====~=:=========:========:============~==-===:=======~:============== TRACT NO.1: BEGINNING at an iron pin and stake at the corner of land of Paul R, Young and Russell L. Mackey, et al; thence along the line of land of Paul R. Young, crossing a private road and through an iron pin on the southern side thereof, South 44 degrees 30 minutes West 200 feet. to an iron pin: thence by the same land and the same course, 35 feet, more or less, to the low water line of the Conodoguinel Creek; thence by the said low water line, North 75 degrees 39 minutes West, 60 feet to a point on line of tand conveyed or about to be conveyed to Afverta M. Fry; thence by the latter land, North 44 degrees 30 minutes East, 35 feet, more or less, to an iron pin; thence by the same land and the same course, 211.29 feet, crossing a private roael, to an iron pin on the line of land of Russell L Mackey, et al; thence by the latter land, South 65 degrees 18 minutes E,asl, 55,14 feet 10 the Place of BEGINNING, said desCIiption being in accordance with a SUl\Iey thereat by Roger Sf. Germain & Associates, dated September 26, 1961. TRACT NO.2: BEGINNING at a slake at line of other land of K. Swartz; thence by said land, South 44 degrees 30 minutes West, a distance 0'225 feel, more or less, to the low water mark of the Conodoguinet Creek; thence by the same up the creek, North 52 degrees 15 minutes West. a distance of 51,5 feet to a point: thence along lands of Chester Fry, North 44 degrees 30 minutes East, a distance of 231 feet to a stake; thence by the same, South 45 degrees 30 minutes East, a distance of 50 leet to a stake, the Place of BEGINNING. CONTAINING 0.27 acres, more or less. TRACT NO, 3; BEGINNING at an iron pin at the corner of land of Chester L. Fry and wife and Russell L. Mackey, at 81; thence along the line of land aforesaid of Chester L. Fry and wife, crossing a private road, South 44 degrees 30 minutes West 211.29 feet to an iron pin; thence by the same land and the same course, 35 feet, more or less, to the low water line of the Conodogurnel Creek; thence by the said low water line, North 75 degrees 39 minutes West 120 feet to the line of land of Brinton F. Forney and wife; th~l'lce by the latter land, North 44 degrees 30 minutes East 35 feet, more or less, to an iron pin; thence by the same land and the same course, crossing a private road 234.38 feet to an iron pin on the line of land of Russelll. Mackey, et al; thence by the latter land, through an iron pin in the center of said line, South 65 degrees 18 minutes East 110.28 feet to the Place of BEGINNING; said description being In accordance \\Ilth a survey thereof by Roger St Germain & Associates, dated September 26, 1961. BErNG the same premises which Lee E. Grove and laura Grove. by Deed dated and recorded ellen date herewith granted and conveyed unto Sheila Gross, Mortgagor herein. [~H IbiT"I3J' https:/ limaging.homecomings. comlimageview/PrintImages.asp?DocumentID= 19903 713&Page... 2/2/03 Image Print Page 1 of6 Homecomings Finandal A Gt..fAr CDl")!pt.l:~V lj,;,cel11l1rr liS. :1)(1: Cendled t.J~il. Return Receipt Reques~d 04(1IH64&S 1 Sheil" M Gross 57 WSl<rnide Dr CaTJi~le, I'A 1 'Oi3 Re: Pro[X'rty Addr....." 51 Walaside on"e Corh.lc. P A 171) I :; 1.0'" Number: '>l00.164 S& I A defauJt exist~ undo:r the, Bbove refcrc:ncedMOJtG;\Ge:Decd of 'flUSt lOlln BOlfCc:mml The nction required 10 cure Ire clefnuh i. tile fl.'Y1'k1nt of nU '.\IIos oue \ll'1Oer t.... l\!!,'rtgllg.-irNeo ('If TI'IIOI Joon ngree_, As Ot'lhe dOle "f thi. leuer the lOOt] omcunl due i. $ 1.958.99. ThaI sum includes lhe f<1l]"'..-j"S: , ""ymonts tolalin8: S Uf97.(I5 Late chllrW-"" $ 61.94 (lthert"ecs <I!ld"1[ costs Ni A iJllHpplied fund,; N/A Thc 10101 BtO''''nt clue .hown .hlwc is s"I,iccllo funlter iner""so. for AJdil"1l),)lmoolhly ",,~mcnt'. 1.31< charges, Olll'mey f,,-,... arnh'lt ntb<f fees mt(J CO:ll "'hid, moy b<-c'~ne due. Bfler Ih" dali nflhi" leu,... To obtain an upomc oft.'" lotal amounl due 10 <urr: this default, conla,.; us at 1.8011.206.2901. TO CURE TmS DEFAULT, SEND YOllR CASHIER'S CHECK. kfONEY ORDER, OR CERTIFIED CiiliC).; IN THE AM(ll,JNT OF SO t.9!\ll.99 BY .Ian......' 114. 2110.1 TO THE fOLLO\VL"iG ..\DDRESS H".I~~"llIlnll' Hn~..dlll,P,O, now 78426 I""'"nlx. AZ SS.162-ll426 Ol{ OVERN,IGUT TO: lot45 W. Uunl..p A...nu., Suit. ItNll'h...nl", AZ 1l50l1.2f101. !f the dcl"IIU!t is ""1 ",,,,,d witbin thirty (3(() da).,. d the maili~ of this Idler, the Jender. without furth,.- octice Of d""""""l wull ""cd.mte tll.> m31llrlty dau l,f the NOlC and W,clare all sum. ""cured by tl.., MI)nfl)1l!.ciDood of TtuSl 10 be imml'dialdy due lllllI payable, The I""de, Ih<n mt""ds 10 ha\'e lhe pI(""".ty sold at II public f""edosure ...Ie, Aller .cedeml;olt, II oun"!) of the delimit and ",i".1ala1,,,"t of lhe 101111 will he pem,illed up in the lime of the sol. by PO)'If1l.l,lht f10Sl due moo,thly f<lymenl. lI1ld "l!wr SUltlS Ihen due urKler lhe 1-:!<:>.t1llPge,'l:JeC<l ofTrusll<...._ agreemelU a..J~' oOll1l'lyins with aUI.e1m. of ",instatement )",,\1 ho\'e lhe ri!!hlt" brinp,ll Ct'ur! lICti,,,, 10 """elt Ill<! nnncxi"tenec <,f 0 dcfflUl1 "'My (lIhel defom,e that may OX"'I 10 prel'cnt .<<de...u"" ..><I ..le of the pr"f>Ol1Y, TInS NOTICE IS SENl" TO YOUN /1,'1 ATTEJ..!PT TO COLLE(vl' TIlE INDEBTEDNESS REFERRED TO I'lliRE IN AND ANY INFORMATION OBTAINED FRO"! YOU WILl. Bfi USED H>R. lH..'T P1JRl't.>S5 Sincerely, Loon l"':mmsdinll V"""rt.mo:II HUl HmneccHlllnq:l- HI'lClm::kJI 2111 Nf'tltlt tl(i"t;~1l A'I'f!t'W'e Mille> WXlDCH!I"J'\. T.e~(H 1.~2(U .fU).206':'~' Hnll'ClOtnil1{f:t..eum t~HI6)T"C'1 https:/ /imaging.homecomings.cOmlimageview/PrintImages.asp?DocumentlD=26025214&PageC 2/2/03 , Image Print Page 2 of6 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE nns NOTICE IS SENT TO YOU IN AN AT1E.\iPT TO COLLECT nm INDEBTEDNESS REFERRED TO HEREfN AND ANY INFORMATION OBTAtNEl) mo!\! YOU Wli,L BE USEl) FOR THAT }'1.JRI"OSE This is an 0[["'411 nnlia that the mnrtll"ll" l1n 'our home is in tler,,>>I!. arnJ Ihe len~ intends 10 ("red,,.", Specific i.nfllllllilti\1r."a!x>\!tJMJ.1allln!.9f.tl:huld;'lllllUt>rQriill1'IUIl,llKlIIllll;Ih1Q~ The HOvmOW1\13R'S MORTGAGE ASSIST ANCH PROOIL~HI!EMAl'l mav 11<' "hie t(:. help 10 saw: \'~ llilli.1:i!"'i~~<!:m)D.!!.!~~Im!!YJ~,m~mrro_\'rQ.~ ~_J.LIjE':~.j:&~.gJll hIt!!'_ roo mWlt MEET '''lTH l\ CONSUMER CREon COtJNSF.UN(,T N3E\JCr ~ 30 DAYS OF TH DATE' TIllS NOl1C-:C, 'Ilih tisnotice \\'tlb vol! wllCtH'(lumcet wilh Ihe Col1Jt!lCl ' I 'eru:\', The name. Ildl,tres:; am! J.'I/lOne number "r (\'l1sUl1lef Credit COOl1S<!litl~ lll!encles ,mille \'001' COIJ1I1V nre !if;Ud at the ct"U'Lth;~J:'!c!jKJb1!ll;~_an~~q!!~!!Ql1!;".Y!'l\!JTh'L"'!lt~~nn~:!.l'!!!1u.;Ji(m~jn$~jnanc-'1..,"'l!!'n<;YJQHJt~aU: !:11!1-,:142.,Z3~11..~\'rl(.1!l!L'IltI:UlllJX!Jl"fJ..th~llfiJ,lJl-"'Il!;;lll.(l.l7.Ll1!I!:.lll.i9')' Thi. Noei", C(lfl!atJl$ Im!"'rIlmll<g81 infamlatioll, If y"u h~"e lItly qU"~j"'l$. rqm:.el'l1:Jtives llt the Con.umer Credil Coon.<tlmg ,<\ge.JCY moy be ohle 10 hi'll' Ernpla.n it. You m:.1Y also WOllt fa (",.met llIl att,)ltI;!y 1Il YOUI' Ol'<lo. The locll b&r associal;oo ""'y be able 10 help you lind a lowyer, LA NOTlFlCACION EN ADJL1\lO ES DE SUMA IMPORTA'\lClA, PUES AFECTA SU DERECnO A CONTINUAl-: VIVlENDO EN SU CASA. 51 NO COMl'RBNDE EL COl\TL\NIDO DE ESTJ\ N<XI'IflCACION OBTENGA UNA TRADlJlTION IMMEDIATA\IENTE ILAJl.fANDA ESTA AGENCIA (PENNSYL VANTA HOUSING FINANCE AGENCY) SIN C,\RGOS j\L NUMERO MENC.IONADO ARRIBA PLlEDES SF.R ELEGlBlli PARA UN PRESTA'10 {'OR EL. PROGR..~'\1A LlMt,\I)O "IiO!\.fEOWNER'S El>fl'iRGh"NCY MORTGAGE ASSlST.6oNCE PROGR...:\.\f"' EL CU4L Pl'EDE S.4LVAR SU CAS.4- DE LA PElU)!DA DEL DERECIlO A RED!l.fIR SU lill'tHErIA Dme I)ro"",hcr OS. 2002 TO' ShcilaMGroos 57 WllIerside Dr C\VIi~l:c. PA 17013 Prnmis.es: 57 Wolctsidc f)ri,,, Clllhsl".I'A 17'))3 Re, Leon Numher: ()4(~I,'Ii:l4~llI FROM UQ!1.1~~J!!!~il)tll!!!~1!! https://imaging.homecomings.comJimageview/PrintImages.asp?DocumentID=26025214&Page... 2/2/03 Image Print Page 3 of6 I10MF.QWNERS' E}\[ER("~ENCY MORTGAGE ASSIST ANCEPROGRi\M VOll MA V m;: F:UGIBLE FOR Fl'\L\.NeIAl. ASSl!>"TAN"CF. \\111(:n C..\N SA n: \'OlIR nOMIC FROM F"ORF:CI,osnU:,\NI) IUU'V()1.' I.UKE FUTURE MORTG,\GI'I',\Y\U:Nl:S IF YOU CO~.'lPr.Y \\llll TIlE PRO\lSTONS OF TIlE HOME01.vr-.1'ER'S ITh.ffiRGENCY !\TORTGAGE ASSITANCE ACT OF 1993 (TITE ";\(,T"), YOU l\'fAY BE EDGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE' IF YOUR DEl' AFLI IL'\s BEEN CAUsED BY CIRCUMSJANCES BEY01'll) YOVR C(}Nnw!,. TF YOU HA VB ,\ REASONi\I:lLE PTWS1'EGT OF BEING ABU': III PAY YOUR r-.rOR 1\1 AGE PA YMFJ>it'S. AND IF YOUr-.-iEET CflllER alGlBll..ln' REQI1IREr-.ffiNTS ESTABUSHFJ) BY THE PK"JKSYl.VANIA HOrSING FIN,.\.."lCE AGEN"(7Y n:MI'ORo\R\' ST.-l\' OF f'ORIX~I.OSURE .. Undo, the Act, yo" "'" enlitled t<> a tcmporar}" st.~r of foreclosure (III Y(I\lr mMil'1g~ lor thinS' (31)) doys liOJl1 tm d.\lr~ of thi~ N,)I k.e Du.tins. rm.1 lime; you 1l:W-"" all'llIll!~ end atlend a -[""e-Io-f.",," meetinll with one of Lhc CD.......... credil rounsdill8 "ll"""ies list.ed at Lhc end of tlUs Notice. TJ{JS ~IEl1TL"G I\msT oct\1B "1TlUN nJ~ )\WXT JII DAYS u:. :ron 00 NOT .\1'''1 Y FOR F.MERGE"{rr M.QRIg.h.9K.~~1:?IAi'!t;lLXQ!}.J,1!1;lIJlm.l':IQ.XQ.!.'R.!\:'!"'!l(1]JAGJLIJP_1J;)_QAI.~-,...IHE 1~~I_Q.LIH!~ NQIK'JifAI.!,!!:D~'HQW:rQ(:!:Rfi:YQ~Il{MLlli:Hi,"'()!;Jl!;l",4,1.\!.I",J::X!~!",\IN.~m")iLIQJ~RJN\J)'(lUR M.Cl:I!J:1JAG.EJ.1'...IQ1.1AIIi C:ONSI'\U:R CRI':""" CCmNS~:llNC; A<;f:NC:n;S - If you mo.' with "no of Ill< consumer creJn coun.,ehng "~hCies liSle(j ll\ II>< end .,f1,h.. ,,,,:i<:<', Ih" lenoo may NOTm!" lllC1;nn 9ga''''t you [(If Ihiny' (JIl) day~ ,lI[le, Ih" dm" 01 this '''''''linE' Ih<'."n"mo;s."~<:I.:Ir:c~'!I1>iJ~,!"I!!!~mmt!!~I]""f.,~,,;snaIC4.c,on~.ffi'<!jt~c>:I:J!:I:!!~!u~"~!1cj~sJ"r IMQ,,'lIIJlIY iIlYi:h.i~hlb~I"mjX(lSJ~"'!;i!I"l!ur,,~t!QrthllIJ~endQrllltsN!.>tl~ 11 I' Ollly ~W'.l' 1(.> $clt~dlll. !."lII" fa.e-lo-[acc mceling, ll<h-ise your lender imm.edintdv Df}'Olll" intentions. AI'PLlCATION FOR 1\I0RTGAC.;).:ASSISTANCE - You. n"'r1~. i. in LIt.fauTt ft'T tht "'a"".., <,'II,'r1h litle, in this Not,,,,, (s"" r.,lkw.;ng page!< for speciile infonnalioll abomlhc I\3Iure of your defmdt) ffynu ha,.., tried and lite Ulml>le 1(1 re;;l>lv~ Ihti; rn<"'Tem with the I~Jwel'. you 113,.t the ngllt I,.,. llfll\Jy lOr fUlllllc,el O~I$t.~ (i'{lnllhe HnmeD"'I""". Emer,!<'ll"Y Mortil"S" As:sista.""" Pt-~. To do so, you must fill Dut, .illfl and file a romplcled HOO1CO,,"'wr's 5m."'!ll<'l1cy A~si'I(lI""" f'r<)8f'lln Apph1'311011 wIlh 00.' of lhe .;li!slgWIted ellnmm"'r qedi! coulWehll& 811"1'1"'.8 list,,,,' ill lh. ,'11d "fli.is Nt1li(".<, Cmlr ""n>U:lIkT ''I't'{bt OOWl..ling llgl."",;c.. hll't applic:ulicm.. fo. Ihe pruglum and Ih<)' will a....ist yoo in submilling " complcte appli<:at;')ll to Ihe Pennsylvania Hou.,ing Fimncc l\gmcy \'ou, owlicellon MUST 00 fll~d or 1'000l1lalked wilh'll lhm)' (30) day. ,'I' your r_-Io.face meebng UiNIlI(R CX>NTM1T IN Rt:GARnS TO PI:i'"NSn.\',o\NrA U01)!>'NG "NANn". ;\SSISTANCt. H,)l1lt.'C,)fIlilll!l' Fil1l1l1<.;l1I 271 I NOr1h Hafikdl A.e. Sude 9<.10 Dall.., TeJ<as 752(10; AI111, L"..~ Mit~I"'" Dip;utmm. Slcrhoni~ CtD\lch Phone: 1-8(10-206-290 I. Cxt. 15(06 https:/ /imaging.homecomings.comJimageview IPrintImages.asp?DocumentID=26025214&Page... 2/2/03 . Image Print Page 4 of6 AU, CORRf'sP'ONI)ENn: REGAROING I'Hf"A ASSISTANCE suorw BE J!ORW,\JUJEI) TO 11m AHO\ 'f: REFERF:NC[I) AII.DRf:S.'l. \'OI!"MlJS1' I'IU: YOUR '\PI'UC\TIOC\' l'ROMPTI,l'. 111 Y(m FAIT, TO no so on IF \'01; no NOJ' FOU,OW TIn: OTIIEf~ TIME l'ERJOl.lS SET FORTIl IN nus I"E'ITER, FOIU:(:U~1rRF: MAl' I'ROn;l.,]) AGAL\1ST YOUR HO!\fE 1l\1!\1El>l.ATEL \' AJ\1) YOUR AI'PLlCATION ,FOR MOR'I'(;AGE AS"SIS1ANCE \\1H, Ill: m:I'.'u:o, AGFXCY A{:TION -- A,,,i1ab!e funds for emcq;cl>l>Y mQrI~ ..""islant:e are '''c}. fimi..,d. They will be illsllurscd by thi' I\gMC}' 1\Jl;;lcr thc cllgJblllly m~crla Q~bli.hoo by UN lwl The PCIlII'l}'h'llnlll Housing FlIllIll'" /\gl!ll"}' has Sl:~t)' (6iJ) ililys t" I1llll:c 1I docislOlI elkr Lt recdves )'uur "I'l'tic.t;oo. L~ tI\lIt lime, n" f",.closure rrocc~dm!!" wi!! be JlUIDlcd Il;!lltio.\t }"l:>U If you h",,, met tho limo roquircmonlll set forth ab,,,"o, y"" will be nmifiod dircclly by the I'l'llllSyh'ania 1l0Wiing F iIUJnce AgelK1' of ils ru.'l.i.Sl(m un yu.... "I'l'licll1ion. NOTE: IF YOU ARE C::IlRRF.J\"'TI,\' PROTECTFJ) BY THE FlUNG OF A PETITION IN BANKRIJPTc\', THE FOU,O\\1NG PART 0.' nus NOTICE IS FOR INFORMATION PURPOSES OJI\'I, \' Al\1> SHOllI.J) NOT BE CONSTRt"ED A..~ AN ATTEMPT TO COLl,FA:T mr DEBT (If "00 ban m"d b..nkru~' you "an SWlllPply for E~' Mltrtgl\Il' A"'$llln(~,) now TO CURE YOFR I\fORT<;AGE DlWAUI,T (Brin!! it UP 10 date). N.\n JR.' 0 I' Tin: I) 1"'1,'" 1.11 :r - The MORTGAr.;E debl held h)' the 3b(".. londer on lwr propcny 1000at.d 3~, 57Wale""de Drive. e....l;s]". PA 170].'\ IS SER10tJSL Y IN DEF AU"T b<'c'U$<!, YOU HAVE NOT l\fADE MONTlILY MORTGAGE PAYMEl'i"TS for the t(']klWl~ months and the following amoonts .,." "n... flBSl <h,e' Ivtonlllll' pII}'''k'll1s frOIl1 ]0.'01/(1210 12qll 'fl2 Maling: Late C'h.rees: Oilier fee$ QIId/or 00!;t$ {indu.;l1l1g NSF .hargl!5 and pr(l~tty m.'1:>eCliOl1.~}: [.ESS: Unapplied Funds: TOTAL S 1,897.05 $ 61.9~ N,l;\ NlA 1: 1.958 99 HOW TO ellU: TIlE IlFFAtTLT - You 1I10}' r.ure the d~f'\,ll~ within THlRTI' (.'In) DAYS of Ibe dale "flh,. N<'liee B\' PA\'L'\1G THE TOTAL AMOUNT DUE TO THE LE!Il1>ER., "VHlGH IS S 1.958.!)lI.PLUS A.'<,' MORTGAGE PAYM,ENTS AND LATE CHARGES WHICH BECOME DUE DURING '11m THIRTY (311) DAY PERIOD, P'Wll'ctl(~ mll.l ~ tI1lide either bv ca-;h. CIl''lhiet'" ehoel:. certified d.e<:k t">I m,mev bider mrtd" tm\'ll'bl" end ~q,,,: lIomeelllnings Pi_ldlll. P.O. Dol: 7842:6 Phot'ldl:, AZ 85;062:-8426 OR OVERl\'1GIIT TO: 2445 W. Dunlap Avenue, Suite 100 Plloenb, AZ 85021-2803. IF \'01'1)0 NOT CURE TilE DEFAt1J,r - If)'Oll do Ml = the default wilhin TIIIRTY (:KJ) DAYS of tbe dole \'1' t111~ Notl""', lh~ ~nck-r inltnd. to <urc:i>. I'" ""Ill to ...cd.,...!. th. ...orll......: debt, nu~ me<llt' lhrd the 1;111;1< oUI'tll'nding balance- llr II... okbl wiIl be .lln.id"ted dUt ,mmediutdl' and you mol' (".. the cham;" 10 ",ry 1.11.< rm>trgJ'lg,e in monthly install...ents. If full JlfIyment of the 10Ul] amounl pnst due is not made within 'fHIRl'Y (30) DAYS, the ICllOO[" als,,", ItlIC/)o.l.~ 10 mslruCl.IS ooOITlt.1' ", 8t.10 l<l!;ll! acuon 10 lCr<<:,]0lle ll,"OO y"ur mortgaged I'wpcny, https:/ /imaging.homecomings,comJimageviewlPrintImages.asp?DocumentID=26025214&Page. ,. 2/2/03 . Image Print Page 5 of6 IF TIm 1\IORTGi\G}: IS FORF:CUlSEIl I'PON - Tbe m<'l1pg,'tI pml'elty witt be :!;old I'l" the Shenirlo pay olT lhe m<1rll!"!\<' d<-.bl If t"" l.nder rclen l'our O:lselo it< HlIun,c)', but yeu cure I"" adinqu.",,>' bdore ihe Imder "eains legal pRJC<:",ling.~ nglliw,( Y'''', you will ~tilI be Je"uire<llo pay lhe ,_ooable ounrney', fees lhol were oetually iJlcwred. lip \" S5{/.OO, However. if ]eJllll PllXccilin~ lIIe ~UlItca against yon. Yl'U will hal'e to payaJlIe'<lsonable at:orney's fces "'ctI41!1~' incurred 11)' tile lender. c'"en if they """ecd :!i5IJ,~)I} Ally atloolCy's fe<:>< will be 'l<ldcd In lhe aml'UI11 )\')\1 owe lllii lender. which may alS0 ,"elude Nher reasonable CiJ1<t.', If V{lU tUft tllf- dd"lIult wllltin tht nlfRT\'UfIl l),-\\, ~ri"d. .."" ..III no' 1M' "'qllirNIlo !:lD.' nllnm,,\". f...., K-\.RI.IF..sl' I'OS."'BU: SlIERIF}''S S,\,U: ]),\ 1"E - II is "'-iim.tcd tha\ 'lhe c.rlio51 dalc that sucl1 a Sheriff" s S1\lc nf tlw m')/tg<1Il",i Pr<'I"'l1y ('<'uld I." 11<']d w,'Uld he "l'f>I'..xlm"ld~' ~h (6) lllo..tI." from lhe da1t or Ihis Noll('t'. A nollec l,r the !lCtusl ""Ie or the Sherilfs Sal< will he "'-'!Ilk' yoo before lhc S<lk or COllr:$e. the llI11mllll nl:e~cd 10 <:<$re lhe dcfaul'....ill i~ the lO'll.!Cf roo wart i' OlI may' find OlIt at nor lime c~lr ",h"" the n>qaired payment or actlOll will: he hy CO<ltOOllllg the lender. HOW TO C(}NT ACT TIfF I,F1\llFR: Hllmccom".~ Fil1llTleial 2711 N H",kc Jl, Suite ')tat Dnlln~, TX 752D4 Alln: 1<>&11 Counsclin!;1 Drpmrtmcnt Phon.' ] gOI) 2n6,29111 I;:rn:cr OF 11W SHFRIH"S SAtE - '1'00 should mh;:c thnta Shc:rilfs Sale will end}'\>lJT ''''l1~hil' of the monga~d property and }'our right 10 0<.'CUp)'" If yoo ~'rotin"" to Ii"e III the propert}' after lhe Sherin", Salt. a Inwsuillo ",,,,,we rou and yo"r fumi5hinss lino other belongings ""<tlld be sllUtcd 1>)' Ihe len"'" at ony ti",e ASSUMPTION O~' MORT(;AG~: - y,ltlllwy be able to '\ell or transfCt YOUt home to 0 buyer Orll'lll1s.fetcc u;'ht, will "SIll1l< tile marteaB" debt, prnvickd thst all tile outstnndi"l.' pa)'1I1crus, charges and llltomcr's fees 3nd """IS aTe paid pll()l' to ()I' allbe !-ale and that Ihe v-thcr requij<'tllCt'll5 ,~nhe m()ngafJ,e Me S1i!lsllcd. YOl1 MAY AlSO HAYf:TH.: RI(;HT: TO SELL THE PROPERTY TO OBTAIN MONEY reI PAY OFF mE MORTGAGE DEBT OR 10 BORRmV MONEY FROM ANOT!lliR LENDING lNSmUflON TO PAY OFF TIns DEET, TO HAVE THIS DEFAULT CFRED BY ANY lHIRDI't\RTY ACTING ON YOUR BEHALF https:/ /imaging.homecomings.cOmlimageviewlPrintImages.asp?DocumentID=26025214&Page... 2/2/03 , Image Print Page 6 of6 TO IL" VE nm MORTGAGB RESTORED TO THE SAME POSITION AS IF NO DI.lFAULr Hr\D OCCVRRED, IF YOU CURE TIili DEfAU.T. (HOWEVER. YOU DO NOT HAVE nns RIGHT TO Cl.1kE YOUR DEFAULT MORE THAN THREE TI\!ES IN ANY CALENDAR YEAR ) TO,"","SEIU TlIBNOJ\'EX!SmNCE OF A DBFAm,r IN ANY FORBCLOSUTm PROCEEDlNG OR ANY OTIiliR LAWSVIT lNSTITVTED UNDER THE MORTGAGE nOCI)1\IENTS, TO llSSERT A,"lY OTHER DIiFE.",,'Sli YOU BELIEVE YOU MAY HitVE TO SUCH AC1K.'N BY HIE LENDER TO SEF..K PROTECTION UNTIE!{ TIm FEDERAL Bi\i'\'KRIJPTCY LAW, Sine"rely. Lt'l{ln Coun5ClingDt.llQrtm<nt E!l<'klSUr,,~) Lr..<;t of Coun~;c~iI"Q;Agt"lk"ie:s https:/ /imaging.homecomings.cOmlimageviewlPrintImages.asp?DocumentID=26025214&Page... 2/2/03 VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts Contained in the foregoing COMPLAINT in Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: February 06, 2003 & Haller, Esquire \~ \,--, 2; ~ ~ lV ~ 1-' fA v'. n ~ : '\ l'-., ~ \'\ C ' ~ <0 ~ '1 ,- \ ~ ~ ~ l~ l ~, r') :+-) ':._,/, 1,,-./ C. __~ ) ~) SHERIFF'S RETURN - REGULAR CASE NO: 2003-00571 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE NATIONAL ASSOCIATION VS GROSS SHEILA M KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GROSS SHEILA M the DEFENDANT , at 1815:00 HOURS, on the 24th day of February, 2003 at 57 WATERSIDE DRIVE CARLISLE, PA 17013 by handing to SHEILA M GROSS 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 Service Affidavit Surcharge So Answers: 18.00 3.45 .00 10.00 .00 31.45 .r~~ R. Thomas Kline 02/25/2003 PURCELL KRUG HALLER me this v-- '7 --- day of Sworn and Subscribed to before By: ~ c2.0V-3 A.D. C L'1L--- 0, YLL, '0.0,..1 II~ nprothonotary ,-(1 SHERIFF'S RETURN - REGULAR CASE NO: 2003-00571 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE NATIONAL ASSOCIATION VS GROSS SHEILA M KENNETH GOSSERT I Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TENANT the DEFENDANT , at 1815:00 HOURS, on the 24th day of February I 2003 at 57 WATERSIDE DRIVE CARLISLE, PA 17013 by handing to SHEILA M GROSS 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 Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r~~~~~ R. Thomas Kline 02/25/2003 PURCELL KRUG HALLER me this 7 tC day of Sworn and Subscribed to before By: ~ :2tnJ] A.D. r+rl- (2 ~J/~~) ~ Prothonotary' BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW NO. 2003 571 IN MORTGAGE FORECLOSURE VS. SHEILA M. GROSS, DEFENDANT SUPPLEMNETAL AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller I sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 57 WATERSIDE DRIVE, CARLISLE, PA 17013. 1. Name and address of the Owner(s) or Reputed Owner(s): Sheila M. Gross 57 Waterside Drive Carlisle, PA 17013 2. Name and address of Defendant (s) in the ,Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) : 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 7. knowledge sale: Name and address of every other person of whom the Plaintiff has who has any interest in the property which may be affected by the TENANTS IF ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Cynthia J. Naught 31 Bellaire Avenue Carlisle, PA 17013 Richard H. wix, Attorney 4705 Duke Street Harrisburg, PA 17109 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Aff~'_d it are true and correct to the best of my personal knowledge, information belief. I understand that false statements herein are made subject to h penalties of 18 PA C.S. section 4904 relating to unsworn falsification tau. orities. DATE, July 16, 2003 '1 Haller PA I.D. #15700 I, Krug & Haller 171 North Front Street Ha risburg, PA 17102 (717) 234-4178 ---------. - ' 0 C} 0 5; e.,,::; -~) ,- !Tl L; - , ;:-7 ,-- ..< "'-' e/) ~ i C) " ~, ~.. , ("5 ..<.. ); ~i co ) iT1 :.n , :,.] -'C CD -< BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE, PLAINTIFF VS. SHEILA M. GROSS, DEFENDANT RETURN OF SERVICE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 571 IN MORTG1~GE FORECLOSURE I hereby certify that I C In the U.S. Mails at Harrisburg, pennsyl vania on 0 at I', a true and correct copy of the Notice of Sale 0 R al E ta e pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows: Sheila M. Gross 57 Waterside Drive Carlisle, PA 17013 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Cynthia J. Naught 31 _ll"ire Avenue earlisl.e, PA 17013 Richal:d H. Wix, Attomey 4705 Ulke Stn!et Harrist1Jl:g, PA 17109 B~~ PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, FA 17102 (717) 234-4178 JOHN W, PURCELL HOWARD B. KRUG LEON p, HALLER JOHN W, PURCELL JR BRIAN J. TYLER JILL M. WINEKA LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FORECLOSURE DEPT, FAX (717) 234-1206 JOSEPH NISSLEY (1910-1982} ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD (717)533-3836 NOTICE TO: Sheila M. Gross 57 Waterside Drive Carlisle, PA 17013 Cynthia .J. Naught 31 RPlli'lire Avenue Carl.isl.e. PA 17013 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Richard H. Wix. JI.ttomey 4705 Duke street HaIrisblrg. PA 17109 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any~eing notified of said Sheriff's Sale. ~~~ By: ~_ .< Leon P. Haller PA I.D.15700 Attorney for plaintiff BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. SHEILA M. GROSS, DEFENDANT CIVIL ACTION - LAW NO. 2003 571 IN MORTGl,GE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, SEPTEMBER 3, 2003 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 57 WATERSIDE DRIVE CARLISLE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount which your property is being Commonwealth and County to: of $67,285.92 under or pursuant to sold is docketed in the within NO. 2003 571 THE NAME(S} OF THE OWNER(S} OR REPUTED OWNERS of this property is: SHEILA M. GROSS K:\MKFIDOCSICUMBERLAIGROSS,NOS A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) wil1 be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifical1y of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL those three tracts of land situate in Lower Frankford Township, Cumberland County, pennsylvania. bounded and described as follows: TRACT NO.1: BBGINNING at an iron pin and stake at the comer of land of Paul R. Young and Russell L. Mackey, et al; thence along the line of land of Paul R. Young, cro~ing a private road and through an iron pin on the southern side thereof, South 44 degrees 30 mmutes West 200 feet to an iron pin; thence by the same land and the same course, 35 feet, more or less, to the low water line of the Conodoguinet Creek; thence by the said low water line, North 75 degrees 39 minutes West. 60 feet to a point on line of land conveyed or about to be conveyed to Alverta M. Fry; thence by the latter land, North 44 degrees 30 minutes East, 35 feet, more or less, to an iron pin; thence by the same land the same course, 211.29 feet, crossing a private road to an iron pin on the line of land of Russell L. Mackey, et al; thence by the latter land, South 65 degrees 18 minutes East, 55.14 feet to the Place of BEGINNING said description being in accordance with a survey thereofby Roger St. Germain & Associates, dated September 26, 1961. TOGBTHER with a rigbt-of-way for the purpose of ingress and egress over other lands of the Grantor herein and other owners to the property herein conveyed over a private road from the public road leading from Bergner's Bridge to Bloserville in common with the Grantor, his heirs and, assigns. SUBJECT to the aforesaid right-of-way for ingress and egress in favor of the owner or owners, their heirs and assigns, of the land to the West hereof. TRACT NO.2: BEGINNING at a stake at line of other land of 1(. Swartz; thence by said land, South 44 degrees 30 minutes West, a distance of 225 feet, more or less, to the low water mark of the Conodoguinet Creek; thence by the same up the Creek, North 52 degrees 15 minutes West, a distance of 51.5 feet to a point; thence along lands of Chester Fry, North 44 degrees 30 minutes East, a distance of 231 feet to a stake; thence by the same, South 45 degrees 30 minutes East, a distance of 50 feet to a stake, the Place of BEGINNING. CONTAINING 0.27 acres, more or less. TOGBTHER with a rigbt-of-way for the purpose of ingress and egress over other lands of the Grantor herein to the property herein conveyed, over a private road from the public road leading from Bergner's Bridge to Bloserville in common with the Grantor, his heirs and assigns, said right-of-way to be approximately 1609 feet, more or less, from the said public road. TRACT NO.3: ALL that certain tract of land situate in Lower Frankford Township, Cumberland County, pennsylvania, bounded and described as follows: BEGINNING at an iron pin at the comer of land of Chester L. Fry and wife and Russell L. Mackey, et al; thence along the line of land aforesaid of Chester L. Fry and wife, crossing a private road, South 44 degrees 30 minutes West 211.29 feet to an iron pin; thence by the same land and the same cowses, 35 feet, more or less, to the low water line of the Conodoguinet Creek; thence by the said low water line, North 75 degrees 39 minutes West 120 feet to the line to land of Brinton F. Forney and wife; thence by the latter land, North 44 degrees 30 minutes East 3S feet, more or less, to an iron pin; thence by the same land and the same course, crossing a private road, 234,38 feet to an iron pin on the line of land of Russell L. Mackey, et &1; thence by the latter land, through an iron pin in the center of said line, South 6S degrees 18 minutes East 110.28 feet to the Place of BEGINNING; said description being in accordance with a survey thereofby Roger St. Germain & Associates, dated September 26, 1961. TOGETHER with a right-of-way for the purpose of ingress and egress over other lands of the prior Grantors herein and other owners to the property conveyed over a private road from the public road leading from Bergner's Bridge to Bloserville, in common with the prior Grantors, their heirs and assigns. SUBJECT to the aforesaid right-of-way for ingress and egress in favor of the owner or owners, their heirs and assigns, of the land to the West hereof. HAVING THEREON ERECTED A DWELLING KNOWN AS 57 WATERSIDE DRIVE, CARLISLE, PA 17013. BEING THE SAME PREMISEES WHICH Lee E. Grove and Laura Miller Grove by deed dated 1/22/00 and recorded in Deed Book 238 Page 228 granted and conveyed unto Sheila M. Gross. TO BE SOLD AS THE PROPERTY OF SHEILA M. GROSS ON JUDGMENT NO. 2003 571. ASSESSMENT: 14-07-0475-004 Re: HC vs. GrosS Cumberland 9/3/03 u. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 postage: One piece of ordinary mail addressed to: Sheila M. Gross 57 Waterside Drive Carlisle, PA 17013 postmark: u. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with postal Service Form 3877) Received from: purcell, Krug & Haller postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: postmark: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Re: HC/GROSS CUMBERLAND SALE 9/3/03 u. S. POSTAL SERVICE CERTIFICATE OF MAILING (In com liance with postal Service Form 3877 Received from: purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 postage: One piece of ordinary mail addressed to: postmark: Cynthia J. Naught 31 Bellaire Avenue Carlisle, PA 17013 u. S. POSTAL SERVICE CERTIFICATE OF MAILING liance with postal Service Form 3877 Received from: purcell, Krug & Haller postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Richard H. Wix, Attorney 4705 Duke Street Harrisburg, PA 17109 postmark: ~0' pOS;4 t v:~c~~;,l~~~Wt;;~~~~')~' ? -"'''- ':,~f:" H:~, ::>"-;"---"<':, ,'i J,u , l~(, f <'/ 471;) .' '\\ "~I ~/ () r--~ :'tJrC:"': Q.ii;~ ~- f):, :::-0:' r;::.: ::b.. ~~/'-'. ..&:'- _.f f:,. ~'-i D , ' " ~ .0,_ ! '''' ;") -. M";:' -'-.. c- :::, (::;, -,,," ::_;./ "'<.. Bank One, National Association As Trustee VS .$hedQ M, 6rbSS In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-571 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Leon Haller. Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Mileage Levy Surcharge Postpone Sale Law Library Prothonotary Law Journal Patriot News Share of Bills 30.00 30.67 45.00 45.00 8.28 45.00 40,00 20.00 .50 1.00 716.45 543.34 28.90 $1564.14 paid by attorney 12/22/03 Sworn and subscribed to before me .~-~<~ u;.. This ~ day of JJiH~ ; R. Thomas Kline, Sheriff 2003, A.D. \4--- 0 'th"fb", ~ ' 0 - A I BY J t) ~)(k.J.A.Y, Prothonotary Real Est& Deputy j.Jb ck '!3:L'f9" 11--. 11/6'1"31 r PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : 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: JULY 18,25,2003 AUGUST I, 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. III -0.~ a Marie ~~or I TO AND SUBSCRIBED before me this day of AUGUST, 2003 Writ No. 2003-571 Civil Bank One. National Association. as Trustee VS, Sheila M. Gross Atty,: Leon p, Haller ALL those three tracts of land situate in Lower Frankford Town- ship, Cumberland County, Pennsyl- vania, bounded and described as follows: '!RACf NO, I: BEGINNING at an iron pin and stake at the corner of land of Paul R. Young and Russell L. Mackey. et al; thence along the line of land of Paul R. Young. cross- ing a private road and through an iron pin on the sout.hern side there- of. South 44 degrees 30 minutes West 200 feet to an iron pin: thence by the same land and the same course, 35 feet, more or less. to the low water line of the Conodoguinet Creek: thence by the said low wa- ter line, North 75 degrees 39 min- utes West, 60 feet to a point on line of land conveyed or about to be con- veyed to Alverta M. Fry; thence by the latter land, North 44 degrees 30 minutes East, 35 feet, more or less, to an iron pin: thence by the same land the same course, 211.29 feet, crossing a private road to an iron pin on the line of land of Russell L. Mackey, et al; thence by the lat- ter land, South 65 degrees 18 min- utes East, 55.14 feet to the Place of BEGINNING said description be- ing in' accordance with a'survey thereof by Roger St. Germain & Associates. dated September 26, 1961. TOGETHER with a right-or-way S I ~-~/ xt7J1d~ Nar~ IJ LOIS E. SNYDER. NlllaI'y PubUc CeI1IsIe Floro. C~mt.f,~.arn:l Coorrty , My Cor~ &;Jl11illlitla"d15. 2005 , ~"- Uu-"" ......~~, ~_ . of land conveyed or abo~t to be con- veyed to Alverta M. Fry; thence by the latter land. North 44 degrees 30 minutes East, 35 feet, more or less. to an iron pin: thence by the same land the same course, 211.29 feet. crossing a private road to an iron pin on the line of land of Russell L. Mackey, ct al; thence by the Jat- ter land. South 65 degrees 18 min- utes East, 55.14 feet to the Place of BEGINNING said description be- ing in' accordance with a'survey thereof by Roger St. Germain & Associates. dated September 26. 1961. TOGETHER wlth a rigbt-of-way for the purpose of ingress and egress over other lands of the Grantor herein and other owners to the prop- erty herein conveyed over a private road from the public road leading from Bergner's Bridge to Bloserville in common with the Grantor. his heirs and assigns. SUBJECT to the aforesaid right- of-way for ingress and egress in fa~ vor of the owner or owners. their heirs and assigns. of the land to the West hereof. TRACT NO, 2: BEGINNING at a stake at line of other land of K. Swartz: thence by said land. South 44 degrees 30 minutes West. a dis- tance of 225 feet more or less. to the low water mark of the Conodo- guinet Creek, thence by the same up the Creek. North 52 degrees 15 minutes West. a distance of 51.5 feet to a point; thence along lands of Chester Fry, North 44 degrees 30 minutes East a distance of 231 feet to a stake: thence by the same, South 45 degrees 30 minutes East, a distance of 50 feet to a stake. the Place of BEGINNING, CONTAINING 0.27 acres, more or less. TOGETHER with a right-or-way for the purpose of ingress and egress over other lands of the Grantor here- in to the property herein conveyed. over a private road from the public road leading from Bergner's Bridge to Bloserville in common with the Grantor, his heirs and assigns, said right-of-way to be approximately 1609 feet, more or less. Crom the said public road. TRACT NO, 3: ALL that certain tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania. bounded and described as follows: BEGINNING at an Iron pin at the comer of land of Chester L. Fry and -.--" - iron pin on the line of land of Russell L. Mackey, et al; thence by the lat- ter land, through an iron pin in the center of said line, South 65 degrees 18 minutes East 110.28 feet to the Place of BEGINNING: said descrip- tion being in accordance with a SUf- vey thereof by Roger St. Germain & Associates, dated September 26. 1961. TOGETHER wlth a right-of-way fOf the purpose of ingress and egress over other lands of the prior Grantors herein and other owners to the property conveyed over a pri- vate road from the public road lead- ing from Bergner's Bridge to Blos- erviIle. in common with the prior Grantors, their heirs and assigns. SUBJECT to the aforesatd right-oC-way for ingress and egress in favor of the owner or owners, their heirs and assigns. of the land to the West hereof. HAVING THEREON ERECTED A DWELLING KNOWN AS 57 WATER- SIDE DRIVE, CARLISLE, PA 17013, BEING THE SAME PREMiSES WHICH Lee E. Grove and Laura Mil- ler Grove by deed dated 1/22/00 and recorded in Deed Book 238 Page 228 granted and conveyed unto Sheila M. Gross. TO BE SOLD AS THE PROPER- lY OF SHEiLA M, GROSS ON JUDG- MENT NO, 2003 571. ASSESSMENT: 14-07-0475-004, r -~," r~' ul ll1e ~~..... V~ ~aId line. South 65 degrees 18 minutes East 110.28 feet to the Place of BEGINNING: said descrip- tion being in accordance with a sur- vey thereof by Roger St. Germain & Associates, dated September 26. 1961. TOGETHER with a right-of-way for the purpose of ingress and egress over other lands of the prior Grantors herein and other owners to the property conveyed over a pri- vate road from the public road lead- ing from Bergner's Bridge to B105- erviIle. in common with the prior Grantors, their heirs and assigns, SUBJECT to the aforesaid right-of-way for ingress and egress in favor of the owner or owners, their heirs and assigns. of the land to the West hereof. HAVING TIiEREON ERECTED A DWELLING KNOWN AS 57 WATER- SIDE DRIVE, CARLISLE. PA 17013, BEING THE SAME PREMISES WHICH Lee E. Grove and Laura Mil- ler Grove by deed dated 1/22/00 and recorded in Deed Book 238 Page 228 granted and conveyed unto Shella M. Gross. TO BE SOLD AS TIiE PROPER- lY OF SHEILA M, GROSS ON JUDG- MENT NO. 2003 57!. ASSESSMENT: 14-07-0475-004, \ \ , 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~ Sunday Patriot-News newspapers of general circuiation, printed and pubiished at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were estabiished March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is secureiy 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 July and the 5th day{s) of August 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are 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, PUBLICATION COPY 5 ALE #51 .. .,....fJ.~.7.;._~.,.".,.,..,..,.,. Sworn to bscribed before~e ' 13th day of 3 A.D. TerryL=~=.vMC Ul4 ~.P-( CIty Of Hanisburg, Dauphin County NOTA Y PU BLI C My Commission El<piresJ""'S,2006, My commission expires June 6, 2006 _, Pennsylvania Association Of_ CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA, 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr, For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 541.59 1.75 543,34 Publisher's Receipt for Advertising Cost The Patriot News Co" publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid, By.,.,..".................,.......,.......,.,........................ BANK ONE, NATIONAL ASSOCIATION, TRUSTEE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, CIVIL ACTION LAW SHEILA M, GROSS, NO, 03-571 CIVIL DEFENDANT(S) MORTGAGE FORECLOSURE BANKRuPrcY DISMISSAL UIrED STATES BANKRUPTCY colT MIDDLE DISTRICT OF PENNSYLVANIA INRE: Sheila Mary Gross CASE NO.: ]-03-04604 CHAPTER 13 Debtor(s) ORDER DISMISSING CA~E ,tI''\' NOW, thi~YOfMarch, 2004, Upon consideration of Trustee's Motion to Dismiss (and hearing if appropriate), and it having been determined that this case should be dismissed. it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. HARRISBURG, PENNSYL VANIA COURT: ~ CY JUDGE ,""- . ,0 , B FllED HARRISBURG PA , '1 , , .... ..(... crC'l~, IJ,. ~a;~ \ ,/ \ ;!,. ; ,.' 074585 '-- IN THE COlJRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DlVISION - LAW AT NO, 03-571 CIVIL BANK ONE, NATIONAL ASSOCIATION, TRUSTEE, PLAINTIFF DEFENDANT(S) Total Judgment Amount Interest Per diem of $ 1 9,56 to sale date 9/8/2004 Late Charges $30,97 per month to sale date 9/8/2004 Escrow Deficit $67,285,92 $10,363.23 VS, $526.49 SHEILA M, GROSS, $2,000,00 TOTAL WRIT $80,175.64 *Plus additional interest, latc charges and other costs to date of sheriff's sale. SALE DA TE: Wednesday. September 08. 2004 (PROTHONOTARY'S USE) Pltf Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution m the above captioned case, Date: June 7. 2004 Attorney for Plaintdf 1719 North Front Street Harrisburg, PA ] 7102 (7 17) 234-417R WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satIsfy the Judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property descrIbed in the attached description known as 57 WATERSIDE DRIVE CARLISLE, PENNSYLVANIA 17013 Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY ...L-" (, ALL those three tracts of land situate in Lower Frankford ToWll$hip, Cumberland County, pennsylvania, bounded and descn"bed as follows: TRACT NO. 1; BEGINNING at an iron pin and stake at the comer of land of Paul R. Young and Russell L. Mackey, et al; thence along the line of land .of Paul R. Young, crossing a private road and through an iron pin on the southern side thereo~ South 44 degrees 30 minutes West 200 feet to an iron pin; thence by the same land and the same course, 35 feet, more or less, to the low water line of the Conodoguinet Creek; thence by the said low water line, North 75 degrees 39 minutes West, 60 feet to a point on line of land conveyed or about to be conveyed to Alverta M. Fry; thence by the latter land, North 44 degrees 30 minutes East, 3S feet, more or less, to an iron pin; thence by the same land the same course, 211.29 feet, crossing a private road to an iron pin on the line of land of Russell L. Mackey. et al; thence by the latter land, South 65 degrees 18 minutes East, 55.14 feet to the Place of BEGINNING said description being in accordance with a survey thercofby Roger St Germain & Associates, dated September 26, 1961. TOGETHER with a right-<Jf-way for the pwpose of ingress and egress over other lands of the Grantor herein and other owners to the property herein conveyed over a private road from the public road leading from Bergner's Bridge to Bloserville in common with the Grantor, his heirs and assigns. SUBJECT to the aforesaid right-of-way for ingress and egress in favor of the owner or owners, their heirs and assigns, of the land to the West hereof. TRACT NO.2: BEGINNING at a stake at line of other land of 1(. Swartz; thence by said land, South 44 degrees 30 minutes West, a distance of 225 feet, more or less, to the low water D18rll: of the Conodoguinet Creek; thence by the same up the Creek, North 52 degrees IS minutes West, a distance of SI.5 feet to a point; thence along lands of Chester Fry, North 44 degrees 30 minutes East, a distance of 231 feet to a stake; thence by the same, South 4S degrees 30 minutes East, a distance of SO feet to a stake, the Place of BEGlNNlNG. CONTAINING 0,27 acres, more or less. TOGETHER with a right-<Jf-way for the puzpose of ingress and egress over other lands of the Grantor herein to the property herein conveyed, over a private road from the public road leading from Bergner's Bridge to Bloserville in common with the Grantor, his heirs and assigns, said right-of-way to be approximately 1609 feet, more or less, from the said public road. ;TRACT NO.3.. ALL that certain tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin at the corner of land of Chester L. Fry and wife and Russell L. Mackey, et al; thence along the line of land aforesaid of Chester L. Fry and wife, crossing a private road. South 44 degrees 30 minutes West 211.29 feet to an iron pin; thence by the same land and the same courses, 35 feet, more or less, to the low water line of the Conodoguinet Creek; thence by the said low water line, North 75 degrees 39 minutes West 120 feet to the line to land of Brinton F. Forney and wife; thence by the latter land, North 44 degrees 30 minutes East 3S feet. more or less, to an iron pin; thence by the same land and the same course, crossing a private road, 234.38 feet to an iron pin on the line of land of Russell L. Mackey, et al; thence by the latter land, through an iron pm in the center of said line, South 6S degrees 18 minutes East 110.28 feet to the Place of BEGINNING; said description being in accordance with a survey thereof by Roger St. Germain & Associates, dated September 26, 1961. TOGETHER with a right-of-way for the purpose of ingress and egress over other lands of the prior Grantors herein and other owners to the property conveyed over a private road from the public road leading from Bergner's Bridge to Bloserville, in common with the prior Grantors, their heirs and assigns. SUBJECT to the aforesaid right-of-way for ingress and egress in favor of the owner or owners, their heirs and assigns, of the land to the West hereof. HAVING THEREON ERECTED A DWELLING KNOWN AS 57 WATERSIDE DRIVE, CARLISLE, PA 17013. BEING THE SAME PREMISEES WHICH Lee E. Grove and Laura Miller Grove by deed dated 1/22/00 and recorded in Deed Book 238 Page 228 granted and conveyed unto Sheila M. Gross. TO BE SOLD AS THE PROPERTY OF SHEILA M. GROSS ON JUDGMENT NO. 2003 571, ASSESSMENT: 14-07-0475-004 ~ ~ ~a ,\~ G;: s::: , ^ ~4) --{::., 00 --l:'l,.:;.. ~... ' 0'J\ ---- ---. '-'It"' ~' -:-Sc; ,-.\) \ ~ ~ ~ \~.J.l, ;sJ , , ~ Cf I ,'-'; ~ -Ll'" - 0--J u--' 0, - t):- \ , .-+::- 0-, J', cY r-,.:' :",,'1 L. WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK ONE NA TlNAL ASSOCIATION, TRUSTEE N003-571 Civil CIVIL ACTION - LAW Plaintiff(s) From SHEILA M, GROSS, 57 WATERSIDE DRIVE, CARLISLE P A 17013. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 57 WATERSIDE DRIVE, CARLISLE PA 17013 (SEE 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) Ifproperty 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 himlher that helshe has been added as a garnishee and is enjoined as above stated, Amount Due $67,285.92 L.L. Interest PER DIEM OF $19.56 TO 9/8/04 = $10,363.23 Atty's Corom % Due prothy $1.00 Atty Paid $1,707.09 Other CostsLATE CHJARGES OF $30.97 PER MONTH TO 9/8/04 = $526.49: ESCROW DEFICIT = $2,000.00 Plaintiff Paid Date: JUNE 9, 2004 (Seal) CURTIS R. LONG ~;"J~ ~/1~ 0 REQUESTING PARTY: Name LEON P. HALLER, ESQ. Address: 1709 N. FRONT ST. HARRISBURG PA 17102 Attorney for: PLAINTIFF Telephone: (717) 234-4178 Supreme Court ill No, 15700 BANK ONE, NATIONAL ASSOCIATION, TRUSTEE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS CIVIL ACTION LAW NO. 03-571 CIVIL SHEILA M. GROSS, DEFENDANT(S) IN MORTGAGE FORECLOSURE AFFIDA VlT PURSUANT TO RULE 3129.1 The Plaintiff in the above action. by its attorneys. Purcell. Krug & Haller, sets forth as of the date the praecipe fot" the writ of exeClltion was filed, the following information concerning the real property located at 57 WATERSIDE DRIVE CARLISLE, PENNSYL VANIA 17013: I, Name and address of the Owner(s) or Reputed Owner(s): SHEILA M, GROSS 57 W A TERSlDE DRIVE CARLlSLE. PA 17013 2, Name and address of Defendant(s) in the Judgment. if different from that listed, in (1) above: SAME 3, Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Cynthia Naught 31 Bellaire Avenue Clrlisle, P A J 7013 Richard Wix, Esquire 4705 Duke Street Harrisburg. PAl 7 [09 4, Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5, Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: Tenants if any, , DOMESTIC RELA nONS Cumberland County Courthouse 13 North Hanover Street Carlisle. P A J 70 13 Dorothy L. Mott. Esquire 125 State Street Harrisburg.PA 17101 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I vcrify that the statements made in this Affidavit are true and correct to the bes my personal knowledgc. information and belief. [ understand that false statements herein are e subject to the penalties of 18 PA C.S, Scction 4904 relating to unsworn falsification to auth e Leon P. HallerPA LD, #15700 Purcell. Krug & Haller 1719 North Front Street Harrisburg, PAl 7102 (717) 234-4178 DATE:June 7. 2004 BANK ONE. NATIONAL ASSOCIATION. TRUSTEE. PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYL VANIA VS. CIVIL ACTION LAW NO. 03-571 CIVIL SHEILA M, GROSS, DEFENDANT(S) IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 08, 2004 TIME: 10:00 O'clock A.M, LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement ofthe measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 57 WATERSIDE DRIVE CARLISLE, PENNSYL VANIA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the wi thin Commonwealth and County to: No. 03-571 CIVIL JUDGMENT AMOUNT $67,285.92 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: SHEILA M. GROSS A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. InfoDnatioll about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein, THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away, A lawyer can advise you more specifically of these rights, If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Libel1y A venue Carlisle. PenllSylvania 17013 717-249-3 I 66 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you, You may also file an petition with the same Com1 if you are aware of a legal defect in the obligation or the procedure used against you, 2, After the Sheriff's Sale you may file a petition with the Court of COImnon Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3, A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Com1 of Common Pleas of the within County, The petition must be served on the attomey for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition, If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division. of the within County Com1house. before a presentation of the petition to the Com1, PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 ALL those three tracts of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO.1: BEGINNING at an iron pin and stake at the comer of land of Paul R. Young and Russell L. Mackey, et al; thence along the line of land of Paul R. Young, crossing a private road and through an iron pin on the southern side thereof, South 44 degrees 30 minutes West 200 feet to an iron pin; thence by the same land and the same course, 35 feet, more or less, to the low water line of the Conodoguinet Creek; thence by the said low water line, North 75 degrees 39 minutes West, 60 feet to a point OD line of land conveyed or about to be coDveyed to Alverta M. Fry; thence by the latter land, North 44 degrees 30 minnt..s East, 35 feet, more or less, to an iron pin; thence by the same land the same cow:se, 211.29 feet, crossing a private road to an iron pin on the line of land of Russell L. Mackey, et al; thence by the latter land, South 65 degrees 18 minutes East, 55.14 feet to the Place of BEGINNING said description being in accordance with a survey thereof by Roger St Germain & Associates, dated September 26, 1961. TOGETHER with a right-of-way for the pwpose of ingress and egress over other lands of the Grantor herein and other owners to the property herein conveyed over a private road from the public road leading from Bergner's Bridge to Bloserville in common with the Grantor, his heirs and assigns. SUBJECT to the aforesaid right-of-way for ingress and egress in favor of the owner or owners, their heirs and assigns, of the land to the West hereof. TRACT NO.2: BEGINNING at a stake at line of other land of K. Swartz; thence by said land, South 44 degrees 30 minutes West, a distance of 225 feet, more or less, to the low water mark of the Conodoguinet Creek; thence by the same up the Creek, North 52 degrees 15 minutes West, a distance of 51.5 feet to a point; thence along lands of Chester Fry, North 44 degrees 30 minutes East, a distance of 231 feet to a stake; thence by the same, South 45 degrees 30 minutes East, a distance of 50 feet to a stake, the Place of BEGINNING. CONTAINING 0.27 acres, more or less. TOGETHER with a right-of-way for the pwpose of ingress and egress over other lands of the Grantor herein to the property herein conveyed, over a private road from the public road leading from Bergner's Bridge to Bloservi1le in common with the Grantor, his heirs and assigns, said right-of-way to be approximately 1609 feet, more or less, from the said public road. TRACT NO.3: ALL that certain tract of land situate in Lower Franlcford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin at the comer of land of Chester L. Fry and wife and Russell L. Mackey, et al; thence along the line of land aforesaid of Chester L. Fry and wife, crossing a private road, South 44 degrees 30 minutes West 211.29 feet to an iron pin; thence by the same land and the same courses, 35 feet, more or less, to the low water line of the Conodoguinet Creek; thence by the said low water line, North 75 degrees 39 minutes West 120 feet to the line to land of Brinton F. Forney and wife; thence by the latter land, North 44 degrees 30 minutes East 35 feet, more or less, to an iron pin; thence by the same land and the same course, crossing a private road, 234.38 feet to an iron pin on the line of land of Russell L. Mackey, et al; thence by the latter land, through an iron pin in the center of said line, South 65 degrees 18 minutes East 110.28 feet to the Place of BEGINNING; said description being in accordance with a survey thereofby Roger St Germain & Associates, dated September 26, 1961. TOGBTHER with a right-of-way for the pwpose of ingress and egress over other lands of the prior Grantors herein and other owners to the property conveyed over a private road from the public road leading from Bergner's Bridge to BIoserville, in common with the prior Grantors, their heirs and assigns. SUBJECT to the aforesaid right-of-way for ingress and egress in favor of the owner or owners, their heirs and assigns, of the land to the West hereof: HAVING THEREON ERECTED A DWELLING KNOWN AS 57 WATERSIDE DRIVE, CARLISLE, PA 17013. BEING THE SAME PREMISEES WHICH Lee E. Grove and Laura Miller Grove by deed dated 1/22/00 and recorded in Deed Book 238 Page 228 granted and conveyed unto Sheila M. Gross. TO BE SOLD AS THE PROPERTY OF SHEILA M. GROSS ON JUDGMENT NO. 2003 571. ASSESSMENT: 14-07-0475-004 , , '.-,-J \._-' ",--., c BANK O]\;E, "'ATIONAL ASSOCIATION, TRUSTEE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION LAW NO, 03-571 CIVIL SHEILA M GROSS, DEFENDANT IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHJl'o.: Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER. ESQUIRE who being duly sworn according to law deposes and states that the Dcfendant (s) above namcd are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940. as amended, Sworn to and subscribed before me this ~~,y or9{t"-C - 2<Y' Y ~~U.(i;/f/~id/- MARYLAND~~~~~~~ SEAL Lower Paxton Twp rr, Notary Public My CommiSSIon ,. "I auphln County ~xp res Aug, 8, 2006 -!j I'., ~ REAL ESTATE SALE No. 51 Writ No. 2003-571 Civil Term Bank One, National Alec.letlon, AI TrUltee VI Shelll M. Grosl Atty.: Leon P. HIller DESCRIPTION AU. those three tracts of land situate in Lower Frankford Township, Cumberland County, Pennsylvania. bounded and described as follows: TRACI' NO. I: BEGtNNING at an iron pin and stake at the corner of !and of Paul R. Young and Russell L. Mackey. et al; thence along the line of land of Paw R. Young, crossing a private road and , .tbrou~anironpinonthesouthernsidethereof, South 44 degrees 30 minutes West 200 feet to an iron pin; thence by the same land- and the same course, 35 feet,more or less, to the low water line of the Conodoguinet Creek; thence by the said low-water line, North 75 degrees 39 minutes West, 60 feet to a point on line of land conveyed or about to be conveyed to Alverta M. Fry; thence by the latter land, North 44 degrees 30 minutes, East, 35 feet, more or less, to an iron pin; thence by the ..same land the &aIDe course, 211.29 feet, crossing a private road to an iron pinon the line of land of Russell L. Mackey, et al; thence by the latter land, South 65 degrees 18 minutes East, 55.14 feet to the Place of BEGINNING said description being in accordance with a survey thereof by RogerSt. Germain & Associates, dated September 2~ 1961. TOGETHER with a right-of-way for the purpose of ingress and egress over other lands of the Grantor herein and other owners to 'the property herein conveyed over a private road from the public road leading from Bergner's Bridge to Bloserville in common with the Grantor, his heirs and assigns. SUBJECT to the a:"oresaid right-of-way for ingress--and egress in favor of -the owner or owners, their heirs and assigns, of the land to the West hereof. TRACT NO.2: BEGINNING at a stake at line of other land of K. Swartz; thence by said land, South 44 degree 30 minutes West, a distance of 225 feet, more or less, to the low water mark of the Conodoguinet Creek; thence by the same up the Creek, North 52 degrees 15 minutes West, a distance of51.5 feet to a point; thence along lands of Chester Fry, North 44 degrees 30 minutes East, a distance of 231 feet to astake;thenceby~ same, South 45 degrees 30 minutes East,,'1. dimnce of 50 feet to - a stake, the Place {)f BEGINNING, CONTAINING 0,27 acres. more or1ess. ' TOGETHER with a right-of-way for the pu1'pQIIe of ingress and egress over other lands of \be Grantor herein to the property herein conveyed, over a private road from the public road leading from Bergner's Bridge to Bloserville in commoo with the Grantor, his heirs and assigns, said ripl- of-way to be approximately 1609 feet. more ot ; less, from the said public road. TRACT NO, 3: ALL that certain tract of I_ situate in Lower o.Frankford Township, Cumberland County, Pennsylvania, bounded JDd described as follows: ." BEGINNING at an ircn pin at the comer of land of Chester L. Fry and wife and Russell L. Mackey, et al; thence along the line of 1ai1d afOJ<S8id of Chester L, Fry and wif. ero.... , road. South 44 degrees 30 minutes ,. ~feetlDanironpin;thencebythel .illdthe_counes,l$feet.-or .'. . lie low ....Iine of the ConodoIui'" .' lbatce by the said low water line, No: .' degrees 39 minutes West, 120 feet to the' .. t.l of Brinton F. Forney and wife; thence by !he latter land, North 44 degrees 30 minutes, East.' 35 feet, more or less, to an iron PlD; thence by Ihe same land and the same course, crossing a pr\vate road,234,38 feet to an iron pin on the line of land of Russell L Mackey, et at; thence by the tiii land, through an iron pin in the center of said tine;, South 65 degrees 18 minutes East, 110.28 feet to the Place of BEGINNING; said description beipg in accordance with a survey thereof by Roger St Gennain & Associ,ates, dated September 26, 1961. TOGETIIER with a right-of-way for the puijlose ofingressandegressoverotherlandsof~prior Grantors herein and other owners to the p~ conveyed ovet a private. road from the pub~_~IOIId' leading from Bergner',<, Bridge to BloseI'VlUQ, in common with the pri(~ Grantors, their heifland assigns. SUBJECT ID the aforesaid right-of-way' for ingress and egress i~ favor of the owoeJ::, or owners, their heirs and assigns, of the land, tp ~ West hereof. HAVING thereon erected a dwelling knQwn 118 57 Waterside Drive, Carlisle, PA 1701l BEING the same premises which Lee & Grove and Laura Miller Grove by deed dated ItZVOO and recorded in Deed Book 238 Page 228 pmed and conveyed unto Steila M. Gross. ' , ' TO BE SOLD as the property of Stella lot""'" on Judgment No. 2003-571. ASSESSMENT: 14-07-0475.004, BANK ONE, NATIONAL ASSOCIATION, TRUSTEE. PLAiNTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA \IS. CIVIL ACTION LAW NO. 03-571 CIVIL SHEILA M, GROSS, DEFENDANT(S) IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby ~ertifY that I have deposited in the U,S, Mails at Harrisburg, Pennsylvania on 1- (~- 0 . a 1rue and correct copy of the Notice of Sale of Real Estate pursuant to P A R,C.P, 3129, I to the Defendants herein and all lienholders of record by regular first class mail (Celiificate of Mailing form in compliance with U,S, Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Celiified Mail, which mailing receipts are attached, Service addresses are as follows: SHEILA M, GROSS 57 WATERSIDE DRIVE CARLISLE, PAl 7013 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Cynthia Naught 3 I Bellaire A vcnue Carlisle, P A 17013 Richard Wix. Esquire 4705 Duke Street HalTisburg. PAl 7\ 09 Dorothy L. Mott. Esquire 125 State Street Harrisburg. PAl 71 0 I B~ PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, P A 171 02 (717) 234-4178 LAW OFFICES I-IO\VAIW B KRll(j I.EON p, IIALLER JOliN \V PURCELL m IIlL M W1NKA IlRli\:'\ 1 1"\'l..[I,- :'-II( 'IIOLE ~1_ :'-lTi\U:'t" (r( i(lIUvl.\N P?~ ~ fJ" Yt~ 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TelEPHONE (717) 2J4-417R FAX (717)234-1206 HERSHEY (717)533-3S)() JOSEPH NISSLEY (I910-1'}82) JOHN W. PURCELL VALERIE A. (iUNNOF COUNSEL SHEILA M, GROSS 57 W A TERSlDE DRIVE CARLlSLE. PA 17013 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanovcr Street Carlisle. PAl 7013 Cynthia Naught 3 I Bellaire Avenue Carlisle, P A 170 I 3 Richard Wix. Esquirc 4705 Duke Street Harrisburg. P A 17 I 09 Dorothy L. Mott, Esquire 125 State Street Harrisburg, P A 171 01 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or Illore mortgages. judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129,1 attached hereto, YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Comlllon PIcas of'the within county on the judgment of the Plaintiff named herein the said real estate will be exposcd to public sale as set forth on the attached Notice of Sale, YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest. if any. by being notified of said Sheriffs Sale, ~ Leon p, Haller PA LD, 15700 Attorney for Plaintiff BANK ONE. NATIONAL ASSOCIATION. TRUSTEE. PLA1NTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA VS, C1VIL ACTION LAW SHEIL^:vI, GROSS. NO. 03-571 CIVIL DEFENDANT(S) IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: Wednesday, September 08, 2004 TIME: 10:00 O'clock A.M, LOC A TION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property. together with a brief mention of the buildings and any other major improvements erected on the land, (SEE DESCRIPTION ATTACHED) THE LOCA nON of your property to be sold is: 57 WATERSIDE DRIVE CARLISLE, PENNSYLVANIA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 03-57l CIVIL JUDGMENT AMOUNT $67,285.92 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: SHEILA M. GROSS A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disburscd by thc Sheriff (for example, to banks that hold mOlrtgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of thc proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing cxceptions to it within ten (10) days of the date it is filed, Infonnation about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein, THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You Illay have legal rights to prevent your property from being taken away, A lawyer can advise YOll more specifically of thesc rights, If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Libeliy Avcnue Carlisle, Pennsylvania 17013 717-249-3166 Lcgal Serviccs. Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: I, You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you, You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you, 2, After thc Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to thc COUli of Common Pleas of the within County, The petition must be served on the attorney for the crcditor or on the creditor before presentation to the court and a proposed order or ru1c must be attached to the petition, If a spccific return date is desired. such date must be obtained from the Court Administrator's Office - Civil Division. of the within County Courthouse, before a presentation of the petition to the Court, PURCELL. KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg. P A ] 71 02 (717) 234-4178 ALL those three tracts of land situate in Lower lprankford Township, Cumberland County, Pennsylvania, bounded and descn"bed as follows: TRACT NO.1: BEGINNING at an iron pin and stake at the comer of land of Paul R. Young and Russell L. Mackey, et al; thence along the line of land of Paul R. Young, crossing a private road and through an iron pin on the southern side thl:reot; South 44 degrees 30 minutes West 200 feet to an iron pin; thence by the same land and the, same course, 35 feet, more or less, to the low water line of the Conodoguinet Creek; thence by' the said low water line, North 75 degrees 39 minutes West, 60 feet to a point on line of land (:l)nveyed or about to be conveyed to Alverta M. Fry; thence by the latter land, North 44 degrees 30 minutes East, 35 feet, more or less, to an iron pin; thence by the same land the same comse, 211.29 feet, crossing a private road to an iron pin on the line of land of Russell L. Mackey, et al;; thence by the latter land, South 65 degrees 18 minutes East, 55.14 feet to the Place of BEGINNING said description being in accordance with a survey thereofby Roger St. Germain & Associates, dated September 26, 1961. TOGETHER with a right-of-way for the purpose of ingress and egress over other lands of the Grantor herein and other owners to the property hereiIl conveyed over a private road from the public road leading from Bergner's Bridge to Bloserville in common with the Grantor, his heirs and assigns. SUBJECT to the aforesaid right-of-way for ingress lIIld egress in favor of the owner or owners, their heirs and assigns, of the land to the West hereof. TRACT NO.2: BEGINNING at a stake at line of other land of K. Swartz; thence by said land, South 44 degrees 30 minutes West, a distance of 225 feet, more or less, to the low water mark of the Conodoguinet Creek; thence by the same up the Creek, North 52 degrees 15 minutes West, a distance of 51.5 feet to a point; thence along lands of Chester Fry, North 44 degrees 30 minutes East, a distance of 231 feet to a stake; thence by the same, South 45 degrees 30 minutes East, a distance of 50 feet to a stake, the Place of BEGINNING. CONTAINING 0.27 acres, more or less. TOGETHER with a right-of-way for the purpose of irlgre5S and egress over other lands of the Grantor herein to the property herein conveyed, over a private road from the public road leading from Bergner's Bridge to Bloserville in common with the Grantor, his heirs and assigns, said right-of-way to be approximately 1609 feet, more or less, lrom the said public road. TRACT NO.3: ALL that certain tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as lbllows: BEGINNING at an iron pin at the comer of land of Chester L. Fry and wife and Russell L. Mackey, et al; thence along the line of land aforesaid of Chester L. Fry and wife, crossing a private road, South 44 degrees 30 minutes West 211.29 feet to an iron pin; thence by the same land and the same courses, 35 feet, more or less, to the 10", water line of the Conodoguinet Creek; thence by the said low water line, North 75 degrees 39 minutes West 120 feet to the line to land of Brinton F. Forney and wife; thence by the latter hand, North 44 degrees 30 minutes East 35 feet, more or less. to an iron pin; thence by the same land and the same course. crossing a private road, 234.38 feet to an iron pin on the line of land ofRtlSSell L. Mackey. et 81; thence by the latter land, through an iron pin in the center of said line, SC)uth 65 degrees 18 minutes East 110.28 feet to the Place of BEGINNING; said description being in accordance with a survey thereof by Roger St. Germain & Associates, dated September 26" 1961. TOGETHER with a right-of-way for the purpose of ingress and egress over other lands of the prior Grantors herein and other owners to the property COllveyed over a private road from the public road leading from Bergner's Bridge to Bloserville, in common with the prior Grantors, their heirs and assigns. SUBJECT to the aforesaid right-of-way for ingress and I~gress in fiwor of the owner or owners. their heirs and assigns, of the land to the West hereof: HAVING THEREON ERECTED A DWELLING KNOWN AS 57 WATERSIDE DRIVE, CARLISLE, PA 17013. BEING THE SAME PREMISEES WHICH Lee E. Grove and Laura Miller Grove by deed dated 1/22/00 and recorded in Deed Book 238 Page 228 granted and conveyed unto Sheila M. Gross. TO BE SOLD AS THE PROPERTY OF SHEILA M. GROSS ON JUDGMENT NO. 2003 571. ASSESSMENT: 14-07-0475-004 HOMECOMINGS FINANCIAL NETWORK v. SHEILA M, GROSS Cumberland County Sale 9/8/2004 1I. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: PurcelL Krng & Halkr 1719 North Front Street Harrisburg, P/\ 1710:2 Postage: One piece of ordinary 111<lil addressed to: SHEILA M, GROSS 57 WATERSIDE DRIVE CARLISLE, P A 170 lJ Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell. Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One pIece of ordinary mail addressed to: Cynthia Naught 31 Bellaire Avenue Carlis1c. PAl 7013 Postmark: 2!!1J4 } //. li. S. POSTAL SERVICE CERTIfiCATE OF MAILING (In compliance with Postal Service Form 3877) Received hom: PnrceIt. Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: DOMESTIC RELATIONS Cumberland COUllty Courthollse 13 :"Jorth Hanover Street Carlisle, P A 171) lJ Postmark: ~~POsl-~ II" l ~::::::J- '!'. r;; ld" ~ ___ "............... z ~..-.. PITN(V ~OWlS " ~2 1A $ 00.900 " . 0004338181 JUL 14 2004 MAILED FROM ZIP CODE 111 02 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received hom: Purcell. Krug & Haller 1719 North Front Street Harrisburg. PA 17102 Postage: One piece of ordinary mail addressed to: Richard Wix, Esquire 4705 Duke Street Harrisburg. PAl 7109 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received hom: PurcelL Krug & Haller 1719 North Front Street Harrisburg, P ^ 171 02 Postage: One piece of ordinary mail nddn.:'ssed to: Dorothy L. Molt, Esquire 125 State Street Harrisburg. PAl 71 0 I Postmark: !Il[1J II "...~ PD8)..... " 'C.<- f~""""'" ,_ !,"J-=~_ ';:) _P1TN['if!,OWfoS $ 00.900 0004338187 JUL 14 2004 MAILED FROM ZIP CODE 17102 02 1A (') ,...., = ~ ::g~ = .r- (/) :I'" ,." 2.(': -u rnp I -am c.n ,r- :(;JQ ~2 Q6 :t." :> ----d ::J: 0-- -;-(') ~'-m S? C) ~ -~ C- J.o c:> -< ,...., <=> <=> ",- (') c: ;z::- ~?;~;:. -:::,., ~;;- 't;~'; ):;...;..:'.. ;0:;' ..... ::<i N ...0 Bank One, National Association, Trustee VS Sheila M. Gross In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-571 Civil Term Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2004 at 6;41 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit; Sheila M. Gross, by making known unto Sheila Gross, personally, at 57 Waterside 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. Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that on July 14,2004 at 3:18 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 Sheila M, Gross located at 57 Waterside Drive, 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 the within named defendant, to wit: Sheila M. Gross, by regular mail to her last known address of 57 Waterside Drive, Carlisle, PA 17013, This letter was mailed under the date of July 13, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instruction from Attorney Leon Haller. Sheriff's Costs; Docketing Posting Bills Advertising Law Library Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of Bills Poundage 30,00 45.00 45,00 1.00 7.15 45,00 40,00 697.85 578,65 30.49 30.40 $1,550.54 Sworn and subscribed to before me So Answ~Js: . f """" ~~"'.. .~-/..;:z - ~~.~ ~ This JLday of ~ ~..",- /--~ ~ .' . 1 ~ R. Thomas Kline, Sheriff 2004, AD. . <<--V Q. ~ ~ I ro onotary BY VO~ S riu:1::.h Real Estat Deputy \. ,,\ irl)v }?>\ Vb '!,'l (\ . \ ~{;,u BANK ONE. NATJONALASSOCIATION, TRUSTEE, PLAI}lTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYL VANIA VS CIVIL ACTION LAW 00 ~ NO, 03-571 CIVIL SHEILA M, GROSS. DEFENDANT(S) IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of he date the praecipe for the writ of execution was filed. the following information concerning the real pr perty located at 57 WATERSIDE DRIVE CARLISLE, PENNSYLVANIA 17013: J, Name Jnd address of the Owner(s) or Reputed Owner(s): SHEILA M, GROSS 57 WATERSIDE DRIVE CARLISLE. P A 17013 2, Name and address of Defendant(s) in the Judgment, if different from that listed, i (1) above: SAME 3, Name and address of every judgment creditor whose judgment is a record lien 0 the real property to be sold: Cynthia Naught 31 Bellaire Avenue Carlisle. PA 17013 Richard Wix. Esquire 4705 Duke Street Hanisburg. PA 17109 4. Name and address ofJast recorded holder of every mortgage ofrecord: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the propert UNKNOWN 6. Name and address of every other person who has any record Interest in the pr ertyand whose interest may be affected by the sale: UNKNOWN " BANK ONE, NATIONAL ASSOCIATION. TRUSTEE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PEN'NSYLV NIA VS. CIVIL ACTION LAW NO. 03-571 CIVIL SHEILA M GROSS, DEFENDANT(S) IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: Wednesday, September 08, 2004 nME: 10:00 O'clock AM, LOCATION: Cumberland County Courthouse Carlisle, PelU1sy]vania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly onslstmg of a statement of the measured boundalies of the property. together with a brief mention of the buildings and any other major improvements erected on the land, (SEE DESCRIPTION ATTACHED) THE LOCA nON of your propeliy to be sold is: 57 WATERSIDE DRIVE CARLISLE, PENNSYLVANIA 17013 THE JUDGMENT lU1der or pursuant to which your propeliy is being sold is docketed n the within Commonwealth and County to: No. 03-57] CIVIL JUDGMENT AMOUNT $67,285.92 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: SHEILA M. GROSS .' A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or gov unental or corporate entities or agencies being entitled to receive part of the proceeds of the sale receiv d and to be disbursed by the Sheriff ([ot- example, to banks that hold mortgages and municipalit es that are owed taxes) will be filed by the Sherif[ of this County thirty (30) days after the sale and di tribution of the proceeds of sale in accordance with this schedule will. in fact. be made unless someon objects by filing exceptions to it within ten (10) days of the date it is filed, InfoTI11ation about the Schedule of Distribution may be obtained from the Sheriff of e Court of Common Pleas of the within County at the Courthouse address specified herein, THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE F YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKE TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away, A lawyer 3n advise you more specifically of these rights, If you wish to exercise your rights, YOU M ST ACT PROMPTLY. ,> YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. GO T OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU C N GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Libel1y Avenue Carlisle, PenllSylvania 17013 717-249-3166 Legal Services. Inc 8 Irvine Row Carlisle. Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1, You may file a petition with the Court of Common Pleas of the within County t open the judgment if you have a meritorious defense against the person or company that has entered judgment against you, You may also file an petition with the same Court if you are aware ofa legal de ect in the obligation or the procedure used against you, 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of 1e within County to set aside the sale for a grossly inadequate price or for other proper cause, Thi petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3, A petition or petitions raising the legal issues or rights mentioned in the preceding p agraphs must be presented to the Court of Common Pleas of the within County, The petition mnst be erved on the attomey for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition, If a specific return date is desired, such date must be obtained from the Court Admil 'strator's Office - Civil Division, of the within County Courthouse, before a presentation of the petiti 1 to the Court. PURCELL. KRUG & HALLER Attomeys for Plaintiff 1719 North Front Street Halrisburg, P A 17102 (717) 234-4178 , , ALL those three tracts of land situate in Lower Frankford Township, County, Pennsylvania, bounded and descn"bed as follows: TRACT NO.1: BEGINNING at an iron pin and stake at the comer of land of wI R. Young and Russell L. Mackey, et al; thence along the line of land of Paul R. Young, c ssing a private road and through an iron pin on the southern side thereo~ South 44 degrees 30 . utes West 200 feet to an iron pin; thence by the same land and the same course, 35 feet, more riess, to the low water line of the Conodoguinet Creek; thence by the said low water line, N rth 75 degrees 39 minutes West, 60 feet to a point on line of land conveyed or about to be conv yed to Alverta M. Fry; thence by the latter land, North 44 degrees 30 minutes East, 35 feet, ore or less, to an iron pin; thence by the same land the same course, 211.29 feet, crossing a priva road to an iron pin on the line of land of Russell L. Mackey, et al; thence by the latter land, So th 65 degrees 18 minutes East, 55.14 feet to the Place of BEGINNING said description be g in accordance with a survey thereof by Roger St. Germain & Associates, dated September 26, 1961. TOGETHER with a right-of-way for the purpose of ingress and egress over other lands of the Grantor herein and other owners to the property herein conveyed over a private ro from the public road leading from Bergner's Bridge to Bloserville in common with the Grant . his heiIs and assigns. SUBJECT to the aforesaid right-of-way for ingress and egress in favor of the own owners, their heiIs and assigns, of the land to the West hereof. TRACT NO.2: BEGINNING at a stake at line of other land of K. Swartz; thence y said land, South 44 degrees 30 minutes West, a distance of 225 feet, more or less, to the 1 water mark of the Conodoguinet Creek; thence by the same up the Creek, North 52 degrees minutes West, a distance of S1.5 feet to a point; thence along lands of Chester FlY, North degrees 30 minutes East, a distance of 231 feet to a stake; thence by the same, South 4S de 30 minutes East, a distance of 50 feet to a stake, the Place of BEGINNING. CONTAlNIN 0.27 acres, more or less. TOGETHER with a right-of-way for the pwpose of ingress and egress over other land of the Grantor herein to the property herein conveyed, over a private road from the public ro leading from Bergner's Bridge to Bloserville in common with the Grantor, his heiIs and assigns said right-of-way to he approximately 1609 feet, more or less, from the said public road. TRACT NO.3: ALL that certain tract of land situate in Lower Frankford Township, Cwnberland County, Pennsylvania, bounded and descn"bed as follows: BEGINNING at an iron pin at the comer of land of Chester L. FlY and wife and Russell L. Mackey, et al; thence along the line of land aforesaid of Chester L. FlY and wife, crossing a private road, South 44 degrees 30 minutes West 211.29 feet to an iron pin; thence by the same land and the same courses, 35 feet, more or less, to the low water line of the Conodogninet Creek; thence by the said low water line, North 75 degrees 39 minutes West 120 feet to the line to land of Brinton F. Forney and wife; thence by the latter land, North 44 degrees 30 minutes .. , East 35 feet, more or less, to an iron pin; thence by the same land and the same course, cro ing a private road, 234.38 feet to an iron pin on the line of land of Russell L. Mackey, et al; th by the latter land, through an iron pin in the center of said line, South 65 degrees 18 minute East 110.28 feet to the Place of BEGINNING; said description being in accordance with a ey thereofby Roger St Germain & Associates, dated September 26, 1961. TOGETHER with a right-of-way for the pUlJlose of ingress and egress over other of the prior Grantors herein and other owners to the property conveyed over a private road m the public road leading from Bergner's Bridge to Bloserville, in common with the prior Grant rs, their heirs and assigns. SUBJECT to the aforesaid right-of-way for ingress and egress in favor of the own or owners, their heirs and assigns, of the land to the West hereof. HAVING THEREON ERECTED A DWELLING KNOWN AS 57 WATERSIDE DRI E, CARLISLE, PA 17D13. BEING THE SAME PREMISEES WHICH Lee E. Grove and Laura Miller Gr ve by deed dated 1/22/00 and recorded in Deed Book 238 Page 28 granted and conveyed unto Sheila M. Gross. TO BE SOLD AS THE PROPERTY OF SHEILA M. GROSS ON JUDGMENT NO. 2003 571. ASSESSMENT: 14-07-0475-004 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N003.571 Civil CIVIL ACTION - LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt. interest and costs due BANK ONE NATINAL ASSOCIATION, TRUSTEE PlaintIff(s) From SHEILA M. GROSS, 57 WATERSIDE DRIVE, CARLISLE PA 17013. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTA TE LOCATED AT 57 WATERSIDE DRIVE, CARLISLE PA 17013 (SEE 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 fro paying any debt to or for the account of the defendant (s) and from delivering any property of the defenda (s) or otherwise disposing thereof; (3) If property oftbe 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 himlher that helshe has been added as a garnishee and is enjoined as above stated, Amount Due $67,285.92 LL. Interest PER DIEM OF $19.56 TO 918104 = $10,363.23 Atty's Comm % Due Prothy $1.00 Atty Paid $1,707.09 Other CostsLATE CHJARGES OF $30.97 PER MONTH TO 918/04 = $526.49: ESCROW DEFICIT = $2,000.00 Plaintiff Paid Date: JUNE 9, 2004 (Seal) '].tary By: \ ~ CURTIS R. LONG JJ Btt.')1;' Deputy , REQUESTING PARTY: Name LEON P. HALLER, ESQ. Address: 1709 N. FRONT ST. HARRISBURG PA 17102 Attorney for: PLAINTIFF Telephone: (717) 234-4178 Supreme Court ID No, 15700 Real Estate Sale #52 On June 16, 2004 the Sheriff levied upon the defendant's interest in the real property situated in Lower Frankford Township, Cumberland County, P A Known and numbered as 57 Waterside Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 16, 2004 By: Jr-A, ~\N\" t-1.1 Real E~t;~p;;V ,-1,\ , '\:J'.J ,,'.:' . " \\\ "II\, ('. \'~ lIJ I) h,;\ y,1- , - ."'w) :"" \) . "",j.,)\J'; ;;\~'i ,\ ';, ~" e> CViI I::\iiil = GB GVil REAL ESTATE SALE NO. 52 Writ No, 2003-571 Civil Bank One. National Association, Trustee vs. Sheila M. Gross Atty,: Leon Haller ALL those three tracts of land situate in Lower Frankford Town~ ship. Cumberland County, Pennsyl. vania, bounded and described as follows: TRACT NO.1: BEGINNING at an iron pin and stake at the corner of land of Paul R. Young and Russell L. Mackey, et al; thence along the line of land of Paul R. Young, cross. ing a private road and through an iron pin on the southern side thereof, South 44 degrees 30 min- utes West 200 feet to an iron pin; thence by the same land and the same course, 35 feet, more or less. to the low water line of the Cono- doguinet Creek: thence by the said low water line, North 75 degrees 39 minutes West, 60 feet to a point on line ofland conveyed or about to be conveyed to Alverta M. Fry: thence by the latter land. North 44 degrees 30 minutes East, 35 feet. more or less, to an iron pin; thence by the same land the same course, 211.29 feet. crossing a private road to an iron pin on the line of land of Russell L. Mackey, et a1; thence by the lat~ ter land, South 65 degrees 18 m1n~ utes East, 55.14 feet to the Place of BEGINNING said descrJption be~ iag in accordance with a survey thereof by Roger St,Germain & Associates, dated September 26, 1961. ~ TOGETHER with a right-of-way for the purpose of ingress and egress over other lands of the Grantor herein and other owners to the property herein conveyed over a private road from the publiC road leading from Bergner's Bridge to Bloserville in common with the Grantor, his heirs and assigns. SUBJECT to the aforesaid rJght- of-'WaY for ingress and egress in fa- vor of the owner or owners, their heirs and assigns, of the land to the West hereof. TRACT NO, 2: BEGINNING at a stake at line of other land of K. Swartz; thence by said land, South 44 degrees 30 minutes West, a dis# -tance of 225 feet, more or less, to the low water mark of the Conodo~ guinet Creek; thence by the same up the Creek, North 52 degrees 15 minutes West, a distance of 51.5 feet to a point; thence along lands of Chester Fry, North 44 degrees 30 minutes East, a distance of 231 feet to a stake; thence by the same, South 45 degrees 30 minutes East, a distance of 50 feet to a stake, the Place of BEGINNING, CONTAINING 0.21 acres, more or less. TOGETHER with a right-of-way for tin to the property herein con- veyed, over a private road from the public road leading from Bergner's Bridge to Bloserville in common with the Grantor, his heirs and assigns, said right.of-way to be approximately 1609 feet, more or less, from the said public road. TRACT NO, 3: ALL that certain tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin at the comer of land of Chester L. Fry and wife and Russell L. Mackey. et a1: thence along the Hne of land afore- said of Chester L. Fry and wife, crossing a private road. South 44 deg:r~es 30 minutes West 211.29 feet to an iron pi ; thence bY -the same land and same courses, 35 feet, more or ess, to the low water line of th Conodoguinet Creek; thence by e said Jow wa. ter line, North 75 egrees 39 mJn- utes West 120 fe t to the line to land of Brinton F. orney and wife: thence by the latte land, North 44 degrees 30 minut 5 East 35 feet, more or less, to an ran pin; thence by the same land and the same course, crossing private road, 234.38 feet to an ron pin on the line of land of Rus 11 L. Mackey, et 81; thence by the lat r land, through an iron pin in the c ier of said line, South 65 degrees 1 minutes East 110.28 feet to the lace of BEGIN- NING; said descrip n being in ac- cordance with a s ey thereof by Roger St. Germain & Associates, dated September 2 , 1961. TOGETHER wi a right-of-way for the purpose 0 ingress and egress over other 1 ds of the prior Grantors herein an other owners to the property cony ed over a pri- vate road from the p bUc road lead- ing from Bergne 's Bridge to BJoserviIle, in co on with the prior Grantors, thei heirs and as- signs. SUBJECT to the of~way for ingress var of the owner or 0 and assigns, of the 1 hereof. HAVING THEREO dwelling known as Drive, Carlisle. PA 1 BEING THE SAM WHICH Lee E. Gro Miller Grove by dee 00 and recorded in Page 228 granted and Sheila M. Gross, TO BE SOLD AS e property of Sheila M. Gross on udgment No, 2003 571. ASSESSMENT: 14- 7-0475-004, oresaid rtght- egress in fa- ers, their heirs d to the West ERECTED a 7 Waterside 013. PREMlSEES e and Laura dated 1/22/ ed Book 238 onveyed unto . REAL ESTATE SALE No. 52 Writ No. 2003-571 Civil Term . Bank One, National Association, Tl'Uatse Vs Sheila M. GI'088 Atty: Leon Hsller DESCRIPTION TOGlITIIBR with'. rlgbt-<>f-way for the purpose <Jf ill8leS' and egress over other lands of the GrantDr herein to the property herein conveyed, over a private road from the public road leading from Bertner', Bridge to B10Ber-rille. in col!ll!lon with the Grantor, his heirs and assigns. said righl-<>I-way to be approxilnlllely 1.6091eet, more or Iess, from the said public ",ad TRACT NO, r. ALL that cer-tain t!llct of land ,iltJllle in Lower. Frank/onl Township, Cumberland County. Penn'ylvania, bounded and descrit./d as follows: . BEGINNING at an iron pin at the comer of tand of Che,ter L, Fry and wile and Ru,sell L, Mackey, el aI;. thence along lbe lin< 01 land af~resaid 01 Chesrer L PI)' and wife, cros,ing a. private road, South 44 degrees 30 minute, West 211.29 1m to an iron pin; then>eby the same land and the ,amecoUrses, 35 feet, more or I,,~ . to the low WaIer lin< <Jf the Conodoguinet Creek; ~'by.the,aidlclWWal.(line, Nortll 75 degrea.39mimlte!Westl20 tw blthe lin< to '. '1al1d "tBrlntottP.ForneyalJdlVi1e:.~ by Ill. 1~lind,Noitll44 de&rees 3D ml_ East 35 " lee, more or I,,~ 10 an iron pin; thence by the , _Ilmd and the ,ame ce..... """,ing . privallo , .1OOd, 23438 1m to an iron pin on the lin< 01 land of Russell L, Mackey. et aI; thence by the l.tter land. throu$b an iron pin in the center 01 said line. South 65 degree, 18 minulea East 110,28 leet to the Place 01 BEGINNINO; ,aid description being in tlCConI-ance with . survey thereol by Roger SI. Germain & Associates. dated September 26, 1961. TOGETHER with . rigbt-oI-w,y for the purpose of ingress and egress over other lands 01 , the prior Grantors herein and other owners 10 the , property cenveyed over a private road from the i public road leading from B"'Wler', Bridge to : Bloserville. in common wIth the priOr Grantors, : their heln and assigns, SUBmcr to the aforesaid right-<>f-way for ingress and egres'. in favor 01 the owner or , owners, their beln an. as'igns. of the land to the . West bereol. . HAVING thereon erected a dwelling known .. 57Wa",tslde Drive, Carlisle, PA 17013, BEING the 'ame preml", wbich Lee E, Grove and Laura 'Miller Grove by deed dated II 22/00 and recorded in Deed Book 238 Page 228 granted and conveyed unto Sheila M, Gross, TO BE SOlD .. the property of Sbeila M, Gross on ludgment No, 2003 57L ASSESSMENT: 14-07-0475-004, . ALL tho" th!re ttactB of land situate in Lower Frankford'lbwn-ship, Cumberland County, PetlllSyl-vania, bounded and described as follows: TRACT NO, 1: BEGINNING at an Iron pin and ,take ,t the cerner <Jf land of Paul R. Young and Ru,,,ll L Mackey. et aI; thence along the line of land of Paul R, Young. cro,sing . private road and through an Iron pin on the soutbem Side thereof, South 44 degree. 30 minutes West 200 leet to an Iron pin; thence by the same land and the ,,,,.; course. 35 fee~ more or less, to the low wal<T lin< of the Cotrodoguinet Creek; thence by the said low ~ line, North 75 degree. 39 minures West, 60 feet. to a point on lin< of tand conveyed or about to be conveyed to Alverta M. PI)'; thence by the lalte! land, North 44 depees 30 minute' Bast, 3S feet, mOle or les,. to an !rOll pm; thence by the same land the same,~ 211.29 fee~ crossing . private road.to an lroIl pin on the lin< of land 01 R_ll L, Mackey, et aI: thence hy the latter land, South 6S degrees 18 mlnures East, S5.141eet to the FIace o111EGINNING said de- _scription being in accordance with . 'urvey thereof by Roger St. Gel.main & Associ,"", dated Sep-tember 26, 1961. TOGEI1lER with , right-<>f-WlIY for the purpose of ingres' and egress over other land, of the Grantor herein and other owners to the property herein conveyed over . pri",\, ",ad from the public road leading from Bergner , Bndge ,to Blo,erville in common Wlth the Grantor, his bellS and a3signs. SUBmcr to the aforesaid rigilt-of-w.y 101 ingress and egres' in lavor. of the owner or owners, their beirsand assign" of the land to the West hereof, TRACT NO, 2: BEGINNING at a ,take .t line of other land 01 K, Swartz: thence by ,aid land, South 44 degree" 30 minutes West, a distance of 22S feet, more or less, to the low w.l<T mark of the Conodoguinet Creek; thence by the same up the Creek. North 52 degree. IS minures West., a distance of 51.5 feet to a point; thence along land, of Chester Fry, North 44 degree, 30 mlnu"" Bast, . di,tance of 231 feet to a ,take; thence by the same. South 45 de-gre.. 30 minute, Eas~ a di,tance of 50 feet to a stake. the FIace of BEGlNNINO, CONTAINING 0,27 acres, more ortess . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION - LAW AT NO, 03-571 CIVIL BANK ONE. NATIONAL ASSOCIATION, TRUSTEE. PLAINTIFF Total Judgment Amount Interest Per diem of$19,56 to sale date 9/7/2005 Late Charges $30,97 per month to sale date 9/7/05 Escrow Deficit Corporate Advances VS. SHEILA M, GROSS. DEFENDANT(S) $67.285,92 v"" $15,380,29 $712.31 $4.740.73 $2,71 \.87 TOTAL WRIT $90,831.12 *Plus additional interestl late charges and 0 her costs to date of sheriffs sale. SALE DATE: Wednesday, September 07, 2 05 (PROTHONOTARY'S USE) Pltf, Paid Deft, Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Date: April 12, 2005 Issue Writ of Execution in the above capt' '-- Attomey for Plaintiff 1719 North Front Street Harrisburg. PA 17102 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment. interest and costs in the above captioned case. you are directed to le sell the property described in the attached description known as 57 WATERSIDE DRIVE, CARLIS PENNSYLVANIA 17013 Date: PROTHONOTARY/CLERK CNIL DNIS ON BY DEPUTY upon and E, / M /.--- ALL those three tracts of land situate in Lower Frankford Township, Cum: land County, pennsylvania. bounded and described as follows: TRACT NO.1: BEGINNING at an iron pin and stake at the comer of land of P ul R. Young and Russell L. Mackey, et al; thence along the line of land .of Paul R. Young, eros ing a private road and through an iron pin on the southern side thereof, South 44 degrees 30 utes West 200 feet to an iron pin; thence by the same land and the same course, 35 feet, more less, to the low water line of the Conodoguinet Creek; thence by the said low water line, No 75 degrees 39 minutes West, 60 feet to a point on line of land conveyed or about to be conve ed to Alverta M. Fry; thence by the 1atter land, North 44 degrees 30 minutes East, 35 feet, re or less, to an iron pin; thence by the same land the same course, 211.29 feet, crossing a priv road to an iron pin on the line of land of Russell L. Mackey, et al; thence by the latter land, So th 65 degrees 18 minutes East, 55.14 feet to the Place of BEGINNING said description g in accordance with a survey thereof by Roger Sl Germain & Associates, dated September 26 1961. TOGETHER with a right-of-way for the purpose of ingress and egress over 0 of the Grantor herein and other owners to the property herein conveyed over a private ro the public road leading from Bergner's Bridge to Bloserville in common with the Gran heirs and.assigns. SUBJECT to the aforesaid right-of-way for ingress and egress in favor of the 0 or owners, their heirs and assigns, of the land to the West hereof. TRACT NO.2: BEGINNING at a stake at line of other land ofK. Swartz; said land, South 44 degrees 30 minutes West, a distance of 225 feet, more or less, to th water mark of the Conodoguinet Creek; thence by the same up the Creek, North 52 de minutes West, a distance of 51.5 feet to a point; thence along lands of Chester Fry, No degrees 30 minutes East, a distance of 231 feet to a stake; thence by the same, South 45 de 30 minutes East, a distance of 50 feet to a stake, the Place of BEGINNING. CONT 0.27 acres, more or less. TOGETHER with a right-of-way for the purpose of ingress and egress over other ands of the Grantor herein to the property herein conveyed, over a private road from the publi road leading from Bergner's Bridge to Bloserville in common with the Grantor, his heirs ~ said right-of-way to be approximately 1609 feet, more or less, from the said public road. TRACT NO.3: ALL that certain tract of land situate in Lower Frankford To Cumberland County, Pennsylvania, bounded and descn"bed as follows: BEGINNING at an iron pin at the comer of land of Chester L. Fry and wife and R L. Mackey, et al; thence along the line of land aforesaid of Chester L. Fry and wife, ero private road, South 44 degrees 30 minutes West 21 1.29 feet to an iron pin; thence by the land and the same courses, 35 feet, more or less, to the low water line of the Conodo Creek; thence by the said low water line, North 75 degrees 39 minutes West 120 feet to to land of Brinton F. Forney and wife; thence by the latter land, North 44 degrees 30 . , /// East 3S feet, more or less, to an iron pin; thence by the same land and the same course, em a private road, 234.38 feet to an iron pin on the line of land of Russell L. Mackey, et a1; then by the latter 1and, through an iron pm in the center of said line, South 65 degrees 18 minute East 110.28 feet to the Place of BEGINNING; said description being in accordance with a ey thereof by Roger St Germain & Associates, dated September 26, 1961. SUBJECT to the aforesaid right-of-way for ingress and egress in favor of the 0 owners, their heirs and assigns. of the land to the West hereof. TOGETHER with a right-of-way for the purpose of ingress and egress over other of the prior Grantors herein and other owners to the property conveyed over a private road m the public road leading from Bergner's Bridge to Bloserville, in common with the prior tors, their heirs and assigns. HAVING THEREON ERECTED A DWELLING KNOWN AS 57 WATERSIDE CARLISLE, PA 17013. BEING THE SAME PREMISEES WHICH Lee E. Grove and Laura Miller rove by deed dated 1/22/00 and recorded in Deed Book 238 pag 228 granted and conveyed unto Sheila M. Gross. TO BE SOLD AS THE PROPERTY OF SHEILA M. GROSS ON JUDGMENT NO. 2003 571. ASSESSMENT: 14-07-0475-004 ~ (?JR - -, ~ C' ')-' ....J _\l cJ\ b'- c:X."-. "^ \ <J\ -- CY ~ -.s-- - ,15'" .J0 -:t::> ~, ~ ;;, s"'~ -... 1;0 L ~ ~ .-t; q ~~ (j r r- -;-. cJ'" 0 v_ ) ~~-, > ,\ ~~~\ - .+-. ,.:" . (d}) C) C-. "" g ~ c.fi :n- -::; :;'J c' ," ~ :r!,., !npo.:: -r:1r:0 -:;:-)0 <..n ,,'-j.L ~-~:1C) :J: ~~ i;l :.,..-rn r..) ~_~~ c::> :D U"l -<: . . BANK ONE, NATIONAL ASSOCIATION, TRUSTEE. PLAINTIFF IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSY VANIA VS, CIVIL ACTION LAW SHEILA M, GROSS. NO, 03-571 CML DEFENDANT(S) MORTGAGE FORECLOSURE BANKRIJPI'CY DISMISSAL . UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Sheila Mary Gross CHAPTER 13 CASE NO.: 1 :04-bk-05427 Debtor(s) ORDER DISMISSING CASE NOW, at Harrisburg, in said District, Upon consideration ofTrustee's Certificate of Default (and hearing if appropriat ), and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named deblor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in t is case, and it is further ORDERED that all pending adversary proceedings in this case be and they her by are dismissed. and it is further ORDERED that any outstanding fees are immediately due and payable to the ,8, Bankruptcy Court, BY THE COURT, ?1~~~:: 9- Date: March 30. 2005 This electronic order is signed and filed on the same date, 0 ,,> 0 ("':::) r; c~ -n c.r. ~ :::J '""(] ",J.. .,., ::0 m r -....m {JJ :":}c;.' CJ(l.." ..~ :'-:J.rj -" (:? :u :::: C) N ~)IT, :--{ 'L:. Q "jJ 0) .< BANK ONE. NATIONAL ASSOCIATION, TRUSTEE. PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVAN VS, CIVIL ACTION LAW NO. 03-571 CIVIL SHEILA M, GROSS, DEFENDANT IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and Co ty, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states th t the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and SUbSCri~ before me this li!day J1 /' of f/j?/l - 20m '-- 7:lbl,41J/:;Il ot y blIc .. LEO [1--.--- NOTARIAL SEAL --I MARYLAND K. FERRETTI, Notary Public I Lowe: Paxto,n Twp., Dauphin County ~~~~_~~~e~XPires Aug. 8, 2~~'Jrj l Q s~ r--> =' co eft "'r".';" "0 ;;;:J <.:"1 --n ~ s:J.-n r-nr~ --d1-;"'! ~,~)9 '"'e- ':..--:::.\-,< :~~:~~ ~'~_~ (\1 ;~ '':::0 "< -':;', r;-;> CJ <.1"1 . BANK ONE, NATIONAL ASSOCIATION, TRUSTEE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V AN VS, CIVIL ACTION LAW NO, 03-571 CIVIL SHEILA M, GROSS. DEFENDANT(S) IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as the praecipe for the writ of execution was filed, the following information concerning the real located at 57 WATERSIDE DRIVE CARLISLE, PENNSYLVANIA 17013: 1, Name and address ofthe Owner(s) or Reputed Owner(s): SHEILA M. GROSS 57 WATERSIDE DRIVE CARLISLE, PA 17013 the date operty 2, Name and address ofDefendant(s) in the Judgment, if different from that listed, n (1) above: SAME 3, Name and address of every judgment creditor whose judgment is a record lien the real property to be sold: Cynthia Naught 31 Bellaire Avenue Carlisle, P A 17013 Richard Wix, Esquire 4705 Duke Street Harrisburg, PAl 7109 4. Name and address oflast recorded holder of every mortgage ofrecord: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5, Name and address of every other person who has any record lien on the propert UNKNOWN ", = C~ en :r... o ., --i :r:-n fI1p -Of'Tl ,o',,::> (') .L .::j(-) J~=rl '>;1.~-'-) (~1l'1 ::~ ~~,J .< - 1 6, Name and address of every other person who has any record interest in the pro erty and whose interest may be affected by the sale: UNKNOWN . 7. Name and address of every other person of whom the Plaintiff has knowledg who has any interest in the property which may be affected by the sale: Tenants if any . . , DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, P A 17013 Dorothy L. Mott, Esquire 125 State Street Harrisburg, PAl 710 I Tenant/Occupant 57 Waterside Drive Carlisle, P A 17013 (In the preceding information, where addresses could not be reasonably ascertained, th same is indicated, ) I verify that the statements made in this Affidavit are true and correct to the best of m personal knowledge, information and belief. I understand that false statements herein are e subj ct to the penalties of 18 P A C.S. Section 4904 relating to unsworn falsification to authori' , Leo ,Haller PA LD, #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PAl 71 02 (717) 234-4178 DATE:ApriI12,200S () r~; .....' = .:.:;;:> c...n - ::;:'t1 :;;.:J (..n :3l o -n -1 :1:.,) 1,"['1;::-- -(1\'\ -:"J'C~ ';.-, l <'-'\~)t --C -T"! ,~~~/\ ~,-.J , r:-? Cl 0' ~~L ,. .~ BANK ONE, NATIONAL ASSOCIATION, TRUSTEE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV A A VS, CIVIL ACTION LAW NO, 03-571 CIVIL SHEILA M, GROSS, DEFENDANT(S) IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.1 ,... o (:"~, TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: \....' t-;/~ DATE: Wednesday, September 07, 2005 :2. TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 o -n .--1 ::r; -r] f1'i"'=- --r~:') ~.j-)\ (') .-) ~}~~~.j 'r~~ ~.;\ r:~ -:,; .J .......::. -r:; :.:1';: o 0' THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly onsisting of a statement of the measured boundaries of the property, together with a brief mention of the uildings and any other major improvements erected on the land, (SEE DESCRIPTION A TT ACHED) THE LOCATION of your property to be sold is: 57 WATERSIDE DRIVE CARLISLE, PENNSYLVANIA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed n the within Commonwealth and County to: No. 03-571 CIVIL JUDGMENT AMOUNT $67,285.92 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: SHEILA M. GROSS ~ , A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or gove ental or corporate entities or agencies being entitled to receive part of the proceeds of the sale receive and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalitie that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and dist 'bution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone bjects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of th Court of Common Pleas of the within County at the Courthouse address specified herein, THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away, A lawyer an advise you more specifically of these rights. If you wish to exercise your rights, YOU MU TACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU C FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: R GET 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered 'udgment against you. You may also file a petition with the same Court if you are aware of a legal de ct in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of e within County to set aside the sale for a grossly inadequate price or for other proper cause, Thi petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3, A petition or petitions raising the legal issues or rights mentioned in the preceding p agraphs must be presented to the Court of Common Pleas of the within County. The petition must be erved on the attorney for the creditor or on the creditor before presentation to the court and a propose order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Admi istrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petiti n to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 " /' --- ALL those three tracts of land situate in Lower Frankford ToWIl$bip, land County, Pennsylvania, bounded and descnbed as follows: TRACT NO.1: BEGINNING at an iron pin and stake at the comer of land ofP R. Young and Russell L. Mackey, et aI; thence along the line of land 'of Paul R. Young, c ing a private road and through an iron pin on the southern side thereof, South 44 degrees 30 utes West 200 feet to an iron pin; thence by the same land and the same course, 35 feet, more less, to the low water line of the Conodoguinet Creek; thence by the said low water line, N 75 degrees 39 minutes West, 60 feet to a point on line of land conveyed or about to be conve ed to Alverta M. Fry; thence by the latter land, North 44 degrees 30 minutes East, 35 feet, re or less, to an iron pin; thence by the same land the same course, 211.29 feet, crossing a privat road to an iron pin on the line of land of Russell L. Mackey, et aI; thence by the latter land, So th 65 degrees 18 minutes East, 55.14 feet to the Place of BEGINNING said description be g in accordance with a survey thereof by Roger S1. Germain &. AssociUes, dated September 26, 961. TOGETHER with a right-of-way for the pwpose of ingress and egress over other lands of the Grantor herein and other owners to the property herein conveyed over a private ro from the public road leading from Bergner's Bridge to Bloserville in common with the Grant ,his heiIs and. assigns. SUBJECT to the aforesaid right-of-way for ingress and egress in favor of the own or ownm, their heirs and assigns. of the land to the West hereof. TRACT NO.1: BEGINNING at a stake at line of other land of K. Swartz; thence by said land, South 44 degrees 30 minutes West, a distance of 225 feet, more or less, to the w water IIllIrlc of the Conodoguinet Creek; thence by the same up the Creek, North 52 de 15 minutes West, a distance of 51.5 feet to a point; thence along lands of Chester Fry, North 44 degrees 30 minutes East, a distance of 231 feet to a stake; thence by the same, South 45 de 30 minutes East, a distance of 50 feet to a stake, the Place of BEGINNING. com 0.27 acres, more or less. TOGETHER with a right-of-way for the pwpose of ingress and egress over other 1 of the Grantor herein to the property herein conveyed, over a private road from the public ~ ad leading from Bergner's Bridge to BlosetVille in common with the Grantor, his heirs md assi , said right-of-way to be approximately 1609 feet, more or less, from the said public road. TRACT NO.3: ALL that certain tract of land situate in Lower Frankford To Cumberland County, Pennsylvania, bounded and descnbed as follows: , BEGINNING at an iron pin at the comer of land of Chester L. Fry and wife and Russ U L. Mackey, et aI; thence along the line of land aforesaid of Chester L. Fry and wife, crossin a private road, South 44 degrees 30 minutes West 211.29 feet to an iron pin; thence by the e land and the same courses, 35 feet, mote or less, to the low water line of the CoDodo . Creek; thence by the said low water line, North 75 degrees 39 minutes West 120 feet to the to land of Brinton F. Forney and wife; thence by the latter land, North 44 degrees 30' // / , East 3S feet, more or less, to an iron pin; thence by the same land and the same course, ero' a private road. 234.38 feet to an iron pin on the line ofland of Russell L. Mackey, et al; then by the latter land, through an iron pin in the center of said line, South 6S degrees 18 minutes East 110.28 feet to the Place of BEGINNING; said description being in accordance with a ey thereofby Roger St. Germain &. Associates, dated September 26, 1961. TOGETHER with a right-of-way for the purpose of ingress and egress over other of the prior Grantors herein IlDd other owners to the property conveyed over a private road the public road leading from Bergner's Bridge to Bloserville, in common with the prior Gran: their heirs and assigns. SUBJECT to the aforesaid right-of-way for ingress and egress in favor of the own owners, their heirs IlDd assigns, of the land to the West hereof: HAVING THEREON ERECTED A DWELLING KNOWN AS 57 WATERSIDE D VB, CARLISLE, PA 17013. BEING THE SAME PREMISEES WHICH Lee E. Grove and Laura Miller G ove by deed dated 1/22/00 and recorded in Deed Book 238 Page 228 granted and conveyed unto Sheila M. Gross. TO BE SOLD AS THE PROPERTY OF SHEILA M. GROSS ON JUDGMENT NO. 2003 571. ASSESSMENT: 14-07-0475-004 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-571 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt. interest and costs due BANK ONE, NATIONAL ASSOCIATION, TRUST Plaintiff(s) From SHEILA M. GROSS, 57 WATERSIDE DRIVE, CARLISLE PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 57 WATERSIDE DRIVE, CARLISLE PA 17013 (SEE 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 fr paying any debt to or for the account of the defendant (s) and from delivering any property of the defend nt (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 a a garnishee and is enjoined as above stated. Amount Due 67,285.92 LL Interest TO 9/7/05 @ $19.56 per diem ~ $15,380.29 Atty's Comm % Due Prothy $1.00 Atty Paid 3,261.63 Other CostsLATE CHARGE S $30.07/MONT TO 9/7/05 = $712.31: ESCROW DEFICIT = $4,740.73: CORPORATE ADVANCES ~ $2,711.87 Plaintiff Paid Date: APRIL 15, 2005 (Seal) CURTIS R. LONG Prothonqt ry By: \ U- REQUESTING PARTY: Name LEON P. HALLER, ESQ. Address: 1719 N. FRONT ST. HARRISBURG PA 17102 Attorney for: PLAINTIFF Telephone: (717) 234-4178 Supreme Court ID No, 15700 BANK ONE. NATIONAL ASSOCIATION. TRUSTEE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA VS, CIVIL ACTION LAW NO, 03-571 CIVIL SHEILA M, GROSS, DEFENDANT(S) IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the D,S, Mails at Harrisburg, Pennsylvania on v-/9-{)5"' , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P, 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with D.S, Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: SHEILA M, GROSS 57 WATERSIDE DRIVE CARLISLE, P A 17013 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, P A 17013 Cynthia Naught 31 Bellaire Avenue Carlisle, P A 17013 Richard Wix, Esquire 4705 Duke Street Harrisburg, P A 17109 Dorothy L. Mott, Esquire 125 State Street Harrisburg, PA 17101 Tenant/Occupant 57 Waterside Drive Carlisle, P A 17013 By ~-~ PURCE~KRDG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES HOWARD B. KRUG LEON P. HALLER JOHN W, PURCELL JR. JILLM. WrNKA BRIAN], TYLER NICHOLE M. STALEY O'GORMAN f?JJ~ ~ &' ~~ \7\9 NORTH FRONT S1REET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 HERSHEY (717)533-3.836 JOSEPH NISSLEY (1910-1982) JOHN W. PURCELL VALERIE A. GUNNOF COUNSEL SHEILA M. GROSS 57 WATERSIDE DRIVE CARLISLE, P A 17013 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, P A 17013 Cynthia Naught 31 BeUaire Avenue Carlisle, P A 17013 Richard Wix, Esquire 4705 Duke Street Harrisburg, P A 17109 Dorothy L. Mott, Esquire 125 State Street Harrisburg,PA 17101 Tenant/Occupant 57 Waterside Drive Carlisle, PA 17013 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto, YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale, YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by bei otified of said Sheriff's Sale, By: = L . HallerPALD.15700 ttomey for Plaintiff BANK ONE, NATIONAL ASSOCIATION. TRUSTEE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA VS, CIVIL ACTION LAW NO, 03-571 CIVIL SHEILA M, GROSS, DEFENDANT(S) IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: Wednesday, September 07, 2005 TIME: 10:00 O'clock A.M, LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention ofthe buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 57 WATERSIDE DRIVE CARLISLE, PENNSYLVANIA 17013 THE JUDGMENT under or pursuant to which your propelty is being sold is docketed in the within Commonwealth and County to: No. 03-571 CIVIL JUDGMENT AMOUNT $67,285.92 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: SHEILA M. GROSS A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in filct, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed, Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein, THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you, 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause, This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. . 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within Connty. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition, If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PAl 7102 (717) 234-4178 / / .--- ALL those three tracts of land situate in LoWla- Frankford Township, Cumberland County, Pennsylvania. bounded and described as follows: TRACT NO.1: BEGINNING at an iron pin and stake at the comer of land of Paul R. Young and Russell L. Mackey, et aI; tbenco along the line: of land 'of Paul R. Young, cro~ a private road and through an iron pin on the southern side thereot: South 44 degrees 30 mmutes West. 200 feet to an iron pin; thence by the same land and lhe same course, 3S feet, more or less, to the low water line of the Conodoguinet Creek; thence by the said low water line, North 7S degrees 39 minutes West, 60 feet to a point on line of landl conveyed or about to be conveyed to Alverta M. Fry; thence by the latter 1and, North 44 degrees 30 mnmtes East, 3S feet, more or less, to an iron pin; thence by the same land the same COUll;e, 211.29 feet, crossing a private road to an iron pin on the line of land of Russell L. Mackey, et aI; thence by the latter 1and, South 6S degrees 18 minutes East, S5.l4 feet to the Place of BE.GINNING said description being in accordance with a survey thereof by Roger St Germain & Associates, dated September 26, 1961. TOGETHER with a right-of-way for the purpose <If ingress and egress over other 1ands of the Grantor herein and other owners to the property hm,in conveyed over a private road from the public road leading from Bergner's Bridge to Bloserville in common with the Grantor, his heirs and assigns. SUBJECT to the aforesaid right-of-way for ingress Imd egress in favor of the owner or owners, their heirs and assigns, of the land to the West hereof: TRACT NO.1: BBGlNNING at a stake at line of other land of K. Swartz; thence by said 1and, South 44 degrees 30 minutes West, a distance of 225 feet, more or less, to the low water mark of the Conodoguinet Creek:; thence by the same up the Creek, North 52 degrees 15 minutes West, a distance of 51.5 feet to a point; thence along lands of Chester FlY, North 44 degrees 30 minutes East, a t1;.qAnt'~ of231 feet to a stake; thl~ by the same, South 45 degrees 30 minutes East, a distance of 50 feet to a stake, the Place ,)f BEGlNNING. CONTAINING 0.27 acres, more or less. TOGETHER with a right-of-way for the purpose of ingress and egress over other lands of the Grantor herein to the property herein conveyed, over II private road from the public road leading from Bergner's Bridge to B10secville in common with. the Grantor, his heirs and assigns, said right-of-way to be approximately 1609 feet, more or less, from the said public road. TRACT NO.3: ALL that certain tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and descn"bed as follows: BEGINNING at an iron pin at the comer of land of C1Jestcr L. FlY and wife and Russell L. Mackey, et aI; thence along the line of land aforesaid of Chester L. FlY and wife, crossing a private road, South 44 degrees 30 minutes West 211.29 feet to an iron pin; thence by the same land and the same counes, 35 feet, more or less, to the lo", water line of the Conodoguinet Creelc; thence by the said low water line, North 75 degrees 39 minutes West 120 feet to tbe line to land of Brinton F. Fomey and wife; thence by the latter bl!ld, North 44 degrees 30 minnte<' /' East 3S feet, more or less, to an iron pin; tbeacc by the same land and the same course, crossing a private road, 234.38 feet to an iron pin on the line of land l)fRussell L. Mackey, et at; thence by the latter 1and. through an iron pin in the center of said JiJ:le, South 65 degrees 18 minutes East 110.28 feet to the Place of BEGINNING; said descriptioll being in accordance with a survey thereofby Roger St. Germain & Associates, daied Septembc:r 26, 1961. TOGETHER with a right-of-way for the purpose of ingress and egress over other lands of the prior Grantors herein and other owners to the property conveyed over a private road from the public road leading from Bergner's Bridge to Bloserville, in common with the prior Grantors, their heirs and assigns. SUBJECT to the aforesaid right-of-way for ingress and egress in favor of the owner or owners, their heirs and assigns, of1he land to the West hereoL HAVING THEREON ERECTED A DWELLING KNOWN AS 57 WATERSIDE DRIVE, CARLISLE, PA 17013. BEING THE SAME PREMISEES WHICH Lee E. Grove and Laura Miller Grove by deed dated 1/22/00 and recorded in Deed Book 238 Page 228 granted and conveyed unto Sheila M. Gross. TO BE SOLD AS THE PROPERTY OF SHEILA M. GROSS ON JUDGMENT NO. 2003 571. ASSESSMENT: 14-07-0475-004 7lo1.lJ 3'IJ], 't6If6 b'l25 i:!"I72 TO: SHEILA M, GROSS 57 WATERSIDE DRIVE CARLISLE, PA 17013 SENDER: REFERENCE: PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Rerum Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail . ~ HOMECOMINGS FINANCIAL NETWORK v, SHEILA M, GROSS Cumberland County Sale 9/7/2005 U. S. POSTAL SERVICE CERTIFICATE OF MAILING IIn comoliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: SHEILA M. GROSS 57 WATERSIDE DRIVE CARLISLE. PA 17013 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comoliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: Cynthia Naught 31 Bellaire Avenue Carlisle, PA 17013 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comnliance with Postal Service Form 3877) ." Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PAl 71 02 Postage: One piece of ordinary mail addressed to: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Postmark: . I ~~~fSPQs-~ " {J ~ '. i (~ I[ .=--;:- I .:)~~~.- """HV8o..r",,~ 02 IA . 00043538)1 $ 00.900 ~ MAflED FROM Z"PR 19 2005 IPCODE 17102 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comuliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Richard Wix, Esquire 4705 Duke Street Harrisburg, P A 17109 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comuliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Dorothy L. Mott, Esquire 125 State Street Harrisburg, P A 171 0 1 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comuliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: Tenant/Occupant 57 Waterside Drive Carlisle, P A 17013 Postmark: 1 ~POSr'lq, _ ~'t' '!'_I~ & ~~~ '''';-;-.:':''00 : ~ $ 00.~no5 j ~ ~pp j 9 " ~%0435381~ 2\I'COOE- j lj 02 1.I1'\\.E-0 FRO o c.-; ~; .-:::;') "tr ~, GO ,,) 0' L:: ~:l q. ::;l-r\ fhe ....,-" I.;-~, ~'o.., l..,,1 \ ,'~'} ) '.~l,,-;_ ")">"-", , ~j~.\~\\ ~'- J '-:::-\ '?O '?l :?" -"'- r-' .' .- cP - Bank One, National Association, Trustee VS Sheila M. Gross The Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2003-571 Civil Term Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, states that on May 25,2005 at 6:00 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Sheila M. Gross, by making known unto Sheila M. Gross, personally, at 57 Waterside 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. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on July 12,2005 at 6:40 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 Sheila M, Gross, located at 57 Waterside Drive, 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 the within named defendant, to wit: Sheila M. Gross, by regular mail to her last known address of 57 Waterside Drive, Carlisle, PA 17013. This letter was mailed under the date of July 01, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Leon Haller. Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Prothonotary Mileage Certified Mail Levy Surcharge 30,00 35,91 45.00 45.00 1.00 7.20 12.34 45,00 40,00 Law Journal Patriot News Share of Bills Postpone Sale 899.00 632.72 18.20 20.00 $1831.37 Sworn and subscribed to before me So Answers /~~//-., R. Thomas Kline, Sheriff BY I HI 11/ s~tl Rea~ 2005, A.D. 4. lfO J }, LIt5.;.2~J ~u, BANK ONE, NATIONAL ASSOCIATION, TRUS:EE. PLAINTIFF VS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION LAW i NO, 03-571 CIVIL SHEILA M, GROSS. DEFENDANT(S) IN MORTGAGE FORECLOSURE ~!. 6' AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 57 WATERSIDE DRIVE CARLISLE, PENNSYL VANIA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): SHEILA M. GROSS 57 WATERSIDE DRIVE CARLISLE, P A 17013 2. Name and address ofDefendant(s) in the Judgment, if different from that listed, in (1) above: SAME 3, Name and address of every judgment creditor whose judgment is a record lien on the (-") ,....,. real property to be sold: c-" g ~ _n ('fl v ::;:J~ f"llr,'cl TJfn ~:JC1 ~J,() --;--"T; ~.~?; ;C")\,"" ~:~~ ,< Cynthia Naught 31 Bellaire Avenue Carlisle, P A 17013 =".. -<;:J ::.lJ __t' Ul Richard Wix, Esquire 4705 Duke Street Harrisburg, P A 17109 ('." C::l U1 4, Name and address oflast recorded holder of every mortgage ofrecord: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN .' " --- ALL those three tracts of land situate in Lower Frankford Township, Cumberland Cotmty, Pennsylvania, bounded and descnbed as follows: TRACT NO.1: BEGINNING at an iron pin and stake at the comer of land of Paul R. Young and Russell L. Mackey, et al; thence along the line of land 'of Paul R. Young, crossing a private road and through an iron pin on the southern side thereof, South 44 degrees 30 minutes West 200 feet to an iron pin; thence by the same land and the same course, 35 feet, more or less, to the low water line of the Conodoguinet Creek; thence by the said low water line, North 75 degrees 39 minutes West, 60 feet to a point on line of land conveyed or about to be conveyed to Alverta M. Fry; thence by the latter land, North 44 degrees 30 minutes East, 35 feet, more or less, to an iron pin; thence by the same land the same course, 211.29 feet, crossing a private road to an iron pin on the line of land of Russell L. Mackey, et al; thence by the latter land, South 65 degrees 18 minutes East, 55.14 feet to the Place of BEGINNING said description being in accordance with a survey thereof by Roger St Germain & Associate!, dated September 26, 1961. TOGETHER with a right-of-way for the purpose of ingress and egress over other lands of the Grantor herein and other owners to the property herein conveyed over a private road from the public road leading from Bergner's Bridge to Bloserville in common with the Grantor, his heirs andassigns. SUBJECT to the aforesaid right-of-way for ingress and egress in favor of the owner or owners, their heirs and assigns, of the land to the West hereof. TRACT NO.1: BEGINNING at a stake at line of other land of K. Swartz; thence by said land, South 44 degrees 30 minutes West, a distance of 225 feet, more or less, to the low water m.azk of the Conodoguinet Creek; thence by the same up the Creek, North 52 degrees 15 minutes West, a distance of 51.5 feet to a point; thence along 1ands of Chester Fry, North 44 degrees 30 minutes East, a distance of231 feet to a stake; thence by the same, South 45 degrees 30 minutes East, a distance of 50 feet to a stake, the Place of BEGINNING. CONTAINING 0.27 acres, more or less. TOGETHER with a right-of-way for the purpose of ingress and egress over other lands of the Grantor herein to the property herein conveyed, over a private road from the public road leading from Bergner's Bridge to Bloserville in common with the Grantor, his heirs and assigns, said right-of-way to be approximately 1609 feet, more or less, from the said public road. TRACT NO.3: ALL that certain tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and descnbed as follows: BEGINNING at an iron pin at the corner of land of Chester L. Fry and wife and Russell L. Mackey, et al; thence along the line of !and aforesaid of Chester L. Fry and wife, crossing a private road, South 44 degrees 30 minutes West 211.29 feet to an iron pin; thence by the same !and and the same courses, 35 feet, more or less, to the low water line of the Cooodoguinet Creek; thence by the said low water line, North 75 degrees 39 minutes West 120 feet to the line to land of Brinton F. Fomey and wife; thence by the latter land, North 44 degrees 30 minutes ) /- ,./" East 35 feet. more or less, to an iron pin; th= by the same land and the same course, crossing a private road. 234.38 feet to an iron pin on the line ofland of Russell L. Mackey, et 21; thence by the latter land, through an iron pin in the center of said line, South 65 degrees 18 minutes East 110.28 feet to the Place of BEGINNING; said description being in accordance with a survey thereofby Roger St Germain & Associates, dated September 26, 1961. TOGETHER with a right-of-way for the pUrpose of ingress and egress over other lands of the prior Grantors herein and other owners to the property conveyed over a private road from the public road leading from Bergner's Bridge to Bloserville, in common with the prior Grantors, their heirs and assigns. SUBJECT to the aforesaid right-of-way for ingress and egress in favor of the owner or owners, their heirs and assigns, of the land to the West hereof: HAVING THEREON ERECTED A DWELLING KNOWN AS 57 WATERSIDE DRIVE, CARLISLE, PA 17013. BEING THE SAME PREMISEES WHICH Lee E. Grove and Laura Miller Grove by deed dated 1/22/00 and recorded in Deed Book 238 Page 228 granted and conveyed unto Sheila M. Gross. TO BE SOLD AS THE PROPERTY OF SHEILA M. GROSS ON JUDGMENT NO. 2003 571. ASSESSMENT: 14-07-0475-004 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-571 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt. interest and costs due BANK ONE, NATIONAL ASSOCIATION, TRUSTEE Plaintiff(s) From SHEILAM.GROSS, 57WATERSIDEDRIVE,CARLISLE PA 17013 (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 57 WATERSIDE DRIVE, CARLISLE PA 17013 (SEE 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 issned; (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) Ifproperty 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 67,285.92 LL Interest TO 9/7/05 @ $19.56 per diem ~ $15,380.29 Atty's Comm % Due Prothy $1.00 Ally Paid 3,261.63 Other CostsLATE CHARGE S $30.07/MONTH TO 9/7/05 = $712.31: ESCROW DEFICIT = $4,740.73: CORPORATE ADVANCES = $2,711.87 Plaintiff Paid Date: APRIL 15, 2005 CURTIS R. LONG (Seal) By: Deputy , REQUESTING PARTY: Name LEON P. HALLER. ESQ. Address: 1719 N. FRONT ST. HARRISBURG PA 17102 Attorney for: PLAINTIFF Telephone: (717) 234-4178 Supreme Court ID No, 15700 Alnd<lG <llUlSa IU<l~ Ll:pvt.1) hp70AH ~ooz '{ { AUW:<llUG .U!<lJ<ll( P<llUJOWO::JU! J:)U<lJ<lj;}J S!l(l Aq pUU l!.lM S!l(ll(l!M p<l1!J "Y" l!q!l(Xa uo p<lq!J:)S<lp AllnJ JJOUl '<lIS!PUJ '<lA!JG <lP!SJ<llUA\ LS su p<lJ<lqUlnu pUU UMOU)f Yd 'AlunoJ pUUp<lqUlnJ 'd!l(SUMOl PJOpjUBJd J<lMO'1 U! P<lWnl!S AlJ<ldoJd IU<lJ <ll(l U! lS<lJJlU! S,lUUpUJ]Jp <ll(l uodn P<l!A<l1 JJ!J<ll(S <ll(l ~ocz 'r l .(UrN ue 9S# <lIUS <llUlSa {U<l~ q I :11 d S I 'ddV SGGZ '<,Id ')\1,. ',- .:l.:1\l.l3H~; _,0.' ,.:i'::j ~ ~ ~ ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), p, L,1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND 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, V1Z: July 15, 22, 29, 2005 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. Lisa SWORN 29 AND SUBSCRIBE before me this day of Julv. 2005 NOTAR SEAL LOIS E. SNYDER. Nolary Pul,lic Carnsle Boro. Cumberland County MV Commission Expires Marth 5. 2009 REAL ESTATE SALE NO. 36 Writ No. 2003-571 Civil Bank One, National Association, Trustee VS, Sheila M. Gross Atty.: Leon P. Haller ALL those three tracts of land situate in Lower Frankford Town~ ship. Cumberland County. Pennsyl- vania, bounded and described as follows: TRACT NO, I: BEGINNING at an iron pin and stake at the corner of land of Paul R. Young and Russell L. Mackey, et al; thence along the line of land of Paul R Young. cross- ing a private road and through an iron pin on the southem side thereof South 44 degrees 30 minutes West 200 feet to an iron pin; thence by the same land and the same course, 35 feet. more or less. to the low water line of the Conodoguinet Creek; thence by the said low v:a- teT lIne, North 75 degrees 39 miIl~ utes West, 60 feet to a po1nt on line of land conveyed or about to be con- veyed to Alverta M. Fry; thence by the latter land, North 44 degrees 30 minutes East, 35 feet, more or less, to an iron pin: thence by the same land the same course, 211.29 feet, crossing a private road to an iron pin on the line of land of Russell L. Mackey, et al; thence by the lat- ter land, Soulh 65 degrees 18 min- utes East, 55.14 feet to the Place of BEGINNING said description be- ing in accordance with a survey thereof by Roger St. Germain & As- socJates, dated September 26, 196!. TOGETI-IER with a right-of-way for the purpose of ingress and egress over other lands of the Grantor herein and other owners to the property herein conveyed over a private road from the public road leading from Bergner's Bridge to Bloserville in common with the Grantor, his heirs and assigns. SUBJECT to the aforesaid right- of-way for ingress and egress in fa- vor of the owner or owners, their heIrs and assigns, of the land to the West hereof. TRACT NO, 2: BEGINNING at a stake at line of other land of K. Swartz: thence by said land, South 44 degrees 30 minutes West, a dis- tance of 225 feet, more or less, to the low water mark of the Conodo- guinet Creek; thence by the same up the Creek, North 52 degrees 15 minutes West, a distance of 51.5 feet to a point: thence along lands of Chester Fry, North 44 degrees 30 minutes East, a distance of 231 feet to a stake: thence by the same, South 45 degrees 30 minutes East, a distance of 50 feet to a stake, the Place of BEGll'INING. CONTAINING 0.27 acres, rlore or less. TOGETHER With a right-oE-way for the purpose of ingress and egress over other lands of the Grantor herein to the property herein conveyed, over a private road from the pubHc road leading from Bergner's Bridge to Bloserville in common with the Grantor, his heirs and assigns, said right-of~way to be approximately 1609 feet, more or less, from the said pubHc road. TRACT NO.3: ALL that certain tract of land situate in Lower Frank- ford Township, Cumberland Coun- ty, Pennsylvania, bounded and de- scribed as foHows; BEGINNING at an iron pin at the comer of land of Chester L. Fry and wife and Russell L. Mackey, et al; thence along the line of land afore- said of Chester L. Fry and wife, crossing a private road, South 44 degrees 30 minutes West 211.29 feet to an iron pin; thence by the same land and the same courses, 35 feet, more or less, to the Jaw water line of the Conodoguinet Creek; thence by the said low wa- ter Hne, North 75 degrees 39 min- utes West 120 feet to the line to land of Brinton F. Forney and wife: thence by the latter land, North 44 degrees 30 minutes East 35 feet, more or less, to an iron pin; thence by the same land and the same course, crossing a private road, 234.38 feet to an iron pin on the line of land of Russf>J1 L. Mackey, et a1; thence by the latter land. through an iron pin in the center of said line, South 65 degrees 18 minutes East 110.28 feet to the Place of BEGIN- NING; said descIiption being in ac- cordance with a survey thereof by Roger St. Germain & Associates, dated September 26, 1961. TOGETHER with a right-of-way for the purpose of ingress and egress over other lands of the prior Grantors herein and other ov.mers to the property conveyed over a pri~ vate road from the public road lead- ing from Bergner's Bridge to BloseIY111e, in common with the pri- or Grantors, their heirs and assigns. SUBJECT to the aforesaid right- of-way for inp;ress and egress in fa- vor of the owner or owners, their heirs and assigns, of the land to the West hereof. HAVING THEREON ERECTED A DWELLrNG KNOWN AS 57 WATER- SroE DRIVE, CARLISLE. PA 17013. BEING THE SAME PREMISES WHICH Lee E. Grove and Laura Miller Grove by deed dated 1/22/ 00 and recorded in Deed Book 238 Pag:e 228 granted and conveyed unto Sheila M. Gross. TO BE SOLD AS THE PROP- ERTY OF SHEILA M, GROSS ON JUDGMENT NO, 2003 57!. ASSESSMENT: 14-07-0475-004, , . . ' . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No, 587. Approved May 16. 1929 Commonwealth of Pennsylvania. County of Dauphin} os Joseph A. Dennison. being duly sworn according to law. deposes and says: That he is the Assistant 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 ami publisher of The Patriot- News and The Sunday 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 19th and 26th day(s) of July and the 2nd day(s) of August 2005, That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he lias 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, COpy S ALE #36 Sworn to an PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE. PA, 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO, For publishing the notice or publication attached hereto on the above stated dates 632.72 REAL ESTATE SALE No. 36 Writ No. 2003-571 Civil Term Benk One, N8IIonel _18IIon, Tru8le8 Va Shelle M. Gross Ally: Laon P. Haller DESCRIPTION TOGETHER witb a right-of-~y for the purpose of ingress and egress overotber 1aalk of the Grantor herein to dJe proptlfy herein con~eyed, over a ~vate road from. the public road leading from .8ergner'.s Bridge to Bloserville in CO.~OD with !he Grantor, his heirs and assigns, s&d right-of~way to be approximately 1609 feet, more or less, from the said public road. .~NO.3:~thatcertain.tractOfland SItuate m Lower Frankfurd Township, Cumberland COIlllly. Peonsyl""" bounded and _bed " follows: BEGINNING"'at an iron pin at the comer ofland of Chester L Fry "'" will: and Russell L, Mackey, et a1; I:bence along the liue of land aforesaid of Che&er L Fry and will:. crossing a priWle road, South 44 degrees 30 minutes West 211.29 feet to an iron pin; thence by the same land and the same courses, 35 feet, more or less. to the low water line of die ~()fJ()joguinetCreel; dreoce by die said low w.ater line, North 75 degrees 39 minUtes West 120 feet to the line to land of Brinton F. Forney and wife; thence by the latter land. North 44 ;egre." 3? minutes East 35 feet, more or less, to 811, iron pm; thence by the same IaJ1d and the same course, crouinga privale road, 234.38 feet to an iron pin on !be line of Ian<l 01 R_n L Mickey, et aJ; thencebytbe latter land, Ihrough an iron pin in the center of said line, South 65 degrees 18 minutes East 110.28 feet to the Place of BEGINNING; said description being in accordance with a survey lbereof by Roger St. Germain & Associates, dated ~26, 1961. TOGETHER wilh a right-of-way for the purpose of ingress and egress over other lands of the prior Grantors Mrein and other owners to the property conveyelover a private road from the public road 1eadi:Dg from Bergner's Bridge to BIosemUe, in cmnznon with the prior Grantors, lheirheirs andassigns.:. SUBJECf to the aforesaid right-<lf-way for ingress and egress in favor of the owner or owners, their heirs and assigns. of the land to the West bereof, HAVING thereon erected a dwelling known as 57 W_llri"". Carlisle,PA 11013. BEING TIlE SAME preIlIi.es which Lee E. Grove and Laura Miller Grove by deed dated 1/211 00 and recorded in Deed Book 238 Page 228 granted and conveyed unto Sbei1a M. Gross. TO BE SOLD " !be propeny of Sheila M. Gross on Judgement No. 2003 571. ASSF.'lSMENr. 1W7-0475.004, ALLtbosethree tracts of land situate in Lower Frankfonl ToWll.!bi;: Cumberland' Coonty, Permsy1van1a. bounded and described " follow", TRACI' NO., 1:' BEGINNING at an iron pin and slake at _ of Ian<l of Paul R, Young andRussollL, Mai:key, ct aJ; thence aJong \he line of 1aDd of Paul R.Young, crossing a !XivareJ'OOd and through lID iron pin 011 the soutbem side _, Sonlb 44 degrees 30 minutes West 200 feet to an iron pin; tbencebytho same land and Ihe same course, 3Sfeet, more or less, to the low water line 01 the conodogIrinet Ct<ek; the"" by the said low warer\ine.Nolth75 deglees 19 minutes west, 60 feet to a po.inf on line of land conveyed or about to be conveyed to Alverta M. Fry; thence by \he _land, Nolth 44 degrees 30 JDinures East, 3S feet, more or less, to an iron pin; tbence by the same land the same course, 211.29 feet,crossingaprivateroadtoaaironpmontbe line oIIandolRussoll L Mai:key, et aJ; thence by !be \atter land, SOUIb 65 degrees 18 minutes East, 55.\4 feet to \he PIao: 01 BEGINNING said de- scription being in accordance with. a. survey _by Roger St GennaJn I< Associates. dated September 26, 1961. 1UGE1HER witb a right-of-way for the purpose olingtess andegJOSS over oIber Jands 01 me OnDtor herein and other owners to the property herein .iOnveyed over a priv~ ~ from the public road 1eading from Bergner s Bodge to Bloservme inoommon with tbeGraDtor, his,heirs and"';- siiitr...e -- ."., .. .................-.- tIlIltllein......., of..1oslI \0"'" ....' 1'IlACI' NO, 2: BEGINNlNG at a stake at line of_laodofR SW8tlZ; thence by said land. South 44 degrees 30 minultS West, a distance of 225 feet, more or less, to !he low water mark of theCouodoguUtetCreek;thenceby<lre-up the Creek. Nolth 52 degrees 15 minutes W....' distarM:eof51.5feetroapoint;l:beocealooglands of Cltester Fry, Nolth 44 degrees 30 minutes East, a ~~e_ of 231_ ~.~_~_~~; ~_bJ_~ . .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO, 03-571 CIVIL BANK ONE, NATIONAL ASSOCIATION, TRUSTEE, PLAINTIFF DEFENDANT(S) Total Judgment Amount Interest Per diemof$19.56 to sale date 9/612006 Late Charges $30,97 per month to sale date 9/6/2006 Escrow Deficit Corporale Advances $67,285,92 $22,271.75 VS. $712.31 SHEILA M. GROSS, $6,591.60 $9,030,54 TOTAL WRIT $105,892.12 .Plus additional interest, late charges and other costs to date of sheriff's sale. SALE DATE: Wednesday, September 07, 2005 (PROTHONOTARY'S USE) Pltf. Paid Deft, Paid Due ProthlClerk Other Costs PRAECIPE FOR WRIT OF EXECUTION. MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned ca Date: May 30, 2006 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 WRIT OF EXECUTION. MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 57 WATERSIDE DRIVE, CARLISLE, PENNSYLVANIA 17013 C 1L DIVISION Date: PROTHO BY DEPUTY p ~ ~ f () -:- N 7i C> e- %f C> -- - ~ } ----< }.) "'il \) ~ ~ ~. -+- ~ ~ .---. , ~ --.."",,,- :::: --..'_ ",~lI'\V\ ~ ~ "1~~:-O~:-d;;~~~ g ~gcoCl)Cv~--O.:tQ C CI:C~..c:...l:CC/)\) \, \ \ ( 1\ \ ~\J "~"'-::~:::"''''':::1-r- -- -- ." :::. ""::: ::::::::. vi:: '2j:- :::. - - () ...., = 0 c: = -n --,. o~ ., '"1Ji:":f :::: -l r~ff_' :P :I:-n "',.. --: rnp -;~ W -"In (/) -:-:130 ~.-::: >) .l .,.._..: , :'::~lL) ---- _~I-:r\ " ( -0 ":5-0 ~{":: C ::::J:: ";70 );" c:. l:-? cjrn ..~/' -\ ~ .,... ~ -- .. / /, --- ALL those tbreo tracts of land situate in Lower Frankford To~, Cumberland County, PemJSylVlllIia, bounded and described as follows: TlUCT NO.1: BEGINNING at an iron pin and stake at the comer of land of Paul R. Young and Russell L. Maclcey, et al; thence along the line of land .of Paul R. Young, crossing a private road and through IIIl iron pin on the southern side thereof: So1Ith 44 degrees 30. minutes West 200 teet to IIIl iron pin; thence by the same land end the same coursc:, 35 feet, more or less, to the low water line of the Conodoguinet Creek; thence by the said low water line. North 75 degrees 39 minutes West, 60 feet to a point on line of land conveyed or about to be conveyed to Alverta M. Fry; 1hence by the latter land, North 44 degrees 30. mnmt..a East, 35 feet, more or less, to an iron pin; thence by the same land the same COUISe, 211.29 feet, crossing a private road to an iron pin on the line of land of Russell L. Mackey, et al; thllDCO by the latter lend, South 65 degrees 18 minutes East, 55.14 teet to the Place of BEGINNING said description being in accordance with a survey thercofby Roger SL Germain &~, dated September 26, 1961. TOGETHER with a right-of-way for the pUlpOSll of ingress end egress over other lands of the Grantor herein and other OWlll!lrS to the property herein conveyed over a private road from the public road leading from Bergner's Bridge to Bloserville in common with the Grantor, his heirs andassigns. SUBJECT to the aforesaid right-of-way for ingress and egress in favor of the owner or owners. their heirs and assigns, of the land to the West hereof 11l.4CT NO.2: BEGINNING at a stake at line of other land of Ie. Swartz; thence by said lend, South 44 degrees 30 minutes West, a distance of 225 feet, more or less, to the low water mark of the Conodoguinet Creek; thence by the same up the Creek, North 52 degrees IS minutes West, a distance of 51.5 feet to a point; thence along lands of Chester FlY. North 44 degrees 30. minutes East, a distance of 231 feet to a stake; thence by the same. South 45 degrees 30. minutes East, a distance of 50 feet to a stake, the Place of BEGINNING. CONTAINING 0..27 acres, more or less. TOGETHER with a right-of-way for the pwpose of ingress end egress over other lands of the Grantor herein to the property herein conveyed, over a private road from the public road leading from Bergner's Bridge to Bloserville in common with the Grantor, his heirs and assigns, said right-of-way to be approximately 1609 teet. more or less, from the said public road. 11l.4CT NO.3: ALL that certain tract of land situate in Lower Frankford Township, Cumberland County, PcmnsylVlllIia, bounded end described as follows: BEGINNING at an iron pin at the comer of land of Chester L. Fry md wife and Russell L. Mackey, et al; thence along the line of land aforesaid of Chester L. Fry BDd wife. crossing a private road, South 44 degrees 30. mm"boa West 211.29 feet to. an iron pin; thence by the same land and the SIUI1ll courses, 35 teet. more or less, to the low water Jino of the Conodoguinet Creelc; thence by the said low water line. North 75 degrees 39 '1'm,!fes West 120. feet to the line to land of Brinton F. Forney and wife; thence by the1atter land, North 44 degrees 30. ";innt~ . w . /~ ,v East 35 feet. more or less, to an iron pin; tbeoco by the same land 8Dd the same coune, crossing a privatoroad. 234.38 feet to an irol?-pin on tho 1ino oflandofRusseIlL. Mackey, etal; thoDCc by the latter land, through an iron pin in tho center of said line, South 65 degrees 18 minutes East 110.28 feet to tho P1aco of BEGINNING; said description being in accorcIaDce with a survey thereofby Rogel" St Germain & Associates, dated September 26, 1961. TOGETHER with a right-of-way for the piIlpose of ingress and egress over other \ands of tho prior Grantors herein and other owners to tho property conveyed over a privato road from tho public road l....nmg from Bergner's Bridge to Bloserville, in common with tho prior Grantors, their heirs and assigns. SUBJECTto tho aforesaid right-of-way for ingress and egress in favor of the owner or owners, theirheim and assigns, of the \and to1he West hereot HAVING THEREON ERECTED A DWELLING KNOWN AS 57 WATERSIDE DRIVE, CARLISLE, PA 17013. BEING THE SAME PREMISEES WHICH Lee E. Grove and Laura Miller Grove by deed dated 1/22/00 and recorded in Deed Book 23B Page 22B granted and conveyed unto Sheila M. Gross. TO BE SOLD AS THE PROPERTY OF SHEILA M. GROSS ON JUDGMENT NO. 2003 571. ASSESSMENT: 14-07-0475-004 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-571 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK ONE, NATIONAL ASSOCIATION, TRUSTEE, Plaintiff (s) From SHEILA M. GROSS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE 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 gamishee(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 hirnlher that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $67,285.92 L.L. Interest $22,271.75 - PER DIEM OF $19.56 TO SALE DATE 9/6/06 Ally's Cornm % Due Prothy $1.00 Ally Paid $5118.00 Other Costs LATE CHARGES $30.97 PER MONTH TO SALE DATE 9/6/06 - $712.31 -- ESCROW DEFICIT - $6,591.60 - CORPORATE ADVANCES - $9,030.54 ~ Plaintiff Paid Date: MAY 31, 2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTII FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ill No, 15700 VS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW BANK ONE, NATIONAL ASSOCIATION, TRUSTEE, PLAINTIFF NO. 03-571 CIVIL SHEILA M, GROSS, DEFENDANT IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me thi~ day of 20 d (, NOTARIAL SEAL MARYLAND K, FERRml, Notaty Public Lower Paxton Twp" Dauphin County My Commission Expires Aug. 8, 2006 o ~:;; \:,;{' 1'"1"1;-- -~, ~ ~~;. '" = = "'~ -... '"'"' -< w o ." ~ f1,:D -nFn ~/1~; ::."~(/,\ -y- "'r; ;:?:rj /0 ,'Sfll ~ ~ -0 ::x r:? .s:- UI ~~ ,. BANK ONE, NATIONAL ASSOCIATION, TRUSTEE, PLAINTIFF VS, IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION LAW NO, 03.571 CIVIL SHEILA M, GROSS, DEFENDANT(S) IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 57 WATERSIDE DRIVE CARLISLE, PENNSYL VANIA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): SHEILA M. GROSS 57 WATERSIDE DRIVE CARLISLE, PAl 7013 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Cynthia Naught 3 I Bellaire Avenue Carlisle, PA 17013 Richard Wix, Esquire 4705 Duke Street Harrisburg, P A 171 09 4. Name and address oflast recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN ..4 . 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: Tenants if any .. . DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, P A 17013 Dorothy L. Mott, Esquire 125 State Street Harrisburg, P A 1710 1 Tenant/Occupant 57 Waterside Drive Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of knowledge, information and belief. I understand that false statements herein are ma s penalties of 18 P A C.S. Section 4904 relating to unsworn falsification to authoritie personal . ect to the er PA LD. #15700 , Krug & Haller 19 North Front Street Harrisburg, P A 17102 (717) 234-4178 DATE:May 30, 2006 , 0 ...." 0 = c C? .., ce. >.'- .-1 ,J l~-; -"" ::I:"TI n') ~', ;::::.. r'l1- -< F w C" ~'-~ " (1.\ l 1-:: C,! ., -t, ~d , :!.C c\ ., ( 'S rn ? s.. r::' )> ,.-~\ -"'" :n -< 0'1 .< ~ ~ BANK ONE, NATIONAL ASSOCIATION, TRUSTEE, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO, 03-571 CNIL SHEILA M, GROSS, DEFENDANT(S) IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: Wednesday, September 06, 2006 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 57 WATERSIDE DRIVE CARLISLE, PENNSYLVANIA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 03-571 CIVIL JUDGMENT AMOUNT $67,285.92 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: SHEILA M. GROSS , A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. . , YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County, The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 . / " --- ALL those three tracts of land situate in Lower Frankford To~, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO.1: BEGINNING at an iron pin and stakft at the comer of land of Paul R. Young and Russell L. Mackey. et al; thence along the line of land .of Paul R. Young, crossing a private road and through an iron pin on the southern side thereof, South 44 degrees 30 minutes West 200 feet to an iron pin; thence by the same land and the same course, 35 feet, more or less, to the low water line of the Conodoguinet Creek; thence by the said low water line, North 75 degrees 39 minutes West, 60 feet to a point on line of land conveyed or about to be conveyed to Alverta M. Fry; thence by the 1atter land, North 44 degrees 30 mn",t_ East, 35 feet, more or less, to an iron pin; thence by the same land the same course, 211.29 feet, crossing a private road to an iron pin on the line of land of Russell L. Mackey, et at; thence by the latter 1and, South 65 degrees 18 minutes East, 55.14 feet to the Place of BEGINNING said description being in accoIdance with a survey thcreofby Roger SL Germain & As~, dated September 26, 1961. TOGETHER with a right-of-way for the pUIpOse of ingress and egress over other 1ands of the Grantor herein and other owners to the property herein conveyed over a private road from the public road leading from Bergner's Bridge to Bloservi1le in common with the Grantor, his heiIs andassigns. SUBJECT to the aforesaid right-of-way for ingress and egress in favor of the owner or OWDClll, their heirs and assigns, of the land to the West hereof. TRACT NO.2: BEGINNING at a stakft at line of other land ofK. Swartz; thence by said land, South 44 degrees 30 minutes West, a distance of 225 feet, more or less, to the low water IDlIIk of the Conodoguinet Creek; thence by the same up the Creek, North S2 degrees 15 minutes West, a distance of 51.5 feet to a point; thence along lands of Chester Fry, North 44 degrees 30 mnllltes East, a tliC!t<mt'-e of 231 feet to a stake; thence by the same, South 45 degrees 30 minutes East, a distance of 50 feet to a stake, the Place of BEGINNING. CONTAINING 0.27 acres, more or less. TOGETHER with a right-of-way for the purpose of ingress and egress over other lands of the Grantor herein to the property herein conveyed, over a private road from the public road leading from Bergner's Bridge to B1oservil1e in common with the Grantor, his heirs and assigns, said right-of-way to be approximately 1609 feet, more or less, from the said public road. TRACT NO.3: ALL that certain tract of land situate in Lower Frankford Township, Cambcr1and County, Pc:nnsylvania, bounded and descn"bed as follows: BEGINNING at an iron pin at the comer of land of Chester L. Fry and wifo and Russell L. Mackey, et al; thence along the line of land aforesaid of Chest<< L. Fry and wife, crossing a private road, South 44 degrees 30 mnmt", West 211.29 feet to an iron pin; thence by the same land and the same courses, 35 feet, more or less, to the low wafet line of the Conodoguinet Creek; thence by the said low water 1ine, North 75 degrees 39 minutes West 120 feet to the line to land of Brinton F. Forney and wife; thence by the latter Imd, North 44 degrees 30 "';inntes , /,,/ , East 35 feet. more or less. to an iron pin; tbeDce by tho same land IIDd tho samo courso, crossing a privato road, 234.38 feet to an iron pin on the liDl: of18Dd ofRussoIl L. Mackey, ot at; thoncc by tho 1attc:r laud, through an iron pii1 in tho conter of said Iino, South 65 dogreos 18 minutes East 110.28 foot to tho Place of BEGINNING; said description being in accordance with a survey thoreofby Rogol' St. Germain & Associates, dated September 26, 1961. TOGETHER with a right-of-way for the purpose of ingress and ogress over other 1ands of tho prior GrantoI$ horein and 01her owners to tho property conveyed over a private road from tho public road loading from Bergnor's Bridge to Bloscrville, in common wi1h the prior Grantors, thoir heirs and assigns. SUBJBC1' to tho aiorosaid right-of-way for ingress and egress in favor of the owner or ownC1'S, lhcir heirs and assigns, of tho land to tho west hereof. HAVING THEREON ERECTED A DWELLING KNOWN AS 57 WATERSIDE DRIVE, CARLISLE, PA 17013. BEING THE SAME PREMISEES WHICH Lee E. Grove and Laura Miller Grove by deed dated 1/22/00 and recorded in Deed Book 238 Page 228 granted and conveyed unto Sheila M. Gross. TO BE SOLD AS THE PROPERTY OF SHEILA M. GROSS ON JUDGMENT NO. 2003 571. ASSESSMENT: 14-07-0475-004 ... (") r--' 0 = r:: = -n en ::!:: -I ::I:-n ::w.. 111\_ -: -n0 W ::1';" (~() r' -1. -V ~~E; =t: '. ::--CM N ,::..) C .:;j :z; -':J C' ::.Q ._, u, -<;. .... ..... BANK ONE, NATIONAL ASSOCIATION, lRUSTEE, PLAINTIFF SHEILA M, GROSS, VS. DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO, 03-571 CIVIL IN MORTGAGE FORECLOSURE RELIEF FRCM STAY , \ (( .... UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA INRE: SHEILA MARY GROSS Debtors BANKONE, NATIONAL ASSOCIATION, AS TRUSTEE BANKRUPTCY NO. I :05-bk-05676 Movant CHAPTER 13 vs. SHEILA MARY GROSS and CHARLES J. DEHART, III, Esquire, Trustee Respondents ENTRY OF ORDER MODIFYING STAY TO PERMIT THE FORECLOSURE OF LIEN UPON REAL ESTATE OF DEBTOR AND NOW, it appearing that a Notice of Default was served upon debtors and their counsel on , and that no response has been received by SHEILA M. GROSS, Respondent, it is hereby ORDERED that the stay imposed by ~362 (a) of the Bankruptcy Code be, and hereby is, modified to permit the BankOne, National Association, As Trustee, to proceed to foreclosure on its mortgage recorded in Cumberland County, Pennsylvania, as described in its Motion on file herein. By the Com1, Jj~/~~!; This electronic order is signed and filed on the same date. Dated: April 3, 2006 BANK ONE, NATIONAL ASSOCIATION, TRUSTEE, PLAINTIFF VS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION LAW NO, 03-571 CML SHEILA M, GROSS, DEFENDANT(S) IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on ~b DOL , a true and correct copy of the Notice of Sale of Real Estate pursuant to P A RC.P. 3129,1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing fonn in compliance with U.S. Postal Fonn 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: SHEILA M. GROSS 57 WATERSIDE DRIVE CARLISLE, P A 17013 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Cynthia Naught ' 31 Bellaire Avenue Carlisle, P A 17013 Richard Wix, Esquire 4705 Duke Street Harrisburg, P A 17109 Dorothy L. Mott, Esquire 125 State Street Harrisburg, PA 17101 Tenant/Occupant 57 Waterside Drive Carlisle, PA 17013 By P , KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES HOWARD B. KRUG LEON p, HALLER JOID'f W. PURCELL JR. JILLM. WINKA BRIAN J. TYLER NICHOLE M. STALEY Q'GORMAN f?P~~!J~ 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-\206 HERSHEY (717)533.3836 JOSEPH NISSLEY (1910-1982) JOHN W. PURCELL V ALERlE A. GUNNOF COUNSEL SHEILA M. GROSS 57 WATERSIDE DRNE CARLISLE, PA 17013 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle,PA 17013 Cynthia Naught 31 Bellaire Avenue Carlisle, P A 17013 Richard Wix, Esquire 4705 Duke Street Harrisburg, P A 171 09 Dorothy L. Mott, Esquire 125 State Street Harrisburg, PA 17101 Tenant/Occupant 57 Waterside Drive Carlisle, P A 17013 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by bein I d of said Sheriff's Sale. By: ~ Leon P. Haller PA I.D.15700 Attorney for Plaintiff BANK ONE, NATIONAL ASSOCIATION, TRUSTEE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, CIVIL ACfION LAW NO. 03-571 CIVIL SHEILA M, GROSS, DEFENDANT(S) IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: Wednesday, September 06, 2006 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 57 WATERSIDE DRIVE CARLISLE, PENNSYLVANIA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 03-571 CIVIL JUDGMENT AMOUNT $67,285.92 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: SHEILA M. GROSS A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 /" .~. ALL those three 1I8cts of land situato in Lower Frankfotd ToWJ!Sbip, Cumberland County, pennsylVllDia, bounded and described as follows: TIlACT NO.1: BEGINNING at an iron pin and stake at tba corner of land of Paul R. Y olUlg md Russell L. Mackey, et a1; thence along the line of land 'of Paul R. Young, crossing a private road md through an iron pin on the southern side thereo~ South 44 degrees 30 minutes West 200 feet to an iron pill; thence by the same 1and and tba lIIII1lC course, 35 feet, more or less, to the low water line of tba Conodoguinet Creek; thence by tba said low water line, North 75 degrees 39 minuteS West, 60 feet to a point on line of land oonveyed or about to be conveyed to Alverta M. Fry; thence by the latter land, North 44 degrees 30 m;""t.., East. 35 feet, more or less, to an iron pin; thence by the same land the same course, 211.29 feet, crossing a private road to an iron pin on the line of land of Russell L. Mackey, et a1; thence by the latter land, South 65 degrees 18 minutes East, 55.14 feet to the Place of BEGINNING said description being in accotdance with a survey thereofby Roger SL Germain & Assoc:iatcI, dated September 26, 1961. TOGETHER with a right-of-way for the purpose of ingress and egress over other lands of the Grantor herein and other OwneIS to the property herein conveyed over a private road from the public road leading from Bergner's Bridge to Bloserville in common with the Grantor, his heirs andassigns. SUBJECT to the aforesaid right-of-way for ingress and egn:ss in mor of the owner or ownelS, their heirs and assigns, of the land to the West hereof: TRACT NO.2: BEGINNING at a stake at line of other land of K. Swartz; thence by said 1and, South 44 degrees 30 minutes West, a distance of 22S feet, more or less, to the low water marlc of the Conodoguinet Creek; theDce by the same up the Credc, North 52 degrees IS min'...... West, a dicw.ee of 51.5 feet to a point; thence along lands of Chester Fry, North 44 degrees 30 mirJutes East, a dilZhmt'.e of 231 feet to a stake; thence by the same, South 4S degrees 30 m;"ntH East, a distance of SO feet to a stake, the Place of BEGINNING. CONTAINING 0.27 acres, more or less. TOGBTHER with a right-of-way for the purpose of ingress and egress over other lands of the Grantor herein to the property herein conveyed, over a private road ftom the public road leading from Bergner's Bridge to Bloscrvi1le in r.ommO/l with the Grantor, his heirs and assigns, said right-of-way to be approximately 1609 feet, more or less, ftom tba Slid public road. TRACT NO.3: ALL that certain tract of land situate in Lower FrlIIIkford Township, Cumberland Coumy, PeD!ISYlvania, bounded and described as follows: BBGINNlNG at an iron pin at the comer of land of Chester L. Fry and wife and R.usseI1 L. Mackey, ct a1; thence along the line of 1and afoRsaid of ~ L. Fry and wife, crossing a private road, South 44 degrees 30 m;"ntes West 211.29 feet to an iron pin; the.oce by the same land and the same courses, 35 feet, more or less, to the low water line of the Conodoguinet Creek; thence by the said low water line, North 7S degrees 39 ~ West 120 feet to the line to land of Brinton F. Fomey and wife; tbeDce by the latter land, North 44 degrees 30. "';;"ntes /. ./ . East 35 feet, more or leu, to an iron pin; theoce by the same land llIld the ssme coune, crossing a private road. 234.38 feet to an iron pin on the line of land of Russell L. Mackey, et a1; theDcc by the latter land, through an iron piD in the center of said line, South 6S degrees 18 minutes Bast 110.28 feet to the Place of BEGINNING; said description being in accorcIanco with a survey thereofby Rogel'SL Germain &: Associstes, dated Septemb<< 26, 1961. TOGETHER with a right-of-way for the purpose of ingress and egress over other lands of the prior Grantors herein and other ownen to the p.lOperty conveyed over a private road from the public road leading from Bergner's Bridge to Bloserville, in common with the prior Grantors, their heirs and assigns. SUBJBCTto the aforesaid right-of-way for ingress aud egress in mor of the owner or owners, their heirs and assigns, oftba!aDd to the West hereof: HAVING THEREON ERECTED A DWELLING KNOWN AS 57 WATERSIDE DRIVE, CARLISLE, PA 17013. BEING THE SAME PREMISEES WHICH Lee E. Grove and Laura Miller Grove by deed dated 1/22/00 and recorded in Deed Book 238 Page 228 granted and conveyed unto Sheila M. Gross. TO BE SOLD AS THE PROPERTY OF SHEILA M. GROSS ON JUDGMENT NO. 2003 571. ASSESSMENT: 14-07-0475-004 1JWJ JIII10 ..... ... ...~ 10: SHEILA M. GROSS 57WATERSIDEDRlVE CARLISLE, PA 17013 leNDER: NOS 09/06/06 REFERENCE: HC VS. GROSS FomI3800 Janus 2005 ~RN Pootaga IlECEIPT Cartiflad Faa 8EfIVICE O_'M "_ RetUrn .,.......... ~ Raatrlclad Dallve Total Poolsga & Fees US PosIaI SeNIC8 i i I I i I I !,'. No_~- Do Mol Uaa tor ............ Mall t..._........................................... ......-..-..-.. Receipt for Certified Mall , )l HOMECOMINGS FINANCIAL NETWORK v. SHEILA M. GROSS Cumberland County Sale 9/6/2006 . U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comnliance with Postal Service Form 3877) Received from: Purcell, Krog & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: SHEILA M. GROSS 57 WATERSIDE DRIVE CARLISLE, PA 17013 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comnliance with Postal Service Form 3877) Received from: Purcell, Krog & Haller 1719 North Front Street Harrisburg, P A 171 02 Postage: One piece of ordinary mail addressed to: Cynthia Naught 31 Bellaire Avenue Carlisle, P A 17013 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comnllance with Postal Service Form 3877) Received from: Purcell, Krog & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Postmark: .' Qt>-t-~"%-~.:=:=I. It ft.':";;,"? - . ~ "ItV' ____ PITNEY IIO\NES . 02 1A $ 00.950 . . 0004353871 JUN 02 2006 MAILED fROM Z/PCODE 17102 . . . U. S. POSTAL SERVICE CERTIFlCATE OF MAILING (In comullance with Postal Service Form 3877\ Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: Richard Wix, Esquire 4705 Duke Street Harrisburg, P A 17109 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comuli.nce with Postal Service Form 3877\ Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Dorothy L. Mott, Esquire 125 State Street Harrisburg, PA 17101 Postmark: V. S. POSTAL SERVICE CERTIFlCATE OF MAILING (In comull.nce with Post.1 Service Form 3877\ Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Tenant/Occupant 57 Waterside Drive Carlisle, P A 17013 Postmark: . . !;)<#"\tSPO&,.~ II ft(t.~~...::::- ~ """'" _ P1TfU'tBOWES . . 02 1A $ 00.950 0004353811 JUN02 2006 MAILED FROM ZIPGODE 11102 ,,~~, (") c < v:': ....., = = 0' :t':- C.:: G-) c...> Cl o .." :r n, :cJ -0 r;; :tJ6 () "~i ) :7:f~ ~o cSm >! ~ ~ 9." '-'-' VI " 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 Sheriffs Deed in which Bank One B A Tr is the grantee the same having been sold to said grantee on the 6th day of Sept A.D., 2006, under and by virtue of a writ Execution issued on the 31 st day of Mav, A.D., 2006, out ofthe Court of Common Pleas of said County as of Civil Term, 2003 Number 571, at the suit of Bank One B A Tr against Sheila M Gross is duly recorded in Deed Book No. 276, Page 4453. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this .J..1 day of _Lp ,A.D. ~o " ~r&.~.~ RIcoldIr DeedI, C~lIlnd ~, CIdIIIII. PA corder of Deeds ..., Ct!l1.tl"'1I EJpIIIt.. FiIIt MoIdIIrCII_2DIO , Bank One, National Association, Trustee VS Sheila M. Gross In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-571 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on June 23,2006 at 12:15 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: Sheila M. Gross, by making known to Sheila M. Grosee, personally, at 57 Waterside Drive, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy ofthe same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on June 23, 2006 at 12:15 o'clock P.M., he posted a true copy of the within Real state Writ, Notice, Poster and Description, in the above entitled action, upon the property of Sheila M. Gross located at 57 Waterside Drive, Carlisle, Pennsylvania 17013 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 ofthe pendency of the action to the within named defendant, to wit: Sheila M. Gross, by regular mail to her last known address of 57 Waterside Drive, Carlisle, Pennsylvania 17013. This letter was mailed under the date of June 26, 2006 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 September 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of$I.00 to Attorney Leon Haller for Bank One, National Association, as Trustee. It being the highest bid and best price received for the same, Bank One, National Association, as Trustee of9350 Waxie Way, Suite 300, San Diego, CA 92123, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$I,838.25. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Prothonotary Mileage Levy Surcharge $30.00 36.04 45.00 45.00 30.00 10.00 1.00 4.40 45.00 40.00 Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 905.00 563.00 19.31 25.00 39.50 () $1,838.25 v" I 0 / O~ I 0(, '---r So ~w~ ~~~~~~ R. Thomas Kline, Sheriff ~ 36. frO o.,Jt.- J. ()1> C-h.. Sj~(.3'i ~. If31 i.3 .c1' I DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LA W ~ NO. 03-571 CIVIL '6 0 ~ IN MORTGAGE FORECLOSURE ~~ BANK ONE, NATIONAL ASSOCIATION, TRUSTEE, PLAINTIFF VS. SHEILA M. GROSS, AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 57 WATERSIDE DRIVE CARLISLE, PENNSYLVANIA 17013: 1. Name and address ofthe Owner(s) or Reputed Owner(s): SHEILA M. GROSS 57 WATERSIDE DRIVE CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the Judgment, ifdifferent from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Cynthia Naught 31 Bellaire Avenue Carlisle, PA 17013 Richard Wix, Esquire 4705 Duke Street Harrisburg, PAl 71 09 4. Name and address oflast recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTImRS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 4-1/ I 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: Tenants if any . . . DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Dorothy L. Mott, Esquire 125 State Street Harrisburg, PAl 71 0 1 Tenant/Occupant 57 Waterside Drive Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated. ) I verify that the statements made in this Affidavit are true and correct to the best of knowledge, information and belief I understand that false statements herein are ma s penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authoritie . er P A J.D. #15700 , Krug & Haller 19 North Front Street Harrisburg, P A 17102 (717) 234-4178 DATE:May 30, 2006 .~ ... VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW BANK ONE, NATIONAL ASSOCIATION, TRUSTEE, PLAINTIFF NO. 03-571 CIVIL SHEILA M. GROSS, DEFENDANT(S) IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 06, 2006 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 57 WATERSIDE DRIVE CARLISLE, PENNSYLVANIA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 03-571 CIVIL JUDGMENT AMOUNT $67,285.92 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: SHEILA M. GROSS .- . A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas ofthe within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. ," YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PAl 71 02 (717) 234-4178 ,. /' ,~/ ~~ ALL those three tracts of land situate in Lower Frankford To~. Cumberland County. Pennsylvania, bounded and described as follows: TRACT NO.1: BEGINNING at an iron pin and stake at the comer of land of Paul R. Young and Russell L. Mackey, et 81; thence along the line of land 'of Paul R. Young, crossing a private road and through an iron pin on the southern side thereot: South 44 degrees 30 minutes Wefrt 200 feet to an iron pin; thence by the same land and the same course. 35 feet, more or less, to the low water line of the Conodoguinet Creek; thence by the said low water line. North 75 degrees 39 minutes West, 60 feet to a point on line of land conveyed or about to be conveyed to Alverta M. Fry; thence by the latter laud, North 44 degrees 30 minutes East, 35 feet, more or less, to an iron pin; thence by the same land the same course, 211.29 feet, crossing a private road to an iron pin on the line of land of Russell L. Mackey. et at; thence by the latter land, South 65 degrees 18 minutes East, 55.14 feet to the Place of BEGINNING said description being in accordance with a survey tbercofby Roger St Germain & As~e!. dated September 26. 1961. TOGETHER with a right-of-way for the purpose of ingress and egress over other lands of the Grantor herein and other owners to the property herein conveyed over a private road from the public road leading from Bergner's Bridge to Bloserville in common with the Grantor, his heirs and.assigns. SUBJECT to the aforesaid right-of-way for ingress and egress in favor of the owner or owners, their heirs and assigns, of the land to the West hereof: TRACT NO.1: BEGINNING at a stake at line of other land of K.. Swartz; thence by said land, South 44 degrees 30 minutes West. a. distance of 225 feet, more or less, to the low water JD8Ik of the Conodoguinet Creek; thence by the same up the Creek, North 52 degrees 15 minutes West, a distance of 51.5 feet to a point; thence along lands of Chester Fry t North 44 degrees 30 minutes East, a distance of 231 feet to a stake; thence by the same, South 45 degrees 30 minutes East, a distance of 50 feet to a stake, the Place of BEGINNING. CONTAINING 0.27 acres, more or less. TOGETHER with a right-of-way for the purpose of ingress and egress over other lands of the Grantor herein to the property herein conveyed, over a private road from the p~blic road leading from Bergner's Bridge to B10serviUe in common with the Grantor, his heirs and assigns, said right-of-way to be approximately 1609 feet, more or less, from the said public road. TRACl' NO.3: ALL that certain tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and descnOed as follows: BEGINNING at an iron pin at the comec of land of Chester L. Fry and wife and Russell L. Mackey, et al; thence along the line of land aforesaid of Chester L. Fry and wife, crossing a private ~ South 44 degrees 30 mmlltes West 211.29 feet to SID. iron pin; thence by the same land and the same courses, 35 ~ more or less, to the low water line of the Conodoguinet Creek; theDce by the said low water line, North 75 degrees 39 minutes West 120 feet to the line to land of Brinton F. Fomey and wife; thence by the latter lan~ North 44 degrees 30. ~mnt~ /,,/ ./ " Bast 3S feet, more or less. to an iron pin; theoce by the same land and the same course, crossing a private road, 234.38 feet to an iro~ pin on the line of land of Russell L. Mackey. et a1; thence by the latter land, through an iron pin in the center of said line, South 65 degrees 18 minutes East 110.28 feet to the Place of BEGINNING; said description being in accordance with a survey tbereofby Roger St Germain & Associates, dated September 26, 1961. TOGETHER with a right-of-way for the pUrpose of ingress and egress over other lands of the prior Grantors herein and other owners to the property conveyed over a private road from the public road leading from Bergner's Bridge to BlosemJ.le, in common with the prior Grantors, their heirs and assigns. SUBJECT to the aforesaid right-of-way for ingress and egress in favor of the owner or owners. their heirs and assigns, of the land to the West hereof: HAVING THEREON ERECTED A DWELLING KNOWN AS 57 WATERSIDE DRIVE, CARLISLE, PA 17013. BEING THE SAME PREMISEES WHICH Lee E. Grove and Laura Miller Grove by deed dated 1/22/00 and recorded in Deed Book 238 Page 228 granted and conveyed unto Sheila M. Gross. TO BE SOLD AS THE PROPERTY OF SHEILA M. GROSS ON JUDGMENT NO. 2003 571. ASSESSMENT: 14-07-0475-004 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-571 Civil CNIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK ONE, NATIONAL ASSOCIATION, TRUSTEE, Plaintiff (s) From SHEILA M. GROSS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE 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) Ifproperty 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 $67,285.92 L.L. Interest $22,271.75 - PER DIEM OF $19.56 TO SALE DATE 9/6/06 Atty's Comm % Due Prothy $1.00 Atty Paid $5118.00 Other Costs LATE CHARGES $30.97 PER MONTH TO SALE DATE 9/6/06 - $712.31 - ESCROW DEFICIT - $6,591.60 - CORPORATE ADVANCES - $9,030.54 Plaintiff Paid Date: MAY 31, 2006 ~ (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ill No. 15700 Real Estate Sale # 79 On June 06, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Lower Frankford Township, Cumberland County, PA Known and numbered as 57 Waterside Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 06, 2006 By: JO(lfi~fJ, Real EState Sergeant u... ;:.. u...~' co C2>-= N wI-, " ::r c' 0- (IJ -, we <( ::cC I- c-:. N l<-. :::.. I Q"'~, t{ 0':' E5 ___ l~. --, I..l.. cr..; -0 I..l..~ = <::>.::;:, :::e ~) -u ~ l' Ai. 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 Assistant 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 Sunday 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 smce; 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 in the 19th and 26th day(s) of July and the 2nd day(s) of August 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are 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. PUBLICATION COpy S ALE #79 . '. CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND 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: July 21, July 28, and August 4,2006 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. TO AND SUBSCRIBED before me this day of August. 2006 SWO 4 ~:~~~JA/ r NOTARIAr'SEAL I I LOIS E. SNYDER, Notary Public ! I Carlisle Boro.. Cumberland Countv I f' My Commission Expires March 5, 200R I ~"",".."'.1lII;'<~~~"~""!M\l;" 1I~"..$~'''I;:;''~'.' REAL ESTATE SALE NO. 79 Writ No. 2003-571 Civil Bank One, National Association, Trustee vs. Sheila M. Gross Atty.: Leon P. Haller ALL those three tracts of land situate in Lower Frankford Town- ship, Cumberland County, Pennsyl- vania, bounded and described as follows: TRACT NO.1: BEGINNING at an iron pin and stake at the comer of land of Paul R. Young and Russell L. Mackey, et al; thence along the line of land of Paul R. Young, cross- ing a private road and through an iron pin on the southem side thereof South 44 degrees 30 minutes West 200 feet to an iron pin; thence by the same land and the same course, 35 feet, more or less, to the low water line of the Conodoguinet Creek; thence by the said low wa- ter line, North 75 degrees 39 min- utes West, 60 feet to a point on line ofland conveyed or about to be con- veyed to Alverta M. Fry; thence by the latter land, North 44 degrees 30 minutes East, 35 feet, more or less, to an iron pin; thence by the same land the same course, 211.29 feet, crossing a private road to an iron pin on the line ofland of Russell L. Mackey. et al; thence by the lat- ter land, South 65 degrees 18 min- utes East, 55.14 feet to the Place of BEGINNING said description be- ing In accordance with a survey thereof by Roger St. Germain & Associates, dated September 26, 1961. TOGETHER with a right-of-way for the purpose of Ingress and egress over other lands of the Grantor herein and other owners to the property herein conveyed over a private road from the public road leading from Bergner's Bridge to BloservlIle in common with the Grantor, his heirs and assigns. SUBJECT to the aforesaid right- of-way for ingress and egress in fa- vor of the owner or owners, their heirs and assigns, of the land to the West hereof. TRACT NO.2: BEGINNING at a stake at line of other land of K. Swartz; thence by said land, South 44 degrees 30 minutes West, a dis- tance of 225 feet, more or less, to the low water mark of the Cono- doguinet Creek; thence by the same up the Creek, North 52 degrees 15 minutes West, a distance of 51.5 feet to a point; thence along lands of Chester Fry, North 44 degrees 30 minutes East, a distance of 231 feet to a stake; thence by the same, South 45 degrees 30 minutes East, a distance of 50 feet to a stake, the PI",,,,, of BEGINNING. CONTAINING TOGE'IHER with a right-of-way for the purpose of ingress and egress over other lands of the Grantor herein to the property herein conveyed, over a private road from the public road leading from Bergner's Bridge to Bloserville In common with the Grantor, his heirs and assigns, said right-of-way to be approximately 1609 feet, more or less, from the said public road. TRACT NO.3: ALL that certain tract of land situate In Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin at the comer of land of Chester L. Fry and wife and Russell L. Mackey, et al; thence along the line of land afore- said of Chester L. Fry and wife, crossing a private road, South 44 degrees 30 minutes West 211.29 feet to an iron pin; thence by the same land and the same cour&es, 35 feet, more or less, to the low water line of the Conodoguinet Creek; thence by the said low wa- ter line, North 75 degrees 39 min- utes West 120 feet to the line to land of Brinton F. Fomey and wife; thence by the latter land, North 44 degrees 30 minutes East 35 feet, more or less, to an iron pin; thence by the same land and the same course, crossing a private road, 234.38 feet to an iron pin on the line of land of Russell L. Mackey, et al; thence by the latter land, through an iron pin in the center of said line, South 65 degrees 18 minutes East 110.28 feet to the Place of BEGIN- NING; said description being in ac- cordance with a survey thereof by Roger St. Germain & Associates, dated September 26, 1961. TOGE'IHER with a right-of-way for the purpose of ingress and egress over other lands of the prior Grantors herein and other owners to the property conveyed over a pri- vate road from the public road lead- ing from Bergner's Bridge to Bloserville, in common with the prior Grantors, their heirs and as- signs. SUBJECT to the aforesaid right- of-way for ingress and egress in fa- vor of the owner or owners, their heirs and assigns, of the land to the West hereof. HAVING THEREON ERECTED A DWELUNG KNOWN AS: 57 Water- side Drive, Carlisle, PA 17013. BEING THE SAME PREMISEES WHICH Lee E. Grove and Laura Miller Grove by deed dated 1/22/ 00 and recorded in Deed Book 238 Page 228 granted and conveyed unto ...... ... ...; --~---